Circular No. 261/2016/TT-BTC stipulates maritime fees and charges and the schedule for collecting such fees and charges in Vietnam. This Circular replaces Circular No. 01/2016/TT-BTC and takes effect from January 1, 2017.
Scope of application
This Circular applies to domestic maritime vessels operating in Vietnam.
Key points
- Specifies the rates of maritime fees and charges for each type of vessel and specific areas
- Supplements the list of maritime zones under the management of each maritime port authority
- Takes effect from January 1, 2017, and replaces Circular No. 01/2016/TT-BTC.
- Terms shall be implemented according to the provisions of the Maritime Code of Vietnam 2015 from July 1, 2017.
- Adjusts the rates of maritime fees and charges to suit current conditions and the development of the maritime industry.
🌐 Social impact of this document
- Enhances management of domestic maritime activities
- Improves the efficiency of resource utilization in the maritime sector
- Supports the formulation of policies and laws on maritime fees and charges
❓ Frequently asked questions
Which circular does this circular replace?
Circular No. 261/2016/TT-BTC replaces Circular No. 01/2016/TT-BTC issued by the Minister of Finance regarding maritime fees and charges and the schedule for collecting such fees and charges.
When does this circular take effect?
Circular No. 261/2016/TT-BTC takes effect from January 1, 2017.
Full text
CIRCULAR
Regulations on maritime fees and charges and the schedule for collecting such fees and charges
-------------------------------
Pursuant to the State Budget Law on June 25, 2015;
Pursuant to the Law on Fees and Charges dated November 25, 2015;
Pursuant to 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 Charges;
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;
At the proposal of the Director of the Enterprise Finance Department,
The Minister of Finance issues this Circular regulating maritime fees and charges and the schedule for collecting such fees and charges.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
1. Scope of regulation: This Circular stipulates the objects subject to maritime fees and charges; persons paying maritime fees and charges; agencies and organizations collecting maritime fees and charges; bases and principles for determining the amount of maritime fees and charges and the schedule for collecting such fees and charges.
Maritime fees and charges prescribed in this Circular include: Tonnage fee for ships and vessels; maritime security guarantee fee; anchorage and berthing fee at water areas and zones; maritime protest confirmation fee and port entry and exit fee.
2. Applicability: This Circular applies to organizations, individuals, and state agencies related to the collection and payment of maritime fees and charges.
Article 2. Interpretation of Terms
In this Circular, the following terms are understood as follows:
2. Gross Tonnage (GT) is the maximum total volume of ships and vessels recorded in the certificate issued by the inspection agency according to regulations.
3. Water area, zone including pilot reception and delivery zone, quarantine zone, ship turning zone, anchorage zone, transshipment zone, typhoon shelter zone within port water area.
5. Transshipment cargo is cargo loaded or unloaded alongside a ship, including empty containers.
6. Export goods are goods with origin in Vietnam and destination in Vietnam.
7. Import goods are goods with origin outside Vietnam and destination in Vietnam.
8. Transit Goods are goods with both origin and destination outside the territory of Vietnam, either traveling directly or being transshipped through a Vietnamese port or stored in warehouses before continuing their journey.
9. Transit goods are goods transported from abroad to a Vietnamese port and stored in a transit area of the port for a certain period before being loaded onto another ship for transportation out of the territory of Vietnam.
10. Special-purpose ships and vessels including: Ships and vessels used for oil exploration and production services (oil service ships and vessels), ships and vessels used for marine construction projects, ships and vessels serving maritime safety operations, training ships, research ships, public service ships.
12. LASH Ship (Lighter Aboard Ship) is a specialized ship waiting for LASH barges to serve the transport of goods capable of operating on rivers and seas.
13. Carrier is a person using ships and vessels owned by themselves or others to carry out the transportation of goods and passengers.
14. Voyage: Entering a maritime zone or leaving a maritime zone within the scope of objects required to report to the maritime port authority for management purposes according to the law counts as one voyage.
15. Trip: Entering a maritime zone once and leaving a maritime zone once counts as one trip.
16. Inland waterway route from shore to island is an inland waterway route from shore to island in Vietnam's territorial waters announced by the Ministry of Transport.
17. Vietnamese port area is divided into three regions:
a) Region I: Ports north of the 20th parallel north;
b) Region II: Ports between the 11.5th parallel north and south of the 20th parallel north;
c) Region III: Ports south of the 11.5th parallel north.
Article 3. Objects subject to maritime fees and charges and objects not subject to maritime fees and charges
1. Objects subject to maritime fees and charges according to the international maritime activity fee and charge schedule include:
a) Vessels exiting, entering, or transiting through maritime areas; foreign vessels operating in Vietnam's territorial waters outside port waters;
b) Vessels engaged in exporting, importing, transshipment, and transit cargo operations in maritime areas;
c) Passenger vessels traveling from Vietnam to foreign countries or from foreign countries to Vietnam; specialized vessels operating on international routes entering or leaving maritime areas;
d) Exported, imported, transited, and transshipped goods being loaded/unloaded, delivered/received, stored, or moored in maritime areas.
2. Objects subject to maritime fees and charges according to the domestic maritime activity fee and charge schedule include:
a) Domestic maritime vessels entering or leaving maritime areas;
b) Vessels engaged in domestic maritime cargo and passenger transport entering or leaving maritime areas;
c) Vessels operating on inland waterway transport routes from shore to islands;
d) Specialized vessels serving oil and gas activities at offshore oil ports and dedicated oil service ports within the responsibility area of maritime port authorities;
Article 4. Persons paying maritime fees and charges
1. For vessels: The owner of the vessel or the carrier or the person entrusted with the responsibility to settle payments.
2. For goods and passengers: The carrier or the person entrusted with the responsibility to settle payments.
Article 5. Organizations collecting maritime fees and charges
Organizations collecting maritime fees and charges are maritime port authorities. Maritime port authorities collect the following types of maritime fees and charges:
1. Vessel tonnage fees.
2. Marine safety guarantee fees collected at public maritime channels and dedicated maritime channels.
3. Fees for using anchorage and berthing positions in water areas and zones.
4. Fees for confirming maritime protests.
5. Port entry and exit fees.
Article 6. Basis and principles for determining the amount of maritime fees and charges
1. Gross Tonnage (GT): One of the basic units for calculating maritime fees and charges, including: Gross Tonnage (GT) (GT): is one of the basic units for calculating maritime fees and charges, including:
a) For liquid cargo tankers, the fee-calculated volume is 85% of the maximum overall volume recorded in the certification document of the registration authority (regardless of whether the vessel has separate ballast tanks) or calculated as 85% of the converted gross tonnage at point c clause 1 of this Article in cases where the vessel does not record GT;
b) For passenger vessels, the fee-calculated volume is 50% of the maximum overall volume recorded in the certification document of the registration authority or calculated as 50% of the converted gross tonnage at point c clause 1 of this Article in cases where the vessel does not record GT;
- Self-propelled inland waterway vessels and sea vessels convert 1.5 tons of deadweight to 1 GT;
- Barges convert 1 ton of overall weight to 1 GT;
- Towboats, pushboats, passenger vessels (including seaplanes), and floating cranes: 1 horsepower (HP, CV) converts to 0.5 GT; 1 kilowatt (KW) converts to 0.7 GT; 1 ton of crane lifting capacity installed on vessels converts to 6 GT;
- Passenger vessels without engine power recorded convert 1 seat for passengers to 0.67 GT; 1 berth converts to 4 GT;
- For tugboat groups, pushboat groups, or side-by-side mooring groups, the total gross tonnage is the sum of all group members including barges, tugs, or pushboats.
For conversion as prescribed at point c clause 1 of this Article, the method with the largest total gross tonnage is selected.
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 or 1 KW are rounded up to 1 HP, 1 CV, or 1 KW respectively.
3. Unit of time:
a) For time unit of day: 1 day equals 24 hours; fractional parts of a day up to 12 hours are counted as half a day, over 12 hours are counted as 1 day;
b) For time unit of hour: 1 hour equals 60 minutes; fractional parts up to 30 minutes are counted as half an hour, over 30 minutes are counted as 1 hour;
c) For time unit of month: Calculated according to the Gregorian calendar, 1 month starts at 00:00 on the first day and ends at 24:00 on the last day of the month.
4. Unit of measurement for cargo volume (including packaging): Ton or cubic meter (m3); fractions less than 0.5 ton or 0.5 m3 are not counted, from 0.5 ton or 0.5 m3 onwards are counted as 1 ton or 1 m3. In a single bill of lading, the minimum volume for calculating fees is 1 ton or 1 m3. For goods occupying more than 2 m3 per ton, every 2 m3 is counted as 1 ton.
