Consolidated Document number 40/VBHN-BGTVT stipulates the mechanism and policies for managing service prices at Vietnamese seaports.

CIRCULAR

Regulations on the mechanism and policies for managing service prices at Vietnamese seaports

Circular No. 12/2024/TT-BGTVT dated May 15, 2024, issued by the Minister of Transport, stipulates the mechanism and policies for managing service prices at Vietnamese seaports, which shall take effect from July 1, 2024, has been amended and supplemented by:

Circular No. 31/2024/TT-BGTVT dated October 30, 2024, issued by the Minister of Transport, amending and supplementing certain provisions of Circular No. 12/2024/TT-BGTVT dated May 15, 2024, issued by the Minister of Transport, stipulating the mechanism and policies for managing service prices at Vietnamese seaports, which shall take effect from January 15, 2025.

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

Pursuant to the Price Law dated June 19, 2023;

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

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

The Minister of Transport issues this Circular stipulating the mechanism and policies for managing service prices at Vietnamese seaports.[1]

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1.[2] Scope of application: This Circular stipulates the mechanism and policies for managing service prices at Vietnamese seaports, including: maximum price for maritime pilotage services; price range for using wharves, berths, mooring buoys; price range for container handling services; price range for towing services for ships; regulations on the economic and technical characteristics of services at seaports to be declared for pricing.

2. Applicability: 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.

Article 2. Interpretation of Terms

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

1. Special-purpose vessels for oil and gas operations are vessels serving exploration, exploitation of oil and gas or performing activities related to oil and gas services.

2. Towage vessel is a vessel designed, inspected, and registered to operate towing and support services for ships entering, leaving, or mooring at wharves, berths, or mooring buoys.

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

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

5. Transit goods are goods transported from abroad to Vietnamese seaports and stored in the transit area of the seaport for a certain period before being loaded onto other vessels for transportation out of Vietnam..

6. Through goods are goods with the place of dispatch (origin) and the place of receipt (destination) outside the territory of Vietnam, passing through Vietnamese seaports directly or being transshipped through Vietnamese seaports or warehoused for onward transportation.

7. A ship lead is the continuous piloting of a ship from the boarding point to the disembarkation point according to regulations.

8. One voyage is counted when a vessel enters the maritime zone once and leaves the maritime zone once.

9. Inland waterway transport routes from the mainland to islands include inland waterway transport routes from the mainland to islands in Vietnamese waters published in accordance with the law.

10.[3] Seaport services are services provided by service enterprises or marine transport enterprises or their representatives to serve the transportation of goods and passengers through seaports, charging service fees from customers.

Article 3. Objects subject to pricing of seaport services

1. Objects subject to pricing of seaport services for international maritime activities, including:

a) Ships entering, exiting, or transiting through, departing from, or mooring in the maritime zone; foreign ships operating in Vietnamese waters but not within seaport waters;

b) Ships transporting export, import, transit, or through goods operating in the maritime zone;

c) Ships transporting passengers from Vietnam to abroad or from abroad to Vietnam; special-purpose ships operating on international routes entering, exiting, transiting through, or mooring in the maritime zone;

d) Export, import, through, or transit goods being loaded/unloaded, received/delivered, stored, or moored in the maritime zone;

đ) Passengers of passenger ships arriving in Vietnam from abroad (or vice versa) by sea or inland waterways entering or leaving the maritime zone.

2. Objects subject to pricing of seaport services for domestic maritime activities, including:

a) Ships engaged in domestic maritime activities entering, exiting, transiting through, or mooring in the maritime zone;

b) Ships transporting goods or passengers engaged in domestic maritime activities entering, exiting, transiting through, or mooring in the maritime zone;

c) Ships operating on inland waterway transport routes from the mainland to islands;

d) Domestic goods being loaded/unloaded, received/delivered, stored, or moored in the maritime zone;

đ) Special-purpose vessels for oil and gas operations operating at offshore oil and gas ports or dedicated oil and gas ports within the jurisdiction of the maritime port authority.

3. Public service vessels are not subject to pricing under the provisions of this Circular.

4. Ships entering or leaving the port to avoid typhoons or to hand over rescued persons at sea without loading or unloading cargo, with confirmation from the maritime port authority in the area; ships participating in search and rescue, flood prevention, and disaster relief operations upon orders or with the approval of competent state authorities are not subject to pricing for maritime pilotage services and wharf, berth, or mooring buoy services.

Article 4. Method for Determining the Price of Services at Seaports

Based on current laws governing the management of service prices at seaports, the quality of services, and market conditions, enterprises providing services at seaports shall determine specific price levels that do not exceed the maximum price for maritime pilotage services or fall within the price range for services using wharves, berths, mooring buoys; container handling services; and towing services at seaports, as decided by the Minister of Transport.

Article 5. Currency for Pricing Services at Seaports

1. The currency for pricing services is either Vietnamese Dong or US Dollar for maritime pilotage services, services using wharves, berths, mooring buoys, container handling services, and towing services provided to international maritime vessels.

2. The currency for pricing services is Vietnamese Dong for maritime pilotage services, services using wharves, berths, mooring buoys, container handling services, and towing services provided to domestic maritime vessels.

3. In cases where the currency is converted from US Dollar to Vietnamese Dong, it shall be carried out in accordance with the provisions of the law.

Article 6. Units of Measurement and Rounding Methods

1. Unit of measurement for gross tonnage: Gross tonnage (GT) is one of the basic units for calculating service prices at seaports. For vessels without recorded gross tonnage, the conversion method with the highest gross tonnage shall be selected as follows:

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

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

c) Tugboats, push boats, passenger ships (including hydrofoils), 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 recorded engine power: 1 seat reserved for passengers equals 0.67 GT; 1 berth equals 4 GT;

đ) In the case of tugboat groups, pushboat groups, or alongside docking groups: calculated based on the total gross tonnage of the entire group, including barges, tugs, or pushers.

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 respectively.

3. Unit of time:

a) For units of time 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 units of time 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, from 0.5 tons or 0.5 m³ upwards 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 where each ton occupies 2 m³ or more, every 2 m³ is counted as 1 ton.

5. Unit of distance for pricing maritime pilotage services is nautical miles (NM); fractions less than 1 NM are counted as 1 NM.

6. Unit of measurement for pricing services using wharves, berths, and mooring buoys for vessels is meters (m) of wharf, berth, or mooring buoy; fractions less than 1 m are counted as 1 m.

Article 7. Division of Areas

The pricing area for container handling services and towing services is divided into three areas as follows:

1. Area I: includes seaports north of the 20th parallel and seaports from Quang Ninh to Nam Dinh.

2. Area II: includes seaports between the 11.5th parallel and below the 20th parallel and seaports: 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, Binh Thuan.

3. Area III: includes seaports south of the 11.5th parallel and seaports: 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, Tra Vinh.

Chapter II. SEAPORT SERVICE PRICES

Article 8. Price of Marine Pilotage Services

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

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

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

2. When requesting marine pilotage services, the person requesting the pilot must notify the pilot organization at least six hours before the requested time; for offshore oil ports, this notification must be made at least twenty-four hours before the requested time. In case of changing the requested time for pilotage or canceling the request, the person requesting the pilot must inform the pilot organization at least three hours before the previously scheduled time; for offshore oil ports, this period is eight hours.

3. If the pilot completes the vessel's guidance and the captain retains the pilot on board, additional waiting fees will be charged based on the actual retention time.

4. If the pilot has boarded the vessel but the person requesting the pilot cancels the request, the person requesting the pilot must pay eighty percent of the service fee calculated based on the distance of the previously requested pilotage.

5. Vessels with a voyage to test machinery and equipment, calibrate compasses shall be charged at 110% of the maximum price according to the decision of the Minister of Transport.

6. Vessels unable to operate due to technical issues and requiring tug assistance shall be charged at 150% of the maximum price according to the decision of the Minister of Transport.

7. Vessels requesting emergency pilotage shall be charged at 110% of the maximum price according to the decision of the Minister of Transport.

8. Vessels required to move between piers within the port area according to the request of the port director shall be charged according to the price of intra-port pilotage service.

9. Vessels operating in and out of maritime areas for fuel, food, fresh water supply, crew change, repair, demolition, or testing after repair or construction without loading or unloading cargo, or picking up or dropping off passengers, shall be charged at 70% of the maximum price according to the decision of the Minister of Transport.

Article 9. Price of Using Berths, Piers, Mooring Buoys

1. For vessels moored or tied up at multiple locations within a maritime area of a seaport, the price of using berths, piers, and mooring buoys is calculated based on the total actual time spent at each location.

2. In cases where vessels cannot load/unload goods due to weather conditions for more than one day (twenty-four consecutive hours) or must yield berths to other vessels upon the directive of the Port Director, the price of berths, piers, and mooring buoys will not be charged during the non-operational period.

3. Gross Tonnage (GT) is one of the basic units for calculating the price of using berths, piers, and mooring buoys, wherein:

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

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

Article 10. Price of Container Handling Services

1. The price for handling services of oversized, overweight containers, dangerous goods containers, and special handling, stacking, and storage requirements containers that incur additional costs shall not exceed 150% of the price range set forth in the decision of the Minister of Transport. In cases where port enterprises need to arrange additional specialized equipment to support cargo handling, the price of such equipment shall be agreed upon by both parties.

2. The service of Ship (Barge) ↔ Barge, truck, railcar at the wharf can only be carried out when the goods have met the customs supervision, weight inspection, and other regulations stipulated before loading or unloading onto ships.

3. For new container routes at ports in Zone II and the Mekong Delta region, port enterprises are permitted to apply a price range for container handling services equal to 80% of the price range set forth in the decision of the Minister of Transport for a period of three years from the date of officially opening the new route.

Article 11. Price of Tugboat Services

1. Calculation Method for Tugboat Service Prices

a) Actual tugboat time is calculated from the moment the tugboat begins assisting the towed vessel until the end of the assistance according to the captain's and pilot's requirements. 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. If the tugboat time exceeds two hours, confirmation from the captain or pilot is required, and the tugboat fee will only be calculated at 10% of the price range for one hour for the excess time over two hours;

b) In cases where the number and power of the tugboats provided exceed the minimum level specified in the port regulations of the maritime port authority, the tugboat service provider shall base the calculation on the minimum number and power of tugboats specified in the port regulations and the price range set forth in the decision of the Minister of Transport;

c) In cases where the number and power of the tugboats provided exceed the minimum level specified in the port regulations of the maritime port authority based on the request of the port authority, pilot, captain, or shipping company, the tugboat service provider shall base the calculation on the actual number and power of the tugboats and the price range set forth in the decision of the Minister of Transport;

d) 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 another area;

đ) 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 another area to the tugboat location, the price shall be agreed upon by both parties but shall not exceed 70% of the price range set forth in the decision of the Minister of Transport and based on the actual mobilization time;

e) In cases where the tugboat service provider cannot meet the required power as stipulated in the port regulations and must use two or more tugboats, the tugboat service price for ocean-going vessels shall be calculated based on the price range set forth in the decision of the Minister of Transport corresponding to the minimum power 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 set forth in the decision of the Minister of Transport.

3. In cases where the tugboat arrives at the designated location to meet the vessel to be towed at the requested time and approved by the port authority, 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 set forth in the decision of the Minister of Transport and based on the actual waiting time.

4. In cases where the tugboat arrives at the designated location to meet the vessel to be towed at the requested time and approved by the port authority, but the vessel to be towed is not ready for mobilization, causing the tugboat to return to its starting point or switch to other activities, the tugboat service user must pay 50% of the price range set forth in the decision of the Minister of Transport and based on the actual mobilization time.

Article 11a. Detailed names and specific types of services at seaports subject to price declaration [4]

1. Marine pilotage.

2. Use of bridges, wharfs, and mooring buoys.

3. Loading and unloading containers.

4. Towing of seagoing vessels.

5. Loading and unloading other goods, including dry cargo, bulk cargo, liquid cargo.

6. Securing and unsecuring of seagoing vessels.

7. Storage of goods at port warehouses, including container storage, dry cargo storage, bulk cargo storage, liquid cargo storage.

8. Counting, packing, and unpacking of goods at ports.

9. Issuing and providing container transport documents for containers transported through seaports.

10. Sealing and unsealing of containers transported through seaports.

11. Cleaning of containers, applicable when goods dirty the container resulting in container cleaning service.

12. Environmental sanitation, including collection, sorting, and disposal of waste generated from vessel activities at ports.

Chapter III. IMPLEMENTATION

Article 12. Effective Date [5]

1. This Circular takes effect from July 1, 2024.

2. Repeal Circular No. 39/2023/TT-BGTVT dated December 25, 2023 issued by the Minister of Transport on the framework pricing for marine pilotage and services using bridges, wharfs, and mooring buoys, container loading and unloading services, and towing services at Vietnamese seaports.

Article 13. Responsibility for Implementation

1. [6]Responsibilities of the Vietnam Maritime Administration:

a) Responsible for organizing and implementing this Circular. In cases where changes in factors forming prices may result in port service prices being lower than the minimum price or higher than the maximum price as decided by the Minister of Transport, the Vietnam Maritime Administration will organize a price assessment, report to the Ministry of Transport for consideration and adjustment according to regulations;

b) Implement the receipt of price declaration documents in accordance with this Circular and related legal documents;

c) Regularly conduct comprehensive reviews of the list of enterprises declaring prices, reporting to the Ministry of Transport before December 5 each year;

d) Organize the implementation of inspections on compliance with laws and regulations regarding port service prices.

2. The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, Directors of the Vietnam Maritime Administration, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.

[1] Circular No. 31/2024/TT-BGTVT amending and supplementing some articles of Circular No. 12/2024/TT-BGTVT dated May 15, 2024 of the Minister of Transport on the mechanism and policies for managing port service prices in Vietnam is based on the following:

"Pursuant to the Vietnam Maritime Code dated November 25, 2015;

Pursuant to the Price Law dated June 19, 2023;

Pursuant to Decree No. 85/2024/NĐ-CP dated July 10, 2024 of the Government detailing certain provisions of the Price Law;

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

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

The Minister of Transport issues this Circular amending and supplementing some articles of Circular No. 12/2024/TT-BGTVT dated May 15, 2024 of the Minister of Transport on the mechanism and policies for managing port service prices in Vietnam."

[2] This Clause is amended and supplemented pursuant to Clause 1 of Article 1 of Circular No. 31/2024/TT-BGTVT amending and supplementing some articles of Circular No. 12/2024/TT-BGTVT dated May 15, 2024 of the Minister of Transport on the mechanism and policies for managing port service prices in Vietnam, which shall take effect from January 15, 2025.

[3] This Clause is added pursuant to Clause 2 of Article 1 of Circular No. 31/2024/TT-BGTVT amending and supplementing some articles of Circular No. 12/2024/TT-BGTVT dated May 15, 2024 of the Minister of Transport on the mechanism and policies for managing port service prices in Vietnam, which shall take effect from January 15, 2025.

[4] This provision is added pursuant to Clause 3, Article 1 of Circular No. 31/2024/TT-BGTVT amending and supplementing certain articles of Circular No. 12/2024/TT-BGTVT dated May 15, 2024, issued by the Minister of Transport regarding mechanisms and policies for managing service fees at Vietnamese seaports, which shall take effect from January 15, 2025.

[5] Article 2 of Circular No. 31/2024/TT-BGTVT amending and supplementing certain articles of Circular No. 12/2024/TT-BGTVT dated May 15, 2024, issued by the Minister of Transport regarding mechanisms and policies for managing service fees at Vietnamese seaports, which shall take effect from January 15, 2025, provides as follows:

“Article 2. Effective Date

1. This Circular shall take effect from January 15, 2025.

2. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Maritime Administration, the Heads of agencies, organizations, and individuals concerned shall be responsible for implementing this Circular./”

[6] This clause is amended and supplemented pursuant to Clause 4, Article 1 of Circular No. 31/2024/TT-BGTVT amending and supplementing certain articles of Circular No. 12/2024/TT-BGTVT dated May 15, 2024, issued by the Minister of Transport regarding mechanisms and policies for managing service fees at Vietnamese seaports, which shall take effect from January 15, 2025.