Circular No. 01/2016/TT-BTC dated January 05, 2016 of the Ministry of Finance on regulations on marine fees, charges and schedules of marine fees and charges

CIRCULAR

Prescribing maritime dues, charges and fees and their tariffs[1]

Pursuant to the June 14, 2005 Vietnam Maritime Code;

Pursuant to the August 28, 2001 Ordinance on Charges and Fees;

Pursuant to the Government’s Decree No. 215/2013/ND-CP of December 23, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to the Government’s Decree No. 57/2002/ND-CP of June 3, 2002, detailing the implementation of the Ordinance on Charges and Fees, and the Government’s Decree No. 24/2006/ND-CP of March 3, 2006, amending and supplementing a number of articles of the Government’s Decree No. 57/2002/ND-CP of June 3, 2002;

Pursuant to the Government’s Decree No. 21/2012/ND-CP of March 21, 2012, on management of seaports and marine navigable channels;

At the proposal of the Director of the Corporate Finance Department,

The Minister of Finance promulgates the Circular prescribing maritime dues, charges and fees and their tariffs.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. Scope of regulation: This Circular prescribes maritime dues, charges and fees and their tariffs.

Maritime dues, charges and fees prescribed in this Circular include tonnage dues, maritime safety assurance charge, pilotage, anchorage, wharfage for use of piers and buoys in navigable zones, clearance fee, and fee for certification of sea protests.

2. Subjects of application: This Circular applies to organizations, individuals and state agencies involved in the collection and payment of maritime dues, charges and fees.

Article 2. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Ships include seagoing ships, military ships, official-duty ships, fishing ships, inland waterway crafts, seaplanes, and other waterway crafts.

2. Gross tonnage means the maximum gross tonnage of a ship which is stated in the tonnage certificate issued by the register agency to this ship under regulations.

3. Water areas and zones include pilot embarkation and disembarkation area, quarantine area, ship turnaround area, anchorage zone, transshipment zone, and storm shelter zone in seaport waters.

4. Navigable zone means a delimited water area within the responsibility of a maritime administration. A seaport may have one or more than one navigable zone. The list of navigable zones is provided in the Appendix to this Circular.

5. Cargo means cargo carried on board a ship, including also filled containers and empty containers.

6. Exported goods means goods with the place of consignment (departure) in Vietnam and the place of delivery (destination) in a foreign country.

7. Imported goods means goods with the place of consignment (departure) in a foreign country and the place of delivery (destination) in Vietnam.

8. Transited goods means goods with the place of consignment (departure) and place of delivery (destination) outside the Vietnamese territory which are carried straight or loaded and unloaded at a Vietnamese seaport or brought into a warehouse or storing yard for further carriage.

9. Transshipped goods means goods that are carried from a foreign country to a Vietnamese seaport and brought into a transshipment zone of this seaport for preservation for a certain period and then loaded onto another ship for carriage out of Vietnamese territory.

10. Special-use ships include ships used for oil and gas exploration and exploitation activities (oil and gas service ships), ships used for construction of maritime facilities, ships for maritime safety assurance, ships used for training and scientific research, and official-duty ships.

11. Lighter abroad ship (LASH) means a special-use ship for transporting LASH barges for cargo carriage which is capable of operating on both rivers and sea.

12. LASH barge means a special-use barge for transporting dry cargo and bulk cargo which is capable of operating in internal waters where navigable channels’ technical conditions are limited.

13. Carrier means a person who uses ships of his/her own or of others for cargo and passenger carriage.

14. Entry or leaving: A ship entering a navigable zone and having its port arrival procedures cleared by a competent state agency under law shall be counted as making an entry, and ship leaving a navigable zone and having its port leaving procedures cleared by a competent state agency under law shall be counted as making a leaving.

15. Voyage: A ship entering and leaving from a navigable zone shall be counted as making a voyage.

16. Shore-to-island transportation route means a transportation route from the shore to an island within Vietnam’s maritime zones as announced by the Ministry of Transport.

17. Regions of Vietnamese seaports include:

a/ Region I, embracing seaports from latitude 20^o northward;

b/ Region II, embracing seaports from latitude 11.5^o to latitude 20^o north;

c/ Region III, embracing seaports from latitude 11.5^o southward.

Article 3. Objects liable to maritime dues, charges and fees

1. Objects liable to maritime dues, charges and fees under the international tariff of maritime dues, charges and fees:

a/ Ships on exit or entry or in transit which enter, leave, pass or moor in navigable zones (including export processing zones); and foreign ships entering to operate in Vietnam’s maritime zones outside seaport waters;

b/ Ships carrying exported goods, imported goods, transited goods and transshipped goods in navigable zones, including export processing zones;

c/ Ships carrying passengers from Vietnam to foreign countries or from foreign countries to Vietnam; and special-use ships operating along international routes which enter, leave, pass or moor in navigable zones;

d/ Exported goods, imported goods, transited goods and transshipped goods, including goods brought out of or into export processing zones, which are loaded/unloaded, delivered, preserved or left in navigable zones;

dd/ Passengers of passenger ships sailing from foreign countries to Vietnam (or vice versa) by sea or inland waterways which enter and leave navigable zones.

2. Objects liable to maritime dues, charges and fees under the domestic tariff of maritime dues, charges and fees:

a/ Ships operating on domestic maritime routes which enter, leave, pass or moor in navigable zones;

b/ Ships carrying cargo and passengers along domestic maritime routes which enter, leave, pass or moor in navigable zones;

c/ Ships operating along shore-to-island transportation routes;

d/ Special-use oil and gas service ships operating in offshore oil and gas ports or special-use oil and gas service ports in areas under the responsibility of maritime administrations;

dd/ Vietnamese ships of armed forces, customs and maritime administrations and special-use search and rescue ships on duty shall not be regulated by this Circular; if operating for commercial purposes in Vietnam, they must be liable to maritime dues, charges and fees under Chapter III of this Circular.

Article 4. Payers of maritime dues, charges and fees

1. For ships, their owners, carriers or entrusted persons shall pay maritime dues, charges and fees.

2. For cargo and passengers, carriers or entrusted persons shall pay maritime dues, charges and fees.

Article 5. Collectors of maritime dues, charges and fees

1. Maritime administrations shall collect the following maritime dues, charges and fees:

a/ Tonnage dues;

b/ Maritime safety assurance charge for marine navigable channels assigned to the Northern and Southern Vietnam Maritime Safety Corporations for management and operation;

c/ Anchorage for ships anchoring in water areas and zones;

d/ Clearance fee for ships entering and leaving a seaport;

dd/ Fee for certification of sea protests;

e/ Wharfage for use of piers and buoys in navigable zones, in case maritime administrations are assigned by the State to temporarily manage and operate seaport piers and wharves or mooring wharves and buoys.

2. Maritime pilotage organizations shall directly collect pilotage.

3. Enterprises that commercially operate seaports or water areas and zones and enterprises that invest in and manage marine navigable channels are entitled to collect maritime dues, charges and fees prescribed in this Circular. The maritime dues rates issued together with this Circular are inclusive of value-added tax.

Article 6. Bases for and principles of determination of maritime dues, charge and fee amounts

1. Gross tonnage (GT), which is the prime unit used for calculating maritime dues, charges and fees, specifically as follows:

a/ For liquid cargo tankers, their GT is equal to 85% of the biggest GT stated in their certificates granted by the register agency, regardless of whether or not they have segregated ballast water tanks;

b/ For passenger ships, their GT is equal to 50% of the biggest GT stated in their certificates granted by the register agency;

c/ For ships without GT stated, their GT shall be calculated as follows:

- For seagoing ships and self-propelled inland waterway crafts, 1.5 deadweight tons shall be treated as 1 GT;

- For barges, 1 ton of gross deadweight shall be treated as 1 GT;

- For tug boats, push boats and passenger ships (including seaplanes) and floating cranes, 1 horse power (HP) shall be treated as 0.5 GT; 1 kW shall be treated as 0.7 GT; and 1 ton of lifting capacity of cranes installed on board ships shall be treated as 6 GT;

- For passenger ships without engine capacity stated, 1 passenger seat shall be treated as 0.67 GT, and 1 passenger berth, 4 GT;

- For convoys of tug boats, push boats or alongside towing boats, their tonnage is the total capacity of the entire convoy, including badges and tug boats or push boats. 

For the cases prescribed at Point c, Clause 1 of this Article, the biggest GT shall be used.

2. Unit of engine capacity: The main engine capacity of a ship shall be measured  in HP or kW; the value of less than 1 HP  or 1 kW shall be counted as 1 HP or 1 kW.

3. Time unit:

a/ For the time unit being day, 1 day must have 24 hours; 12 hours or less shall be counted as half a day and over 12 hours shall be counted as 1 day;

b/ For the time unit being hour, 1 hour must have 60 minutes; 30 minutes or less shall be counted as half an hour and over 30 minutes shall be counted as 1 hour.

4. Cargo weight (including tare) unit is ton or cubic meter (m³); under 0.5 ton or 0.5 m³ shall be counted as zero; between 0.5 ton or 0.5 m³ and under 1 ton or 1 m³ shall be counted as 1 ton or 1 m³. In a less than-container-load (LCL) bill of lading, the minimum weight used for dues calculation is 1 ton or 1 m³. For cargo with each ton occupying 2 m³ or more, every 2 m³ shall be counted as 1 ton.

5. The distance used for dues calculation is nautical mile; less than 1 nautical mile shall be counted as 1 nautical mile.

6. The unit for calculation of dues for use of piers or wharves for ships is meter (m) of pier or wharf length; less than 1 m shall be counted as 1 m.

7. Currency for collection and payment of maritime dues, charges and fees:

a/ US dollar (USD) or Vietnam dong (VND), for international maritime activities;

b/ Vietnam dong, for domestic maritime activities;

c/ In case of conversion of the US dollar into Vietnam dong for payment of maritime dues, charges or fees, the account-transfer buying rate announced by the Joint-Stock Commercial Bank for Foreign Trade of Vietnam at the time of payment shall be applied.

8. Receipt and delivery of imported goods or exported goods in different navigable zones combined with receipt and delivery of domestic goods shall be regarded as international transportation and subject to the Maritime Dues, Charge and Fee Tariff applicable to international maritime activities upon port entry or leaving. Particularly, domestically transported goods are not subject to moorage.

9. For a ship subject to different dues, charge and fee rates per entry into or leaving from a port, the lowest rate shall apply.

10. For ships (except those specified at Point d, Clause 1, Article 13 of this Circular) operating in a navigable zone and undergoing procedures for entering and leaving this area for a single time, tonnage dues, maritime safety assurance charge and charges for seaport entry and leaving shall be paid only once.

Chapter II

MARITIME DUES, CHARGE AND FEE TARIFF APPLICABLE TO INTERNATIONAL MARITIME ACTIVITIES

Article 7. Tonnage dues

1. Tonnage dues rates

For ships entering and leaving navigable zones, special-use ports or offshore oil and gas ports; and foreign ships operating in Vietnam’s maritime zones outside seaport waters, the tonnage dues rates below shall apply:

2. Specific provisions on collection of tonnage dues:

a/ For a ship entering and leaving a navigable zone to take fuel, food and drinking water, to change crewmen, or for repair, dismantlement or test run after repair or building without cargo loading and unloading or passenger embarkation and disembarkation, it will be subject to 70% of the rate specified in Clause 1 of this Article;

b/ For a ship (except passenger ships) entering and leaving a navigable zone at the minimum frequency of 3 voyages a month, from the fourth voyage in that month, it will be subject to 60% of the rate specified in Clause 1 of this Article;

c/ Passenger ships entering and leaving navigable zones are subject to the tonnage dues below:

- For a ship of under 300 GT entering and leaving a navigable zone at the minimum frequency of 10 voyages a month, in that month it will be subject to 70% of the rate specified in Clause 1 of this Article;

- For a ship of between 300 GT and under 1,500 GT entering and leaving a navigable zone at the minimum frequency of 7 voyages a month, in that month it will be subject to 60% of the rate specified in Clause 1 of this Article;

- For a ship of between 1,500 GT and under 50,000 GT entering and leaving a navigable zone at the minimum frequency of 4 voyages a month, in that month it will be subject to 50% of the rate specified in Clause 1 of this Article;

- For a ship of 50,000 GT or over entering and leaving a navigable zone, it will be subject to 40% of the rate specified in Clause 1 of this Article.

d/ For a ship transshipping oil at Van Phong-Khanh Hoa bay, it will be subject to 50% of the rate specified in Clause 1 of this Article; this rate shall be applied through December 31, 2020;

dd/ For a ship of 50,000 GT or over transporting exported, imported or transited containers which enters and leaves a port on Cai Mep-Thi Vai river, it will be subject to 60% of the rate specified in Clause 1 of this Article; this rate shall be applied through December 31, 2020.

3. No tonnage dues shall be collected for:

a/ Ships entering and leaving navigable zones to take shelter from storm or bad weather, to receive emergency aid for diseased persons or hand over persons rescued at sea without cargo loading and unloading or passenger embarkation and disembarkation as certified by maritime administrations; and ships participating in search and rescue or flood, storm or natural disaster prevention and control activities as mobilized or approved by competent state agencies;

b/ Ships of foreign armed forces entering navigable zones to pay official or courtesy visits at the invitation of the Vietnamese State; and ships carrying foreign young people to navigable zones for cultural and sports exchanges at the invitation of Vietnamese ministries or ministerial-level agencies;

c/ Boats or canoes of passenger mother-ships mooring in water areas or zones which enter and leave ports;

d/ LASH barges operating together with LASH in navigable zones;

dd/ Ships in transit to Cambodia.

Article 8. Maritime safety assurance charge

1. Maritime safety assurance charge rates

For ships entering and leaving navigable zones, special-use ports or offshore oil and gas ports, or being in transit to Cambodia, the maritime safety assurance charge rates below shall apply:

2. Specific provisions on collection of maritime safety assurance charge:

a/ For a ship entering and leaving a navigable zone to take fuel, food and drinking water, to change crewmen, or for repair, dismantlement or test run after repair or building without cargo loading and unloading or passenger embarkation and disembarkation, it will be subject to 70% of the rate specified in Clause 1 of this Article;

b/ For a ship (except passenger ships) entering and leaving a navigable zone for more than 3 voyages a month, from the fourth time in that month, it will be subject to 80% of the rate specified in Clause 1 of this Article;

c/ Passenger ships entering and leaving navigable zones will be subject to maritime safety assurance charges below:

- For a ship of under 300 GT which enters and leaves a navigable zone at the minimum frequency of 10 voyages a month, in that month it will be subject to 70% of the rate specified in Clause 1 of this Article;

- For a ship of between 300 GT and under 1,500 GT which enters and leaves a navigable zone at the minimum frequency of 7 voyages a month, in that month it will be subject to 60% of the rate specified in Clause 1 of this Article;

- For a ship of between 1,500 GT and under 50,000 GT which enters and leaves a navigable zone at the minimum frequency of 4 voyages a month, in that month it will be subject to 50% of the rate specified in Clause 1 of this Article;

- For a ship of 50,000 GT or over which enters and leaves a navigable zone, it will be subject to 30% of the rate specified in Clause 1 of this Article.

d/ For a ship transshipping oil at Van Phong-Khanh Hoa bay, it will be subject to 50% of the rate specified in Clause 1 of this Article; this rate shall be applied through December 31, 2020;

dd/ For a ship of 50,000 GT or over transporting exported, imported or transited containers which enters and leaves a harbor on Cai Mep-Thi Vai river, it will be subject to 60% of the rate specified in Clause 1 of this Article; this rate shall be applied through December 31, 2020;

e/ For a ship on voyage which asks for calling at a seaport for emergency storm shelter without cargo loading and unloading or passenger embarkation and disembarkation, it will be subject to 50% of the rate specified in Clause 1 of this Article.

3. No maritime safety assurance charge shall be collected for:

a/ Boats or canoes of passenger mother-ships anchoring in navigable zones which are allowed to carry passengers into and out of seaports;

b/ Ships entering and leaving seaports to receive emergency aid for diseased persons or hand persons rescued at sea without cargo loading and unloading or passenger embarkation and disembarkation as certified by maritime administrations; and ships participating in search and rescue or flood, storm or natural disaster prevention and control activities as mobilized or approved by competent state agencies;

c/ For ships handling cargo at harbors or piers which are required to move to other navigable zones under port leaving permits issued by maritime administrations for urgent storm shelter, no maritime safety assurance charge shall be collected for their entry into and leaving from the ports to which they move for storm shelter and for their leaving from the ports from which they are licensed to move for storm shelter;

d/ Ships of foreign armed forces entering navigable zones to pay official or courtesy visits at the invitation of the Vietnamese State; and ships carrying foreign young people to navigable zones for cultural and sports exchanges at the invitation of Vietnamese ministries or ministerial-level agencies.

Article 9. Pilotage

1. Pilotage rates

a/ For ships using public maritime pilotage services provided by maritime pilotage organizations, the progressive pilotage rates below shall apply:

The minimum pilotage per time of pilotage is USD 300.

Example: For a ship of 20,000 GT operating along international routes and using public maritime pilotage services for a navigation distance of 35 nautical miles, the payable pilotage is as follows:

- For the first 10 nautical miles: 20,000 GT x 0.0034 USD/GT/nautical mile x 10 nautical miles = USD 680;

- For subsequent 20 nautical miles: 20,000 GT x 0.0022 USD/GT/nautical mile x 20 nautical miles = USD 880;

- For the last 5 nautical miles: 20,000 GT x 0.0015 USD/GT/nautical mile x 5 nautical miles = USD 150.

The total payable pilotage is USD 1,710.

b/ On the navigable channels below, for ships using public maritime pilotage services, the pilotage rates below shall apply:

The minimum pilotage is USD 300 per time of pilotage.

c/ For ships entering, leaving and moving within offshore oil and gas port areas or moving between oil and gas ports and using pilotage services, the pilotage rates below shall apply:

- Entry: USD 0.03/GT;

- Leaving: USD 0.03/GT.

d/ For ships of under 200 GT (including fishing ships), the pilotage rate of USD 40/ship/time of pilotage shall apply;

dd/ For ships moving within ports and using pilotage service, the pilotage rates below shall apply:

- USD 0.015/GT, for a navigation distance of under 5 nautical miles. The minimum pilotage is USD 100/ship;

- The rate specified at Point a, Clause 1 of this Article, for a navigation distance of 5 nautical miles or over.

2. Specific provisions on collection of pilotage:

a/ When in need of pilotage service, the carrier shall notify such to the pilotage organization at least 6 hours, or at least 24 hours, for offshore oil and gas ports, before the time of pilotage request. If wishing to change the time of request or cancel the request, the carrier shall notify such to the pilotage organization at least 3 hours, or at least 8 hours, for offshore oil and gas ports, in advance.

If the carrier wishes to cancel the request for pilotage service but notifies such to the pilotage organization fewer than 3 hours, or fewer than 8 hours, or offshore oil and gas ports, in advance, he/she shall pay a charge for the waiting time at the rate of USD 10/person/hour or USD 20/person and craft/hour. The waiting time shall be counted as follows:

- One hour, if the pilot has not yet left the place of departure;

- At least one hour, if the pilot has left the place of departure: The waiting time shall be counted from the time the pilot departs to the time he/she returns to the place of departure;

- If the pilot has completed his/her work for the ship but is retained by the shipmaster on board the ship, an extra waiting time charge shall be paid based on the number of retention hours.

The pilot may only wait at the place of destination of the ship for not more than 4 hours after the requested time of pilotage service. Beyond this time limit, the request for pilotage service shall be regarded as canceled and the ship owner shall pay an amount equaling 80% of the pilotage based on the pilotage distance previously requested for pilotage plus the pilotage specified in Clause 1 of this Article;

b/ For a ship running for testing machinery and equipment or calibrating the compass, the pilotage rate must equal 110% of the rate specified in Clause 1 of this Article;

c/ For a ship unable to operate due to technical incidents, the pilotage rate must equal 150% of the rate specified in Clause 1 of this Article, depending on the actual pilotage distance;

d/ For a ship requesting extraordinary pilotage (other than the cases specified at Points a, b and c, Clause 2 of this Article), the pilotage rate must equal 110% of the rate specified in Clause 1 of this Article;

dd/ The minimum pilotage (USD 300) shall apply to a ship unable to operate due to force majeure events (as certified by the maritime administration) although the pilot has arrived at the designated place;

e/ When a ship fails to navigate straight to the port of arrival but is required to anchor en route (except routes where nighttime navigation is not permitted), the carrier shall pay an extra amount for pilot transportation not exceeding USD 30/ship;

g/ When a ship has arrived at the pilot-waiting place at the time requested by the representative of the ship owner and approved by the maritime administration and pilotage organization, but the pilot has not appeared yet, thus making the ship wait, the pilot shall pay to the ship owner a charge for the waiting time at the rate of USD 100/hour, calculated based on the actual number of waiting hours;

h/ For a ship (except passenger ships) entering and leaving a navigable zone for more than 3 voyages a month, from the fourth voyage in that month, the pilotage rate must equal 80% of the rate specified in Clause 1 of this Article, and must not be lower than the minimum rate;

i/ For passenger ships entering and leaving a navigable zone at the minimum frequency of 4 voyages a month, the pilotage rate must equal 50% of the rate specified in Clause 1 of this Article, and must not be lower than the minimum rate;

k/ For passenger ships of 50,000 GT or over which enter and leave navigable zones, the pilotage rate must equal 40% of the rate specified in Clause 1 of this Article, and must not be lower than the minimum rate;

l/ For a ship that has to move between piers within a harbor as requested by the port enterprise’s director, the pilotage rate applicable to ships operating on domestic maritime routes shall apply;

m/ For a ship transshipping oil at Van Phong-Khanh Hoa bay, the pilotage rate must equal 50% of the rate specified in Clause 1 of this Article, and must not be lower than the minimum rate, and shall be applied through December 31, 2020;

n/ For a ship of 50,000 or over transporting exported, imported or transited containers which enters and leaves a harbor on Cai Mep-Thi Vai river, the pilotage rate must equal 50% of the rate specified in Clause 1 of this Article, and must not be lower than the minimum rate, and shall be applied through December 31, 2020;

o/ For a ship entering and leaving a navigable zone to take fuel, food or drinking water, to change crewmen, or for repair, dismantlement or test run without cargo loading and unloading or passenger embarkation and disembarkation, the pilotage rate must equal 70% of the rate specified in Clause 1 of this Article;

p/ No pilotage shall be collected for ships entering and leaving ports to hand over persons rescued at sea without cargo loading and unloading or passenger embarkation and disembarkation as certified by the maritime administration; and ships participating in search and rescue, or flood, storm and natural disaster prevention and control activities as mobilized or approved by competent state agencies.

Article 10. Anchorage in water areas or zones

1. For ships:

a/ For ships mooring in water areas or zones for the first 30 days (720 hours), the anchorage rate is USD 0.0005/GT/hour;

b/  For ships mooring in water areas or zones from the 31^st day (the 721^st hour) on, the anchorage rate is USD 0.0003/GT/hour;

c/ For ships mooring in offshore oil and gas ports, the anchorage rate is:

- USD 0.0003/GT/hour, for the first 30 days (720 hours);

- USD 0.0002/GT/hour, from the 31^st day (the 721^st hour) on.

d/ For ships mooring in different places within water areas or zones in navigable zones of a seaport, the payable anchorage shall be calculated based on the aggregate actual time of anchorage  in each place;

dd/ For passenger ships entering and leaving a navigable zone at the minimum frequency of 4 voyages a month, the anchorage rate applicable in that month must equal 50% of the rate specified at Point a or b, Clause 1 of this Article;

e/ For passenger ships of 50,000 GT or over which enter and leave navigable zones, the anchorage rate must equal 40% of the rate specified at Point a or b, Clause 1 of this Article;

g/ For ships transshipping oil at Van Phong-Khanh Hoa bay, the anchorage rate must equal 50% of the rate specified at Point a, b, c or d, Clause 1 of this Article; this rate shall be applied through December 31, 2020;

h/ For ships entering and leaving navigable zones for repair, dismantlement or test run without cargo loading and unloading or passenger embarkation and disembarkation, the anchorage must equal 70% of the rate specified at Point a, Clause 1 of this Article;

i/ No anchorage shall be collected for ships that:

- Wait for ebb-tide in the seaport waters before entering the port;

- Wait for sunrise by order of the maritime administration under regulations restricting nighttime navigation;

- Anchor for taking shelter from storm or bad weather, or for giving emergency aid to diseased persons or handing over persons rescued at sea without cargo loading and unloading or passenger embarkation and disembarkation as certified by maritime administrations.

2. For cargo:

a/ For cargo transshipped in water areas or zones for being carried to another navigable zone, the anchorage rates below shall apply:

- USD 0.07/ton, for ordinary cargo;

- USD 2/vehicle, for refrigerating trucks, crawler trucks, grabs, road-rollers, cargo lift vehicles, and cranes;

- USD 0.7/vehicle, for cars of 15 seats or less and vehicles of 2.5 tons or less;

- USD 1.3/vehicle, for other vehicles.

b/ No anchorage shall be collected for cargo transshipped for being carried to piers within the same navigable zone;

c/ For goods imported into Vietnam via Van Phong bay, the anchorage rate must equal 20% of the rate specified at Point a, Clause 2 of this Article;

d/ No anchorage shall be collected for goods transited (temporarily imported for re-export) via Van Phong bay.

Article 11. Wharfage for use of piers and buoys for in navigable zones

1. For ships:

a/ For ships mooring at piers or buoys, the rates below shall apply:

- USD 0.0031/GT/hour;

- USD 0.0013/GT/hour.

For ships mooring in different places within water areas or zones in navigable zones of a seaport, the payable wharfage shall be calculated based on the aggregate actual time of mooring in each place.

b/ For passenger ships entering and leaving a navigable zone at the minimum frequency of 4 voyages a month, the wharfage rate applicable in that month must equal 50% of the rate specified at Point a, Clause 1 of this Article;

c/ For passenger ships of 50,000 GT or over which enter and leave navigable zones, the wharfage rate must equal 40% of the rate specified at Point a, Clause 1 of this Article;

d/ For ships that still occupy piers or buoys though having received port-leaving orders, the wharfage rates below shall apply:

- USD 0.006/GT/hour, for ships occupying piers;

- USD 0.002/GT/hour, for ships occupying buoys.

dd/ For ships mooring alongside other ones at piers or buoys, the wharfage rate of USD 0.0015/GT-hour shall apply;

e/ When cargo handling has to be delayed due to bad weather for over one day (24 consecutive hours) or when piers are used for other ships first by orders of maritime administrations, no wharfage shall be collected for the delay period;

g/ For ships mooring in special-use oil and gas ports while handling cargo or taking oil and water, the wharfage rate of USD 0.3/m-hour shall apply; the minimum wharfage is USD 90/ship for each time of mooring;

h/ For ships mooring in offshore oil and gas ports without handling cargo or taking oil or water, the wharfage rate of USD 0.35/m-hour shall apply; the minimum wharfage is USD 100/ship per time of mooring;

i/ For ships mooring alongside in parallel with other ships mooring in special-use oil and gas ports, the wharfage rate of USD 0.08/m-hour shall apply; the minimum wharfage is USD 25/ship per time of mooring.

2. Wharfage rates for cargo handled at piers or buoy berths:

a/ For cargo handled at piers:

- USD 0.18/ton, for cargo;

- USD 1.6/ton, for 20-feet containers;

- USD 3.2/ton, for 40-feet containers;

- USD 4/ton, for over-40-feet containers.

b/ USD 0.09/ton, for cargo handled at buoys.

c/ For cargo being vehicles:

- USD 2.7/vehicle, for refrigerating trucks, crawler trucks, grabs, road-rollers, cargo lift vehicles, and cranes;

- USD 0.9/vehicle, for cars of 15 seats or less and vehicles of 2.5 tons or less;

- USD 1.8/vehicle, for other vehicles;

d/ USD 0.9/ton, for liquid cargo (liquefied gas, petrol and oil, liquefied asphalt, etc.;

dd/ USD 0.9/ton, for cargo handled at special-use oil and gas ports.

3. Wharfage rates for passengers using piers or buoy berths:

a/ Wharfage rates for using piers or buoy berths:

- Entry: USD 1/person;

- Leaving: USD 1/person;

- Free of wharfage for under-12 children.

b/ For a ship mooring in areas that is permitted to use other waterway craft for embarking or disembarking passengers visiting the mainland or islands, the anchorage rate specified in Clause 1, Article 10 shall apply to the ship, and the wharfage rate for use of piers and wharves of USD 1/passenger (for both entry and leaving) shall apply to passengers; the wharfage stated at Point a, Clause 3 of this Article shall not apply.

Article 12. Clearance fee and fee for certification of sea protests

1. Ships entering and leaving navigable zones, special-use ports or offshore oil and gas ports; and foreign ships operating in Vietnam’s maritime zones outside seaport waters must undergo state management procedures in accordance with Vietnamese law, and shall be subject to the fee rates prescribed below:

Upon carrying out procedures for their ships to enter navigable zones, payers may pay fees once for the whole voyage (one entry and one leaving).

2. Upon submission of sea protests, ships operating along international maritime routes shall pay a fee for certification of sea protests at the rate of USD 50.

Chapter III

MARITIME DUES, CHARGE AND FEE TARIFF FOR DOMESTIC MARITIME ACTIVITIES

Article 13. Tonnage dues

1. Tonnage dues rates

a/ For a ship entering and leaving navigable zones, special-use ports or offshore oil and gas ports, the tonnage dues rates below shall apply:

- Entry: VND 250/GT;

- Leaving: VND 250/GT.

b/ For a ship operating from shore to island, for each navigation from shore to island and vice versa, the tonnage dues rate of VND 500/GT shall apply for each time of landing;

c/ For a special-use oil and gas ship, for each movement from a navigable zone to an offshore oil and gas exploration area or vice versa, the tonnage dues rate below shall apply:

- Entry: VND 450/GT;

- Leaving: VND 450/GT.

d/ For a ship providing towage service or supplying fuel or food in a navigable zone, the tonnage dues rate of VND 100/GT/day of actual operation shall apply; tonnage dues shall be collected and paid on a monthly basis at this rate. Ship owners shall provide documents proving the non-operation of their ships and send them to maritime administrations for certification as a basis for non-collection of tonnage dues during the days their ships do not operate.

2. Specific provisions on collection of tonnage dues:

a/ For a ship (except passenger ships and ships specified at Point d, Clause 1 of this Article) entering and leaving a navigable zone for more than 3 voyages a month, from the fourth voyage on in that month, the tonnage dues rate must equal 60% of the rate specified in Clause 1 of this Article;

b/ For a ship entering and leaving a navigable zone to take fuel, food or drinking water, to change crewmen, or for repair, dismantlement, or test run after repair or building without cargo loading and unloading or passenger embarkation and disembarkation, the tonnage dues rate must equal 70% of the rate specified in Clause 1 of this Article;

c/ Passenger ships that enter and leave navigable zones are subject to the tonnage dues below:

- For a ship of under 500 GT entering and leaving a navigable zone at the minimum frequency of 10 voyages a month, the tonnage dues rate applicable in that month must equal 70% of the rate specified in Clause 1 of this Article;

- For a ship of between 500 GT and under 1,500 GT entering and leaving a navigable zone for 7 voyages a month, the tonnage dues rate applicable in that month must equal 60% of the rate specified in Clause 1 of this Article;

- For a ship of 1,500 GT or over entering and leaving a navigable zone for 4 voyages a month, the tonnage dues rate applicable in that month must equal 50% of the rate specified in Clause 1 of this Article.

3. No tonnage dues shall be collected for:

a/ Ships entering and leaving navigable zones to take shelter from storm or bad weather, to receive emergency aid for diseased persons or hand over persons rescued at sea without cargo loading and unloading or passenger embarkation and disembarkation as certified by maritime administrations; and ships participating in search and rescue, flood, storm or natural disaster prevention and control as mobilized or approved by competent state agencies;

b/ Boats or canoes of passenger ships mooring in water areas or zones which carry passengers from ships to the shore and vice versa;

c/ LASH barges operating in navigable zones together with LASH;

d/ Fishing ships and sports ships of Vietnam.

Article 14. Maritime safety assurance charge

1. Maritime safety assurance charge rates:

For ships entering and leaving navigable zones, special-use ports or offshore oil and gas ports, the maritime safety assurance charge rates below shall apply:

a/ For a ship of under 2,000 GT:

- Entry: VND 300/GT;

 - Leaving: VND 300/GT.

b/ For a ship of 2,000 GT or over:

- Entry: VND 600/GT;

 - Leaving: VND 600/GT.

c/ For ships operating from shore to island, for each navigation from shore to island and vice versa, the maritime safety assurance charge of VND 550/GT shall apply for each time of landing;

d/ For special-use oil and gas service ships, for each cycle of navigation from a navigable zone to an offshore oil and gas exploration area and vice versa, which is regarded as a voyage, the maritime safety assurance charge rate below shall apply:

- Entry: VND 950/GT;

- Leaving: VND 950/GT.

2. Provisions on collection of maritime safety assurance charges

a/ For a ship (except passenger ships) entering and leaving a navigable zone for more than 3 voyages a month, from the fourth voyage on, the maritime safety assurance charge rate must equal 80% of the rate specified in Clause 1 of this Article;

b/ For a ship entering and leaving a navigable zone to take fuel, food or drinking water, to change crewmen, or for repair, dismantlement, or test run after repair or building without cargo loading and unloading or passenger embarkation and disembarkation, the maritime safety assurance charge rate must equal 70% of the rate specified in Clause 1 of this Article;

c/ Passenger ships entering and leaving navigable zones shall be subject to maritime safety assurance charge as follows:

- For a ship of under 500 GT entering and leaving a navigable zone at the minimum frequency of 10 voyages a month, the maritime safety assurance charge rate applicable in that month must equal 70% of the rate specified in Clause 1 of this Article;

- For a ship of between 500 GT and under 1,500 GT entering and leaving a navigable zone at the minimum frequency of 7 voyages a month, the maritime safety assurance charge rate applicable in that month must equal 60% of the rate specified in Clause 1 of this Article;

- For a ship of 1,500 GT or over entering and leaving a navigable zone at the minimum frequency of 4 voyages a month, the maritime safety assurance charge rate applicable in that month must equal 50% of the rate specified in Clause 1 of this Article.

d/ For a ship on voyage which asks for calling at a seaport for emergency storm shelter without cargo loading and unloading or passenger embarkation and disembarkation, the maritime safety assurance charge rate must equal 50% of the rate specified in Clause 1 of this Article.

3. No maritime safety assurance charge shall be collected for:

a/ Boats or canoes of passenger ships mooring in water areas or zones which carry passengers from ships to the shore and vice versa;

b/ Self-propelled inland watercraft of under 500 GT (except those operating from shore to island);

c/ Inland watercraft being tugboats, push ships or barges in convoys; d/ Ships entering and leaving navigable zones to receive emergency aid for diseased persons or hand over persons rescued at sea without cargo loading and unloading or passenger embarkation and disembarkation as certified by maritime administrations; and ships participating in search and rescue, flood, storm or natural disaster prevention and control as mobilized or approved by competent state agencies;

dd/ Ships having cargo handled at wharves or piers which have to navigate to other navigable zones under port leaving permits of maritime administrations for emergency storm shelter are not subject to maritime safety assurance charge for their entry into and leaving from the ports to which they navigate to for storm shelter and for their leaving from the ports from which they are permitted to navigate for storm shelter.

Article 15. Pilotage

1. Pilotage rates:

a/ For a ship using public maritime pilotage service, the pilotage rate of VND 25/nautical mile shall apply; the minimum pilotage is VND 500,000;

b/ For a special-use oil and gas service ship using public maritime pilotage service, the pilotage rate of VND 35/GT/nautical mile shall apply; the minimum pilotage is VND 2 million.

c/ Pilotage rates for some channels are prescribed as follows:

d/ For a ship entering, leaving and moving within oil rig zones and using pilotage service, the pilotage rate below shall apply:

- Entry: VND 150/GT;

- Leaving: VND 150/GT.

dd/ For a ship moving within ports and using pilotage service, the pilotage rates below shall apply:

- VND 60/GT, for a pilotage distance of under 5 nautical miles. The minimum pilotage is VND 300,000/ship;

- The rate specified at Point a, Clause 1 of this Article, for a pilotage distance of 5 nautical miles or over. The minimum pilotage is VND 300,000/ship.

2. Specific provisions on collection of pilotage:

a/ When in need of  pilotage service, the carrier shall notify its request to the pilotage organization at least 6 hours in advance. If wishing to change the time of request or cancel the request, the carrier shall notify such to the pilotage organization at least 3 hours in advance.

If the carrier wishes to cancel the request for pilotage service but notifies such to the pilotage organization fewer than 3 hours in advance, he/she shall pay a waiting-time charge at the rates below:

- VND 20,000/person/hour, for pilots;

- VND 200,000/person and craft/hour, for pilot and craft;

- The waiting time shall be counted as follows:

+ One hour, if the pilot has not yet departed;

+ At least one hour, if the pilot has left the place of departure: The waiting time shall be counted from the time he/she departs to the time he/she returns to the place of departure;

+ If the pilot has completed his/her work for the ship but is retained by the shipmaster on board the ship, an extra charge shall be paid for the retention time.

The pilot shall only wait at the place of destination of the ship for not more than 4 hours after the requested time of pilotage service. Beyond this time limit, the request for pilotage service shall be regarded as canceled and the ship owner shall pay an amount equaling 80% of the pilotage based on the distance requested for pilotage plus the pilotage specified in Clause 1 of this Article.

b/ For a ship running for testing machinery and equipment or calibrating the compass, the pilotage rate must equal 110% of the rate specified in Clause 1 of this Article;

c/ For a ship unable to operate by itself due to technical incidents, the pilotage rate must equal 150% of the rate specified in Clause 1 of this Article;

d/ For passenger ships entering and leaving a navigable zone at the minimum frequency of 4 voyages a month, the pilotage rate applicable in that month must equal 50% of the rate specified in Clause 1 of this Article and must not be lower than the minimum rate;

dd/ For a ship failing to navigate straight to the port of arrival but required to anchor en route (except routes where nighttime navigation is not permitted), its owner shall pay an extra amount for pilot transportation not exceeding VND 300,000/ship/time;

e/ When a ship has arrived at the pilot-waiting place at the time requested by the representative of the ship owner and approved by the maritime administration but the pilot has not appeared yet, thus making the ship wait, the pilot shall pay to the ship owner a waiting time charge at the rate of VND 250,000/hour, calculated based on the actual number of waiting hours;

g/ For a ship unable to operate due to force majeure events as certified by the maritime administration although the pilot has arrived at the designated place, the minimum pilotage specified in Clause 1 of this Article shall apply;

h/ No pilotage shall be collected for ships entering and leaving ports to hand over persons rescued at sea without cargo loading and unloading or passenger embarkation and disembarkation as certified by the maritime administration; and ships participating in search and rescue, or flood, storm and natural disaster prevention and control activities as mobilized or approved by competent state agencies.

Article 16. Anchorage in water areas or zones

1. Ships anchoring in water areas or zones are subject to the anchorage rate of VND 5/GT/hour.

2. For passenger ships entering and leaving a navigable zone at the minimum frequency of 4 voyages a month, the anchorage applicable in that month must equal 50% of the rate specified in Clause 1 of this Article.

3. Ships anchoring under Article 20 of the Ministry of Transport’s Circular No. 10/2013/TT-BGTVT of May 8, 2013, guiding the implementation of a number of articles of the Government’s Decree No. 21/2012/ND-CP of March 21, 2012, on management of seaports and navigable channels, are subject to the anchorage rates below:

a/ VND 10/GT/day, for ships of under 100,000 GT;

b/ VND 8/GT/day, for ships of 100,000 GT or over.

4. For ships anchoring in water areas or zones for repair, dismantlement or test run without cargo loading and unloading or passenger embarkation and disembarkation, the anchorage rate must equal 70% of the rate specified in Clause 1 of this Article.

5. For ships anchoring in different places within water areas or zones inside navigable zones of a seaport, the anchorage shall be calculated based on the aggregate actual time of anchoring in each place.

6. No anchorage shall be collected for ships which:

- Wait for ebb-tide in the port waters before landing;

- Wait for sunrise by order of the maritime administration under regulations restricting nighttime navigation;

- Anchor to take shelter from storm or bad weather, receive emergency aid for diseased persons or hand over persons rescued at sea without cargo loading and unloading or passenger embarkation and disembarkation as certified by the maritime administration.

Article 17. Wharfage for use of piers and buoys

1. Ships using piers and buoys are subject to the wharfage rates below:

a/ VND 15/GT/hour, for ships mooring at piers;

b/ VND 10/GT/hour, for ships mooring at buoys.

2. For ships mooring in different places within water areas or zones inside navigable zones of a seaport, the wharfage shall be calculated based on the aggregate actual time of mooring in each place.

3. For passenger ships entering and leaving a navigable zone at the minimum frequency of 4 voyages a month, the wharfage rate applicable in that month must equal 50% of the rate specified in Clause 1 of this Article.

Article 18. Clearance fee and fee for certification of sea protests

1. Ships entering and leaving navigable zones, special-use ports or offshore oil and gas ports must undergo state management procedures in accordance with Vietnamese law and are subject to the fee rates below:

Upon carrying out procedures for ships to enter navigable zones, payers may pay fees once for the whole voyage (one entry and one leaving) of their ships.

2. Ships operating along domestic maritime routes, upon submission of sea protests, are subject to a fee for certification of sea protests at the rate of VND 100,000/certification.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 19. Effect

1. This Circular takes effect on February 20, 2016. To annul the Ministry of Finance’s Decision No. 98/2008/QD-BTC of November 4, 2008, promulgating regulations on maritime dues, charges and fees and the maritime dues, charge and fee tariff; the Ministry of Finance’s Circular No. 41/2012/TT-BTC of March 9, 2012, guiding maritime dues and charge rates for large-tonnage ships entering Cai Mep-Thi Vai port; and other legal documents which are contrary to this Circular.

2. To promulgate together with this Circular the List of navigable zones managed by maritime administrations.

3. The Vietnam Maritime Administration shall organize the implementation of this Circular.

4 Any problems arising in the course of implementation should be reported to the Ministry of Finance for consideration and settlement.

For the Minister of Finance
Deputy Minister
TRAN VAN HIEU

LIST OF NAVIGABLE ZONES MANAGED BY MARITIME ADMINISTRATIONS

(Promulgated together with the Ministry of Finance’s Circular No. 01/2016/TT-BTC of January 5, 2016)

THE END