Decision No. 3395/2003/QD-BGTVT on the waters of coastal ports within the jurisdiction of Khanh Hoa Province and the responsibility area of the Nha Trang Port Authority

Pursuant to …;

Regarding the maritime areas of the coastal ports within the jurisdiction of Khanh Hoa Province and

the area of responsibility of the Nha Trang Port Authority

________________

THE MINISTER OF TRANSPORTATION

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

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 the opinion of the People's Committee of Khanh Hoa Province at Circular No. 1383/UB dated June 20, 2002.

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

DECISION:

Article 1. Now hereby announce the maritime areas of the coastal ports within the jurisdiction of Khanh Hoa Province including:

1. The maritime area before the Nha Trang port wharves, Ba Ngoi port, Dam Mon port, Hon Khoi port, Hyundai-Vinashin shipyard wharf, and Nha Trang oil port wharf.

2. The maritime area of the shipping channels, pilotage reception zones, quarantine zones, anchorage transfer zones, typhoon avoidance zones of the aforementioned ports and the transfer zone in Van Phong Bay.

Article 2. The scope of the maritime areas of the coastal ports within the jurisdiction of Khanh Hoa Province is measured according to the highest tide level, specified as follows:

1. The maritime area of the Nha Trang port and Nha Trang oil port is limited by:

- Straight lines connecting points NT1, NT2, NT3, and NT4 with the following coordinates:

NT1. 12°14'09" N; 109°15'44" E (Ba Co Cape - North Hon Tre Island).⁰ NT2. 12°16'00" N; 109°13'23" E.⁰ NT3. 12°12'48" N; 109°13'23" E.

NT4. 12°12'48" N; 109°12'30" E (Truong Tay, Vinh Nguyen Ward).⁰ - From Point NT4 running along the coastline southward to Point NT5 with the following coordinates: 12°09'12" N; 109°13'05" E.⁰ - From Point NT5 by straight lines connecting Points NT6 and NT7 with the following coordinates:

NT6. 12°16'32" N; 109°13'23" E.⁰ - From Point NT4 running along the coastline southward to Point NT5 with the following coordinates: 12°09'12" N; 109°13'05" E.⁰ NT7. 12°10'58" N; 109°13'23" E.

- From Point NT7 running along the western coast of Hon Tre Island northward, passing through Nam Cape and Lang Cape, and connecting with Point NT1 (Ba Co Cape - North Hon Tre Island).⁰ 2. The maritime area of the Ba Ngoi port:⁰ a) Seaward boundary: Limited by straight lines connecting points BN1, BN2, BN3, and BN4 with the following coordinates:

BN1. 11°55'00" N; 109°10'00" E.⁰ BN2. 11°52'30" N; 109°11'42" E.⁰ BN3. 11°48'00" N; 109°13'30" E.

BN4. 11°46'54" N; 109°13'30" E.

b) Landward boundary: From Point BN4 running along the coastline northward through Bai Tien Cape and Sop Cape, following the coastline of Cam Ranh Bay southward through Ong Dinh Cape up to the northern part of the bay to Point BN0 which is the intersection of the 11°55'00" N latitude line and the coastline of Cam Lan Commune, and from BN0 connecting with BN1.⁰ BN2. 11°52'30" N; 109°11'42" E.⁰ 3. The maritime area of the Hon Khoi port, Dam Mon port, Hyundai-Vinashin shipyard, and the transfer zone in Van Phong Bay:

a) Seaward boundary: Limited by straight lines connecting points VP1, VP2, and VP3 with the following coordinates:⁰ VP1. 12°33'42" N; 109°25'42" E. (Ganh Cape - South of Hon Gom Peninsula).⁰ 3. The maritime area of the Hon Khoi port, Dam Mon port, Hyundai-Vinashin shipyard, and the transfer zone in Van Phong Bay:

VP2. 12°29'36" N; 109°25'42" E.

VP3. 12°29'48" N; 109°18'42" E (Muong Cape).

b) Landward boundary: From Point VP1 (Ganh Cape) running along the western coastline of Hon Gom Peninsula northward through Co Go Cape, Da Son Cape, and along the coastline to the northernmost point of Ben Goi Cove, following the coastline of communes in Van Ninh District through Hon Giang Cape, Hon Khoi Cape to Point VP3 (Muong Cape).

The pilotage reception zones, quarantine zones, anchorage transfer zones, and typhoon avoidance zones for vessels entering and exiting the coastal ports within the jurisdiction of Khanh Hoa Province are defined as follows:⁰ 1. Pilotage reception and quarantine zones:⁰ a) For the Nha Trang port and Nha Trang oil port:

- For vessels entering and exiting from the north: the maritime area is limited by a circle with a radius of 01 nautical mile centered at the coordinates: 12°14'30" N; 109°13'42" E.⁰ - For vessels entering and exiting from the south: the maritime area is limited by a circle with a radius of 01 nautical mile centered at the coordinates: 12°10'12" N; 109°15'30" E.⁰ b) For the Ba Ngoi port: the maritime area is limited by a circle with a radius of 0.7 nautical miles centered at the coordinates: 11°48'30" N; 109°12'30" E.

c) For the Hon Khoi port, Dam Mon port, Hyundai-Vinashin shipyard, and the transfer zone in Van Phong Bay: the maritime area is limited by a circle with a radius of 01 nautical mile centered at the coordinates: 12°30'42" N; 109°23'18" E.⁰ 2. Anchorage and typhoon avoidance zones:⁰ a) For the Nha Trang port and Nha Trang oil port: the maritime area is limited by straight lines connecting points NT5, NT6, and NT7 with the following coordinates:

NT5. 12°12'06" N; 109°14'06" E.⁰ NT6. 12°12'54" N; 109°13'18" E.⁰ b) For the Ba Ngoi port: the maritime area is limited by a circle with a radius of 0.7 nautical miles centered at the coordinates: 11°48'30" N; 109°12'30" E.

NT7. 12°12'24" N; 109°13'00" E.⁰ b) For the Ba Ngoi port: the maritime area is limited by a circle with a radius of 0.6 nautical miles centered at the coordinates: 11°53'12" N; 109°09'24" E.

c) For the Hon Khoi port: the maritime area is limited by a circle with a radius of 0.7 nautical miles centered at the coordinates: 12°36'12" N; 109°10'24" E.

d) For the Dam Mon port: the maritime area is limited by straight lines connecting points with the following coordinates:

DM1. 12°39'48" N; 109°22'12" E.⁰ DM2. 12°39'48" N; 109°22'48" E.⁰ DM3. 12°39'12" N; 109°22'12" E.

DM4. 12°39'12" N; 109°22'48" E.⁰ d) For the Hyundai-Vinashin shipyard port: the maritime area is limited by a circle with a radius of 0.6 nautical miles centered at the coordinates: 12°30'06" N; 109°16'36" E.⁰ 3. Transfer zones:

a) For the Hon Khoi port:⁰ - For vessels with a deadweight tonnage (DWT) from 1,000 DWT to 4,000 DWT: at the position with the coordinates: 12°36'36" N; 109°13'45" E.⁰ - For vessels with a deadweight tonnage (DWT) from 4,000 DWT to 10,000 DWT: at the position with the coordinates: 12°36'47" N; 109°14'54" E.

b) For the transfer zone in Van Phong Bay: for oil tankers with a deadweight tonnage (DWT) of 100,000 DWT and above with appropriate draft: at positions VP4 and VP5 with the following coordinates:

Article 3. - VP4. 12°34'00" N; 109°19'12" E.

- VP5. 12°32'30" N; 109°21'48" E.

1. The Nha Trang Port Authority shall perform its duties and powers as prescribed by the Vietnam Maritime Code and related legal documents for all maritime activities in the maritime areas of the coastal ports within the jurisdiction of Khanh Hoa Province and in the maritime area of the Ca Na port within the jurisdiction of Ninh Thuan Province as announced in Decision No. 115/1999/QĐ-PCVT dated January 13, 1999 of the Minister of Transport.

2. The Nha Trang Port Authority, based on actual conditions regarding weather, waves, tides, and vessel tonnage, shall designate specific locations for vessels to anchor, transfer cargo, and avoid typhoons within the maritime areas specified in Article 3 of this Decision, ensuring maritime safety and environmental hygiene.⁰ Outside the maritime areas specified in Articles 2, 3, and 4 of this Decision, the Nha Trang Port Authority also has the responsibility to manage state administration over maritime order and safety in the sea areas within the jurisdiction of Khanh Hoa Province and Ninh Thuan Province.⁰ 13’ 42” E.

2. The Nha Trang Port Authority, based on actual conditions regarding weather, waves, tides, and vessel tonnage, shall designate specific locations for vessels to anchor, transfer cargo, and avoid typhoons within the maritime areas specified in Article 3 of this Decision, ensuring maritime safety and environmental hygiene.⁰ 10’ 12” N; 109⁰ 15’ 30” E.

b) For Ba Ngoi Port: it is the water area limited by a circle with a radius of 0.7 nautical miles, the center of which is at the coordinates: 11⁰ 48’ 30” N; 109⁰ 12’ 30” E.

c) For Hon Khoi Port, Dam Mon Port, Hyundai-Vinashin Shipyard and Van Phong Bay transfer area: it is the water area limited by a circle with a radius of 01 nautical mile, the center of which is at the coordinates: 12⁰ 30’ 42” N; 109⁰ 23’ 18” E.

