Decision No. 953/2000/QĐ-BGTVT on the issuance of freight rates for the transportation and handling of oversized and overweight cargo.

Pursuant to …;

Regarding the issuance of freight rates for transporting and handling oversized and overweight cargo.

THE MINISTER OF TRANSPORTATION

Pursuant to Decree No. 22/CP dated March 22, 1994 of the Government on the tasks, powers, responsibilities for state management and organizational structure of the Ministry of Transport;

Pursuant to Decision No. 137/HĐBT dated April 27, 1992 of the Council of Ministers (now the Government) on price management;

Pursuant to the opinion of the Government Price Board at Document No. 1320/BVGCP-CNTDV dated December 17, 1999;

At the proposal of the Director of the Legal Affairs Department - Transport, the Director of the Vietnam Highway Administration, the Director of the Vietnam Inland Waterway Administration;

Pursuant to …;

Article 1: Issued herewith are the "Regulations on Freight Rates for Transporting and Handling Oversized and Overweight Cargo by Road and River Transport";

Article 2: This Decision shall take effect fifteen days from the date of signature and shall supersede Decision No. 1653/QĐ-BGTVT dated June 28, 1997 of the Minister of Transport.

Article 3: The Heads of the Ministry's Office, the Director of the Legal Affairs Department - Transport, the Directors of the Vietnam Highway Administration and the Vietnam Inland Waterway Administration, the Directors of Provincial Departments of Transport (Transport Services) and heads of relevant agencies and units shall be responsible for implementing this Decision./.

REGULATIONS

Freight rates for transporting and handling oversized and overweight cargo
(Issued together with Decision No.: 953/2000/QĐ-BGTVT dated April 20, 2000)

II- SUPPORT MEASURES FOR STATE-OWNED AGRICULTURAL FARMS AND FORESTRY COMPANIES IN THE FIELD OF SCIENCE AND TECHNOLOGY

1 - Scope of application

1.1 - These provisions apply to calculating freight rates for transporting and handling oversized and overweight cargo paid for by state budget funds or sourced from state budget funds.

1.2 - Contracts signed before this Decision takes effect but not yet terminated shall not be subject to these provisions.

1.3 - Other provisions regarding freight rates for transporting and handling oversized and overweight cargo in other state documents may be applied if not covered herein. They can be used for bidding but must not exceed current rate regulations.

1.4 - These provisions do not apply to container transportation.

1.5 - Value-added tax and road tolls are not mentioned herein and depend on the actual number of trips and total costs calculated specifically in each transport contract.

2 - Provisions on oversized and overweight cargo

2.1 - When loaded onto road or river transport vehicles, cargo that cannot be disassembled and has a weight of 20 tons or more per item is considered overweight cargo.

2.2 - When loaded onto road transport vehicles, cargo that cannot be disassembled and has a length of 12 meters or more, width of 2.5 meters or more, or height of 2.7 meters or more per item is considered oversized cargo.

2.3 - When loaded onto river transport vehicles, cargo that cannot be disassembled and has a length of 12 meters or more, width of over 4 meters, or height of over 3.5 meters per item is considered oversized cargo.

3 - Weight for calculating freight when transporting oversized cargo is converted as follows:

3.1 - For cargo where the average volume per ton is less than 1.5 cubic meters,³ the weight for calculating freight is the actual weight carried including packaging.

3.2 - For cargo where the average volume per ton is 1.5 cubic meters³ or more, the weight for calculating freight is converted: every 1.5 cubic meters³ equals 1 (one) ton.

4 - The unit of weight for calculating freight is ton, fractions under 0.5 ton are not counted, and fractions from 0.5 ton and above are counted as 1 (one) ton.

5 - The unit of distance for calculating freight is kilometer (km), fractions under 0.5 km are not counted, and fractions from 0.5 km and above are counted as 1 (one) km.

II - FREIGHT AND HANDLING CHARGES.

1 - Freight charges for loading and unloading at river ports and sea ports are applied at the rates approved or announced by competent state authorities.

