Decision No. 33/2007/QĐ-BGTVT on announcing the waters of seaports within the jurisdiction of Binh Dinh Province, Phu Yen Province, and the management area of Qui Nhon Maritime Branch

DECISION OF THE MINISTER OF TRANSPORT

Announcing the waters of seaports within the jurisdiction of Binh Dinh province, Phu Yen province, and the management area of the Quy Nhon Maritime Port Office

Announcing the waters of seaports within the jurisdiction of Binh Dinh province, Phu Yen province, and the management area of the Quy Nhon Maritime Port Office

MINISTER OF TRANSPORT

Pursuant to the Vietnam Maritime Code on 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 Transport;

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

Based on the opinions of the People's Committee of Binh Dinh Province at Official Letter No. 3521/UBND-XD dated November 23, 2006;

Based on the opinions of the People's Committee of Phu Yen Province at Official Letter No. 1764/UBND dated October 6, 2006;

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

DECISION:

Article 1.

1. Now announcing the waters of seaports within the jurisdiction of Binh Dinh province and Phu Yen province including:

a) The waters before the quay and wharf of the Quy Nhon seaport within the jurisdiction of Binh Dinh province: Quy Nhon Wharf, Thi Nai Wharf, and Quy Nhon Oil Wharf;

b) The waters before the quay and wharf of the Vung Ro seaport within the jurisdiction of Phu Yen province: Dedicated Oil Wharf Vung Ro and Combined Wharf Vung Ro;

c) The waters of the port channel, branch port channel, pilot station, quarantine zone, anchorage area, transshipment area, and typhoon shelter area of the seaports specified in points a and b of this clause.

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

Article 2. The scope of the waters of seaports within the jurisdiction of Binh Dinh province and Phu Yen province is measured according to the highest tidal level and is defined as follows:

1. Quy Nhon Seaport:

a) The boundary towards the sea: limited by straight lines connecting points QN1, QN2, and QN3, with the following coordinates:

QN1: 13^°45'10" N, 109^°17'02" E (Yen Cape);

QN2: 13^°41'04" N, 109^°14'55" E (Land Rock);

QN3: 13^°41'18" N, 109^°13'41" E (Bai Xep Cape).

b) The boundary towards the mainland: limited from point QN3 running along the coast to point QN4 with coordinates: 13^°48'33" N, 109^°13'25" E, connecting to point QN5 with coordinates: 13^°48'33" N, 109^°15'00" E and running along the coast of Phuoc Mai Peninsula to point QN1.

2. Vung Ro Seaport:

a) The boundary towards the sea: limited by a straight line connecting two points VR1 and VR2, with the following coordinates:

VR1: 12^°50'54" N, 109^°25'00" E;

VR2: 12^°51'18" N, 109^°23'48" E.

b) The boundary towards the mainland: limited from point VR1 running along the shore of Vung Ro Bay to point VR2.

Article 3. The pilot station, quarantine zone, anchorage area, transshipment area, and typhoon shelter for vessels entering seaports within the jurisdiction of Binh Dinh province and Phu Yen province are defined as follows:

1. Quy Nhon Seaport:

a) Pilot station and quarantine zone: the water area limited by a circle with a radius of 0.5 nautical miles, with the center located at the following coordinates:

13^°44'18" N, 109^°15'18" E.

b) Anchorage area, transshipment area, and typhoon shelter: as decided by the Director of the Vietnam Maritime Administration.

2. Vung Ro Seaport:

a) Pilot station and quarantine zone: the water area limited by a circle with a radius of 0.5 nautical miles, with the center located at the following coordinates:

12^°51'06" N, 109^°24'30" E.

b) Anchorage area, transshipment area, and typhoon shelter: as decided by the Director of the Vietnam Maritime Administration.

Article 4. The Quy Nhon Maritime Port Office is responsible for:

1. Performing its duties and powers as prescribed by the Vietnam Maritime Code and relevant laws concerning maritime activities in the waters of seaports within the jurisdiction of Binh Dinh province and Phu Yen province.

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

Article 5. Outside the waters defined in Articles 2 and 3 of this Decision, the Quy Nhon Maritime Port Office also has the responsibility to manage state affairs concerning maritime safety and maritime security in the territorial waters under the jurisdiction of Binh Dinh province and Phu Yen province.

Article 6. This Decision takes effect fifteen days after its publication in the Official Gazette. Decree No. 1601/QĐ-PCVT dated August 12, 1993 of the Minister of Transport on the waters of the Quy Nhon port and the responsibility area of the Quy Nhon Port Office, and previous regulations contrary to this Decision are hereby abolished.

Article 7. The Heads of the Ministry’s Office, the Inspectorate, the Department Heads of the Ministry, the Director of the Vietnam Maritime Administration, the Director of the Vietnam Inland Waterway Administration, the Directors of the Departments of Transport of Binh Dinh Province and Phu Yen Province, the Director of the Quy Nhon Maritime Port Office, the Heads of agencies, organizations, and individuals concerned are responsible for implementing this Decision./.