Circular No. 05/2016/TT-BGTVT announcing the port waters area within the jurisdiction of An Giang Province and under the management of the An Giang Maritime Branch

CIRCULAR

Announcing the port waters within the jurisdiction of An Giang Provinceand the management area of the An Giang Maritime Port Office

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

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

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;

Based on the opinions of the People's Committee of An Giang Province at Circular No. 2195/UBND-KT dated December 30, 2015;

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 An Giang Province and the management area of the An Giang Maritime Port Office.

Article 1. Announcing the port waters within the jurisdiction of An Giang Province

The port waters within the jurisdiction of An Giang Province are the An Giang port waters on the Hau River from the lower limit of Cai San Branch to Goi Lon Branch.

Article 2. Scope of the port waters within the jurisdiction of An Giang Province

1. The scope of the port waters within the jurisdiction of An Giang Province, measured according to the highest tidal water level, is specifically limited as follows:

a) From the lower boundary, it is a straight line across the Hau River passing through two points AG1 with coordinates: 10°19'30'' N; 105°29'30'' E (My Thanh Ward, Long Xuyen City, An Giang Province) and AG2 with coordinates: 10°19'39'' N; 105°29'55'' E (Dinh An Commune, Lap Vo District, Dong Thap Province) at Cai San Branch (the boundary between An Giang Province and Can Tho City), running along both banks of the Hau River to the upper boundary;

b) The upper boundary is a straight line across the Hau River passing through two points AG3 with coordinates: 10°21'45" N, 105°27'30" E (My Ky Ward, Long Xuyen City, An Giang Province) and AG4 with coordinates: 10°22'00" N, 105°27'55" E (Hoà Bình Commune, Cho Moi District, An Giang Province) in the Goi Lon Branch area.

2. The boundaries at the branches, mouths, and channels of rivers specified in Clause 1 of this Article are limited by the straight line connecting the two furthest protruding points on the banks of those branches, mouths, and channels.

3. The coordinates of the points specified in Clause 1 of this Article are applied according to the VN-2000 Coordinate System and converted to the corresponding coordinate system as follows:

Article 3. Pilot reception and delivery zones, quarantine zones, anchorage areas, cargo transfer areas, storm shelters, water areas, and other related water zones

The Director of the Vietnam Maritime Administration shall organize the announcement of the pilot pick-up and drop-off areas, quarantine zones, anchorage areas, cargo transfer areas, and storm shelters for vessels entering and leaving the An Giang port waters and other water areas as prescribed.

Article 4. Responsibilities of the An Giang Maritime Port Office and related parties

1. The An Giang Maritime Port Office has the responsibility:

a) To perform tasks and exercise powers as stipulated in the Vietnamese Maritime Code and relevant laws concerning maritime activities in the port waters within the jurisdiction of An Giang Province;

b) Based on actual conditions regarding weather, waves, draft, and tonnage of vessels, designate specific positions for vessels to anchor, transfer cargo, and avoid storms in the designated areas, ensuring maritime safety, maritime security, and environmental protection;

c) Notify the Can Tho Maritime Port Office of the name, nationality, main technical specifications, and necessary information of vessels entering and leaving the port waters within the jurisdiction of An Giang Province at least two hours before the vessels reach the port waters within the jurisdiction of Can Tho City;

d) Notify the Can Tho Maritime Port Office that vessels entering the port waters within the jurisdiction of An Giang Province must anchor and avoid storms in the port waters within the jurisdiction of Can Tho City at least two hours before the vessels reach the port waters within the jurisdiction of Can Tho City.

2. The Can Tho Maritime Port Office has the responsibility: based on actual conditions regarding weather, waves, draft, and tonnage of vessels entering and leaving the port waters within the jurisdiction of An Giang Province, designate specific positions for vessels to pick up and drop off pilots, undergo quarantine, anchor, and avoid storms; within one hour of receiving notification from the An Giang Maritime Port Office, the Can Tho Maritime Port Office must report back to the An Giang Maritime Port Office.

3. The Director of the Inland Waterway Transport Management Department Region IV has the responsibility: to organize the implementation of specialized state management at ports and inland waterway terminals (excluding passenger ferry terminals) in the port waters within the jurisdiction of An Giang Province.

Article 5. Effective Date

This Circular takes effect from June 1, 2016. Decree No. 47/2007/QĐ-BGTVT dated September 5, 2007 of the Minister of Transport on announcing the port waters within the jurisdiction of An Giang Province and the management area of the An Giang Maritime Port Office is hereby repealed.

Article 6. Responsibility for Implementation

The Head of the Ministry’s General Office, the Inspector General of the Ministry, Heads of Departments under the Ministry, the Director of the Vietnam Maritime Administration, the Director of the Vietnam Inland Waterway Transport Administration, the Directors of the Transportation Departments of An Giang Province, Dong Thap Province, and Can Tho City, the Directors of the An Giang Maritime Port Office, the Can Tho Maritime Port Office, the Inland Waterway Transport Management Department Region IV, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular.