Decision No. 3171/2002/QĐ-BGTVT On the waters of coastal ports within the jurisdiction of Nghệ An Province and the responsibility area of the Nghệ An Port Office.

Pursuant to …;

Regarding the waters of the coastal ports within the jurisdiction of Nghệ An Province and the area

 of responsibility of the Nghệ An Port Authority

_________________

THE MINISTER OF TRANSPORTATION

Pursuant to Article 58 of the Vietnam Maritime Code dated June 30, 1990;

Pursuant to Decree No. 22/CP dated March 22, 1994 of the Government on tasks, powers, responsibilities for state management and organizational structure of the Ministry of Transport;

Pursuant to the opinion of the People's Committee of Nghệ An Province at Circular No. 2115/UB-CN dated June 12, 2002;

Considering the proposal of the Director of the Legal Affairs and Transportation Department and the Director General of the Vietnam Maritime Administration,

DECISION:

Article 1. Now promulgating the waters of the coastal ports within the jurisdiction of Nghệ An Province including:

- The waters before the Cửa Lò Wharf, Bến Thuỷ Wharf and Nghi Hương Fuel Wharf.

- The waters of the maritime route, anchorage and transshipment areas, and typhoon shelters in the Cửa Lò Port, Bến Thuỷ Wharf, Nghi Hương Fuel Wharf and the Hòn Ngư Transshipment Area.

Article 2. The scope of the waters of the coastal ports within the jurisdiction of Nghệ An Province is calculated based on the highest tidal level, within the following limits:

1. Northern, Eastern and Southeastern boundaries: Limited by straight lines connecting the points with the coordinates below:

A1. 18⁰ 50', 0 N; 105⁰ 43', 0 E.

A2. 18⁰ 50', 0 N; 105⁰ 47', 0 E.

A3. 18⁰ 48', 0 N; 105⁰ 48', 0 E.

A4. 18⁰ 45', 1 N; 105⁰ 46', 1 E.

2. Western boundary: From point A1 running along the southern side of the mountain range of Nghi Thiết Commune, Nghi Lộc District to the meridian 20 meters west of the Cửa Lò Port, through the Cửa Lò Wharf, to the northernmost point of the coast of Cửa Lò City, along the coast of Cửa Lò City to the northern shore of Cửa Hội.

3. Boundaries on the river are limited from the northernmost point of Cửa Hội and point A4 running along both banks of the Lam River to the straight line intersecting the Lam River 200 meters downstream of the Bến Thuỷ Bridge, except for the section of the Lam River within the waters of the coastal ports within the jurisdiction of Hà Tĩnh Province as stipulated in Decision No. 2437/2002/QĐ-BGTVT dated August 7, 2002 of the Minister of Transport.

Article 3. The pilot reception and disembarkation, quarantine, anchorage, transshipment, and typhoon shelter areas for vessels entering the coastal ports within the jurisdiction of Nghệ An Province are defined as follows:

1. Pilotage reception and quarantine zones:

a. For the Bến Thuỷ Port, Nghi Hương Fuel Port, and the Hòn Ngư Anchorage Area: It is the water area limited by a circle with a radius of 01 nautical mile with its center at the coordinates: 18⁰ 47', 2 N; 105⁰ 47', 0 E.

b. For the Cửa Lò Port and the Hòn Ngư Anchorage Area: It is the water area limited by a circle with a radius of 01 nautical mile with its center at the coordinates: 18⁰ 48', 5 N; 105⁰ 45', 2 E.

2. Anchorage, transshipment, and typhoon shelter areas:

For the Bến Thuỷ Port, Cửa Lò Port, and Nghi Hương Fuel Port: At positions within the water area defined in Article 2 of this Decision and designated by the Nghệ An Port Authority based on actual weather conditions, wave and wind conditions, tidal levels, and draft of vessels ensuring maritime safety and preventing environmental pollution.

Article 4.

1. The Nghệ An Port Authority shall be responsible for performing its duties and powers as prescribed by the Maritime Code of Vietnam and related legal documents for all maritime activities within the waters of the Cửa Lò Port, Bến Thuỷ Port, Nghi Hương Fuel Port, and the Hòn Ngư Anchorage Area.

2. As for the shared waters with the Xuân Hải Port (Hà Tĩnh Province), the Nghệ An Port Authority shall coordinate with the Hà Tĩnh Port Authority to manage maritime activities according to the following principles:

a. The Nghệ An Port Authority shall be responsible for managing maritime safety within the waters of the maritime route from Buoy No. 0 at Cửa Hội to 2,000 meters downstream of the Xuân Hải Port and from 1,000 meters upstream of the Xuân Hải Port to the Bến Thuỷ Port.

Any incidents arising from vessels entering, exiting, or operating at which port shall be handled by the Port Authority of that region in accordance with the law.

b. The Nghệ An Port Authority shall be responsible for:

- Arranging plans to dispatch vessels to ensure maritime traffic order and safety on the waters of the maritime route from Cửa Hội to the Bến Thuỷ Port and the Hòn Ngư Anchorage Area when the Hà Tĩnh Port Authority notifies vessels entering or exiting the Xuân Hải Port or needing to anchor at the Hòn Ngư Anchorage Area at least two hours prior to their arrival at Buoy No. 0.

- Notifying the Hà Tĩnh Port Authority about vessels entering or exiting the Bến Thuỷ Port at least two hours prior to their arrival in the waters of the Xuân Hải Port to coordinate management and ensure maritime traffic order and safety.

Article 5. Outside the waters defined in Article 2 of this Decision, the Nghệ An Port Authority shall be responsible for specialized state management over maritime traffic order and safety in the sea areas within the jurisdiction of Nghệ An Province in accordance with the law.

Article 6. This Decision shall take effect 15 days from the date of signature and replace Decision No. 1330/QĐ-PCVT dated July 3, 1993 of the Minister of Transport regarding the waters of the Nghệ Tĩnh Port and the area of responsibility of the Nghệ Tĩnh Port Authority, and any previous regulations inconsistent with this Decision.

Article 7. The Heads of the Ministry's Office, Department Heads under the Ministry, Directors of the Vietnam Maritime Administration, Directors of the Vietnam Inland Waterway Administration, Directors of the Transport Departments of Nghệ An and Hà Tĩnh Provinces, Directors of the Nghệ An and Hà Tĩnh Port Authorities, Heads of relevant agencies, units, and individuals are responsible for implementing this Decision.