DECREE

ON PROVISION OF LOGISTICS SERVICES

Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Commerce dated June 14, 2005;
Pursuant to the Law on Investment dated November 26, 2014;
At the request of the Minister of Industry and Trade;
The Government hereby promulgates a Decree on provision of logistics services.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree deals with provision of logistics services and limitations on liability of logistics service providers.
Article 2. Regulated entities
This Decree applies to logistics service providers and relevant organizations and individuals.
Article 3. Classification of logistics services
Logistics services include:

1. Container handling services, except for services provided at airports.
2. Container warehousing services classified as auxiliary services for sea transport.
3. Warehousing services classified as all auxiliary services for multimodal transport.
4. Delivery services.
5. Freight transport agency services.
6. 6. Customs brokerage services (including customs clearance services).
7. Other services including bill of lading inspection, cargo brokerage services, cargo inspection, sampling and weighing services; goods receipt and acceptance services; and preparation of transport documents.
8. Wholesaling auxiliary services and retailing auxiliary services including management of goods in storage, and collection, collation and classification of goods and their delivery.
9. Cargo transport services classified as sea transport services.
10. Cargo transport services classified as inland waterway transport services.
11. Cargo transport services classified as rail transport services.
12. Cargo transport services classified as road transport services.
13. Air carriage services.
14. Multimodal transport services.
15. Technical inspection and analysis services.
16. Other auxiliary services for transport.
17. Other services under the agreement signed between the logistics service provider and customer according to basic rules of the Law on Commerce.

Chapter II
CONDITIONS FOR PROVISION OF LOGISTICS SERVICES AND LIMITATIONS ON LIABILITY OF LOGISTICS SERVICE PROVIDERS
Article 4. Conditions for provision of logistics services

1. Providers of any of the logistics services specified in Article 3 of this Decree must satisfy conditions for provision of such services as prescribed by law.
2. Regarding the provider that provides part or whole of logistic services on the Internet, cellular network or other open networks, in addition to satisfying the conditions that are applied to the services specified in Article 3 of this Decree, such provider must comply with regulations on e-commerce.
3. Conditions to be satisfied by a foreign investor in provision of logistics services:

In addition to complying with the conditions and regulations specified in Clauses 1 and 2 of this Article, a foreign investor in the country or territory that is a World Trade Organization member may provide logistics services under the following conditions:

1. a) For cargo transport services classified as sea transport services (except for inland transport):

– The foreign investor may establish companies operating ships flying Vietnamese flag or contribute capital, purchase shares or stakes in another enterprise, provided the holding of the foreign investor in such company does not exceed 49%. Total number of foreign seafarers working on the ship flying Vietnamese flag (or registered in Vietnam) under the ownership of these companies in Vietnam shall not exceed 1/3 of the ship’s personnel. Captain or first mate must be a Vietnamese citizen.
– The foreign sea transport company may establish an enterprise or contribute capital, purchase shares or stakes in another enterprise.

1. b) For container handling services classified as auxiliary services for sea transport (some areas may be used exclusively for provision of services or procedures for issuance of licenses may be completed in these areas), the foreign investor may establish an enterprise or contribute capital, purchase shares or stakes in another enterprise, provided the holding of the foreign investor in such company does not exceed 50%. The foreign investor may establish a commercial presence in Vietnam under a business cooperation agreement.
2. c) For container handling services classified as auxiliary services for multimodal transport, except for services provided at airports, the foreign investor may establish an enterprise or contribute capital or purchase shares or stakes in another enterprise, provided the holding of the foreign investor in such company does not exceed 50%.
3. d) For customs clearance services classified as auxiliary services for sea transport, the foreign investor may establish an enterprise or contribute capital or purchase shares or stakes in another enterprise which is invested in by a domestic investor. The foreign investor may establish a commercial presence in Vietnam under a business cooperation agreement.
4. dd) For other services including bill of lading inspection, cargo brokerage, cargo inspection, sampling and weighing services; goods receipt and acceptance services; and preparation of transport documents, the foreign investor may establish an enterprise or contribute capital or purchase shares or stakes in another enterprise which is invested in by a domestic investor.
5. e) For cargo transport services classified as inland waterway transport services or cargo transport services classified as rail transport services, the foreign investor may establish an enterprise or contribute capital or purchase shares or stakes in another enterprise, provided the holding of the foreign investor in such company does not exceed 49%.
6. g) For cargo transport services classified as road transport services, the foreign investor may provide such services under a business cooperation agreement or establish an enterprise or contribute capital or purchase shares or stakes in another enterprise, provided the holding of the foreign investor in such company does not exceed 51%. All drivers of the enterprise must be Vietnamese citizens.
7. h) For air carriage services provided in contravention of regulations of the law on aviation.
8. i) For technical inspection and analysis services:

– Regarding the services provided to exercise authority of the Government, they may be provided by an enterprise which is invested in by a domestic investor after three years or by an enterprise in which foreign investment is not limited after five years from the date on which the private service provider is allowed to provide such services.
– It is not allowed to provide vehicle inspection services and issue certificates to such vehicles.
– The provision of technical analysis and inspection is limited in the areas determined by the competent authority for national defense and security reasons.

4. In case the foreign investor is regulated by international treaties containing different regulations on conditions for provision of logistics services, the foreign investor may select to apply investment conditions specified in one of such treaties.

Article 5. Limitations on liability

1. Limitations on liability are maximum liability assumed by logistics service providers for granting compensation to customers for losses incurred during the provision of logistic services in accordance with regulations of this Decree.
2. In case limitations on liability of logistics service providers are specified by a relevant law, such relevant law shall be complied with.
3. In case limitations on liability of logistics service providers are not specified by any law, such limitations shall be agreed upon by the parties. In case no agreement is made:
4. a) In case customer fails to give a prior notice of the value of cargoes, the maximum liability shall be 500 million dong for each claim for compensation.
5. b) In case customer gave a prior notice of the value of cargoes and this was verified by the logistics service provider, the liability shall not exceed such value.
6. In case a logistics service provider performs multiple tasks on which different limitations on liability are imposed, the highest limitation shall apply.

Chapter III
IMPLEMENTATION CLAUSE
Article 6. Transition clause
The logistics service provider that has been registered or licensed to provide logistics services before the effective date of this Decree may continue to provide services in accordance with the registration or license.
Article 7. Effect

1. This Decree comes into force from February 20, 2018.
2. The Decree No. 140/2007/ND-CP dated September 05, 2007 elaborating the Law on Commerce on conditions for provision of logistics services and limitations on liability of logistics service providers is null and void from the effective date of this Decree.

Article 8. Implementation

1. The Ministry of Industry and Trade is responsible for organizing the implementation of this Decree.
2. Ministers, heads of Governmental agencies, heads of Governmental agencies, People’s Committees of provinces and central-affiliated cities are responsible for the implementation of this Decree.

 
 
 
——————————————————————————————————
This translation is made by LawSoft and for reference purposes only. Its copyright is owned by LawSoft and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed

The post Decree No. 163/2017/ND-CP of December 30, 2017, on provision of logistics services appeared first on MP Law Firm.

DECISION

ON CHARGES AND PRICE BRACKETS OF CERTAIN AIR SERVICES IN DOMESTIC AIRPORTS AND AERODROMES

MINISTER OF TRANSPORT

Pursuant to the Law on Vietnam civil aviation No. 66/2006/QH11 dated June 29, 2006 and the Law on Amendments to certain articles of the Law on Vietnam civil aviation No. 61/2014/QH13 dated November 21, 2014;
Pursuant to the Law on Prices No. 11/2012/QH13 dated June 20, 2012;
Pursuant to the Government’s Decree No. 177/2013/ND-CP dated November 14, 2013 specifying and providing guidelines for implementation of certain articles of the Law on Prices and the Government’s Decree No. 149/2016/ND-CP dated November 11, 2016 on amendments to certain articles of the Decree No. 177/2013/ND-CP;
Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 on functions, tasks, power and organizational structure of the Ministry of Transport;
Pursuant to the Circular No. 36/2015/TT-BGTVT dated July 24, 2015 by the Minister of Transport on management of domestic air transport service charges and air service charges and the Circular No. 07/2017/TT-BGTVT dated March 14, 2017 by the Minister of Transport on amendments to certain articles of the Circular No. 36/2015/TT-BGTVT;
At the request of the Director of the Department of Transport,
HEREBY DECIDES:
Article 1. Promulgation together with this Decision the schedules and price brackets of certain air services in domestic airports and aerodromes, including:

1. Air services that the State specifies charges:
2. a) Takeoff and landing service;
3. b) Air security service;
4. c) Passenger service.
5. Air services that the State specifies price brackets:
6. a) Ramp service;
7. b) Check-in counter services;
8. c) Baggage handling service;
9. d) Passenger stairs service;
10. dd) Lump-sum ground handling services at airports or aerodromes (for those that lump-sum payment is no longer applies to);
11. e) Automatic baggage classification service.

Article 2. Charges and price brackets stated herein excluding value-added tax.
Article 3.

1. This Decision comes into force from October 01, 2017.
2. Article 4 on the schedule of air navigation services and supporting services thereof attached to the Decision No. 4213/QD-BGTVT dated December 28, 2016 by the Minister of Transport on promulgation of the schedule of air navigation services and supporting services thereof.
3. Organizations, individuals and carriers that are eligible to enjoy price incentives shall be entitled to continue using such incentives until the duration of incentives expires.

Article 4. Chief of secretariat and chief of inspectorate of the Ministry of Transport, Director of the Department of Transport, Director of the Civil Aviation Authority of Vietnam, heads of authorities, organizations and individuals providing and using air services shall implement this Decision.
 

 
SCHEDULE AND PRICE BRACKETS
OF CERTAIN AIR SERVICES IN DOMESTIC AIRPORTS AND AERODROMES
(Attached to the Decision No. 2345/QD-BGTVT dated August 08, 2017 by the Minister of Transport)
Chapter I
GENERAL PROVISIONS
Article 1. Definitions
For the purposes of this Decision, the terms below shall be construed as follows:

1. “flight” means actions of an aircraft taking off from an airport and then landing at another airport thereafter;
2. “international flight” is a flight having a takeoff or landing point located outside the territory of Vietnam.
3. “domestic flight” is a flight having takeoff and landing points located within the territory of Vietnam.
4. “carrier” is a legal entity, organization or individual that uses their own aircraft or leases aircraft to carry cargo and/or passengers and operate general aviation.
5. “VIP flight” is a flight used, separately or in combination with commercial purposes, verified or noticed by competent authorities in accordance with the Government’s Decree No. 03/2009/ND-CP dated January 09, 2009 on ensuring VIP flights.
6. “special flight” is a flight operated by a military aircraft or dedicated aircraft of customs, police and civil aircraft to use for the State services.
7. “maximum takeoff weight (MTOW)” is the maximum takeoff weight specified in the Operation Specification of the aircraft.

The carrier operating arrival/departure flight to/from domestic airports or aerodromes shall provide legal documents certifying the MTOW of aircrafts for a service provider.

8. “goods (including containers) specified in an air waybill” are goods having the place of delivery of (original) goods located in Vietnam.
9. Unit of weight of goods (including packaging):
10. a) The minimum weight to calculate service charges for goods safety in airports or aerodromes: tonne.
11. b) The unit of the goods of a single air waybill (under 1 tonne) shall be calculated according to the actual weight of the package.
12. “designed capacity” is the number of passengers’ seats installed in the cabin in accordance with regulations of the aircraft’s manufacturer.
13. “base airport or aerodrome” is an airport or aerodrome that the Civil Aviation Authority of Vietnam appoints to carriers operating in Vietnam, including overnight parking of aircrafts.

Article 2. Classification of aviation groups

1. The Ministry of Transport shall divide airports in Vietnam into 3 following groups:
2. a) Group A airports that are round-the-clock airports, including: Noi Bai, Da Nang, Tan Son Nhat, Cam Ranh, Cat Bi, Can Tho, Phu Quoc, Lien Khuong, Phu Bai and Buon Ma Thuot airports;
3. b) Group B airports that are airports not included in group A and group C airports;
4. c) Group C airports that are socio-economic airports, including: Con Dao, Dien Bien, Ca Mau and Rach Gia airports.
5. Depending on actual situations, the Civil Aviation Authority of Vietnam shall request the Ministry of Transport to amend the list of airport groups suitable for standards of service provision capacity, takeoff and landing output and passengers passing through airports.

Article 3. Time frames

1. Rules for determining time frames:
2. a) Peak time shall be time frames having actual flights accounting for at least 90% over the operation limit of an airport.
3. b) Off-peak time shall be time frames having actual flights accounting for 0-30% over the operation limit of an airport.
4. c) Normal time shall be the operating time excluding peak time and off-peak time.
5. For specific time frames, the Civil Aviation Authority of Vietnam shall issue and actively update and publish the revision of peak time or off-peak time in airports in compliance with each operating season.

Article 4. Charge collection

1. Currency for payment
2. a) Charges for services provided for international flights: US dollar (USD). The issuance and payment of service charges shall be made in conformity with regulations of law on foreign exchange.
3. b) Charges for services provided for domestic flights: Vietnam dong (VND).
4. Carriers whose aircrafts are operated to/from domestic airports shall make their payment for relevant service providers before the departure of such aircrafts or in accordance with their agreements concluded with relevant providers.

Article 5. Charge exemption

1. Takeoff and landing service charges shall be exempted for the following flights:
2. a) VIP flights (excluding VIP flights in combination with commercial purposes);
3. b) Special flights;
4. c) Flights performing search and rescue tasks, transporting humanitarian aids, natural disasters relief and performing other humanitarian tasks;
5. d) Flights having to return to land at the departure airport within 30 minutes after takeoff due to any reasons.
6. Air security service charges shall be exempted for:
7. a) Goods consigned by foreign affairs or goods used for humanitarian aids;
8. b) Goods or spare parts delivered to be repaired and materials or products of airlines serving flights (excluding duty-free products selling in cabins);
9. c) Passengers of the flights eligible for charge exemption mentioned in Clause 1 this Article;
10. d) Transit passengers within 24 hours (excluding transit passengers to transfer from the domestic flight to the international one and vice versa): Only applying to the flight arrives in and the flight departs from Vietnam that are displayed on the same ticket of passenger and baggage;
11. dd) Cabin crew (including change of aerodrome);
12. e) Children under the age of 2: calculated at the time of the first departure.
13. Passenger service charges shall be exempted for:
14. a) Passengers of the flights eligible for charge exemption mentioned in Clause 1 this Article;
15. b) Transit passengers within 24 hours (excluding transit passengers to transfer from the domestic flight to the international one and vice versa): Only applying to the flight arrives in and the flight departs from Vietnam that are displayed on the same ticket of passenger and baggage;
16. c) Cabin crew (including change of aerodrome);
17. d) Children under the age of 2: calculated at the time of the first departure.

Article 6. Charge adjustment
Service providers shall actively implement policies on charge adjustment for carriers having the total payment for service charges specified in monthly invoices of aircraft takeoff/landing service or air navigation service as follows:

1. Charges for services provided for international flights:

2. Charges for services provided for domestic flights:

3. The payment for service charges shall be calculated separately for invoices of services provided for international flights and those for domestic flights. Deadline: 1 month.

Article 7. Methods of collecting air security service charges for passengers and baggage and passenger service charges at airports

1. The air security service charges for passengers and baggage (mentioned in Clause 1 Article 9 herein) and the passenger service charges at airports or aerodromes (mentioned in Article 10 herein) shall be collected by carriers operating departure/arrival flights from/to Vietnam. Passengers shall make payment for air security service charges for passengers and baggage, passenger service charges and air transport service charges.
2. Carriers shall make payment for air security service charges for passengers and baggage and passenger service charges to providers of monthly passenger service and air security service (money transfer cost shall be covered by the transferor).
3. Payment basis: The provider of passenger service or air security service shall make a “charge collection notice” on the basis of passenger manifests of flights. The amount specified in the “charge collection notice” shall be determined as follows:

Where:
– The amount collected from adult passengers shall be determined as follows:

– The amount collected from child passengers shall be determined as follows:

4. The collection commission shall be determined according to the rate of 1.5% (VAT inclusive) the monthly payment made by an airline for each payment period for passenger service charges and air security service charges for passengers and baggage.

Formula:

5. The confirmed surplus amount (-) deficit amount (+): The airline shall be entitled to request the confirmation of such amount if any error is found in the “charge collection notice”. The re-confirmation and repayment of the different amount (if any) shall be made immediately in the period subsequent the disputed payment period.
6. Documents proving the people eligible for remission of charges: The passenger manifest and electronic forms related to aviation.
7. Payment between the service provider and the airline shall be made in accordance with the agreement concluded by and between both parties specifying the date and method of payment and deadline for the fine of late payment. The fine of late payment shall be 0.5% of the payment amount per week.
8. For passengers travelling by a domestic flight transferred to an international flight:
9. a) Domestic schedule: Collecting domestic air security service charges for passengers and baggage and passenger service charges regulated by the airport where the flight departs;
10. b) International schedule: Collecting international air security service charges and passenger service charges regulated by the airport where the flight transfers.
11. For passengers travelling by an international flight transferred to a domestic flight: Collecting domestic air security service charges for passengers and baggage and passenger service charges regulated by the airport where the flight transfers.

Chapter II
SPECIFIC PROVISIONS
Section 1. AIR SERVICE CHARGES REGULATED BY THE STATE
Article 8. Takeoff and landing service charges

1. Applied to: Carriers whose aircrafts land in domestic airports or aerodromes.
2. Charges for international flights in group A and group B airports:

3. Charges for domestic flights in group A and group B airports shall be based on the landing time of each flight in accordance with flight schedules licensed by the Civil Aviation Authority of Vietnam.
4. a) Charges applying to the normal time:

– Charges applying from October 01, 2017 to June 30, 2018 inclusive:

– Charges applying from July 01, 2018:

1. b) Charges applying to the peak time shall be collected equivalent to 115% of the charges mentioned in Point a Clause 3 this Article.
2. c) Charges applying to the off-peak time shall be collected equivalent to 85% of the charges mentioned in Point a Clause 3 this Article.
3. Charges applying to the flight landing at group C airport shall be collected by 60% of the charges applying to the normal time suitable for the MTOW corresponding to the flight landing at group A and group B airports.
4. Charges applying to certain special cases:
5. a) Collecting 50% of the charges mentioned in Clause 2, Clause 3 and Clause 4 this Article in accordance with the MTOW corresponding to:

– Rotorcrafts and other flying objects that are not aircrafts (self-visual flying during flying process);
– Aircrafts landing at domestic airports/aerodromes (not intended landing airports) due to force majeure events (e.g., weather, technical issues, passenger first-aid, terrorism, crime, etc.);
– Aircrafts landing technically and not taking passengers from landing airports;
– Aircrafts flying to check technical issues, to change airports and for training (not in combination with commercial operation).

1. b) Collecting 30% of the charges mentioned in Clause 2, Clause 3 and Clause 4 this Article for the aircraft after landing for at least 30 minutes that have to return to the departure airport not due to mistakes caused by the operator of the airport/aerodrome.

In the cases where the mistakes caused by the airport/aerodrome’s operator, the Airports Corporation of Vietnam shall negotiate with authorities to pay or offset appropriately the actual costs arising caused by the return of the aircraft to the departure airport.
Article 9. Air security service charges

1. Air security service charges for passengers and baggage

1.1. Applied to: Air passengers following procedures at terminals of domestic airports or aerodromes.
1.2. Service charges:
– For international passengers and baggage: USD 2/passenger;
– For domestic passengers and baggage:
From October 01, 2017 to December 31, 2017 inclusive: VND 11,818/passenger.
From January 01, 2018 to March 31, 2018 inclusive: VND 13,636/passenger.
From April 01, 2018: VND 18,181/passenger.
1.3. Special case: Charges for children from the age of 2 to under the age of 12 (calculated at the time of the first departure) shall be collected equivalent to (=) 50% of the charges mentioned in Point 1.2 above.
1.4. Air security services for passengers and baggage include:
– Security screening for passengers and baggage;
– Aircraft security;
– Security for passengers of delayed flights;
– Management and supervision of passengers ineligible to immigrate and staying within 24 hours;
– Identification of passengers and baggage before boarding the aircraft;
– Watchstanding and ensuring security in the airport area.

2. Air security service charges for passengers ineligible to immigrate and staying for at least 24 hours:

2.1. Applied to: Carriers having passengers ineligible to immigrate and staying for at least 24 hours.
2.2. Service charges:
– Hourly charge: USD 9/passenger/hour;
– Daily charge: USD 90/passenger/hour.
2.3. How to calculate charges:

1. a) The above-mentioned charges shall apply to only one security guard having combat gear.
2. b) The time for using services shall be determined from the day on which the parties transfer and conclude a transfer record to the day on which the passenger is rejected to immigrate and concludes the transfer record.
3. c) The minimum time limit for using the service once shall be an hour; under 60 minutes shall be deemed to be an hour. Over 10 hours shall be calculated as daily charges.
4. Air security service charges for packages:

3.1. Applied to: Carriers using air security services for packages.
3.2. Service charges:

Air security service charges for packages include:
– Checking, screening, detection and supervision of packages;
– Security supervision and detection to protect the aircraft;
– Identification of packages before boarding the aircraft.

4. Air security charges for packages after screening from the warehouse to the restricted area at the airport:

4.1. Applied to: Organizations and individuals using air security services for packages from the screening area at the warehouse to the apron of the airport.
4.2. Charge: VND 120,000/tonne.

5. Air security service charges for vehicles transporting packages and equipment serving restricted areas of the airport/aerodrome:

5.1. Applied to: Organizations and individuals using vehicles transporting packages or equipment serving isolated areas.
5.2. Service charge: VND 30,000/turn.
5.3. Service contents: Checking vehicles and security seals of servings, petrol and oil and goods serving air operation before moving to the maneuvering area.
Article 10. Passenger service charges at airports

1. Applied to: Air passengers following procedures at terminals of domestic airports or aerodromes.
2. Service charges:
3. a) For passengers travelling by an international flight:

Unit: USD/passenger

1. b) For passengers travelling by a domestic flight:

– Charges applying from October 01, 2017 to December 31, 2017 inclusive:
Unit: VND/passenger

– Charges applying from January 01, 2018 to March 31, 2018 inclusive:
Unit: VND/passenger

– Charges applying from April 01, 2018 to June 30, 2018 inclusive:
Unit: VND/passenger

– Charges applying from July 01, 2018:
Unit: VND/passenger

3. Special case: Charges for children from the age of 2 to under the age of 12 (calculated at the time of the first departure) shall be collected equivalent to (=) 50% of the charges.

Section 2. AIR PRICE BRACKETS REGULATED BY THE STATE
Article 11. General regulations
Pursuant to applicable regulations on management of air service charges and price brackets stated below, service providers at airports shall regulate specific charges suitable for the quality of services, requirements for application and market situations; shall declare, list and publish prices in accordance with regulations of law on management of prices.
Article 12. Parking charges

1. Applied to: Carriers using such services at domestic airports/aerodromes.
2. Service price brackets:
3. a) Charges for international flights at group A and group B airports:

Unit: USD/MTOW tonne

1. b) Charges for domestic flights at group A and group B airports:

Unit: VND/MTOW tonne

1. c) If the aircraft parks to serve both the international flight and the domestic flight, the apron rent per flight shall be determined by the average rent applying to the international flight and the domestic flight;
2. d) The price bracket applying to the flight at group C airport shall be collected by 70% of the charges applying to group A and group B airports.
3. The price bracket applying to the flights operated by the carrier choosing the domestic airport/aerodrome to be the base airport/aerodrome:

– From October 01, 2017 to June 30, 2018 inclusive: 30% of the charges applying to the domestic flight mentioned in Points b and d Clause 2 this Article.
– From July 01, 2018: 50% of the charges applying to the domestic flight mentioned in Points b and d Clause 2 this Article.

4. If the aircraft has to park at an airport/aerodrome that is not a base one of the carrier due to a force majeure event: 50% of the charges applying to the corresponding aircraft.
5. The parking duration shall be from the time when the aircraft wheel chocks are closed to the time when they are withdrawn from the aircraft wheels.

The parking duration shall be calculated as 1 day if the aircraft parks from over 18 hours to 24 hours. If the aircraft parks for over 24 hours and takes off within 24 hours later, the parking duration shall be added as 1 more day. Such calculation shall also apply to the parking duration for the next period of 24 hours.
Article 13. Passenger stairs service charges

1. Applied to: Carriers using such services at domestic airports/aerodromes.
2. Service price brackets:
3. a) Price bracket applying to the international flight:

Unit: USD/time

1. b) Price bracket applying to the domestic flight:

Unit: VND/time

1. c) For the combined domestic and international flight: 65% of the charges applying to the international flight.

Article 14. Check-in counter service charges

1. Applied to: Carriers and ground handling service providers using such services at domestic airports/aerodromes.
2. Check-in counter service charges shall be calculated monthly or per flight depending on the passenger’s options.
3. a) For international flights at group A and group B airports:

1. b) For domestic flights at group A and group B airports:

1. c) The price bracket applying to the domestic flight at group C airport shall be collected by 70% of the charges applying to group A and group B airports.
2. d) The price brackets applying other counters including the boarding counter, service desk and transit counter shall be collected by 20% of the charges corresponding to the check-in counter applying to group A and group B airports.
3. Counter services include:
4. a) Appropriate premises to allocate the counter;
5. b) Counter;
6. c) Computers and relevant equipment (excluding dedicated computer software);
7. d) Counter electronic screen;
8. dd) Baggage carousel at the counter;
9. e) Electricity and water;
10. g) Relevant costs of repair and management.
11. Time for using the counter and number of counter for each flight shall be agreed upon by and between the airport/aerodrome and the customer on the basis of frequency and capacity of providing counters of each airport/aerodrome and the carrier’s regulations on the time for following aviation procedures.
12. Where the check-in counter is used for both the international flight and the domestic flight, the monthly counter rent shall be the average monthly rent applying to the international flight and the domestic flight.

Article 15. Baggage carousel service charges

1. Applied to: Organizations and individuals using baggage carousels at airports/aerodromes without automatic baggage handling service.
2. Service price brackets:
3. a) For international flights:

Unit: USD/time

1. b) For domestic flights:

Unit: VND/time

Article 16. Price brackets of automatic baggage handling service (automatic baggage classification service)

1. Applied to: Organizations and individuals using automatic baggage classification carousels at domestic airports/aerodromes.
2. Service price brackets:
3. a) Charges for international flights in group A and group B airports:

Unit: USD/flight

1. b) Charges for domestic flights in group A and group B airports:

Unit: VND/flight

1. c) The price bracket applying to the domestic flight at group C airport shall be collected by 70% of the charges applying to group A and group B airports.

Article 17. Price brackets of lump-sum ground handling services at group C airports

1. Applied to: Domestic carriers using such services at domestic airports/aerodromes.
2. Service price brackets:

Unit: VND/flight

3. Requirements: The above-mentioned charges include the following services:
4. a) Takeoff/landing service charges (accounting for 20% of the lump-sum ground handling service charges); aircraft marshalling charges (if any);
5. b) Technical ground service on the basis of satisfying the minimum requirements of the flight and actual capacity of each airport;
6. c) Using vehicles of the terminal directly serving the flight and the carrier’s representative office rent (excluding car parking lot);
7. d) Free of charge apron for the first time of parking.

 
 
——————————————————————————————————
This translation is made by LawSoft and for reference purposes only. Its copyright is owned by LawSoft and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed

The post Decision No. 2345/QD-BGTVT of August 08, 2017, on charges and price brackets of certain air services in domestic airports and aerodromes appeared first on MP Law Firm.

DECISION

APPROVAL FOR THE ACTION PLAN FOR IMPROVEMENT OF COMPETITIVENESS AND DEVELOPMENT OF VIETNAM’S LOGISTICS SERVICES BY 2025

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to the Law on Commerce dated June 14, 2005;
Pursuant to Decision No. 2471/QD-TTg dated December 28, 2011 by the Prime Minister giving approval for the Strategy for goods import and export during the 2011 – 2020 period with a vision up to 2030;
Pursuant to Decision No. 175/QD-TTg dated  January 27, 2011 by the Prime Minister giving approval for the Overall Strategy on development of service sector of Vietnam up to 2020;
At the request of Minister of Industry and Trade,
DECIDES:
Article 1. The action plan for improvement of competitiveness and development of Vietnam’s logistics services by 2025 (hereinafter referred to as the Action Plan) is approved herein with the following main contents:

1. VIEWPOINT
2. Logistics is an important service sector in the overall structure of the national economy, plays the role in support, connection and improvement of the social – economic development of the whole country as well as that in each locality, and takes part in the improvement of the economic competitiveness.
3. Develop the logistics service sector into a high value-added service sector and associate it with the national development of goods production, import, export and commercial activities, and the development of information technology and transport infrastructure.
4. Develop the logistics service market in a healthy way to create fair chance to enterprises in all economic sectors and encourage both domestic and foreign investments in conformity with the law of Vietnam and international treaties to which Vietnam is a signatory.
5. Make the best use of the strategic geographic position and improve connections to develop Vietnam into an important regional logistics hub.
6. Attach a special importance to the increase of the competitiveness of logistics service providers. Logistics service providers shall be developed in all terms of quantity, scale and qualification of personnel with the aim of holding a high level of competitiveness in both domestic and foreign markets.
7. The Government shall take the role in support and creation of convenient environment for improving the competitiveness and development of Vietnam’s logistics service sector.
8. OBJECTIVES
9. By 2025, the proportion of the logistics sector in GDP will reach 8-10%, the service growth will reach 15-20%, the proportion of outsourcing logistics services will  reach 50-60% , logistics costs will reduce equivalently to 16-20% of GDP, ranking 50 or above across the world according to the Logistics performance index (LPI).
10. The country will focus on attracting investment in logistics infrastructure development, constructing regional and international logistics service centers, improving the efficiency of the connection between Vietnam and other countries. Vietnam shall become a regional logistics hub.
11. Leading logistics service enterprises which are competitive enough in the domestic and international market will be formed, and existing logistics service enterprises will be supported to become modern and professional motto.
12. Production and trading enterprises will efficiently manage the supply chain, save materials and reduce production costs and time of goods movement.
13. Advanced technologies will be applied to logistics sector and professional personnel will be trained with high qualifications in logistics with the aim of facilitating the commercial development and restructuring production and trading enterprises.
14. The Government’s management mechanism, including policies on support and development of logistics services, sector regulatory laws and management structures, will be revised in conformity with the development of Vietnam’s logistics sector in the process of international economic integration.

III. MAIN GROUPS OF TASKS IN THE ACTION PLAN

1. Improving policies and laws on logistics services.
2. Completing the logistics infrastructure.
3. Strengthening business capacity and service quality.
4. Developing the market of logistics services.
5. Training, raising awareness and quality of human resources.
6. Other tasks.

Tasks of the action plan for improvement of competitiveness and development of Vietnam’s logistics sector by 2025 are prescribed in the Appendix enclosed herewith.

1. FUNDING OF THE ACTION PLAN
2. 1. Sources of funding for implementing the Action Plan include funds from state budget, enterprise’s capital, loans provided by credit institutions, international grants and other legal sources of funding as regulated by laws.
3. The state budget funds shall be allocated according to the current division of state budget levels. To be specific:
4. a) Funds for projects/ tasks covered by Ministries, Ministerial-level agencies or Affiliates of the Government shall be derived from the Central-government state budget and included in the annual estimate of expenditures covered by state funding of each agency.
5. b) Funds for projects/ tasks covered by the People’s Committees of provinces or central-affiliated cities shall be derived from the provincial-government state budget and included in the annual state budget of each provincial government.
6. IMPLEMENTATION ORGANIZATION
7. Ministry of Industry and Trade:
8. a) Take charge and coordinate with Ministries/ regulatory bodies and local governments in implementing this Action Plan; propose policies for encouraging social involvements in performing tasks in the Action Plan.
9. b) Expedite and supervise the implementation of the Action Plan.
10. c) Consolidate and evaluate annual results of the Action Plan, and make modification to the Action Plan, where necessary; submit reports to the Prime Minister.
11. Ministries/ regulatory bodies shall, based on this Action Plan, formulate, appraise, give approval and allocate state budget, and mobilize other legitimate sources of funding in accordance with management levels and prevailing laws to perform tasks mentioned in Section III and the Appendix enclosed herewith.
12. Each People’s Committee of province/ central-affiliated city shall, based on the actual development of logistics sector in such province, formulate the Plan for development of logistics services in such province, consider approval and allocate state budget to implement such plan in accordance with current regulations.

Article 2. Implementation

1. This Decision shall take effect as from the date on which it is signed.
2. Ministers, Heads of Ministerial-level agencies, Heads of the Government’s affiliates, Chairpersons of the People’s Committees of provinces/ central-affiliated cities, logistics services associations and/or enterprises, and relevant entities shall implement this Decision./.

 
SPECIFIC TASKS FOR IMPROVING THE COMPETITIVENESS AND DEVELOPING VIETNAM’S LOGISTICS SECTOR BY 2025
(Enclosed to Decision No. 200/QD-TTg dated February 14, 2017 by the Prime Minister giving approval for the action plan for improvement of competitiveness and development of Vietnam’s logistics services by 2025)

(*) Note: The agency whose name appears first shall be in charge of the task, the others are cooperating agencies.
 
——————————————————————————————————
This translation is made by LawSoft and for reference purposes only. Its copyright is owned by LawSoft and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed

The post Decision No.: 200/QD-TTg of February 14, 2017, approval for the action plan for improvement of competitiveness and development of vietnam’s logistics services by 2025 appeared first on MP Law Firm.