Quyết định 98/2008/QD-BTC

DECISION

PROMULGATING THE REGULATION ON MARITIME CHARGES AND FEES AND TABLES OF MARITIME CHARGE AND FEE RATES

THE MINISTER OF FINANCE

Pursuant to the Vietnam Maritime Code;
Pursuant to Ordinance on Charges and Fees No. 38/2001/PL-UBTVQH10 of August 28, 2001;
Pursuant to the Government’s Decree No. 77/2003/ND-CP of July 1, 2003, defining the functions, competence, authority and organizational structure of the Ministry of Finance;
Pursuant to the Government’s Decree No. 57/2002/ND-CP of June 3, 2002, detailing the implementation of the Ordinance on Charges and Fees, and Decree No. 24/2006/ND-CP of March 23, 2006, amending and supplementing a number of articles of the Government’s Decree No. 57/2002/ND-CP of June 3, 2002;
After consulting the Ministry of Transport in Official Letter No. 6342/BGTVT-TC of August 26, 2008;
At the proposal of the Director of the Corporate Finance Department,

DECIDES:

Article 1. To promulgate together with this Decision the Regulation on maritime charges and fees and Tables of maritime charges and fees rates.

Article 2. Agencies and organizations collecting maritime charges and fees:

1. Agencies and organizations assigned to collect maritime charges and fees belonging to the state budget shall organize the collection and may retain a certain percentage (%) of total collected charge and charge amount before remitting it into the state budget under the Ministry of Finance’ regulations.

2. Self-invested enterprises operating seaports and enterprises managing maritime channels may collect maritime charges related to their production and business activities under the Regulation promulgated together with this Decision.

Maritime charge rates specified in the Regulation promulgated together with this Decision and collected by enterprises are inclusive of valued added tax.

Article 3. Other matters related to the collection, remittance, management, use, receipts and publicity of the collection of maritime charges and fees not yet prescribed in this Decision comply with the guidance in the Ministry of Finance’s Circular No. 63/2002/TT-BTC of July 24, 2002, guiding laws and regulations on charges and fees, and Circular No. 45/2006/TT-BTC of May 25, 2006, amending and supplementing a number of articles of Circular No. 63/2002/TT-BTC of July 24, 2002.

Article 4. This Decision takes effect 15 days after its publication in “CONG BAO” and applies on January 1, 2009. To annul the Minister of Finance’s Decision No. 88/2004/QD-BTC of November 19, 2004, and Decision No. 89/2005/QD-BTC of December 8, 2005. To annual the Ministry of Finance’s Official Letters No. 3404/TC/TCDN of March 25, 2005, No. 165/BTC-TCDN of January 4, 2007, No. 7904/BTC-TCDN of June 15, 2007, and No. 4812/BTC-TCDN of April 23, 2008, and documents on maritime charges and fees which are contrary to the provisions of this Decision.

Article 5. Organizations and individuals liable to pay maritime charges and fees; agencies and organizations collecting maritime charges and fees, and concerned units shall have to implement this Decision.

REGULATION

ON MARITIME CHARGES AND FEES AND TABLE OF MARITIME CHARGES AND FEES RATES
(Promulgated together with the Minister of Finance’s Decision No. 98/2008/QD-BTC of November 4, 2008)

Chapter I

GENERAL PROVISIONS

Article 1. Bases and principles for determination of maritime charges and fees

1. Gross tonnage (GT):

1.1. For dry carriers (including container carriers): It is the biggest GT of the carrier as indicated in the Registry’s certificate.

1.2. For liquid cargo tankers: It is equal to 85% of the biggest GT as indicated in the Registry’s certificate, regardless of whether the ship has separation ballast water tanks or not.

1.3. For ships entering and leaving ports for passenger transportation, repair or dismantlement: It is equal to 50% of the biggest GT as indicated in the Registry’s certificate.

1.4. In the absence of GT, the following conversion will apply:

1.4.1. Cargo ships: 1.5 registered deadweight ton is treated as 1 GT.

1.4.2. Tug boats, push boats: 1 HP (Kw) is treated as 0.5 GT.

1.4.3. Barges: 1 registered deadweight ton is treated as 1 GT.

1.5. For tug boats (or push boats) and towing or pushing barges: It is the total GT of the convoy of tug boats (or push boats) and barges.

2. Unit of engine power: The main engine power is calculated in horse power (HP) or kW; less than 1 HP or kW shall be counted as 1 HP or kW.

3. Time unit:

3.1. For the time unit being the day: One day is defined as 24 hours; 12 hours or less of a day shall be counted as half day; over 12 hours shall be counted as one full day.

3.2. For the time unit being the hour: 1 hour is defined as 60 minutes; 30 minutes or less shall be counted as half hour; over 30 minutes shall be counted as one full hour.

