Decision No. 1330/2003/QĐ-BGTVT On the waters of seaports within the jurisdiction of Da Nang City and Quang Nam Province and the responsibility area of Da Nang Port Office

Pursuant to …;

Regarding the waters of seaports within the jurisdiction of Da Nang City,

Quang Nam Province and the area of responsibility of Da Nang Port Authority

__________________

THE MINISTER OF TRANSPORTATION

Pursuant to Article 58 of the Vietnam Maritime Code dated June 30, 1990;

Pursuant to Decree No. 22/CP dated March 22, 1994 of the Government on the tasks, powers, responsibilities for state management, and organizational structure of the Ministry of Transport;

Pursuant to the opinion of the People's Committee of Da Nang City at Circular No. 2372/UB-VP dated August 21, 2002;

Pursuant to the opinion of the People's Committee of Quang Nam Province at Circular No. 1065/UB-KTN dated June 20, 2002;

Considering the proposal of the Director of the Legal Affairs and Transportation Department and the Director General of the Vietnam Maritime Administration,

DECISION:

Article 1. Now hereby promulgates the waters of seaports within the jurisdiction of Da Nang City and Quang Nam Province including:

1. The waters before Da Nang Wharf, Lien Chieu, Nai Hien, K4D6, Nguyen Van Troi, dedicated wharf of Hai Van Cement Factory, dedicated wharf of PETEC Company, Zone B wharf of Ha Son Repair Yard, Ky Ha Port and the waters of My Khe Mooring Buoy;

2. The waters of the maritime channel, pilotage reception and delivery zone, quarantine zone, anchorage, transshipment, and storm shelter areas of the aforementioned seaports;

3. The waters before other wharfs and zones for anchorage, transshipment, and storm shelter will be promulgated 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 according to the highest tide level and is specified as follows:

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

a. The Danang area comprising Danang Wharf, Lien Chieu, Nai Hien, K4D6, Nguyen Van Troi, dedicated wharf of Hai Van Cement Factory, dedicated wharf of PETEC Company, Zone B wharf of Ha Son Repair Yard:

- The boundary towards the sea: limited by a straight line connecting points DN1 and DN2, with the following coordinates:

+ DN1. 160 12' 36'' N; 1080 12' 06'' E (southern edge of Son Cha Island).

+ DN2. 160 09' 36'' N; 1080 14' 42'' E (northwestern edge of Son Cha Peninsula);

- The boundary towards the mainland: the entire water area of Danang Bay, specifically bounded from point DN2 running along the coastline of Danang Bay towards the west of Son Cha Peninsula, through Han River mouth, continuing along the coastline towards the west of Danang Bay through Nam O Cape up to point DN3 with the following coordinates: 16o 12' 38" N; 108o 11' 25" E (eastern edge of Hai Van Pass). From there, point DN3 connects to point DN4 with the following coordinates: 16o 12' 40" N; 108o 11' 44" E (southwestern edge of Son Cha Island) and runs along the southwestern coastline of Son Cha Island to point DN1.

- The boundary on Han River: from the two ends of Han River mouth (adjacent to Danang Bay waters) running along both banks upstream, along the left bank of North-South Dam to the downstream safety zone boundary of Nguyen Van Troi Bridge.

b. The My Khe Mooring Buoy area:

- The boundary towards the sea: limited by straight lines connecting points MK1, MK2, and MK3 with the following coordinates:

+ MK1. 16o 03' 00" N; 108o 14' 40" E;

+ MK2. 160 03' 00'' N; 1080 18' 00'' E;

+ MK3. 160 05' 45'' N; 1080 18' 00'' E.

- The boundary towards the mainland: from point MK3 running along the southeastern coastline of Son Cha Peninsula to point MK1.

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

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

+ KH1. 150 31' 00'' N; 1080 40' 00'' E;

+ KH2. 150 31' 00'' N; 1080 42' 18'' E;

+ KH3. 150 28' 54'' N; 1080 42' 18'' E;

+ KH4. 15o 28' 54" N; 108o 41' 12" E.

- The boundary towards the mainland: from point KH4 running along the coastline towards the northwest, through Long Gate (Lo Mouth) of Tra Giang River, continuing along the coastline towards the west to point KH1.

- The boundary on Tra Giang River: from the two ends of Tra 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. 150 29' 24'' N; 1080 38' 42'' E.

+ TG2. 150 28' 30'' N; 1080 38' 42'' E.

Article 3. The pilotage reception and delivery, quarantine, anchorage, transshipment, and storm shelter areas for vessels entering seaports within the jurisdiction of Da Nang City and Quang Nam Province are defined as follows:

1. The Danang area:

a. Pilotage reception and delivery and quarantine zone: the water area limited by a circle with a radius of 01 nautical mile, centered at the following coordinates:

160 10' 00'' N; 1080 11' 00'' E.

b. Anchorage, transshipment, storm shelter, and other maritime service areas for vessels in the water area defined in point a, Clause 1, Article 2 of this Decision.

2. The My Khe Mooring Buoy area:

a. Pilotage reception and delivery and quarantine zone: the water area limited by a circle with a radius of 01 nautical mile, centered at the following coordinates:

160 04' 00'' N; 1080 17' 00'' E.

b. Anchorage, transshipment, storm shelter, and other maritime service areas for vessels in the water area defined in point b, Clause 1, Article 2 of this Decision.

3. The Ky Ha Port area:

a. Pilotage reception and delivery and quarantine zone: the water area limited by a circle with a radius of 0.5 nautical miles, centered at the following coordinates:

150 29' 30'' N; 1080 41' 42'' E.

b. Anchorage, transshipment, storm shelter, and other maritime service areas for vessels in the waters of Ky Ha Port as defined in Clause 2, Article 2 of this Decision.

Article 4

1. Da Nang Port Authority shall be responsible for performing its duties and powers as prescribed by the Vietnam Maritime Code and related legal documents for all maritime activities in the waters of seaports within the jurisdiction of Da Nang City and Quang Nam Province.

2. Da Nang Port Authority, based on actual conditions regarding weather, waves, tide levels, and vessel load capacity, shall designate specific positions for vessels to anchor, transship, and seek shelter from storms in the water areas defined in point b of Clause 1, 2, and 3 of Article 3 of this Decision, ensuring maritime safety and environmental hygiene.

Article 5. Outside the scope of the waters defined in Articles 2 and 3 of this Decision, Da Nang Port Authority also has the responsibility for state management over maritime order and safety in the territorial waters under 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 and shall replace Decision No. 1600/PC-VT dated August 12, 1993 of the Minister of Transport on the port waters of Da Nang and the area of responsibility of the Da Nang Port Authority, as well as any previous regulations that conflict with this Decision.

Article 7. The Heads of the Ministry's Office, the Department Heads under the Ministry, the Director of the Vietnam Maritime Administration, the Director of the Vietnam Inland Waterways Administration, the Director of the Da Nang Department of Transport, the Director of the Quang Nam Department of Transport, the Director of the Da Nang Port Authority, and the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Decision./.