Chapter II
SEAPORT SERVICE CHARGES
Article 8. Pilotage service charges
1. Gross tonnage (GT) is one of the fundamental units for pricing of pilotage service, where:
a) The gross tonnage of a vessel carrying liquid cargo shall be 85% of the maximum GT shown in the certificate issued by a registry issued to the vessel as per regulations, regardless of the availability of ballast tanks on such vessel;
b) The gross tonnage of a passenger vessel shall be 50% of the maximum GT shown in the certificate issued by a registry to the vessel as per regulations.
2. A carrier has to notify the pilotage organization at least 06 hours prior to its use of the maritime pilotage service and at least 24 hours prior to its use of the pilotage service at an offshore oil rig. In case of change in pilotage time or cancellation of pilotage service, the carrier must inform the pilotage organization at least 03 hours before the intended time, or 08 hours in case of an offshore oil rig.
3. If the pilot is retained after completing the pilotage, the captain of the vessel shall incur an additional wait charge for the duration during which the pilot is retained.
4. If the pilot has boarded the vessel but cancel the request of pilotage service, the vessel shall be subject to 80% of the charge for pilotage service commensurate with the requested distance of pilotage according to the charge.
5. The charge for pilotage service for a vessel on a voyage to test its machinery or to calibrate its compass shall be 110% of the maximum charge in a given decision of the Minister of Transport.
6. In case a vessel is inoperable due to technical issues and a tugboat has to be used, the charge for pilotage service shall be 150% of the maximum charge in a given decision of the Minister of Transport.
7. The charge for pilotage service requested ad hoc shall be 110% of the maximum charge in a given decision of the Minister of Transport.
8. The pilotage charge for a vessel that moves between the wharves in a port at the request of the director of the port company shall apply the pilotage charges for maritime vessels moving within a port.
9. The pilotage charge for a vessel that enters and exits a maritime zone for fuel, food, drinking water, crew replacement, repair, dismantling or test run shall be 70% of the maximum charge in a given decision of the Minister of Transport.
Article 9. Charges for use of wharves, docks and mooring buoys
1. Vessels mooring at multiple positions in dedicated waters inside of maritime zones of a seaport shall incur a charge commensurate to total actual length of time that they moor at a single position.
2. A vessel that is unable to perform from cargo handling due to bad weather conditions for a period of more than 1 day (24 consecutive hours) or concedes its wharf space to another vessel under an order of the director of the port authority shall be exempted from charges for the period of time over which such vessel is not in the process of cargo handling.
3. Gross tonnage (GT) is one of the basic units for pricing of charges for utilization of wharfs, docks and mooring buoys, where:
a) The gross tonnage of a vessel carrying liquid cargo shall be 85% of the maximum GT shown in the certificate issued by a registry issued to the vessel as per regulations, regardless of the availability of ballast tanks on such vessel;
b) The gross tonnage of a passenger vessel shall be 100% of the maximum GT shown in the certificate issued by a registry to the vessel as per regulations.
Article 10. Charges for container handling services
1. The handling service charge bracket levied on oversized and overloaded freight containers, containers that carry dangerous cargo and containers subject to special handling and storage requirements must not exceed 150% of the charge bracket in a given decision of the Ministry of Transport. In case the seaport enterprise needs to use specialized equipment to assist in the cargo handling, the extra charge shall be negotiated by the two parties.
2. The "Vessels (barges) ↔ Barges, cars, boxcars at wharves" service shall only be provided when the cargo has fully complied with regulations on customs supervision, weight inspection and other regulations before being loaded or unloaded.
3. Regarding new container transport routes at the ports in Region II and the Mekong Delta, port enterprises may apply container handling charges that are 80% of the charge bracket in a given decision of the Ministry of Transport for 03 years from the day on which the new route is officially opened.
Article 11. Charges for towage service
1. The charge for towage service shall be calculated as follows:
b) The actual towing time begins from the time the towing vessel starts towing, tugging or pushing the towed vessel to the time such towage is completed at the request of the captain of the towed vessel and the pilot. If the actual towing time is less than 01 hour, it can be rounded up to 01 hour. The maximum towing time shall be 02 hours. If the towing time is more than 02 hours, it must be confirmed by the captain or pilot, and the towage charge shall be 10% of the charge for 01 hour for the entire towing time in excess of 02 hours.
b) In case of provision of a tugboat with the quantity and power higher than the minimum level prescribed in seaport regulation of the regional maritime port authority, the towage service provider shall calculate the charge for towage service according to the minimum quantity and power of the tugboat prescribed in seaport regulation of the regional maritime port authority and the charge bracket in a given decision of the Ministry of Transport;
c) In case of provision of a tugboat with the quantity and power higher than the minimum level prescribed in seaport regulation of the regional maritime port authority at the request of the port authority, pilot, captain or shipping line, the towage service provider shall calculate the charge for towage service according to the actual quantity and power of the tugboat and the charge bracket in a given decision of the Ministry of Transport;
d) If the towage service fails to satisfy the vessel’s demands for entry into to a port, the charterer is entitled to sign another towage contract;
dd) If the towage service fails to satisfy the vessel’s demands for entry into to a port, the towage service provider shall maneuver a tugboat from another area to the towing position. The charge for tugboat maneuver shall be agreed upon by the two parties but must not exceed 70% of the charge bracket in a given decision of the Ministry of Transport and the actual number of hours of maneuver;
e) If the towage service provider provides a tugboat that fails to satisfy power requirement in accordance with the seaport regulation and at least 02 tugboats have to be used, the charge for towage service shall be calculated according to the charge bracket in a given decision of the Ministry of Transport corresponding to the tugboat power in accordance with the seaport regulation.
2. For Azimuth or VSP (Voith Schneider Propeller) tugboats, the charge must not exceed 150% of the charge bracket in a given decision of the Ministry of Transport.
3. If the tugboat arrives at the towed vessel pickup position punctually at the request of towed vessel owner and an approval from the port authority is obtained but the vessel to be towed is absent and keeps the tugboat waiting, the charterer shall incur a wait charge of 50% of the charge bracket in a given decision of the Ministry of Transport and according to the actual number of hours during which a vessel is kept waiting.
4. If the tugboat arrives at the towed vessel pickup position punctually at the request of charterer and an approval from the port authority is obtained but the vessel to be towed is not ready to be maneuvered and the tugboat has to return to the departure position or has to be used for other purposes, the charterer shall incur a wait charge of 50% of the charge bracket in a given decision of the Ministry of Transport and according to the actual number of hours of maneuver.
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Thông tư 12/2024/TT-BGTVT (Bản Word)
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