Decision No. 815/2001/QD-BTM Issuing the regulations on pilot implementation of container transshipment services at Ben Nghe Port, Ho Chi Minh City.

DECISION OF THE MINISTER OF TRADE

Issuing the regulations on piloting container transshipment services

at Ben Nghe Port, Ho Chi Minh City

THE MINISTER OF TRADE

Pursuant to the Maritime Code dated June 30, 1990 and the Commercial Law dated May 10, 1997;

Pursuant to Decision No. 424/CP-CN dated May 21, 2001 of the Government allowing Ben Nghe Port to pilot container transshipment services;

After exchanging opinions with the Ministry of Transport, General Department of Customs, People's Committee of Ho Chi Minh City, and Ben Nghe Port,

DECISION:

Article 1. This Decision promulgates the Regulations on piloting container transshipment services at Ben Nghe Port, Ho Chi Minh City.

Article 2. This Decision shall take effect fifteen days from the date of signature. /./

REGULATIONS

ON THE TRIAL IMPLEMENTATION OF CONTAINER TRANSSHIPMENT SERVICES
AT BEN NGHE PORT, HO CHI MINH CITY

(Issued together with Decision No. 815/2001/QD-BTM dated August 1, 2001)

of the Minister of Trade)

PART I

GENERAL PROVISIONS

Article 1. Scope of application

These regulations govern the operation of container transshipment services at Ben Nghe Port, Ho Chi Minh City.

Article 2. Applicability

The subjects to which these regulations apply are domestic and foreign shipping companies and/or carriers that conduct container transshipment at Ben Nghe Port (hereinafter referred to collectively as the carrier) and Ben Nghe Port, Ho Chi Minh City.

Article 3. Definitions

In this regulation, the following terms shall be understood as follows:

1. Container transshipment service means the act of unloading containers from ships and storing them in a designated container transshipment area for a certain period of time, and then loading those containers onto ships according to the carrier’s requirements, and handling related documentation.

2. Container transshipment area is a section within Ben Nghe Port separated by a fence from other areas of the port and subject to customs supervision.

3. Container transshipment notice is a document issued by the carrier to Ben Nghe Port requesting permission to transship containers at Ben Nghe Port.

Chapter II

CONTAINER TRANSSHIPMENT NOTICE

AND HANDOVER OF CONTAINERS

Article 4. Container transshipment notice

1. A container transshipment notice becomes legally binding when it is issued by the carrier to Ben Nghe Port and accepted by Ben Nghe Port.

2. The contents of the container transshipment notice include:

a) Name and address of the carrier;

b) Name of the ship;

c) Basic technical specifications of the ship;

d) Loading port;

đ) Expected arrival time of the ship;

e) Quantity, type of containers, and necessary information related to the containers;

g) Goods inside the container;

h) Specific requirements regarding the loading and unloading of containers;

i) Expected duration of container storage at Ben Nghe Port;

k) Destination port and name of the connecting ship (if applicable);

l) Signature of the carrier.

Article 5. Principles of handover and responsibility for loading and unloading containers

1. The principle of handover applied at Ben Nghe Port is the handover of sealed containers with seals intact.

2. Unloading containers from ships to the port and loading containers from the port onto ships shall be carried out according to Ben Nghe Port's loading and unloading procedures and under the supervision of the customs authority from the moment the containers are unloaded until they are loaded onto ships.

3. During the loading and unloading process, if the container is not sealed or has been damaged or broken, the port must prepare a report signed by Ben Nghe Port, the carrier (if present), and the customs authority.

Article 6. Responsibility for goods inside the container

The carrier is responsible for the suitability and legality of the goods inside the container in accordance with the notice issued to the port.

Chapter III

REGULATIONS ON GOODS INSIDE CONTAINERS FOR TRANSSHIPMENT

Article 7. Goods inside containers for transshipment at Ben Nghe Port

1. All types of goods inside containers, except those prohibited from transshipment as stipulated in Article 8 of these regulations, may be transshipped at Ben Nghe Port.

2. Prohibited goods can only be transshipped at Ben Nghe Port upon written approval from the Ministry of Trade.

3. For prohibited goods, Ben Nghe Port must submit a written request to the Ministry of Trade at least 30 (thirty) days before the ship arrives at the port. The main content of the request includes: name of goods, departure port, destination port, export permit number, import permit number, and the expected duration of container storage at Ben Nghe Port.

Article 8. Prohibited goods for transshipment at Ben Nghe Port

Goods inside containers prohibited from transshipment at Ben Nghe Port include:

1. Weapons, ammunition, explosives, and military technical equipment;

2. Narcotics;

3. Hazardous chemicals listed in the Catalogue of Prohibited Export and Import Chemicals;

4. Products and materials containing asbestos belonging to the amphibole group.

Chapter IV

HANDLING OF DAMAGED OR BROKEN CONTAINERS AND GOODS INSIDE CONTAINERS, AND HANDLING OF SHIPS THAT DO NOT COME TO COLLECT CONTAINERS

HARM AND NON-ARRIVAL OF THE VESSEL TO PICK UP CONTAINERS

Article 9. Handling of damaged or broken containers

During the loading and unloading, storage of containers at the port, if a container is damaged or broken but does not cause damage to the goods inside, the port or the carrier, depending on their fault, shall be responsible for repairing or replacing the container to ensure the transshipment.

Article 10. Handling of goods inside damaged or broken containers

In the event that a container is damaged, the goods inside the container are damaged, and at the request of the owner, such goods will be sold, given away, donated, or destroyed in Vietnam in accordance with Vietnamese laws on export and import goods.

Article 11. Handling of ships that do not come to collect containers

In the case where a ship does not come to collect containers within the agreed timeframe, the port shall notify the carrier in writing and, if no response is received within sixty (60) days from the date of sending the notification, the port shall have the right to handle the goods inside the containers in accordance with Vietnamese laws on unclaimed goods.

Chapter V

PROCEDURES FOR CONTAINER TRANSSHIPMENT

Article 12. Customs procedures for container transshipment

1. Ben Nghe Port is responsible for customs procedures for container transshipment.

2. Customs procedures for container transshipment at Ben Nghe Port shall be carried out in accordance with the regulations of the General Department of Customs.

Article 13. Payment for container transshipment services

The carrier shall be responsible for paying the container transshipment service fees and related costs as agreed between the carrier and Ben Nghe Port.

Chapter VI

Article 20. Handling Violations

Article 14. Handling Violations

Organizations and individuals who violate this Regulation, depending on the severity of the violation, shall be subject to administrative penalties and may be held criminally liable in accordance with the provisions of Vietnamese law.

Article 15. Implementation Provisions

Container transshipment at Ben Nghe Port must comply with the provisions of this Regulation and relevant provisions of the Maritime Code and the Commercial Law of Vietnam./.