Shipping agencies; towing services
| TT |
INDUSTRY, SUB-SECTOR |
CONDITIONS RESTRICTING MARKET ACCESS | LEGAL GROUNDS |
|
50 |
Shipping agencies; towing services |
1. AFAS: Maritime agency services (CPC 7454*): Foreign ownership of charter capital in economic organizations does not exceed 49%
2. EVFTA Appendix 8-B Maritime agency services (CPC 748*)[1]: It is allowed to establish joint ventures with foreign capital contribution not exceeding 49%.
3. CPTPP: Appendix NCM I-VN-17: Shipping agency services. Foreign investment is not allowed to provide ship agency services except through a joint venture or purchase of shares of a Vietnamese enterprise, with the foreign party’s capital contribution not exceeding 49%.
4 . Law of Vietnam: Enterprises providing ship agency services in Vietnam must be established in accordance with law. In case a foreign-invested enterprise provides ship agency services, the percentage of capital contribution of the foreign investor must not exceed 49% of the charter capital of the enterprise. Enterprises providing ship towage services in Vietnam must be established in accordance with the law. In the case of a foreign-invested enterprise engaged in the business of ship towing services, the percentage of capital contribution of the foreign investor must not exceed 49% of the charter capital of the enterprise. |
– AFAS, EVFTA, CPTPP – Decree No. 160/2016/ND-CP dated November 29, 2016 of the Government on conditions for shipping business, shipping agency services and ship towing services. |
[1] shipping agency is a service where the person in charge is authorized, on behalf of the ship owner or operator, to perform services connected with the ship’s activities at the seaport including arranging ships in and out; concluding contracts of carriage, marine insurance contracts, cargo handling contracts, chartering contracts, and employment contracts; issue and sign a bill of lading or similar document; providing storage, fuel and regulations for ships; submit a maritime protest; connect with ship owners or operators; arranging services related to seafarers; receive and pay all charges relating to the operation of the ship; handle claims arising from the contract of carriage or from a marine accident, and provide other ship-related services upon request.