Circular No. 7757/TC/TCDN guiding the implementation of Decision No. 61/2003/QD-BTC and Decision No. 62/2003/QD-BTC

MINISTRY OF FINANCE ********	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ********
Number: 214/2003/QĐ-BTC	Hanoi, December 18, 2003

 

Pursuant to …;

DECISION NO. 214/2003/QĐ-BTC OF THE MINISTRY OF FINANCE ON DECEMBER 18, 2003 ISSUING THE PORT SERVICES FEES TABLE FOR THE OIL EXPORT SUB-PHARO (UNMOORED LOADING STATION) AND THE SPECIAL PORT FOR OIL AND GAS SERVICES

THE MINISTER OF FINANCE

Pursuant to Decree No. 40/2002/PL-UBTVQH10 dated April 26, 2002 on prices;
Pursuant to Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Based on the proposal of the General Director of Vietnam Oil and Gas Corporation at Circular No. 5085/CV-TCKT dated October 10, 2003 regarding the report on the situation and suggestions for amending Decision No. 92/2000/QĐ-BVGCP dated November 30, 2000 of the State Price Board on service fees at the oil export sub-pharo (unmoored loading station) and the special port for oil and gas services;
Pursuant to the proposal of the Director of the Price Management Department;

DECISION:

Article 1:

Attached to this Decision is the Port Service Fee Schedule at the Crude Oil Exporting Sub-Port (Non-Dock Loading Station) and Dedicated Ports for Petroleum Services under Vietnam Oil and Gas Corporation.

Article 2:

The service fee levels prescribed in this Decision already include value-added tax.

Article 3:

This Decision shall take effect fifteen days from the date of publication in the Official Gazette. The port service fees table prescribed in this Decision replaces the port service fees table prescribed in Decision No. 92/2000/QĐ-BVGCP and 93/2000/QĐ-BVGCP dated November 30, 2000 of the State Price Board on service fees at the oil export sub-pharo (unmoored loading station) and the special port for oil and gas services and related guiding documents (except for the pilotage fee at the oil export sub-pharo and the pilotage fee at the special port for oil and gas services which shall be implemented according to Circular No. 7757TC/TCDN dated July 28, 2003 of the Ministry of Finance on guiding the implementation of Decisions No. 61 and 62/2003/QĐ-BTC).

Article 4:

Organizations and individuals subject to payment of port service fees; agencies, organizations collecting port service fees and relevant units shall be responsible for implementing this Decision.

 

Nguyen Ngoc Tuan (Signed)

 

PORT SERVICES FEES TABLE AT THE OIL EXPORT SUB-PHARO (UNMOORED LOADING STATION) AND THE SPECIAL PORT FOR OIL AND GAS SERVICES
(Annexed to Decision No. 214/2003/QĐ-BTC dated December 18, 2003 of the Ministry of Finance)

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. Scope of application:

The port service fees table at the oil export sub-pharo (unmoored loading station) and the special port for oil and gas services of Vietnam Oil and Gas Corporation (hereinafter referred to as the Port Service Fees Table) is prescribed for the following subjects:

1.1. Oil tankers performing cargo operations at the oil export sub-pharo (unmoored loading station);

1.2. Special purpose vessels (such as oil and gas service vessels, construction vessels, rescue vessels, seismic survey vessels, drilling vessels, etc.) serving oil and gas exploration and exploitation;

1.3. Goods serving oil and gas activities through the special port for oil and gas services;

2. Currency unit for pricing services:

The port service fees are specified in US dollars (USD). Payment of port service fees shall be carried out in accordance with current regulations on foreign currency management of the Vietnamese State. In cases where conversion from US dollars to other currencies (including Vietnamese dong) is required, it shall be converted based on the average inter-bank foreign exchange rate published by the State Bank of Vietnam at the time of payment.

3. Unit of measurement and rounding method:

The port service fees are calculated based on gross tonnage (GT); time is measured in hours, goods volume is measured in tons or cubic meters (m3), containers are counted by piece. Specifically as follows:

3.1. Measurement unit for deadweight:

3.1.1. For liquid cargo tankers: the deadweight for calculating port service fees is 85% of the maximum gross tonnage (GT) recorded in the certificate issued by the Registry.

3.1.2. For special purpose vessels serving oil and gas: It is the maximum gross tonnage (GT) recorded in the certificate issued by the Registry.

3.2. Time unit: One hour is sixty minutes; fractions less than thirty minutes are rounded down to half an hour, fractions over thirty minutes are rounded up to one hour.

3.3. Volume unit for goods (including packaging): is measured in tons or cubic meters (m3); fractions under 0.5 tons or 0.5 m3 are not counted, fractions from 0.5 tons or 0.5 m3 are counted as one ton or one m3. In a single bill of lading, the minimum volume for calculating charges is one ton or one m3.³For goods where each ton occupies more than 1.5 m3, every 1.5 m3 is counted as one ton.³ for every 1.5 meters³ calculate as 1 Ton.

The volume for calculating service fees includes the volume of goods and packaging.

II. SERVICE FEES AT THE OIL EXPORT SUB-PHARO (UNMOORED LOADING STATION) APPLICABLE TO OIL FIELDS BELONGING TO THE JOINT STOCK COMPANY VIETSOVPETRO

1. Service fees for oil tankers:

1.1. In case an oil tanker docks at one station to receive oil:

Unit of measurement: USD/trip

Serial number	Actual quantity of oil received/delivered	Unit price
1	Below 45,000 tons	25.800
2	From 45,000 to 55,000 tons	27.300
3	From 55,001 to 65,000 tons	30.400
4	From 65,001 to 75,000 tons	31.900
5	From 75,001 to 85,000 tons	33.400
6	Above 85,000 tons	36.400

1.2. In case an oil tanker must dock at two stations to receive oil:

The service fee is calculated based on the corresponding price level for the total actual quantity of oil received at both stations, then increased by 25% (1.25 times).

Example: An oil tanker docks at the first station to receive 40,000 tons of oil. Then docks at the second station to receive an additional 30,000 tons of oil. The service fee is calculated as follows:

- Total actual quantity of oil received at both stations: 40,000 + 30,000 = 70,000 tons

- Service fee for the oil tanker: 31,900 USD x 1.25 = 39,875 USD

2. Service fees for supply vessels providing fuel to the stations:

2.1. Supply vessels with a deadweight below 4,000 GT:

- First docking: 9,000 USD/vessel.

- Subsequent dockings: 4,500 USD/vessel.

2.2. Supply vessels with a deadweight of 4,000 GT or above:

- First docking: 12,000 USD/vessel.

- Subsequent dockings: 6,000 USD/vessel.

3. The prices stipulated in points II/1 and II/2 already include: service fees for tugboats assisting vessels entering the sub-pharo, assisting vessels during cargo operations, service fees for mooring and unmooring, maintenance of buoys, installation and removal of pipes, costs for transporting crew from the unmoored loading station to the oil tanker and vice versa.

III. SERVICE FEES AT THE SPECIAL PORT FOR OIL AND GAS SERVICES

1. Mooring and unmooring service fees:

1.1. Mooring and unmooring service fees (already including costs for equipment used for mooring and unmooring).

Unit of measurement: USD/time

1.2. In the case of small vessels or barges mooring to large vessels for cargo transfer, the mooring and unmooring fee at the pier applies.

2. Cargo hatch opening and closing service fees:

2.1. Using ship cranes:

Unit of measurement: USD/hatch

2.2. Using port cranes (including floating cranes): Shall be determined by the Port Director based on agreement with customers.

3. Price for cargo hold cleaning and deck washing services

3.1. Cargo hold cleaning:

a. If the shipowner requests port workers to clean the cargo hold, they must pay the cleaning fee according to the unit price below:

Unit of measurement: USD/hatch

b. Cleaning tools and water shall be provided by the shipowner.

c. For ships with multiple cargo holds, each hold shall be counted as one hold.

d. When cleaning, if there is residual cargo in the hold, the shipowner must pay additional charges for loading and unloading such residual cargo.

3.2. Deck washing:

If the shipowner requests port workers to wash the deck, they must pay according to the unit price below:

a. Using water from the vessel: 0.17 USD/m2

b. Using port water: 0.20 USD/m2

Minimum charge: 50.00 USD/per occasion.

4. Price for garbage disposal service:

4.1. Unit price for domestic garbage disposal service (including transportation costs):

- At the dock: 20 USD/ship/occasion.

- At buoy, anchorage, bay: 50 USD/occasion.

