Circular No. 02/2015/TT-BGTVT on the announcement of the waters of the Ho Chi Minh City seaport and the management area of the Ho Chi Minh City Maritime Port Office

CIRCULAR

Announcing the port water area of Ho Chi Minh City and the management area of the Ho Chi Minh City Maritime Port Office

Based on the opinions of the People's Committee of Ho Chi Minh City in Circular No. 4095/UBND-ĐTMT dated August 19, 2014; the People's Committee of Ba Ria - Vung Tau Province in Circular No. 6209/UBND-VP dated August 27, 2014; the People's Committee of Dong Nai Province in Circular No. 7847/UBND-CNN dated August 25, 2014; the People's Committee of Tien Giang Province in Circular No. 3441/UBND-KTN dated August 18, 2014 and the Department of Transport of Tien Giang Province in Circular No. 1885/SGTVT-VTAT dated August 18, 2014; the People's Committee of Long An Province in Circular No. 1471/UBND-KT dated July 24, 2014 and the Department of Transport of Long An Province in Circular No. 2532/SGTVT-PC dated August 8, 2014;

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Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 21/2012/NĐ-CP dated March 21, 2012 of the Government on management of seaports and maritime channels;

The Minister of Transport announces the port water area of Ho Chi Minh City and the management area of the Ho Chi Minh City Maritime Port Office.

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

Article 1. Announcing the port water area of Ho Chi Minh City

The port water area of Ho Chi Minh City includes the following areas:

3. The port water area of Ho Chi Minh City on the rivers Nghe Bai, Long Tau, Nha Be, Du, Tac Dinh Cau and Rach Tac Roi.

1. The port water area of Ho Chi Minh City at the Ganh Rai Bay area.

2. The port water area of Ho Chi Minh City at the Dong Tran Bay area and the Soai Rap River mouth area.

4. The port water area of Ho Chi Minh City on the rivers Dong Tran, Go Gia, Tac Ong Cu, Tac Bai and Tac Cu.

7. The port water area of Ho Chi Minh City on the river Soai Rap.

5. The port water area of Ho Chi Minh City on the Dong Nai River.

6. The port water area of Ho Chi Minh City on the Sai Gon River.

Article 2. Scope of the port water area of Ho Chi Minh City

The scope of the port water area of Ho Chi Minh City, measured according to the highest tidal level, is specified as follows:

The meridian 106°58'12" E (which is the boundary with the port water areas within the jurisdiction of Ba Ria - Vung Tau Province), running along the coast of Can Gio District and the shore of Phu Loi Island to the two farthest points of the mouth of the Nghe Bai River.

1. The scope of the port water area of Ho Chi Minh City at the Ganh Rai Bay area is limited as follows:

a) The straight lines connecting successively the following points SR1, SR2, SR3 and SR4:

2. The scope of the port water area of Ho Chi Minh City at the Dong Tran Bay area and the Soai Rap River mouth area is limited as follows:

SR1: 10°25'10" N, 106°58'12" E (Cape Can Gio);

SR2: 10°24'00" N, 107°00'00" E;

SR3: 10°15'00" N, 107°00'00" E;

SR4: 10°15'00" N, 106°49'30" E.

b) The meridian 106°49'30" E;

c) The left bank of the Soai Rap channel (counting from the sea inward);

d) The parallel 10°28'56" N.

3. The scope of the port water area of Ho Chi Minh City on the rivers Nghe Bai, Long Tau, Nha Be, Du, Tac Dinh Cau and Rach Tac Roi is limited as follows:

a) From the two farthest points of the mouth of the Nghe Bai River, running along both banks of the rivers Nghe Bai, Long Tau, Nha Be to Cape Den Do. Excluding the port water area of Dong Nai on the rivers Nha Be and Long Tau managed by the Dong Nai Maritime Port Office, which is limited from the right bank of the port channel to the riverbank upstream of the Phu Dong Bridge 1800 meters and downstream of the Sanrimjohap Vina Bridge 1300 meters;

b) From the two farthest points of the mouth of the Du River (at the confluence of the Du and Nghe Bai Rivers) running along both banks of the Du River to the confluence of the Du and Tac Dinh Cau Rivers, then running along both banks of Tac Dinh Cau and Rach Tac Roi (from the confluence of Tac Dinh Cau and Rach Tac Roi to the confluence of Rach Tac Roi and Long Tau River).

4. The scope of the port water area of Ho Chi Minh City on the rivers Dong Tran, Go Gia, Tac Ong Cu, Tac Bai and Tac Cu is limited as follows:

From the two farthest points of the mouth of the Go Gia River (at the confluence of the Go Gia, Cai Me and Thi Vai Rivers) running along both banks of the Go Gia River to the upper limit at the parallel 10°35'00" N (at the confluence of Go Gia, Ba Giỏi and Tac Cu Rivers) and then running along both banks of Tac Ong Cu, Tac Bai, Tac Cu to the confluence of Tac Ong Cu and Dong Tran Rivers and the entire Dong Tran River.

From the confluence of the Saigon, Nha Be and Dong Nai Rivers (Cape Den Do) running along both banks of the Dong Nai River to the straight line cutting across the confluence of the Dong Nai River from the two farthest points of Tac Thay Bay (Phu Com Island) and Long Truong Commune. The boundary between the Dong Nai River and the Sau River is the straight line cutting across the Sau River from the two farthest points of Phu Com Island to Dai Phuoc Commune.

5. The scope of the port water area of Ho Chi Minh City on the Dong Nai River is limited as follows:

From the confluence of the Saigon, Nha Be and Dong Nai Rivers (Cape Den Do) running along both banks of the Saigon River to the straight line cutting across the river at the lower edge of Rach Thi Nghè.

6. The scope of the port water area of Ho Chi Minh City on the Sai Gon River is limited as follows:

7. The scope of the port water area of Ho Chi Minh City on the river Soai Rap is limited as follows:

From the area of the mouth of the Soai Rap River, as defined in Clause 2 of this Article, running along both banks of the Soai Rap River to the confluence of the Soai Rap and Nha Be Rivers (Binh Khanh Confluence).

8. The boundaries of the branches of the rivers and creeks entering the rivers as defined in Clauses 3, 4, 5, 6 and 7 of this Article are limited by the straight line connecting the two farthest points at the mouths of those branches and creeks. For Rach Dau and Dong Dien River, the boundaries are the downstream safety lanes of Phu Xuan Bridge and Dong Dien Bridge.

9. The boundaries of the port water area as defined in this Circular are determined on Chart No. 1016 reprinted in 2012 by the Hydrographic Office of the United Kingdom. The coordinates of the points, meridians and parallels defined in Clauses 1, 2 and 4 of this Article apply to the VN-2000 coordinate system and are converted to the WGS-84 coordinate system as follows:

Point/Meridian

The Director of the Vietnam Maritime Administration shall organize the announcement of pilot reception areas, quarantine zones, anchorage areas, cargo transfer zones, and storm shelters for vessels entering and leaving the Thai Binh seaport, Nam Dinh seaport, and other related water areas as prescribed.

The Director of the Vietnam Maritime Administration shall organize the announcement of the pilot reception and delivery zones, quarantine zones, anchorage zones, cargo transfer zones, and storm shelters for vessels entering and leaving the port of Ho Chi Minh City and other water areas as prescribed.

Article 4. Responsibilities of the Port Maritime Office of Ho Chi Minh City and related agencies

1. The Port Maritime Office of Ho Chi Minh City shall be responsible for:

a) Implementing tasks and authorities as prescribed by the Vietnam Maritime Code and relevant legal documents concerning maritime activities at wharfs and port waters of Ho Chi Minh City;

b) Based on regulations and actual conditions regarding meteorological and hydrological conditions, ship tonnage, and cargo characteristics, designate specific positions for ships to pick up and drop off pilots, undergo quarantine, anchor, transfer cargo, and avoid typhoons in accordance with regulations, ensuring maritime safety, maritime security, and preventing environmental pollution.

2. Responsibilities for joint management between the Port Maritime Office of Ho Chi Minh City and the Port Maritime Office of Vung Tau for ships entering and leaving the port waters of Ho Chi Minh City:

a) The Port Maritime Office of Ho Chi Minh City:

Notify the Port Maritime Office of Vung Tau of the name, nationality, call sign, main technical parameters, and other necessary information of ships, at least two hours before the ships arrive at the pilot station area of Vung Tau;

Notify the Port Maritime Office of Vung Tau of the movement of ships departing from the position designated by the Port Maritime Office of Vung Tau to enter the port waters of Ho Chi Minh City, at least one hour before the ships depart from their position;

Handle procedures for ships entering and leaving ports and sea areas under the jurisdiction of Ho Chi Minh City.

b) The Port Maritime Office of Vung Tau:

For ships entering and leaving the port waters of Ho Chi Minh City but must pick up and drop off pilots, undergo quarantine, anchor, and avoid typhoons in the port waters under the jurisdiction of Ba Ria-Vung Tau Province, the Port Maritime Office of Vung Tau shall, based on actual conditions regarding weather, waves, water depth, and ship tonnage, designate specific positions for ships to pick up and drop off pilots, undergo quarantine, anchor, and avoid typhoons, ensuring maritime safety, maritime security, preventing environmental pollution, and notify the Port Maritime Office of Ho Chi Minh City at least one hour before the ships arrive at the pilot station area.

3. Responsibilities for joint management between the Port Maritime Office of Ho Chi Minh City and the Port Maritime Offices of Dong Nai and My Tho:

a) The Port Maritime Office of Ho Chi Minh City shall be responsible for, based on actual conditions regarding weather, waves, water depth, and ship tonnage when ships enter and leave bridges and wharfs on the Dong Nai River, Nha Be River, Long Tau River within the jurisdiction of Dong Nai Province and Binh Duong Province, and the Soai Rap River within the jurisdiction of Tien Giang Province but must anchor and avoid typhoons in the port waters of Ho Chi Minh City, designate specific positions for ships to anchor and avoid typhoons, and notify the Port Maritime Offices of Dong Nai and My Tho within one hour after receiving their notifications, and confirm receipt of such notifications.

b) The Port Maritime Offices of Dong Nai and My Tho shall be responsible for:

Cooperating with the Port Maritime Office of Ho Chi Minh City to ensure maritime order, maritime safety, maritime security, and prevent environmental pollution for ships entering and leaving bridges and wharfs on the Dong Nai River, Nha Be River, Long Tau River within the jurisdiction of Dong Nai Province and Binh Duong Province, and the Soai Rap River within the jurisdiction of Tien Giang Province but must anchor and avoid typhoons in the port waters of Ho Chi Minh City;

Notify the Port Maritime Office of Ho Chi Minh City of the name, nationality, call sign, main technical parameters, and other necessary information of ships entering and leaving bridges and wharfs with routes passing through the port waters of Ho Chi Minh City, at least two hours before the ships arrive at the port waters of Ho Chi Minh City; for ships leaving bridges and wharfs on the Nha Be River and Long Tau River within the jurisdiction of Dong Nai Province, and the Soai Rap River within the jurisdiction of Tien Giang Province, notify before the ships leave the bridges and wharfs;

The Port Maritime Office of Dong Nai shall handle procedures for ships entering and leaving bridges and wharfs on the Dong Nai River, Nha Be River, and Long Tau River within the jurisdiction of Dong Nai Province and Binh Duong Province. The Port Maritime Office of My Tho shall handle procedures for ships entering and leaving bridges and wharfs on the Soai Rap River within the jurisdiction of Tien Giang Province.

4. In cases where incidents involving ships occur in the port waters managed by which Port Maritime Office, that Port Maritime Office shall take the lead in resolving them according to the law. If incidents occur at the boundary of the port waters managed by two Port Maritime Offices, the Port Maritime Office where the ships enter and leave the bridges and wharfs shall take the lead in resolving them.

Article 5. Effective Date

This Circular takes effect from May 1, 2015. Decree No. 49/2007/QĐ-BGTVT dated September 12, 2007 of the Minister of Transport promulgating the port waters of Ho Chi Minh City and the management area of the Port Maritime Office of Ho Chi Minh City is hereby abolished.

Article 6. Implementation Organization

The Head of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, Directors of the Vietnam Maritime Administration, Directors of the Vietnam Inland Waterways Administration, Directors of the Ho Chi Minh City Department of Transport, Directors of the Ba Ria-Vung Tau Province Department of Transport, Directors of the Dong Nai Province Department of Transport, Directors of the Binh Duong Province Department of Transport, Directors of the Long An Province Department of Transport, Directors of the Tien Giang Province Department of Transport, Director of the Port Maritime Office of Ho Chi Minh City, Director of the Port Maritime Office of Vung Tau, Director of the Port Maritime Office of Dong Nai, Director of the Port Maritime Office of My Tho, Heads of related agencies, organizations, and individuals are responsible for implementing this Circular./.