Circular No. 02/2022/TT-BGTVT amending and supplementing certain Articles of Circular No. 18/2020/TT-BGTVT dated August 14, 2020 of the Minister of Transport on the waters of seaports within the jurisdiction of Ho Chi Minh City, Long An Province, Tien Giang Province, and the management area of the Ho Chi Minh City Maritime Port Supervision Authority.

CIRCULAR

Amending and supplementing certain Articles of Circular No. 18/2020/TT-BGTVT dated August 14, 2020 of the Minister of Transport on announcing the port water areas within the jurisdiction of Ho Chi Minh City, Long An Province, Tien Giang Province, and the management area of the Ho Chi Minh City Maritime Port Office

Pursuant to the Vietnam Maritime Code on 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:

At the proposal of the Director of the Legal Department and the Director General of the Vietnam Maritime Administration;

The Minister of Transport issues this Circular to amend and supplement certain Articles of Circular No. 18/2020/TT-BGTVT dated August 14, 2020 of the Minister of Transport on announcing the port water areas within the jurisdiction of Ho Chi Minh City, Long An Province, Tien Giang Province, and the management area of the Ho Chi Minh City Maritime Port Office.

Article 1. Amending and supplementing certain Articles of Circular No. 18/2020/TT-BGTVT dated August 14, 2020 of the Minister of Transport on announcing the port water areas within the jurisdiction of Ho Chi Minh City, Long An Province, Tien Giang Province, and the management area of the Ho Chi Minh City Maritime Port Office

1. Amending and supplementing Clause 2 of Article 1 as follows:

"2. The port water area of Ho Chi Minh City - Tien Giang at Dong Tran Bay and Cu Tai Channel areas."

2. Supplement Clause 8 to Article 1 as follows:

"8. The port water area of Tien Giang on the Song Tien River (Cu Tai Branch)."

3. Amending and supplementing Clause 2 of Article 2 as follows:

"2. The scope of the port water area of Ho Chi Minh City - Tien Giang at Dong Tran Bay and Cu Tai Channel is limited as follows:

The straight lines connecting successively the points HCM1, HCM2, TG1, TG2, and TG3 with the following coordinates:

HCM1: 10°25'10" N, 106°58'12" E (Can Gio Cape);

HCM2: 10°24'00" N, 107°00'00" E;

TG1: 10°10'53" N, 106°59'54" E;

TG2: 10°10'53" N, 106°47'36" E;

TG3: 10°13'24" N, 106°46'46" E."

4. Amending and supplementing Clause 5 of Article 2 as follows:

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

From the Red Light Junction (where the Dong Nai, Nha Be, and Sai Gon rivers meet), running along both banks of the Dong Nai River to the straight line cutting across the Dong Nai River from the farthest point of Tac Thay Bai (Ong Com Island) to the farthest point of Long Truong Commune. The boundary between the Dong Nai and Sau rivers is the straight line cutting across the Sau River defined by the straight line connecting two points with the following coordinates (HCM3: 10°46'06,69" N, 106°48'22,52" E and HCM4: 10°45'46,53" N, 106°48'22,11" E)."

5. Amending and supplementing Clause 7 of Article 2 as follows:

"7. The scope of the port water area of Ho Chi Minh City - Long An - Tien Giang on the Soai Rap River is limited as follows:

From the mouth of the Soai Rap River, running along both banks of the Soai Rap River to the junction of Binh Khanh (where the Soai Rap, Nha Be, and Lung Tau rivers meet)."

6. Supplementing Clause 7a after Clause 7 of Article 2 as follows:

"7a. The scope of the port water area of Tien Giang on the Song Tien River (Cu Tai Branch) is limited as follows:

From the Cu Tai Channel, running along both banks of the Song Tien River (Cu Tai Branch): the right bank (from sea inward) to point TG9; the left bank (from sea inward) to the straight line connecting two points TG4 - TG5, continuing along the left bank of the maritime channel of the Song Tien River to the straight line TG6 - TG7, continuing along the left bank of the Song Tien River to point TG8, forming a closed path with point TG9. The coordinates of the limiting points are as follows:

TG4: 10°18'18" N, 106°28'46" E (the farthest point of Tan Thoi Island);

TG5: 10°18'24" N, 106°28'45" E;

TG6: 10°20'40" N, 106°21'53" E;

TG7: 10°20'32" N, 106°21'51" E;

TG8: 10°20'13,66" N, 106°19'07" E;

TG9: 10°20'34,06" N, 106°19'07" E."

7. Amending and supplementing Clause 8 of Article 2 as follows:

"8. The boundaries of the branches of rivers and channels leading into the rivers specified in Clauses 2, 3, 4, 5, 6, 7, and 7a of this Article are limited by the straight line connecting the two farthest points on the banks of those river branches and channels. For the Rạch Đôi and Dong Dien rivers, the boundaries are the lower limits of the safety lanes of Phu Xuan Bridge and Dong Dien Bridge. For the Vam Co River, the boundaries are the meridian 106°43'41" E connecting the two banks of the Vam Co River."

8. Amending and supplementing Clause 9 of Article 2 as follows:

"9. The boundaries of the port water areas stipulated in this Circular are determined on the Hydrographic Charts with the following numbers: VN3GR001 published for the first time in 2016 and updated to the latest version in 2021, VN4ST001, VN4ST002, VN4ST003, VN4ST004, VN4ST005 published for the second time in 2020 and updated to the latest version in 2020 by the Southern Marine Safety Assurance Corporation. The coordinates of the points, meridians, and parallels specified in this Article apply to the VN-2000 coordinate system and are converted to the WGS-84 coordinate system as provided in the Appendix attached to this Circular."

9. Amending and supplementing Point e of Clause 1 of Article 4 as follows:

"e) Based on the actual situation regarding weather, hydro-meteorological conditions, and technical specifications of vessels entering and leaving the ports on the Dong Nai River, Nha Be River, Lung Tau River within the jurisdiction of Dong Nai Province and Binh Duong Province, and the Song Tien River within the jurisdiction of Ben Tre Province but mooring, avoiding, and sheltering from storms in the port water areas within the jurisdiction of Ho Chi Minh City, Long An Province, and Tien Giang Province, designate specific mooring positions for vessels and notify the Ho Chi Minh City Maritime Port Office, Dong Thap Maritime Port Office of such positions within one hour of receiving the notification from the Dong Nai Maritime Port Office, Dong Thap Maritime Port Office, and must confirm receipt to the Dong Nai Maritime Port Office, Dong Thap Maritime Port Office."

10. Amending and supplementing Clause 3 of Article 4 as follows:

"3. The Dong Nai Maritime Port Office and Dong Thap Maritime Port Office shall be responsible for:

a) Notifying the Ho Chi Minh City Maritime Port Office of the name, nationality, call sign, main technical specifications, and other necessary information of vessels entering and leaving the ports with routes passing through the port water areas within the jurisdiction of Ho Chi Minh City, Long An Province, and Tien Giang Province, at least two hours before the vessels arrive in the port water areas within the jurisdiction of Ho Chi Minh City, Long An Province, and Tien Giang Province. For vessels departing from the ports on the Nha Be River and Lung Tau River within the jurisdiction of Dong Nai Province and the Song Tien River within the jurisdiction of Ben Tre Province, notifications must be made before the vessels depart from the ports."

b) Coordinate with the Ha Noi Port Office to ensure maritime order, safety, maritime security, and environmental protection for vessels entering and leaving wharfs and ports on the Dong Nai River, Nha Be River, Lung Tau River within the jurisdiction of Dong Nai Province and Binh Duong Province, and the Tiền River within the jurisdiction of Ben Tre Province, but which must anchor and seek shelter from storms in the waters of seaports within the jurisdiction of Ho Chi Minh City, Long An Province, and Tien Giang Province.

11. Amend and supplement Clause 3 of Article 5 as follows:

"3. Repeal Circular No. 55/2015/TT-BGTVT dated September 29, 2015 issued by the Minister of Transport announcing the waters of seaports within the jurisdiction of Tien Giang Province, Ben Tre Province, Vinh Long Province, Long An Province, and the area under the management of the My Tho Maritime Port Office."

12. Replace the Appendix on Coordinate Conversion of Positions issued together with Circular No. 18/2020/TT-BGTVT dated August 14, 2020 issued by the Minister of Transport with the Appendix issued together with this Circular.

Article 2. Effective Date

This Circular takes effect from April 15, 2022.

Article 3. Implementation Organization

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