Decision No. 09/2007/QĐ-BGTVT on announcing the waters of seaports within the jurisdiction of Da Nang City and Quang Nam Province and under the management of Da Nang Maritime Port Office

Pursuant to …;

Regarding the announcement of the waters of seaports within the jurisdiction of Da Nang City and Quang Nam Province

and the management area of the Da Nang Maritime Port Office

___________________________

MINISTER OF TRANSPORT

Pursuant to the Vietnam Maritime Code on June 14, 2005;

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 Decree No. 71/2006/NĐ-CP dated July 25, 2006 of the Government on port management and maritime channels;

Pursuant to the opinion of the People's Committee of Da Nang City at Official Letter No. 6167/UBND-QLĐTh dated October 18, 2006;

Pursuant to the opinion of the People's Committee of Quang Nam Province at Official Letter No. 3003/UBND-KTN dated October 11, 2006;

Considering the proposal of the Director of the Legal Department and the Director of the Vietnam Maritime Administration.

Pursuant to …;

Article 1.

1. The waters of seaports within the jurisdiction of Da Nang City and Quang Nam Province are hereby announced, including:

a) The waters before the port wharves and berths of the following seaports:

- Seaports within the jurisdiction of Da Nang City: Han River, Tien Sa, Lien Chieu, dedicated wharf of PETEC Company, dedicated wharf of Hai Van Cement Factory, Zone B of Ha Son Ship Repair Enterprise, Nguyen Van Troi, Nai Hien Wharf, and My Khe Mooring Buoy.

- Seaports within the jurisdiction of Quang Nam Province: Ky Ha, Berth No. 2 of Ky Ha, and Gas Berth of Danang Gas Joint Venture Company.

b) The waters of port channels, branch channels, pilotage areas, quarantine zones, anchorage areas, transshipment areas, and storm shelters of the seaports specified in point a of this clause.

2. Other waters before port wharves and berths, anchorage areas, transshipment areas, and storm shelters shall be announced in accordance with the provisions of the law.

 Article 2. The scope of the waters of seaports within the jurisdiction of Da Nang City and Quang Nam Province is measured from the highest tide level and is specifically defined as follows:

1. The scope of the waters of seaports within the jurisdiction of Da Nang City:

a) Da Nang Bay area:

- The seaward boundary: limited by the straight line connecting two points DN1 and DN2, with the following coordinates:

+ DN1: 16°12'28"N, 108°12'12"E (southern edge of Son Tra Island);^°+ DN2: 16°09'16"N, 108°14'42"E (western edge of Son Tra Peninsula).^°- The landward boundary: the entire water area of Da Nang Bay, specifically limited from point DN2 running along the coastline of Da Nang Bay towards the west of Son Tra Peninsula, through Han River mouth, continuing along the coastline towards the west of Da Nang Bay through Nam O Cape and Isabelle Cape up to the north of Da Nang Bay to point DN3 with the following coordinates 16°11'26"N (eastern edge of Hai Van Pass, bordering Thua Thien Hue Province); from point DN3 connecting directly to point DN4 with the following coordinates 16°12'38"N, 108°11'42"E (western edge of Son Tra Island) and running along the western edge of Son Tra Island ending at point DN1.

b) Han River Area:^°The boundaries are determined from the two ends of Han River mouth (adjacent to the water area of Da Nang Bay) running along both banks upstream, along the left bank of the North-South Dam to the downstream safety zone boundary of Nguyen Van Troi Bridge.^°c) My Khe Mooring Buoy Area:

- The seaward boundary: limited by the straight lines connecting points MK1, MK2, and MK3 with the following coordinates:^°+ DN2: 16°09'16"N, 108°14'42"E (western edge of Son Tra Peninsula).^°+ MK1: 16°03'00"N, 108°14'40"E;^°+ MK2: 16°18'00"N, 108°15'00"E;^°+ MK3: 16°05'45"N, 108°18'00"E.

- The landward boundary: from point MK3 running along the southeastern edge of Son Tra Peninsula to point MK1.

2. The scope of the waters of Ky Ha Seaport within the jurisdiction of Quang Nam Province:

- The seaward boundary: limited by the straight lines connecting points KH1, KH2, KH3, and KH4 with the following coordinates:

+ KH1: 15°31'00"N, 108°40'00"E;

+ KH2: 15°42'18"N, 108°40'00"E;^°+ KH3: 15°28'54"N, 108°39'00"E;^°+ KH4: 15°41'12"N, 108°40'00"E.

- The landward boundary: from point KH4 running along the coastline towards the northwest, through Long Giang River Mouth (Lo Mouth), continuing along the coastline through An Hoa Cape to the west to point KH1.^°+ KH3: 15°28'54"N, 108°39'00"E;^°- The river boundary: from the two ends of Long Giang River Mouth (Lo Mouth), running along both banks upstream, through Dau Doi Channel (Sam Rieng) to the straight line intersecting the river connecting points TG1 and TG2 with the following coordinates:

+ TG1: 15°29'24"N, 108°38'42"E;^°+ TG2: 15°28'30"N, 108°38'42"E.^°Pilotage areas, quarantine zones, anchorage areas, transshipment areas, and storm shelters for vessels entering seaports within the jurisdiction of Da Nang City and Quang Nam Province are defined as follows:

1. Da Nang Bay Area:

a) Pilotage area and quarantine zone: the water area limited by a circle with a radius of 01 nautical mile, with the center located at the following coordinates:

16°10'00"N, 108°11'00"E.

b) Anchorage area, transshipment area, and storm shelter for vessels in the water area defined in point a of Clause 1 of Article 2 of this Decision.^°2. My Khe Mooring Buoy Area:^°a) Pilotage area and quarantine zone: the water area limited by a circle with a radius of 0.5 nautical mile, with the center located at the following coordinates:

16°04'00"N, 108°17'00"E.^°2. My Khe Mooring Buoy Area:^°b) Anchorage area, transshipment area, and storm shelter for vessels in the water area defined in point b of Clause 1 of Article 2 of this Decision.

3. Ky Ha Seaport Area:^°a) Pilotage area and quarantine zone: the water area limited by a circle with a radius of 0.5 nautical mile, with the center located at the following coordinates:^°b) Anchorage area, transshipment area, and storm shelter for vessels in the water area defined in point b of Clause 1 of Article 2 of this Decision.

15°29'30"N, 108°41'42"E.^°a) Pilotage area and quarantine zone: the water area limited by a circle with a radius of 0.5 nautical mile, with the center located at the following coordinates:^°b) Anchorage area, transshipment area, and storm shelter for vessels in the water area of Ky Ha Seaport are defined in Clause 2 of Article 2 of this Decision.

The Da Nang Maritime Port Office is responsible for:

1. Performing its duties and powers as prescribed by the Vietnam Maritime Code and relevant laws concerning maritime activities in the waters of seaports within the jurisdiction of Da Nang City and Quang Nam Province;

2. Based on actual conditions regarding weather, waves, draft, and vessel tonnage, designating specific positions for vessels to pick up and drop off pilots, undergo quarantine, anchor, transship, and avoid storms in the water areas defined in Article 3 of this Decision, ensuring maritime safety, maritime security, and environmental protection.^°Outside the water areas defined in Articles 2 and 3 of this Decision, the Da Nang Maritime Port Office also has the responsibility to manage state affairs concerning maritime safety and maritime security in the sea areas within the jurisdiction of Da Nang City and Quang Nam Province.^°Article 6.

+ TG2: 15^°28'30"N, 108^°38'42"E.

 Article 3. The pilot station area, quarantine zone, anchorage, cargo transfer area, and storm shelter for vessels entering sea ports within the jurisdiction of Da Nang City and Quang Nam Province are defined as follows:

1. Danang Bay Area:

a) Pilot station and quarantine zone: This is the water area enclosed by a circle with a radius of 01 nautical mile, with its center located at coordinates:

16^°10'00"N, 108^°11'00"E.

b) Anchorage, cargo transfer area, and storm shelter for vessels within the water area specified in point a, Clause 1, Article 2 of this Decision.

2. My Khe Mooring Area:

a) Pilot station and quarantine zone: This is the water area enclosed by a circle with a radius of 0.5 nautical mile, with its center located at coordinates:

16^°04'00"N, 108^°17'00"E.

b) Anchorage, cargo transfer area, and storm shelter for vessels within the water area specified in point b, Clause 1, Article 2 of this Decision.

3. Ky Ha Sea Port Area:

a) Pilot station and quarantine zone: This is the water area enclosed by a circle with a radius of 0.5 nautical mile, with its center located at coordinates:

15^°29'30"N, 108^°41'42"E.

b) Anchorage, cargo transfer area, and storm shelter for vessels within the water area of Ky Ha port are defined in Clause 2, Article 2 of this Decision. 

Article 4. The Maritime Port Authority of Da Nang is responsible for:

1. Performing its duties and powers according to the provisions of the Vietnam Maritime Code and relevant laws concerning maritime activities in the waters of sea ports within the jurisdiction of Da Nang City and Quang Nam Province;

2. Based on actual conditions regarding weather, waves, draft, and tonnage of vessels, designating specific locations for vessels to pick up and drop off pilots, undergo quarantine, anchor, transfer cargo, and seek shelter from storms in the areas defined in Article 3 of this Decision, ensuring maritime safety, maritime security, and environmental protection.

Article 5. Outside the waters defined in Articles 2 and 3 of this Decision, the Maritime Port Authority of Da Nang also has the responsibility to manage state affairs concerning maritime safety and maritime security in the sea areas within the jurisdiction of Da Nang City and Quang Nam Province. 

 Article 6. This Decision shall take effect fifteen days after its publication in the Official Gazette. The Decision No. 1330/2003/QĐ-BGTVT dated May 12, 2003 of the Minister of Transport on the waters of seaports within the administrative boundaries of Da Nang City, Quang Nam Province, and the area of responsibility of the Da Nang Marine Port Control Office is hereby repealed./.

Article 7. The Heads of the Ministry’s Office, the Inspector General of the Ministry, the Heads of the Departments under the Ministry, the Directors of the Vietnam Maritime Administration, the Vietnam Inland Waterways Administration, the Department of Transport and Public Works of Da Nang City, the Department of Transport of Quang Nam Province, the Director of the Da Nang Marine Port Control Office, the Heads of agencies, organizations, and individuals concerned are responsible for implementing this Decision ././