Circular No. 35/2014/TT-BGTVT on the announcement of the waters of seaports within the jurisdiction of Quảng Ninh Province and the management area of the Quảng Ninh Maritime Port Office

CIRCULAR

Announcement of the port waters within the jurisdiction of Quang Ninh Province and the management area of the Quang Ninh Maritime Port Authority

of the Quang Ninh Maritime Branch Office

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

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 21/2012/NĐ-CP dated March 21, 2012 of the Government on management of seaports and maritime channels;

Based on the opinions of the People's Committee of Quang Ninh Province at Official Letter No. 4936/UBND-GT2 dated September 17, 2013, and the People's Committee of Hai Phong City at Official Letter No. 7564/UBND-GT dated October 15, 2013;

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

The Minister of Transport issues this Circular to announce the port waters within the jurisdiction of Quang Ninh Province and the management area of the Quang Ninh Maritime Port Office.

Article 1. Announcement of the port waters within the jurisdiction of Quang Ninh Province

The port waters of Quang Ninh within the jurisdiction of Quang Ninh Province include the following areas:

1. The port waters of Quang Ninh at Van Gia area.

2. The port waters of Quang Ninh at Hai Ha area.

3. The port waters of Quang Ninh at Mu Chua area.

4. The port waters of Quang Ninh at Cam Pha area.

5. The port waters of Quang Ninh at Cuu Doi area.

6. The port waters of Quang Ninh at Hon Gai area.

7. The port waters of Quang Ninh at Quang Yen area.

Article 2. Scope of the port waters within the jurisdiction of Quang Ninh Province

The scope of the port waters of Quang Ninh within the jurisdiction of Quang Ninh Province, measured from the highest tide level, is defined as follows:

1. The scope of the port waters of Quang Ninh at Van Gia area:

Limited by straight lines connecting the following points with coordinates:

VG1: 21°24'40" N, 108°01'10" E;

VG2: 21°22'20" N, 108°01'10" E;

VG3: 21°22'20" N, 108°00'06" E;

VG4: 21°23'53" N, 108°00'09" E

From point VG4 running along the northern shore of Vinh Thuc Island to point VG5 (HH2) with coordinates: 21°22'30" N, 107°50'33" E, connecting the points in sequence VG6, VG7 with the following coordinates:

VG6: 21°22'50" N, 107°50'28" E;

VG7: 21°24'02" N, 107°54'40" E.

2. The scope of the port waters of Quang Ninh at Hai Ha area:

Limited by straight lines connecting the following points with coordinates:

HH1: 21°24'44" N, 107°49'52" E;

HH2: 21°22'30" N, 107°50'33" E

From point HH2 running along the northern shore of Vinh Thuc Island to point HH3 with coordinates: 21°21'56" N, 107°49'34" E, connecting the points in sequence HH4 to HH11 with the following coordinates:

HH4: 21°20'25" N, 107°50'35" E;

HH5: 21°14'14" N, 107°56'46" E;

HH6: 21°11'32" N, 108°00'34" E;

HH7: 21°10'02" N, 107°51'52" E;

HH8: 21°08'20" N, 107°47'52" E;

HH9: 21°17'48" N, 107°47'34" E;

HH10: 21°18'58" N, 107°48'44" E;

HH11: 21°21'14" N, 107°49'14" E

From point HH11 running along the northern shore of Cai Chan Island to point HH12 with coordinates: 21°18'53" N, 107°43'22" E, connecting the points in sequence HH13, HH14 with the following coordinates:

HH13: 21°20'50" N, 107°43'22" E;

HH14: 21°21'47" N, 107°44'36" E

From point HH14 running along Dao Mieu Island to point HH15 with coordinates: 21°22'20" N, 107°45'16" E, connecting by a straight line to point HH16 with coordinates: 21°23'02" N, 107°45'46" E.

