Circular No. 39/2023/TT-BGTVT Issuing the framework for prices of pilotage services, port and mooring buoy usage services, container handling services, and tugboat services at Vietnamese seaports

CIRCULAR

Issuing the framework for prices of pilotage services, services using bridges, wharfs, mooring buoys, container handling services, and tugboat services at Vietnamese seaports

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

Pursuant to the Law on Prices dated June 20, 2012;

Pursuant to Decree No. 146/2016/NĐ-CP dated November 2, 2016 of the Government prescribing the posting of surchargesđoutside the service price for container cargo transportationJune 2024;by sea, and the prices of services at seaportsdevelopmentPursuant to Decree No. 149/2016/NĐ-CP dated November 11, 2016 of the Government amending and supplementing certain articles of Decree No. 177/2013/NĐ-CP dated November 14, 2013 of the Government detailing and guiding the implementation of certain provisions of the Price Law;logoPursuant 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;developmentIssuing this Circular on the framework for prices of pilotage services, services using bridges, wharfs, mooring buoys, container handling services, and tugboat services at Vietnamese seaports;

Article 1. This Circular prescribes the framework for prices of services at Vietnamese seaports, including: maritime pilotage service prices; bridge, wharf, and mooring buoy usage service prices; container handling service prices; tugboat service prices (hereinafter referred to as seaport service prices).

Article 2. 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.

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

The Minister of Transport Point 1. Vessels are waterborne or underwater means of transport, including ships, boats, and other motorized or non-motorized vessels. Point 2. Special-purpose vessels for oil and gas are vessels serving exploration, exploitation, and related oil and gas service activities. South.

PART I

GENERAL PROVISIONS

Article 1. Scope of regulation and applicable subjects

Point 3. A tugboat is a vessel designed, inspected, and registered to provide towing and support services for vessels entering, leaving, or mooring at bridges, wharfs, or mooring buoys.

Point 4. Gross Tonnage (GT) is the maximum total volume of a vessel recorded in the certificate issued by the inspection authority according to regulations.

Article 2. Interpretation of Terms

Point 5. Export goods are goods with the place of dispatch (origin) in Vietnam and the place of receipt (destination) abroad..

Point 6. Import goods are goods with the place of dispatch (origin) abroad and the place of receipt (destination) in Vietnam.

Point 7. Transit goods are goods transported from abroad to Vietnamese seaports, stored in designated transit areas for a specific period, then loaded onto other vessels for export out of Vietnam.

Point 8. Goods in transit are goods with both the place of dispatch (origin) and the place of receipt (destination) outside Vietnam, passing through or being transshipped at Vietnamese seaports or stored in warehouses or yards before continuing their journey..

Point 9. A pilotage trip is the continuous guidance of a maritime pilot from the boarding point to the disembarkation point of a vessel.

Point 10. One voyage is counted when a vessel enters a maritime area once and leaves it once.

Point 11. Coastal shipping routes to islands include coastal shipping routes from the mainland to islands within Vietnamese waters as prescribed by law..

8. Point 12. The framework for seaport service prices consists of continuous price ranges from the minimum to the maximum for seaport services.

Point 13. Pricing of seaport services shall be based on the following criteria:

Clause 1. Objects subject to pricing for international maritime activities include:

Subpoint a) Vessels departing, arriving, or transiting through maritime areas; foreign vessels operating at Vietnamese seaports;

Subpoint b) Vessels transporting export, import, transit, or in-transit goods in maritime areas;

Article 3. Recipient Subpoint c) Passenger vessels traveling from Vietnam to foreign countries or vice versa; special-purpose vessels operating on international routes entering, leaving, transiting, or mooring in maritime areas;

Subpoint d) Export, import, transit, or in-transit goods being handled, delivered, stored, or moored in maritime areas;

Subpoint e) Passengers of passenger vessels traveling from foreign countries to Vietnam (or vice versa) by sea or inland waterways entering or leaving maritime areas.

Clause 2. Objects subject to pricing for domestic maritime activities include:

Subpoint a) Vessels engaged in domestic maritime activities entering, leaving, transiting, or mooring in maritime areas;

Subpoint b) Cargo and passenger vessels engaged in domestic maritime activities entering, leaving, transiting, or mooring in maritime areas;

Subpoint c) Vessels operating on coastal shipping routes from the mainland to islands within Vietnamese waters;

Subpoint d) Domestic goods being handled, delivered, stored, or moored in maritime areas;

Subpoint e) Special-purpose vessels for oil and gas operations at offshore oil ports, dedicated oil service ports, within the jurisdiction of maritime port authorities.

Clause 3. Public service vessels are specialized vessels used for state public duties without commercial purposes and are not subject to pricing under this Circular.

Clause 4. Vessels entering or leaving ports to avoid storms or to hand over rescued persons at sea without loading or unloading cargo or passengers, confirmed by the maritime port authority; vessels participating in search and rescue, flood prevention, and disaster relief operations upon orders or approval of competent state agencies are not subject to maritime pilotage service prices or bridge, wharf, and mooring buoy usage service prices.

d) Domestic goods that are loaded/unloaded, received/delivered, stored, and moored in maritime areas;

đ) Special-purpose vessels serving the oil and gas industry operating at offshore oil and gas ports, dedicated oil and gas service ports within the jurisdiction of the maritime port authority;

3. Public service vessels are special-purpose vessels used to perform public duties of the State for non-commercial purposes and are not subject to pricing under this Circular;

4. Vessels entering or leaving the port to avoid typhoons or to hand over sea accident victims without loading/unloading cargo or receiving/passing passengers, with confirmation from the maritime port authority in the area; vessels participating in search and rescue operations, flood and storm prevention, disaster relief upon orders or with the approval of competent state agencies are not subject to pilotage service fees and wharf, berth, and buoy mooring service fees;

Article 4. Principles for Determining Port Service Fees

    1. The framework for port service fees is determined through general pricing methods applicable to goods and services in accordance with laws on prices and other relevant laws.

2. Based on current legal provisions governing the management of port service fees, service quality, and market conditions, businesses providing port services shall determine specific fee levels within the established framework pursuant to this Circular.

3. The fee levels specified in the framework set forth in this Circular do not include value-added tax.

4. When calculating service fees, businesses providing port services must use invoices in accordance with the law.

Article 5. Currency for Pricing Services

1. The currency for pricing services is either Vietnamese Dong or US Dollar for pilotage services, usage of wharves, jetties, buoys, container handling services, and tugboat services provided to vessels engaged in international transportation.

2. The currency for pricing services is Vietnamese Dong for pilotage services, usage of wharves, jetties, buoys, container handling services, and tugboat services provided to vessels engaged in domestic transportation.

3. In cases where conversion from US Dollar to Vietnamese Dong is required, it shall be carried out in accordance with the law.

Article 6. Units of Measurement and Rounding rounding off

    1. Unit of measurement for volume: Gross Tonnage (GT) is one of the basic units for calculating port service fees. For vessels without Gross Tonnage, the following conversion methods with the highest volume GT shall apply:

a) Seagoing vessels and inland waterway self-propelled vessels: 1.5 tons of deadweight tonnage equals 1 GT;

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

c) Tugs, pushers, passenger vessels (including seaplanes), 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 engine power indicated: 1 seat for passengers equals 0.67 GT; 1 berth equals 4 GT;

e) In the case of a tugboat convoy, push convoy, or alongside convoy: the total volume of the entire convoy, including barges, tugs, or pushers, shall be calculated.

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.

3. Unit of time:

a) For time units 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 time units 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, those from 0.5 tons or 0.5 m³ onwards 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 that occupy at least 2 m³ per ton, every 2 m³ is counted as 1 ton.

5. Unit of distance for maritime pilotage service fees is nautical miles (NM); fractional parts less than 1 NM are counted as 1 NM.

6. Unit of measurement for fees for using wharves, jetties, and buoys for vessels is meters (m) of wharf, jetty, or buoy; fractional parts less than 1 m are counted as 1 m.

