Decision No. 88/2004/QD-BTC dated November 19, 2004 of the Ministry of Finance promulgating maritime charges and fees

DECISION

PROMULGATING MARITIME CHARGES AND FEES

THE MINISTER OF FINANCE

Pursuant to the Vietnam Maritime Code;

Pursuant to August 28, 2001 Charge and Fee Ordinance No. 38/2001/PL-UBTVQH10;
Pursuant to the Government’s Decree No. 77/2003/ND-CP of July 1, 2003, 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;

At the proposal of the Ministry of Transport in Official Letter No. 5411/GTVT-VT of October 6, 2004,

DECIDES:

Article 1.- To promulgate together with this Decision the Table of maritime charges and fees.

Article 2.- The agencies assigned the task of organizing the collection of maritime charges and fees shall have to organize the collection thereof and be entitled to withhold a certain percentage (%) from the total collected charge and charge amount before remitting it into the state budget according to regulations of the Ministry of Finance.

Article 3.- The rates of maritime charges specified in this Decision and collected by seaport enterprises and enterprises managing special-use maritime channels are inclusive of value added tax.

Article 4.- This Decision takes effect as from January 1, 2005; the provisions on maritime charges and fees in the Finance Ministry’s Decision No. 61/2003/QD-BTC of April 25, 2003, and Decision No. 62/2003/QD-BTC of April 25, 2003,  and other regulations which are contrary to the provisions of this Decision are hereby annulled.

Article 5.- Organizations and individuals liable to pay maritime charges and fees; agencies and organizations which collect maritime charges and fees, and concerned units shall have to implement this Decision.

TABLE OF MARITIME CHARGES AND FEES

(Promulgated together with the Finance Ministry’s Decision No. 88/2004/QD-BTC of November 19, 2004)

Part I

GENERAL PROVISIONS

I. DETERMINATION OF PAYABLE MARITIME CHARGES AND FEES

Payable maritime charges or fees are those payable at the rates specified in this Table and determined on the following principles:

1. Gross tonnage (GT):

1.1. For dry carriers (including container carriers): It is the biggest GT as indicated in the Registry’s certificate.

1.2. For liquid cargo tankers: It is equal to 85% of the biggest GT as indicated in the Registry’s certificate, regardless of whether the ship has separation ballast water tanks or not.

1.3. For ships on arrival or exit for passenger transportation, repair or dismantlement: It  is equal to 50% of the biggest GT as indicated in the Registry’s certificate.

1.4. In the absence of GT, the following shall apply:

- Cargo ships: 1.5 deadweight ton is treated as 1 GT.

- Tug boats, push boats: 1 HP (Kw) is treated as 0.5 GT.

- Barges: 1 deadweight ton is treated as 1 GT.

1.5. For tug boats (or push boats) and towing or pushing barges: It is the total GT of the  convoy of tug boats (or push boats) and barges.

2. Unit of engine power: The main engine power is calculated in horse power (HP) or kW; part of 1 HP or kW shall be counted as 1 HP or kW.

3. Time unit:

- For the time unit being the day: One day is defined as 24 hours; 12 hours or less of a day shall be counted as half day; over 12 hours shall be counted as one full day.

- For the time unit being the hour: 1 hour is defined as 60 minutes; 30 minutes or less shall be counted as half hour; over 30 minutes shall be counted as one full hour.

4. Cargo weight (including tare weight) unit is ton or cubic meter (m³); Less than 0.5 ton or under 0.5 m³ shall be considered as null, 0.5 ton or 0.5 m³ or more shall be counted as 1 ton or 1 m³.  In a single bill of lading, the minimum weight to count shall be 1 ton or 1 m³. Each 2 m³ of cargo each ton of which occupies 2 m³ or more shall be counted as 1 ton.

5. The distance to count is nautical mile; less than 1 nautical mile shall be counted as 1 nautical mile. The unit for calculating wharfage is meter (m); less than one meter shall be counted as 1 meter.

6. Currencies in which maritime charges and fees shall be collected: 

- For maritime shipping along international routes: Maritime charges shall be paid in US dollar. The payment of charges shall comply with the Vietnamese State’s current regulations on foreign currency management. In cases where it is necessary to convert US dollar into Vietnam dong, the conversion shall be made at the average exchange rate on the interbank foreign currency market, announced by the State Bank of Vietnam at the time of payment.

- For maritime shipping between Vietnamese seaports, maritime charges shall be paid in Vietnam dong.

7. Where a voyage involves receipt and delivery of exports and imports at many Vietnamese seaports in combination with receipt and delivery of domestic cargoes, it shall be regarded as international transportation and the rates of maritime charges and fees for international shipping shall apply.

Particularly, cargo volumes transported domestically shall not be liable to mooring charges.

II. A NUMBER OF TERMS USED IN THIS DECISION SHALL BE CONSTRUED AS FOLLOWS

1. Export cargoes (including containers) mean cargoes having their places of consignment (departure) in Vietnam and places of delivery (destination) in foreign countries.

2. Import cargoes (including containers) mean cargoes having their places of consignment (departure) in foreign countries and places of delivery (destination) in Vietnam.

3. Transit cargoes (including containers) mean cargoes having their places of consignment (departure) and places of delivery (destination) outside the Vietnamese territory, carried to Vietnam’s seaports either in transit in these seaports or stored in warehouses or storing yards for further transportation.

4. Cargoes (including containers) in transshipment mean cargoes unloaded from ships, brought into transshipment areas for a given period of time before loaded onto other ships for transportation to other ports.

5. Ships include seagoing ships, river ships and other types of ships, boats and crafts  (with or without engine) operating on the sea and in waters contiguous to the Vietnamese seas.

6. Specialized ships include ships exclusively employed in oil and gas exploration and exploitation activities (ships employed in oil and gas service activities) and ships exclusively used for construction of marine works.

7. Carriers means persons who employ ships under their ownership or chartered ships under other people’s ownership to transport cargoes and/or passengers.

8. Entrusted persons mean organizations or individuals authorized by the carriers to carry out the loading, unloading, forwarding and preservation of cargoes at ports.

9. Voyage: An entry in a port and a leaving from such port by a ship shall be counted as a single voyage.

10. Navigable zone means a delimited water area under the management of a port authority, except for the following port authorities which are in charge of more than one navigable zone:

- The zone under the management of Quang Ninh port authorities is divided into four navigable zones, namely, Hon Gai zone, Cam Pha zone, Mui Chua zone and Van Gia zone.

- The zone under the management of Thua Thien - Hue port authorities is divided into four navigable zones, namely, Thuan An  zone and Chan May zone.

- The zone under the management of Da Nang port authorities is divided into two navigable zones, namely, Da Nang zone and Sa Ky zone.

- The zone under the management of Nha Trang port authorities is divided into three navigable zones, namely, Nha Trang zone, Ba Ngoi zone and Van Phong zone.

- The zone under the management of Vung Tau port authorities is divided into three navigable zones, namely, Phu My zone, Con Dao zone and the remaining zone.

III. DIVISION OF SEAPORT REGIONS

- Region 1: All ports lying from parallel 20 northward

- Region 2: All ports lying from parallel 11.5 to parallel 20

- Region 3: All ports lying from parallel 11.5 southward.

Part II

TABLE OF MARITIME CHARGES AND FEES FOR INTERNATIONAL MARITIME SHIPPING

A. OBJECTS OF APPLICATION

This Table of maritime charges and fees shall be applicable to the following objects:

1. Ships engaged in the transportation of cargoes (including containers) for export, import, in transit,international relay transportation, from or into export-processing zones; transportation of passengers from Vietnam to foreign countries or vice versa, and ships exclusively operating along international routes, which actually enter, leave, pass, moor or anchor in navigable zones or waters of Vietnamese seaports;

2. Cargoes (including containers), which are exported or imported, in transit or relay transportation, brought into or from export-processing zones for which maritime charges and fees shall be paid by their carriers or entrusted persons;

3. Passengers, including crewmen of passenger ships, entering Vietnam from foreign countries by sea or vice versa;

B. SPECIFIC PROVISIONS

I. TONNAGE CHARGES:

1. Tonnage charge rates:

Ships entering and leaving seaports, crude oil export port divisions (wharfless oil pumping stations) or ports exclusively used for petroleum activities shall be liable to tonnage charges at the following rates:

2. Principles for collection of charges:

2.1. A ship entering and leaving many seaports within the same navigable zone shall have to pay a tonnage charge only once at the rate specified at Point 1 of this Section.

2.2. Ships entering and leaving ports for replenishing fuel, food provisions, fresh water, changing crew members without loading and unloading cargoes, without embarking or disembarking passengers shall pay a tonnage charge equal to 70% of that specified at Point 1 of this Section.

2.3. Ships entering or leaving ports within the same navigable zone for more than three voyages in a month, shall, from the 4^th voyage on in the same month, be liable to a charge equal to 60% of that specified at Point 1 of this Section.

2.4. Organizations or individuals having ships entering and leaving ports in the same navigable for more than eight voyages in a month, shall, from the 9^th voyage on in the same month, pay a charge equal to 60% of that specified at Point 1 of this Section.

2.5. Organizations or individuals that have ships carrying tourists along fixed routes and calling at Vietnamese ports shall have to pay tonnage charges at the following rates:

- For ships of under 300 GT, calling at ports at the minimum frequency of 10 voyages/month/port, they shall be liable to a charge equal to 70% of the prescribed charge;

- For ships of between 300 GT and under 1,500 GT, calling at ports at the minimum frequency of seven voyages/month/port, they shall be liable to a charge equal to 60% of the prescribed charge;

- For ships of between 1,500 GT and under 50,000 GT, calling at ports at the minimum frequency of four voyages/month/port, they shall be liable to a charge equal to 50% of the prescribed charge;

- For ships of 50,000 GT or over, they shall be liable to a charge equal to 40%.

2.6. Ships that transship oil at Van Phong Bay, Khanh Hoa, shall be liable to a charge equal to 20% of that specified at Point 1 of this Section.

2.7. Ships liable to different charge rates upon each entering or leaving shall enjoy the lowest charge rate.

3. In the following cases, tonnage charge shall not be collected:

- Ships entering or leaving ports for storm sheltering or emergency medical treatment,

- Motor boats carrying passengers from mother ships anchored in lagoon or bay to shore or vice versa.

- Lighters of LASH ships operating at the ports of destination of their mother ships.

- Ships in transit to Cambodia.

II. MARITIME SAFETY ASSURANCE FEES

1. Maritime safety assurance fee rates

Ships entering and leaving seaports or ports in exclusive service of petroleum activities and in transit to Cambodia shall be liable to a maritime safety assurance fee as follows:

As from January 1, 2006, maritime safety assurance fees equal to 70% of the levels specified in this table shall be collected.

2. Principles for collection of fees 

2.1. A ship entering and leaving many seaports within the same navigable zone shall be liable to a maritime safety assurance fee once at the rate specified at Point 1 of this Section.

2.2. Cargo or passenger ships entering or leaving ports within the same maritime zone  for more than 3 voyages in a month, shall, from the 4^th voyage on in the same month, be liable to a fee equal to 80% of the fee specified at Point 1 of this Section.

2.3. Cargo or passenger ships entering or leaving ports within the same navigable zone  for more than 8 voyages in a month, shall, from the 9^th voyage on in the same month, be liable to a fee equal to 80% of the fee specified at Point 1 of this Section.

2.4. Ships arriving at permitted maritime positions for replenishing fuel, food provisions, fresh water, changing crew members or medical emergency treatment shall be liable to a fee equal to 50% of that specified at Point 1 of this Section.

2.5. Organizations and individuals that have ships carrying tourists along fixed routes and calling at Vietnamese ports shall be charged a maritime safety assurance fee at the following rates:

- For ships of under 300 GT, calling at ports at the minimum frequency of 10 voyages/month/port, they shall be liable to a fee equal to 70% of the prescribed fee;

- For ships of between 300 GT and under 1,500 GT, calling at ports at the minimum frequency of 7 voyages/month/port, they shall be liable to a fee equal to 60% of the prescribed fee;

- For ships of between 1,500 GT and under 50,000 GT, calling at ports at the minimum frequency of 4 voyages/month/port, they shall be liable to a fee equal to 50% of the prescribed fee;

- For ships of 50,000 GT or over, they shall be liable to a fee of 30% of the prescribed fee.

2.6. Ships that transship oil at Van Phong Bay, Khanh Hoa, shall be liable to a fee equal to 20% of the fee specified at Point 1 of this Section.

2.7. Ships liable to different fee rates upon each entering or leaving shall enjoy the lowest fee rate.

3. In the following cases, maritime safety assurance fee shall not be collected:

Motor boats carrying passengers from mother ships anchored in permitted navigable zone to shore or vice versa.

III. PILOTAGE CHARGES:

1. Pilotage charge rates:

1.1. Ships entering and leaving seaports under the pilotage of pilots shall be liable  to pilotage charges as follows:

The minimum charge payable per time of pilotage is USD 200.

1.2. For a number of routes, the following pilotage charge rates shall apply as followed:

1.3. Ships entering leaving or moving within a port division for crude oil export or moving between port divisions under the pilotage of pilots shall be liable to pilotage charge as follows:

- Arrival: 0.024 USD/GT

- Departure: 0.024/USD/GT

1.4. Ship of under 200 GT (including fishing ships) shall be liable to pilotage charges at the rate of USD 25/ship/time.

1.5. For each movement within a port under the pilotage of pilots, the charge rate of 0.015 USD/GT/movement shall apply, with the payable minimum charge being 50 USD/ship/ movement.

2. Principles for collection of charges:

2.1. Ship owners shall have to request pilotage at 6 hour notice, or 24 hour notice for port divisions for crude oil export.  Should there is any schedule change or cancellation of request for pilotage, it must be notified to pilots 3 hours in advance, or 8 hours for port divisions for crude oil export; past that time limit, ship owners shall have to pay for the detention  time at the level of 10 USD/pilot-hour, the method of counting the detention time shall be as follows:

a/ Pilots having not yet left the starting base: 1 hour of waiting shall be counted.

b/ For pilots having already left the starting base: the waiting time shall be counted from the time the pilot leaves the starting base to the time they return thereto.

c/ The pilot’s waiting time at the pilot station shall not exceed 4 hours. Beyond that duration, the request for pilotage shall be considered canceled; if the pilot has been on board but the ship owner cancels his/her request, a pilotage charge shall be paid according to the channel for which pilotage was required and at the prescribed rate.

d/ For pilots who have completed their work and are retained by shipmasters, additional charges shall be paid according to the time of retention.

2.2. For ships running for machinery and equipment testing or compass adjustment, they shall be liable to charges equal to 110% of that specified at Point 1 of this Section.

2.3. For ships maneuvering without running engine charge to technical breakdowns, they shall be liable to charges equal to 150% of that specified at Point a of this Section for the actual distance covered.

2.4. For ships requesting pilotage without advance notice (other than the above-said cases), they shall be liable to charges equal to 110% of that specified at Point 1 of this Section.

2.5. Where the pilot has arrived at the pilot station but the ship cannot operate charge to force majeure circumstances (as certified by port authorities), pilotage charge shall not be collected.

2.6. For ships which do not navigate straight to the ports of destination and anchor en route (except for routes along which nighttime navigation is not permitted), ship owners shall have to pay extra expenses for facilities used for reception and discharge of pilots.

2.7. Where a ship has punctually arrived at the pilot station at the time duly informed by the ship owner and accepted by port authorities and the pilot, but the pilot has not been there and causing the ship to wait, such pilot shall have to pay to the ships 100 USD/waiting hour for the actual waiting time.

2.8. Ships entering or leaving ports within the same navigable zone  for more than 3 voyages in a month, shall, from the 4th voyage on in the same month, be liable to a charge equal to 80% of that specified at Point 1 of this Section.

2.9. Organizations or individuals having ships entering or leaving ports within the same navigable zone  for more than 8 voyages in a month, shall, from the 9th voyage on in the same month, be liable to a charge equal to 80% of that specified at Point 1 of this Section.

2.10. Organizations and individuals that have ships carrying tourists along fixed routes at the minimum frequency of 4 voyages/month/port shall pay pilotage charges equal to 50% of that specified at Point 1 of this Section.

2.11. Organizations and individuals that have ships carrying tourists along fixed routes, which are of 50,000 GT or more,  shall pay pilotage charges equal to 40% of that specified at Point 1 of this Section.

2.12. Ships that transship oil at Van Phong Bay, Khanh Hoa, shall be liable to a charge equal to 20% of the level prescribed at Point 1 of this Section.

2.13. Where a ship has to move between wharves within a seaport at the request of the seaport’s director, for which the pilotage charge shall be incurred by the port authorities, such pilotage charge shall be paid as for pilotage within a port of ships operating between Vietnamese seaports.

IV. CHARGES FOR ANCHORING AND MOORING AT QUAY OR ROADSTEAD

1. For ships:

1.1 Ships anchoring and mooring at quay or roadstead shall be liable to mooring charges as follows:

- For the first 30 days, the applicable charge rate shall be 0.0005 USD/GT-hour

- For the 31^st day on, the applicable charge rate shall be 0.0003 USD/GT-hour

Ships anchoring and mooring at crude oil export port divisions (wharfless oil pumping stations), the mooring charge shall be as follows:

- For the first 30 days, the applicable charge rate shall be 0.0003 USD/GT-hour

- For the 31^st day on, the applicable charge rate shall be 0.0002 USD/GT-hour

For ships taking two or more berths within a port area managed by one port authority, payable charges shall be the total of charges payables for the actual time of anchoring or mooring and the rate at each berth.

1.2. Organizations and individuals that have ships carrying tourists along fixed routes with a frequency of 4 voyages/month/port at least shall pay a charge equal to 50% of that specified at Point 1.1 of this Section.

1.3. Organizations and individuals that have ships carrying tourists along fixed routes, which are of 50,000 GT or more, shall pay a charge equal to 40% of that specified at Point 1.1 of this Section.

1.4. Ships that transship oil at Van Phong Bay, Khanh Hoa, shall be liable to a charge equal to 20% of that specified at Point 1.1 of this Section.

1.5. Mooring charges shall not be collected for ships awaiting high tide in port waters before calling at Vietnamese ports.

2. For cargoes:

Cargoes transshipped at quay or roadstead for transportation to other ports in another navigable zone shall be liable to charges for mooring at quay or roadstead (for those transshipped at quay or roadstead for handling at pier in the same navigable zone shall not be liable to this charge) as follows:

- Ordinary cargoes: 0.07 USD/ton

- Refrigeration cars, caterpillars, excavators, road rollers, fork-lift trucks and cranes: 2 USD/unit.

- Cars of 15 seats or under, trucks of 2.5 tons or under: 0.7 USD/unit.

- Cars other than the above-said types: 1.3 USD/unit.

V. CHARGES FOR USE OF PIERS AND MOORING BUOYS IN SEAPORT AREAS

1. For ships:

1.1 Ships berthing at pier or buoy shall be liable to charges as follows:

- Berthing at pier: 0.0031 USD/GT-hour

- Berthing at buoy: 0.0013 USD/GT-hour

For ships taking two or more berths within a port, payable charges shall be the total of charges payable for the actual time of staying and the rate at each berth.

1.2. Organizations and individuals that have ships carrying tourists along fixed routes with the minimum frequency of 4 voyages/month/port shall pay a charge equal to 50% of that specified at Point 1.1 of this Section.

1.3. Organizations and individuals that have ships carrying tourists along fixed routes, which are of 50,000 GT or more, shall pay a charge equal to 40% of that specified at Point 1.1 of this Section.

1.4. Where a ship which has been ordered to leave the port, still occupies a berth at pier or buoy, it shall be liable to a charge at the following rates:

- At pier: 0.006 USD/GT-hour

- At buoy: 0.002 USD/GT-hour

1.5. Ships drawing alongside other ships at pier shall be liable to a charge at the rate of 0.0015 USD/GT-hour.

1.6. Where a ship has to stop the cargo handling charge to bad weather for more than one day (24 hours in a row) or has to give up its berth to another ship under the order of the port authority, the charge shall be exempt for the period of time when cargoes cannot be handled.

1.7. Ships directly berthing at pier in ports exclusively used for petroleum activities with handling cargoes or replenishing fuel and water shall be liable to charges at the rate of 0.3 USD/meter-hour, and the minimum rate for each berth at pier is 90 USD/ship.

1.8. Ships directly berthing at pier in ports exclusively used for petroleum activities without handling cargoes or replenishing fuel and water shall be liable to charges at the rate of 0.35 USD/meter-hour, and the minimum rate for each berth at pier is 100 USD/ship.

1.9. Ships drawing alongside other ships berthing at pier in ports exclusively used for petroleum activities shall be liable to charges at rate of 0.08 USD/meter-hour, and the minimum rate for each berth is 25 USD/ship.

2. For cargoes:

For cargoes (including containers) carried at pier or buoy shall be liable to charges  at the following rates:

a/ Handling cargoes at pier:

- For cargoes: 0.18 USD/ton.

- For 20-feet containers: 1.6 USD/container

- For 40-feet containers: 3.2 USD/container

- For over 40-feet containers: 4.0 USD/container

b/ Handling cargoes at buoy: 0.09 USD/ton.

c/ Means of transport:

- Refrigeration cars, caterpillars, excavators, road rollers, fork-lift trucks and cranes: 2.7 USD/unit.

- Cars of 15 seats or under, trucks of 2.5 tons or under: 0.9 USD/unit.

- Automobiles other than the above-said types: 1.8 USD/unit.

d/ Liquid cargoes (liquefied gas, petrol and oil, liquid asphalt,...), which are discharged by pumping from ship to tank cars, shall be charged at a rate of 0.9 USD/ton.

e/ Cargoes transported through ports in exclusive service of petroleum activities shall be charged at the rate of 0.9 USD/ton.

3. For passengers:

3.1. Passengers passing through (departing or arriving) pier or wharf shall have to pay charges  at the following rates:

- Entry: 1 USD/person

- Departure: 1 USD/person

(Under-12 children shall be exempt from charges).

3.2 Where ships anchoring in permitted areas use other means of waterway transport to carry passengers to shore or islands, the wharfage applicable to passengers is 1 USD/person (for both arrival and departure).

VI. CLEARANCE FEES:

1. Ships entering or leaving Vietnamese seaports shall have to carry out state management procedures as provided for by Vietnamese law and liable to the clearance  fee as follows:

 2. Fee for authentication (of sea protests): USD 20/time.

Part III

TABLE OF MARITIME CHARGES AND FEES FOR SHIPS EMPLOYED FOR DOMESTIC TRANSPORTATION BETWEEN VIETNAMESE SEAPORTS

A. OBJECTS OF APPLICATION

This table of maritime charges and fees shall be applicable to the following objects:

1. Ships engaged in the transportation of cargoes or passengers, and ships exclusively employed for domestic transportation between Vietnamese seaports, which actually enter, leave, pass, moor or anchor in navigable zones or waters of Vietnamese seaports;

2. Ships exclusively employed for petroleum activities and operating between petroleum port division and ports exclusively used for petroleum activities in the zone under the management of Vung Tau port authority;

3. Ships of armed forces, police, customs, port authorities and ships exclusively used for search and rescue, when performing their official duties, shall not be subject to this Decision; if engaged in economic activities, they shall be liable to maritime charges and fee specified in this table..

B. SPECIFIC PROVISIONS

I. TONNAGE CHARGES:

1.1. Ships entering and leaving Vietnamese seaports shall be liable to tonnage charges at the following rates:

- Entering: 250 VND/GT

- Leaving:  250 VND/GT

1.2. For ships exclusively employed for petroleum activities, every closed cycle of navigation from Vung Tau to oil and gas port divisions, ports exclusively used for petroleum activities and vice versa shall be counted as one voyage and liable to tonnage charges as follows:

- Entering: 350 VND/GT

- Leaving:  350 VND/GT

2. Principles for collection of charges:

2.1. A ship entering and leaving many seaports within the same navigable zone shall have to pay a tonnage charge only once at the rate specified at Point 1 of this Section.

2.2. Ships entering and leaving ports for replenishing fuel, food provisions, fresh water, changing crew members without loading and unloading cargoes, without embarking or disembarking passengers shall pay a tonnage charge equal to 70% of that specified at Point 1 of this Section.

2.3. Ships entering or leaving ports within the same navigable zone for more than three voyages in a month, shall, from the 4^th voyage on in the same month, be liable to a charge equal to 60% of that specified at Point 1 of this Section.

2.4. Organizations or individuals having ships entering and leaving ports in the same navigable for more than eight voyages in a month, shall, from the 9^th voyage on in the same month, pay a charge equal to 60% of that specified at Point 1 of this Section.

2.5. Ships berthing at buoy, quay or roadstead throughout the cargo handling period shall be liable to a charge equal to 50% of that specified at Point 1 of this Section.

2.6. Ships liable to different charge rates upon each entering and leaving shall enjoy the lowest due rate.

3. In the following cases, tonnage charge shall not be collected:

- Ships entering or leaving ports for storm sheltering or emergency medical treatment, without loading and unloading cargoes, without embarking or disembarking passengers. 

- Motor boats carrying passengers from mother ships anchored in lagoon or bay to shore or vice versa.

- Lighters of LASH ships operating at the ports of destination of their mother ships.

- Ships exclusively employed for fishing and sports sailboats of Vietnam.

II. MARITIME SAFETY ASSURANCE FEES

1. Maritime safety assurance fee rates

Ships entering and leaving Vietnamese seaports shall be liable to maritime safety assurance fees as follows:

1.1. For ships of 2,000 GT or under:

- Entering: 280 VND/GT

- Leaving:  280 VND/GT

1.2. For ships of 2,001 GT or more:

- Entering: 550 VND/GT

- Leaving:  550 VND/GT

1.3. For ships exclusively employed for petroleum activities, every closed cycle of navigation from Vung Tau to oil and gas port divisions, ports exclusively used for petroleum activities and vice versa shall be counted as one voyage and liable to tonnage fees as follows:

- Entering: 750 VND/GT

- Leaving:  750 VND/GT

2. Principles for collection of fees 

2.1. A ship entering and leaving many seaports within the same navigable zone shall be liable to a maritime safety assurance fee once at the rate specified at Point 1 of this Section.

2.2. Ships entering or leaving ports within the same maritime zone  for more than 3 voyages in a month, shall, from the 4^th voyage on in the same month, be liable to a fee equal to 80% of that specified at Point 1 of this Section.

2.3. Cargo or passenger ships entering or leaving ports within the same navigable zone  for more than 8 voyages in a month, shall, from the 9^th voyage on in the same month, be liable to a fee equal to 80% of the fee payable in the same case.

