Regulations for Foreign Investors Operating Maritime Pilotage Services in Vietnam

1. Legal Basis

- Specific Commitments on Trade in Services under the WTO (GATS);

- Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP);

- Vietnam Maritime Code No. 95/2015/QH13 dated November 25, 2015;

- Law on Investment No. 143/2025/QH15 dated February 11, 2025;

- Decree No. 70/2016/NĐ-CP dated July 1, 2016, on conditions for providing maritime safety assurance services;

- Decree No. 14/2026/NĐ-CP dated January 13, 2026, amending and supplementing certain articles of Decrees to streamline and simplify administrative procedures related to production and business activities under the management of the Ministry of Construction.

2. Definition of Maritime Pilotage

Based on Section 74 of the Appendix on the Explanatory Note on Services in the United Nations Central Product Classification (CPC) in Vietnam's Handbook of Commitments on Trade in Services in the WTO, Pilotage Services (CPC 7452) are defined as follows: Pilotage services, including pilotage services for vessels entering and leaving ports or around hazard areas.

Pursuant to Clause 1, Article 249 of the 2015 Vietnam Maritime Code, a maritime pilot is an advisor to the master in navigating vessels in accordance with maritime conditions in the pilotage area of the maritime pilot.

3. Market Access Restrictions

According to Vietnam's Schedule of Specific Commitments on Trade in Services in the WTO, there are no specific commitments regarding market access limitations for maritime pilotage services.

Under the CPTPP, commitments follow the WTO-based approach under NCM II-VN-36 and Appendix A regarding Market Access obligations, and Unbound/None restrictions regarding National Treatment obligations..

4. Classification of Economic Sector Codes under Vietnamese Law

Pursuant to Appendix I (List of Vietnam's Economic Sectors) issued together with Decision No. 36/2025/QĐ-TTg, the corresponding Vietnam Standard Industrial Classification (VSIC) code suitable for business registration is code 5222 – Support activities for water transportation.

This group includes:

- Activities related to the transport of passengers, animals, or freight by water;

- Operation of sea and river ports, piers, docks;

- Operation of water lock facilities;

- Pilotage, tug assistance, and berthing services;

- Operation of port reception and fueling facilities;

- Operation of vessels, barges, lash boats, and salvage operations;

- Lighthouse operations;

- River information services;

- Winter storage of boats.

This group also includes: Maintenance activities of waterway infrastructure facilities.

Exclusions

- Construction and dredging of waterways are classified under group 42910 (Construction of water projects);

- Cargo handling is classified under group 52243 (Seaport cargo handling) and group 52244 (Inland waterway port cargo handling);

- Marina operations are classified under group 93290 (Other amusement and recreation activities).

• 52221: Seaport management activities

This group includes: Operation of seaports, piers, and docks.

• 52222: Support service activities related to coastal and deep-sea water transport

This group includes:

- Activities related to the transport of passengers, animals, or freight in coastal and deep-sea waters;

- Operation of water lock facilities;

- Pilotage, tug assistance, and vessel berthing activities;

- Operation of port reception and fueling facilities;

- Operation of vessels, barges, lash boats, and marine salvage operations;

- Lighthouse operations;

- River information services;

- Winter storage of boats.

This group also includes: Maintenance activities of waterway infrastructure facilities.

Exclusions:

- Construction and dredging of waterways are classified under group 42910 (Construction of water projects);

- Seaport cargo handling is classified under group 52243 (Seaport cargo handling);

- Marina operations are classified under group 93290 (Other amusement and recreation activities).

• 52223: Inland waterway port management activities

This group includes: Operation of inland waterway ports, piers, and docks: rivers, lakes, canals, and arroyos.

• 52224: Support service activities related to inland waterway transport

This group includes:

- Support service activities related to the transport of passengers, animals, or freight on rivers, lakes, canals, and arroyos;

- Operation of water lock facilities;

- Pilotage, tug assistance, and vessel berthing activities;

- Operation of port reception and fueling facilities;

- River salvage operations;

- River information services;

- Winter storage of boats.

This group also includes: Maintenance activities of waterway infrastructure facilities.

Exclusions:

- Construction and dredging of waterways are classified under group 42910 (Construction of water projects);

- Inland waterway port cargo handling is classified under group 52244 (Inland waterway port cargo handling);

- Marina operations are classified under group 93290 (Other amusement and recreation activities).

5. Vietnamese Legal Regulations on Maritime Pilotage Services

5.1. Enterprise Organization and Capital Requirements

Pursuant to Article 17 of Decree No. 70/2016/NĐ-CP, an enterprise providing maritime pilotage services must be an enterprise established in accordance with the law, in which the State holds at least 75% of the charter capital.

5.2. Human Resources and Facility Requirements

Pursuant to Article 18 of Decree No. 70/2016/NĐ-CP, an enterprise providing maritime pilotage services must have a sufficient minimum number of pilots who have been granted certificates for operating areas suitable for the assigned pilotage routes. The determination of the minimum number of pilots of each rank and the minimum number of pilot transfer vehicles is carried out as follows:

(i) The minimum number of pilots of each rank is calculated based on the pilotage route, the number of ships, and the tonnage of ships operating on the route over the preceding 3 years (for newly opened pilotage routes, the minimum number of pilots of each rank is calculated based on the forecasted number and tonnage of ships operating on that route during the first 3 years); and the maximum annual working days of employees as prescribed by law. The minimum number of pilots on each route must ensure full satisfaction of the demand for pilotage services and include at least a 10% reserve of the total number of pilots.

(ii) The minimum number of vehicles for transferring pilots is determined based on the annual number of guided vessel trips of the pilotage enterprise and the maritime conditions in the pilotage area.

(iii) The Vietnam Maritime and Inland Waterway Administration announces the minimum number of pilots of each rank and the minimum number of pilot transfer vehicles for each pilotage route; assigns compulsory pilotage zones and pilotage routes to pilotage service providers under the principle that each pilotage route shall be undertaken by only one maritime pilotage service provider.

Through the above regulations, it can be seen that Vietnam has made no specific commitments regarding market access limitations for maritime pilotage services. However, the absence of specific commitments does not mean that foreign investors are free to access and conduct business in this sector without conditions. Under Vietnamese law, an enterprise providing maritime pilotage services must satisfy specialized conditions regarding organization, capital, human resources, and facilities, notably the requirement that the State must hold at least 75% of the charter capital. Therefore, foreign investors need to simultaneously review international commitments and Vietnamese legal regulations to accurately determine the feasibility and conditions for investing and doing business in maritime pilotage services in Vietnam.