Vessels and passengers on which service charges are levied as of February 15, 2024 in Vietnam

Vessels and passengers on which service charges are levied as of February 15, 2024 in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

On December 25, 2023, the Minister of Transport issued Circular 39/2023/TT-BGTVT on the charge bracket for pilotage, use of wharves, docks and mooring buoys, container handling and towage services at Vietnamese Seaports.

Vessels and passengers on which service charges are levied as of February 15, 2024 in Vietnam

Specifically, Clauses 1 and 2, Article 3 of Circular 39/2023/TT-BGTVT stipulate the subjects calculating service prices at Vietnamese seaports from February 15, 2024 as follows:

(1) The service charges shall be levied on the following international maritime vessels and the passengers aboard:

- Vessels that enter, exit, transit or anchor in maritime zones; and the foreign vessels that operate at Vietnamese seaports;

- Vessels that carry imports, exports, commodities transshipped or in transit in maritime zones;

- Passenger vessels departing from Vietnam for a foreign country or vice versa; special purpose vessels which operate on international voyages entering, exiting, transiting or anchoring in maritime zones;

- Imports, exports, commodities transshipped or in transit that are loaded, unloaded, delivered, preserved and stored in maritime zones;

- Passengers on passenger vessels departing from a foreign country to Vietnam (or vice versa) by sea or by inland waterway through maritime zones.

(2) The service charges shall be levied on the following domestic marine vessels:

- Domestic marine vessels that enter, exit, pass through or anchor in maritime zones;

- Domestic maritime vessels that carry cargoes and passengers enter, exit, pass through or anchor in maritime zones;

- Vessels that operate on waterway routes between mainland’s coasts and islands within the territorial waters of Vietnam;

- Domestic cargoes that are loaded, unloaded, delivered, preserved and stored in maritime zones;

- Oil vessels which operate at offshore platforms and at the ports specialized in petroleum industry (hereinafter referred to as “petroleum ports”) under the management of a maritime port authority.

Note:

- Service charges shall not be levied on state-owned vessels that are special purpose vessels which are used to perform official public duties for non-commercial purposes in accordance with regulations of Circular 39/2023/TT-BGTVT.

- Charges for pilotage service and use of wharves, docks and mooring buoys shall not be levied on vessels that enter or leave a port to avoid storms or transfer people in distress at sea without commodity handling, discharge or embarkation of passengers, provided that the event is confirmed by the port authority; vessels that participate in rescue and salvage or in combating against a storm, flood or natural disaster under an order or endorsement of a competent government authority.

(Clause 3, 4 Article 3 Circular 39/2023/TT-BGTVT)

04 Principles of seaport service pricing at Vietnamese seaports

Principles of seaport service pricing at Vietnamese seaports include:

(i) The seaport service charge bracket is defined by general pricing method for goods and services prescribed in the law on prices and other relevant regulations of law.

(ii) The providers of seaport services shall specify their charges according to the charge bracket in accordance with Circular 39/2023/TT-BGTVTon seaport service pricing, the service quality and the market conditions.

(iii) The charges in the charge bracket defined in Circular 39/2023/TT-BGTVT are inclusive of value added tax.

(iv) The providers of seaport services shall use invoices as prescribed by law upon levying charges.

(Article 4 of Circular 39/2023/TT-BGTVT)

More details can be found in Circular 39/2023/TT-BGTVT taking effect on February 15, 2024.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE