Decree No. 146/2016/ND-CP dated November 02, 2016, regulations on publishing of freights and surcharges of ocean container shipping and seaport charges

DECREE

REGULATIONS ON PUBLISHING OF FREIGHTS AND SURCHARGES OF OCEAN CONTAINER SHIPPING AND SEAPORT CHARGES

Pursuant to the Law on Government organization dated June 19, 2015;

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

Pursuant to the Law on Prices dated June 20, 2012;

At request of the Minister of Transport;

The government hereby issues this Decree providing regulations on listing freights and surcharges of container shipping industry and seaport charges.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree stipulates regulations on listing freights and surcharges of container shipping industry and seaport charges.

Article 2. Subject of application

This Decree applies to Vietnamese and foreign entities engaging in publishing container shipping freights, surcharges and seaport charges.

Article 3. Listed currency

1. The listed currency for container shipping freights by enterprises incorporated in Vietnam is Vietnam dong.

2. The listed currency for container shipping freights by enterprises incorporated overseas is Vietnam dong or convertible foreign currencies under regulations of laws

3. The listed currency for container shipping surcharges and seaport charges is Vietnam dong.

Article 4. Interpretation

For the purpose of this Decree, terms herein shall be construed as follows:

1. Freight refers to an amount of fee payable to a shipping carrier by a consignor under the ocean container shipping contract.

2. Container shipping surcharge (if any) refers to an additional charge for extra container shipping services beyond the freight paid by a consignor (hereinafter referred to as “surcharge”).

3. Seaport charge includes charges for cargo unloading, maritime pilot service, fees for using bridges, wharves, anchorage, charges for towage services and other services at seaports.

4. Listing of freights, surcharges and seaport charges refers to publishing of the amount of such freight, surcharges and seaport charges on the website of enterprise and its headquarters and in other proper form or shape such as putting up schedules of freights, surcharges and seaport charges at transaction places or selling points under the regulations of laws.

5. Ocean shipping company include shipping carriers that own or have transportation equipment and those without their own/chartered ships (hereinafter referred to as “ship broker”)

a) Shipping carrier refers to a shipping company transporting cargos in its own/chartered ships;

b) Ship broker refers to an agency that provides shipping services without use of its own/chartered ships and play a role as a consignor to shipping carriers.

Chapter II

PRICE SCHEDULE AND VALIDITY OF LISTED PRICES

Article 5. Price schedules

1. A price schedule shall specify:

a) Ports of departure and destination;

b) Prices according to shipping routes and transported cargoes. The listed prices are inclusive of extra relevant services, taxes, fees and charges (if any);

c) Information on ocean shipping companies or agents authorized to list prices, including: name of such companies, address, telephone number, facsimile and website address.

2. Schedules of seaport charges shall specify:

a) Information on shipping companies: name of such companies, address, telephone number, facsimile and website address.

b) The seaport charge schedule which was declared to the competent authority under regulations of laws. The listed prices are inclusive of extra relevant services, taxes, fees and charges (if any);

Article 6. Validity of price schedules

1. Freights and surcharges shall apply from the date of the initial listing by the shipping company or authorized agent or enterprise under provisions hereof.

2. Seaport charges shall apply from the date on which the seaport enterprises, seaport service providers declared seaport charges in accordance with regulations of law on prices and published service charge schedule under provisions hereof.

3. In case of increases in listed freights or surcharges, such increases shall apply after at least 15 days from the date on which the increased freights or surcharges are listed.

4. In case of decreases in listed freights or surcharges, such increases shall apply after at least 15 days from the date on which the new freights or surcharges are listed.

5. Any change in seaport charges shall be declared to the competent authority and listed in accordance with regulations of laws on prices.

6. Shipping companies, authorized agents and enterprises shall not be entitled to introduce any extra charges other than listed freight sand surcharges.

7. Shipping companies and authorized enterprises and seaport service providers shall be entitled to collect shipping freights which does not exceed the listed price within a set forth period and on the terms of listing.

Article 7. Rights and responsibilities of seaport enterprises, shipping companies or authorized enterprises

1. Seaport enterprises, shipping companies or authorized enterprises shall publish their service charges in accordance with provisions hereof and inform the website address where freights, service charges and surcharges are published to the Vietnam Maritime Administration; and promptly submit all relevant figures and documents upon written request by the State competent authority.

2. Seaport enterprises, shipping companies or authorized enterprises have the rights to claim for damage caused by violations against regulations on price listing under regulations of laws.

Article 8. Rights and responsibilities of customers

1. Clients have the right to negotiate freights, service charges or surcharges and claim for damage caused by poor quality services, deficiencies in quantity, discrepancies between actual freights and surcharges or others and those published under regulations of laws.

2. Clients shall fulfill their financial obligations to pay shipping freights, surcharges as agreed or set by the State and inform the State authority and relevant entities of violations against provisions hereof.

Article 9. State management of price listing

1. The Ministry of Transport shall:

a) Give directives on implementation of policies, measures and decisions on listing of freights, surcharge and seaport services;

b) Participate in inspection of compliance with laws on listing of freights, surcharges and seaport charges and other relevant regulations of laws within the administration of the Ministry of Transport.

2. The Ministry of Finance shall:

a) Take charge of inspection and examination of listed prices under regulations of laws;

b) Conduct State management of listing of freights, surcharges and seaport charges within the administration of the Ministry of Finance.

3. People’s Committees of provinces shall settle complaints (if any) and deal with violations against laws on listing of freights, surcharges and seaport charges within the province.

Chapter III

IMPLEMENTATION

Article 10. Entry into force

This Decree enters into forces from July 01, 2017.

Article 11. Implementation

1. The Ministry of Transport shall provide instructions and take charge of implementation of this Decree.

2. Ministers, Heads of Ministerial-level agencies, Heads of Governmental agencies and Presidents of People's Committees of provinces shall be responsible for the implementation of this Decree.