Decision No. 35/2007/QĐ-BGTVT announcing the water areas of seaports belonging to Tiền Giang, Vĩnh Long, Bến Tre provinces and the management area of Mỹ Tho Maritime Port Office.

Pursuant to …;

Announcing the waters of seaports located in the provinces of Tien Giang, Vinh Long, Ben Tre, and the area under the management of My Tho Maritime Port Authority

_____________________________

MINISTER OF TRANSPORT

-Based on the Vietnam Maritime Code dated June 14, 2005;

-Based on 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;

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

-On the basis of the opinions of the People's Committee of Tien Giang Province in Circular No. 2475/UBND-CN dated May 10, 2007;

-On the basis of the opinions of the People's Committee of Vinh Long Province in Circular No. 1191/UBND-TH dated May 16, 2007;

-On the basis of the opinions of the People's Committee of Ben Tre Province in Circular No. 1698/UBND-CNLTS dated May 16, 2007;

-At the proposal of the Director of the Legal Department and the Director of the Vietnam Maritime Administration;

DECISION:

Article 1.

1. The waters of seaports located within the territories of the provinces of Tien Giang, Vinh Long, and Ben Tre, including:

a) The waters before the port terminals and wharves of the following seaports:

-My Tho Seaport in the territory of Tien Giang Province;

-Vinh Long Seaport in the territory of Vinh Long Province.

b) The waters of Ham Luong Cargo Transfer Area in the territory of Ben Tre Province.

c) The waters of the port channel, branch port channel, pilot station, quarantine zone, anchorage area, cargo transfer area, and storm shelter area of the seaports specified in point a of this clause.

2. The waters before the port terminals, wharves, anchorage areas, and storm shelters other than those mentioned above shall be announced in accordance with the provisions of the law.

Article 2. The scope of the waters of seaports in the provinces of Tien Giang, Vinh Long, and Ben Tre shall be measured from the highest tide level and defined specifically as follows:

1. The scope of the waters of seaports in the provinces of Tien Giang and Ben Tre:

a) The seaward boundary: delimited by straight lines connecting the following points with the following coordinates:

MT1: 10°15'24"N, 106°44'54"E (the most protruding point of the Cuoi Gate towards the South);^°MT2: 10°13'18"N, 106°48'00"E;^°MT3: 10°12'19"N, 106°57'12"E;

SR3: 10°15'00"N, 107°00'00"E;^°SR4: 10°15'00"N, 106°49'30"E;^°SR5: 10°20'00"N, 106°47'06"E.

From point SR5, follow the coastline southward to point MT4 with the coordinates: 10°45'20"E (the most protruding point of the Cuoi Gate towards the North).^°b) The boundary along the Song Tien River: from points MT1 and MT4, run along both banks of the Song Tien River to the straight line intersecting the river at points MT5 and MT6, which are 500 meters upstream from the edge of the My Tho Bridge. Points MT5 and MT6 have the following coordinates:^°MT5: 10°20'29"N, 106°19'07"E;

MT6: 10°20'08"N, 106°19'08"E.^°2. The scope of the waters of seaports in Vinh Long Province is the waters before the Vinh Long Seaport terminal, limited as follows:^°a) The upstream boundary: delimited by a straight line from a point 500 meters upstream from the edge of the Vinh Long Seaport terminal, perpendicular to the outer edge of the channel, running along the bank and the outer edge of the channel to the downstream boundary of the seaport terminal.

b) The downstream boundary: a straight line from a point 500 meters downstream from the edge of the Vinh Long Seaport terminal, perpendicular to the outer edge of the channel.^°3. The limits of the waters at the mouths of rivers and creeks along both banks of the Song Tien River: a straight line connecting the two most protruding points at the mouths of the rivers and creeks.^°Pilot stations, quarantine zones, anchorage areas, cargo transfer areas, and storm shelters for vessels entering and leaving seaports in the territories of Tien Giang, Vinh Long, and Ben Tre Provinces:

1. Pilot stations and quarantine zones: the pilot stations and quarantine zones as prescribed in the Decision of the Minister of Transport announcing the waters of seaports in the territories of Ba Ria-Vung Tau Province, Binh Thuan Province, and the area under the management of the Vung Tau Maritime Port Authority.^°2. Anchorage areas, cargo transfer areas, and storm shelters:^°a) Giao Long Anchorage Area: for vessels with a deadweight tonnage up to 5,000 DWT in areas with a radius of 350 meters, with the center located at the following coordinates:

GL1: 10°19'04"N, 106°25'41"E;^°MT2: 10°13'18"N, 106°48'00"E;^°GL2: 10°19'11"N, 106°25'29"E;

GL3: 10°19'19"N, 106°25'16"E.

b) Ham Luong Cargo Transfer Anchorage Area: for vessels with a deadweight tonnage up to 5,000 DWT in areas with a radius of 350 meters, with the center located at the following coordinates:^°HL1: 10°12'55"N, 106°21'03"E;^°HL2: 10°12'46"N, 106°21'11"E;

HL3: 10°12'36"N, 106°21'20"E.^°c) Anchorage areas, cargo transfer areas, and storm shelters within the waters of seaports in the territory of Tien Giang Province as decided by the Director of the Vietnam Maritime Administration.^°d) Other anchorage areas, cargo transfer areas, and storm shelters in the territories of Vinh Long and Ben Tre Provinces as decided by the Minister of Transport based on the proposal of the Director of the Vietnam Maritime Administration.