4. Cargo weight (including tare weight) unit is ton or cubic meter (m3); less than 0.5 ton or under 0.5 m3 shall be considered zero, 0.5 ton or 0.5 m3 or more shall be counted as 1 ton or 1 m3. In a single bill of lading, the minimum weight to count is 1 ton or 1 m3. Each 2 m3 of cargo each ton of which occupies 2 m3 or more shall be counted as 1 ton.

5. The distance to count is nautical mile; less than 1 nautical mile shall be counted as 1 nautical mile.

The unit for calculating wharfage is meter (m); less than one meter shall be counted as 1 meter.

6. Currencies in which maritime charges and fees shall be collected:

6.1. For maritime shipping along international routes: Maritime charges shall be paid in the US dollar (USD). The payment of charges must comply with the Vietnamese State’s current regulations on foreign currency management. In case it is necessary to convert US dollar into Vietnam dong, the conversion shall be made at the average exchange rate on the interbank foreign currency market, announced by the State Bank of Vietnam at the time of payment.

6.2. For maritime shipping between Vietnamese seaports, maritime charges shall be paid in Vietnam dong.

7. In case a voyage involves receipt and delivery of exports and imports at many Vietnamese seaports in combination with receipt and delivery of domestic cargoes, it shall be regarded as international transportation and the rates of maritime charges and fees for international shipping will apply.

Particularly, cargo volumes transported domestically are not liable to mooring- or anchoring-at-quay or -roadstead charge and pier or mooring buoy charge.

Article 2. A number of terms used in this Regulation are construed as follows:

1. Export cargoes (including containers) means cargoes having their places of consignment (departure) in Vietnam and places of delivery (destination) in foreign countries.

2. Import cargoes (including containers) means cargoes having their places of consignment (departure) in foreign countries and places of delivery (destination) in Vietnam.

3. Transit cargoes (including containers) means cargoes having their places of consignment (departure) and places of delivery (destination) outside the Vietnamese territory, carried to Vietnam’s seaports either in transit in these seaports or stored in warehouses or storing yards for further transportation.

4. Cargoes (including containers) in transshipment means cargoes unloaded from a ship, brought into transshipment areas for a given period of time before loaded onto another ship for transportation to another port.

5. Ships means seagoing ships, river ships and other types of ships, boats and crafts (with or without engine) operating on the sea and in waters contiguous to the Vietnamese seas.

6. Specialized ships include ships exclusively employed in oil and gas prospecting and exploitation (ships employed in oil and gas service activities) and ships exclusively used for the construction of marine works.

7. Carriers means persons who employ ships under their ownership or chartered ships under other people’s ownership to transport cargoes and passengers.

8. Persons responsible for paying maritime charges for cargoes means carriers or individuals authorized by carriers to pay maritime charges for cargoes.

9. Voyage: An entry in a port and a leaving from such port by a ship shall be counted as a single voyage.

10. Shore-to-island transportation route means a waterway route organized and managed under the maritime law on a list publicized by the Ministry of Transport.

11. Navigable zone means a delimited water area under the management of a port authority, except for the following port authorities which are in charge of more than one navigable zone:

11.1. The zone under the management of Quang Ninh port authorities is divided into four navigable zones, namely, Hon Gai zone, Cam Pha zone, Mui Chua zone and Van Gia zone;

11.2. The zone under the management of Hai Phong port authorities is divided into two navigable zones, namely, Bach Long Vi island zone and the remaining zone;

11.3. The zone under the management of Thua Thien - Hue port authorities is divided into two navigable zones, namely, Thuan An zone and Chan May zone;

11.4. The zone under the management of Da Nang port authorities is divided into two navigable zones, namely, Da Nang zone and Sa Ky zone;

11.5. The zone under the management of Quang Ngai port authorities is divided into two navigable zones, namely, Ly Son island zone and the remaining zone;

11.6. The zone under the management of Nha Trang port authorities is divided into six navigable zones, namely, Nha Trang zone, Ba Ngoi zone, Van Phong bay zone, Yen island zone, Ca Na zone and Ninh Chu zone;

11.7. The zone under the management of Vung Tau port authorities is divided into five navigable zones, namely, Vung Tau zone (including Thi Vai- Cai Mep river, Dinh river, Go Da transshipment zone, Ganh Rai bay- Vung Tau moorage zone), Phan Thiet zone, Phu Quy zone, Con Dao zone, and the offshore zone (including wharfless oil pump stations and oil and gas prospecting and exploitation positions);

11.8. The zone under the management of Kien Giang port authorities is divided into four navigable zones, namely, Hon Chong and Ha Tien zone, Phu Quoc zone, Rach Gia zone and Nam Du zone.

Article 3. Division of seaport regions

1. Region I: All ports lying from parallel 20 northward

2. Region II: All ports lying from parallel 11.5 to parallel 20

3. Region III: All ports lying from parallel 11.5 southward.

Chapter II

TABLE OF MARITIME CHARGES AND FEES FOR INTERNATIONAL MARITIME SHIPPING

Section 1. OBJECTS OF APPLICATION

Article 4.- This Table of maritime charges and fees is applicable to the following objects:

1. Ships engaged in the transportation of cargoes (including containers) for export, import, in transit, international transshipment transportation, from or into export processing zones; transportation of passengers from Vietnam to foreign countries or vice versa, and ships exclusively operating along international routes, which actually enter, leave, pass, moor or anchor in navigable zones or waters of Vietnamese seaports;

2. Cargoes (including containers), which are exported or imported, in transit or transshipment transportation, including those brought into or from export processing zones, which are loaded and unloaded, delivered, preserved and moor or anchor in Vietnamese seaports. Persons responsible for paying maritime charges are defined in Clause 8, Article 2 of this Regulation;

3. Passengers, including crewmen of passenger ships, entering Vietnam from foreign countries by sea or vice versa.

Section 2. SPECIFIC PROVISIONS

Article 5. Tonnage charges

1. Tonnage charge rates:

Ships entering and leaving seaports, crude oil export port divisions (wharfless oil pumping stations) or ports exclusively used for oil and gas activities are liable to a tonnage charge at the following rates:

2. Principles for charge collection:

2.1. Ships entering and leaving many seaports within the same navigable zone are liable to a tonnage charge only once at the rate specified in Clause 1 of this Article.

2.2. Ship entering and leaving ports for replenishing fuel, food provisions, fresh water, changing crew members without loading and unloading cargoes, without embarking or disembarking passengers, are liable to a tonnage charge equal to 70% of that specified in Clause 1 of this Article.

2.3. Ships entering or leaving ports within the same navigable zone for more than three voyages in a month, are liable to, from the 4th voyage on in the same month, a tonnage charge equal to 60% of that specified in Clause 1 of this Article.

2.4. Organizations or individuals having ships entering and leaving ports in the same navigable for more than eight voyages in a month, are liable to, from the 9th voyage on in the same month, a tonnage charge equal to 60% of that specified in Clause 1 of this Article.

2.5. Organizations or individuals that have passenger ships entering and leaving ports shall pay a tonnage charge as follows:

2.5.1. For ships of under 300 GT, entering and leaving ports at the minimum frequency of 10 voyages/month/port, they are liable to a charge equal to 70% of that specified in Clause 1 of this Article.

2.5.2. For ships of between 300 GT and under 1,500 GT, entering and leaving ports at the minimum frequency of seven voyages/month/port, they are liable to a charge equal to 60% of that specified in Clause 1 of this Article.

2.5.3. For ships of between 1,500 GT and under 50,000 GT, entering and leaving ports at the minimum frequency of four voyages/month/port, they are liable to a charge equal to 50% of that specified in Clause 1 of this Article.

2.5.4. For ships of 50,000 GT or over, entering and leaving ports, they are liable to a charge equal to 40% of that specified in Clause 1 of this Article.

2.6. Ships that transship oil in Van Phong bay, Khanh Hoa, are liable to a charge equal to 20% of that specified in Clause 1 of this Article.

2.7. Ships liable to different charge rates upon each entering or leaving enjoy the lowest charge rate.

3. In the following cases, tonnage charge shall not be collected:

3.1. Ships entering or leaving ports for storm sheltering or emergency medical treatment, without loading and loading cargoes or embarking or disembarking passengers;

3.2. Motor boats carrying passengers from mother ships anchored in lagoon or bay to shore or vice versa;

3.3. Lighters of LASH ships operating in the ports of destination of their mother ships;

3.4. Ships in transit to Cambodia.

Article 6. Maritime assurance fees

1. Maritime assurance fee rates:

Ships entering and leaving seaports or ports in exclusive service of oil and gas activities and in transit to Cambodia are liable to a maritime assurance fees as follows:

2. Principles for fees collection:

2.1. Ships entering and leaving many seaports within the same navigable zone are liable to a maritime safety assurance fee once at the rate specified in Clause 1 of this Article.

2.2. Ships entering or leaving ports within the same maritime zone for more than 3 voyages in a month, are liable to, from the 4th voyage on in the same month, a fee equal to 80% of that specified in Clause 1 of this Article.

2.3. Organizations and individuals having ships entering or leaving ports within the same navigable zone for more than 8 voyages in a month, shall, from the 9th voyage on in the same month, pay a fee equal to 80% of that specified in Clause 1 of this Article.

2.4. Ships arriving at permitted maritime positions for replenishing fuel, food provisions, fresh water, changing crew members or medical emergency treatment, are liable to a fee equal to 50% of that specified in Clause 1 of this Article.

2.5. Organizations and individuals that have passenger ships entering and leaving ports shall pay a maritime safety assurance fee as follows:

2.5.1. For ships of under 300 GT, entering and leaving ports at the minimum frequency of 10 voyages/month/port, they are liable to a fee equal to 70% of that specified in Clause 1 of this Article.

2.5.2. For ships of between 300 GT and under 1,500 GT, entering and leaving ports at the minimum frequency of 7 voyages/month/port, they are liable to a fee equal to 60% of that specified in Clause 1 of this Article.

2.5.3. For ships of between 1,500 GT and under 50,000 GT, entering and leaving ports at the minimum frequency of 4 voyages/month/port, they are liable to a fee equal to 50% of that specified in Clause 1 of this Article.

2.5.4. For ships of 50,000 GT or over, entering and leaving ports, they are liable to a fee of 30% of that specified in Clause 1 of this Article.

2.6. Ships that transship oil in Van Phong bay, Khanh Hoa, are liable to a fee equal to 20% of the fee specified in Clause 1 of this Article.

2.7. Ships liable to different fee rates upon each entering or leaving enjoy the lowest fee rate.

3. In the following case, maritime safety assurance fee shall not be collected:

Motor boats carrying passengers from mother ships anchored in permitted navigable zone to port or vice versa.

Article 7. Pilotage charges

1. Pilotage charge rates:

1.1. Ships entering and leaving seaports under the pilotage of a pilot are liable to a pilotage charge as follows:

The minimum charge payable per time of pilotage is USD 200.

1.2. For a number of routes, the following pilotage charge rates will apply as follows:

1.3. Ships entering, leaving or moving within a port division for crude oil export or moving between port divisions under the pilotage of a pilot are liable to a pilotage charge as follows:

1.3.1. Arrival: USD 0.024/GT

1.3.2. Departure: USD 0.024/GT

1.4. Ship of under 200 GT (including fishing ships) are liable to a pilotage charge at the rate of USD 40/ship/time.

1.5. For each movement within a port under the pilotage of a pilot, the charge rate is as follows:

1.5.1. USD 0.015/GT/movement in a distance of pilotage of under 5 nautical miles, with the payable minimum charge of USD 100/ship/ movement.

1.5.2. The charge specified at Point 1.1 of this Article, for a distance of pilotage of 5 nautical miles or more.

2. Principles for charge collection:

2.1. Ship owners shall request pilotage at 6-hour notice, or 24-hour notice for port divisions for crude oil export. Should there be any schedule change or cancellation of request for pilotage, it must be notified to pilots 3 hours in advance, or 8 hours for port divisions for crude oil export; past that time limit, ship owners shall pay for the detention time at the level of USD 10/pilot-hour the method of counting the detention time is as follows:

2.1.1. Pilots having not yet left the starting base: One hour of waiting shall be counted.

2.1.2. For pilots having already left the starting base: The waiting time shall be counted from the time the pilot leaves the starting base to the time he/she returns thereto.

2.1.3. The pilot’s waiting time at the pilot station must not exceed 4 hours. Beyond that duration, the request for pilotage is considered canceled; if the pilot has been on board but the ship owner cancels his/her request, a pilotage charge shall be paid according to the channel for which pilotage was required and at the rate specified in Clause 1 of this Article.

2.1.4. For pilots who have completed their work and are retained by shipmasters, additional charges shall be paid according to the time of retention.

2.2. For ships running for machinery and equipment testing or compass adjustment, they are liable to a charge equal to 110% of that specified in Clause 1 of this Article.

2.3. For ships that cannot operate due to technical breakdowns, they are liable to a charge equal to 150% of that specified in Clause 1 of this Article, for the actual distance covered.

2.4. For ships requesting pilotage without advance notice (other than the above-said cases), they are liable to a charge equal to 110% of that specified in Clause 1 of this Article.

2.5. In case the pilot has arrived at the pilot position but the ship cannot operate due to force majeure circumstances (as certified by port authorities), pilotage charge shall not be collected.

2.6. For ships which do not navigate straight to the port of destination and anchor en route (except for routes along which nighttime navigation is not permitted), ship owners shall have to pay extra expenses for facilities used for reception and discharge of pilots. The expense level must not exceed USD 30/ship/time.

2.7. If a ship has punctually arrived at the pilot station at the time duly informed by the ship owner and accepted by port authorities and the pilot, but the pilot has not been there and causing the ship to wait, such pilot shall pay to the ship 100 USD/waiting hour for the actual waiting time.

2.8. Ships entering or leaving ports within the same navigable zone for more than 3 voyages in a month, are liable to, from the 4th voyage on in the same month, a charge equal to 80% of that specified in Clause 1 of this Article, but not lower than the minimum charge.

2.9. Organizations or individuals having ships entering or leaving ports within the same navigable zone for more than 8 voyages in a month, shall, from the 9th voyage on in the same month, pay a charge equal to 80% of that specified in Clause 1 of this Article, but not lower than the minimum charge.

2.10. Organizations and individuals that have passenger ships entering and leaving ports at the minimum frequency of 4 voyages/month/port shall pay a pilotage charge equal to 50% of that specified in Clause 1 of this Article, but not lower than the minimum charge.

2.11. Organizations and individuals that have passenger ships of 50,000 GT or more, shall pay a pilotage charge equal to 40% of that specified in Clause 1 of this Article, but not lower than the minimum charge.

2.12. Ships that transship oil in Van Phong bay, Khanh Hoa, are liable to a charge equal to 20% of that specified in Clause 1 of this Article, but not lower than the minimum charge.

2.13. In case a ship has to move between piers within a seaport at the request of the seaport’s director, for which the pilotage charge shall be incurred by the port authorities, such pilotage charge shall be paid as for pilotage within a port of ships operating between Vietnamese seaports.

Article 8. Charges for anchoring and mooring at quay or roadstead

1. For ships:

1.1 Ships anchoring and mooring at quay or roadstead are liable to a mooring charge as follows:

1.1.1. For the first 30 days, the applicable charge rate is USD 0.0005/GT-hour

1.1.2. For the 31st day on, the applicable charge rate is USD 0.0003/GT-hour

1.2. Ships anchoring and mooring at crude oil export port divisions (wharfless oil pumping stations), the mooring charge is as follows:

1.2.1. For the first 30 days, the applicable charge rate is USD 0.0003/GT-hour

1.2.2. For the 31st day on, the applicable charge rate is USD 0.0002/GT-hour

1.3. For ships taking two or more berths within a port area managed by one port authority, the payable charge is the total of charges payables for the actual time of anchoring or mooring and the rate at each berth.

1.4. Organizations and individuals that have passenger ships entering and leaving ports at the minimum frequency of 4 voyages/month/port shall pay a charge equal to 50% of that specified at Point 1.1 of this Article.

1.5. Organizations and individuals that have passenger ships of 50,000 GT or more, shall pay a charge equal to 40% of that specified at Point 1.1 of this Article.

1.6. Ships that transship oil at Van Phong bay, Khanh Hoa, are liable to a charge equal to 20% of that specified at Point 1.1 of this Article.

1.7. Mooring charge shall not be collected for ships awaiting high tide in port waters before calling at Vietnamese ports.

1.8. Mooring charge shall not be collected for ships awaiting daytime in port waters under orders of port authorities according to regulations on restricted nighttime navigation.

2. For cargoes:

2.1. Cargoes transshipped at quay or roadstead for transportation to other ports in another navigable zone are liable to charges for mooring at quay or roadstead (those transshipped at quay or roadstead for handling at pier in the same navigable zone are not be liable to this charge) as follows:

2.1.1. Ordinary cargoes: USD 0.07/ton

2.1.2. Refrigeration cars, caterpillars, excavators, road rollers, fork-lift trucks and cranes: USD 2/unit.

2.1.3. Cars of 15 seats or under, trucks of 2.5 tons or under: USD 0.7/unit.

2.1.4. Cars other than the above-said types: USD 1.3/unit.

2.2. Cargoes imported into Vietnam in Van Phong bay are liable to a charge for mooring at quay or roadstead equal to 20% of that specified at Point 2.1 of this Article.

Cargoes transshipped (temporarily imported for re-export) in Van Phong bay are not liable to charge for mooring at quay or roadstead.

Article 9. Charges for use of piers and mooring buoys in seaport areas

1. For ships:

1.1 Ships berthing at pier or buoy are liable to a charge as follows:

1.1.1. Berthing at pier: USD 0.0031/GT-hour

1.1.2. Berthing at buoy: USD 0.0013/GT-hour

For ships taking two or more berths within a port, the payable charge is the total of charges payable for the actual time of staying and the rate at each berth.

1.2. Organizations and individuals that have passenger ships entering and leaving ports at the minimum frequency of 4 voyages/month/port shall pay a charge equal to 50% of that specified at Point 1.1 of this Article.

1.3. Organizations and individuals that have passenger ships entering and leaving ports, which are of 50,000 GT or more, shall pay a charge equal to 40% of that specified at Point 1.1 of this Article.

1.4. If a ship which has been ordered to leave the port, still occupies a berth at pier or buoy, it is liable to a charge at the following rates:

1.4.1. At pier: USD 0.006/GT-hour

1.4.2. At buoy: USD 0.002/GT-hour

1.5. Ships drawing alongside other ships at pier are liable to a charge at the rate of USD 0.0015/GT-hour.

1.6. If a ship has to stop the cargo handling due to bad weather for more than one day (24 hours in a row) or has to give up its berth to another ship under the order of the port authority, the charge is exempt for the period of time when cargoes cannot be handled.

