Circular No. 26/2016/TT-BGTVT Announcing the Port Waters Area within the Province of Nghe An and under the Management of the Nghe An Maritime Branch

CIRCULAR

Announcing the port waters area within the jurisdiction of Nghe An province and the management area of the Nghe An Maritime Branch

Căn cứ Luật Hàng hải Việt Nam ngày 14 tháng 6 năm 2005;

Pursuant to the Law on Navigation of Vietnam dated June 14, 2005; ly 21 tháng 3 năm 2012 của Chính phủ; 0Pursuant to Decision No. 21/2012/QD-TTg of the Government dated March 21, 2012;

Pursuant to DecreeNo. 107/2012/NĐ-CP dated December 20, 201212 of Chapter"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."nh phủ quPursuant to the detailed provisions of some articles of the Vietnam Maritime Code regarding management of maritime activities;uRights and duties and enterprises, The Minister of Transport hereby promulgates

WHEREAS,ứ Decree No. 21/2012/NĐ-CP012/NĐ-CP datedtoy 1977/UBND-NC ngày 04 tháng 4 năm 2016 của Ủy ban nhân dân tỉnh Nghệ An; 0Pursuant to Decision No. 1977/UBND-NC of the People's Committee of Nghe An Province dated April 4, 2016;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."and reason maritime transport; lOn the basis of

opinions intention y công văn số 76/SGTVT-KH ngày 11 tháng 01 năm 2016 của Sở Giao thông vận tải Hà Tĩnh (được Ủy ban nhân dân tỉnh Hà Tĩnh ủy quyền tại công văn số 6626/UBND-GT1 ngày 31 tháng 12 năm 2015); Pursuant to Circular No. 76/SGTVT-KH of the Department of Transport of Ha Tinh dated January 11, 2016 (authorized by the People's Committee of Ha Tinh Province at Circular No. 6626/UBND-GT1 dated December 31, 2015); in Circular number y công văn số 279/SGTVT-QLVT ngày 21 tháng 01 năm 2016 của Sở Giao thông vận tải Thanh Hóa (được Ủy ban nhân dân tỉnh Thanh Hóa ủy quyền tại công văn số 207/UBND-CN ngày 08 tháng 01 năm 2016);

the Director request of the Director of Legal Department and the Director of Vietnam Maritime Administration;

These regulations apply to organizations and individuals involved in the inspection, supervision, evaluation, and acceptance of quality of public services ensuring maritime safety. vof the Ministry of Transport to issue Circular the announcement of the port waters of Thanh Hoa province Nghe An and the management area of Thanh Hoa Port Maritime Administration Pursuant to Circular No. 279/SGTVT-QLVT of the Department of Transport of Thanh Hoa dated January 21, 2016 (authorized by the People's Committee of Thanh Hoa Province at Circular No. 207/UBND-CN dated January 8, 2016);

Article 1. Announcement of Port Waters within the Administrative Boundaries of Nghe An Province

Announcing the port waters area of Nghe An Port within the jurisdiction of Nghe An province, including:

a) The port waters area of Nghe An Port in Dong Hoi area;

b) The port waters area of Nghe An Port in Cu Lo - Ben Thu area.

Article 2. Scope of port waters within the jurisdiction of Nghe An province

The scope of the port waters of Nghe An Ports within the jurisdiction of Nghe An province is defined according to the highest tidal level as follows:

1. The scope of the port waters of Nghe An Port in Dong Hoi area:

a) Seaward boundary: delimited by straight lines connecting points DH1 to DH4, with coordinates as follows:

DH1: 19°17'17"N, 105°48'10"E;

DH2: 19°15'39"N, 105°53'22"E;

DH3: 19°12'21"N, 105°53'22"E;

DH4: 19°12'21"N, 105°44'16"E.

b) Landward boundary: from point DH1 running along the coast of Quynh Lap commune towards the south, continuing through a straight line connecting two points HM1 with coordinates: 19°13'32"N, 105°45'37"E and HM2 with coordinates: 19°13'58"N, 105°45'30"E (Hoang Mai River mouth), running along the coast of Quynh Phuong commune to point DH4.

2. The scope of the port waters of Nghe An Port in Cu Lo - Ben Thu area:

a) Seaward boundary: delimited by straight lines connecting points NA1 to NA5, with coordinates as follows:

NA1: 18°52'29"N, 105°41'40"E;

NA2: 18°52'29"N, 105°50'10"E;

NA3: 18°46'15"N, 105°50'10"E;

NA4: 18°46'15"N, 105°46'34"E; (southern bank of Cu Hai Channel)

NA5: 18°45'56"N, 105°45'28"E. (northern bank of Cu Hai Channel)

b) Landward boundary in the Cam River area: from point NA1 running along the coast towards the south to the Cam River, following the right bank of the Cam River (from the sea inward), running downstream of the Nghi Quang Dam to the left bank of the river (from the sea inward), continuing towards the sea, passing through Cu Lo Port, running along the coast of Cu Lo City to point NA5.

c) Landward boundary in the Lam River area: from points NA4 and NA5 running along both banks of the Lam River to a straight line crossing the river 200 meters upstream from Ben Thu Wharf Bridge.

3. The boundaries of the port waters specified in Clause 1 and Clause 2 of this Article are determined on Chart IA-100-06, first edition 2009, of the Vietnam Navy. Coordinates of the points specified in this Circular are applied according to the VN-2000 Coordinate System and converted to the WGS-84 Coordinate System as follows:

Article 3. Pilot reception and delivery zones, quarantine zones, anchorage areas, cargo transfer areas, storm shelters, water areas, and other related water zones

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

Article 4. Responsibilities of the Quang Vu Ha Hai Nghe An and related agencies

1. Quang Vu Ha Hai Nghe An:

a) Perform tasks and powers as prescribed by the Vietnam Maritime Code and relevant laws concerning maritime activities within the waters of the coastal port area under the jurisdiction of Nghe An province, except for the provisions set forth in Clause 3 of this Article.

b) Based on actual conditions regarding meteorological and hydrological conditions, draft depth, tonnage of vessels, and nature of cargo, designate specific positions for vessels to pick up and drop off pilots, quarantine, anchor, transfer cargo, and avoid typhoons in accordance with regulations, ensuring maritime safety, maritime security, and environmental pollution prevention.

2. Coordination management responsibilities between Quang Vu Ha Hai Nghe An and Quang Vu Ha Hai Ha Tinh for the coastal port waters of Nghe An on the Lam River in the Cu Lo - Ben Thuy area:

a) Quang Vu Ha Hai Nghe An:

Take the lead and coordinate with Quang Vu Ha Hai Ha Tinh, related agencies, and organizations to manage maritime activities within the waters specified in Point c, Clause 2, Article 2 of this Circular (excluding bridges, ports, water areas, zones, pre-bridge port zones, and other facilities planned, established, invested in, and announced within the jurisdiction of Ha Tinh province) to ensure maritime safety, maritime security, and environmental pollution prevention.

Any incidents arising from vessels entering or leaving ports managed by which Quang Vu Ha Hai shall be primarily resolved according to the law by that Quang Vu Ha Hai.

b) Quang Vu Ha Hai Ha Tinh:

Perform tasks and powers as prescribed by the Vietnam Maritime Code and relevant laws concerning maritime activities at bridges, ports, water areas, zones, pre-bridge port zones, and other facilities planned, established, invested in, and announced within the jurisdiction of Ha Tinh province within the waters specified in Point c, Clause 2, Article 2 of this Circular.

For vessels entering or leaving bridges, ports, water areas, zones managed by Quang Vu Ha Hai Ha Tinh but must pick up or drop off pilots, quarantine, anchor, or avoid typhoons in water areas or zones managed by Quang Vu Ha Hai Nghe An, Quang Vu Ha Hai Ha Tinh must notify Quang Vu Ha Hai Nghe An at least three hours before the vessel arrives or departs, providing relevant information for joint management in accordance with the law.

3. Vietnam Inland Waterways Administration:

Organize management, ensure safety, security, and prevent environmental pollution on the Lan Chau - Hon Nu inland waterway route in accordance with the law.

Article 5. State Management Responsibilities for Maritime Affairs in the Sea Area Under the Jurisdiction of Nghe An Province

Outside the coastal port waters specified in Articles 2 and 3 of this Circular, Quang Vu Ha Hai Nghe An is responsible for state management of maritime safety, maritime security, and environmental pollution prevention in the sea area under the jurisdiction of Nghe An province.

Article 6. Effectiveness

This Circular takes effect from January 1, 2017.

2. Repeal Decision No. 22/2007/QD-BGTVT dated April 17, 2007 of the Minister of Transport on announcing the coastal port waters under the jurisdiction of Nghe An province and the management area of Quang Vu Ha Hai Nghe An.

3. Repeal Clause 2 of Article 2 and Clause 2 of Article 4 of Circular No. 49/2013/TT-BGTVT dated December 6, 2013 of the Minister of Transport on announcing the coastal port waters under the jurisdiction of Ha Tinh province and the management area of Quang Vu Ha Hai Ha Tinh.

Article 7. Implementation Organization

The Head of the Ministry's Office, the Inspector General, Heads of Departments, Directors of the Vietnam Maritime Administration, Directors of the Vietnam Inland Waterways Administration, Directors of the Department of Transport of Nghe An province, Directors of the Department of Transport of Ha Tinh province, Directors of the Department of Transport of Thanh Hoa province, Directors of Quang Vu Ha Hai Nghe An, Directors of Quang Vu Ha Hai Ha Tinh, Directors of Quang Vu Ha Hai Thanh Hoa, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.