đ) For vessels entering and leaving seaports in the territories of Tien Giang, Vinh Long, and Ben Tre Provinces but must anchor in the waters of seaports in the territory of Ba Ria-Vung Tau Province, the Director of the Vung Tau Maritime Port Authority shall designate specific locations according to the Decision of the Minister of Transport announcing the waters of seaports in the territories of Ba Ria-Vung Tau Province, Binh Thuan Province, and the area under the management of the Vung Tau Maritime Port Authority.

1. The My Tho Maritime Port Authority shall be responsible for:

a) Performing its duties and powers as prescribed by the Vietnam Maritime Code and related laws concerning maritime activities in the waters of seaports in the territories of Tien Giang, Vinh Long, and Ben Tre Provinces.

b) Based on actual conditions regarding weather, waves, draft, and vessel tonnage, designating specific locations for vessels to anchor, transfer cargo, and seek shelter from storms in the waters specified in points a, b, and c of Clause 2 of Article 3 of this Decision, ensuring maritime safety, maritime security, and environmental protection.

Article 3. 2. Responsibilities for coordinated management between the My Tho Maritime Port Authority and the Vung Tau Maritime Port Authority for vessels entering and leaving seaports in the territories of Tien Giang, Vinh Long, and Ben Tre Provinces:

a) The My Tho Maritime Port Authority shall be responsible for:

2. Areas for anchoring, cargo transfer, and storm shelters:

a) Giao Long anchorage area: for vessels with up to 5000 DWT within areas having a radius of 350 meters, with centers located at coordinates:

GL1: 10^°19’04” N, 106^°25’41” E;

GL2: 10^°19’11” N, 106^°25’29” E;

GL3: 10^°19’19” N, 106^°25’16” E.

b) Ham Luong anchorage area for cargo transfer: for vessels with up to 5000 DWT within areas having a radius of 350 meters, with centers located at coordinates:

HL1: 10^°12’55” N, 106^°21’03” E;

HL2: 10^°12’46” N, 106^°21’11” E;

HL3: 10^°12’36” N, 106^°21’20” E.

c) Anchorage, cargo transfer, and storm shelter areas within the maritime port waters under the jurisdiction of Tien Giang Province according to the decision of the Director of the Vietnam Maritime Administration.

d) Other anchorage, cargo transfer, and storm shelter areas within the jurisdictions of Vinh Long and Ben Tre Provinces according to the decision of the Minister of Transport based on the proposal of the Director of the Vietnam Maritime Administration.

e) For vessels entering or leaving maritime ports under the jurisdictions of Tien Giang, Vinh Long, and Ben Tre Provinces but must anchor in the maritime waters of ports under the jurisdiction of Ba Ria-Vung Tau Province, the Director of the Vung Tau Marine Port Service shall designate specific locations in accordance with the Decision of the Minister of Transport announcing the maritime waters of ports under the jurisdiction of Ba Ria-Vung Tau Province, Binh Thuan Province, and the management area of the Vung Tau Marine Port Service.

Article 4.

1. The My Tho Marine Port Service has the responsibility:

a) To perform its duties and powers as prescribed by the Vietnam Maritime Code and relevant laws concerning maritime activities in the maritime waters of ports under the jurisdictions of Tien Giang, Vinh Long, and Ben Tre Provinces.

b) Based on actual conditions regarding weather, waves, drafts, and vessel tonnage, to designate specific positions for vessels to anchor, transfer cargo, and seek shelter from storms within the maritime waters specified in points a, b, and c of Clause 2, Article 3 of this Decision, ensuring maritime safety, maritime security, and environmental protection.

2. Responsibilities for coordinated management between the My Tho Marine Port Service and the Vung Tau Marine Port Service concerning vessels entering or leaving maritime ports under the jurisdictions of Tien Giang, Vinh Long, and Ben Tre Provinces:

a) The My Tho Marine Port Service has the responsibility:

- Not later than two hours before the vessels arrive at the waters of the ports in Bà Rịa - Vũng Tàu province, provide information related to the entry and departure of vessels from the ports in the provinces of Tiền Giang, Vĩnh Long, and Bến Tre to the Vũng Tàu Maritime Port Office.

- Not later than two hours before the vessels arrive at the waters of the ports in Bà Rịa - Vũng Tàu province, notify the Vũng Tàu Maritime Port Office that the vessels will enter the ports in the provinces of Tiền Giang, Vĩnh Long, and Bến Tre but must anchor and avoid storms in the waters of the ports in Bà Rịa - Vũng Tàu province.

- Carry out procedures for the entry and departure of vessels from the ports in the provinces of Tiền Giang, Vĩnh Long, and Bến Tre.

b) The Vũng Tàu Maritime Port Office shall be responsible for designating specific locations for vessels to pick up and drop off pilots, undergo quarantine, anchor, and avoid storms based on the actual situation regarding weather, waves, draft, and tonnage of vessels entering and leaving the ports in the provinces of Tiền Giang, Vĩnh Long, and Bến Tre, and notify the Mỹ Tho Maritime Port Office not later than one hour after receiving the notification.

Article 5. This Decision takes effect fifteen days after its publication in the Official Gazette and revokes any previous provisions that conflict with this Decision.

Article 6. The Head of the Ministry’s Office, the Inspector General of the Ministry, Heads of Departments under the Ministry, Directors of the Vietnam Maritime Administration, Directors of the Vietnam Inland Waterways Administration, Directors of the Transport Departments of Tiền Giang, Vĩnh Long, and Bến Tre provinces, Directors of the Mỹ Tho, Vũng Tàu, and Hồ Chí Minh City Maritime Port Offices, Heads of relevant agencies, organizations, and individuals are responsible for implementing this Decision./.