Circular No. 164/2012/TT-BTC guiding the regime for collecting, submitting, and managing fees for issuing shore 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 and ships.

CIRCULAR

Guidelines on the collection, payment, and management of fees for issuing permits to foreign seafarers to go ashore, permits for foreigners to board foreign vessels, permits for Vietnamese individuals to moor Vietnamese vessels alongside foreign vessels, and permits for Vietnamese and foreign individuals to conduct press activities, scientific research, and tourism related to foreign vessels.

permit to board foreign vessels, permit for Vietnamese crew to alongside foreign vessels

and permit for Vietnamese and foreign nationals to conduct press activities, scientific research,

and sightseeing tours related to foreign vessels and ships

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Based on the Ordinance on Fees and Charges No. 38/2001/PL-UBTVQH10 dated August 28, 2001;

Pursuant to Decree No. 57/2002/NĐ-CP dated June 3, 2002 and Decree No. 24/2006/NĐ-CP dated March 6, 2006 of the Government detailing the implementation of the Ordinance on Fees and Charges;

Pursuant to Decree No. 115/2011/NĐ-CP dated December 14, 2011 amending and supplementing Point 2, Section IV Part B of the Detailed List of Fees and Charges issued together with Decree No. 24/2006/NĐ-CP dated March 6, 2006 of the Government;

Pursuant to the Decree No. 118/2008/NĐ-CP dated November 27, 2008 of 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 protection at maritime border gates;

Considering the proposal of the Director of the Department of Tax Policy;

The Minister of Finance hereby issues guidelines on the collection, payment, and management of fees for issuing permits to foreign seafarers to go ashore, permits for foreigners to board foreign vessels, permits for Vietnamese individuals to moor Vietnamese vessels alongside foreign vessels, and permits for Vietnamese and foreign individuals to conduct press activities, scientific research, and tourism related to foreign vessels 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 maritime ports may go ashore within the hours from 7:00 to 24:00 within the province or centrally-administered city where the maritime border gate is located.

- Foreign seafarers working on foreign vessels during their stay at Vietnamese maritime ports may stay overnight on shore within the province or centrally-administered city where the maritime border gate is located.

b) Permit to board foreign vessels: Vietnamese individuals (excluding staff of specialized state agencies at maritime border gates performing duties) and foreigners (excluding crew members and passengers aboard the vessel) may board foreign vessels docked at Vietnamese maritime ports for work purposes.

c) Permit for Vietnamese individuals to moor Vietnamese vessels alongside foreign vessels docked at Vietnamese maritime ports.

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

2. Collecting agencies

The Command of the Border Guard Force at the Maritime Border Gate, the Border Guard Post at the Maritime Border Gate under the General Staff of the Border Guard Corps - Ministry of National Defense shall be responsible for collecting, paying, and managing the fees when issuing permits to foreign seafarers to go ashore, permits for foreigners to board foreign vessels, permits for Vietnamese individuals to moor Vietnamese vessels alongside foreign vessels, and permits for Vietnamese and foreign individuals to conduct press activities, scientific research, and tourism related to foreign vessels according to these guidelines.

Article 2. Level of fee collection

1. Fee for issuing shore leave permits for foreign seafarers

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

- Foreign seafarers working on foreign vessels during their stay at Vietnamese maritime ports may stay overnight on shore within the province or centrally-administered city where the maritime border gate is located: 05 USD/Permit.

2. Fee for issuing permits for Vietnamese and foreign individuals to board foreign vessels for work purposes (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 Vietnamese and foreign individuals to conduct press activities, scientific research, and tourism related to foreign vessels (valid once):

- Individuals aged 16 years or older: 20,000 VND/Permit (01 USD/Permit);

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

Article 3. Organization of collection, payment, and management

1. The fee for issuing permits to foreign seafarers to go ashore, permits for foreigners to board foreign vessels, permits for Vietnamese individuals to moor Vietnamese vessels 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 agency collecting the fee for issuing permits to foreign seafarers to go ashore, permits for foreigners to board foreign vessels, permits for Vietnamese individuals to moor Vietnamese vessels alongside foreign vessels, and permits for Vietnamese and foreign individuals to conduct press activities, scientific research, and tourism related to foreign vessels shall be responsible for registering, declaring, and paying the fee into the State budget in accordance with Circular No. 63/2002/TT-BTC dated July 24, 2002 and Circular No. 45/2006/TT-BTC dated May 25, 2006 amending and supplementing Circular No. 63/2002/TT-BTC dated July 24, 2002 of the Ministry of Finance guiding the implementation of laws on fees and charges.

3. The fee-collecting agency must deposit 100% (one hundred percent) of the total charge revenue collected into the state budget according to the current State Budget Classification.

Article 4. Organization of Implementation

1. This Circular takes effect from December 1, 2012.

2. Other contents related to the collection, payment, management, and public disclosure of the fee collection system not covered in this Circular shall be implemented in accordance with Circular No. 63/2002/TT-BTC dated July 24, 2002 and Circular No. 45/2006/TT-BTC dated May 25, 2006 amending and supplementing Circular No. 63/2002/TT-BTC dated July 24, 2002 of the Ministry of Finance guiding the implementation of laws on fees and charges; Circular No. 28/2011/TT-BTC dated February 28, 2011 of the Ministry of Finance guiding the implementation of certain provisions of the Law on Tax Administration, guiding the implementation of Decree No. 85/2007/NĐ-CP dated May 25, 2007 and Decree No. 106/2010/NĐ-CP dated October 28, 2010 of the Government.

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