Legal Updates
HCMC, dated 03/04/2003
1. Decree No. 96/2002/ND-CP: General Department of Customs
The Government has promulgated the above Decree stipulating functions,
duties, rights and organization of the General Department of Customs.
The General Department of Customs is an organization under the Ministry of
Finance and to assist the Minister in implementing the State Control on
Customs and Customs Law countrywide.
One of the duties and rights of the General Department of Customs is the
Customs control and inspection of import, export and transited goods
including transport means; preventing and fighting against contra-banded
activities and transport of illegal goods through the border within the
Customs jurisdiction areas; organizing and implementing the law on
taxation on import and export goods; organizing the post-entry
inspection of import/export goods.
This Decree is effective from 4/12/2002 replacing Decree 16/CP of the
Government on 7/3/1994 stipulating functions, duties and organization of
the General Department of Customs.
2. Decision No 129/2002/QD-BTC on 08/10/2002 on amendment of maritime charges, fees
collectible.
By Decision of the Minister of Finance, from 8/10/2002, the incentive rates
of maritime dues and fees applicable to passenger vessels having up to
200 GRT and scheduled voyages of at least 10 calls/month/port to the
ports of Vietnam shall be as follows:
- Tonnage dues : 7 USD/call
- Navigation Safety dues : 13 USD/call
- Administrative fees : 20 USD/call
3. Decision No. 2756/2002/QĐ-BGTVT: on reporting of maritime accidents
Regulations on reporting and investigation of maritime accidents annexed
to the Decision of the Minister of Transport on 29/8/2002.
Regulations are to apply to the types of accident as follows:
- Accidents involving Vietnamese ocean going ships;
- Accidents involving foreign ships operating within the sea areas of Vietnam;
- Accidents of other crafts operating within the water areas of the ports,
maritime regions;
This Decision is effective from 1/10/2002 and replacing decision No. 39/QĐ-PC
of the Minister of Transport on 3/1/1974 promulgating regulations of
reporting and investigations of accidents of ocean going ships, boats
and canceling regulations relating to the reporting and statistics of
shipping accidents by decision No. 1071/QĐ-PC on 26/6/1981 on statistic
reports of transport accidents.
4. Decision No. 2790/2002/QĐ-BGTVT: on water zone of the ports within Quang Ninh
province
On 30/8/2002, the Minister of Transport has promulgated the water area of
the ports within Quang Ninh province, which includes:
- Water zones of the ports Hòn Gai, Cái Lân, B12, Cẩm Phả and Mũi Chùa.
- Water zones of maritime channel, anchorage for lighterage, storms
shelter of the sea ports Hòn Gai, Cái Lân, B12, Cẩm Phả and Mũi Chùa, Hạ
Long shipyard and Vạn Gia lighterage area.
Water zones of the above mentioned ports are based on highest high water
level.
The Decision also stipulates duties and rights of Quang Ninh Maritime
authority.
The above Decision replaces Decision No. 1333/VT-PC on 1/7/1993 of the
Minister of Transport on water zones of Quang Ninh Port and areas under
supervision of Quang Ninh maritime authority.
5. Based on Decision of the Prime Minister on 19/9/2002, the following organizations
to be transferred under the ministries:
- Vietnam Civil Aviation Administration under the Ministry of Transport
(Decision No 121/2002/QĐ-TTg).
- State Pricing Committee under the Ministry of Finance (Decision No.
122/2002/QĐ-TTg).
6. Decision No. 3014/2002/QĐ-BGTVT: permitting dry bulk cargo ships to call Berth
No. 1 – Dung Quoc Port for cargo handling.
Based on decision on 20/9/2002 of the Minister of Transport, Berth No. 1 of
Dung QUoc Port of Russo-Vietnam oil refinery JV Company is allowed to
accept Vietnamese and foreign dry bulk cargo ships up to 10,000 DWT for
calling and cargo handling.
Russo-Vietnam oil refinery JV Company is to organize the operation of
Berth No. 1 of Dung Quoc port safely, in accordance with the purposes
and to collect charges as stipulated by the law and regulations.
This Decision is effective from 10/10/2002.
7.State Order on Pricing
The Chairman of State has signed on 8/5/2002 the state order on pricing with
5 chapters and 40 articles.
This Order stipulates state administration of pricing and pricing activities
of business organizations, individuals.
This Order is applicable to local and foreign organizations, individuals
doing business in Vietnam. In case of international conventions
contracted or participated by the Socialist Republic of Vietnam having
provision of pricing differently as compared to this Order, the
provisions in such conventions shall prevail.
This Order is effective from 1/7/2002.
8. Decree of the Government No. 67/2002/ND-CP on 9/7/2002: List of businesses
illegible to strike
The Government has promulgated Decree on 9/7/2002 stipulating the list of
businesses illegible for strike replacing the list of businesses
promulgated as annexed to Decree No. 51/CP on 29/8/1996 of the
Government on resolving demand of the labor at the enterprises not
allowing to conduct strike.
Shipping, ports, pilotage and navigation safety companies are included
in the List.
This Decree if effective 15 days after the signing date.
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