Circular No. 21/2014/TT-BGTVT announcing the waters of sea ports within the jurisdiction of Khanh Hoa Province, Ninh Thuan Province, and the management area of the Nha Trang Maritime Port Office

CIRCULAR

Announcing the waters of the seaports within the jurisdiction of Khanh Hoa Province, Ninh Thuan Province, and the management area of the Nha Trang Port Authority

area under the management of the Nha Trang Maritime Port Authority

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

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 21/2012/NĐ-CP dated March 21, 2012 of the Government on management of seaports and maritime channels;

Based on the opinions of the People's Committee of Khanh Hoa Province in Circular No. 6015/UBND dated October 22, 2013, and the People's Committee of Ninh Thuan Province in Circular No. 5060/UBND-KT dated October 25, 2013;

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

The Minister of Transport issues this Circular to announce the waters of the seaports within the jurisdiction of Khanh Hoa Province, Ninh Thuan Province, and the management area of the Nha Trang Port Authority.

Article 1. Announcing the waters of the seaports within the jurisdiction of Khanh Hoa Province and Ninh Thuan Province

Now announcing the waters of the seaports within the jurisdiction of Khanh Hoa Province and Ninh Thuan Province, including:

1. Waters of the Khanh Hoa Seaport comprising the following wharfs: Dam Mon, Hon Khoi, Hyundai-Vinashin Shipyard, Van Phong Free Trade Zone Fuel Depot, Ninh Thuy Cement Distribution Station, Nha Trang, Naval Academy, Ba Ngoi, K720 - Military Petroleum General Corporation, Cam Ranh Cement Plant.

2. Waters of the Truong Sa Seaport: Truong Sa Wharf.

3. Waters of the Ca Na Seaport: Ca Na Wharf.

Article 2. Scope of the waters of the seaports within the jurisdiction of Khanh Hoa Province and Ninh Thuan Province

The scope of the waters of the seaports within the jurisdiction of Khanh Hoa Province and Ninh Thuan Province, based on the highest tidal level, is specified as follows:

1. Waters of the Khanh Hoa Seaport:

a) Boundaries in the Van Phong Bay area:

- Boundary towards the sea: delimited by straight lines connecting points in the following order: VP1, VP2, and VP3 with the following coordinates:

VP1: 12°33'44.3"N, 109°25'37.0"E (Ganh Cape - Southern tip of Hon Gom Peninsula);^°33'44,3"N, 109^°25'37,0"E (Cape Gành - southern tip of Hòn Gốm Peninsula);

VP2: 12^°28'02,3"N, 109^°25'37,0"E;

VP3: 12^°24'02,3"N, 109^°20'13,0"E (Cape Bàn Thang).

- Boundary towards the mainland: from point VP1 (Ganh Cape), running along the western coast of Hon Gom Peninsula northward through Co Co Cape, Da Son Cape, and along the coastline to the northernmost point of Ben Goi Cove, then following the coastline of communes in Van Ninh District through Hon Giang Cape, Hon Khoi Cape to point VP3 (Bàn Thang Cape).

b) Boundaries in the Nha Trang Bay area: delimited by straight lines connecting points in the following order: NT1, NT2, NT3, and NT4 with the following coordinates:

NT1: 12°14'11.3"N, 109°15'39.0"E (Ba Co Cape - Northern tip of Hon Tre Island);^°14'11,3"N, 109^°15'39,0"E (Cape Ba Cơ - north of Hòn Tre Island);

NT2: 12^°16'02,3"N, 109^°13'18,0"E;

NT3: 12^°16'02,3"N, 109^°12'43,0"E;

NT4: 12^°12'50,3"N, 109^°12'25,0"E (Trường Tây Ward);

- From point NT4, running along the coastline southward to point NT5 with the following coordinates: 12°09'14.3"N, 109°13'00.0"E.^°09'14,3”N, 109^°13'00,0"E.

From point NT5 to points NT6 and NT7 in the following coordinates:

NT6: 12^°09'14,3"N, 109^°16'27,0"E;

NT7: 12^°11'00,3"N, 109^°16'27,0"E.

- From point NT7, running along the western coast of Hon Tre Island northward, passing through Nam Cape, to Lang Cape and connecting with point NT1.

c) Boundaries in the Cam Ranh Bay area:

- Boundary towards the sea: delimited by straight lines connecting points in the following order: C1, C2, C3, C4, C5, C6, C7, and C8 with the following coordinates:

- Boundary towards the mainland: from point C8, running along the coastline northward through Bai Tien Cape and Sup Cape, then along the coastline of Cam Ranh Bay southward through Ong Dinh Cape, northward to the safety channel of Long Ho Bridge, running along the safety channel to the midpoint of the safety channel of Long Ho Bridge and connecting with point C1.

