Circular No. 138/2016/TT-BTC on the amount of fees, collection and payment procedures for permits to go ashore for foreign seafarers, permits to board foreign vessels, permits for persons operating Vietnamese vessels alongside foreign vessels, and permits for Vietnamese and foreign persons engaged in journalism, scientific research, and tourism related to foreign vessels

CIRCULAR

Regulations on the amount of fees, collection procedures, and payment for issuing shore leave permits for foreign seafarers, permits to board foreign vessels, permits for persons operating Vietnamese vessels alongside foreign vessels, and permits for Vietnamese and foreign nationals to conduct press activities, scientific research, and tourism related to foreign vessels and ships

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Pursuant to the Law on Fees and Charges No. 97/2015/QH13 dated November 25, 2015;

Pursuant to the State Budget Law No. 83/2015/QH13 dated June 25, 2015;

Pursuant to the Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government detailing and guiding the implementation of certain articles of the Law on Fees and Stamp Duties;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 50/2008/NĐ-CP dated April 21, 2008 of the Government on management and security at sea ports;

At the proposal of the Director of the Policy Department;

The Minister of Finance hereby promulgates this Circular stipulating the amount of fees, collection procedures, and payment for issuing shore leave permits for foreign seafarers, permits to board foreign vessels, permits for persons operating Vietnamese vessels alongside foreign vessels, and permits for Vietnamese and foreign nationals to conduct press activities, scientific research, and tourism related to foreign vessels and ships as follows:

Article 1. Subjects paying fees and collecting agencies

1. Subjects paying fees

Persons applying for the following permits must pay fees according to the provisions of this Circular.

a) Shore leave permit for foreign seafarers

- Foreign seafarers working on foreign vessels during their stay at Vietnamese sea ports who go ashore within the hours from 7:00 to 24:00 within the province or centrally administered city where the port is located.

- Foreign seafarers working on foreign vessels during their stay at Vietnamese sea ports who go ashore overnight within the province or centrally administered city where the port is located.

b) Permit to board foreign vessels: Vietnamese citizens (except staff of specialized state management agencies at sea ports performing their duties) and foreigners (except crew members and passengers aboard the vessel) boarding foreign vessels moored at Vietnamese sea ports for work purposes.

c) Permit for persons operating Vietnamese vessels alongside foreign vessels moored at Vietnamese sea ports.

d) Permit for Vietnamese and foreign nationals to conduct press activities, scientific research, and tourism related to foreign vessels.

2. Collecting agencies

The Border Guard Command of Sea Ports, the Border Guard Post of Sea Ports under the Border Guard Force Command of the Ministry of National Defense; and the units responsible for immigration control under the Ministry of Public Security shall be responsible for organizing the collection, payment, and management of fees when issuing shore leave permits for foreign seafarers, permits to board foreign vessels, permits for persons operating Vietnamese vessels alongside foreign vessels, and permits for Vietnamese and foreign nationals to conduct press activities, scientific research, and tourism related to foreign vessels according to the provisions of this Circular.

Article 2. Cases exempted from paying fees

1. Seafarers of foreign military vessels visiting Vietnam going ashore within the province or centrally administered city where the vessel is moored; staying overnight onshore.

2. Diplomatic and consular officials of diplomatic missions and consulates in Vietnam boarding vessels to perform their functions; staff of diplomatic missions and consulates of countries with military vessels visiting Vietnam; foreigners invited by the captain or diplomatic missions and consulates of countries with military vessels moored at the port.

3. Staff of agencies and units under ministries and sectors of Vietnam, local authorities where foreign vessels are moored, boarding foreign vessels for work or exchange visits upon invitation by the captain or according to the vessel's program at Vietnamese sea ports.

4. Vietnamese and foreign nationals boarding foreign vessels to carry out activities related to humanitarian assistance or aid to organizations and individuals in Vietnam.

For cases exempted from paying fees, the fee collection agency must stamp "Exempted from Fee Payment" (GRATIS) on the issued documents.

Article 3. Level of Collection of Fees

1. Fee for issuing shore leave permits for foreign seafarers

- Foreign seafarers working on foreign vessels during their stay at Vietnamese sea ports who go ashore within the hours from 7:00 to 24:00 within the province or centrally administered city where the port is located: 03 USD/Permit.

- Foreign seafarers working on foreign vessels during their stay at Vietnamese sea ports who go ashore overnight within the province or centrally administered city where the port is located: 05 USD/Permit.

2. Fee for issuing permits to board foreign vessels for Vietnamese and foreign nationals to work (valid for three months or twelve months): 30,000 VND/Permit (1.5 USD/Permit).

3. Fee for issuing permits for persons operating Vietnamese vessels alongside foreign vessels: 20,000 VND/Permit.

4. Fee for issuing permits for persons conducting press activities, scientific research, and tourism related to foreign vessels (valid once) for Vietnamese and foreign nationals:

- Persons aged 16 years and above: 20,000 VND/Permit (1 USD/Permit);

- Persons under 16 years old: 10,000 VND/Permit (0.5 USD/Permit);

Article 4. Organization of collection, submission and management

1. The fee for issuing shore access permits (going ashore) for foreign seafarers, permits to board foreign vessels, permits for Vietnamese personnel to alongside foreign vessels, and permits for Vietnamese and foreign individuals to conduct press activities, scientific research, and tourism related to foreign vessels is a revenue item belonging to the state budget.

2. The fee collection agency shall submit 100% (one hundred percent) of the total amount of fees collected into the state budget according to the current State Budget Revenue Classification. The costs for fee collection shall be covered from the state budget within the budget estimate of the collection agency in accordance with the state budget expenditure regulations as stipulated by law.

3. The fee collection agency shall declare, submit fees monthly, and settle annual fees in accordance with the legal provisions on tax administration.

Article 5. Implementation

1. This Circular takes effect from January 1, 2017. It replaces Circular No. 164/2012/TT-BTC dated October 9, 2012, issued by the Ministry of Finance, guiding the system of collection, submission, and management of fees for issuing shore access permits for foreign seafarers, permits to board foreign vessels, permits for Vietnamese personnel to alongside foreign vessels, and permits for Vietnamese and foreign individuals to conduct press activities, scientific research, and tourism related to foreign vessels.

2. Matters concerning declaration, collection, and submission of fees not addressed in this Circular shall be implemented in accordance with Decree No. 120/2016/NĐ-CP dated August 23, 2016, issued by the Government detailing and guiding the implementation of certain provisions of the Law on Fees and Charges; Circular No. 156/2013/TT-BTC dated November 6, 2013, issued by the Ministry of Finance guiding the implementation of certain provisions of the Law on Tax Administration; the Law Amending and Supplementing Certain Provisions of the Law on Tax Administration; Decree No. 83/2013/NĐ-CP dated July 22, 2013, issued by the Government; and Circular No. 153/2012/TT-BTC dated September 17, 2012, issued by the Ministry of Finance guiding the printing, issuance, management, and use of various types of receipts for fees and charges belonging to the state budget, and any subsequent amendments and supplements (if any).

3. Organizations and individuals subject to payment of fees and relevant agencies are responsible for implementing this Circular. In the course of implementation, if there are any difficulties, organizations and individuals are requested to promptly report to the Ministry of Finance for consideration and guidance./.