Decree No. 146/2016/ND-CP on the display of prices for containerized cargo transportation services by sea, additional charges outside the price, and port service fees.

DECREE

REGULATION đÐịnh việc niêm yết giáJune 2024;, phụ thu ngoài giá dịch vụ vận chuyểndevelopmentlabeling công-te-nơ bằnglogođường biển, giá dịch vụ tại cảng biểndevelopmentÐây là giá dịch vụ tại cảng biển

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 Pursuant to the Law on Government Organization dated June 19, 2015;

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

Pursuant to the Price Law dated June 20, 2012;

At the proposal of the Minister of Transport;

Government issues the Decree on đÐịnh việc niêm yết giáJune 2024;, phụ thu ngoài giá dịch vụ vận chuyểndevelopmentniêm yết giá dịch vụ vận chuyển hàng hóa công-te-nơ bằng đường biển, giá dịch vụ tại cảng biển.logođường biển, giá dịch vụ tại cảng biểndevelopmentThis Decree regulates the public display of prices for container shipping services by sea, surcharges outside the price of container shipping services by sea, and port service prices.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree applies to organizations and individuals in Vietnam and foreign organizations and individuals related to the public display of prices for container shipping services by sea, surcharges outside the price of container shipping services by sea, and port service prices.

Article 2. Applicability

Article 3. Currency for Public Display

1. The currency for public display of the price of container shipping services by sea of enterprises established in Vietnam shall be the Vietnamese Dong.

2. The currency for public display of the price of container shipping services by sea of enterprises established abroad shall be the Vietnamese Dong or foreign currency convertible according to the provisions of the law.

3. The currency for public display of surcharges outside the price of container shipping services by sea and port service prices of enterprises shall be the Vietnamese Dong.

1. The price of container shipping services by sea is the amount of money paid by the shipper to the carrier under the container shipping contract by sea (hereinafter referred to as the sea freight price).

Article 4. Definitions

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

2. Surcharges outside the price of container shipping services by sea (if any) are additional amounts paid to the carrier outside the price of container shipping services by sea (hereinafter referred to as surcharges).

3. Port service prices include: Container handling service prices; maritime pilotage service prices; prices for using docks, berths, and mooring buoys; tugboat service prices, and other port service prices.

4. Public display of sea freight prices, surcharges, and port service prices is the act of enterprises publicly announcing on their corporate websites, at their headquarters, and through appropriate and clear methods such as printing, posting, or displaying prices on boards at transaction locations or product/service sales points according to the law without causing confusion among customers about the prices and surcharges.

5. Sea transportation businesses include sea transportation businesses with ships and sea transportation businesses without ships.

a) Sea transportation businesses with ships are enterprises directly operating the entire or part of the tonnage of ships to transport goods on those ships;

b) Sea transportation businesses without ships are enterprises providing sea transportation services from ships that they do not directly operate and play the role of consignors in relation to ship operating enterprises.

CONTENT OF PUBLIC DISPLAY AND EFFECTIVENESS OF PUBLICLY DISPLAYED PRICES

Chapter II

Article 5. Content of Publicly Displayed Prices for Sea Freight Services, Surcharges, and Port Service Prices

1. Content of Publicly Displayed Sea Freight Prices and Surcharges:

a) Departure point and destination of the route;

b) List and corresponding prices for sea freight services and surcharges based on the route and type of goods being transported; the publicly displayed price includes related service fees, taxes, fees, and charges (if any);

c) Information on the sea transportation business or its agent, authorized enterprise making the public display, including: Enterprise name, address, phone number, fax number, and website address.

2. Content of Publicly Displayed Port Service Prices

a) Information on the port business, including: Enterprise name, address, phone number, fax number, and website address;

b) Price list of port services of the enterprise that has declared prices to the competent authority according to regulations.

The publicly displayed price includes various types of taxes, fees, and charges (if any).

The listed price includes all types of taxes, fees, and charges (if any).

Article 6. Effectiveness of the posting of sea freight rates, surcharges, and port service fees

Clause 1. Sea freight rates and surcharges shall take effect from the date on which the sea transport enterprise or agent, or authorized enterprise first posts them in accordance with this Decree.

Clause 2. Port service fees shall take effect from the date on which the port enterprise or service provider completes price declaration in accordance with the law on prices and posts the fees in accordance with this Decree.

Clause 3. In cases where sea freight rates or posted surcharges are increased, the effective date of such rates or surcharges shall be determined by the enterprise but not earlier than fifteen consecutive days from the date of posting the change.

Clause 4. In cases where sea freight rates or posted surcharges are decreased, the effective date of such rates or surcharges shall be the date of posting the change.

Clause 5. In cases of changes to port service fees, enterprises must declare to the competent authority and post the fees in accordance with the law on prices.

Clause 6. Sea transport enterprises and authorized enterprises may only collect the posted sea freight rates and surcharges, and may not collect additional amounts.

Clause 7. Sea transport enterprises, authorized enterprises, and port service providers may only collect within the time frame and conditions posted and may not charge more than the posted amount.

Article 7. Rights and Obligations of Port Enterprises, Sea Transport Enterprises, or Authorized Enterprises

Clause 1. Port enterprises, sea transport enterprises, or authorized enterprises have the responsibility to post information in accordance with this Decree and notify in writing to the Vietnam Maritime Administration about the website address where sea freight rates, port service fees, or surcharges are posted; provide timely, accurate, and complete data and documents related to the requirements of the competent state agency when requested in writing.

Clause 2. Port enterprises, sea transport enterprises, or authorized enterprises have the right to request organizations or individuals to compensate for damages caused by violations of price posting activities in accordance with the law.

Article 8. Rights and Obligations of Customer Enterprises

Clause 1. Customer enterprises have the right to choose sea freight rates and surcharges when agreeing to use services; request compensation for damages when purchased services do not meet quality standards, quantities, sea freight rates, surcharges, or other contents that the service provider has posted in accordance with regulations.

Clause 2. Customer enterprises have the obligation to pay according to the agreed or chosen sea freight rates and surcharges or those prescribed by the State when purchasing services; inform relevant state agencies, organizations, or individuals upon discovering acts suspected of violating the provisions of this Decree.

Article 9. State Management in the Field of Price Display

1. The Ministry of Transport shall have the responsibility:

a) Organize and direct the implementation of policies, measures, and decisions regarding price display for sea transportation, surcharges, and service fees at seaports;

b) Participate in inspection and supervision of compliance with legal provisions on price display for sea transportation, surcharges, and service fees at seaports, as well as other relevant legal provisions within the scope of management of the Ministry;

2. The Ministry of Finance shall be responsible for:

a) Take the lead in organizing inspections and supervisions on price display in accordance with legal regulations;

b) Organize the implementation of state management contents regarding price display for sea transportation, surcharges, and service fees at seaports within the scope of management of the Ministry;

3. Provincial People's Committees and municipal people's committees under the central government shall be responsible for handling complaints and reports (if any) and dealing with violations of legal provisions on price display for sea transportation, surcharges, and service fees at seaports within their local jurisdiction in accordance with legal provisions;

Chapter III

IMPLEMENTING PROVISIONS

Article 10. Effective Date

This Decree takes effect from July 1, 2017.

Article 11. Responsibility for Implementation

1. The Ministry of Transport shall be responsible for guiding and organizing the implementation of this Decree.

The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, and Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.