Circular No. 31/2010/TT-BGTVT on the announcement of the port waters within the jurisdiction of the city of Hai Phong and the management area of the Hai Phong Maritime Port Supervision Authority

CIRCULAR

Announcing the port waters within the jurisdiction of the city of Hai Phong and

the area under the management of the Hai Phong Port Maritime Administration

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

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 71/2006/NĐ-CP dated July 25, 2006 of the Government on port management and maritime channels;

Based on the opinions of the Ministry of Natural Resources and Environment at Circular No. 3427/BTNMT-KH dated August 25, 2010 and the opinion of the Ministry of Science and Technology at Circular No. 2046/BKHCN-TĐC dated August 25, 2010 regarding comments on the list of goods to be loaded and unloaded in the port waters of Hon Gai Port, Quang Ninh Province;

Based on the opinions of the People's Committee of Hai Phong City at Circular No. 2905/UBND-CN dated May 24, 2010 and the opinion of the People's Committee of Quang Ninh Province at Circular No. 1911/UBND-GT2 dated May 18, 2010;

The Minister of Transport hereby announces the port waters within the jurisdiction of the city of Hai Phong and the area under the management of the Hai Phong Port Maritime Administration as follows:

Article 1. Announcing the Port Waters within the Jurisdiction of the City of Hai Phong

1. The port waters within the jurisdiction of the city of Hai Phong include:

a) The waters before the bridges and wharves of Hai Phong Port: Steel Corporation Song Da Company Limited, Le Quoc, Vat Cach, Nam Ninh, Duy Linh, Transport and Fuel Supply Corporation Company Limited, Hong Bang Information Technology and Construction Corporation Company Limited, LILAMA Hai Phong, Thang Long Liquefied Gas, Military Oil Corporation Company Limited, Song Da 12 Corporation Company Limited, Thuy Ly, Bai Rung Information Technology Corporation Company Limited, Hai Phong, Ha Long Fishery, Ha Long Mechanical, Dai Hai Gas, Cua Cam, Seafood II, Nam Hai Port Corporation Company Limited, Duong Xa, Transvina, Hai Dang, Vietnam Containers, Chua Ve Containers, Total Gas Hai Phong, Dong Hai, Chua Ve Equipment and Supplies, K99, Company 128, Border Guard, Coast Guard, Petec Fuel Hai Phong, Company 189, Dinh Vu Fuel (19-9), PTSC Dinh Vu, Investment and Development Dinh Vu, General Dinh Vu, Joint Stock Development Dinh Vu, DAP Dinh Vu, Vietnam Shipping Lines Ship Repair Joint Stock Company - Dong Do, Nam Trieu Information Technology Corporation Company Limited, Hai Phong Thermal Power Corporation Company Limited, Caltex, Pha Rung Information Technology Corporation Company Limited;

b) The waters of the port channel, branch port channels, pilot reception areas, quarantine zones, anchorage areas, cargo transfer areas, and storm shelters specified in point a of this clause.

2. Other waters before bridges, wharves, anchorage areas, cargo transfer areas, and storm shelters shall be announced in accordance with the provisions of the law.

Article 2. Scope of the port water area under the jurisdiction of the city of Hai Phong

The scope of the port waters within the jurisdiction of the city of Hai Phong is measured according to the highest tide level and is defined specifically as follows:

1. The boundary towards the sea is limited by straight lines connecting the following coordinate points:

HP1: 20049'15"N, 106048'40"E;

HP2: 20037'20"N, 106048'40"E;

HP3: 20040'03"N, 107007'06"E;

HP4: 20046'25"N, 107007'06"E (western edge of Tuong Ruou Con Island);

HP5: 20047'01"N, 107006'51"E (western edge of Giang Vong Island);

HP6: 20047'01"N, 107006'11"E;

HP7: 20046'03"N, 107006'11"E;

HP8: 20042'44"N, 107005'19"E (Be Cau sandbank);

HP9: 20041'48"N, 107004'06"E (eastern edge of Duoi Buom Dong Island);

HP10: 20042'32"N, 107003'41"E (western edge of Guoc Island);

HP11: 20042'27"N, 107002'34"E (northwest edge of Hang Trong Island);

HP12: 20041'33"N, 107002'43"E (eastern edge of Nen Island);

HP13: 20042'27"N, 107001'11"E (southern edge of Rua Nui Island);

HP14: 20047'42"N, 106055'11"E (western edge of Phu Long Beach).

2. The boundary towards the mainland is limited as follows:

- From point HP14 running along the right bank of the Lach Huyen Channel to points HP15, HP16, HP17, and HP18, with the following coordinates:

HP15: 20050'01"N, 106054'17"E;

HP16: 20050'01"N, 106053'59"E;

HP17: 20049'18"N, 106053'26"E;

HP18: 20049'17"N, 106052'40"E (right bank of Ha Nam Canal near Lach Huyen).

- From point HP18 running along the right bank of Ha Nam Canal to point HP19 with the following coordinates: 20049'02"N, 106050'32"E (end of the right bank of Ha Nam Canal, adjacent to Bach Dang River).

- From point HP19 connecting to point HP20 with the following coordinates: 20049'12"N, 106050'25"E (end of the right bank of Cai Trap Canal, adjacent to Bach Dang River).

- On Bach Dang River: From point HP20 and point HP1 running along both banks of Bach Dang River to the latitude 20056'46"N crossing the river and from this latitude running along both banks of Gia River to the straight line cutting across the river 200 meters downstream from the center of Minh Duc Dam.

- From the canal entrance of Dinh Vu running along both banks of Cam River to the straight line cutting across the river 200 meters downstream from the base of Kien Bridge.

Article 3. Pilot reception and delivery areas, quarantine zones, anchorage areas, transshipment areas, and storm shelters

Pilot reception areas, quarantine zones, anchorage areas, cargo transfer areas, and storm shelters for vessels entering the port waters within the jurisdiction of the city of Hai Phong are defined specifically as follows:

1. Pilot Reception Areas:

a) For vessels entering Hai Phong Port: the water area is limited by the positions with the following coordinates:

A1: 20040'07"N, 106059'58"E;

A2: 20040'07"N, 107000'11"E;

A3: 20039'02"N, 107000'11"E;

A4: 20039'02"N, 106059'58"E;

b) For vessels entering Hai Phong Port but must anchor and transfer cargo or shelter from storms in the port waters of Hon Gai Port:

- For vessels during normal weather conditions: the water area is limited by a circle with a radius of 0.4 nautical miles, with the center at the position with the following coordinates:

20043'26"N, 107010'28"E.

- For vessels during bad weather conditions: the water area is limited by a circle with a radius of 0.25 nautical miles, with the center at the position with the following coordinates:

20049'02"N, 107008'16"E.

- For Vietnamese vessels with a deadweight tonnage up to 5,000 DWT: the water area is limited by a circle with a radius of 0.4 nautical miles, with the center at the position with the following coordinates:

20052'32"N, 107005'05"E.

c) For vessels entering Hai Phong Port but must anchor and transfer cargo or shelter from storms at Cẩm Phả Port:

- For vessels during normal weather conditions: the water area is limited by a circle with a radius of 0.4 nautical miles, with the center at the position with the following coordinates:

20043'26"N, 107010'29"E.

- For vessels during bad weather conditions: the water area is limited by a circle with a radius of 0.5 nautical miles, with the center at the position with the following coordinates:

20049'14"N, 107017'11"E.

- For Vietnamese vessels with a deadweight tonnage up to 5,000 DWT: the water area is limited by a circle with a radius of 0.3 nautical miles, with the center at the position with the following coordinates:

20057'44"N, 107020'29"E.

2. Quarantine Zones:

a) For vessels entering Hai Phong Port:

- For vessels with a deadweight tonnage of 3,000 DWT or more: the water area is defined at point a of Clause 1 and point a of Clause 3 of this Article.

For vessels with a deadweight tonnage under 3,000 DWT: it is the anchorage area on the Bach Dang River as specified in point b, Clause 3, Article of this provision.

b) For vessels entering the Haiphong Seaport but must anchor for transshipment or to avoid storms in the waters of Hon Gai Seaport and Cam Pha Seaport: it is the water area defined in points b and c, Clause 1, Article of this provision.

3. Anchorage areas, transshipment areas, and storm shelters:

a) At Hon Dau: it is the water area bounded by a semicircle facing south with a radius of two nautical miles, with its center at the coordinates:

20040'02" N, 106051'11" E.

b) On the Bach Dang River:

- Bach Dang Area: for dry cargo vessels with a deadweight tonnage up to 6,000 DWT, located at positions from BD1 to BD18, with the following coordinates:

BD1: 20051'06" N, 106045'48" E;

BD2: 20051'13" N, 106045'41" E;

BD3: 20051'21" N, 106045'36" E;

BD4: 20051'30" N, 106045'33" E;

BD5: 20051'38" N, 106045'29" E;

BD6: 20051'50" N, 106045'25" E;

BD7: 20052'00" N, 106045'19" E;

BD8: 20052'13" N, 106045'13" E;

BD9: 20052'28" N, 106045'10" E;

BD10: 20051'49" N, 106045'15" E;

BD11: 20051'59" N, 106045'11" E;

BD12: 20052'55" N, 106045'01" E;

BD13: 20053'05" N, 106045'02" E;

BD14: 20053'14" N, 106045'04" E;

BD15: 20053'23" N, 106045'09" E;

BD16: 20053'31" N, 106045'14" E;

BD17: 20053'39" N, 106045'20" E;

BD18: 20053'47" N, 106045'25" E.

Specifically, positions BD7, BD8, BD9, and BD10 are designated for oil and dangerous goods vessels with a deadweight tonnage up to 3,000 DWT to anchor and transship, but they must meet all safety conditions for maritime traffic, maritime security, fire prevention, and environmental pollution prevention.

- Bach Dang Mooring Transshipment Area: for dry cargo vessels with a deadweight tonnage up to 7,000 DWT, located at positions PD1, PD2, and PD3, with the following coordinates:

PD1: 20051'17" N, 106045'30" E;

PD2: 20051'24" N, 106045'27" E;

PD3: 20051'32" N, 106045'24" E.

- Ninh Tiep Area: for vessels with a deadweight tonnage up to 10,000 DWT, located at positions from NT1 to NT6, with the following coordinates:

NT1: 20047'52" N, 106050'35" E;

NT2: 20048'07" N, 106050'32" E;

NT3: 20047'40" N, 106050'39" E;

NT4: 20047'27" N, 106050'43" E;

NT5: 20047'15" N, 106050'48" E;

NT6: 20047'05" N, 106050'52" E.

- Ninh Tiep Mooring Transshipment Area: for dry cargo vessels with a deadweight tonnage up to 15,000 DWT, located at positions PT1 and PT2, with the following coordinates:

PT1: 20048'40" N, 106050'20" E;

PT2: 20048'31" N, 106050'23" E.

c) On the Cam River:

- Ben Lam Area: for dry cargo vessels with a deadweight tonnage up to 3,000 DWT, located in the water area of the Ben Lam wharf.

- Thang Long Gas Area: for oil, liquefied gas, and chemical vessels with a deadweight tonnage up to 3,000 DWT waiting to enter the Thang Long Gas pier, Military Oil Company, Thang Long Gas, located in the water area before the Thang Long Gas pier hydropower plant.

- Vuoc Cap Area: for vessels with a deadweight tonnage up to 3,000 DWT, located in the water area from the upper reaches of Vuoc Cap port to 200 meters downstream from the base of the Kien Bridge.

d) On the Gia River: for vessels with a deadweight tonnage up to 1,500 DWT, located in the water area of the Minh Duc Pha Rung zone.

đ) On the Luong Lach Huyen-Ben Got channel:

- Ben Got Area: for vessels with a deadweight tonnage up to 50,000 DWT, located at positions from BG3 to BG9, with the following coordinates:

BG3: 20049'12" N, 106054'00" E;

BG4: 20049'01" N, 106054'07" E;

BG5: 20048'38" N, 106054'21" E;

BG6: 20048'16" N, 106054'35" E;

BG7: 20048'03" N, 106054'43" E;

BG8: 20047'51" N, 106054'50" E;

BG9: 20047'39" N, 106054'58" E.

- Ben Got Mooring Transshipment Area: for dry cargo vessels with a deadweight tonnage of 50,000 DWT at position PG1 and vessels with a deadweight tonnage of 30,000 DWT at position PG2, with the following coordinates:

PG1: 20049'51" N, 106053'56"E;

PG2: 20049'28" N, 106053'56"E.

e) In Lan Ha Bay: for vessels with a deadweight tonnage up to 50,000 DWT, located at positions LH1, LH2, and LH3, with the following coordinates:

LH1: 20046'21" N, 107006'25"E;

LH2: 20046'47" N, 107006'26"E;

LH3: 20046'21" N, 107006'44"E.

g) In Cat Ba Bay: for passenger vessels, export-import seafood vessels, located at position CB1 with the coordinate: 20042'15" N, 107003'17"E.

4. Anchorage, transshipment, and storm shelter areas in the waters of Hon Gai Seaport and Cam Pha Seaport within the jurisdiction of Quang Ninh Province.

a) Storm Shelter Areas: located at positions HL2, HL3, HL4, and HL5, with the following coordinates:

HL2: 20056'28" N, 107003'52"E;

HL3: 20056'38" N, 107003'50"E;

HL4: 20056'48" N, 107003'45"E;

HL5: 20057'00" N, 107003'42"E.

b) Anchorage and transshipment areas for vessels to anchor and transship part of their cargo before entering Haiphong Seaport or to receive additional cargo after partially loading at Haiphong Seaport, located at positions HL11, HL12, and HL15, with the following coordinates:

HL11: 20051'36" N, 107007'06"E;

HL12: 20051'42" N, 107006'36"E;

HL15: 20051'48" N, 107006'12"E.

Cargo transshipment for vessels entering Haiphong Seaport at the locations specified herein includes livestock feed, fertilizer, foodstuffs, steel or metal in ingot form, clinker, raw materials for fertilizer production, construction materials, raw materials for fertilizer production, containerized cargo, machinery and equipment, and similar goods that are not environmentally polluting or hazardous. The implementation period extends until the international gateway seaport of Haiphong (Lach Huyen) becomes fully operational.

Hazardous and environmentally polluting goods must be transshipped in the Hon Net area in the waters of Cam Pha Seaport, Quang Ninh Province, at position CO3 with the coordinate: 20057'46" N, 107020'06"E, and at the Cai Lan Port, Quang Ninh.

Article 4. Responsibilities of the Haiphong Maritime Port Office and related units

1. The Haiphong Maritime Port Office shall be responsible for:

a) Implementing tasks and authorities as prescribed by the Vietnam Maritime Code and relevant legal documents concerning maritime activities within the waters of the port area under the jurisdiction of Haiphong City.

b) Based on actual conditions regarding weather, waves, tide levels, and the load capacity of vessels, designate specific positions for vessels to pick up and drop off pilots, undergo quarantine, anchor, transfer cargo, and avoid typhoons within the waters as stipulated in Article 3 of this Circular, ensuring maritime safety, maritime security, and environmental protection.

c) Only permit oil-carrying vessels, dangerous goods vessels, and pollution-causing vessels to anchor and transfer cargo at the designated positions as prescribed in this Circular after fully meeting the conditions for ensuring maritime safety, maritime security, fire prevention, and environmental protection.

d) Require vessels transferring cargo at positions HL11, HL12, HL15 as specified in point b, Clause 4, Article 3 of this Circular to comply with the unloading, loading, and transportation of goods according to the relevant laws on the environment, marine transport, and international conventions to which Vietnam is a member, ensuring that there is no leakage, loss, or dispersion of goods into the marine environment in Halong Bay, Quang Ninh Province.

2. Coordination management responsibilities between the Haiphong Maritime Port Office and the Quang Ninh Maritime Port Office:

a) The Haiphong Maritime Port Office:

- Notify the Quang Ninh Maritime Port Office of the name, nationality, main technical specifications, and other necessary information of vessels requiring anchorage, cargo transfer, or typhoon avoidance at least four hours before the vessel reaches the boundary of the Hon Gai port water area or the Cam Pha port water area;

- Report to the Quang Ninh Maritime Port Office about the movement of vessels leaving their anchorage, cargo transfer, or typhoon avoidance positions at least two hours before the vessel leaves the Hon Gai port water area or the Cam Pha port water area; - Process formalities for vessels entering and leaving the positions specified in Clause 4, Article 3 of this Circular for anchoring, cargo transfer, and typhoon avoidance.

b) The Quang Ninh Maritime Port Office:

Based on actual conditions regarding weather, waves, tide levels, and the load capacity of vessels, designate specific positions for vessels to anchor, transfer cargo, and avoid typhoons when entering or leaving the Haiphong port but must anchor, transfer cargo, or avoid typhoons in the Hon Gai port water area or the Cam Pha port water area and promptly notify the Haiphong Maritime Port Office.

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

Outside the waters defined in Articles 2 and 3 of this Circular, the Haiphong Maritime Port Office also has the responsibility to manage state affairs concerning maritime safety in the sea areas under the jurisdiction of Haiphong City.

Article 6. Effectiveness

1. This Circular takes effect from November 15, 2010. Decree No. 44/2007/QĐ-BGTVT dated August 28, 2007 of the Minister of Transport on the waters of the port area under the jurisdiction of Haiphong City and the management area of the Haiphong Maritime Port Office, and previous regulations contrary to this Circular, are hereby repealed.

2. The coordinate system specified in this Circular shall be applied according to the VN 2000 Coordinate System and converted into corresponding coordinate systems as set out in the Appendix attached hereto.

Article 7. Implementation Organization

The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of the Departments under the Ministry, the Directors of the Vietnam Maritime Administration, the Directors of the Vietnam Inland Waterway Administration, the Directors of the Department of Transport of Haiphong City, the Directors of the Department of Transport of Quang Ninh Province, the Directors of the Haiphong Maritime Port Office, the Directors of the Quang Ninh Maritime Port Office, the Heads of agencies, organizations, and individuals concerned shall be responsible for implementing this Circular.