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The Decision 149/2003/qd-Ttg Dated: About Some Policies And Mechanisms To Encourage The Development Of Sea Ship Team In Vietnam.

Original Language Title: Quyết định 149/2003/QĐ-TTg: Về một số chính sách và cơ chế khuyến khích phát triển đội tầu biển Việt Nam.

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Decide on a number of policies and mechanisms to encourage the development of Vietnam sea fleet _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the PRIME MINISTER pursuant to the law on organization of the Government of 25 December 2001;
The Vietnam maritime law based on June 30, 1990;
Pursuant resolution No. 02/2003/NQ-CP on February 17, 2003 by the Government on a number of undertakings, the solutions need to focus on the task of socio-economic development in 2003;
Base my opinion of the ministries at the meeting on 24 February 2003;
Proposal of the Ministry of transportation in the sheet number 1754/TTr-BGTVT dated 29 April 2003 and comments at the Department of Justice's evaluation No. 360/TP-INTERNATIONAL COOPERATION on May 30, 2003, decision: article 1. The scope and application of this decision objects defined some policies, mechanisms to encourage the development of Vietnam's national sea fleet; at the same time promote the transport of goods, imported by the Vietnam ocean shipping business made.
Article 2. Explanation of terms In this decision, the terms below are interpreted as follows: 1. "Vietnam ocean shipping business" is a business established under the State enterprise law or business law, has the ship been registered for hang the flags of Vietnam.
2. "is derived from the State budget," including the shipment was shopping with financing from the State budget, from Government loan, foreign aid money to the Government, or the Government's repayment for goods abroad.
3. "national resources" is the shipment in Vietnam at mining resources include: coal, crude oil, clinke and other mineral types that the Organization, individuals are allowed to export business.
4. "domestic shipping" means the transportation of passengers, goods, materials, equipment, resources, course material is transported by ship between ports within the territory of Vietnam.
Article 3. A number of mechanisms to support Vietnam ocean shipping enterprises 1. About transport goods: a) for goods imported by financial resources derived from the State budget, Vietnam ocean shipping business was the right of transport, unless the international treaties to which Vietnam signed otherwise. In the case of maritime transport enterprises in Vietnam do not have the ability to transport goods on the foreign ships are used to transport under the provisions of article 5 of this decision.
b) for domestic cargo shipping business, Vietnam was transport priority, except in the case of international treaties to which Vietnam signed otherwise. The case of maritime transport enterprises in Vietnam do not have the ability to transport then used foreign ships to transport under the provisions of article 5 of this decision.
c) prioritize transport for goods of national resources to Vietnam ocean shipping business, except in the case of international treaties to which Vietnam signed otherwise.
2. Some financial support: a) for ship rent according to the method of chartering and ship rental plan term, shipping business are tax free income during the term of the contract.
b) with respect to the loan, hire purchase vessels, maritime transport business are tax free income in 10 years, since there is taxable income and 50% reduction of the payable tax in the next two years.
c) Vietnam ocean shipping enterprises are preferential credit loans from development assistance Fund to develop the fleet under current rules.
d) for Vietnam maritime Corporation, in addition to apply the provisions in points a, b, c above, every year (the period from 2003 to the end of 2005) also enjoy the following incentives: Are development support Fund arranged financing and retained the entire annual enterprise income tax of the Member units , including the income tax section of the Vietnam maritime Corporation in venture companies and joint stock companies in the Corporation, as the additional grant funds do reciprocal capital to Fund loans to support development, aiming to make the contract with the Corporation Vietnam shipbuilding industry 32 planned ships were Prime approval.
3. where the ability of the ship to sea base in the country do not meet the needs or when development support Fund without the ability of lenders to make shipbuilding project in the country, the Vietnam ocean shipping enterprises are buying foreign ship under current rules , 4. Do not permit foreign investors to establish joint venture or business cooperation contract to make maritime transport, when the shares of the French Vietnam under 51%, except in the case of international treaties to which Vietnam signed otherwise.
5. Vietnam ocean shipping business responsibly: a) the effective use of financial resources and financial resource mobilization order was the loan incentives to make the development of sea fleet Vietnam aims to gradually increase the share of transport goods export, import of Vietnam sea fleet.
b) Must take measures and commitment to fulfill its responsibilities in accordance with the contract signed with the shippers, in accordance with the provisions of the law and international practices and to make the level of competitive rates compared to the average rate in the area.
Article 4. Some financial support for shippers using the ship of Vietnam ocean shipping enterprises