Article 7.  Division of Port Areas

The Vietnamese port area for container handling and tugboat services is divided into three regions as follows:

1. Region I: ports north of the 20th parallel, including the provinces and cities of: Quang Ninh, Hai Phong, Thai Binh, and Ninh Binh.

2. Region II: ports between the 11.5th and 20th parallels, including the provinces and cities of: 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, and Binh Thuan.

    3. Region III: ports south of the 11.5th parallel, including the provinces and cities of: 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, and Tra Vinh.

Chapter II

FRAMEWORK FOR PORT SERVICE FEES FOR MARITIME PILOTAGE, USAGE OF WHARVES, JETTIES, BUOYS, CONTAINER HANDLING, AND TUGBOAT SERVICES

Section 1

FRAMEWORK FOR PORT SERVICE FEES FOR MARITIME PILOTAGE

Article 8. Framework for maritime pilotage service fees for vessels engaged in domestic transportation

Article 9. Framework for the Price of Marine Pilotage Services for International Transport Vessels

1. The framework for the price of marine pilotage services for certain vessel guidance routes and types of vessels is specified as follows:

2. For cases using marine pilotage services outside those specified in Clause 1 of this Article, the price of marine pilotage services shall be calculated as follows:

3. For cases using marine pilotage services as specified in Clause 2 of this Article, vessels with a gross tonnage of 80,000 GT or more (excluding passenger ships and liquid cargo ships), engaged in export, import, or transit, the price of marine pilotage services shall be calculated progressively as follows:

a) For the portion of gross tonnage over 80,000 GT up to 120,000 GT, apply a framework price for marine pilotage services equal to 50% of the price specified in Clause 2 of this Article;

b) For the portion of gross tonnage over 120,000 GT up to 160,000 GT, apply a framework price for marine pilotage services equal to 40% of the price specified in Clause 2 of this Article;

c) For the portion of gross tonnage over 160,000 GT, apply a framework price for marine pilotage services equal to 30% of the price specified in Clause 2 of this Article.

Article 10. Basis for Determining the Price of Marine Pilotage Services

1. The price of marine pilotage services is calculated per guidance service, which is the product of the corresponding service price stipulated in Articles 8 and 9 of this Circular and the distance of the guidance service with the total gross tonnage of the vessel; specifically, for Point 6 of Clause 1 of Article 8 and Point 6 of Clause 1 of Article 9, it is calculated as the product of the corresponding service price and the total gross tonnage of the vessel.

2. In cases where the price of marine pilotage services calculated according to the provisions of Clause 1 of this Article is lower than the minimum price for one guidance service, the minimum price for one guidance service as stipulated in Articles 8 and 9 of this Circular shall be applied.

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

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

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

Article 11. Specific cases for pricing 1. When requesting marine pilotage services, the person requesting the pilot must notify the pilot organization at least 06 hours before the time of requesting the pilot; for offshore oil ports, this notification must be made at least 24 hours before the time of requesting the pilot. In case of changing the time of requesting the pilot or canceling the request, the person requesting the pilot must inform the pilot organization at least 03 hours before the previously scheduled time of requesting the pilot; for offshore oil ports, this period is 08 hours.

2. In case of changing the time of requesting the pilot or canceling the request when the notification to the pilot organization is less than 03 hours before the previously scheduled time, for offshore oil ports it is less than 08 hours, the person requesting the pilot must pay waiting fees according to the price of 30,000 VND/person/hour for domestic activities and 10 USD/person/hour for international activities. For cases including vessels, the price is applied at 200,000 VND/person and vessel/hour for domestic activities and 20 USD/person and vessel/hour for international activities. If the pilot has not yet departed, one hour will be counted; if the pilot has left the departure position, the waiting time will be calculated from the departure time until the pilot returns to the original position, with a minimum of one hour; the pilot only waits at the pick-up location for no more than four hours after the service request time, exceeding this time, the service request is considered canceled, and the person requesting the pilot must pay 80% of the service fee based on the distance of towing requested earlier and the price specified in Articles 8 and 9 of this Circular.

3. After the pilot completes the towing of the ship, if the captain still retains the pilot, additional waiting fees will be charged based on the actual retention time.