2. Anchorage and typhoon shelter areas:

a) For Nha Trang Port and Nha Trang Oil Port: it is the water area limited by straight lines connecting points NT5, NT6, and NT7 with the following coordinates:

NT5. 12⁰ 12’ 06” N; 109⁰ 14’ 06” E.

b) Landward boundary: From Point BN4 running along the coastline northward through Bai Tien Cape and Sop Cape, following the coastline of Cam Ranh Bay southward through Ong Dinh Cape up to the northern part of the bay to Point BN0 which is the intersection of the 11°55'00" N latitude line and the coastline of Cam Lan Commune, and from BN0 connecting with BN1.⁰ 12’ 54” N; 109⁰ 13’ 18” E.

a) Seaward boundary: Limited by straight lines connecting points VP1, VP2, and VP3 with the following coordinates:⁰ 12’ 24” N; 109⁰ 13’ 00” E.

b) For Ba Ngoi Port: it is the water area limited by a circle with a radius of 0.6 nautical miles, the center of which is at the coordinates: 11⁰ 53’ 12” N; 109⁰ 09’ 24” E.

c) For Hon Khoi Port: it is the water area limited by a circle with a radius of 0.7 nautical miles, the center of which is at the coordinates: 12⁰ 36’ 12” N; 109⁰ 13’ 00” E.

d) For Dam Mon Port: it is the water area limited by straight lines connecting points with the following coordinates:

DM1. 12⁰ 39’ 48” N; 109⁰ 22’ 12” E.

DM2. 12⁰ 39’ 48” N; 109⁰ 22’ 48” E.

DM3. 12⁰ 39’ 12” N; 109⁰ 22’ 48” E.

DM4. 12⁰ 39’ 12” N; 109⁰ 22’ 12” E.

d) For Hyundai-Vinashin Shipyard Port: it is the water area limited by a circle with a radius of 0.6 nautical miles, the center of which is at the coordinates: 12⁰ 30’ 06” N; 109⁰ 16’ 36” E.

3. Transfer areas:

a) For Hon Khoi Port:

- For vessels with a deadweight tonnage from 1,000 DWT to 4,000 DWT: at the position with the coordinates: 12⁰ 36’ 36” N; 109⁰ 13’ 45” E.

- For vessels with a deadweight tonnage from 4,000 DWT to 10,000 DWT: at the position with the coordinates: 12⁰ 36’ 47” N; 109⁰ 14’ 54” E.

b) For Van Phong Bay transfer area: for oil tankers with a deadweight tonnage of up to and including 100,000 DWT with appropriate draft: at positions VP4, VP5 with the coordinates:

- VP4. 12⁰ 34’ 00” N; 109⁰ 19’ 12” E.

- VP5. 12⁰ 32’ 30” N; 109⁰ 21’ 48” E.

Article 4.

1. The Nha Trang Port Authority shall perform its duties and powers as prescribed by the Vietnam Maritime Code and related legal documents for all maritime activities within the waters of coastal ports under the jurisdiction of Khanh Hoa Province and the Ca Na Port waters under the jurisdiction of Ninh Thuan Province, as announced in Decision No. 115/1999/QD-PCVT dated January 13, 1999, issued by the Minister of Transport.

2. The Nha Trang Port Authority shall, based on actual conditions regarding weather, waves, drafts, and vessel tonnage, designate specific locations for anchoring, transferring, and typhoon shelters within the water areas specified in Article 3 of this Decision, ensuring maritime safety and environmental hygiene.

Article 5. Outside the water areas specified in Articles 2, 3, and 4 of this Decision, the Nha Trang Port Authority also has the responsibility to manage state affairs concerning maritime order and safety in the sea areas under the jurisdiction of Khanh Hoa Province and Ninh Thuan Province.

Article 6. This Decision shall take effect fifteen days after its publication in the Official Gazette and shall replace Decision No. 1634/PC-VT dated August 18, 1993, concerning the waters of the Nha Trang Port and the area of responsibility of the Nha Trang Port Office, and any previous regulations that conflict with this Decision.

Article 7. The Heads of the Ministry's Office, the Directors of the Departments under the Ministry, the Director of the Vietnam Maritime Administration, the Director of the Vietnam Inland Waterways Administration, the Director of the Department of Transport and Logistics of Khanh Hoa Province, the Director of the Department of Transport and Logistics of Ninh Thuan Province, the Director of the Nha Trang Port Office, the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Decision./.