Circular No. 12/2024/TT-BGTVT on the mechanism and policies for managing service prices at Vietnamese seaports

CIRCULAR

Regulations on mechanisms and policies for managing service prices
at Vietnamese seaports

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   Pursuant to the Vietnam Maritime Code dated November 25, 2015;

   Pursuant to the Price Law dated June 19, 2023;

   Pursuant to Decree No. 56/2022/NĐ-CP dated August 24, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

   At the proposal of the Director of the Transport Department and the Director of the Vietnam Maritime Administration;

   The Minister of Transport issues this Circular stipulating mechanisms and policies for managing service prices at Vietnamese seaports.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. Applicability: This Circular applies to organizations and individuals in Vietnam and foreign organizations and individuals related to the provision and use of services at Vietnamese seaports.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. Special-purpose vessels for oil and gas operations are vessels serving exploration, exploitation of oil and gas or performing activities related to oil and gas services.

2. Towage vessel is a vessel designed, inspected, and registered to operate towing and support services for ships entering, leaving, or mooring at wharves, berths, or mooring buoys.

3. Export goods are goods with the place of dispatch (origin) in Vietnam and the place of receipt (destination) abroad.

4. Import goods are goods with the place of dispatch (origin) abroad and the place of receipt (destination) in Vietnam.

5. Transshipment goods are goods transported from abroad to Vietnamese seaports and stored in the transshipment area of the seaport for a certain period before being loaded onto other vessels for transportation out of Vietnam.

6. Through goods are goods with the place of dispatch (origin) and the place of receipt (destination) outside the territory of Vietnam, passing through Vietnamese seaports directly or being transshipped through Vietnamese seaports or warehoused for onward transportation.

7. A ship lead is the continuous piloting of a ship from the boarding point to the disembarkation point according to regulations.

8. One voyage is counted when a vessel enters the maritime zone once and leaves the maritime zone once.

Article 3. Objects subject to pricing of seaport services

1. Objects subject to pricing of seaport services for international maritime activities, including:

a) Ships entering, exiting, or transiting through, departing from, or mooring in the maritime zone; foreign ships operating in Vietnamese waters but not within seaport waters;

b) Ships transporting export, import, transit, or through goods operating in the maritime zone;

c) Ships transporting passengers from Vietnam to abroad or from abroad to Vietnam; special-purpose ships operating on international routes entering, exiting, transiting through, or mooring in the maritime zone;

d) Export, import, through, or transit goods being loaded/unloaded, received/delivered, stored, or moored in the maritime zone;

đ) Passengers of passenger ships arriving in Vietnam from abroad (or vice versa) by sea or inland waterways entering or leaving the maritime zone.

2. Objects subject to pricing of seaport services for domestic maritime activities, including:

a) Ships engaged in domestic maritime activities entering, exiting, transiting through, or mooring in the maritime zone;

b) Ships transporting goods or passengers engaged in domestic maritime activities entering, exiting, transiting through, or mooring in the maritime zone;

c) Ships operating on inland waterway transport routes from the mainland to islands;

d) Domestic goods being loaded/unloaded, received/delivered, stored, or moored in the maritime zone;

đ) Special-purpose vessels for oil and gas operations operating at offshore oil and gas ports or dedicated oil and gas ports within the jurisdiction of the maritime port authority.

3. Public service vessels are not subject to pricing under the provisions of this Circular.

4. Vessels entering or leaving the port to avoid storms or to hand over persons in distress at sea without loading or unloading cargo or receiving or disembarking passengers, with confirmation from the maritime port authority in the area; vessels participating in search and rescue operations, flood prevention, and disaster relief according to dispatch orders or with the approval of competent state authorities are not subject to pilotage service prices and wharf, berth, and mooring buoy service prices.

Article 4. Method for Determining the Price of Services at Seaports

Based on current laws governing the management of service prices at seaports, service quality, and market conditions, enterprises providing services at seaports shall determine specific prices that do not exceed the maximum price for pilotage services or fall within the price range for using wharves, berths, and mooring buoys; container handling services; tugboat services at seaports as decided by the Minister of Transport.

Article 5. Currency for Pricing Services at Seaports

1. The currency for pricing services is Vietnamese Dong or US Dollar for pilotage services, services using wharves, berths, and mooring buoys, container handling services, and tugboat services provided to international maritime vessels.

2. The currency for pricing services is Vietnamese Dong for pilotage services, services using wharves, berths, and mooring buoys, container handling services, and tugboat services provided to domestic maritime vessels.

3. In cases where the currency is converted from US Dollar to Vietnamese Dong, it shall be carried out in accordance with the provisions of the law.

Article 6. Units of Measurement and Rounding Methods

1. Unit of measurement for gross tonnage: Gross tonnage (GT) is one of the basic units for calculating service prices at seaports. For vessels without recorded gross tonnage, the conversion method with the highest gross tonnage shall be selected as follows:

a) Seagoing vessels and self-propelled inland waterway vessels: 1.5 tons of deadweight tonnage is equivalent to 01 GT;

b) Barges: 1 ton of total deadweight capacity equals 1 GT;

c) Tugboats, push boats, passenger ships (including hydrofoils), and floating cranes: 1 horsepower (HP, CV) equals 0.5 GT; 1 kilowatt (KW) equals 0.7 GT; 1 ton of lifting capacity of a crane installed on a vessel equals 6 GT;

d) Passenger vessels without recorded engine power: 1 seat reserved for passengers equals 0.67 GT; 1 berth equals 4 GT;

đ) In the case of tugboat groups, pushboat groups, or alongside docking groups: calculated based on the total gross tonnage of the entire group, including barges, tugs, or pushers.

2. Unit of measurement for engine power: the main engine power of vessels is measured in HP, CV, or KW; fractions less than 1 HP, 1 CV, or 1 KW are rounded up to 1 HP, 1 CV, or 1 KW respectively.

3. Unit of time:

a) For units of time measured in days: 1 day equals 24 hours; fractional parts of a day up to 12 hours are counted as half a day, more than 12 hours are counted as 1 day;

b) For units of time measured in hours: 1 hour equals 60 minutes; fractional parts up to 30 minutes are counted as half an hour, more than 30 minutes are counted as 1 hour.

4. Unit of measurement for cargo volume (including packaging) is tons or cubic meters (m³); fractions less than 0.5 tons or 0.5 m³ are not counted, from 0.5 tons or 0.5 m³ upwards are counted as 1 ton or 1 m³. In a single bill of lading, the minimum volume for pricing is 1 ton or 1 m³. For goods where each ton occupies 2 m³ or more, every 2 m³ is counted as 1 ton.

5. Unit of distance for pricing maritime pilotage services is nautical miles (NM); fractions less than 1 NM are counted as 1 NM.

6. Unit of measurement for pricing services using wharves, berths, and mooring buoys for vessels is meters (m) of wharf, berth, or mooring buoy; fractions less than 1 m are counted as 1 m.

Article 7. Division of Areas

The pricing area for container handling services and towing services is divided into three areas as follows:

1. Area I: includes seaports north of the 20th parallel and seaports from Quang Ninh to Nam Dinh.

2. Zone II: includes seaports from latitude 11.5 degrees north to below latitude 20 degrees and seaports: Thanh Hoa, Nghe An, Ha Tinh, Quang Binh, Quang Tri, Thua Thien Hue, Da Nang, Quang Nam, Quang Ngai, Binh Dinh, Phu Yen, Khanh Hoa, Ninh Thuan, Binh Thuan.

3. Zone III: includes seaports south of latitude 11.5 degrees and seaports: Ho Chi Minh City, Ba Ria-Vung Tau, Dong Nai, Binh Duong, Tien Giang, Ben Tre, Dong Thap, Can Tho, An Giang, Vinh Long, Ca Mau, Kien Giang, Long An, Soc Trang, Tra Vinh.

Chapter II

SEAPORT SERVICE PRICES

Article 8. Price of Marine Pilotage Services

1. Gross Tonnage (GT) is one of the basic units for calculating the price of marine pilotage services, wherein:

a) For vessels carrying liquid cargo: total volume is calculated as 85% of the largest Gross Tonnage (GT) recorded in the certificate issued by the inspection agency for the vessel, regardless of whether the vessel has ballast tanks or not;

b) For passenger vessels: the total volume is calculated at 50% of the largest GT recorded in the certificate issued by the inspection authority for the vessel.

2. When requesting pilotage services, the person requesting the pilot must notify the pilot organization at least six hours before the requested time; for offshore oil ports, notification must be made at least twenty-four hours before the requested time. In case of changing the requested time for pilotage or canceling the request, the person requesting the pilot must inform the pilot organization at least three hours before the previously scheduled time; for offshore oil ports, it is eight hours.

3. If the pilot completes the vessel's guidance and the captain retains the pilot on board, additional waiting fees will be charged based on the actual retention time.

4. If the pilot has boarded the vessel but the person requesting the pilot cancels the request, the person requesting the pilot must pay eighty percent of the service fee for the distance already covered by the pilot prior to cancellation.

5. Vessels with a voyage to test machinery and equipment, calibrate compasses shall be charged at 110% of the maximum price according to the decision of the Minister of Transport.

6. Vessels unable to operate due to technical issues and requiring tug assistance shall be charged at 150% of the maximum price according to the decision of the Minister of Transport.

7. Vessels requesting emergency pilotage shall be charged at 110% of the maximum price according to the decision of the Minister of Transport.

8. Vessels required to move between piers within the port area according to the request of the port director shall be charged according to the price of intra-port pilotage service.

9. Vessels operating in the maritime area to refuel, obtain food, fresh water, change crew, repair, dismantle, or test run after repair or construction without loading or unloading cargo or embarking or disembarking passengers shall be charged seventy percent of the maximum price as decided by the Minister of Transport.

Article 9. Price of Using Berths, Piers, Mooring Buoys

1. For vessels moored at multiple locations within the waters of a seaport, the price for using wharves, berths, and mooring buoys is calculated based on the actual time spent moored at each location.

2. In cases where vessels cannot load or unload due to weather conditions for more than one day (twenty-four consecutive hours) or must yield berths to other vessels according to the order of the Port Director, the price for using wharves, berths, and mooring buoys will not be charged during the downtime.

3. Gross Tonnage (GT) is one of the basic units for calculating the price of using berths, piers, and mooring buoys, wherein:

a) For vessels carrying liquid cargo: total volume is calculated as 85% of the largest Gross Tonnage (GT) recorded in the certificate issued by the inspection agency for the vessel, regardless of whether the vessel has ballast tanks or not;

b) For passenger vessels: the total volume is calculated at 100% of the largest GT recorded in the certificate issued by the inspection authority for the vessel.

Article 10. Price of Container Handling Services

1. Container handling service prices for oversized, overweight containers, dangerous goods containers, or containers requiring special handling, stacking, and storage resulting in additional costs shall not exceed 150% of the price range as decided by the Minister of Transport. In cases where seaport enterprises need to arrange specialized equipment to assist in cargo handling, the service price for such equipment shall be agreed upon by both parties.

2. Services between barges and trucks or railcars at the wharf can only be carried out when the goods comply with customs supervision, weight checking, and other regulations before loading or unloading onto vessels.

3. For new container routes at seaports in Zone II and the Mekong Delta region, seaport enterprises may apply a price range for container handling services at eighty percent of the price range as decided by the Minister of Transport for a period of three years from the date of officially launching the new route.

1. Calculation Method for Tugboat Service Prices

a) The actual towing time shall be calculated from the moment the tugboat begins to provide assistance in towing, pushing, or guiding the vessel being towed until the end of such assistance according to the requirements of the master of the vessel being towed and the marine pilot guiding the vessel. In cases where the actual towing time is less than one hour, it may be rounded up to one hour. The actual towing time for calculating the maximum service price is two hours. For towing times exceeding two hours, confirmation by the master or the marine pilot guiding the vessel is required, and the towing fee shall only be calculated at 10% of the hourly rate framework set by the Minister of Transport for the entire time exceeding two hours;

b) In cases where the number and power of the tugboats provided exceed the minimum level specified in the port regulations of the maritime port authority region, the tugboat service provider shall base the service price on the minimum number and power of tugboats stipulated in the port regulations of the region and the price framework decided by the Minister of Transport;

c) In cases where the number and power of the tugboats provided exceed the minimum level specified in the port regulations of the maritime port authority region upon request of the maritime port authority, marine pilot, master, or shipping company, the tugboat service provider shall base the service price on the actual number and power of the tugboats and the price framework decided by the Minister of Transport;

d) In cases where the tugboat service does not meet the needs of vessels entering the port area, the tugboat service user has the right to enter into a contract to hire tugboats from another area;

d) In cases where the tugboat service does not meet the needs of vessels entering the port area, the tugboat service provider must dispatch tugboats from other areas to the towing location, with the price agreed upon by both parties but not exceeding 70% of the price framework decided by the Minister of Transport and based on the actual dispatching time;

e) In cases where the tugboat service provider cannot meet the required power as stipulated in the port regulations and must use two or more tugboats, the service price for towing vessels shall be calculated based on the price framework decided by the Minister of Transport corresponding to the minimum power of the tugboats as prescribed by the port regulations;

2. For specialized azimuth tugboats or VSP (Voith Schneider Propeller) tugboats, the maximum price range shall be 150% of the price range set forth in the decision of the Minister of Transport.

3. In cases where the tugboat arrives at the designated position to meet the vessel to be towed at the requested time by the owner of the vessel to be towed and approved by the maritime port authority, but the vessel to be towed has not arrived causing the tugboat to wait, the party hiring the towing service must pay additional waiting fees equal to 50% of the price framework decided by the Minister of Transport and based on the actual waiting time;

4. In cases where the tugboat arrives at the designated position to meet the vessel to be towed at the requested time by the party hiring the towing service and approved by the maritime port authority, but the vessel to be towed is not ready for dispatch, requiring the tugboat to return to its departure point or switch to another activity, the party hiring the towing service must pay 50% of the price framework decided by the Minister of Transport and based on the actual dispatching time;

Chapter III

IMPLEMENTATION

Article 12. Effective Date

1. This Circular takes effect from July 1, 2024.

2. Repeal Circular No. 39/2023/TT-BGTVT dated December 25, 2023 issued by the Minister of Transport regarding the price framework for pilotage services and the use of bridges, berths, mooring buoys, container handling services, and towing services at Vietnamese seaports;

Article 13. Responsibility for Implementation

2. The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, Directors of the Vietnam Maritime Administration, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.