2 - If loading and unloading occur outside the port area within the locality, then the freight charges for loading and unloading are applied according to the valid freight rates for oversized and overweight cargo of the nearest sea port.

3 - If local sea ports do not have freight rates for oversized and overweight cargo, they are applied according to the domestic and foreign freight rates divided by region as follows:

3.1 - Region from Quảng Bình northward applies the freight rates for loading and unloading of Haiphong Port.

3.2 - Region from Quảng Trị to Phú Yên applies the freight rates for loading and unloading of Da Nang Port.

3.3 - Region from Khánh Hòa southward applies the freight rates for loading and unloading of Saigon Port.

4 - If at sea ports or river ports at the time of loading and unloading there are no suitable loading and unloading equipment for oversized and overweight cargo, equipment can be mobilized from elsewhere and surcharges for both the outbound and return journeys are calculated as follows:

4.1 - Cranes with lifting capacity of 50 tons or more are charged:

a - From 1 km to 50 km: 52,000 VND/crane.km.

b - From 50 km to 100 km: 49,000 VND/crane.km.

c - Over 100 km: 45,000 VND/crane.km.

4.2 - Cranes with lifting capacity of over 40 tons to 50 tons are reduced by 20% compared to Clause 4.1 above.

4.3 - Cranes with lifting capacity of 30 tons to 40 tons are reduced by 30% compared to Clause 4.1 above.

4.4 - Cranes with lifting capacity under 30 tons are reduced by 50% compared to the surcharge table in Clause 4.1 above.

5 - If manual methods of loading and unloading are used, they are calculated as follows:

5.1 - Loading charge:

5.1.a - Items weighing from 20 tons to 30 tons, the manual loading charge is 80,000 VND/ton.

5.2.a - Items weighing from 30 tons to 120 tons if manually loaded are calculated according to the following table:

5.3.a - For items weighing over 120 tons to 200 tons, for each additional 10 tons, the loading charge coefficient increases by 15% compared to the charge level for the item below it by 10 tons.

5.4.a - For items weighing over 200 tons to 300 tons, for each additional 10 tons, the loading charge coefficient increases by 25% compared to the charge level for the item below it by 10 tons.

5.2 - Unloading charge is calculated at 90% of the loading charge.

5.3 - Towing charge: For each meter the item is towed, it is calculated at 9% of the loading charge for the item (fractions under 0.5 meters are not counted, fractions over 0.5 meters are rounded up to 1 meter).

5.4 - When the tidal range changes by 0.4 meters, the loading and unloading fee for the corresponding cargo increases by 40%. If the tidal range continues to change thereafter, each additional 0.20 meters results in an additional 10% increase in the loading and unloading fee.

5.5 - The placement of cargo onto installation platforms and adjustment to the correct position shall be subject to a 20% increase in the loading fee for the corresponding cargo.

5.6 - Loading or unloading cargo onto or from railway cars or road vehicles with a height exceeding 1.2 meters shall be subject to a 20% increase over the loading and unloading fee for the corresponding cargo.

III - FEES FOR TRANSPORTING OVERSIZE AND OVERWEIGHT CARGO.

A - General principles for calculating transport fees:

1 - For oversize cargo, the weight for calculating fees is the registered load capacity in tons of the inland waterway or road vehicle (including trailers) used to transport the cargo. However, the rate used for calculation is based on the actual weight of the transported cargo. If the cargo weighs less than 20 tons, the rate used for calculation is that of a cargo weighing 20 tons.

2 - For oversize and overweight cargo transported on vehicles, regulations set forth in Circular No. 112/1998/TT-BGTVT dated April 29, 1998 of the Ministry of Transport must be followed. In such cases, the fee is increased by 20%.

3 - In cases where cargo is both oversize and overweight, the loading, unloading, and transportation fees are calculated according to only one type (either oversize or overweight) at the higher rate.

B - Fees for transporting by inland waterway vessels.

1 - Apply the following tariff schedule:

1.1 - For distances shorter than 30 km, the fee is calculated as if it were 30 km.

