Listing of shipping prices: problems have been found not yet implemented

Although it is only more than a week, Decree 146/2016 / ND-CP on listing prices and sea shipping charges by container takes effect (July 1, 2017), but many businesses still wonder about feasibility of this decree.

Listing of shipping prices: problems have been found not yet implemented

Although it is only more than a week, Decree 146/2016 / ND-CP on listing prices and sea shipping charges by container takes effect (July 1, 2017), but many businesses still wonder about feasibility of this decree.

Many problems are raised

Last week, the Vietnam Maritime Administration held a conference to guide shipping companies and shipping lines to list prices and surcharges for container shipping by sea.

Recalling the need to develop Decree 146, Mr. Nguyen Cong Bang, Deputy Director of the Transport Department of the Ministry of Transport (MOT), said that since 2011, foreign shipping lines have been collecting surcharges. in addition to the freight. In particular, in recent times, due to the competitiveness, shipping lines have lowered the freight rates and collected surcharges to offset costs. Shipping companies unilaterally put surcharges without prior notice, which caused many frustrations for import-export businesses. Therefore, the inter-ministry of Transport, Finance, Industry and Trade and related agencies have proposed to develop Decree 146 to manage and supervise shipping freight and surcharges.

After the guidance of the authorities, in the question and answer section, there are quite a few questions sent by businesses to the Maritime Bureau, however, many questions are only recorded for consideration but cannot be answered.

The representative of the No.1 Logistics Joint Venture Company said that the regulation that enterprises are not allowed to charge fees for loading and unloading containers (with goods) imported and exported more than 98 USD / container is not appropriate because in reality there are containers The company has the right to collect oversized or dangerous goods. Besides, this position said that the mandatory listing of prices in VND when the exchange rate increases, the business is very disadvantaged.

Also related to container loading and unloading prices, representatives of Saigon Newport Corporation wondered: currently handling for each shipping company has a different price, moreover in the contract there is a confidentiality of the price, if the business Industry announced the end of the price, then violated the contract. This person questioned how to both disclose information and ensure the security of customers. This is also a question posed by many businesses to the authorities.

Representatives of the Association of Maritime Brokers asked: some enterprises have signed contracts until the end of 2017 or the end of 2018, if they continue to maintain the old price stated in the contract, but that price is different from the listed price from July 1, 2017, will it be considered a violation and possibly fined. This position also wondered about the sanctions against businesses that did not comply with the regulations.

Perform first, troubleshoot later

During the procession of questions from the enterprise, Mr. Trinh The Cuong, Head of the Shipping and Maritime Services Department of the Vietnam Maritime Administration, said about the overcharging of the listed prices for oversized containers, the enterprise reported to the Department of Goods. to solve each specific case. However, this answer has not received the consent of businesses. The representative of Saigon Newport Corporation said that every time there is an oversized container, if you want to exceed the collection, you must report to the Maritime Bureau so the loading and unloading will be delayed, customers cannot wait. Mr. Cuong explained further: when setting up tariffs for oversized or special goods, businesses synthesize all and report only once to avoid wasting time.

Regarding the contracts signed before July 1, 2017, according to Mr. Cuong, businesses are still doing the signed price. After July 1, 2017, enterprises must list prices and surcharges. At that time, the enterprise is only allowed to collect the items listed, unlisted items are not allowed to collect.

Regarding the confidentiality of customers' information, the Vietnam Maritime Administration said that the two sides in the contract themselves committed to comply with the provisions of the law, the listing of prices in order to publicize and transparent freight rates, create fair competition.

Regarding the sanctions, Mr. Bui Thien Thu, Deputy Director of the Vietnam Maritime Administration, said that violating enterprises will be sanctioned according to the provisions of the Price Law and other regulations. In the course of implementation, if detecting violations by enterprises, organizations / individuals can report them to the Maritime Administration. This is the clue to receive information, then transfer it to the relevant authorities for inspection and punishment.

Mr. Thu said that businesses need to comply with these regulations. If there are any problems, they should send documents to the Maritime Bureau for synthesizing and proposing the Government to amend.

Talking to Saigon Economic Times, a representative of a logistics enterprise said that Decree 146 has not yet regulated strictly on sanctions. According to this decree, enterprises only need to declare the rates and surcharges to be collected without any control over whether the fee is reasonable or not. He said that should have to specify more unreasonable fees, the state agency has the right not to collect.