2. Waters of the Truong Sa Seaport: delimited by closed straight lines connecting points in the following order: TS1, TS2, TS3, TS4, and TS5 with the following coordinates:

TS1: 08°51'02.3"N, 112°10'55.0"E (Da Tay Island);^°51'02,3"N, 112^°10'55,0"E (West Paracel Island);

TS2: 08^°56'08,3"N, 112^°20'49,0"E (East Spratly Island);

TS3: 08^°49'44,3"N, 112^°35'43,0"E (East Paracel Island);

TS4: 07^°52'12,3"N, 112^°54'05,0"E (An Bang Island);

TS5: 08^°40'44,3"N, 111^°40'07,0"E (Lat Island).

3. Waters of the Ca Na Seaport:

a) Boundaries in the Thuong Nam area:

- Boundary towards the sea: delimited by straight lines connecting points in the following order: CN1, CN2, and CN3 with the following coordinates:

CN1: 11^°11°18'26.3"N, 108°54'47.0"E (Sung Trau Cape);^°54'47,0"E (Cape Sừng Trâu);

CN2: 11^°16'47,3"N, 108^°51'53,0"E (Cù Lao Cau Shoal);

CN3: 11^°19'56,3"N, 108^°50'40,0"E (Đá Chụt Mountain);

- Boundary towards the mainland: from point CN3, running along the coastline northward to point CN1.

b) Boundaries in the Phan Rang Bay area:

- Boundary towards the sea: delimited by straight lines connecting points in the following order: PR1, PR2, and PR3 with the following coordinates:

PR1: 11°07'19.0"N, 108°54'47.0"E (Hòn Đỏ Cape);^°33'44,3"N, 109^°07'19,0"E (Cape Hòn Đỏ);

PR2: 11^°29'08,3"N, 109^°05'31,0"E;

PR3: 11^°29'02,3"N, 109^°00'25,0"E.

- Boundary towards the mainland: from point PR1, running along the coastline of Phan Rang Bay southward to point PR3.

4. Boundaries of the waters of the seaports, areas, and waters defined in this Circular are determined on the following nautical charts: IA-100-04 reprinted in 2001, IA-100-19 reprinted in 1995, IA-100-17 reprinted in 1996, IA-25-33 first published in 1980, and IA-25-32 first published in 1982 of the Vietnam Navy. Coordinates of the points specified in this Circular are applied according to the VN-2000 coordinate system and converted to corresponding systems in the attached Appendix.

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 pilot reception and delivery zones, quarantine zones, anchorage areas, cargo transfer zones, and storm shelters for vessels entering the Khanh Hoa, Truong Sa, and Ca Na seaports and other areas and waters within the scope of the seaport waters as stipulated in Article 2 of this Circular.

Article 4. Responsibilities of the Nha Trang Maritime Port Office

1. Perform tasks and exercise powers as prescribed by the Vietnam Maritime Code and relevant laws concerning maritime activities at seaports and waters of seaports within the jurisdiction of Khanh Hoa Province and Ninh Thuan Province.

2. Based on actual conditions regarding weather, waves, winds, draft, tonnage of vessels, and nature of cargo, designate specific positions for vessels to pick up and drop off pilots, undergo quarantine, anchor, transfer cargo, and avoid typhoons in accordance with regulations, ensuring maritime safety, maritime security, and prevention of environmental pollution.

Article 5. State Management Responsibilities for Maritime Affairs in the Sea Area within the Jurisdiction of Khanh Hoa Province and Ninh Thuan Province

Outside the waters of seaports specified in Article 2 of this Circular, the Nha Trang Maritime Port Office shall be responsible for state management of maritime safety, maritime security, and prevention of environmental pollution in the sea area within the jurisdiction of Khanh Hoa Province and Ninh Thuan Province.

Article 6. Effective Date

This Circular takes effect from August 1, 2014. The Decision No. 18/2007/QĐ-BGTVT dated April 4, 2007 of the Minister of Transport on announcing the waters of seaports within the jurisdiction of Khanh Hoa Province and Ninh Thuan Province and the management area of the Nha Trang Maritime Port Office is hereby abolished.

Article 7. Implementation Organization

The Head of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments under the Ministry, Directors of the Vietnam Maritime Administration, Directors of the Vietnam Inland Waterway Administration, Directors of the Department of Transport of Khanh Hoa Province, Directors of the Department of Transport of Ninh Thuan Province, Director of the Nha Trang Maritime Port Office, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular.