Decree No. 146/2016/ND-CP dated November 02, 2016 of the Government on regulations on publishing of freights and surcharges of ocean container shipping and seaport charges

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Decree No. 146/2016/ND-CP dated November 02, 2016 of the Government on regulations on publishing of freights and surcharges of ocean container shipping and seaport charges
Issuing body: GovernmentEffective date:
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Official number:146/2016/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:02/11/2016Effect status:
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Fields:Finance - Banking , Navigation , Transport

SUMMARY

Companies must declare the seaport charge schedule

 

On November 02, 2016, the Government issued the Decree No. 146/2016/ND-CP dated November 02, 2016 of the Government on regulations on publishing of freights and surcharges of ocean container shipping and seaport charges, requires enterprises to declare the seaport charge schedule on publishing of freights and surcharges of ocean container shipping and seaport charges.

A price schedule shall specify ports of departure and destination; prices according to shipping routes and transported cargoes. The listed prices are inclusive of extra relevant services, taxes, fees and charges (if any); information on ocean shipping companies or agents authorized to list prices, including: name of such companies, address, telephone number, facsimile and website address.  Schedules of seaport charges shall specify information on shipping companies: name of such companies, address, telephone number, facsimile and website address. The seaport charge schedule which was declared to the competent authority under regulations of laws. The listed prices are inclusive of extra relevant services, taxes, fees and charges.

On validity of price schedules, the Decree prescribes that Freights and surcharges shall apply from the date of the initial listing by the shipping company or authorized agent or enterprise under provisions hereof. Seaport charges shall apply from the date on which the seaport enterprises, seaport service providers declared seaport charges in accordance with regulations of law on prices and published service charge schedule under provisions hereof. In case of increases in listed freights or surcharges, such increases shall apply after at least 15 days from the date on which the increased freights or surcharges are listed.
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Effect status: Known

THE GOVERNMENT 

Decree No. 146/2016/ND-CP dated November 02, 2016 of the Government on regulations on publishing of freights and surcharges of ocean container shipping and seaport charges
Pursuant to the Law on Government organization dated June 19, 2015;
Pursuant to the Vietnam Maritime Code dated November 25, 2015;
Pursuant to the Law on Prices dated June 20, 2012;
At request of the Minister of Transport;
The government hereby issues this Decree providing regulations on listing freights and surcharges of container shipping industry and seaport charges.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of adjustment
This Decree stipulates regulations on listing freights and surcharges of container shipping industry and seaport charges.
Article 2. Subject of application
This Decree applies to Vietnamese and foreign entities engaging in publishing container shipping freights, surcharges and seaport charges.
Article 3. Listed currency
1. The listed currency for container shipping freights by enterprises incorporated in Vietnam is Vietnam dong.
2. The listed currency for container shipping freights by enterprises incorporated overseas is Vietnam dong or convertible foreign currencies under regulations of laws
3. The listed currency for container shipping surcharges and seaport charges is Vietnam dong.
Article 4. Interpretation
For the purpose of this Decree, terms herein shall be construed as follows:
1. Freight refers to an amount of fee payable to a shipping carrier by a consignor under the ocean container shipping contract.
2. Container shipping surcharge (if any) refers to an additional charge for extra container shipping services beyond the freight paid by a consignor (hereinafter referred to as “surcharge”).
3. Seaport charge includes charges for cargo unloading, maritime pilot service, fees for using bridges, wharves, anchorage, charges for towage services and other services at seaports.
4. Listing of freights, surcharges and seaport charges refers to publishing of the amount of such freight, surcharges and seaport charges on the website of enterprise and its headquarters and in other proper form or shape such as putting up schedules of freights, surcharges and seaport charges at transaction places or selling points under the regulations of laws.
5. Ocean shipping company include shipping carriers that own or have transportation equipment and those without their own/chartered ships (hereinafter referred to as “ship broker”)
a) Shipping carrier refers to a shipping company transporting cargos in its own/chartered ships;
b) Ship broker refers to an agency that provides shipping services without use of its own/chartered ships and play a role as a consignor to shipping carriers.
Chapter II
PRICE SCHEDULE AND VALIDITY OF LISTED PRICES
Article 5. Price schedules
1. A price schedule shall specify:
a) Ports of departure and destination;
b) Prices according to shipping routes and transported cargoes. The listed prices are inclusive of extra relevant services, taxes, fees and charges (if any);
c) Information on ocean shipping companies or agents authorized to list prices, including: name of such companies, address, telephone number, facsimile and website address.
2. Schedules of seaport charges shall specify:
a) Information on shipping companies: name of such companies, address, telephone number, facsimile and website address.
b) The seaport charge schedule which was declared to the competent authority under regulations of laws. The listed prices are inclusive of extra relevant services, taxes, fees and charges (if any);
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ENGLISH DOCUMENTS

Official Gazette
Decree 146/2016/NĐ-CP PDF

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