1.2 - When the distance exceeds 30 km, the first 30 km is charged at the rate applicable for the first 30 km (VND/ton), and the distance beyond 30 km is charged at the rate applicable from 31 km onwards (VND/ton.km). The total fee is the sum of the fees for each segment.

2 - Conversion of river types:

2.1 - One kilometer of river type 2 or one kilometer of sea route is equivalent to 1.5 kilometers of river type 1.

2.2 - One kilometer of river type 2 is equivalent to three kilometers of river type 1.

3 - Calculation of fees for individual cargoes:

3.1 - For cargoes weighing more than 20 tons but not exceeding 40 tons, the tariff is increased by 30%.

3.2 - For cargoes weighing more than 40 tons, the tariff is increased by 50%.

3.3 - For cargoes measuring between 12 meters and 20 meters in length, the tariff is increased by 20%.

3.4 - For cargoes measuring more than 20 meters in length, the tariff is increased by 30%.

3.5 - In cases where special vessels need to be hired for transporting cargo in complex terrain, the parties shall negotiate individually. If no agreement can be reached, the matter shall be reported to the Ministry of Transport for resolution.

Fees for transporting oversize and overweight cargo by road vehicles

C - (Applicable rates for transport on paved roads with inclines less than 3%). 1 - Fees calculated based on weight:

1.1 - For cargo weighing from 20 to 40 tons:

Tariff (VND/ton.km)

1.1.b - For distances exceeding 30 km, the first 30 km is charged at the rate applicable for the first 30 km (VND/ton), and the distance beyond 30 km is charged at the rate applicable from 31 km onwards (VND/ton.km). The total fee is the sum of the fees for each segment.

1.2 - Fees for cargo weighing more than 40 tons up to 200 tons

Weight

(over...tons to...tons)

Tariff (VND/ton.km)

2 - Additional charges for transporting oversize and overweight cargo in the following situations:

2.1 - For roads with inclines from 3% to under 5%, the additional charge is 50% of the transport fee.

2.2 - For roads with inclines from 5% to under 7%, the additional charge is 100% of the transport fee.

2.3 - For roads with inclines from 7% to 10%, the additional charge is 400% of the transport fee.

2.4 - For roads with inclines over 10%, the additional charge is negotiated by the parties.

2.5 - For routes with multiple inclines, the additional charge is calculated for each incline based on the actual distance, and the total additional charge for all inclines is the additional charge for the entire route.

3 - For transport on gravel roads or surfaces that are not smooth, the fee is increased by 20%.

4 - If transporting delicate machinery requiring high safety, an additional charge of 20% of the transport fee is applied.

5 - If mobilizing equipment from another location is necessary, the mobilization fee for both the outbound and return trips is as follows:

5.1 - Tractor without trailer: 6,000 VND/km.

5.2 - Tractor with trailer: 37,000 VND/km.

IV - OTHER COSTS FOR LOADING AND UNLOADING, TRANSPORTING OVERSIZE AND OVERWEIGHT CARGO.

1 - Reinforcement and securing costs: (VND/ton)

Work

by waterway vessel

by road vehicle

3.1 - Overcoming spatial obstacles during the transport of oversized and overweight cargo.

3.1 - Overcoming spatial obstacles during the transport of oversized and overweight cargo.

3.2 - Costs for reinforcing the ground surface, overcoming obstacles, or ensuring safety on slopes greater than 15%.

3.3 - In cases where the structure of the cargo is complex, the costs are settled based on actual conditions and negotiations between the parties.

3.4 - Protection of cargo.

3.5 - Reinforcing and repairing bridges, roads, and docks based on reasonable calculations accepted by the management authorities.

3.6 - Fire prevention for valuable and rare cargo.

3.7 - Survey and feasibility study costs may be negotiated at 5 to 10% of the contract value./.

3.5 - Strengthening and repairing bridges, roads, and wharfs shall be based on reasonable calculation requirements agreed upon by the bridge, road, and wharf management authorities.

3.6 - Fire prevention for rare and valuable goods.

3.7 - Survey and feasibility study costs may be agreed upon at between 5 to 10 percent of the contract value./.