Decision No. 2438/2002/QĐ-BGTVT On the waters of seaports within the jurisdiction of Thanh Hoa Province and the area of responsibility of the Thanh Hoa Port Authority

Pursuant to …;

Regarding the waters of the seaports within the jurisdiction of Thanh Hoá Province and

the area of responsibility of the Thanh Hoá Port Authority

__________________

THE MINISTER OF TRANSPORTATION

Pursuant to Article 58 of the Maritime Code of Vietnam 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 Thanh Hoá Province at Official Document No. 1106/UB-CN dated April 16, 2002;

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

Pursuant to …;

Article 1. Now promulgates the waters of the seaports within the jurisdiction of Thanh Hoa Province including:

- The waters before the Lệ Môn wharf, the Nghi Son cement factory port, and the Nghi Son commercial port.

- The waters of the maritime route, anchorage for transshipment, and typhoon shelter areas in the vicinity of the Lệ Môn port, the Nghi Son cement factory port, and the Nghi Son commercial port.

Article 2The scope of the waters of the seaports within the jurisdiction of Thanh Hoa Province is calculated based on the highest tidal water level, within the following limits:

1. Area of the Lệ Môn port:

a. Towards the sea: the waters bounded by straight lines connecting the points with the following coordinates:

A2. 19⁰ 47, 2 N; 105⁰55’,4E

A2. 19⁰ 49, 5 N; 105⁰58’,0E

A3. 19⁰ 49, 5 N; 106⁰00’,0E

A4. 19⁰ 46, 6 N; 106⁰00’,0E

2. Coordinates of the boundary points of the port water areas belonging to the province of Ha Tinh in the Xuan Hai area.. 19⁰ 46, 6 N; 105⁰54’,8E

b. Towards the land: the waters calculated from the limit of two points A1 - A5 specified in Point a Clause 1 of this Article and extending along both banks of the Cái River and Mã River when the highest tidal water level reaches 200 meters downstream of the Hoàng Long Bridge.

2. Area of the Nghi Son Cement Factory Port and the Nghi Son Commercial Port: the waters calculated from the highest tidal water level running along the coast, bounded to the north by the parallel 19⁰22', 2 N and to the south by the parallel 19⁰ 16', 5N; to the east bounded by straight lines connecting the points with the following coordinates:

- B1: 19⁰ 16', 5 N; 105⁰ 53', 2E;

- B2 - So Island: 19⁰ 20', 2 N; 105⁰ 53', 1E;

- B3 - Bang Island: 19⁰ 21', 5 N; 105⁰ 52', 2E;

- B4 - Gold Island: 19⁰ 22', 2 N; 105⁰ 54', 2E;

Article 3. The pilot reception and delivery, quarantine, anchorage, transshipment, and typhoon shelter areas for vessels entering and leaving the seaports within the jurisdiction of Thanh Hoa Province are defined as follows:

1. Pilotage reception and quarantine zones:

a. For the Lệ Môn port: bounded by a circle with a radius of 01 nautical mile, with the center at the position with the coordinates: 19⁰47', 6 N; 105⁰57',8E.

b. For the Nghi Son Cement Factory Port and the Nghi Son Commercial Port: bounded by a circle with a radius of 01 nautical mile, with the center at the position with the coordinates: 19⁰19', 2 N; 105⁰52',2E.

2. Anchorage and typhoon shelter areas:

a. For the Lệ Môn port: at positions designated by the Director of the Thanh Hoa Port Authority based on actual weather, wave, and tide conditions in the area, ensuring maritime safety and preventing environmental pollution.

b. For the Nghi Son Cement Factory Port and the Nghi Son Commercial Port: the waters southwest of Me Island bounded by straight lines connecting the points B2, B3, B4, B5.

Point B5 has the coordinates:

B5 - Dot Island: 19⁰20', 8 N; 105⁰55',8E

3. Outside the waters defined in Clause 1 and Clause 2 of this Article, other anchorage areas shall be determined by the Director of the Thanh Hoa Port Authority after obtaining approval from the Director General of the Vietnam Maritime Administration.

Article 4. The Thanh Hoa Port Authority is responsible for performing tasks and exercising powers as prescribed by the Maritime Code of Vietnam, Decision No. 639/TTg dated August 12, 1997 of the Prime Minister regarding the organization, functions, tasks, and powers of the Port Authorities and other relevant laws concerning maritime activities in the waters of the seaports within the jurisdiction of Thanh Hoa Province.

Article 5. Beyond the scope of the waters of the seaports defined in Articles 2 and 3 of this Decision, the Thanh Hoa Port Authority also has the responsibility to manage the specialized state administration over maritime order and safety in the sea areas within the jurisdiction of Thanh Hoa Province according to the law.

Article 6. This Decision takes effect 15 days after the date of signature and replaces Decision No. 935/QĐ-PCVT dated May 17, 1993 of the Minister of Transport on the promulgation of the waters of the Thanh Hoa port and the area of responsibility of the Thanh Hoa Port Authority and previous regulations inconsistent with this Decision.

Article 7. The Head 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, Director of the Thanh Hoa Department of Transport, Director of the Thanh Hoa Port Authority, heads of agencies, units, and individuals concerned are responsible for implementing this Decision.