Decision No. 03/2004/QD-BGTVT On the waters of sea ports within the jurisdiction of Bà Rịa-Vũng Tàu province and the responsibility area of Vũng Tàu Port Office

DECISION

Regarding the waters of the seaports within the jurisdiction of Bà Rịa - Vũng Tàu province and the area

of responsibility of the Vũng Tàu port authority

THE MINISTER OF TRANSPORTATION

Pursuant to Article 58 of the Vietnam Maritime Code dated June 30, 1990;
Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;
Pursuant to the opinion of the People's Committee of Bà Rịa - Vũng Tàu Province at Circular No. 3180/UB-VP dated August 16, 2002;
Considering the proposal of the Director of the Legal Affairs Department and the Director General of the Vietnam Maritime Administration,

Pursuant to …;

Article 1. Now hereby promulgating the waters of the seaports within the jurisdiction of Bà Rịa-Vũng Tàu province including:

1. Waters before the wharf:

a. On the Thị Vải River: waters before the Phú Mỹ Oil Wharf of Phú Mỹ Power Plant 1, Phú Mỹ Power Plant 2-1 Oil Wharf, Phú Mỹ Wharf, PV Gas Vũng Tàu Wharf, Interflour Wharf;

b. On the Dinh River: waters before the Trường Sa Seafood Company Wharf, Thuỷ Sản Cát Lở Wharf, Cát Lở Vũng Tàu Fish Wharf, Cát Lở Branch Wharf (Vũng Tàu Commercial Port), Vũng Tàu Oil Branch Wharf (Oil Wharf K2), VietsovPetro Dedicated Service Wharf, dedicated fuel storage wharf of the Technical Services Corporation, Vũng Tàu Oil Service Branch Wharf (PTSC Upper Wharf), PTSC Lower Wharf;

c. Waters before the Bến Đầm Fish Wharf;

d. Waters of offshore oil export terminals at: Bạch Hổ field, Dragon field, Đại Hùng field, Rạng Đông field, Hồng Ngọc field, and Black Lion field.

2. Waters of maritime channels, pilotage reception areas, quarantine zones, anchorage areas, cargo transfer areas, and storm shelters for vessels entering the seaports specified in Clause 1 of this Article and the cargo transfer area at Gò Gia.

Article 2. The scope of the waters of the seaports within the jurisdiction of Bà Rịa-Vũng Tàu province is defined according to the highest tide level as follows:

1. Areas of wharves on the Thị Vải River, Dinh River, and the cargo transfer area at Gò Gia:

a. The boundary towards the sea (South and West of Gành Rái Bay): delimited by straight lines connecting the following points: GR1, GR2, GR3, GR4, GR5 with the following coordinates:

GR1. 100 19' 12" N; 1070 04' 42" E (O Cấp Cape);

GR2. 100 18' 06" N; 1070 06' 06" E (O Cấp Shoal);

GR3. 100 18' 06" N; 1070 00' 00" E; GR4. 100 24' 00" N; 1070 00' 00" E;

GR5. 100 25' 00" N; 1060 58' 12" E (East-North-East edge of Cần Giờ Cape).

b. The boundary towards the West of Gành Rái Bay: a line running from Point GR5 along the 1060 58'12" E meridian (the boundary with the waters of the seaports within the jurisdiction of Ho Chi Minh City) to the East edge of Phú Lợi Island.

c. The boundary towards the North of Gành Rái Bay:

(i) From the intersection of the 1060 58'12" E meridian with the East edge of Phú Lợi Island, running along the East edge of Phú Lợi Island northwards to the point farthest protruding on the right bank of the Cái Mép River mouth.

(ii) Boundaries on the Cái Mép River and Thị Vải River:

- From the two points farthest protruding on the Cái Mép River mouth, running along both banks of the Cái Mép River to the confluence of the Cái Mép River - Gò Gia River - Thị Vải River.

- From the two points farthest protruding on the Thị Vải River mouth (at the confluence of the Thị Vải River - Gò Gia River - Cái Mép River) running along both banks of the Thị Vải River to the 10o 38' 24" N latitude line.

d. The boundary towards the North-East of Gành Rái Bay:

(i) From the left bank of the Cái Mép River mouth, running along the Gành Rái Bay shore through the West-South edge of Phú Lạng Island, through Đông Creek, Ông Ben Creek, along the West-South edge of Long Sơn Commune, to Point GR6 with coordinates: 10o 26' 00" N, 107o 05' 56" E, and connecting to Point GR7 (South edge of Gò Công) with coordinates: 10o 25' 00" N, 107o 06' 48" E.

(ii) From Point GR7, running along the right bank of the Dinh River to the transverse boundary line, 300 meters upstream from the Trường Sa Seafood Company Wharf. From the intersection of the transverse boundary line with the left bank of the Dinh River, running along the Dinh River downstream, along the North bank of Bến Đình Island, through Gành Rái Cape, along the South bank to Point GR1.

