Decision No. 2437/2002/QĐ-BGTVT On the waters of sea ports within the jurisdiction of Ha Tinh Province and the responsibility area of Ha Tinh Port Authority

Pursuant to …;

Regarding the waters of the coastal ports within the jurisdiction of Ha Tinh Province

and the area of responsibility of the Ha Tinh Port Authority

_____________________

THE MINISTER OF TRANSPORTATION

Pursuant to Article 58 of the Vietnam Maritime Code dated June 30, 1990;

Now hereby promulgates with this Decision the "Regulations on Responsibilities and Forms of Handling for Organizations and Individuals when Violating Management and Operation of Road Traffic Load Control Stations for Motor Vehicles."

Pursuant to the opinion of the People's Committee of Ha Tinh Province at Circular No. 570/UB-CN dated April 29, 2002;

Considering the proposal of the Director of the Legal Affairs and Transport Department and the Director General of the Vietnam Maritime Administration,

Pursuant to …;

Article 1Now hereby announce the waters of the coastal ports within the jurisdiction of Ha Tinh Province including:

- The waters before the Vung Ang port wharf and the Xuan Hai port;

- The waters of the maritime shipping routes, anchorage areas, transshipment areas, and typhoon shelters in the Vung Ang port and Xuan Hai port area.

Article 2. The scope of the waters of the coastal ports within the jurisdiction of Ha Tinh Province is measured according to the highest tidal water level, within the following limits:

1. Vung Ang port area:

a. West, North, and East sides: the scope of the waters is limited by straight lines connecting points with the following coordinates:

A1. On shore: 18⁰06^'30^''N; 106⁰22^'30^''E

A2. At sea: 18⁰08^'30^''N; 106⁰22^'30^''E

A3. At sea: 18⁰08^'30^''N; 106⁰27^'30^''E

A4. At sea: 18⁰05^'00^''N; 106⁰27^'30^''E

A5. On shore: 18⁰05^'00^''N; 106⁰22^'24^''E

b. Along the mainland shore: from point A1 running along the shoreline at the highest tidal water level to point A5.

2. Xuan Hai port area:

a. Shared waters with the Ben Thuy port: the waters of the maritime shipping route on the Lam River from buoy number "0" Cuu Hoi to the Xuan Hai port, Ben Thuy port, and the anchorage, transshipment, and typhoon shelter areas near Hon Nu Island.

b. Xuan Hai port waters: the waters on the Lam River bounded by two straight lines intersecting the river at points 1,000 meters upstream and 2,000 meters downstream from the edge of the Xuan Hai port wharf.

Article 3. The areas for pilotage, quarantine, anchoring, transshipment, and typhoon shelters for vessels entering the coastal ports within the jurisdiction of Ha Tinh Province are defined as follows:

1. Pilotage reception and quarantine zones:

a. For the Vung Ang port: the waters are limited by a circle with a radius of 01 nautical mile with the center having the coordinates 18⁰08^'00^''N; 106⁰23^'30^''E.

b. For the Xuan Hai port: the waters are limited by a circle with a radius of 01 nautical mile with the center having the coordinates 18⁰47^'12^''N; 105⁰47^'00^''E.

2. Anchorage, transshipment, and typhoon shelter areas:

a. For the Vung Ang port: determined by the Ha Tinh Port Authority based on actual weather, wave conditions, and tidal levels in the area.

b. For the Xuan Hai port: in positions near Hon Nu Island within the shared waters with the Ben Thuy port.

Article 4.

1. The Ha Tinh Port Authority has the responsibility to perform its duties and powers as prescribed by the Vietnam Maritime Code and related laws for all maritime activities within the waters of the Xuan Hai port and Vung Ang port.

2. As for the shared waters with the Ben Thuy port, the Ha Tinh Port Authority shall coordinate with the Nghe An Port Authority to manage maritime activities according to the following principles:

a. The Ha Tinh Port Authority is responsible for coordinating with the Nghe An Port Authority to implement management to ensure maritime order and safety within the shared waters of the shipping route from buoy number "0" Cuu Hoi to the Xuan Hai port and Ben Thuy port. Any incidents arising concerning vessels entering or leaving the port or operating in that port will be primarily handled by the respective port authority according to the law.

b. In cases where vessels enter or leave the Xuan Hai port, the Ha Tinh Port Authority must notify the Nghe An Port Authority at least 02 hours in advance to mobilize vessels to ensure maritime order and safety in the shared waters with the Ben Thuy port.

c. In cases where vessels arrive at the Xuan Hai port but need to anchor, load/unload cargo, transship, or seek typhoon shelter in the Hon Nu Island area, the Ha Tinh Port Authority must notify the Nghe An Port Authority at least 03 hours in advance of relevant information to coordinate management according to the law.

d. In cases where vessels arrive at the Xuan Hai port but then proceed to the Ben Thuy port or Cu Loi port or vice versa, the port authority where the vessel first arrives handles the entry procedures; the port authority where the vessel departs handles the exit procedures according to current regulations.

e. For other activities related to maritime order and safety as well as vessel operations in the shared waters with the Ben Thuy port, except for the activities of vessels specified in point a and point b of Clause 2 of this Article, they are managed by the Nghe An Port Authority according to the law.

Article 5. Outside the waters of the Xuan Hai port and Vung Ang port as stipulated in Articles 2, 3, and 4 of this Decision, the Ha Tinh Port Authority also has the responsibility to manage state administration regarding maritime order and safety in the sea areas within the jurisdiction of Ha Tinh Province according to the law.

Article 6. THIS DECISION SHALL TAKE EFFECT 15 DAYS FROM THE DATE OF SIGNATURE.

Repeal the provisions about the Xuan Hai port in Decision No. 1330/QĐ-PCVT dated July 3, 1993 of the Minister of Transport on the waters of the Nghe Tinh port under the responsibility of the Nghe An Port Authority, and any previous provisions inconsistent with this Decision.

Article 7. The Heads of the Ministry's Office, Directors of Departments under the Ministry, Director General of the Vietnam Maritime Administration, Director General of the Vietnam Inland Waterway Administration, Directors of the Ha Tinh Department of Transport, Directors of the Nghe An Department of Transport, Directors of the Ha Tinh Port Authority, Directors of the Nghe An Port Authority, Heads of agencies, units, and individuals concerned are responsible for implementing this Decision.