4.2. For other types of waste disposal and treatment, the Port Director shall agree on specific prices with customers.

5. Price for cargo handling services:

5.1. Price for cargo handling services (excluding containers):

5.1.1. Unit price for cargo handling using ship cranes (excluding containers):

Serial number	Handling operation	Unit of Measurement	Ship-harbor crane, truck, barge, or vice versa
	Cargo category
A	B	(1)	(2)
1	Bulk cargo	USD/T	1,6
2	Bagged cargo (burlap bags, sacks, paper bags, jute bags, plastic bags, straw bags)	-	2,2
3	Packed cargo (boxes, crates); round wood (logs)	-	2,9
4	Machinery, equipment; steel products (bundles, packages, coils, sheets, bars); non-ferrous metals packed in bundles or coils.	-	3,1
5	Packed goods (miscellaneous items); rubber; tires	-	3,2
6	Sawn timber; floorboards; wooden tools; packed goods in baskets, crates	-	3,5
7	Bottled, jarred, ceramic, porcelain, glass, fragile, electronic components	-	3,7
8	Frozen goods.	-	3,9
9	Wheeled vehicles Specialized vehicles for oil and gas	USD/c -	40 55
10	Self-propelled, self-moving units	-	40

5.1.2. The Port Director may adjust the prices up or down by a maximum of 15% based on market prices and actual conditions compared to the unit prices specified in point 5.1.1; simultaneously issuing uniform cargo handling service prices applicable to entities within the scope of this Decision.

5.1.3. The following cases shall be determined based on the unit prices issued by the Port Director as stipulated in point 5.1.2:

a. Cargo handling within the same hold: calculated at 50% of the unit price.

b. Cargo handling between different holds on the same ship:

- Without passing through the harbor crane: calculated at 70% of the unit price.

- Passing through the harbor crane: calculated at 120% of the unit price.

c. Cargo (including bagged cargo) frozen or packed in blocks requiring excavation, breaking before handling: increased by 50% of the unit price.

d. Handling dangerous or toxic cargo: increased by 50% of the unit price.

e. Handling cargo in bags, boxes, crates that have been damaged: increased by 100% of the unit price for the actual damaged cargo.

g. Handling cargo requiring weighing: in addition to the handling service fee, the customer must also pay the weighing service fee for the actual weighed cargo at the following unit price (including all costs for weighing):

+ Manual or table scale: 1.0 USD/ton

+ Machine scale: 0.4 USD/ton

h. Handling cargo that is too heavy or too long: shall be additionally charged as follows:

Serial number	Weight or length of cargo	Additional increase rate
1	Weight from 10 tons to under 15 tons or length from 10 to under 12 meters	30%
2	Weight from 15 tons to under 20 tons or length from 12 to under 15 meters	50%
3	Weight from 20 tons to under 25 tons or length from 15 meters to 20 meters	100%
4	Weight from 25 tons to under 30 tons or length over 20 meters.	200%
5	Weight from 30 tons and above	Determined by the Port Director based on agreement with customers
	In case the cargo is both too heavy and too long, only the highest additional pricing ratio shall apply.

In case the port facilities are unable to handle excessively heavy or long cargo and need to hire external services, the Port Director shall determine specific rental fees for each case based on agreement with customers.

In case the excessively heavy or long cargo has already applied the additional pricing ratio as stipulated in point 5.1.3/h above, the weight conversion factor as stipulated in point I/3.3 shall not apply.

5.1.4. In case cargo handling requires the use of harbor cranes (including floating cranes), the handling service price shall be determined by the Port Director based on agreement with customers but shall not be lower than the handling service price using ship cranes.

5.2 Price for container handling services:

5.2.1. Unit price for container handling using ship cranes:

Unit of measurement: USD/cont

Serial number	Handling operation Container type	Ship-harbor crane, truck, barge, or vice versa
A	B	(1)
1	Up to 20 feet: - With cargo - Empty	30 20
2	Type 40 feet: - With cargo - Empty	45 29
3	Type over 40 feet - With cargo - Empty	67 44

5.2.2. The Port Director may adjust the prices up or down by a maximum of 15% based on market prices and actual conditions compared to the unit prices specified in point 5.2.1; simultaneously issuing uniform container handling service prices applicable to entities within the scope of this Decision.

5.2.3. The following cases shall be determined based on the unit prices issued by the Port Director as stipulated in point 5.2.2:

a. Container rehandling within the same hold: calculated at 40% of the unit price.

b. Container transfer between different holds (same ship): calculated at 70% of the unit price.

c. Container transfer from ship to shore and back to ship: calculated at 150% of the unit price.

d. Handling containers containing dangerous or toxic cargo: increased by 50% of the unit price.

e. If the shipowner hires port workers to secure or unsecure containers on the ship (excluding securing/unsecuring locks), they must pay 1 USD/cont for the actual number of containers secured.

g. Customers or shipowners with large volumes of container handling (accounting for 15% of container throughput at the port) and who sign long-term contracts with the Port (contracts lasting one year or more) may receive a maximum discount of 5% on handling fees for the volume exceeding 15% of the port's throughput. Specific discount rates shall be determined by the Port Director based on agreement with customers.

h. The Port Director shall issue uniform barge handling service prices applicable to entities within the scope of this Decision for the following situations based on market prices and actual conditions.

- Loading and unloading operations must use port cranes. The minimum rate shall be equal to the service charge for loading and unloading using ship cranes;

- Loading and unloading at mooring buoys, anchorages, or bays;

- Loading and unloading using floating cranes;

- Loading and unloading of containers that are too high, too wide, or too heavy;

- Unit price for stuffing/unstuffing services in containers;

- Loading and unloading from trucks to port warehouses or vice versa, and transportation fees from the wharf to the warehouse or vice versa;

- Loading and unloading in emergency situations;

5.3. In case seagoing vessels cause workers to wait during loading and unloading operations: waiting charges shall be calculated based on the number of people, waiting time, and the technical worker rental fee specified in Section III/7.1.

6. Storage and yard charges for goods; rental charges for warehouses, yards, and offices; inspection and delivery service charges; water supply; marine agency services: The Port Director shall base on current regulations to announce and apply unified prices for entities covered by this Decision.

7. Rental charges for labor, means of transport, and equipment:

7.1. Labor rental:

The unit price for labor rental shall be determined by the Port Director based on agreements with customers.

7.2. Rental of means of transport and equipment (including all service costs but excluding the operator of the equipment):

7.2.1. Types of cranes:

a. Floating cranes: Determined by the Port Director based on agreements with customers

b. Shore cranes (excluding pedestal cranes):

- Type less than 5 tons: 15 USD/hour

- Type from 5 tons to under 10 tons: 24 USD/hour

- Type from 10 tons to under 20 tons: 55 USD/hour

- Type from 20 tons to under 40 tons: 72 USD/hour

- Type 40 tons or more: Determined by the Port Director based on agreements with customers

c. Pedestal cranes:

- Type 5 tons: 24 USD/hour

- Type 10 tons: 60 USD/hour

- Type 16 tons: 72 USD/hour

- Type over 16 tons: 80 USD/hour

7.2.2. Other types of means of transport:

a. Transport trucks:

- Type under 5 tons: 20 USD/hour

- Type from 5 to under 8 tons: 25 USD/hour

- Type 8 tons or more: 30 USD/hour

b. Transport trucks towing trailers:

- Type 20ftx15T truck: 26 USD/hour

- Type 40ftx25T truck: 40 USD/hour

c. Forklifts:

- Type less than 5 tons: 13 USD/hour

- Type from 5 tons to under 7 tons: 23 USD/hour

- Type 7 tons or more: Determined by the Port Director based on agreements with customers.

d. Sweeper and bulldozer vehicles:

e. Other tools:

- Compressed air machine for divers: 15 USD/hour

- Grab bucket less than 5 tons: 2 USD/hour-piece

- Grab bucket 5 tons or more: 3 USD/hour-piece

- Using the port's VHF radio: 1 USD/10 minutes

7.3. Labor charges for repairing packaging and re-packaging goods (sewing and patching tools provided by the shipowner or consignor):

7.3.1. General goods: 2 USD/ton

7.3.2. Hazardous goods: 3 USD/ton

7.3.3. If sewing and patching repairs require transporting goods over 25 meters or stacking them higher than 2 meters, the unit price will increase by 30%.

7.3.4. For frozen or block-packed goods that need to be excavated, dug up, or broken before repackaging, or require sorting and counting, or repackaged in bags weighing 10 kg or less, the unit price will increase by 50%.

7.4. The Port Director may adjust the rental rates for labor, means of transport, and equipment by up to 15% based on market prices and actual conditions; simultaneously issuing unified rental rates applicable to entities within the scope of this Decision.

7.5. For means of transport and equipment not specified in Section III, rental prices shall be determined based on agreements between the parties.

IV. IMPLEMENTATION

1. Directors of business units engaged in specialized port services for oil and gas under the Vietnam Oil and Gas Corporation shall issue specific port service fee schedules based on actual conditions and provisions of this Decision for services provided by their units (including services within the scope of application but not specified in this Decision), and report to the Ministry of Finance (Price Management Department) for monitoring implementation.

2. For contracts on port service fees signed before the effective date of this Decision but ending after its effective date, the following measures shall be taken:

- Work completed before the effective date of the Decision shall be charged according to the previously agreed port service fee.

- Work completed after the effective date of the Decision shall be charged according to the port service fee stipulated in this Decision.