Circular No. 14/2019/TT-BGTVT announcing the waters of seaports within the jurisdiction of Dong Nai Province, Binh Duong Province, and the management area of the Dong Nai Maritime Branch.

CIRCULAR

Issuing the waters of ports located within the territory of Dong Nai Province, Binh Duong Province, and the management area of the Dong Nai Maritime Branch.

The Minister of Transport issues this Circular to announce the waters of ports located within the territory of Dong Nai Province, Binh Duong Province, and the management area of the Dong Nai Maritime Branch.

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;

Article 1: Announce the waters of ports located within the territory of Dong Nai Province and Binh Duong Province.

1. The waters of the port of Dong Nai include:

a) The waters of the port of Dong Nai in the Thi Vai River area;

b) The waters of the port of Dong Nai in the Lung Tau and Nha Be River areas;

c) The waters of the port of Dong Nai in the Dong Nai River area.

2. The waters of the port of Binh Duong.

Article 2: Scope of the waters of ports located within the territory of Dong Nai Province and Binh Duong Province.

The scope of the waters of ports located within the territory of Dong Nai Province and Binh Duong Province is defined according to the highest tide level as follows:

1. The scope of the waters of the port of Dong Nai includes:

a) The scope of the waters of the port of Dong Nai in the Thi Vai River area:

Limited by the parallel at 10°38'45" N (coinciding with the existing high-voltage power line crossing both banks of the Thi Vai River), running along both banks of the river upstream to the meridian at 106°59'12"E, 3,800 meters from the edge of the dedicated Vedan Phuoc Thai wharf (upstream direction).

b) The scope of the waters of the port of Dong Nai in the Lung Tau and Nha Be River areas:

Limited by a straight line perpendicular to the right bank of the Lung Tau shipping channel at the point where it protrudes furthest on the right bank of the confluence of the Dong Tran and Lung Tau rivers, running along the bank of the river in Dong Nai Province and the edge of the Lung Tau-Nha Be shipping channel upstream, 200 meters from the 186 Fuel Port (upstream direction).

c) The scope of the waters of the port of Dong Nai in the Dong Nai River area:

Limited by a straight line connecting the point where the Thay Bay spit protrudes furthest on Cu Lao Ong Com and the point where the Long Truong commune protrudes furthest, running along both banks of the Dong Nai River upstream, 150 meters from the Dong Nai Bridge (downstream direction), excluding the scope of the waters of the port of Binh Duong.

2. The scope of the waters of the port of Binh Duong

Limited by a straight line perpendicular to the left bank of the Dong Nai shipping channel at the boundary between the Binh Duong Port in Binh Duong Province and the Saigon Cement Port in Ho Chi Minh City, running along the bank of the river in Binh Duong Province and the edge of the Dong Nai shipping channel upstream, 150 meters from the Dong Nai Bridge (downstream direction).

3. The boundaries of the waters of the ports specified in Clause 1 and Clause 2 of this Article are determined on the Hydrographic Charts VN4TV002, VN4DN001, VN4SG002, VN4SG003 published by the Southern Marine Safety Assurance Corporation in 2016. The meridians and parallels specified in Point a of Clause 1 of this Article are applied according to the VN-2000 Coordinate System and converted to the corresponding WGS-84 Coordinate System as follows:

Coordinate System

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 transfer zone, quarantine zone, anchorage area, cargo transfer area, and typhoon shelter for vessels entering and leaving sea ports in Dong Nai Province, Binh Duong Province, and other water areas as prescribed.

Article 4. Responsibilities of the Dong Nai Maritime Branch and related maritime branches

1. The Dong Nai Maritime Branch shall be responsible for:

a) Implementing tasks and authorities as prescribed by the Vietnam Maritime Code and relevant laws concerning maritime activities at seaports and waters of seaports within the jurisdiction of Dong Nai Province and Binh Duong Province;

b) Based on actual conditions regarding weather, waves, winds, draft, and tonnage of vessels, designating specific berthing positions for vessels to anchor, transfer cargo, and avoid typhoons in the designated waters, ensuring maritime safety, maritime security, and preventing environmental pollution;

c) Processing procedures for vessels entering and leaving wharves, ports, anchorage areas, and cargo transfer zones in the waters of seaports within Dong Nai Province and Binh Duong Province but must anchor and transfer cargo at the Go Gia cargo transfer zone;

d) Notifying the Vung Tau Maritime Branch of the name, nationality, main technical parameters, and other necessary information of vessels, at least two hours before the vessels enter the pilotage reception area of Vung Tau;

đ) Coordinating with the Vung Tau Maritime Branch to ensure order, maritime safety, maritime security, and prevent environmental pollution for vessels entering and leaving seaports within Dong Nai Province and Binh Duong Province but must receive pilots, undergo quarantine, anchor, and avoid typhoons in the waters of seaports within the jurisdiction of Ba Ria-Vung Tau Province;

e) Coordinating with the Ho Chi Minh City Maritime Branch to ensure order, maritime safety, maritime security, and prevent environmental pollution for vessels entering and leaving wharves and ports on the Dong Nai River, Nha Be River, and Long Tau River within the jurisdiction of Dong Nai Province and Binh Duong Province but must anchor and avoid typhoons in the waters of Ho Chi Minh City seaport;

g) Notifying the Ho Chi Minh City Maritime Branch of the name, nationality, call sign, main technical parameters, and other necessary information of vessels entering and leaving wharves and ports on the Dong Nai River within the jurisdiction of Dong Nai Province and Binh Duong Province, at least two hours before the vessels reach the waters of Ho Chi Minh City seaport; specifically, vessels entering wharves and ports on the Nha Be River and Long Tau River within the jurisdiction of Dong Nai Province must notify at least one hour before entering the wharves and ports; vessels departing wharves and ports on the Nha Be River and Long Tau River within the jurisdiction of Dong Nai Province must notify before departing the wharves and ports;

2. The Vung Tau Maritime Branch shall be responsible for, based on actual conditions regarding weather, waves, drafts, and tonnage of vessels entering and leaving seaports within Dong Nai Province and Binh Duong Province, designating specific positions for vessels to receive pilots, undergo quarantine, anchor, transfer cargo, and avoid typhoons in the waters of seaports within the jurisdiction of Ba Ria-Vung Tau Province, ensuring maritime safety, maritime security, preventing environmental pollution, and notifying the Dong Nai Maritime Branch at least one hour before the vessels reach the pilotage reception area;

3. The Ho Chi Minh City Maritime Branch shall be responsible for, based on actual conditions regarding weather, waves, drafts, and tonnage of vessels entering and leaving wharves and ports on the Dong Nai River, Nha Be River, and Long Tau River within the jurisdiction of Dong Nai Province and Binh Duong Province but must anchor and avoid typhoons in the waters of Ho Chi Minh City seaport, designating specific positions for vessels to anchor and avoid typhoons, and confirming this information to the Dong Nai Maritime Branch within one hour from receiving notification from the Dong Nai Maritime Branch;

4. In cases where incidents involving vessels occur in the waters of seaports managed by a particular maritime branch, that maritime branch shall take the lead in resolving them according to the provisions of the law; if incidents occur at the boundary waters of seaports managed by two maritime branches, the maritime branch where the vessels enter or leave wharves and ports shall take the lead in resolving them;

5. The Maritime Branch of Region III shall be responsible for organizing state management in specialized fields at inland waterway ports and terminals (excluding passenger ferry terminals) on the Dong Nai River from Ong Nieu Creek to the downstream of Dong Nai Bridge, as prescribed by the law;

Article 5. Effective Date

This Circular takes effect from June 15, 2019. The Circular No. 47/2014/TT-BGTVT dated October 10, 2014, issued by the Minister of Transport, announcing the waters of seaports within the jurisdiction of Dong Nai Province and Binh Duong Province and the management area of the Dong Nai Maritime Branch, is hereby repealed;

Article 6. Implementation Organization

The Head of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, Directors of the Vietnam Maritime Administration, Directors of the Vietnam Inland Waterways Administration, Directors of the Department of Transport of Dong Nai Province, Directors of the Department of Transport of Binh Duong Province, Directors of the Department of Transport of Ho Chi Minh City, Directors of the Department of Transport of Ba Ria-Vung Tau Province, Directors of the Dong Nai Maritime Branch, Directors of the Ho Chi Minh City Maritime Branch, Directors of the Vung Tau Maritime Branch, Directors of the Maritime Branch of Region III, Heads of agencies, organizations, and individuals concerned shall be responsible for implementing this Circular./.