4. In case the pilot has boarded the ship but the person requesting the pilot cancels the request, the person requesting the pilot must pay 80% of the service fee based on the distance of towing requested earlier within the price range specified in Articles 8 and 9 of this Circular.

5. Ships that have a voyage to test machinery and equipment or adjust the compass shall apply a price of 110% of the price range specified in Articles 8 and 9 of this Circular.

6. Ships that cannot operate due to technical issues and require tugboats shall apply a price of 150% of the price range specified in Articles 8 and 9 of this Circular.

7. Ships requesting emergency pilots (outside the provisions of Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, and Clause 6 of this Article) shall apply a price of 110% of the price range specified in Articles 8 and 9 of this Circular.

8. In case the pilot has boarded the ship but the ship cannot operate due to force majeure confirmed by the maritime port authority, the pilot service price shall be the minimum price for one towing trip as stipulated in Articles 8 and 9 of this Circular.

9. Ships that do not directly arrive at the destination port but request anchoring along the way (excluding routes that do not run at night), the person requesting the pilot must pay additional costs for the means of transportation in picking up and dropping off the pilot. The price for the pilot transportation service shall not exceed 300,000 VND/ship/trip for domestic ships and 30 USD/ship/trip for international ships.

10. If the ship arrives at the waiting position for the pilot according to the agreed time, approved by the maritime port authority and the pilot organization, but the pilot does not arrive, causing the ship to wait, the pilot organization must pay waiting fees to the ship owner, with waiting fees of 250,000 VND/hour for domestic activities and 100 USD/hour for international activities, based on the actual waiting time.

11. Ships (excluding passenger ships) entering and leaving a maritime area at least 04 times/month/maritime area or more, starting from the fourth trip of the month, shall apply a price of 80% of the pilot service price range specified in Articles 8 and 9 of this Circular, but not lower than 2,000,000 VND for domestic ships and 300 USD for international ships.

12. Passenger ships entering and leaving a maritime area at least 4 times/month/maritime area, starting from the fourth trip of the month, shall apply a price of 50% of the pilot service price range specified in Articles 8 and 9 of this Circular, but not lower than 2,000,000 VND for domestic ships and 300 USD for international ships.

13. International passenger ships with a gross tonnage of 50,000 GT or more entering and leaving a maritime area shall apply a price of 40% of the pilot service price range specified in Articles 8 and 9 of this Circular, but not lower than 300 USD.

14. Ships required to move between piers within the port range according to the request of the port enterprise director shall apply the port pilotage service price range for maritime ships as specified in Articles 8 and 9 of this Circular.

15. Ships operating in entering and leaving a maritime area for fuel, food, fresh water, crew change, repair, demolition, or trial run after repair or construction without loading/unloading cargo or passengers, shall apply a price of 70% of the pilot service price range specified in Articles 8 and 9 of this Circular.

PRICING FRAMEWORK FOR SERVICES USING PIER, DOCK, BUOY ANCHORAGE

Section 2

FRAMEWORK CHARGES FOR THE USE OF PIER, WHARF, AND BUOY MOORING SERVICES

Article 12 Price Framework for Services Using Bridges, Wharves, Mooring Buoys in Maritime Areas for Domestic Transport Vessels, Goods, and Passengers For vessels

Article 13. USD/ton-displacement/hour

1. For vessels moored or anchored at multiple positions within a maritime area of a seaport, the price for bridge, wharf, mooring buoy services is calculated based on the actual time spent at each position.

2. In cases where vessels cannot load/unload due to weather conditions for more than one day (24 consecutive hours) or must yield the bridge to other vessels according to the order of the Port Director, the price for bridge, wharf, mooring buoy services will not be charged during the non-loading/unloading period.

3. For vessels that are not special-purpose vessels serving oil and gas entering oil service wharves to load/unload, points 1, 2, 3, 4, 5 of Section I, Section II of Article 12 and points 1, 2, 3, 4, 5 of Section I, all of Section II of Article 13 of this Circular shall apply.