5. Currency for collecting and paying maritime fees and charges:
a) For international maritime activities: The currency for collecting maritime fees and charges is US Dollar (USD) or Vietnamese Dong (VND);
b) For domestic maritime activities: The currency for collecting maritime fees and charges is Vietnamese Dong.
c) In the case of converting from US dollars to Vietnamese dong, the conversion shall be made according to the buying rate of US dollars for transfer transactions at the head office of Vietnam Commercial Joint Stock Bank for Foreign Trade at the time of payment of fees and charges. In cases where fees and charges for maritime activities are paid on holidays, public holidays, or before the first announcement of the exchange rate by the bank on that day, the last announced exchange rate of the previous working day shall apply.
a) The person paying maritime fees and charges must pay all such fees and charges before the maritime port authority grants permission for vessels to leave the maritime area.
b) As of July 1, 2017, in special cases, if the person paying maritime fees and charges provides a guarantee or deposit in an appropriate form, they may delay payment of fees for up to five working days from the date the vessel is granted permission to leave the port. The Director of the maritime port authority is responsible for recovering the fees and charges due to the state budget.
7. In cases where vessels receive and deliver export and import goods in multiple maritime areas simultaneously while also receiving and delivering domestic goods, such operations shall be considered international transportation and shall be subject to the Maritime Fees and Charges Schedule applicable to international maritime activities, calculated per entry or exit from the port. However, domestic cargo volumes will not be charged for berth and anchorage positions.
8. When a vessel enters or leaves the port with multiple different charge levels simultaneously, only the lowest charge level applicable to one entry or exit shall be applied.
Chapter II
MARITIME FEES AND CHARGES SCHEDULE FOR INTERNATIONAL MARITIME ACTIVITIES
Article 7. Tonnage Fee for Vessels
1. Level of Tonnage Fee for Vessels
Vessels entering or leaving the maritime area, specialized ports, offshore oil ports; foreign vessels operating in Vietnamese waters outside the port area must pay the tonnage fee for vessels according to the following rates:
|
Type of ship |
Rate of Collection |
|
A. Vessels (excluding Lash vessels): - Entry: - Departure: |
0.034 USD/GT 0.034 USD/GT |
|
B. Lash Vessels: |
|
|
- Mother Vessel: |
|
|
55 dong/GT- HL |
0.017 USD/GT |
|
Departure: |
0.017 USD/GT |
|
Lash barges (only charged when departing from the mother vessel to a maritime area not within the mother vessel's anchorage zone or coming from another maritime area different from the mother vessel's anchorage zone to load onto the mother vessel) |
|
|
55 dong/GT- HL |
0.017 USD/GT |
|
Departure: |
0.017 USD/GT |
2. Specific provisions on the collection of tonnage fees for vessels:
a) Vessels entering or leaving the maritime area solely for refueling, food supply, fresh water, crew change, repair, dismantling, or trial runs after repairs or construction without loading or unloading cargo or passengers shall be subject to a fee equal to 70% of the rate prescribed in Clause 1 of this Article;
b) Vessels (excluding passenger vessels) entering or leaving a maritime area more than three times per vessel per month, starting from the fourth trip of that vessel in the month, shall be subject to a fee equal to 60% of the rate prescribed in Clause 1 of this Article;
c) Organizations or individuals with passenger vessels entering or leaving the maritime area shall be subject to the tonnage fee for vessels as follows:
- Passenger vessels with a total gross tonnage under 300 GT entering or leaving the maritime area more than four times per month per maritime area, starting from the fifth trip in the month, shall be charged at 70% of the rate prescribed in Clause 1 of this Article;
- Passenger vessels with a total gross tonnage from 300 GT to under 1,500 GT entering or leaving the maritime area more than three times per month per maritime area, starting from the fourth trip in the month, shall be charged at 60% of the rate prescribed in Clause 1 of this Article;
- Passenger vessels with a total gross tonnage from 1,500 GT to under 50,000 GT entering or leaving the maritime area more than two times per month per maritime area, starting from the third trip in the month, shall be charged at 50% of the rate prescribed in Clause 1 of this Article;
- Passenger vessels with a total gross tonnage of 50,000 GT or more entering or leaving a maritime area shall be charged at 40% of the rate prescribed in Clause 1 of this Article.
b) Foreign military vessels visiting the maritime area for official or social visits upon invitation by the Government of Vietnam; vessels carrying foreign youth to the maritime area for cultural and sports exchanges upon invitation by ministries or agencies equivalent to ministries under the Vietnamese Government;
c) Boats or speedboats of the mother vessel moored in the passenger boarding and disembarkation area;
d) Lash barges operating in the maritime area together with Lash vessels;
đ) Vessels passing through Cambodia;
e) Vessels departing to Cambodia via Vinh Xuong-Thuong Phuoc border gate, which have been processed for departure procedures at inland waterway ports and wharves by the inland waterway port authority and have already paid fees and charges applicable at inland waterway ports and wharves in accordance with the guidelines of the Ministry of Finance;
Article 8. Maritime Security Guarantee Fee
1. Rate of the maritime security guarantee fee
Ships entering, leaving maritime zones, dedicated ports, offshore oil and gas ports, and transiting to Cambodia must pay the maritime security guarantee fee as follows:
|
Type of ship |
Port Sea Area I and III |
Port Sea Area II |
|
A. Vessels (excluding Lash vessels): - Entry: - Departure: |
0,100 USD/GT 0,100 USD/GT |
0,058 USD/GT 0,058 USD/GT |
|
B. Lash Vessels: |
||
|
- Mother Vessel: |
||
|
55 dong/GT- HL |
0,040 USD/GT |
0,025 USD/GT |
|
Departure: |
0,040 USD/GT |
0,025 USD/GT |
|
- Barge Lash |
(only collected when departing from the mother ship to travel on the channel) |
|
|
55 dong/GT- HL |
0,040 USD/GT |
0,025 USD/GT |
|
Departure: |
0,040 USD/GT |
0,025 USD/GT |
2. Specific regulations on the collection of the maritime security guarantee fee:
a) Vessels entering or leaving the maritime area solely for refueling, food supply, fresh water, crew change, repair, dismantling, or trial runs after repairs or construction without loading or unloading cargo or passengers shall be subject to a fee equal to 70% of the rate prescribed in Clause 1 of this Article;
b) Ships (excluding passenger ships) entering, leaving more than three times per ship per month in a maritime zone shall apply a rate equal to 80% of the rate specified in Clause 1 of this Article from the fourth trip onwards in that month;
c) Organizations and individuals with passenger ships entering, leaving maritime zones shall apply the maritime security guarantee fee as follows:
- Passenger vessels with a total gross tonnage under 300 GT entering or leaving the maritime area more than four times per month per maritime area, starting from the fifth trip in the month, shall be charged at 70% of the rate prescribed in Clause 1 of this Article;
- Passenger vessels with a total gross tonnage from 300 GT to under 1,500 GT entering or leaving the maritime area more than three times per month per maritime area, starting from the fourth trip in the month, shall be charged at 60% of the rate prescribed in Clause 1 of this Article;
- Passenger vessels with a total gross tonnage from 1,500 GT to under 50,000 GT entering or leaving the maritime area more than two times per month per maritime area, starting from the third trip in the month, shall be charged at 50% of the rate prescribed in Clause 1 of this Article;
- Passenger ships with a total gross tonnage of 50,000 GT or more entering, leaving maritime zones shall apply a rate equal to 30% of the rate specified in Clause 1 of this Article.
a) Lifeboats or speedboats of mother ships carrying passengers moored in maritime zones permitted to transport passengers entering, leaving seaports;
c) Ships operating in maritime zones required to move to another maritime zone according to the dispatch of the maritime port authority for urgent typhoon avoidance:
d) Foreign military ships arriving in maritime zones for official visits or courtesy calls upon invitation by the Vietnamese State; foreign youth ships arriving in maritime zones for cultural, sports exchanges upon invitation by ministries or ministerial-level agencies under the Vietnamese Government.
e) Vessels departing to Cambodia via Vinh Xuong-Thuong Phuoc border gate, which have been processed for departure procedures at inland waterway ports and wharves by the inland waterway port authority and have already paid fees and charges applicable at inland waterway ports and wharves in accordance with the guidelines of the Ministry of Finance;
- In case ships return to their original maritime zone after avoiding typhoons to continue operations, they will not be charged the maritime security guarantee fee for the entry and exit trips at the maritime zone where they sought shelter; the exit trip at the maritime zone where they left to seek shelter and the entry trip at the original maritime zone when returning to continue operations;
- In case ships do not return to their original maritime zone after avoiding typhoons to continue operations, they will not be charged the maritime security guarantee fee for the entry and exit trips at the maritime zone where they sought shelter and the exit trip at the maritime zone where they left to seek shelter.
Article 9. Fee for Using Berthing Positions in Water Areas
1. For ships:
a) Ships mooring in water areas, within the first 30 days (720 hours), shall apply a rate of: 0,0005 USD/GT/hour;
b) Ships mooring in water areas, from day 31 (hour 721) onwards, shall apply a rate of: 0,0003 USD/GT/hour;
c) Ships mooring at multiple positions in water areas within a maritime zone of a seaport shall be calculated based on the actual time spent moored at each position;
d) Organizations and individuals with passenger ships entering, leaving maritime zones a minimum of four times per month per maritime zone shall apply a rate equal to 50% of the rate specified in points a and b of Clause 1 of this Article for passenger ships of organizations and individuals in that month;
đ) Organizations and individuals with passenger ships with a total gross tonnage of 50,000 GT or more entering, leaving maritime zones shall apply a rate equal to 40% of the rate specified in points a and b of Clause 1 of this Article;
g) Ships entering, leaving maritime zones for repair, dismantling, or testing without loading or unloading cargo or picking up or dropping off passengers shall apply a rate equal to 70% of the rate specified in point a of Clause 1 of this Article;
- Waiting for tide in port waters before docking;
- Waiting for daylight according to the order of the maritime port authority due to night navigation restrictions;
- Avoiding typhoons, bad weather not ensuring safety for the voyage of the ship or rescuing patients or transferring rescued persons at sea without loading or unloading cargo or picking up or dropping off passengers confirmed by the maritime port authority;
- Ships participating in search and rescue operations, flood prevention, disaster relief according to orders or approval of competent state authorities from the moment they are mobilized to participate in the incident until its conclusion.
2. For goods:
- Ordinary goods: 0,07 USD/ton;
- Refrigerated trucks, tracked vehicles, excavators, road rollers, forklifts, cranes: 2 USD/unit;
- Cars with up to 15 seats, vehicles with a load capacity of up to 2.5 tons: 0,7 USD/unit;
- Other cars not specified above: 1,3 USD/unit.
c) Goods imported into Vietnam at Van Phong Bay shall apply a rate equal to 20% of the rate specified in point a of Clause 2 of this Article;
d) Goods transshipped at Van Phong Bay are exempt from paying the fee for using berthing positions.
Article 10. Fee for Notarizing Maritime Protest
When international maritime vessels perform procedures to submit a maritime protest, they must pay a fee for notarizing the maritime protest: 50 USD/per submission.
Article 11. Port Entry and Exit Fees
1. Vessels entering or leaving the maritime area, specialized ports, offshore oil ports; foreign vessels operating in Vietnam's territorial waters but outside port areas must pay port entry and exit fees as follows:
|
No. |
Type of vehicle |
Rate of Collection |
|
1 |
Vessels with a total gross tonnage less than 100 GT |
5 |
|
2 |
Vessels with a total gross tonnage from 100 GT to under 500 GT |
10 |
|
3 |
Vessels with a total gross tonnage from 500 GT to 1,000 GT |
25 |
|
4 |
Vessels with a total gross tonnage over 1,000 GT |
50 |
The person paying the fee may pay once for the entire voyage (including 01 entry and 01 departure).
2. Vessels departing to Cambodia through Vinh Xuong - Thuong Phuoc border gate, if the inland waterway port authority has already processed the vessel's procedures at the inland waterway port and collected fees according to the guidelines of the Ministry of Finance, shall not be required to pay port entry and exit fees as stipulated in Chapter II of this Circular.
