Circular No. 18/2020/TT-BGTVT on the announcement of the waters of the seaports within the jurisdiction of Ho Chi Minh City, Long An Province, Tien Giang Province, and the management area of the Ho Chi Minh City Maritime Branch

CIRCULAR

Announcing the port water area within the jurisdiction of Ho Chi Minh City, Long An Province, and Tien Giang Province, and the management area of the Ho Chi Minh City Maritime Port Office. the provinces of Long An and Tien Giang and the area under the management of the Ho Chi Minh City 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;

The Minister of Transport issues this Circular to announce the port water area within the jurisdiction of Ho Chi Minh City, Long An Province, and Tien Giang Province, and the management area of the Ho Chi Minh City Maritime Port Office.

The port water area within the jurisdiction of Ho Chi Minh City, Long An Province, and Tien Giang Province includes the following areas:

1. The port water area of Ho Chi Minh City at the Ganh Rai Bay area.

3. The port water area of Ho Chi Minh City on the Nghe Bai River, Long Tau River, Nha Be River, Du River, Tac Dinh Cau River, and Tac Roi Creek.

4. The port water area of Ho Chi Minh City on the Dong Tran River, Go Gia River, Tac Ong Cu River, Tac Bai River, and Tac Cu River.

5. The port water area of Ho Chi Minh City on the Dong Nai River.

6. The port water area of Ho Chi Minh City on the Sai Gon River.

7. The port water area of Ho Chi Minh City - Long An - Tien Giang on the Soai Rap River.

Article 2. Scope of the port water area within the jurisdiction of Ho Chi Minh City, Long An Province, and Tien Giang Province.

The scope of the port water area within the jurisdiction of Ho Chi Minh City, Long An Province, and Tien Giang Province is defined according to the highest tidal level as follows:

1. The scope of the port water area of Ho Chi Minh City at the Ganh Rai Bay area is limited as follows:

From the meridian 106°58'12" E (the boundary with the port water area of provinces of Ba Ria - Vung Tau), running along the coast of Can Gio District and the bank of Phu Loi Island to the two farthest points of the Nghe Bai River mouth.

The straight lines connecting the following points in sequence: HCM1, HCM2, HCM3, HCM4, and HCM5 with the following coordinates:

HCM1: 10°25’10” N, 106°58’12” E (Cang Gio Cape);

HCM2: 10°24’00” N, 107°00’00” E;

HCM3: 10°15'00" N, 107°00'00" E;

HCM4: 10°15'00" N, 106°49'30" E;

HCM5: 10°16’07” N, 106°45’20” E.

3. The scope of the port water area of Ho Chi Minh City on the Nghe Bai River, Long Tau River, Nha Be River, Du River, Tac Dinh Cau River, and Tac Roi Creek is limited as follows:

a) From the two farthest points of the Nghe Bai River mouth, running along both banks of the Nghe Bai River, Long Tau River, and Nha Be River to the Red Light Cape. Excluding the port water area of Dong Nai on the Nha Be River and Long Tau River managed by the Dong Nai Maritime Port Office, which is limited by a line perpendicular to the right side of the navigation channel of the Long Tau River at the farthest point of the left bank of the intersection of the Dong Tran River and Long Tau River, running along the bank of the river belonging to Dong Nai Province and the edge of the navigation channel of the Long Tau River - Nha Be River upstream from the 186 fuel depot by 200 meters (upstream direction).

b) From the two farthest points of the Du River mouth (at the intersection of the Du River and Nghe Bai River) running along both banks of the Du River to the intersection of the Du River and Tac Dinh Cau River, running along both banks of Tac Dinh Cau River, and Tac Roi Creek (from the intersection of Tac Dinh Cau River and Tac Roi Creek to the intersection of Tac Roi Creek and Long Tau River).

4. The scope of the port water area of Ho Chi Minh City on the Dong Tran River, Go Gia River, Tac Ong Cu River, Tac Bai River, and Tac Cu River is limited as follows:

From the two farthest points of the Go Gia River mouth (at the intersection of the Go Gia River, Cai Me River, and Thi Vai River) running along both banks of the Go Gia River to the upper limit boundary at the latitude 10°35'00" N (at the intersection of the Go Gia River, Ba Giỏi River, and Tac Cu River) and running along both banks of the Tac Ong Cu River, Tac Bai River, and Tac Cu River to the intersection of the Tac Ong Cu River and Dong Tran River and the entire Dong Tran River.

From the intersection of the Dong Nai River, Nha Be River, and Sai Gon River (Red Light Cape) running along both banks of the Dong Nai River to the line intersecting the intersection of the Dong Nai River from the two farthest points of Tac Thay Bai (Ong Com Island) and Long Truong Commune. The boundary between the Dong Nai River and the Sau River is a line intersecting the Sau River determined by the line connecting two points with the following coordinates (HCM6: 10°46’06.69” N, 106°48’22.52” E and HCM7: 10°45’46.53” N, 106°48’22.11” E)._).

6. The scope of the port water area of Ho Chi Minh City on the Sai Gon River is limited as follows:

From the intersection of the Sai Gon River, Nha Be River, and Dong Nai River (Red Light Cape) running along both banks of the Sai Gon River to the line intersecting the river at the edge of Ben Nghé Creek downstream.

From the Soai Rap River mouth area and point HCM5 specified in Clause 2 of this Article, running along both banks of the Soai Rap River to the intersection of the Soai Rap River and Nha Be River (Binh Khanh Intersection).

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

The Director of the Vietnam Maritime Administration shall organize the announcement of pilot reception areas, quarantine zones, anchorage areas, cargo transfer areas, and storm shelters for vessels entering and leaving seaports within the jurisdiction of Ho Chi Minh City, Long An Province, Tien Giang Province, and other relevant water areas as prescribed.

Article 4. Responsibilities of the Ho Chi Minh City Marine Port Supervision Authority and related port supervision authorities

1. The Ho Chi Minh City Marine Port Supervision Authority shall be responsible for:

a) Implementing tasks and powers as stipulated in the Vietnam Maritime Code and related legal documents concerning maritime activities at wharfs and waters of seaports within the jurisdiction of Ho Chi Minh City, Long An Province, and Tien Giang Province.

b) Based on actual conditions regarding meteorological and hydrological conditions, draft depth, and vessel load capacity, nature of cargo, designate specific positions for vessels to receive and deliver pilots, undergo quarantine, anchor, transfer cargo, and avoid storms in accordance with regulations, ensuring maritime safety, maritime security, and prevention of environmental pollution.

c) Processing procedures for vessels entering and leaving wharfs and waters of seaports within the jurisdiction of Ho Chi Minh City, Long An Province, and Tien Giang Province.

d) Inform the Vung Tau Marine Port Supervision Authority about the name, nationality, call sign, main technical specifications, and other necessary information of vessels, at least two hours before the vessels arrive at the Vung Tau pilot reception area; the movement of vessels from positions designated by the Vung Tau Marine Port Supervision Authority to enter the waters of Ho Chi Minh City seaport must be informed at least one hour before the vessels leave their positions.

đ) Cooperate with the Vung Tau Marine Port Supervision Authority to ensure maritime order, maritime safety, maritime security, and prevention of environmental pollution for vessels entering and leaving seaports within the jurisdiction of Ho Chi Minh City, Long An Province, and Tien Giang Province but which must receive and deliver pilots, undergo quarantine, anchor, and avoid storms in the waters of seaports within the jurisdiction of Ba Ria-Vung Tau Province.

2. The Vung Tau Marine Port Supervision Authority shall be responsible for designating specific positions for vessels to receive and deliver pilots, undergo quarantine, anchor, transfer cargo, and avoid storms in the waters of seaports within the jurisdiction of Ba Ria-Vung Tau Province based on actual conditions regarding weather, waves, draft depth, and vessel load capacity when entering and leaving seaports within the jurisdiction of Ho Chi Minh City, Long An Province, and Tien Giang Province, ensuring maritime safety, maritime security, and prevention of environmental pollution, and informing the Ho Chi Minh City Marine Port Supervision Authority at least one hour before the vessels arrive at the pilot reception area.

a) Informing the Ho Chi Minh City Marine Port Supervision Authority about the name, nationality, call sign, main technical specifications, and other necessary information of vessels entering and leaving wharfs and berths with routes passing through the waters of seaports within the jurisdiction of Ho Chi Minh City, Long An Province, and Tien Giang Province, at least two hours before the vessels arrive at the waters of seaports within the jurisdiction of Ho Chi Minh City, Long An Province, and Tien Giang Province. For vessels leaving wharfs and berths on Nha Be River and Long Tau River within the jurisdiction of Dong Nai Province, they must be informed before the vessels leave the wharfs and berths.

b) Cooperating with the Ho Chi Minh City Marine Port Supervision Authority to ensure maritime order, maritime safety, maritime security, and prevention of environmental pollution for vessels entering and leaving wharfs and berths on Dong Nai River, Nha Be River, and Long Tau River within the jurisdiction of Dong Nai Province and Binh Duong Province but which must anchor and avoid storms in the waters of seaports within the jurisdiction of Ho Chi Minh City, Long An Province, and Tien Giang Province.

4. In cases where incidents involving vessels occur in the waters of seaports managed by which marine port supervision authority, that marine port supervision authority shall take the lead in resolving them according to the law. If incidents occur at the boundary waters of seaports managed by two marine port supervision authorities, the marine port supervision authority where the vessels enter and leave the wharfs and berths shall take the lead in resolving them.

Article 5. Effective Date

1. This Circular takes effect from October 1, 2020.

2. Repeal Circular No. 02/2015/TT-BGTVT dated February 25, 2015, of the Minister of Transport announcing the waters of Ho Chi Minh City seaport and the management area of the Ho Chi Minh City Marine Port Supervision Authority.

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 Waterway Administration, 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 Department of Transport of Dong Nai Province, Directors of the Department of Transport of Binh Duong Province, Directors of the Department of Transport of Long An Province, Directors of the Department of Transport of Tien Giang Province, Directors of the Ho Chi Minh City Marine Port Supervision Authority, Directors of the Vung Tau Marine Port Supervision Authority, Directors of the Dong Nai Marine Port Supervision Authority, Directors of the Dong Thap Marine Port Supervision Authority, Heads of agencies, organizations, and individuals concerned shall be responsible for implementing this Circular.

ANNEX

CONVERSION OF COORDINATE SYSTEMS FOR LOCATIONS

(Pursuant to Circular No. /2020/TT-BGTVT dated / / 2020 of the Minister of Transport) of the Ministry of Transport)