Decision No. 22/2007/QĐ-BGTVT on announcing the maritime port waters within the jurisdiction of Nghệ An Province and the management area of the Nghệ An Maritime Port Office.

DECISION

Announcing the port waters within the jurisdiction of Nghe An Provinceand the area under the management of the Nghe An Port Office

maritime Nghe An

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MINISTER OF TRANSPORT

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

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 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 Nghe An Province at Circular No. 6441/UBND.CN dated November 8, 2006;

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

DECISION:

Article 1

1. Now announcing the port waters within the jurisdiction of Nghe An Province, including:

a) The water area before the wharves of Cua Lo Port, Ben Thuy Wharf, Nghi Huong Fuel Wharf, Hung Hoa Fuel Wharf, and the anchorage and transshipment area of Hon Nu Island.

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

2. Other water areas before wharves, anchorages, transshipment areas, and typhoon shelters shall be announced in accordance with the provisions of the law.

Article 2. The scope of the port waters within the jurisdiction of Nghe An Province is measured from the highest tide level and is defined as follows:

1. Seaward boundary: Limited by straight lines connecting points NA1, NA2, NA3, and NA4, with the following coordinates:

NA1: 18⁰ 50' 00" N, 105⁰43' 00" E;

NA2: 18⁰ 50' 00" N, 105⁰ 47' 00" N, 105

47' 00" E;⁰ NA3: 18⁰ 48' 00" N, 105

48' 00" E;⁰ NA4: 18⁰ 45' 06" N, 105

46' 06" E.

2. Landward boundary: From point NA1 running along the southern side of the mountain range of Nghi Thiet Commune, Nghi Loc District, to the straight line crossing the creek 20 meters upstream from the Cua Lo Wharf, through the wharf of Cua Lo Port, to the northernmost point of the coast of Cu Loi Town, along the coast of Cu Loi Town to the northern bank of Cu Hai Pass.

3. Ben Thuy Wharf area on the Lam River:

a) Common water area with Ben Hai and Xuan Pho Wharfs: Limited from the northern bank of Cu Hai Pass and point NA4 running along both banks of the river to the straight line crossing the river 1000 meters downstream from the Ben Hai Wharf.

Article 3. b) Ben Thuy Wharf water area: From the straight line crossing the river 2000 meters upstream from the Ben Hai Wharf running along both banks of the river to the straight line crossing the river 200 meters downstream from the Ben Thuy Bridge.

Pilot reception area, quarantine area, anchorage, transshipment area, and typhoon shelter for vessels entering the port waters within the jurisdiction of Nghe An Province are defined as follows:

1. Pilot reception area and quarantine area:

18⁰ a) For Ben Thuy Wharf, Nghi Huong Fuel Wharf, Hung Hoa Fuel Wharf, and Hon Nu Anchorage and Transshipment Area: The water area limited by a circle with a radius of 01 nautical mile, with the center located at the following coordinates:⁰ 47' 00" N, 105

47' 12" N, 105

18⁰ b) For Cua Lo Port and Hon Nu Anchorage and Transshipment Area: The water area limited by a circle with a radius of 01 nautical mile, with the center located at the following coordinates:⁰ 48' 30" N, 105

45' 12" E.

Article 4

2. Anchorage, transshipment area, and typhoon shelter: Within the water area specified in Article 2 of this Decision.

1. The Nghe An Maritime Port Office is responsible for:

a) Implementing its duties and powers as prescribed by the Vietnam Maritime Code and related laws concerning maritime activities in the water area of Cua Lo Port, Ben Thuy Wharf, Nghi Huong Fuel Wharf, Hung Hoa Fuel Wharf, and Hon Nu Anchorage and Transshipment Area.

b) Based on the actual conditions of weather, waves, draft, and tonnage of vessels, designating specific positions for vessels to receive pilots, undergo quarantine, anchor, transship, and avoid typhoons in the water area specified in Article 3 of this Decision, ensuring maritime safety, maritime security, and prevention of environmental pollution.

2. Responsibilities for joint management in common water areas:

a) Matters arising from vessels entering, leaving, or operating at which wharf shall be primarily handled by the local port office according to the law.

b) The Nghe An Maritime Port Office is responsible for:

- Ensuring maritime safety, maritime security, and preventing environmental pollution within the common water area specified in point a, Clause 3, Article 2 of this Decision.

- Arranging plans to dispatch vessels to ensure order and maritime safety in the port channel water area from Cu Hai Pass to Ben Thuy Wharf, Hung Hoa Fuel Wharf, and Hon Nu Anchorage and Transshipment Area for vessels entering or leaving Xuan Hai and Xuan Pho Wharfs or anchoring at Hon Nu Anchorage and Transshipment Area after being notified by the Ha Tinh Maritime Port Office. The notification time for vessels to anchor at Hon Nu Anchorage and Transshipment Area must be at least two hours before they reach "Buoy No. 0".

Article 5. - Notifying the Ha Tinh Maritime Port Office about vessels entering or leaving Ben Thuy Wharf and Hung Hoa Fuel Wharf at least two hours before they enter the water area of Xuan Hai and Xuan Pho Wharfs to coordinate management and ensure maritime order and safety.

Article 6. Outside the water areas specified in Articles 2 and 3 of this Decision, the Nghe An Maritime Port Office also has the responsibility to manage state affairs regarding maritime safety and maritime security in the sea area within the jurisdiction of Nghe An Province.

Article 7. This Decision takes effect 15 days after publication in the Official Gazette and revokes Decision No. 3171/2002/QĐ-BGTVT dated October 3, 2002 of the Minister of Transport on the water areas of ports within the jurisdiction of Nghe An Province and the responsibility area of the Nghe An Port Office.