Decision No. 31/2007/QĐ-BGTVT on announcing the port waters within the jurisdiction of Cà Mau Province and the management area of the Cà Mau Maritime Port Office

DECISION OF THE MINISTER OF TRANSPORTATION

On announcing the waters of the marine port within the jurisdiction of Ca Mau province

and the area under the management of the Ca Mau Marine Port Office

MINISTER OF TRANSPORT

Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transportation;

Pursuant to Decree No. 71/2006/NĐ-CP dated July 25, 2006 of the Government on managing marine ports and shipping channels;

Based on the opinions of the People's Committee of Ca Mau Province at Official Letter No. 4878/UBND dated November 29, 2006;

At the proposal of the Director of the Legal Department and the Director of the Vietnam Maritime Administration.

Pursuant to …;

Article 1.

1. The waters of the marine port within the jurisdiction of Ca Mau province, including:

a) The waters before the wharf of the marine port of Nam Can;

b) The waters of the port channel, pilot reception area, quarantine area, anchorage area, transshipment area, and storm shelter area of the marine port specified in point a of this clause.

2. Other waters before the wharfs, anchorage areas, transshipment areas, and storm shelters shall be announced in accordance with the provisions of the law.

Article 2. The scope of the waters of the Nam Can marine port is measured according to the highest tidal level and is defined as follows:

1. The boundary towards the sea: limited by straight lines connecting points NC1, NC2, NC3, NC4, and NC5, with the following coordinates:

NC1: 08°44'30" N, 105°13'12" E;

NC2: 08°40'00" N, 105°13'12" E;

NC3: 08°40'00" N, 105°20'00" E;

NC4: 08°44'30" N, 105°20'00" E;

NC5: 08°44'30" N, 105°13'48" E.

2. The boundary towards the mainland:

From point NC1 and point NC5 of the Bo De River mouth running along both banks of the Bo De River and Cuu Long River to a straight line crossing the river 3,500 meters upstream from the Nam Can wharf.

Article 3. The pilot reception area, quarantine area, anchorage area, transshipment area, and storm shelter for vessels entering the marine port within the jurisdiction of Ca Mau province are defined as follows:

1. Pilot reception area and quarantine area: the water area limited by a circle with a radius of 1.5 nautical miles, with the center located at the coordinates: 8°42'06" N, 105°17'06" E.

2. Anchorage area, transshipment area, and storm shelter: as decided by the Director of the Vietnam Maritime Administration.

3. Temporary anchorage areas for ships serving the Cà Mau Gas-to-Ammonia Project awaiting entry and exit procedures:

a) Hòn Chuối Area: the water area limited by a circle with a radius of 1.5 nautical miles, with the center located at the coordinates: 8°58'00" N, 104°33'00" E.

b) Ong Doc River Area: the water area limited by a circle with a radius of 1.5 nautical miles, with the center located at the coordinates: 9°02'00" N, 104°46'00" E.

c) Mui Tram Area: the water area limited by a circle with a radius of 1.5 nautical miles, with the center located at the coordinates: 9°14'00" N, 104°45'00" E.

Article 4. The Ca Mau Marine Port Office is responsible for:

1. Performing its duties and exercising its powers as prescribed by the Maritime Code of Vietnam and relevant laws concerning maritime activities in the waters of the marine port within the jurisdiction of Ca Mau province.

2. Based on actual conditions regarding weather, waves, draft, and tonnage of vessels, designating specific positions for vessels to receive pilots, undergo quarantine, anchor, transship, and seek shelter from storms in the waters specified in Article 3 of this Decision, ensuring maritime safety, maritime security, and environmental protection.

Article 5. Outside the scope of the waters specified in Articles 2 and 3 of this Decision, the Ca Mau Marine Port Office also has the responsibility to manage state affairs concerning maritime safety and maritime security in the territorial waters of Ca Mau and Bac Lieu provinces.

Article 6. This Decision takes effect 15 days after its publication in the Official Gazette. Decree No. 1400/QĐ-PCVT dated July 12, 1993 of the Minister of Transportation on the waters of the Nam Can Port and the area of responsibility of the Nam Can Port Office, and previous regulations inconsistent with this Decision, are hereby abolished.

Article 7. The Heads of the Ministry’s Office, the Inspectorate, the Departments under the Ministry, the Directors of the Vietnam Maritime Administration, the Vietnam Inland Waterways Administration, the Transport Departments of Ca Mau and Bac Lieu Provinces, the Director of the Ca Mau Marine Port Office, the Heads of agencies, organizations, and individuals concerned are responsible for implementing this Decision./.