Decision No. 17/2008/QĐ-BGTVT Announcing the port area within the jurisdiction of Nam Dinh Province and the management area of Nam Dinh Maritime Branch

Pursuant to …;

Announcing the port area within the jurisdiction of Nam Dinh Province and the management area of Nam Dinh Port Authority

___________________

MINISTER OF TRANSPORT

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

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 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;

Based on the opinions of the People's Committee of Nam Dinh Province at Circular No. 196/UBND-VP3 dated October 3, 2006;

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

DECISION:

Article 1.

1. Now announces the water area of the port within the jurisdiction of Nam Dinh Province, including:

a) The water area before the port bridge of Ha Thinh and Thinh Long wharves;

b) The water area of the port channel, branch port channel, pilot reception area, quarantine area, anchorage area, and storm shelter area as specified in point a of this clause.

2. Other water areas before the port bridge, wharf, anchorage, transshipment area, and storm shelter shall be announced in accordance with the provisions of the law.

Article 2.

The scope of the water area of the port within the jurisdiction of Nam Dinh Province is measured according to the highest tidal level and is defined as follows:

1. Seaward boundary: limited by straight lines connecting the following coordinates:

A1: 19 59’45”N, 106 11’23”E;⁰A2: 19 58’15”N, 106 10’11”E;⁰A3: 19 55’33”N, 106

A4: 19 55’33”N, 106⁰A5: 19⁰13’23”E;

A6: 19⁰11’58”E.⁰13’23”E;

2. Landward boundary: limited from point A1 and A6 running along both banks of the Ninh Co River to the straight line crossing the river at the foot of Chau Thinh Bridge downstream, located in Thinh Long Town, Hai Hau District.⁰11’58”E.⁰The pilot reception area, quarantine area, anchorage area, and storm shelter for vessels entering the port within the jurisdiction of Nam Dinh Province are specifically defined as follows:

1. Pilot reception area and quarantine area: the water area limited by a circle with a radius of 0.4 nautical miles, with the center located at the coordinates:⁰A2: 19 58’15”N, 106 10’11”E;⁰The pilot reception area, quarantine area, anchorage area, and storm shelter for vessels entering the port within the jurisdiction of Nam Dinh Province are specifically defined as follows:

19 56’15”N, 106 12’41”E;⁰A2: 19 58’15”N, 106 10’11”E;⁰2. Anchorage area and storm shelter: the water area limited from the straight line crossing the river at the edge of the Ha Thinh port bridge upstream to the straight line crossing the river at the foot of Chau Thinh Bridge downstream, located in Thinh Long Town, Hai Hau District.

Nam Dinh Port Authority is responsible for:

Article 3.

1. Performing its duties and powers as prescribed by the Vietnam Maritime Code and relevant laws concerning maritime activities in the water area of the port within the jurisdiction of Nam Dinh Province.

2. Based on actual conditions regarding weather, waves, draft, and tonnage of vessels, designating specific positions for vessels to receive pilots, undergo quarantine, anchor, transship, and avoid storms in the water area stipulated in Article 3 of this Decision, ensuring maritime safety, maritime security, and environmental protection.

19⁰Outside the water area stipulated in Articles 2 and 3 of this Decision, Nam Dinh Port Authority also has the responsibility to manage state affairs concerning maritime safety and maritime security in the sea area within the jurisdiction of Nam Dinh Province.⁰This Decision takes effect 15 days after its publication in the Official Gazette and revokes Decision No. 24/2007/QĐ-BGTVT dated May 7, 2007 of the Minister of Transport announcing the water area of the port within the jurisdiction of Nam Dinh Province and the management area of Nam Dinh Port Authority.

The Head of the Ministry’s Office, the Inspector General, the Heads of the Departments under the Ministry, the Directors of the Vietnam Maritime Administration, the Director of the Vietnam Inland Waterway Administration, the Director of the Nam Dinh Department of Transport, the Director of Nam Dinh Port Authority, the Heads of agencies, organizations, and individuals concerned are responsible for implementing this Decision./.

Article 4.

Ho Ngoc Dung

1. Perform the duties and powers as prescribed by the Vietnam Maritime Code and relevant laws concerning maritime activities in the port waters within the jurisdiction of Nam Dinh Province.

2. Based on the actual conditions of weather, waves, wind, draft, and tonnage of vessels, designate specific positions for vessels to pick up and drop off pilots, quarantine, anchor, transfer cargo, and avoid typhoons in the waters specified in Article 3 of this Decision, ensuring maritime safety, maritime security, and environmental protection.

Article 5.

Outside the waters specified in Articles 2 and 3 of this Decision, the Nam Dinh Marine Port Office also has the responsibility to manage state affairs regarding maritime safety and maritime security in the sea area within the jurisdiction of Nam Dinh Province.

Article 6.

This Decision shall take effect fifteen days from the date of publication in the Official Gazette and revoke Decision No. 24/2007/QĐ-BGTVT dated May 7, 2007, issued by the Minister of Transport announcing the port waters within the jurisdiction of Nam Dinh Province and the management area of the Nam Dinh Marine Port Office.

Article 7.

The Director of the Ministry's 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 Waterways Administration, the Director of the Nam Dinh Department of Transport, the Director of the Nam Dinh Marine Port Office, Heads of agencies, organizations, and individuals related to this Decision are responsible for its implementation./.