Circular No. 25/2015/TT-BGTVT announcing the waters of the seaport within the jurisdiction of Da Nang City and the management area of the Da Nang Maritime Port Office

CIRCULAR

Announcing the port waters within the jurisdiction of Da Nang City

and the management area of Da Nang Port Maritime Administration

____________________

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 Da Nang City in Circular No. 233/UBND-QLĐTh dated January 12, 2015;

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 port waters within the jurisdiction of Da Nang City and the management area of Da Nang Port Maritime Administration.

Article 1. Announcement of the port waters within the territory of Da Nang City

The port waters of Da Nang City within its jurisdiction include the following areas:

1. Port waters of Da Nang at the Danang Bay area.

2. Port waters of Da Nang at the Han River area.

3. Port waters of Da Nang at the My Khe area.

Article 2. Scope of the port waters within the territory of Da Nang City

The scope of the port waters of Da Nang City within the territory of Da Nang City, measured according to the highest tidal water level, is specified as follows:

1. The scope of the port waters of Da Nang City in the Da Nang Bay area:

a) Seaward boundary: limited by the straight line connecting two points DN1 and DN2 with the following coordinates:

DN1: 16°12’38”N, 108°12’19”E (southern shore edge of Son Tra Island);

DN2: 16°09’26”N, 108°14’49”E (western shore edge of Son Tra Peninsula).

Landward boundary: from point DN2 running along the coast of Danang Bay towards the west of Son Tra Peninsula, passing through the Han River estuary, continuing along the coast towards the west of Danang Bay, passing through Nam O Cape and Isabelle Cape, heading north to Danang Bay until point DN3 with coordinates 16°12’38”N, 108°11’33”E (eastern shore edge of Hai Van Pass, bordering Thua Thien Hue Province); from point DN3 connecting straight to point DN4 with coordinates 16°12’48”N, 108°11’49”E (western shore edge of Son Tra Island) and running along the southern shore of Son Tra Island, ending at point DN1.

2. Scope of the port waters of Da Nang at the Han River area:

The boundaries are determined starting from the two extremities of the Han River estuary (adjacent to the Danang Bay waters), running along both banks of the Han River upstream to the lower limit safety zone boundary of the Han River Swing Bridge.

3. Scope of the port waters of Da Nang at the My Khe area:

a) Seaward boundary: limited by straight lines connecting points MK1, MK2, and MK3 with the following coordinates:

MK1: 16°03’10”N; 108°14’47”E;

MK2: 16°03’10”N; 108°18’07”E;

MK3: 16°05’55”N; 108°18’07”E.

b) Landward boundary: limited by the waterline along the southeastern shore of Son Tra Peninsula, starting from point MK3, ending at point MK1.

4. The boundaries of the port waters defined in this Article are determined on Chart No. 3884 published in 1999 by the United Kingdom Hydrographic Office. Coordinates of the points specified in this Article apply according to the VN-2000 coordinate system and are converted to the corresponding system as follows:

a) Da Nang Bay area:

b) My Khe area:

The Director of the Vietnam Maritime Administration shall organize the announcement of pilot reception areas, quarantine zones, anchorage areas, cargo transfer zones, and storm shelters for vessels entering and leaving the Thai Binh seaport, Nam Dinh seaport, and other related water areas as prescribed.

The Director of the Vietnam Maritime Administration shall organize the announcement of pilot pick-up and drop-off zones, quarantine zones, anchorage areas, transshipment areas, and storm shelters for vessels entering and leaving the Da Nang port and other designated waters and areas as prescribed.

Article 4. Responsibilities of the Da Nang Port Maritime Administration

1. Implement tasks and powers as stipulated by the Vietnam Maritime Code and related legal regulations concerning maritime activities at the port and port waters within the jurisdiction of Da Nang City.

2. Based on actual conditions regarding weather, waves, tide levels, vessel load capacity, and cargo characteristics, designate specific locations for vessels to pick up and drop off pilots, undergo quarantine, anchor, transship, and seek shelter from storms within the prescribed waters, ensuring maritime safety, maritime security, and environmental pollution prevention.

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

Outside the scope of waters defined in Article 2 of this Circular, the Da Nang Port Maritime Administration is responsible for state management of maritime safety, maritime security, and environmental pollution prevention in the sea areas within the jurisdiction of Da Nang City.

Article 6. Effectiveness

This Circular takes effect from September 1, 2015. Circular No. 52/2011/TT-BGTVT dated October 24, 2011 of the Minister of Transport on announcing the port waters within the jurisdiction of Da Nang City and the management area of Da Nang Port Maritime Administration is hereby repealed.

Article 7. Implementation Organization

The Head of the Ministry’s Office, the Inspector General of the Ministry, Heads of Departments, Directors of the Vietnam Maritime Administration, Directors of the Vietnam Inland Waterways Administration, Directors of the Da Nang Department of Transport, Directors of the Da Nang Port Maritime Administration, Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.