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

DECREE

Prescribing the display of seaborne container freights and freight surcharges and seaport service charges[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 25, 2015 Maritime Code of Vietnam;

Pursuant to the June 20, 2012 Law on Price;

At the proposal of the Minister of Transport;

The Government promulgates the Decree prescribing the display of seaborne container freights and freight surcharges and seaport service charges.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the display of seaborne container freights and freight surcharges and seaport service charges.

Article 2. Subjects of application

This Decree applies to Vietnamese and foreign organizations and individuals involved in the display of seaborne container freights and freight surcharges and seaport service charges.

Article 3. Currencies used in displaying seaborne container freights and freight surcharges and seaport service charges

1. Seaborne container freights of enterprises established in Vietnam shall be displayed in Vietnam dong.

2. Seaborne container freights of enterprises established overseas shall be displayed in Vietnam dong or a convertible foreign currency as prescribed by law.

3. Seaborne container freight surcharges and seaport service charges shall be displayed in Vietnam dong.

Article 4. Interpretation of terms

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

1. Seaborne container freight means remuneration paid by a charterer to a carrier under a seaborne container shipping contract (below referred to as freight).

2. Seaborne container freight surcharge (if any) means a sum of money paid to a carrier in addition to freight (below referred to as surcharge).

3. Seaport service charges include container loading and unloading service charge; maritime pilotage service charge; pier, wharf and mooring buoy use charge; towage service charge; and other seaport service charges.

4. Display of freights, surcharges and seaport service charges means an enterprise’s publicization of freight and surcharge rates or seaport service charge rates on its website, at its head office or in other proper and clear forms such as posting up printed or handwritten tables of freight and surcharge rates or seaport service charge rates at the places of transactions or places of goods or service sale without misleading clients about such rates.

5. Sea transport enterprises include sea transport enterprises with ships and sea transport enterprises without ships.

a/ A sea transport enterprise with ships is an enterprise that directly exploits the whole or part of ships’ tonnage for cargo transportation;

b/ A sea transport enterprise without ships is an enterprise that provides sea transport services using ships which it does not directly exploit and that acts as the consignor in the relationship with a ship-exploiting enterprise.

Chapter II

CONTENTS OF DISPLAY OF FREIGHTS, SURCHARGES AND SEAPORT SERVICE CHARGES AND VALIDITY OF DISPLAYED FREIGHT, SURCHARGE AND CHARGE RATES

Article 5. Contents of display of freights, surcharges and seaport service charges

1. Contents of display of freights and surcharges:

a/ Places of departure and places of arrival of transport routes;

b/ A list and rates of freights and surcharges for transport routes and types of to-be-transported cargoes; displayed freight and surcharge rates are inclusive of relevant service charges and taxes, charges and fees (if any);

c/ Information on the concerned sea transport enterprise or agent or enterprise authorized to display freights and surcharges, including its name, transaction address, telephone number, fax number and website address.

2. Contents of display of seaport service charges:

a/ Information on the concerned seaport enterprise, including its name, transaction address, telephone number, fax number and website address;

b/ The table of seaport service charge rates already declared by the enterprise with competent authorities under regulations.

Displayed charge rates are inclusive of taxes, charges and fees (if any).

Article 6. Validity of displayed freight and surcharge rates and seaport service charge rates

1. Freight and surcharge rates shall be valid from the date they are displayed for the first time by sea transport enterprises or authorized agents or enterprises under this Decree.

2. Seaport service charge rates shall be valid from the date seaport enterprises or seaport service providers complete the declaration of service charge rates in accordance with the law on price and display charge rates under this Decree.

3. In case an enterprise increases the freight or surcharge rates already displayed, it shall provide the validity date of new freight or surcharge rates which, however, must not be earlier than 15 consecutive days prior to the date of announcement of such increase.

4. In case an enterprise decreases the freight or surcharge rates already displayed, the validity date of the new freight or surcharge rates shall be the date of announcement of such decrease.

5. Any change in seaport service charge rates must be declared to competent agencies and announced in accordance with the law on price.

6. Sea transport enterprises and authorized enterprises may not collect any sums of money other than freights and surcharges already displayed.

7. Sea transport enterprises and authorized enterprises may only collect freights and surcharges and seaport service providers may only collect seaport service charges at rates not exceeding the displayed rates within the periods and under the conditions for their application.

Article 7. Rights and obligations of seaport enterprises, sea transport enterprises and authorized enterprises

1. Seaport enterprises, sea transport enterprises and authorized enterprises shall make public information under this Decree and notify in writing the Vietnam Maritime Administration of the addresses of websites where freights, seaport service charges or surcharges are displayed; and promptly, accurately and sufficiently provide related figures and documents when so requested in writing by competent state agencies.

2. Seaport enterprises, sea transport enterprises and authorized enterprises may request organizations and individuals to pay compensations for damage caused by the latter’s violation of price display regulations in accordance with law.

Article 8. Rights and obligations of enterprise clients

1. Enterprise clients may opt freights and surcharges when negotiating service agreements; and claim compensations for damage in case the purchased services do not conform with quality and quantity standards announced, freight or surcharge rates displayed or other contents publicized by service providers under regulations.

2. Enterprise clients shall make payment at the freight and surcharge rates agreed or opted by themselves or set by the State when buying services; and inform state agencies and related organizations and individuals of any signs of violation of the provisions of this Decree.

Article 9. State management of the display of freights, surcharges and seaport service charges

1. The Ministry of Transport shall:

a/ Organize the implementation of policies, measures and decisions on display of freights, surcharges and seaport service charges;

b/ Participate in the inspection and examination of the compliance with regulations on display of freights, surcharges and seaport service charges and other related regulations under its management.

2. The Ministry of Finance shall:

a/ Assume the prime responsibility for organizing the inspection and examination of display of freights, surcharges and seaport service charges under regulations;

b/ Organize the implementation of contents on state management of display of freights, surcharges and seaport service charges under its management.

3. Provincial-level People’s Committees shall settle complaints and denunciations (if any) and handle violations of the law on display of freights, surcharges and seaport service charges under their management in accordance with law.

Chapter III

IMPLEMENTATION PROVISIONS

Article 10. Effect

This Decree takes effect on July 1, 2017.

Article 11. Implementation responsibility

1. The Ministry of Transport shall guide and organize the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC