Responded by units: The People's Council and the People's Committee of Hai Phong City

Official letter: No 726/UBND - TCNS, dated: 2018-02-06

Responded contents:

1. Recommendation of the Duc Giang Chemical Joint Stock Company - Lao Cai Province

In the Document No. 2312 / CV-2017 dated December 23, 2017, the Duc Giang Chemical Joint Stock Company - Lao Cai Province had two recommendations:

• It was unreasonable for the People's Council of Hai Phong City to keep the viewpoint of collecting import / export fees for "liquid and bulk cargoes", which caused the Company to pay the overpaid fees (People's Committee of Hai Phong City shall be collected fees for 2 times: Fees collected through the Dinh Vu Industrial Park and fees collected through the Resolution 148/2016 / NQ-HDND).

• With the spirit of "creating favorable business environment in Vietnam, contributing to increasing the competitiveness of import-export businesses according to the direction of the Government in the Resolutions 19-2016 / NQ. -CP dated April 28, 2016 and the Resolution No. 35 / NQ-CP dated May 16, 2016, the company requested the People's Council of Hai Phong City to consider abolishing import- liquid cargoes, according to the Resolution No. 148/2016 / NQ-HDND dated December 13, 2016.

2. On promulgation of the resolution No. 148/2016 / NQ-HDND dated December 13, 2016 and the Resolution No. 24/2017 / NQ-HDND dated December 8, 2017 of the People's Council of Hai Phong City.

2.1. The Resolution No. 148/2016 / NQ-HDND dated December 13, 2016 of the People's Council of the Hai Phong City.

Pursuant to the Law on Charges and Fees and the actual situation in the locality, the Ministry of Finance issued a Circular No. 250/2016 / TT-BTC dated 11 November 2016 guiding charges and fees under its jurisdiction of the People's Council of the province or city directly under the Central Government; This includes the charge for the use of infrastructure, service facilities and public facilities in the area of the border gate (including land border-gate areas and seaport border-gate areas) at Point b Clause 1 of Article 5.

1. Under provisions in Clause 1 of Article 21 and Clause 1 of Article 22 of the Law on Charges and Fees: The provincial-level People's Councils shall decide on the rates of fee collection, exemption, reduction, collection, remittance, management and use. fees under its authority; Provincial-level People's Committees shall decide on the levels of fee collection, exemption, reduction, collection, remittance, management and use of charges and fees under their respective competence.
2. On the list of charges, issued together with the Law on Charges and Fees with names “charges for use of infrastructures, service and public facilities in border-gate areas" and under the competence of the People's Councils. (Point 1, Section A, Part A).

•  From October 10, 2016, the People's Committee of Hai Phong City, Department of Finance, People's Committee of Hai An District has held 6 meetings with businesses operating in the field of seaport business, import and export of goods, shipping offices, shipping agents, business associations to get ideas for building a fee scheme.
•  From November 15, 2016, the People's Council of Hai Phong City has held 99 contacts between the People's Council of the City with people and businesses. At the meeting, the delegates of the City People's Council reported to the voters about the scheme to collect fees. Most of the businesses and people agreed to support the project.
• On November 22, 2016, the Customs Department of Hai Phong City issued a Document No. 10682 / HQHP-VP announcing the policy of the city to collect fees; The notification shall be sent to all port traders, agents, shipping companies, importers and exporters and publicly posted up at the border-gate Customs Sub-Departments under regulations.
• People Council of Hai Phong City received the opinions of businesses, voters and finalized the project to submit to the People's Council of the City.
• On December 8, 2016, the People's Council voted to approve the project on the collection of fees for the use of infrastructure works, utility works and public facilities in the border gate area with 100% of delegates agreeing.

Immediately after the People's Council of  Hai Phong City issued the Resolution No. 148/2016 / NQ-HDND dated December 13, 2016 regulating the rates, the regime of collection, remittance, management and use of the use fees , infrastructure, service works, public facilities in the area of ​​Hai Phong seaport border gate, the People's Committee of Hai Phong City held 03 conferences with the participation of businesses. At the same time, the People's Committee of Hai Phong City publicized on  Hai Phong Newspaper, Haiphong Security Newspaper, Hai Phong Radio and Television.

Regarding the implementation of the Law on Charges and Fees, implemented the direction of Deputy Government’s Prime Minister Vuong Dinh Hue in the Document No. 6403 / VPCP-KHTH dated 3 August 2016 on the assignment of tasks to the People's Committees of provinces. The fee for use of infrastructure works, utility works and facilities within the border gate zone in accordance with the Law on Charges and Fees; and the opinion of the Ministry of Finance in Document No. 15498 / BTC-CST stated: "The People's Committees of provinces under the Central that have land border gates and seaports shall issue resolutions on the collection of charges and fees depending on the specific situation of each locality soon, the level of compensation for maintenance and maintenance expenses, maintenance of service conditions or loading of construction works. Infrastructure, service works, public facilities in the border area "to be collected from January 1, 2017.

Thus, the Hai Phong City is the first locality to charge fees for the use of infrastructure facilities, service facilities and public facilities in the port area in accordance with the guidelines of the Government and Ministry of Finance on the implementation of the Law on Charges and Fees.

1. On 13th January 2016, the People's Council of Hai Phong City issued a Resolution No. 148/2016 / NQ-HDND regulating the rates, the regime of collection, remittance, management and use of fees, works, infrastructure, service works, public utility in Hai Phong seaport border gate and effective from January 1, 2017.

Based on the above-mentioned regulations, the decision on the collection of charges for use of infrastructural works, service works and public facilities in seaport border gates in Hai Phong City is the basic guarantee. Legal documents in line with the provisions of the Law on Charges and Fees and the Law on the Promulgation of Legal Documents

This content reported by the People's Committee of Hai Phong City to the Prime Minister and relevant ministries and agencies, and has been explained to business associations and enterprises repeatedly. On that basis, the Prime Minister and Ministries and branches have also affirmed the correctness and legal status of the promulgation of the Resolution No. 148/2016 / NQ-HDND of the People's Council of Hai Phong City. (Document No. 5036 / VPCP-KTTH dated May 16, /2017 of the Government’s Office, the Document No. 3058 / BTC-CST dated February 16, /2017 of the Ministry of Finance, and the document 360 / BKHDT-KCHTDT February 23, 2017 of the Ministry of Planning and Investment, the Document No. 1446 / BGTVT-TC dated February 15, 2017 of the Ministry of Transport, the Document No. 442 / BTP-KTrVB dated February 15, 2017 of the Ministry of Planning and Investment. and the Document No. 1290A-BCT-XNK dated February 17, 2017 of the Ministry of Industry and Trade)

2.2. The Resolution No. 24/2017 / NQ-HDND dated December 28, 2017 of the People's Council of Hai Phong City.

On May 16, 2017, the Government’s Office issued a Document No.5036 / VPVP-KTTH announcing the opinion of Deputy Prime Minister Vuong Dinh Hue: "To assign the People's Committee of Hai Phong City to organize a review, evaluation of collection of charges for use of infrastructure works or service works in Hai Phong port and seaport border-gate areas for exported or imported goods; summarized  opinions and recommendations of associations and businesses and submited them to the People's Council of Hai Phong City at its nearest session for consideration and adjustment of charge rates, ensuring compliance with law provisions, legal fees and other relevant laws in accordance with the ability of the export and import businesses to compete and create favorable business environment in Vietnam as directed by the Government in the Resolution No. 19 / NQ-CP dated April 28, 2016 and the resolution No. 35 / NQ-CP dated May 16, 2016”.

Executed opinions of Deputy Prime Minister Vuong Dinh Hue, People's Committee of Hai Phong City issued a Document No. 2808 / UBND-TC dated May 19, 2017 to direct relevant agencies based on real situation to develop a scheme on adjustment of the charge rates applicable to export and import goods; The principle is to ensure compliance with the law on charges, fees and other relevant laws, in line with the contribution and avoidance capacity of the importing and exporting businesses, creating the first market in the direction of Resolution No. 19/2016 / NQ-CP dated April 28, 2016 and No. 35 / NQ-CP dated May 16, 2016, reported the People's Committee of the city for submission to competent authorities for decision.

Based on the direction of the Party Committee and People's Committee of Hai Phong City, on August 22, 2017, the Department of Finance chaired completting the project, the submit, the draft resolution of the People's Council to adjust the charge rates of infrastructure works import and export of the liquid and bulk cargoes from VND 20,000 / ton to VND 16,000/ton to send the portal of Hai Phong City, the Vietnam Chamber of Commerce and Industry, business associations for comments from August 15, 2017 according to regulations on promulgation of legal documents. According to the regulations, the deadline posted on the the city’s portal and sent to businesses for comments was 30 days (from August 15, 2017 to September  15, 2017). After deadline for posting on the portal to gather opinions of the subjects as prescribed, the provincial / municipal Finance Services shall sum up and finalize the scheme on adjustment of charge rates.

At the present time, the People's Council of Hai Phong City has issued a Resolution No. 24/2017 / NQ-HDND dated December 8, 2017 on amending Point c, Clause 3, Article 1 of Resolution No. 148/2016 / NQ- HDND December 13, 2016 of the People's Council of the City on the rates, the regime of collection, remittance, management and use of infrastructure works, public works and facilities. plus in the port area of ​​Hai Phong seaport, the rate was adjusted from  VND 20 000/ton reduced to VND 16,000/ton, adjusted down 20%. The resolution has effected from January 1, 2018.

Thus, the People's Committee of Hai Phong City has strictly implemented the Law on Charges and Fees; Guidance of the Ministry of Finance on charges and fees and the direction of Deputy Government’s Prime Minister Vuong Dinh Hue in the Document No. 503 6 / VPVP-KTTH on adjusting the charge rates applicable to imported and exported goods such as liquid and bulk cargoes.