4. Gross tonnage (GT) is one of the basic units for calculating the price of bridge, wharf, mooring buoy services, including:

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

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

5. The price framework for passenger services passing through bridges, wharves, mooring buoys stipulated in this Article does not apply to children under 12 years old.

PRICE FRAMEWORK

Section 3

CONTAINER HANDLING LOADING/UNLOADING CONTAINERS

Article 15. Framework for container handling service fees domestic

Unit of measurement: VND/container

Article 16. Framework for container handling service fees for import, export, temporary import for re-export, transit, transshipment services in Zone I (not applicable to Lach Huyen Wharf)

1. Framework for container handling service fees for import, export, temporary import for re-export

Unit of measurement: USD/container

2. Framework for container handling service fees for transit, transshipment

Unit of measurement: USD/container

3. Framework for container handling service fees for transferring containers from ship (barge) to port yard and vice versa, applicable for handling containers serving inter-port transportation for export and port transfer, calculated as follows:

Unit of measurement: USD/container

Article 17. Framework for container handling service fees for import, export, temporary import for re-export, transit, transshipment in Zone II

1. Framework for container handling service fees for import, export, temporary import for re-export

Unit of measurement: USD/container

2. Framework for container handling service fees for transit, transshipment

Unit of measurement: USD/container

Article 18. Framework for container handling service fees for import, export, temporary import for re-export, transit, transshipment in Zone III

1. Framework for container handling service fees for import, export, and temporary import for re-export (not applicable to Cai Mep - Thi Vai Wharf and Group 5 Seaports)

Unit of measurement: USD/container

2. Framework for container handling service fees for transit, transshipment (not applicable to Cai Mep - Thi Vai Wharf and Group 5 Seaports)

Unit of measurement: USD/container

3. Framework for container handling service fees for import, export, and temporary import for re-export applicable to Group 5 SeaportsUnit of measurement: USD/container

4. Framework for container handling service fees for transit, transshipment applicable to Group 5 Seaports

Unit of measurement: USD/container

5. Framework for container handling service fees for transferring containers from ship (barge) to port yard and vice versa, applicable for handling containers serving inter-port transportation for export and port transfer, calculated as follows:

Unit of measurement: USD/container

Article 19. Framework for container handling service fees for import, export, temporary import for re-export, transit, transshipment applicable to Lach Huyen Wharf and Cai Mep - Thi Vai Zone

1. Framework for container handling service fees for import, export, and temporary import for re-export

Unit of measurement: USD/container

2. Framework for container handling service fees for transit, transshipment

Unit of measurement: USD/container

3. Framework for container handling service fees for transferring containers from ship (barge) to port yard and vice versa, applicable for handling containers serving inter-port transportation for export and port transfer.

Unit of measurement: USD/container

Article 20. Basis for calculating container handling service fees

1. The container handling service fees stipulated in Articles 15, 16, 17, 18, and 19 of this Circular apply to general cargo containers.

2. Handling service fees for oversized, overweight containers, dangerous goods containers, and special handling, stacking, and storage requirements that incur additional costs shall not exceed 150% of the framework fees specified in Articles 15, 16, 17, 18, and 19 of this Circular. In cases where port enterprises must provide specialized equipment to assist with cargo handling, the service fee for such equipment will be agreed upon by both parties.

3. The service of Ship (Barge) ↔ Barge, truck, railcar at the wharf can only be carried out when the goods comply with customs supervision regulations, weight inspection, and other relevant provisions before loading or unloading onto the ship.

4. For new container routes at Zone II wharfs and wharfs in the Mekong Delta region, port enterprises may apply a framework for container handling service fees equal to 80% of the fees specified in Articles 15, 17, and 18 of this Circular for a period of three years from the date of officially launching the new route.

Section 4

FRAMEWORK FOR TUGGING AND PUSHING SERVICE FEES

Article 21. Price Range for Tugboat Services in Zone I

         1. Price range for tugboat services for domestic transportation vessels

Unit of measurement: VND/hour

2. Price range for tugboat services for international transportation vessels

Unit of measurement: USD/hour

Article 22. Price Range for Tugboat Services in Zone II

1. Price range for tugboat services for domestic transportation vessels

Unit of measurement: VND/hour

2. Price range for tugboat services for international transportation vessels

Unit of measurement: USD/hour

Article 23. Price Range for Tugboat Services in Zone III

1. Price range for tugboat services for domestic transportation vessels

Unit of measurement: VND/hour

2. Price range for tugboat services for international transportation vessels

Unit of measurement: USD/hour

Article 24. Basis for Pricing Tugboat Services

   1. Method of calculating tugboat service prices

          a) The tugboat service provider shall be responsible for providing tugboats with the number and horsepower as stipulated in the port regulations of the relevant maritime zone. The price for one tugboat service is calculated by multiplying the corresponding tugboat service price specified in Articles 21, 22, and 23 of this Circular with the actual tugboat time:

    b) Actual tugboat time is calculated from the moment the tugboat starts assisting the vessel being tugged until the end of such assistance according to the requirements of the master of the vessel being tugged and the marine pilot guiding the vessel. If the actual tugboat time is less than one hour, it may be rounded up to one hour. The maximum actual tugboat time for pricing purposes is two hours. In cases where the tugboat time exceeds two hours, confirmation from the master or the marine pilot is required, and the tugboat price will only be calculated at 10% of the price range for one hour for the entire time exceeding two hours;

    c) In cases where the number and horsepower of the tugboats provided exceed the levels prescribed in the port regulations of the maritime administration in the relevant zone, the tugboat service provider shall base the calculation on the number and horsepower of the tugboats stipulated in the port regulations of the relevant zone and the price range;

d) In cases where the number and horsepower of the tugboats provided exceed the levels prescribed in the port regulations of the relevant zone, upon request of the port authority, pilot, master, or shipping company, the tugboat service provider shall base the calculation on the actual number and horsepower of the tugboats and the price range to determine the tugboat service price;

đ) 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 other areas;

e) In cases where the tugboat service does not meet the needs of vessels entering the port area, the tugboat service provider must mobilize tugboats from other areas to the tugboat location, the price shall be agreed between both parties but shall not exceed 70% of the price range for tugboat services as stipulated in this Circular and based on the actual mobilization time;

g) In cases where the tugboat service provider cannot meet the required horsepower as stipulated in the port regulations and must use two or more tugboats, the tugboat service price shall be calculated based on the price range corresponding to the horsepower of the tugboats as stipulated in 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 for tugboat services specified in Articles 21, 22, and 23 of this Circular.

3. In cases where the tugboat arrives at the designated position to meet the vessel to be towed at the requested time and is approved by the maritime administration, but the vessel to be towed has not arrived causing the tugboat to wait, the tugboat service user must pay an additional waiting fee equal to 50% of the price range specified in Articles 21, 22, and 23 of this Circular 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 and is approved by the maritime administration, but the vessel to be towed is not ready for mobilization causing the tugboat to return to its starting position or switch to another activity, the tugboat service user must pay 50% of the price range specified in Articles 21, 22, and 23 of this Circular and based on the actual mobilization time.

Chapter III

IMPLEMENTATION

Article 25. Effective Date

1. This Circular takes effect from February 15, 2024.

2. Repeal Circular No. 54/2018/TT-BGTVT dated November 14, 2018 issued by the Minister of Transport regarding the price range for pilotage services and the use of berths, piers, buoys, container handling services, and tugboat services at Vietnamese seaports.

Article 26. Implementation

1. The Vietnam Maritime Administration is responsible for organizing the implementation of this Circular.

2. In cases where factors affecting the price change may result in the port service price being lower than the minimum price or higher than the maximum price in the price range specified in this Circular, the port service provider shall prepare a pricing plan and submit it to the Vietnam Maritime Administration. The Vietnam Maritime Administration shall be responsible for reviewing the pricing plan, reporting, and recommending the Ministry of Transport to consider and decide.

3. The Director of the Office, the Inspector General of the Ministry, the Heads of Departments, the Directors of the Vietnam Maritime Administration, the Heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Circular./.