RESOLUTION

ON AMENDMENTS TO CLAUSES 1, 2 AND 3 ARTICLE 1 OF RESOLUTION NO. 10/2020/NQ-HDND DATED DECEMBER 09, 2020 OF THE PEOPLE'S COUNCIL OF HO CHI MINH CITY REGARDING INTRODUCTION OF FEES FOR USE OF PUBLIC SEAPORT INFRASTRUCTURE AND UTILITIES AT SEAPORT AREAS OF HO CHI MINH CITY

THE SIXTH MEETING OF THE 10^TH PEOPLE'S COUNCIL OF HO CHI MINH CITY

Pursuant to the Law on Local Government Organization dated June 19, 2015; the Law on amendments to the Law on Governmental Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Promulgation of Legislative Documents dated June 22, 2015; The Law on amendments to certain Articles of Law on Promulgation of Legislative Documents dated June 18, 2020;

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

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

Pursuant to Decree No. 34/2016/ND-CP dated May 14, 2007 of the Government providing detailed regulations and implementation measures of the Law on Promulgation of Legislative Documents; Decree No. 154/2020/ND-CP dated December 31, 2020 of the Government of Vietnam amending certain articles of Decree No. 34/2016/ND-CP dated May 14, 2016 of the Government of Vietnam providing detailed regulations and implementation measures of the Law on Promulgation of Legislative Documents;

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Pursuant to Decree No. 163/2016/ND-CP dated December 21, 2016 of the Government of Vietnam providing detailed regulations and implementation guidance of certain Articles of the Law on State Budget;

Pursuant to Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Ministry of Finance providing guidance on fees and charges under competence in decision of the People's Councils of provinces and central-affiliated cities;

Considering Statement No. 2147/TTr-UBND dated June 29, 2022 of the People’s Committee of Ho Chi Minh City on amendments to Clauses 1, 2 and 3 Article 1 of Resolution No. 10/2020/NQ-HDND dated December 09, 2020 of the People's Council of Ho Chi Minh City regarding introduction of fees for use of public seaport infrastructure and utilities at seaport areas of Ho Chi Minh City; Verification Report No. 494/BC-HDND dated July 05, 2022 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 DECIDES:

Article 1. Amendments to Clauses 1, 2 and 3 Article 1 of Resolution No. 10/2020/NQ-HDND dated December 09, 2020 of the People's Council of Ho Chi Minh City regarding introduction of fees for use of public seaport infrastructure and utilities at seaport areas of Ho Chi Minh City

1. Amendments to Point a Clause 1 Article 1:

“a) Fee  payers

Organizations and individuals trading in temporarily imported goods, temporarily exported goods, goods under merchanting trade, goods in bonded warehouses or goods in transit that use public seaport infrastructure and utilities at seaport areas within Ho Chi Minh City;

Organizations and individuals trading in imports and exports that use public seaport infrastructure and utilities at seaport areas within Ho Chi Minh City”.

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“b) Scope of application: Seaport areas in Ho Chi Minh City”.

3. Amendments to Clause 2 Article 1:

“2. Fees amounts:

No.

Types of goods

Unit

Rate

1

Temporarily imported goods, temporarily exported goods: goods in transit

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...

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 20ft container

VND/cont

2.200.000

b

 40ft container

VND/cont

4.400.000

c

Liquid cargo and bulk cargo; less than container loads of multiple owners

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50.000

2

Goods sent to bonded warehouses, goods under merchanting trade transferred to storages of seaports  in Ho Chi Minh City (outside bonded warehouses and entrepôts)

a

20ft container

VND/cont

250.000

b

40ft container

...

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...

500.000

c

Liquid cargo and bulk cargo; less than container loads of multiple owners

VND/tonne

15.000

3

Imports and exports

a

20ft container

...

...

...

250.000

b

40ft container

VND/cont

500.000

c

Liquid cargo and bulk cargo; less than container loads of multiple owners

VND/tonne

15.000

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“3. Cases of fee exemption and reduction

a) Goods imported for direct use in national defense and security activities; exported or imported serving assurance of social security, mitigating consequences of natural disasters, calamities and diseases, shall be qualified for fee exemption.

b) Temporarily imported goods, temporarily exported goods, goods sent to bonded warehouses, goods in transit, goods under merchanting trade, imports and exports transferred to and from seaports by inland waterways transport (IWT) vessels on a given inland waterways network according to the Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on waterway transportation, shall be qualified for fee exemption;

c) Temporarily imported goods, temporarily exported goods, goods sent to bonded warehouses, goods in transit, goods under merchanting trade, imports and exports transferred to and from seaports by inland waterways transport (IWT) vessels on a given inland waterways network, shall be qualified for 50% fee reduction.

Article 2. Organizing implementation

1. In the period of organizing implementation of Resolution, the People's Council of Ho Chi Minh City hereby requests that the People’s Committee of Ho Chi Minh City:

a) Direct Departments and relevant units to improve dissemination of collection of fees for public seaport infrastructure and utilities at seaport areas in Ho Chi Minh City for individuals and enterprises for information and compliance;

b) Improve inspection and supervision of the collection of fees for public seaport infrastructure and utilities at seaport areas in Ho Chi Minh City to ensure the publication, transparency and accuracy of fees for payers as prescribed. It must be ensured that any collection of fees does not lead to any congestion of goods upon customs clearance at Seaport areas in Ho Chi Minh City;

c) Difficulties that the People’s Committee of Ho Chi Minh City needs to be solved during the implementation period should be reported to the People's Council of Ho Chi Minh City for consideration and decision.

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This Resolution is passed in the sixth meeting of the 10^th People's Council of Ho Chi Minh city on July 07, 2022 and will come into force from August 1, 2022./.

PRESIDENT




Nguyen Thi Le