1.7. Ships directly berthing at pier in ports exclusively used for petroleum activities with handling cargoes or replenishing fuel and water are liable to charges at the rate of USD 0.3/m-hour, and the minimum rate for each berth at pier is USD 90/ship.

1.8. Ships directly berthing at pier in ports exclusively used for oil and gas activities without handling cargoes or replenishing fuel and water are liable to a charge at the rate of USD 0.35/m-hour, and the minimum rate for each berth at pier is USD 100/ship.

1.9. Ships drawing alongside other ships berthing at pier in ports exclusively used for oil and gas activities are liable to a charge at the rate of USD 0.08/m-hour, and the minimum rate for each berth is USD 25/ship.

2. For cargoes:

Cargoes (including containers) carried at pier or buoy are liable to a charge at the following rates:

2.1 Handling cargoes at pier:

2.1.1. For cargoes: USD 0.18/ton.

2.1.2. For 20-feet containers: USD 1.6/container

2.1.3. For 40-feet containers: USD 3.2/container

2.1.4. For over 40-feet containers: USD 4.0/container

2.2. Handling cargoes at buoy: USD 0.09/ton.

2.3. Means of transport:

2.3.1. Refrigeration cars, caterpillars, excavators, road rollers, fork-lift trucks and cranes: USD 2.7/unit.

2.3.2. Cars of 15 seats or under, trucks of 2.5 tons or under: USD 0.9/unit.

2.3.3. Automobiles other than the above-said types: USD 1.8/unit.

2.4. Liquid cargoes (liquefied gas, petrol and oil, liquid asphalt,...), which are discharged at pier, shall be charged at the rate of USD 0.9/ton.

2.5. Cargoes transported through ports in exclusive service of oil and gas activities shall be charged at the rate of USD 0.9/ton.

3. For passengers:

3.1. Passengers passing through (departing or arriving) pier or wharf shall pay a charge at the following rates:

3.1.1. Entry: USD 1/person

3.1.2. Departure: USD 1/person

(Under-12 children are exempt from charge).

3.2 In case ships anchoring in permitted areas use other means of waterway transport to carry passengers to shore or islands, the wharfage applicable to passengers is USD 1/person (for both arrival and departure).

Article 10. Clearance fees

1. Ships entering or leaving Vietnamese seaports shall carry out state management procedures according to Vietnamese law and are liable to a clearance fee as follows:

2. Fee for authentication (of sea protests): USD 20/time.

Chapter III

TABLE OF MARITIME CHARGES AND FEES FOR SHIPS EMPLOYED FOR DOMESTIC TRANSPORTATION BETWEEN VIETNAMESE SEAPORTS

Section 1. OBJECTS OF APPLICATION

Article 11. This table of maritime charges and fees is applicable to the following objects:

1. Ships engaged in the transportation of cargoes or passengers, and ships exclusively employed for domestic transportation between Vietnamese seaports, which actually enter, leave, pass, moor or anchor in navigable zones or waters of Vietnamese seaports.

2. Ships operating along transportation routes from shore to island.

3. Ships exclusively employed for petroleum activities and operating between petroleum port division and ports exclusively used for oil and gas activities in the zone under the management of Vung Tau port authority.

4. Ships of armed forces, police, customs, port authorities and ships exclusively used for search and rescue, when operating on duty, are not subject to this Regulation; if engaged in economic activities, they are liable to maritime charges and fee specified in this Table.

Section 2. SPECIFIC PROVISIONS

Article 12. Tonnage charges

1. Tonnage charge rates:

1.1. Ships entering and leaving Vietnamese seaports are liable to a tonnage charge at the following rates:

1.1.1. Entering: VND 250/GT

1.1.2. Leaving: VND 250/GT

1.2. For ships operating along transportation routes from shore to island, each closed cycle of navigation from shore to island and vice versa shall be counted as one voyage and liable to a tonnage charge of 500VND/GT/voyage.

1.3. For ships exclusively employed for oil and gas activities, every closed cycle of navigation from Vung Tau to oil and gas port divisions, ports exclusively used for oil and gas activities and vice versa shall be counted as one voyage and liable to a tonnage charge as follows:

1.3.1. Entering: VND 450/GT

1.3.2. Leaving: VND 450/GT

2. Principles for charge collection:

2.1. Ships entering and leaving many seaports within the same navigable zone are liable to a tonnage charge only once at the rate specified in Clause 1 of this Article.

2.2. Ships entering and leaving ports for replenishing fuel, food provisions, fresh water, changing crew members without loading and unloading cargoes, without embarking or disembarking passengers are liable to a tonnage charge equal to 70% of that specified in Clause 1 of this Article.

2.3. Ships entering or leaving ports within the same navigable zone for more than three voyages in a month, are liable to, from the 4th voyage on in the same month, a charge equal to 60% of that specified in Clause 1 of this Article.

2.4. Organizations or individuals having ships entering and leaving ports in the same navigable zone for more than eight voyages in a month, shall, from the 9th voyage on in the same month, pay a charge equal to 60% of that specified in Clause 1 of this Article.

2.5. Ships berthing at buoy, quay or roadstead throughout the cargo handling period are liable to a charge equal to 50% of that specified in Clause 1 of this Article.

2.6. Organizations and individuals that have passenger ships entering and leaving ports shall pay tonnage charges as follows:

2.6.1. Ships of under 500 GT entering and leaving ports at the minimum frequency of 10 voyages/month/port are liable to a charge equal to 70% of that specified in Clause 1 of this Article.

2.6.2. Ships of between 500 GT and under 1,500 GT entering and leaving ports at the minimum frequency of 7 voyages/month/port are liable to a charge equal to 60% of that specified in Clause 1 of this Article.

2.6.3. Ships of 1,500 GT ore more entering and leaving ports at the minimum frequency of 4 voyages/month/port are liable to a charge equal to 50% of that specified in Clause 1 of this Article.

2.7. Ships liable to different charge rates upon each entering and leaving enjoy the lowest charge rate.

3. In the following cases, tonnage charge shall not be collected:

3.1. Ships entering or leaving ports for storm sheltering or emergency medical treatment, without loading and unloading cargoes, without embarking or disembarking passengers.

3.2. Motor boats carrying passengers from mother ships anchored in lagoon or bay to port or vice versa.

3.3. Lighters of Lash ships operating in the ports of destination of their mother ships.

3.4. Ships exclusively employed for fishing and sports sailboats of Vietnam.

Article 13. Maritime safety assurance fees

1. Maritime safety assurance fee rates:

Ships entering and leaving Vietnamese seaports are liable to a maritime safety assurance fee as follows:

1.1. For ships of 2,000 GT or under:

1.1.1. Entering: VND 300/GT

1.1.2. Leaving: VND 300/GT

1.2. For ships of 2,001 GT or more:

1.2.1. Entering: VND 600/GT

1.2.2. Leaving: VND 600/GT

1.3. For ships operating along transportation routes from shore to island, each closed cycle of navigation from shore to island and vice versa shall be counted as one voyage and liable to a fee of VND 550/GT/voyage.

1.4. For ships exclusively employed for oil and gas activities, every closed cycle of navigation from Vung Tau to oil and gas port divisions, ports exclusively used for oil and gas activities and vice versa shall be counted as one voyage and liable to a fee as follows:

1.4.1. Entering: VND 950/GT

1.4.2. Leaving: VND 950/GT

2. Principles for fee collection:

2.1. A ship entering and leaving many seaports within the same navigable zone are liable to a maritime safety assurance fee only once at the rate specified in Clause 1 of this Article.

2.2. Ships entering or leaving ports within the same maritime zone for more than 3 voyages in a month, are liable to, from the 4th voyage on in the same month, a fee equal to 80% of that specified in Clause 1 of this Article.

2.3. Cargo or passenger ships entering or leaving ports within the same navigable zone for more than 8 voyages in a month, are liable to, from the 9th voyage on in the same month, a fee equal to 80% of that specified in Clause 1 of this Article.

2.4. Ships arriving at permitted maritime positions for replenishing fuel, food provisions, fresh water, changing crew members or medical emergency treatment are liable to a fee equal to 50% of that specified in Clause 1 of this Article.

2.5. Organizations and individuals that have passenger ships entering and leaving ports shall pay a fee as follows:

2.6.1. For ships of under 500 GT entering and leaving ports at the minimum frequency of 10 voyages/month/port, they are liable to a fee equal to 70% of that specified in Clause 1 of this Article.

2.6.2. For ships of between 500 GT and under 1,500 GT entering and leaving ports at the minimum frequency of 7 voyages/month/port, they are liable to a fee equal to 60% of that specified in Clause 1 of this Article.

2.6.3. Ships of 1,500 GT ore more entering and leaving ports with the minimum frequency of 4 voyages/month/port are liable to a charge equal to 50% of that specified in Clause 1 of this Article.

2.6. Ships liable to different fee rates upon each entering and leaving shall enjoy the lowest fee rate.

3. In the following cases, maritime safety assurance fee shall not be collected:

3.1. Motor boats carrying passengers from mother ships anchored in permitted navigable zone to port or vice versa.

3.2. River ships (excluding those operating along transportation routes from shore to island under regulations of the Ministry of Transport), including tug boats, push boats, sea-going barges, LASH barges of means of riverway transport.

Article 14. Pilotage charges

1. Pilotage charge rates:

1.1. Ships entering and leaving Vietnamese seaports under the pilotage of a pilot are liable to a pilotage charge as follows:

Entering or leaving ports: VND 25 GT-mile

The minimum charge payable per time of pilotage is VND 500,000

1.2. For ships exclusively employed for oil and gas activities and operating in oil and gas port divisions or ports exclusively used for oil and gas activities under the pilotage of a pilot are liable to a pilotage charge as follows:

Entering or leaving ports: VND 35 GT-mile

The minimum charge payable per time of pilotage is VND 2,000,000

1.3. For a number of routes, the following pilotage charge rates apply:

1.4. Ships entering, leaving or moving within areas of oil and gas rigs under the pilotage of a pilot are liable to a pilotage charge as follows:

1.4.1. Arrival: VND 120/GT

1.4.2. Departure: VND 120/GT

1.5. For each movement within a port under the pilotage of a pilot, the charge rate is as follows:

1.5.1. VND 60/GT in a distance of pilotage of under 5 nautical miles, with the payable minimum charge of VND 300,000/ship/movement.

1.5.2. The fee specified at Point 1.1 of this Article, for a distance of pilotage of 5 nautical miles or more.

2. Principles for charge collection:

2.1. Ship owners shall request pilotage at 6-hour notice. Should there be any schedule change or cancellation of request for pilotage, it must be notified to pilots 3 hours in advance; beyond this time limit, ship owners shall pay for the detention time at the following rates:

2.1.1. Pilots: VND 20,000/pilot-hour

2.1.2. Pilots and ships: VND 200,000/pilot-hour

2.1.3. The waiting time shall be calculated as follows:

a/ The pilot has not yet left the starting base: One hour of waiting shall be counted.

b/ The pilot has already left the starting base: The waiting time shall be counted from the time the pilot leaves the starting base to the time they return thereto.

c/ The pilot’s waiting time at the pilot station must not exceed 4 hours. Beyond that duration, the request for pilotage shall be considered canceled; if the pilot has been on board but the ship owner cancels his/her request, a pilotage charge shall be paid according to the channel for which pilotage was required and at the prescribed rate.

d/ For pilots who have completed their work and are retained by shipmasters, additional charges shall be paid according to the time of retention.

2.2. For ships running for machinery and equipment testing or compass adjustment, they are liable to a charge equal to 110% of that specified in Clause 1 of this Article.

2.3. For ships which cannot operate due to technical breakdowns, they are liable to a charge equal to 150% of that specified in Clause 1 of this Article.

2.4. Organizations and individuals that have passenger ships entering and leaving ports at the minimum frequency of 4 voyages/month/port shall pay a pilotage charge equal to that specified in Clause 1 of this Article, but not lower than the minimum level.

2.5. For ships which do not navigate straight to the ports of destination and anchor en route (except for routes along which nighttime navigation is not permitted), ship owners shall extra expenses for facilities used for reception and discharge of pilots. The expense for such facilities must not exceed VND 300,000/ship/time.

2.6. In case a ship has punctually arrived at the pilot station at the time duly informed by the ship owner and accepted by port authorities and the pilot, but the pilot has not been there and causing the ship to wait, such pilot shall pay to the ship owner VND 250,000/waiting hour for the actual waiting time.

2.7. In case the pilot has arrived at the pilot station but the ship cannot operate due to force majeure circumstances (as certified by port authorities), pilotage charge shall not be collected.

Article 15. Charges for anchoring and mooring at quay or roadstead

1. Ships anchoring and mooring at quay or roadstead are liable to a mooring charge at the rate of VND 5/GT-hour

2. Organizations and individuals that have passenger ships entering and leaving a port with the minimum frequency of 4 voyages/month/port shall pay a charge equal to 50% of that specified in Clause 1 of this Article.

3. Mooring charge shall not be collected for ships awaiting daytime in port waters under orders of port authorities according to regulations on restricted nighttime navigation.

Article 16. Charges for use of piers and mooring buoys in seaport areas

1. Ships berthing at pier or buoy are liable to a charge as follows:

1.1. Berthing at pier: VND 15/GT-hour

1.2. Berthing at buoy: VND 10/GT-hour

2. Organizations and individuals that have passenger ships entering and leaving ports at the minimum frequency of 4 voyages/month/port shall pay a charge equal to 50% of that specified in Clause 1 of this Article.

Article 17. Clearance fees

1. Ships entering or leaving Vietnamese seaports shall carry out state management procedures as provided for by Vietnamese law and are liable to a clearance fee as follows:

2. Fee for authentication (of sea protests): VND 100,000/time.