2.4. Ships arriving at permitted maritime positions for replenishing fuel, food provisions, fresh water, changing crew members or medical emergency treatment shall be liable to a fee equal to 50% of that specified at Point 1 of this Section.

2.5. Ships liable to different fee rates upon each entering and leaving shall enjoy the lowest fee rate.

3. In the following cases, the maritime safety assurance fee shall not be collected:

- Motor boats carrying passengers from mother ships anchored in permitted navigable zone to shore or vice versa.

- River ships, including tug boats, push boats, sea-going barges, LASH barges of means of riverway transport.

III. PILOTAGE CHARGES:

1. Pilotage charge rates:

1.1. Ships entering and leaving Vietnamese seaports under the pilotage of pilots shall be liable  pilotage charges as follows:

Entering or leaving ports: VND 25 GT-mile

The minimum charge payable per time of pilotage is VND 300,000

1.2. For a number of routes, the following pilotage charge rates shall apply:

1.3. Ships entering leaving or moving within areas of oil and gas rigs  under the pilotage of pilots shall be liable to pilotage charges as follows:

- Arrival: 120 VND/GT

- Departure: 120/VND/GT

1.4. For each movement within a port under the pilotage of pilots, the charge rate of 60 VND/GT shall apply, with the payable minimum charge being 200,000 VND/ship/ movement.

2. Principles for collection of charges:

2.1. Ship owners shall have to request pilotage at 6 hour notice. Should there is any schedule change or cancellation of request for pilotage, it must be notified to pilots 3 hours in advance; beyond this time limit, ship owners shall have to pay for the detention  time at the following rates:

a/ Pilots: VND 20,000/pilot-hour

b/ Pilots and ships: VND 200,000/pilot-hour

The waiting time shall be calculated as follows:

a/ The pilot has not yet left the starting base: one hour of waiting shall be counted;

b/ The pilot has already left the starting base: the waiting time shall be counted from the time the pilot leaves the starting base to the time they return thereto.

c/ The pilot’s waiting time at the pilot station shall not exceed 4 hours. Beyond that duration, the request for pilotage shall be considered canceled; if the pilot has been on board but the ship owner cancels his/her request, a pilotage charge shall be paid according to the channel for which pilotage was required and at the prescribed rate.

d/ For pilots who have completed their work and are retained by shipmasters, additional charges shall be paid according to the time of retention.

2.2. For ships running for machinery and equipment testing or compass adjustment, they shall be liable to charges equal to 110% of that specified at Point 1 of this Section.

2.3. For ships maneuvering without running engine charge to technical breakdowns, they shall be liable to charges equal to 150% of that specified for the actual distance covered.

2.4. For ships which do not navigate straight to the ports of destination and anchor en route (except for routes along which nighttime navigation is not permitted), ship owners shall have to pay extra expenses for facilities used for reception and discharge of pilots.

2.5. Where a ship has punctually arrived at the pilot station at the time duly informed by the ship owner and accepted by port authorities and the pilot, but the pilot has not been there and causing the ship to wait, such pilot shall have to pay to the ships 250,000 VND/waiting hour for the actual waiting time.

2.6. Where the pilot has arrived at the pilot station but the ship cannot operate charge to force majeure circumstances (as certified by port authorities), pilotage charge shall not be collected.

IV. CHARGES FOR ANCHORING AND MOORING AT QUAY OR ROADSTEAD

Ships anchoring and mooring at quay or roadstead shall be liable to mooring charges at the rate of VND 5/GT-hour.

V. CHARGES FOR USE OF PIERS AND MOORING BUOYS IN SEAPORT AREAS

- Ships berthing at pier shall be liable to charges at a rate of 15 VND/GT-hour

- Ships berthing at buoy shall be liable to charges at a rate of 10 VND/GT-hour

VI. CLEARANCE FEES:

1. Ships entering or leaving Vietnamese seaports shall have to carry out state management procedures as provided for by Vietnamese law and liable to the following clearance fees as follows:

2. Fee for authentication (of sea protests): VND 100,000/time.-