Circular No. 01/2018/TT-BGTVT on the announcement of the waters of seaports within the jurisdiction of Quang Ninh Province and the management area of the Quang Ninh Maritime Branch.

CIRCULAR

Announcing the port waters within the jurisdiction of Quang Ninh Province and

the management area of the Quang Ninh Maritime Port Office

____________________________________

Pursuant to the Vietnam Maritime Code No. 95/2015/QH13 dated November 25, 2015;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

1. Amending Clause 2 Article 2 as follows:

Based on the opinions of the People's Committee of Quang Ninh Province at Document No. 6557/UBND-XD2 dated August 31, 2017 and the People's Committee of Hai Phong City at Document No. 5313/UBND-GT3 dated August 24, 2017;

At the proposal of the Director of the Legal Department and the Director of the Vietnam Maritime Administration,

The Minister of Transport issues this Circular to announce the port waters within the jurisdiction of Quang Ninh Province and the management area of the Quang Ninh Maritime Port Office.

Article 1. Announcing the port waters and maritime areas within the jurisdiction of Quang Ninh Province

The port waters of Quang Ninh Port within the jurisdiction of Quang Ninh Province include the following areas:

1. The port waters of Quang Ninh Port in the Van Gia - Hai Ha area.

2. The port waters of Quang Ninh Port in the Mu Chua area.

3. The port waters of Quang Ninh Port in the Co To area.

4. The port waters of Quang Ninh Port in the Cam Pha - Cuu Doi area.

5. The port waters of Quang Ninh Port in the Hon Gai area.

6. The port waters of Quang Ninh Port in the Quang Yen area.

Article 2. Scope of the port waters within the jurisdiction of Quang Ninh Province

The scope of the port waters of Quang Ninh Port within the jurisdiction of Quang Ninh Province is determined at the highest tidal level, specifically defined as follows:

1. The scope of the port waters of Quang Ninh Port in the Van Gia - Hai Ha area is defined as follows:

a) From point VH1 with coordinates: 21°24'40,0"N, 108°01'10,0"E connected by straight lines sequentially to points VH2 to VH4 with the following coordinates:

VH2: 21°22'20,0"N, 108°01'10,0"E;

VH3: 21°22'20,0"N, 108°00'13,3"E;

VH4: 21°23'51,0"N, 108°00'13,3"E.

b) From point VH4 running along the northern coast of Vinh Thuc Island to point VH5 with coordinates: 21°21'55,2"N, 107°49'31,6"E, from point VH5 continuing to connect by straight lines sequentially to points VH6 to VH13 with the following coordinates:

VH6: 21°20'27,4"N, 107°50'34,0"E;

VH7: 21°14'10,5"N, 107°56'46,0"E;

VH8: 21°11'31,4"N, 108°00'30,8"E;

VH9: 21°10'02,9"N, 107°51'58,7"E;

VH10: 21°08'24,5"N, 107°47'54,6"E;

VH11: 21°17'48,0"N, 107°47'34,0"E;

VH12: 21°18'59,6"N, 107°48'42,5"E;

VH13: 21°21'13,4"N, 107°49'16,8"E.

c) From point VH13 running along the northern coast of Cai Chan Island to point VH14 with coordinates: 21°18'53,0"N, 107°43'27,0"E, from point VH14 continuing to connect by straight lines sequentially to points VH15 to VH16 with the following coordinates:

VH15: 21°20'50,4"N, 107°43'23,0"E;

VH16: 21°21'47,6"N, 107°44'36,5"E.

d) From point VH16 running along the southern coast of Mieu Island to point VH17 with coordinates: 21°22'23,3"N, 107°45'17,5"E, from point VH17 continuing to connect by straight lines sequentially to points VH18 to VH21 with the following coordinates:

VH18: 21°23'03,8"N, 107°45'51,4"E;

VH19: 21°24'45,7"N, 107°49'52,0"E;

VH20: 21°23'09,6"N, 107°50'41,2"E;

VH21: 21°24'03,6"N, 107°54'41,2"E.

đ) From point VH21 connecting by a straight line to point VH1.

2. The scope of the port waters of Quang Ninh Port in the Mu Chua area is defined as follows:

a) From point MC1 with coordinates: 21°17'11,3"N, 107°27'05,0"E connected by straight lines sequentially to points MC2 to MC4 with the following coordinates:

MC2: 21°17'12,6"N, 107°27'08,6"E;

MC3: 21°17'04,9"N, 107°27'18,6"E;

MC4: 21°16'47,6"N, 107°27'04,2"E;

MC5: 21°16'58,5"N, 107°26'52,6"E.

b) From point MC5 running along the bank of the Tien Yen River and the edge of the Mu Chua Port wharf to point MC1.

3. The scope of the port waters of Quang Ninh Port in the Co To area is defined as follows:

a) From point CT1 with coordinates: 20°58'14,3"N, 107°45'40,8"E running along the western coast of Co To Island to point CT2 with coordinates: 20°57'59,8"N, 107°45'34,7"E, from point CT2 continuing to connect by straight lines sequentially to points CT3 to CT4 with the following coordinates:

CT3: 20°58'06,6"N, 107°45'11,2"E;

CT4: 20°58'21,6"N, 107°45'17,2"E.

b) From point CT4 connecting by a straight line to point CT1.

4. The scope of the port waters of Quang Ninh Port in the Cam Pha - Cuu Doi area is defined as follows:

a) The scope of the waters in the Cam Pha area:

From point CP1 with coordinates: 21°02'04,5"N, 107°22'16,5"E connected by straight lines sequentially to points CP2 to CP5 with the following coordinates:

CP2: 21°01'44,7"N, 107°22'39,3"E;

CP3: 21°00'18,5"N, 107°22'38,8"E;

CP4: 20°59'01,0"N, 107°23'03,2"E;

CP5: 20°58'02,5"N, 107°23'06,2"E.

From point CP5 running along the northern, western, and southern coasts of Vang Yellow Island to point CP6 with coordinates: 20°56'37,1"N, 107°22'26,7"E, continuing to connect by a straight line to point CP7 with coordinates: 20°55'07,2"N, 107°23'53,2"E.

From point CP7 running along the northwestern coast of Dong Chen Island to point CP8 with coordinates: 20°54'23,3"N, 107°20'33,2"E, from point CP8 continuing to connect by straight lines sequentially to points CP9 to CP10 with the following coordinates:

CP9: 20°54'21,6"N, 107°20'13,2"E;

CP10: 20°53'47,6"N, 107°19'44,7"E.

From point CP10 running along the western coast of Van Canh Island to point CP11 with coordinates: 20°52'35,6"N, 107°19'42,3"E, from point CP11 continuing to connect by a straight line to point CP12 with coordinates: 20°51'15,6"N, 107°19'55,6"E.

From point CP12 running along the western coast of Ngoc Vung Island to point CP13 with coordinates: 20°48'18,6"N, 107°20'31,1"E, from point CP13 continuing to connect by straight lines sequentially to points CP14 to CP23 with the following coordinates:

CP14: 20°45'03,6"N, 107°15'23,2"E;

CP15: 20°42'37,6"N, 107°15'23,2"E;

CP16: 20°42'37,6"N, 107°11'29,2"E;

CP17: 20°44'27,6"N, 107°11'29,2"E;

CP18: 20°48'37,9"N, 107°16'19,0"E;

CP19: 20°49'11,1"N, 107°16'08,7"E;

CP20: 20°52'14,2"N, 107°15'05,5"E;

CP21: 20°57'06,6"N, 107°15'13,2"E;

CP22: 20°58'59,6"N, 107°14'36,7"E;

CP23: 20°59'04,6"N, 107°14'34,7"E.

From point CP23 running along the shoreline to point CP24 with coordinates: 20°59'16,4"N, 107°14'22,0"E, from point CP24 continuing to connect by straight lines sequentially to points CP25 to CP26 with the following coordinates:

CP25: 20°59'22,6"N, 107°14'35,2"E;

CP26: 20°59'13,3"N, 107°14'41,4"E.

From point CP26 running along the southern coast of Hon Cuu Vuong to point CP27 with coordinates: 20°58'57,4"N, 107°15'16,5"E, from point CP27 continuing to connect by straight lines sequentially to points CP28 to CP30 with the following coordinates:

CP28: 20°59'35,6"N, 107°15'46,2"E;

CP29: 20°58'43,4"N, 107°16'37,5"E;

CP30: 20°58'31,4"N, 107°16'49,2"E.

From point CP30 running along the southern shore of Hòn Ót to point CP31 with coordinates: 20°58'36,6"N, 107°17'07,1"E, from point CP31 continuing with straight lines successively to points CP32 to CP38 with the following coordinates:

CP32: 20°58'56,6"N, 107°18'27,5"E;

CP33: 20°58'49,1"N, 107°19'03,4"E;

CP34: 20°59'00,6"N, 107°20'41,9"E;

CP35: 20°59'19,0"N, 107°21'30,6"E;

CP36: 20°59'25,9"N, 107°21'35,6"E;

CP37: 20°59'59,9"N, 107°21'58,5"E;

CP38: 21°00'56,9"N, 107°21'59,8"E.

From point CP38 running along the eastern shore of Cửa Ông town to point CP39 with coordinates: 21°01'57,6"N, 107°22'06,1"E, continuing to point CP1.

b) The scope of water area at the Cửa Đối region:

From point CD1 with coordinates: 21°00'29,8"N, 107°33'17,6"E connected by a straight line to point CD2 with coordinates: 21°00'29,8"N, 107°34'05,9"E.

From point CD2 running along the western shore of Cao Lô island to point CD3 with coordinates: 20°58'16,6"N, 107°33'41,5"E, from point CD3 continuing with straight lines successively to points CD4 to CD5 with the following coordinates:

CD4: 20°58'09,1"N, 107°33'25,8"E;

CD5: 20°59'05,1"N, 107°32'54,2"E.

From point CD5 connecting by a straight line to point CD1.

5. The scope of water area for the Port of Quảng Ninh in the Hòn Gai region is defined as follows:

a) From point HG1 with coordinates: 20°57'36,3"N, 107°03'55,6"E running along the southwestern shore of Hòn Gai town to point HG2 with coordinates: 20°56'46,1"N, 107°04'28,6"E.

b) From point HG2 connecting by straight lines successively to points HG3 to HG22 with the following coordinates:

HG3: 20°56'18,1"N, 107°04'26,6"E;

HG4: 20°52'23,3"N, 107°06'29,5"E;

HG5: 20°51'40,3"N, 107°07'42,4"E;

HG6: 20°50'32,3"N, 107°09'02,6"E;

HG7: 20°47'41,6"N, 107°10'11,3"E;

HG8: 20°46'52,0"N, 107°10'32,2"E;

HG9: 20°44'27,6"N, 107°11'29,2"E;

HG10: 20°42'37,6"N, 107°11'29,2"E;

HG11: 20°42'37,6"N, 107°09'32,2"E;

HG12: 20°44'33,8"N, 107°09'32,2"E;

HG13: 20°46'21,0"N, 107°08'39,4"E;

HG14: 20°47'07,1"N, 107°08'26,8"E;

HG15: 20°48'19,8"N, 107°08'05,1"E;

HG16: 20°48'59,6"N, 107°07'37,7"E;

HG17: 20°49'58,9"N, 107°06'46,4"E;

HG18: 20°51'26,9"N, 107°06'05,4"E;

HG19: 20°51'47,0"N, 107°05'50,8"E;

HG20: 20°52'09,8"N, 107°04'57,3"E;

HG21: 20°52'42,1"N, 107°03'27,8"E;

HG22: 20°56'52,6"N, 107°03'13,0"E.

c) From point HG22 running along the eastern and northern shores of Bãi Cháy town to point HG23 with coordinates: 20°59'20,6"N, 107°00'51,2"E.

d) From point HG23 connecting by straight lines successively to points HG24 to HG28 with the following coordinates:

HG24: 20°59'52,6"N, 107°00'51,2"E;

HG25: 21°00'05,6"N, 107°02'56,2"E;

HG26: 20°59'31,6"N, 107°04'52,2"E;

HG27: 20°58'44,6"N, 107°04'17,2"E;

HG28: 20°58'23,2"N, 107°04'15,8"E.

đ) From point HG28 connecting by a straight line to HG1.

6. The scope of water area for the Port of Quảng Ninh in the Quảng Yên region is defined as follows:

a) From point QY1 with coordinates: 20°50'07,8"N, 106°52'59,2"E connecting by straight lines successively to points QY2 to QY3 with the following coordinates:

QY2: 20°50'11,0"N, 106°52'21,0"E;

QY3: 20°50'06,0"N, 106°52'04,6"E.

b) From QY3 running along the left bank of the Chanh River (counting from the sea inland) to point QY4 with coordinates: 20°54'33,6"N, 106°50'00,7"E, connecting by a straight line to point QY5 with coordinates: 20°54'45,6"N, 106°50'13,2"E.

c) From point QY5 running along the right bank of the Chanh River (counting from the sea inland) to point QY6 with coordinates: 20°52'22,1"N, 106°51'31,7"E, continuing with a straight line to point QY7 with coordinates: 20°51'26,8"N, 107°52'37,7"E.

d) From point QY7 running along the western shore of Còng Island to point QY8 with coordinates: 20°50'50,2"N, 106°52'59,2"E, continuing with a straight line to point QY1.

7. The boundaries of the water area for the Port of Quảng Ninh within the jurisdiction of Quảng Ninh Province as stipulated in this Circular are determined on nautical charts issued by the Northern Marine Safety Assurance Corporation in 2015 including: Charts VN30001, VN40001, VN40002, VN50003, VN50004, VN50005, VN50006, VN50007, VN50008, VN50047 and charts issued by the Vietnam People's Navy including: Chart IA-25-15 published in 2010, Chart IA-25-10 issued in 1985. Coordinates of points specified in Clauses 1, 2, 3, 4, 5, 6 of this Article and Clause 2 of Article 3 of this Circular are applied according to the VN-2000 coordinate system and converted to the WGS-84 coordinate system in the Appendix attached to this Circular.

Article 3. Pilot pick-up and drop-off zones, quarantine zones, anchorage areas, cargo transfer areas, storm shelters, and related water areas

Clause 1. The Director of the Vietnam Maritime Administration shall organize the announcement of pilot pick-up and drop-off zones, quarantine zones, storm shelters, anchorage areas, and cargo transfer areas for vessels entering and leaving the Quang Ninh Sea Port and other water areas as prescribed.

Clause 2. Based on actual conditions, vessels entering and leaving the Hai Phong Sea Port but required to anchor for storm avoidance or unload part of their cargo before berthing at wharves or docks within the Hai Phong Sea Port, or load additional cargo after partially loading at wharves or docks within the Hai Phong Sea Port, may be arranged by the Quang Ninh Marine Port Service Office to one of the following positions in the Quang Ninh Sea Port waters:

HG1-1: 20°56'14,5"N, 107°04'10,7"E;

HG2-1: 20°56'20,5"N, 107°04'04,7"E;

HG3-1: 20°56'32,5"N, 107°04'04,7"E.

Point b. For vessels carrying non-polluting and non-hazardous goods, they shall be arranged for cargo transfer at positions with the following coordinates:

HL3-1: 20°50'28,1"N, 107°07'55,2"E;

HL3-5: 20°51'51,6"N, 107°06'41,7"E;

HL3-6: 20°51'59,1"N, 107°06'15,9"E.

Vessels are not permitted to load or unload bulk cargoes such as cement, clinker, wood chips, and limestone with dimensions from 4x6 cm or smaller at points HL3-1, HL3-5, and HL3-6 mentioned above.

Point c. For vessels carrying polluting and hazardous goods, they shall be arranged for cargo transfer at position HN2-13 with the following coordinates: 20°56'04,3"N, 107°16'41,4"E.

The arrangement of vessels entering and leaving the Hai Phong Sea Port but required to anchor and transfer cargo according to the provisions of this clause shall cease when the La Chi Harbor area within the Hai Phong Sea Port is officially put into operation by the competent authority.

Article 4. Responsibilities of the Quang Ninh Marine Port Service Office and Related Parties

Clause 1. The Quang Ninh Marine Port Service Office shall have the responsibility:

Point a. To perform tasks and exercise powers as prescribed by the Vietnam Maritime Code and relevant legal documents concerning maritime activities at wharves and port waters within the jurisdiction of Quang Ninh Province and maritime activities related to planning, establishment, and investment in construction of bridges and wharves in the Yen Hung harbor area (Chanh River, Bach Dang River, Nha Mac Lagoon) within the jurisdiction of Quang Ninh Province;

Point b. To designate specific positions for vessels to pick up and drop off pilots, undergo quarantine, avoid storms, anchor, and transfer cargo in accordance with regulations, ensuring maritime safety, maritime security, and prevention of environmental pollution;

Point c. To designate specific positions for vessels to avoid storms and transfer cargo when entering and leaving the Hai Phong Sea Port but required to avoid storms and transfer cargo at the Quang Ninh Sea Port at the positions specified in Points a and b of Clause 2, Article 3 of this Circular and promptly notify the Hai Phong Marine Port Service Office;

Point d. To notify the Hai Phong Marine Port Service Office of the name, nationality, main technical specifications, and other necessary information of vessels that must report their arrival at the port in accordance with regulations, no later than four hours before the vessel arrives at the pilot pick-up zone within the Hai Phong Sea Port to enter the Quang Ninh Sea Port waters at the Quang Yen area;

Point đ. To notify the Hai Phong Marine Port Service Office of the name, nationality, main technical specifications, and other necessary information of vessels that must report their departure from the port in accordance with regulations, no later than two hours before the vessel reaches the boundary of the Hai Phong Sea Port waters when departing the Quang Ninh Sea Port waters at the Quang Yen area;

Point e. Beyond the water areas defined in Article 2 of this Circular, the Quang Ninh Marine Port Service Office shall also be responsible for state management of maritime safety, maritime security, and prevention of environmental pollution in the sea areas within the jurisdiction of Quang Ninh Province.

Clause 2. The Hai Phong Marine Port Service Office shall have the responsibility:

Point a. To request the Quang Ninh Marine Port Service Office to designate specific positions for vessels to avoid storms and transfer cargo at the positions specified in Clause 2, Article 3 of this Circular when needed;

Point b. To notify the Quang Ninh Marine Port Service Office of the name, nationality, main technical specifications, and other necessary information of vessels, type of cargo, and quantity of cargo to be loaded or unloaded at the anchorage and cargo transfer area of the Quang Ninh Sea Port, no later than four hours before the vessel reaches the boundary of the Quang Ninh Sea Port waters;

Point c. To notify the Quang Ninh Marine Port Service Office of the movement of vessels leaving the storm shelter or cargo transfer position designated by the Quang Ninh Marine Port Service Office, no later than two hours before the vessel leaves the position;

Point đ. To coordinate with the Quang Ninh Marine Port Service Office to mobilize vessels entering and leaving the Quang Ninh Sea Port waters at the Quang Yen area to ensure maritime safety, maritime security, and prevention of environmental pollution.

Clause 3. The Directorate of Inland Waterways of Vietnam and the Department of Transport of Quang Ninh Province shall have the responsibility:

Point a. To organize management, maintenance, and ensure safety, security, and prevention of environmental pollution on inland waterway routes within the Quang Ninh Sea Port waters in accordance with the law;

Point b. To organize the implementation of specialized state management at inland waterway ports and wharves under their management within the Quang Ninh Sea Port waters in accordance with the law.

Article 5. Effective Date

Clause 1. This Circular takes effect from March 1, 2018.

Clause 2. The Circular No. 35/2014/TT-BGTVT dated August 19, 2014, issued by the Minister of Transport regarding the announcement of water areas of sea ports within the jurisdiction of Quang Ninh Province and the management area of the Quang Ninh Marine Port Service Office, is hereby repealed.

Article 6. Implementation Organization

The Head of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Directors of the Vietnam Maritime Administration, the Director of the Directorate of Inland Waterways of Vietnam, the Director of the Department of Transport of Quang Ninh Province, the Director of the Department of Transport of Hai Phong City, the Directors of the Quang Ninh Marine Port Service Office, the Hai Phong Marine Port Service Office, and the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.