Circular No. 23/2019/TT-BGTVT announcing the port waters area under the jurisdiction of Haiphong City and the management area of Haiphong Port Maritime Administration

CIRCULAR

Announcing the port waters area under the jurisdiction of the city of Hai Phong and the management area of the Hai Phong Port Authority

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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 of the Vietnam Maritime Administration;

The Minister of Transport hereby issues this Circular. specialized agency under the People's Committee of the province/city.I hereby announce the port water areaFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract. under the jurisdiction of the city of Hai Phong and the management area of the Hai Phong Port Authority

Article 1. Announcing the maritime area of the seaport within the administrative boundaries of the city of Hai Phong

The Hai Phong Port Water Area is the water area at Hon Dau, Lan Ha Bay, Lach Huyen Channel, Ha Nam Canal, Cai Trap Canal, Bac Dang River, Cam River, and Gia River within the jurisdiction of the city of Hai Phong.

Article 2. Scope of the port water area under the jurisdiction of the city of Hai Phong

The scope of the port water area under the jurisdiction of the city of Hai Phong, measured according to the highest tidal level, is specified as follows:

1. Seaward boundary: delimited by straight lines connecting successively points HP1, HP2, HP3, HP4, HP5, HP6, HP7, HP8, HP9, HP10, HP11, HP12, HP13, and HP14 with the following coordinates:

HP1: 20049'11,0"N, 106048'47,0"E;

HP2: 20033'00,0"N, 106048'47,0"E;

HP3: 20039'59,0"N, 107007'13,0"E;

HP4: 20046'21,0"N, 107007'13,0"E;

HP5: 20046'57,0"N, 107006'58,0"E (western edge of Hang Trai Island);

HP6: 20046'57,0"N, 107006'18,0"E (southwestern edge of Hon Ro Island);

HP7: 20045'59,0"N, 107006'18,0"E (southern edge of Tra Nu Islet);

HP8: 20042'40,0"N, 107005'26,0"E (Co Be);

HP9: 20041'44,0"N, 107004'13,0"E;

HP10: 20042'28,0"N, 107003'48,0"E;

HP11: 20042'23,0"N, 107002'41,0"E (eastern side of Cat Duoi Rong Islet);

HP12: 20041'29,0"N, 107002'50,0"E (eastern edge of Hon Ga);

HP13: 20042'23,0"N, 107001'18,0"E (southwestern edge of Hon Cac Ong);

HP14: 20047'38,0"N, 106055'18,0"E (western edge of Phu Long Beach).

2. Landward boundary: from point HP14 running along the right bank of Lach Huyen Channel to successive points HP15 with coordinates: 20^°49'57,0"N, 106^°54'24,0"E; HP16 with coordinates: 20^°50'08,0"N, 106^°52'27,0"E (right bank edge of Cai Trap Canal near Lach Huyen) and HP17 with coordinates: 20^°49'07,0"N, 106^°50'23,0"E (end of the right bank of Cai Trap Canal, adjacent to Bac Dang River);

From point HP17 running along the right bank of Bac Dang River to point HP18 with coordinates: 20°56'42,0"N, 106°46'24,0"E;

From point HP18 crossing Bac Dang River to point HP19 with coordinates: 20°56'42,0"N, 106°45'57,0"E;

From point HP19 running along the right bank of Gia River to point HP20 with coordinates: 20°57'04,0"N, 106°44'40,0"E;

From point HP20 running along a straight line across Gia River 200 meters downstream from the center of Minh Duc Dam to point HP21 on the left bank of Gia River with coordinates: 20°56'50,0"N, 106°44'40,0"E;

From point HP21 running along the left bank of Gia River, left bank of Bac Dang River to point HP1; From the Dinh Vu Canal running along both banks of Cam River to a straight line across Cam River 200 meters downstream from the base of Kien Bridge.

Article 3. Pilot reception and delivery areas, quarantine zones, anchorage areas, transshipment areas, and storm shelters

1. The Director of the Vietnam Maritime Administration shall organize the announcement of pilot reception and delivery areas, quarantine zones, anchorage areas, transshipment areas, and storm shelters for vessels entering and leaving the Hai Phong Port and other water areas as prescribed.

2. Based on actual conditions, vessels entering and leaving the Hai Phong Port but must anchor and transship part of their cargo before berthing at wharves or terminals within the Hai Phong Port, or transship additional cargo after partially loading at wharves or terminals within the Hai Phong Port in the port water area of Quang Ninh, shall be arranged at the following positions:

a) For vessels carrying non-polluting and non-hazardous goods, anchoring and transferring cargo at positions with coordinates:

HL3-1: 20^°50'24,5"N, 107^°08'02,0"E;

HL3-5: 20^°51'48,0"N, 107^°06'48,5"E;

HL3-6: 20^°51'55,5"N, 107^°06'22,7"E.

Vessels are not permitted to load or unload bulk cargo such as cement, clinker, wood chips, and limestone with dimensions of 4x6 cm or smaller at the aforementioned points HL3-1, HL3-5, and HL3-6.

b) For vessels carrying hazardous and polluting goods, they may anchor and transship at position HN2-13 with coordinates: 20^°56'00,7"N, 107^°16'48,2"E.

The arrangement of vessels entering and leaving the Hai Phong Port but must anchor and transship as stipulated in this clause shall cease upon issuance of a decision by the competent authority.

Article 4. Responsibilities of the Haiphong Maritime Port Office and related parties

1. The Haiphong Maritime Port Office shall be responsible for:

a) Performing tasks and exercising powers in accordance with the provisions of the Vietnam Maritime Code and relevant legal documents regarding maritime activities within the waters of the seaport under the jurisdiction of Haiphong City.

b) Based on actual conditions such as weather, waves, wind, draft, and tonnage of vessels, designating specific positions for vessels to pick up and drop off pilots, undergo quarantine, anchor, transfer cargo, and avoid storms within the seaport waters specified in this Circular, ensuring maritime safety, maritime security, and environmental pollution prevention.

c) Permitting oil-carrying vessels, dangerous goods vessels, and environmentally harmful vessels to anchor and transfer cargo at designated positions in this Circular only after fully meeting the requirements for maritime safety, maritime security, fire prevention, and environmental pollution prevention.

d) Notifying the Quang Ninh Maritime Port Office of the name, nationality, main technical parameters, and other necessary information of vessels, type of cargo, and quantity of cargo to be loaded at the Quang Ninh Seaport anchorage area no later than four hours before the vessel reaches the boundary of the Quang Ninh Seaport waters.

đ) Notifying the Quang Ninh Maritime Port Office of the movement of vessels leaving their storm-avoidance or cargo-transfer positions designated by the Quang Ninh Maritime Port Office no later than two hours before the vessels depart from those positions.

e) Processing procedures for vessels entering and leaving the Haiphong Seaport but avoiding storms and transferring cargo in the Quang Ninh Seaport waters at the positions specified in Clause 2, Article 3 of this Circular.

2. The Quang Ninh Maritime Port Office shall be responsible for:

a) Designating specific positions for vessels to avoid storms and transfer cargo when entering and leaving the Haiphong Seaport but avoiding storms and transferring cargo at the Quang Ninh Seaport at the positions specified in Clause 2, Article 3 of this Circular, and promptly notifying the Haiphong Maritime Port Office.

b) Notifying the Haiphong Maritime Port Office of the name, nationality, main technical parameters, and other necessary information of vessels that must report according to regulations no later than four hours before the vessels reach the pilot station in the Haiphong Seaport area to enter the Quang Ninh Seaport waters at the Quang Yen area.

c) Notifying the Haiphong Maritime Port Office of the name, nationality, main technical parameters, and other necessary information of vessels that must report departure from the port according to regulations no later than two hours before the vessels reach the boundary of the Haiphong Seaport waters when leaving the Quang Ninh Seaport waters at the Quang Yen area.

Article 5. State Management Responsibilities for Maritime Affairs in the Sea Area Under the Jurisdiction of Haiphong City

Outside the water areas specified in Articles 2 and 3 of this Circular, the Haiphong Maritime Port Office shall also be responsible for state management of maritime safety, maritime security, and environmental pollution prevention in the sea area under the jurisdiction of Haiphong City.

Article 6. Effectiveness

1. This Circular takes effect from August 15, 2019. It abolishes Circular No. 31/2010/TT-BGTVT dated October 1, 2010, issued by the Minister of Transport announcing the seaport waters under the jurisdiction of Haiphong City and the management area of the Haiphong Maritime Port Office, and Circular No. 50/2013/TT-BGTVT dated December 6, 2013, issued by the Minister of Transport amending and supplementing Article 2 of Circular No. 31/2010/TT-BGTVT regarding the announcement of the seaport waters under the jurisdiction of Haiphong City and the management area of the Haiphong Maritime Port Office.

2. The boundaries of the seaport waters specified in Article 2 and the points specified in Clause 2, Article 3 of this Circular are determined on Hydrographic Charts VN40001, VN30001, VN30002, VN50004, VN50007, VN50008 of the Northern Marine Safety Assurance Corporation. The coordinates specified in this Circular are applied according to the WGS-84 Coordinate System and converted to the VN-2000 Coordinate System as set out in the Appendix attached to this Circular.

3. Abolish Point a, Clause 2, Article 3, remove the phrase "a and" in Point c, Clause 1, and remove the phrase "a and" in Point d, Clause 2, Article 4 of Circular No. 01/2018/TT-BGTVT dated January 3, 2018, issued by the Minister of Transport announcing the seaport waters under the jurisdiction of Quang Ninh Province and the management area of the Quang Ninh Maritime Port Office.

Article 7. Implementation Organization

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 Waterway Administration, the Director of the Haiphong Department of Transport, the Director of the Quang Ninh Department of Transport, the Director of the Haiphong Maritime Port Office, the Director of the Quang Ninh Maritime Port Office, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular.