Vessels, commodities, and passengers on which seaport service charges are levied in Vietnam as of July 1, 2024

On May 15, 2024, the Minister of Transport issued Circular 12/2024/TT-BGTVT on mechanisms and policies for management of service charges at Vietnamese seaports

Vessels, commodities, and passengers on which seaport service charges are levied in Vietnam as of July 1, 2024

Vessels, commodities, and passengers on which seaport service charges are levied in Vietnam as of July 1, 2024 (Internet image)

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

Vessels, commodities, and passengers on which seaport service charges are levied in Vietnam as of July 1, 2024

Vessels, commodities, and passengers on which seaport service charges are levied in Vietnam as of July 1, 2024 are as follows:

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

- Vessels that enter, exit, transit or anchor in maritime zones; and the foreign vessels that operate in Vietnamese waters that are not part of seaport waters;

- 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 seaport service charges shall be levied on the following domestic maritime vessels and commodities:

- 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;

- 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.

(3) Service charges shall not be levied on state-owned vessels in accordance with regulations of this Circular.

(4) 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.

(Article 3 of Circular 12/2024/TT-BGTVT)

Principles of seaport service pricing at Vietnamese seaports as of July 1, 2024

According to Article 4 of Circular 12/2024/TT-BGTVT, the principles of seaport service pricing at Vietnamese seaports as of July 1, 2024 are as follows:

In accordance with applicable laws on seaport service pricing, the service quality and the market conditions, the providers of seaport services shall specify their charges but not exceeding the maximum charges for pilotage service; or within the charge bracket for use of wharves, docks and mooring buoys; the charge bracket for container handling services; and the charge bracket for towage services according to the decision of the Minister of Transport.

Currency used for calculating service charges at Vietnamese seaports as of July 1, 2024

- The charges for pilotage service, use of wharves, docks and mooring buoys, container handling services and towage service shall be levied on international vessels in Vietnam Dong or United States Dollar.

- The charges for pilotage service, use of wharves, docks and mooring buoys, container handling services and towage service shall be levied on domestic vessels in Vietnam Dong.

- The conversion of United States Dollar to Vietnam Dong shall be made as prescribed by law.

(Article 5 of Circular 12/2024/TT-BGTVT)

Nguyen Ngoc Que Anh

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