Decision No. 62/2003/QD-BTC Issuing the Schedule of Maritime Fees and Charges for Domestic Waterway Transport Vessels and Special Maritime Fees and Charges

Pursuant to …;

OF THE MINISTER OF FINANCE
Issuing the schedule of maritime fees and charges for domestic inland waterway vessels and special maritime fees and charges

THE MINISTER OF FINANCE

Based on the Vietnam Maritime Code Male issued on 30/6/1990;

Based on the Ordinance on Fees and Charges No. 38/2001/PL-UBTVQH10 dated 28/8/2001;

Pursuant to Decree No. 86/2002/NĐ-CP dated 05/11/2002 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

Pursuant to Decree No. 178/CP dated 28/10/1994 of the Government regarding the tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to the Decree No. 57/2002/NĐ-CP dated 03/6/2002 of the Government detailing the implementation of the Ordinance on Fees and Charges;

Pursuant to the proposal of the Ministry of Transport at Circular No. 1665/GTVT-PC dated April 24, 2003, and the proposal of the Director of the Enterprise Financial Department,

DECISION:

Article 1. This Decision hereby issues the schedule of maritime fees and charges for domestic inland waterway vessels and special maritime fees and charges.

Article 2. The agency entrusted with the task of organizing the collection of maritime fees and charges shall be responsible for collecting such fees and charges and may retain a percentage (%) of the total amount collected before remitting it to the State budget according to the following provisions:

a. The Harbor Supervision Authority shall collect tonnage dues; anchorage fees at ports, bays, and harbors; fees for the use of bridges, wharves, and buoys funded by the State budget and managed by the harbor supervision authority; port entry and exit fees; certification fees (marine protest fees), and may retain 35% of the total amount collected. The Vietnam Maritime Administration is authorized to adjust the retained funds among units of the harbor supervision authority.

b. The Vietnam Marine Safety Assurance Agency shall collect marine safety assurance fees and may retain 100% of the total amount collected.

c. Marine Pilot Companies shall collect pilotage fees and implement financial regulations currently in effect.

The management and use of the retained amounts as specified in points a, b, and c of this Article shall be carried out in accordance with guidelines from the Ministry of Finance.

Article 3. Anchorage fees at ports and bays, fees for the use of bridges, wharves, and buoys not funded by the State or funded by the State but transferred to port enterprises, and marine safety assurance fees for dedicated channels operated by enterprises shall be implemented based on accounting principles and financial autonomy, including value-added tax.

Article 4. This Decision takes effect from May 15, 2003; Decisions No. 48/2001/QĐ-BTC dated May 28, 2001 of the Ministry of Finance, No. 86/2000/QĐ-BVGCP, and No. 87/2000/QĐ-BVGCP dated November 10, 2000 of the Government Price Control Board, and other provisions inconsistent with this Decision are hereby abolished.

Article 5. Organizations and individuals subject to the payment of maritime fees and charges; agencies and organizations collecting maritime fees and charges, and related units are responsible for implementing this Decision.

Schedule of maritime fees and charges for

domestic inland waterway vessels and special maritime fees and charges

(Annexed to Decision No. 62/2003/QĐ-BTC
dated 25/4/2003 Port Authority Name

A. GENERAL PROVISIONS

I. UNIT OF MARITIME FEES AND CHARGES CALCULATION:

The currency for collecting maritime fees and charges for domestic inland waterway vessels is the Vietnamese Dong.

II. UNIT OF MARITIME FEES AND CHARGES CALCULATION AND ROUNDING METHOD:

The calculation of maritime fees and charges is based on gross tonnage (GROSS TONNAGE - GT); main engine power is calculated in horsepower (HORSE POWER - HP) or kilowatts (KW) of the vessel; time is calculated in hours or days; distance is calculated in nautical miles, specifically:

1. Unit of tonnage:

1.1. For dry cargo vessels (including containers) - DRY CARRIERS: The tonnage for calculating maritime fees and charges is the highest gross tonnage (GT) recorded in the certificate of inspection.

1.2. For liquid cargo tankers - LIQUID CARGO TANKERS: The tonnage for calculating maritime fees and charges is 85% of the highest gross tonnage (GT) recorded in the certificate of inspection, regardless of whether the vessel has ballast tanks or separation tanks.

1.3. For vessels entering and leaving ports to carry passengers, repair, or dismantle: The tonnage for calculating maritime fees and charges is 50% of the highest gross tonnage (GT) recorded in the certificate of inspection.

1.4. For vessels without recorded gross tonnage, the tonnage for calculating maritime fees and charges is converted as follows:

- Cargo vessels:     1.5 tons of registered tonnage equals 1 GT.

- Tugboats, pusher boats:       1 HP equals 0.5 GT.

- Barges:                      1 ton of registered tonnage equals 1 GT.

1.5. For barges and tugboats (or pusher boats) fleets: The tonnage for calculating maritime fees and charges is the total gross tonnage of the entire fleet.

2. Unit of engine power: Horsepower (HP) or kilowatts (KW); fractions less than 1 HP (or KW) are rounded up to 1 HP (or KW).

3. Unit of time:

- 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.

- 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. Distance for maritime fees: Nautical miles; fractional parts less than one nautical mile are counted as 1 nautical mile. The unit for calculating bridge and wharf fees for vessels is meters, fractional parts less than one meter are counted as 1 meter.

III. DIVISION OF PORT AREAS:

Area 1: Ports located north of the 20th parallel.

Area 2: Ports located between the 11.5th and 20th parallels.

Area 3: Ports located south of the 11.5th parallel.

IV. DEFINITION OF TERMS:

Some terms in this Decision are understood as follows:

1. Export goods (including containers): Goods with the place of origin in Vietnam and the destination abroad.

2. Import goods (including containers): Goods with the place of origin abroad and the destination in Vietnam.

3. Vessels: Includes ocean-going ships, river vessels, and other types of vessels, boats, and means of transportation (regardless of whether they have engines or not) operating on the sea and related waters of Vietnam.

4. Construction vessels: Vessels specifically used for construction projects on water.

5. International transport: Transport of goods, containers, and passengers from Vietnam to foreign countries and vice versa, transit transport, transshipment, and transport into or out of export processing zones.

6. Domestic transport: Transport of goods and passengers between Vietnamese ports.

7. Voyage: A vessel's arrival at a port and departure from the same port counts as one voyage.

B. SCHEDULE OF MARITIME FEES AND CHARGES FOR DOMESTIC INLAND WATERWAY VESSELS

I. APPLICABLE OBJECTS:

The maritime fee and charge schedule for domestic inland waterway vessels is prescribed for the following entities:

1. Organizations and individuals owning inland waterway vessels transporting goods and passengers between Vietnamese ports that actually enter, depart from, or anchor in maritime areas and waters within Vietnamese seaports.

2. Vessels of armed forces, police, customs, and port authorities when performing official duties are not subject to this Decision (in cases of economic activities or cargo chartering, they must pay maritime fees and charges as stipulated in this Decision).

1. Provisions on HIV screening tests:

1. Tonnage Fee:

1.1. Inland waterway vessels entering or leaving Vietnamese seaports must pay the tonnage fee at the rate as follows:

- Entry: 250 dong/GT

- Departure:  250 dong/GT

1.2. Inland waterway vessels entering or leaving seaports solely to refuel, obtain food, fresh water, or change crew without loading or unloading cargo or receiving or delivering passengers shall be charged at a rate equal to 70% of the rate specified in Point 1.1 of this Section.

1.3. Inland waterway vessels moored only at buoys, anchorages, or bays during the entire period of unloading shall be charged at a rate equal to 50% of the rate specified in Point 1.1 of this Section.

1.4. Inland waterway vessels transporting goods and passengers that enter or leave a port within the same maritime area under the management of a single port authority more than four times in a month shall be charged at a rate equal to 50% of the rate applicable to the same case starting from the fifth trip in that month.

1.5. The following cases are exempted from the tonnage fee:

- Inland waterway vessels entering or leaving ports to avoid typhoons, rescue patients, without loading or unloading cargo or receiving or delivering passengers.

- Fishing vessels and Vietnamese sailing yachts.

1.6. For each entry or departure of an inland waterway vessel that simultaneously falls under multiple charging rates, the lowest rate shall apply.

2. Maritime Security Fee:

2.1. Inland waterway vessels entering or leaving Vietnamese seaports must pay the maritime security fee as follows:

2.1.1. Inland waterway vessels with a gross tonnage of up to 2,000 GT:

- Entry:  250 dong/GT.

- Departure:   250 dong/GT.

2.1.2. Inland waterway vessels with a gross tonnage of over 2,001 GT:

- Entry:  500 dong/GT.

- Departure:   500 dong/GT.

2.2. Inland waterway vessels transporting goods and passengers that enter or leave a port within the same maritime area under the management of a single port authority more than four times in a month shall be charged at a rate equal to 70% of the rate applicable to the same case starting from the fifth trip in that month.

2.3. Inland waterway vessels arriving at a maritime position permitted to receive oil, fresh water, food, or change crew for patient rescue shall be charged at a rate equal to 70% of the rate specified in Point 2.1 above.

2.4. The maritime security fee is not collected in the following cases:

River vessels, including tugboats, push boats, sea barges, and LASH barges belonging to river transport means that have already paid the river security fee are exempted from paying the maritime security fee.

2.5. For each entry or departure of an inland waterway vessel that simultaneously falls under multiple charging rates, the lowest rate shall apply.

3. Pilotage Fee:

3.1. Inland waterway vessels entering or leaving Vietnamese seaports shall be charged the pilotage fee as follows:

Entry: 20 dong/GT- HL

Departure:   20 dong/GT- HL

Minimum Charge  300,000 dong

Bridge Movement: 60 dong/GT

Minimum Charge:  200,000 dong

3.2. Pilotage Fee for Certain Routes:

a. Route from Định An through the Sông Hậu Channel

Entry:  25 dong/GT- HL

Departure:   25 dong/GT- HL

Minimum Charge 1,500,000 dong

Within Port: 60 dong/GT    Minimum Charge: 

b. Route guiding vessels in the offshore oil rig area:   200,000 dong

Arrival: 

120 dong/GT Departure: 

c. Route guiding vessels in Kiên Giang Area:  Departure: 

Bình Trị, Hòn Chông Area: 30 dong/GT- HL

Phú Quốc Area: 

40 dong/GT- HL  d. Route from Gềnh Rái Bay to Cái Mép on the Thị Vải River:

Entry: 40 dong/GT- HL

e. Route Cửa Lò, Xuân Hải, Bến Thuỷ (Nghệ Tĩnh Port Area):

Departure:  d. Route from Gềnh Rái Bay to Cái Mép on the Thị Vải River:

Entry: 

55 dong/GT- HL Minimum Charge for Each Guiding Trip: 500,000 dong

Departure:  Minimum Charge for Each Guiding Trip: 500,000 dong

f. Route Đầm Môn Port (Vân Phong Bay):

30 dong/GT- HL

Entry:  Each Guiding Trip: 

Departure:   Each Guiding Trip: 

b. Route guiding vessels in the offshore oil rig area:

Each Movement Within Port:         300,000 dong

g. Route from Buoy O to Nghi Sơn Port (Thanh Hoá), Chân Mây, Dung Quất, Vũng Áng:    200,000 dong

50 dong/GT

Entry:  Minimum Charge for Each Guiding Trip: 500,000 dong

Departure:   Minimum Charge for Each Guiding Trip: 500,000 dong

b. Route guiding vessels in the offshore oil rig area:  500,000 VND

Within Port: 60 dong/GT    3.3. When requesting a pilot, the shipowner must notify the pilot six hours in advance. If the time is changed or the request is canceled, the shipowner must inform the pilot three hours in advance; if the deadline is exceeded, the shipowner must pay waiting fees at the rate:

b. Route guiding vessels in the offshore oil rig area:    200,000 dong

Pilot: 20,000 dong/person-hour.

Pilot and Vessel:

200,000 dong/hour           Waiting time calculation is as follows:

a. If the pilot has not left the departure point: One hour is counted.

b. If the pilot has left the departure point: Waiting time is calculated from the departure time until the pilot returns to the original position.

c. If the pilot waits at the pick-up location for no more than four hours, the request for a pilot is considered canceled beyond that time; if the pilot has boarded the vessel but the shipowner cancels the request, the shipowner must pay the pilot fee according to the requested route and the rate specified in Points 3.1 and 3.2 of this Section.

d. If the pilot has completed the guiding work and the captain retains the pilot, additional waiting fees will be charged based on the number of hours retained.

3.4. For inland waterway vessels on a voyage to test machinery and equipment or adjust the compass, the charge shall be 110% of the rate specified.

3.5. For sea vessels unable to operate due to technical issues, the charge shall be 150% of the rate specified based on the actual distance traveled.

3.6. For inland waterway vessels that do not proceed directly to the destination port but request anchoring en route (excluding routes where night navigation is prohibited), the shipowner must pay additional costs for the vessel's transportation of the pilot.

3.7. If the inland waterway vessel arrives at the pilot waiting location at the correct time as requested by the shipowner's representative and approved by the port authority and the pilot, but the pilot does not arrive causing the vessel to wait, the pilot must pay the vessel waiting fees at the rate of 230,000 dong/hour based on the actual waiting time.

3.8. If the pilot arrives at the location but the inland waterway vessel cannot operate due to force majeure (confirmed by the port authority), no pilotage fee will be charged.

4. Anchorage Fee in Harbors and Bays:

Inland waterway vessels anchored in harbors or bays must pay the usage fee for the anchorage position at the rate of 4 dong/GT-hour.

5. Fee for Using Piers, Wharves, and Mooring Buoys in Seaport Areas:

Inland waterway vessels moored at piers must pay the fee at the rate of 15 dong/GT-hour.

Inland waterway vessels moored at buoys must pay the fee at the rate of 10 dong/GT-hour.  6. Port Entry and Exit Fees:

6.1. Inland waterway vessels entering or leaving Vietnamese seaports must comply with state management procedures as prescribed by Vietnamese law and pay the port entry and exit fees as follows:  (dong/trip)

Wooden passenger boats and self-propelled barges with a gross tonnage of up to 200 tons 20,000

6.1. Vessels entering or leaving Vietnamese seaports must comply with state management procedures as prescribed by Vietnamese law and must pay port fees for entry and exit as follows:

No.        Type of vehicle           Rate of Collection

(VND/trip)

1. Vessels, small wooden passenger boats, and self-propelled barges with a tonnage of up to 200 tons: 20,000

2. Vessels with a gross tonnage under 200 GT, inland river transport barges fleets (including tugboats, towboats, pusher boats).      30.000

3. Vessels with a gross tonnage from 200 GT to less than 1000 GT.    50.000

4. Vessels with a gross tonnage from 1000 GT to less than 5000 GT.  100.000

5. Vessels with a gross tonnage over 5000 GT.    200.000

6.2. Notarial fee (maritime protest): 100,000 VND per occurrence.

C. SPECIAL MARITIME FEES AND CHARGES:

I. APPLICABLE OBJECTS:

Special maritime fees and charges shall be applied to the following entities:

1. Vessels (including leased vessels) owned by organizations and individuals of Vietnam (except in cases where foreign flags are flown) and foreign-invested enterprises operating under the Law on Foreign Investment in Vietnam for international transportation.

2. Vessels owned by Vietnamese organizations and individuals leased to foreign organizations and individuals for international transportation.

3. Special-purpose vessels that Vietnam has not yet been able to produce (including crude oil carriers, liquefied gas carriers, bulk cement carriers) and other vessels of types that Vietnam has not yet been able to produce, which are leased by Vietnamese organizations and individuals from abroad for international transportation.

4. Vessels (regardless of whether they belong to foreign organizations and individuals or Vietnamese organizations and individuals) transporting export, import, and transit goods for principals who are enterprises operating under the Law on Foreign Investment in Vietnam (excluding domestically produced goods transported and consumed domestically).

The entities subject to special cases as stipulated in this section must present verification documents to the fee collection agency as required by the Vietnam Maritime Administration.

II. SPECIFIC PROVISIONS:

1. The level of maritime fees applicable to the entities specified in Section I of this part is as follows:

1.1. Gross Tonnage Fee:

Entry: 0.05 USD/GT.

Departure: 0.05 USD/GT.

1.2. Maritime Security Fee:

Unit of measurement: USD/GT

No.        Type of ship            Zone 1 and Zone 3            Zone 2

1. Vessels (excluding LASH vessels)                    

            - Entry        0,14     0,11

            - Departure         0,14     0,11

2. LASH Vessels                

1. Supplementing Point 6a following Article 6 of Circular No. 02/2019/TT-BVHTTDL dated July 5, 2019 of the Minister of Culture, Sports and Tourism on the procedures for legal expertise regarding copyright and related rights as follows:         Mother vessel              

            - Entry        0,05     0,04

            - Departure         0,05     0,04

b.         Barges        (Only charged when the barges leave the mother vessel and travel on the channel)

            - Entry        0,08     0,05

            - Departure         0,08     0,05

2. Method of determining maritime fees and charges for the entities specified in Section I of this part is as follows:

2.1. In the case of exporting goods at multiple Vietnamese ports:

- The departure from the last port of loading and unloading applies the rate for international transportation vessels.

- The arrival and departure at previous ports apply the rate for domestic transportation vessels.

2.2. In the case of importing goods and then receiving goods for domestic transportation:

- Arrival at the discharge port applies the rate for international transportation vessels.

- Departure applies the rate for domestic transportation vessels.

2.3. In the case of discharging domestic goods and then receiving goods for export:

- Arrival applies the rate for domestic transportation vessels.

- Departure applies the rate for international transportation vessels.

2.4. In the case of discharging imported goods at multiple Vietnamese ports (including those without receiving goods for domestic transportation):

- Arrival at the first discharge port applies the rate for international transportation vessels.

- Departure at the first discharge port and subsequent ports applies the rate for domestic transportation vessels.

3. Time for calculating anchorage fees in harbors and bays; fees for using bridges, wharves, and mooring buoys for the entities specified in Section I of this part is as follows:

3.1. In the case of discharging imported goods:

- The period from the time the vessel enters the port until the end of the import operation: applies the rate for international transportation vessels.

- The period from the end of the import operation onwards: applies the rate for domestic transportation vessels.

3.2. In the case of discharging domestic goods or entering the port empty to load export goods:

- During the time the vessel is in the port but has not yet loaded goods: applies the rate for domestic transportation vessels.

- The period from the start of loading to departure: applies the rate for international transportation vessels.

4. Foreign construction vessels entering and leaving Vietnam's territorial waters for construction operations will be charged maritime fees and charges as follows:

- The first entry and final departure apply the rate for international transportation vessels.

- During the construction period, if there are entries and departures in maritime areas, the rate for domestic transportation vessels will apply.

5. Administrative Fees:

If at one port, a vessel must pay one charge for port services according to the rate for international transportation vessels and another charge according to the rate for domestic transportation vessels, the administrative fee will be calculated as 50% of the rate for international transportation vessels plus ( + ) 50% of the rate for domestic transportation vessels.