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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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