Chapter III
PORT CHARGES AND FEES FOR DOMESTIC MARITIME ACTIVITIES
Article 12. Tonnage Fee for Vessels and Ships
1. Level of Tonnage Fee for Vessels
a) Vessels entering or leaving the maritime area, specialized ports, offshore oil ports must pay the tonnage fee for vessels as follows:
- Entry trip: 250 VND/GT;
- Departure trip: 250 VND/GT.
b) Vessels engaged in transportation on inland waterways routes from shore to islands, each round trip from shore to island and vice versa, must pay the tonnage fee for vessels at a rate of 500 VND/GT/per port call;
c) Specialized vessels serving the oil industry, each trip moving from the maritime area to the offshore oil exploration area under the jurisdiction of one maritime port authority must pay the tonnage fee for vessels as follows:
- Entry trip: 450 VND/GT;
- Departure trip: 450 VND/GT.
In cases where specialized vessels serving the oil industry move from the maritime area to the offshore oil exploration area under the jurisdiction of two maritime port authorities, the collection and payment of fees shall be carried out according to the provisions of point a Clause 1 of this Article.
d) Supply vessels providing towing services, fuel supply, food supply within a maritime area: the charge rate is 100 VND/GT/day of actual operation; the collection and payment of the tonnage fee for vessels can be implemented monthly based on this rate. In cases where vessels are not operating, the shipowner provides documentation to prove non-operation to the maritime port authority for confirmation to exempt fees on days when the vessel is not operating.
2. Specific regulations on the collection of tonnage fees for vessels:
a) Vessels (excluding passenger vessels and those specified in point d Clause 1 of this Article) entering or leaving a maritime area more than 3 times/1 vessel/month, starting from the fourth trip of that vessel in the month, the collection rate will be 60% of the rate stipulated in Clause 1 of this Article;
b) Vessels entering or leaving the maritime area to refuel, obtain food, fresh water, change crew, repair, dismantle or test run after repairs or construction without loading or unloading cargo, or picking up or dropping off passengers, the collection rate will be 70% of the rate stipulated in Clause 1 of this Article;
c) Organizations or individuals with passenger vessels entering or leaving the maritime area shall be subject to the tonnage fee for vessels as follows:
- For vessels with a total gross tonnage under 500 GT entering or leaving the maritime area more than 4 times/month/1 maritime area, starting from the fifth trip in the month, the collection rate will be 70% of the rate stipulated in Clause 1 of this Article;
- For vessels with a total gross tonnage from 500 GT to under 1,500 GT entering or leaving the maritime area more than 3 times/month/1 maritime area, starting from the fourth trip in the month, the collection rate will be 60% of the rate stipulated in Clause 1 of this Article;
- For vessels with a total gross tonnage of 1,500 GT or more entering or leaving the maritime area more than 2 times/month/1 maritime area, starting from the third trip in the month, the collection rate will be 50% of the rate stipulated in Clause 1 of this Article.
b) Boats or speedboats of passenger ships moored in the water area, water area transporting passengers from the ship to shore and vice versa;
c) Barges Lash operating in the maritime area together with Lash vessels;
d) Fishing vessels and sports vessels of Vietnam.
Article 13. Maritime Security Fee
1. The level of maritime security fee collection:
Vessels entering and leaving maritime areas, dedicated ports, offshore oil ports must pay the maritime security fee as follows:
a) Vessels with a total gross tonnage under 2,000 GT:
- Entry: 300 VND/GT;
- Departure: 300 VND/GT.
b) Vessels with a total gross tonnage of 2,000 GT or more:
- Entry: 600 VND/GT;
- Departure: 600 VND/GT.
c) Vessels operating on inland waterway transport routes from the shore to islands, each round trip from the shore to the island and vice versa shall pay the maritime security fee at a rate of 550 VND/GT/each port call.
d) Dedicated vessels serving oil and gas, each voyage moving from the maritime area to the offshore oil exploration area under the management of one maritime port authority shall pay the maritime security fee as follows:
- Entry: 950 VND/GT;
- Departure: 950 VND/GT.
In the case of dedicated vessels serving oil and gas, each voyage moving from the maritime area to the offshore oil exploration area under the management of two maritime port authorities, the collection and payment of fees shall be carried out according to the provisions set forth in points a and b of Clause 1 of this Article.
2. Provisions on the collection of maritime security fees
a) Vessels (excluding passenger-carrying vessels) entering and leaving a maritime area more than three times per vessel per month, from the fourth voyage onwards in that month, the collection rate will be 80% of the rate specified in Clause 1 of this Article;
b) Vessels entering or leaving the maritime area to refuel, obtain food, fresh water, change crew, repair, dismantle or test run after repairs or construction without loading or unloading cargo, or picking up or dropping off passengers, the collection rate will be 70% of the rate stipulated in Clause 1 of this Article;
c) Organizations and individuals with passenger ships entering, leaving maritime zones shall apply the maritime security guarantee fee as follows:
- Vessels with a total gross tonnage under 500 GT entering and leaving a maritime area a minimum of four times per month per maritime area, from the fifth voyage onwards in that month, the collection rate will be 70% of the rate specified in Clause 1 of this Article;
- Vessels with a total gross tonnage from 500 GT to less than 1,500 GT entering and leaving a maritime area a minimum of three times per month per maritime area, from the fourth voyage onwards in that month, the collection rate will be 60% of the rate specified in Clause 1 of this Article;
- Vessels with a total gross tonnage of 1,500 GT or more entering and leaving a maritime area a minimum of two times per month per maritime area, from the third voyage onwards in that month, the collection rate will be 50% of the rate specified in Clause 1 of this Article;
a) Boats or small boats of passenger-carrying vessels moored in waters, areas transporting passengers from the vessel to the shore and vice versa;
c) Ships operating in maritime zones required to move to another maritime zone according to the dispatch of the maritime port authority for urgent typhoon avoidance:
- In case ships return to their original maritime zone after avoiding typhoons to continue operations, they will not be charged the maritime security guarantee fee for the entry and exit trips at the maritime zone where they sought shelter; the exit trip at the maritime zone where they left to seek shelter and the entry trip at the original maritime zone when returning to continue operations;
- In case ships do not return to their original maritime zone after avoiding typhoons to continue operations, they will not be charged the maritime security guarantee fee for the entry and exit trips at the maritime zone where they sought shelter and the exit trip at the maritime zone where they left to seek shelter.
Article 14. Fee for Using Mooring Positions in Waters, Areas
1. Vessels moored in waters, areas must pay the fee for using mooring positions at a rate of 5 VND/GT/hour.
2. Organizations and individuals with passenger-carrying vessels entering and leaving maritime areas a minimum of four times per month per maritime area shall apply a collection rate of 50% of the rate specified in Clause 1 of this Article for their passenger-carrying vessels in that month.
3. For vessels waiting in accordance with regulations of the Ministry of Transport, the following rates apply:
a) Total gross tonnage of the vessel under 100,000 GT: 10 VND/GT/day;
b) Total gross tonnage of the vessel 100,000 GT or more: 8 VND/GT/day.
4. Vessels moored in waters, areas for repair, dismantling, or testing without cargo handling or passenger embarkation/disembarkation shall apply a collection rate of 70% of the rate specified in Clause 1 of this Article.
5. For vessels moored at multiple positions within waters, areas under the jurisdiction of one seaport, the actual time spent moored at each position will be calculated cumulatively.
- Waiting for tide in port waters before docking;
- Waiting for daylight according to the order of the maritime port authority due to night navigation restrictions;
- Avoiding typhoons, adverse weather conditions not ensuring safe passage, emergency medical evacuation, or transferring rescued persons at sea without cargo handling or passenger embarkation/disembarkation, confirmed by the maritime port authority;
- Vessels participating in search and rescue operations, flood prevention, and disaster relief upon command or with the approval of competent state agencies, from the time they are mobilized to participate in the incident until its conclusion. Supplement
Article 15. Fee for Confirmation of Maritime Protest
Domestic maritime vessels when performing procedures to submit a maritime protest must pay a fee for confirmation of maritime protest: 200,000 VND per submission.
Article 16. Port Entry and Exit Fees
Vessels entering or leaving the maritime area, dedicated ports, and offshore oil ports must pay port entry and exit fees as follows:
|
No. |
Type of vehicle |
Collection Rate (VND/1 trip) |
|
1 |
Vessels with total gross tonnage under 200 GT |
15.000 |
|
2 |
Vessels with total gross tonnage from 200 GT to under 1,000 GT |
25.000 |
|
3 |
Vessels with total gross tonnage from 1,000 GT to 5,000 GT |
50.000 |
|
4 |
Vessels with total gross tonnage over 5,000 GT |
100.000 |
The person paying the fee may pay once for the entire voyage (including 01 entry and 01 departure).
Chapter IV
IMPLEMENTATION
Article 17. Effective Date
1. This Circular takes effect from January 1, 2017, replacing Circular No. 01/2016/TT-BTC dated January 5, 2016, issued by the Minister of Finance on maritime fees and port charges and the table of collection rates for maritime fees and port charges.
3. During implementation, if there are any difficulties, relevant agencies and units should report to the Ministry of Finance for consideration and resolution./.
|
DEPUTY MINISTER
Tran Van Hieu |
LIST OF MARITIME AREAS UNDER THE MANAGEMENT OF PORT AUTHORITIES
(Annexed to Circular No. 261/2016/TT-BTC
dated November 14, 2016, issued by the Ministry of Finance)
Name of Port Authority
| No. | Ha Long Maritime Port Authority | Maritime zone |
| 1 | Includes 5 maritime areas: Van Gia, Hai Ha; Mui Chua; Cam Pha, Cuoi Doi; Hon Gai and Yen Hung | Hai Phong Maritime Port Authority |
| 2 | Includes 2 maritime areas: Bai Long Vỹ Island and Hai Phong. | Thai Binh Maritime Port Authority |
| 3 | Includes 1 maritime area | Nam Dinh Maritime Port Authority |
| 4 | Thanh Hoa Maritime Port Authority | Nam Dinh Maritime Port Authority |
| 5 | Nghe An Maritime Port Authority | Nam Dinh Maritime Port Authority |
| 6 | Ha Tinh Maritime Port Authority | Nam Dinh Maritime Port Authority |
| 7 | Includes 2 maritime areas: Vuong Ang and Xuan Hai | Quang Binh Maritime Port Authority |
| 8 | Includes 2 maritime areas: Hon La, Cu Da Gianh | Quang Tri Maritime Port Authority |
| 9 | Thua Thien Hue Maritime Port Authority | Nam Dinh Maritime Port Authority |
| 10 | Includes 2 maritime areas: Thu An and Chan May | Da Nang Maritime Port Authority |
| 11 | Quang Nam Maritime Port Authority | Nam Dinh Maritime Port Authority |
| 12 | Quang Ngai Maritime Port Authority | Nam Dinh Maritime Port Authority |
| 13 | Includes 3 maritime areas: Ly Son Island, Sa Ky and Dung Quat | Qui Nhon Maritime Port Authority |
| 14 | Includes 2 maritime areas: Qui Nhon and Vung Ro | Nha Trang Maritime Port Authority |
| 15 | Includes 7 maritime areas: Nha Trang, Ba Ngoi, Van Phong Bay, Yen Island, Ninh Chu, Truong Sa and Ca Na | Binh Thuan Maritime Port Authority |
| 16 | Includes 5 maritime areas: Vinh Tan, Hoa Phu, Phan Thiet, Phu Quy and offshore oil area managed by Binh Thuan Maritime Port Authority | Vung Tau Maritime Port Authority |
| No. | Ha Long Maritime Port Authority | Maritime zone |
| 17 | Includes 3 maritime areas: Vung Tau (including Song Thi Vai - Cai Mepe; Song Dinh, Gan Rai Bay - Vung Tau anchorage area); Con Dao and offshore oil area managed by Vung Tau Maritime Port Authority | Dong Nai Maritime Port Authority |
| 18 | Includes 2 maritime areas: Thi Vai and remaining maritime area managed by Dong Nai Maritime Port Authority | Ho Chi Minh City Maritime Port Authority |
| 19 | Includes 2 maritime areas: Go Gia and Ho Chi Minh City | My Tho Maritime Port Authority |
| 20 | Includes 4 maritime areas: Tien Giang, Vinh Long, Ben Tre and Long An | Dong Thap Maritime Port Authority |
| 21 | An Giang Maritime Port Authority | Nam Dinh Maritime Port Authority |
| 22 | Can Tho Maritime Port Authority | Nam Dinh Maritime Port Authority |
| 23 | Includes 2 maritime areas: Tra Vinh and Can Tho | Kien Giang Maritime Port Authority |
| 24 | Includes 5 maritime areas: Hon Chong, Ha Tien, Phu Quoc, Rach Gia, and Nam Du | Ca Mau Maritime Port Authority |
| 25 | Includes 2 maritime areas: Nam Can and offshore oil port at Song Doc field | Two maritime areas: the Nam Can area and the offshore oil port area at the Song Doc field. |
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