Vietnam: Determining fees and charges for management and use of maritime administrations

Recently, the Minister of Finance of Vietnam has issued Circular No. 90/2019/TT-BTC providing amendments to Circular No. 261/2016/TT-BTC dated November 14, 2016 providing for maritime fees, charges and schedule of collection rates of maritime fees and charges and Circular No. 17/2017/TT-BTC dated February 28, 2017 on collection, payment, management and use of maritime fees and charges.

khoan chi quan ly, su dung phi, le phi cang vu hang hai, Thong tu 90/2019/TT-BTC

According to Clause 1 Article 2 of Circular No. 90/2019/TT-BTC of the Ministry of Finance of Vietnam amending Clauses 2 and 3 Article 3 of Circular No. 17/2017/TT-BTC, maritime administrations are permitted to retain 50% of total collected fees to cover their expenditures as prescribed below and transfer the remainder (or 50% of total collected fees) to central-government budget according to corresponding chapter, section and sub-section in the list of state budget entries.

Specifically, the retained amounts of collected fees shall be managed and used in accordance with regulations in Article 5 of Decree No. 120/2016/NĐ-CP dated August 23, 2016 of Vietnam’s Government detailing and guiding the implementation of a number of articles of the Law on fees and charges, including payment of the following expenditures:

- Other recurrent expenditures arising during the performance of tasks, service provision and fee collection of maritime administrations, including: expenditures on provision of professional improvement courses; labor protection costs or costs of uniforms provided to employees as prescribed; expenditures on management and operation of VTS system; and expenditures on implementation of administrative reform policies at seaports within the ambit of assigned duties of a maritime administration.

- Non-recurring expenditures incurred by maritime administrations, including: expenditures on maintenance and repair of VTS system and other equipment serving the performance of maritime safety and security tasks within seaport areas; expenditures on leasing of offices, canoe or public vessel piers (if any); expenditures on search and rescue of persons, cargoes, vehicles and ships suffering from accidents occurring in seaport areas; expenditures on prevention and treatment of environmental pollution within seaport waters.

- Specific expenditures covered by the Vietnam Maritime Administration according to Decision No. 32/2019/QD-TTg dated October 29, 2019 of the Prime Minister.

Moreover, statements of maritime fees and charges shall be made according to Circular No. 137/2017/TT-BTC dated December 25, 2017 of the Minister of Finance providing for examination, appraisal and publishing of annual budget statements.

View full text at Circular No. 90/2019/TT-BTC of the Ministry of Finance of Vietnam, effective from March 01, 2020.

Thu Ba

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