1. Owners of import-export goods shipment under a contract to buy or sell FOB CIF (irrespective of source), if there is a transport contract with Vietnam then ships are considering tax breaks for export or import. The Ministry of finance to specific provisions on this matter.
2. Shippers of goods exported batch has current tax rate is 0%, if there is a transport contract with Vietnam ships, the owners are considering support shipping charges from the export support Fund.
Article 5. Transport of goods by local native to the State budget by foreign ships for domestic freight, originating from the State budget, when the ship Vietnam cannot afford to transport, the Department of transportation to allow the use of foreign ships according to the following procedure : a) owners or maritime transport enterprises in Vietnam have written transportation Ministry proposal, which stated the reason to use foreign ships;
b) within a period of a maximum of 15 days from the date of the proposed text of the shippers or transport enterprise sea transport, Ministry of Vietnam has the the text to allow or not allow (must specify reasons) the use of foreign ships carried after consultation with Vietnam ship owners Association.
Article 6. The responsibilities of the ministries 1. Ministry of transportation: a) presiding, in coordination with the ministries concerned and have your remedy, correct the violations of the provisions of the Vietnam maritime law and the regulations on the carriage of goods by sea inland.
b) presiding, in coordination with the ministries concerned, the revised proposal review, additional legal texts guarantee the uniform and effective in encouraging development of Vietnam fleet quickly dominate the market of inland goods transport, goods exported imports in terms of international economic integration; at the same time, in coordination with the ministries concerned to study the policy of encouraging enterprises to export and import using the services of transport of Vietnam ocean shipping enterprises.
c) formulated and issued or the competent authority issued the regulations related to the management of freight; price, the marine service fee.
d) directed the Maritime Bureau statistics conducted in Vietnam, tracking, detection to timely processing by the authority or the authorized report dealt with the cases do left the regulation in this decision.
VND Vietnam Maritime Bureau Director) checked, monitored the business of transport and maritime services in the implementation of the provisions of the Government's Decree No. 55/2001/ND-CP on August 24, 2001 about the business of service sea transportation and no. 10/2001/ND-CP dated 19 March 2001 about the maritime services business and in this decision aims to create order of self and healthy business environment, ensuring benefits for Vietnam ocean shipping enterprises and national interests in the fields above.
2. The Ministry of Finance: a) Guide and direct subordinate agencies and guide enterprises to implement the provisions in clause 1, article 4 of this decision.
b) in collaboration with the Ministry of Commerce made the provisions in paragraph 2 of article 4 of this decision.
c) in collaboration with the Ministry of planning and investment, the Ministry of transportation in implementing the provisions in points a, b, c paragraph 2 of article 3 of this decision.
d) Guide and direct the Vietnam maritime Corporation in the management and use of financial accounts referred to in point d of paragraph 2 of article 3 of this decision for your purposes and ensure efficiency.
3. Vietnam: a ship Owner Association) in collaboration with the Ministry of transport, Ministry of Commerce and related agencies in the provision of market information, export-import cargo to Vietnam ocean shipping enterprises.
b) coordinate with relevant agencies to help Vietnam ocean shipping enterprises to gradually raise the share of import and export cargo.
c) counsel for the Department of transportation in the study of the policy to encourage export-import businesses using the services of transport of Vietnam ocean shipping business.
d) works closely with the Vietnam Maritime Bureau and relevant agencies in the detection of cases do the left provisions in this decision and other relevant rules, reports the Vietnam Maritime Bureau or authority to take measures promptly in accordance with the law.
Article 7. Terms of implementation 1. This decision takes effect 15 days from the date The report.
2. The Secretary of the Ministry, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities, Director General of maritime Vietnam, Chairman of the Board and General Director of Vietnam maritime Corporation, the relevant Corporation and President of the Vietnam Association for ship owners is responsible for enforcement of the decision this./.