Resolution 10/2020/NQ-HDND on fees for the use of infrastructure works and public utility services in the seaport border gate area in Ho Chi Minh City

RESOLUTION

REGARDING INTRODUCTION OF FEES FOR USE OF PUBLIC SEAPORT INFRASTRUCTURE AND UTILITIES IN SEA BORDER-GATE AREAS OF HO CHI MINH CITY

TWENTY-THIRD MEETING OF 9TH PEOPLE’S COUNCIL OF HO CHI MINH CITY

Pursuant to the Law on Local Government Organization dated June 19, 2015; the Law on Amendments and Supplements to certain Articles of the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Fees and Charges dated November 25, 2015;

Pursuant to the Law on Issuance of Legislative Documents dated June 22, 2015;

Pursuant to the Law on State Budget dated June 25, 2015;

Pursuant to the Government’s Decree No. 163/2016/ND-CP dated December 21, 2016, elaborating on implementation of certain articles of the Law on State Budget;

Pursuant to the Government's Decree No. 120/2016/ND-CP dated August 23, 2016 specifying and guiding the implementation of a number of articles of the Law on Fees and Charges;

Pursuant to the Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Minister of Finance, providing instructions about fees and charges under the decision-making authority of the People's Councils of provinces and centrally-affiliated cities;

In the light of the Report No. 4602/TTr-UBND dated December 3, 2020 of the People’s Committee of Ho Chi Minh city regarding introduction of fees for use of public seaport infrastructure and utilities in sea border-gate areas within the territory of Ho Chi Minh city; the Verification Report No. 809/BC-HDND dated December 6, 2020 of the Economy – Budget Committee of the People’s Council of Ho Chi Minh city and opinions given by members of the People’s Council of Ho Chi Minh city in the meeting.

HEREBY RESOLVES

Article 1. Approving of the introduction of fees for use of public seaport infrastructure and utilities in sea border-gate areas within the territory of Ho Chi Minh city, specifically as follows:

1. Subjects and scope of application:

a) Fee payers:

Institutional or individual merchants of temporarily imported – exported goods, goods under merchanting, merchandise in bonded warehouses or goods in transit that use seaport infrastructure in border-gate areas within Ho Chi Minh city.

Institutional or individual merchants of imports and exports that use seaport infrastructure in sea border-gate areas within Ho Chi Minh city (including entities and persons opening customs declarations in and outside Ho Chi Minh city).

b) Scope of application: Seaports located within Ho Chi Minh city.

2. Fee amounts:

3. Fee exemption cases:

Merchandise imported for direct use in national defense and security activities; exported or imported to ensure social security, mitigate consequences of natural disasters, calamities and diseases, shall be qualified for fee exemption.

4. Management and use of fees:

a) Authorized fee collection units:

Mandating the city People’s Committee to designate a unit to perform the task of collection of fees in accordance with laws; use that unit’s existing machinery for performing the additional task of collection of fees and minimize costs and expenses incurred during the fee collection unit’s operations.

b) Payment method:

Either non-cash payment or payment via the 24/7 payment service system of the city’s Customs is accepted.

c) Use of fees:

As regards fees paid into the city's budget: All fees for use of seaport infrastructure in border gate areas within Ho Chi Minh city less costs and expenses incurred from fee collection activities shall be remitted into the city’s budget for its management and targeted use thereof to serve the purposes of investment in construction and renovation of traffic infrastructure connected to seaports throughout the city.

As regards the retained rate of fees used to pay for fee collection activities: As factual data on estimated revenue and expenditure associated with fee collection activities are not available, the city People’s Committee shall be mandated to take control of management, use, payment or settlement of fees retained for fee collection activities in compliance with regulations of the Law on Fees and Charges and other relevant guiding documents on condition that the maximum retained amount is not greater than 1.5% of total fees collected. After one year of implementation of this Project, the city People’s Committee must review the results of collection of fees and spending of fees on fee collection activities in order to redefine the appropriate retained rate and present it to the city People’s Council to seek its decision.

Management and use of fees retained for fee collection activities must conform to regulations of the Law on Fees and Charges and other relevant guiding documents.

d) Registration, declaration, collection, remittance and settlement of fees:

These processes must be subject to the Law on Fees and Charges; Article 3, Chapter II in the Government’s Decree No. 120/2016/ND-CP dated August 23, 2016, specifying and guiding the implementation of a number of articles of the Law on Fees and Charges, and other relevant documents.

dd) Public disclosure of fee collection regime:

Such details as description of fees, fee amounts, methods and regulatory instruments on fee collection must be made available to the public at collection venues and on websites of authorized fee collection units.

5. Collection time: From 00:00 AM, July 1, 2021.

Article 2. Mandating the city People’s Committee to:

1. Lead and undertake implementation of this Resolution, ensuring public disclosure, transparency, timeliness and consistency throughout the city; take measures to collect fees in a correct and sufficient manner, and arrange fees remaining after setting aside a portion of fees for collection units’ targeted use in their investment in construction and renovation of traffic infrastructure connected to seaports within the city.

2. Direct researches aimed to determine fee amounts collected from institutional and individual merchants of domestic freight using public seaport infrastructure and utilities in sea border-gate areas within Ho Chi Minh city, and soon submit them to the city People’s Council to seek its decision.

3. In the course of implementation, where it is necessary to make any adjustment, the city People's Committee should report to the city People's Council to seek its decision.

Article 3. The Standing Committee of the city People’s Council, other Committees, Groups of delegates and delegates of the People’s Council shall closely supervise the implementation of this Resolution.

This Resolution is passed in the twenty-third meeting of the 9th People's Council of Ho Chi Minh city on December 9, 2020 and is entering into force as from January 1, 2021./.

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