2. Area of the Bến Đầm Fishing Port at Côn Đảo:

a. Towards the sea: delimited by straight lines connecting the following points: BĐ1, BĐ2, BĐ3, BĐ4 with the following coordinates:

BĐ1. 08o 39' 36" N; 106o 32' 24" E (North-West Cape of Hòn Bà Island);

BĐ2. 08o 39' 36" N; 106o 31' 30" E;

BĐ3. 08o 42' 12" N; 106o 32' 12" E (South-West Cape of Hòn Tre Island);

BĐ4. 08o 41' 18" N; 106o 33' 12" E (South-West Cape of Hòn Trọc Island).

b. Towards the mainland: from Point BĐ4, running along the shore southward, then along the West shore of Côn Sơn Island to Point BĐ1.

3. Area of offshore oil export terminals at the fields:

a. Bạch Hổ Field: delimited by three circles with a radius of 01 nautical mile, centered at the following positions with the following coordinates:

BH1. 09o 46' 28" N, 107o 58' 50" E;

BH2. 09o 48' 51" N, 108o 00' 16" E;

BH3. 09o 43' 48" N, 107o 57' 09" E;

b. Dragon Field: delimited by a circle with a radius of 01 nautical mile, centered at the following position with the following coordinate:

MR. 09o 34' 30" N, 107o 52' 59" E;

c. Đại Hùng Field: delimited by a circle with a radius of 01 nautical mile, centered at the following position with the following coordinate:

ĐH. 08o 28' 33" N, 108o 41' 23" E;

d. Rạng Đông Field: delimited by a circle with a radius of 01 nautical mile, centered at the following position with the following coordinate:

RĐ. 10o 00' 45" N, 108o 15' 22" E;

đ. Hồng Ngọc Field: delimited by a circle with a radius of 01 nautical mile, centered at the following position with the following coordinate:

HN: 10o 22' 32" N; 108o 30' 01" E.

e. Sư Tử Đen Field: delimited by a circle with a radius of 01 nautical mile, centered at the following position with the following coordinate:

STĐ: 10o 25' 24" N; 108o 23' 38" E.

4. Cargo transfer area at Gò Gia: delimited from the two points farthest protruding on the Gò Gia River mouth (at the confluence of the Gò Gia River - Cái Mép River - Thị Vải River) running along both banks of the Gò Gia River to the upper limit boundary at 10o 34' 36" N latitude line (at the confluence of the Gò Gia River - Ba Giỏi - Tắc Cua).

Article 3.

1. Pilotage reception areas, quarantine zones, anchorage areas, cargo transfer areas, and storm shelters for vessels entering the seaports within the jurisdiction of Bà Rịa-Vũng Tàu province are defined as follows:

a. Pilotage reception areas, quarantine zones:

(i) For wharves on the Thị Vải River, Dinh River, and the cargo transfer area at Gò Gia: delimited by a circle with a radius of 01 nautical mile, centered at the following position with the following coordinates: 100 19' 00'' N; 1070 02' 00'' E.

(ii) For the Bến Đầm Fishing Port: delimited by a circle with a radius of 0.5 nautical mile, centered at the following position with the following coordinates: 08o 40' 30" N; 106o 32' 42" E.

(iii) For offshore oil export terminals at the fields:

- White Tiger Field:

+ In normal weather conditions: it is the water area limited by a circle with a radius of 01 nautical mile, with the center at the coordinates: 090 51' 00'' N, 1070 58' 30'' E;

+ In adverse weather conditions: it is the water area limited by a circle with a radius of 01 nautical mile, with the center at the coordinates: 100 16' 00'' N, 1070 05' 00'' E.

- Dragon Field:

+ In normal weather conditions: it is the water area limited by a circle with a radius of 01 nautical mile, with the center at the coordinates: 090 37' 00'' N, 1070 52' 00'' E;

+ In adverse weather conditions: it is the water area limited by a circle with a radius of 01 nautical mile, with the center at the coordinates: 100 16' 00'' N, 1070 05' 00'' E.

- Great Dragon Field:

+ In normal weather conditions: it is the water area limited by a circle with a radius of 01 nautical mile, with the center at the coordinates: 080 28' 30'' N, 1080 41' 00'' E;

- In adverse weather conditions: it is the water area limited by a circle with a radius of 01 nautical mile, with the center at the coordinates: 100 16' 00'' N, 1070 05' 00'' E.

Rạng Đông field:

+ In normal weather conditions: it is the water area limited by a circle with a radius of 01 nautical mile, with the center at the coordinates: 100 01' 00'' N, 1080 10' 00'' E;

+ In adverse weather conditions: it is the water area limited by a circle with a radius of 01 nautical mile, with the center at the coordinates: 100 16' 00'' N, 1070 05' 00'' E.

- Ruby Field:

+ In normal weather conditions: it is the water area limited by a circle with a radius of 01 nautical mile, with the center at the coordinates: 100 20' 00'' N, 1080 33' 00'' E;

+ In adverse weather conditions: it is the water area limited by a circle with a radius of 01 nautical mile, with the center at the coordinates: 100 16' 00'' N, 1070 05' 00'' E.

- Black Lion field

+ In normal weather conditions: it is the water area limited by a circle with a radius of 01 nautical mile, with the center at the coordinates: 100 21' 24'' N, 1080 23' 38'' E;

+ In adverse weather conditions: it is the water area limited by a circle with a radius of 01 nautical mile, with the center at the coordinates: 100 16' 00'' N, 1070 05' 00'' E.

b. Mooring and storm shelter area:

(i) For bridges and ports on the Thi Vai River and Dinh River:

- For vessels with a deadweight tonnage up to 3,000 DWT: at suitable positions on the right side of the Vung Tau-Sai Gon Maritime Channel within the water areas specified in points a and b of Clause 1, Article 2 of this Decision.

- For vessels with a deadweight tonnage over 3,000 DWT: at suitable positions on the left side of the Vung Tau-Sai Gon Maritime Channel within the water areas specified in points a and b of Clause 1, Article 2 of this Decision.

- For vessels carrying dangerous goods: designated by the Director of Vung Tau Port Control at suitable positions within the water areas specified in points a and b of Clause 1, Article 2 of this Decision.

(ii) For Ben Dam Fishery Port: the water area specified in Clause 2, Article 2 of this Decision.

(iii) For offshore crude oil export ports: the water area specified in Clause 3, Article 2 of this Decision.

c. Cargo transfer area in Go Gia region:

(i) For vessels with a deadweight tonnage under 10,000 DWT at the position with coordinates: 10o 31' 40" N, 107o 00' 30" E;

(ii) For vessels with a deadweight tonnage from 10,000 DWT to 20,000 DWT at the position with coordinates: 10o 31' 43" N, 106o 59' 31" E;

(iii) For vessels with a deadweight tonnage from 20,000 DWT to 30,000 DWT at the position with coordinates: 10o 31' 49" N, 107o 00' 11" E;

(iv) For vessels with a deadweight tonnage from 20,000 DWT to 50,000 DWT at the position with coordinates: 10o 31' 47" N, 106o 59' 51" E.

2. The pilot and quarantine reception area specified in sub-item (i) point a of Clause 1 of this provision also applies to vessels entering seaports located in the provinces and cities of Ho Chi Minh City, Dong Nai, Binh Duong, Tien Giang, Vinh Long, Dong Thap, and vessels transiting through Cambodia via the Mekong River.

Article 4.

1. Vung Tau Port Control is responsible for performing its duties and powers as prescribed by the Vietnam Maritime Code and related legal regulations for all maritime activities within the waters of seaports located in the province of Ba Ria-Vung Tau.

2. Vung Tau Port Control shall designate specific mooring, cargo transfer, and storm shelter positions for vessels within the water areas specified in Article 3 of this Decision based on actual weather, wave, draft, and vessel tonnage conditions, ensuring maritime safety and environmental hygiene.

3. Vung Tau Port Control shall perform specialized maritime administrative management functions for vessels entering seaports located in the provinces and cities of Ho Chi Minh City, Dong Nai, Binh Duong, Tien Giang, Vinh Long, Dong Thap, and vessels transiting through Cambodia via the Mekong River and vice versa, but must anchor in the pilot and quarantine reception areas specified in sub-item (i) point a and sub-item (i) point b of Clause 1 of Article 3 of this Decision, according to the following principles:

a. Designate vessels to moor at the positions specified in sub-item (i) point a and sub-item (i) point b of Clause 1 of Article 3 of this Decision;

b. Coordinate with relevant maritime port control units and specialized maritime administrative authorities for domestic and foreign vessels entering and leaving seaports located in the provinces and cities and vessels transiting as stipulated in Clause 3 of this provision.

c. Only process transit procedures for foreign vessels transiting through Cambodia via the Mekong River as prescribed by law.

4. At least two hours before a vessel arrives or departs from the pilot and quarantine reception area within the waters of seaports located in the province of Ba Ria-Vung Tau, the maritime port control unit where the vessel enters or leaves the port shall notify Vung Tau Port Control of the vessel's name, nationality, main technical specifications, and other necessary information.

Article 5. Outside the waters of seaports located in the province of Ba Ria-Vung Tau as specified in this Decision, Vung Tau Port Control also has the responsibility to manage specialized maritime order and safety in the territorial waters of Vietnam in the provinces of Ba Ria-Vung Tau, Binh Thuan, Tien Giang, Ben Tre, Tra Vinh, and Soc Trang.

Article 6. This Decision takes effect fifteen days after its publication in the Official Gazette and replaces Decision No. 1635/QĐ-PCVT dated August 18, 1993 of the Ministry of Transport regarding the waters of Vung Tau Port and the jurisdictional responsibilities of Vung Tau Port Control, and any previous provisions that conflict with this Decision.

Article 7. The Directors of the Ministry's Office, Heads of Departments under the Ministry, Director of the Vietnam Maritime Administration, Director of the Vietnam Inland Waterways Administration, Director of the Transport Service Department of Bà Rịa-Vũng Tàu Province, Director of the Transport Service Department of Đồng Nai Province, Director of the Transportation and Public Works Department of Hồ Chí Minh City, Directors of the Vũng Tàu Port Office, Đồng Nai Port Office, Hồ Chí Minh City Port Office, Mỹ Tho Port Office, Đồng Tháp Port Office, Heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Decision.