3. The scope of the port waters of Quang Ninh at Mu Chua area:

Limited by a straight line crossing the Tran Yen River 300 meters upstream from the edge of the wharf, running along the riverbank and parallel to the wharf, 300 meters from the outer edge of the wharf to a straight line crossing the river 300 meters downstream from the edge of the wharf.

4. The scope of the port waters of Quang Ninh at Cam Pha area:

Limited by straight lines connecting the following points with coordinates:

CP1: 21°02'05" N, 107°22'17" E;

CP2: 21°01'44" N, 107°22'38" E;

CP3: 21°00'20" N, 107°22'38" E;

CP4: 20°59'01" N, 107°23'02" E;

CP5: 20°56'41" N, 107°25'04" E

From point CP5 running along the northern shore of Dong Chen Island to point CP6 with coordinates: 20°54'24" N, 107°20'37" E, connecting by straight lines to points CP7, CP8 with the following coordinates:

CP7: 20°54'22" N, 107°20'14" E;

CP8: 20°53'46" N, 107°19'46" E

From point CP8 running along the western shore of Van Canh Island to point CP9 with coordinates: 20°52'35" N, 107°19'40" E, connecting by a straight line to point CP10 with coordinates: 20°51'16" N, 107°19'54" E

From point CP10 running along the western shore of Ngoc Vung Island to point CP11 with coordinates: 20°48'18" N, 107°20'30" E, connecting the points in sequence HG10, HG9, from CP12 to CP19 with the following coordinates:

HG10: 20°42'38" N, 107°11'30" E;

HG9: 20°44'25" N, 107°11'29" E;

CP12: 20°48'36" N, 107°16'19" E;

CP13: 20°52'12" N, 107°15'05" E;

CP14: 20°57'04" N, 107°15'14" E;

CP15: 20°58'58" N, 107°15'45" E;

CP16: 20°59'42" N, 107°15'33" E;

CP17: 20°59'50" N, 107°15'45" E;

CP18: 20°58'58" N, 107°16'19" E;

CP19: 20°58'30" N, 107°16'52" E

From point CP19 running along the southern shore of Ho Ot Island to point CP20 with coordinates: 20°58'36" N, 107°17'06" E, connecting by straight lines to points CP21 to CP27 with the following coordinates:

CP21: 20°58'56" N, 107°18'28" E;

CP22: 20°58'50" N, 107°19'06" E;

CP23: 20°59'00" N, 107°20'41" E;

CP24: 20°59'18" N, 107°21'30" E;

CP25: 20°59'26" N, 107°21'35" E;

CP26: 21°00'00" N, 107°21'58" E;

CP27: 21°01'06" N, 107°21'43" E

From point CP27 running along the eastern shore of Cuu Ong Ward to point CP28 with coordinates: 21°01'57" N, 107°22'04" E.

5. The scope of the port waters of Quang Ninh at Cuu Doi area:

Limited by straight lines connecting the following points with coordinates:

CD1: 21°00'32" N, 107°33'16" E;

CD2: 21°00'32" N, 107°34'10" E;

From point CD2 running along the western shore of Cao Lo Island to point CD3 with coordinates: 20°58'14" N, 107°33'40" E, connecting by straight lines to points CD4, CD5 with the following coordinates:

CD4: 20°58'08" N, 107°33'23" E;

CD5: 20°59'02" N, 107°32'52" E.

6. The scope of the port waters of Quang Ninh at Hon Gai area:

a) The maritime boundary is limited as follows:

From point HG1 with coordinates: 20°57'35" N, 107°03'56" E running along the southwestern shore of Hon Gai Ward to point HG2 with coordinates: 20°56'50" N, 107°04'24" E, connecting by straight lines to points HG3 to HG23 with the following coordinates:

HG3: 20°56'18" N, 107°04'26" E;

HG4: 20°52'24" N, 107°06'29" E;

HG5: 20°51'40" N, 107°07'41" E;

HG6: 20°50'32" N, 107°09'02" E;

HG7: 20°47'41" N, 107°10'09" E;

HG8: 20°46'50" N, 107°10'32" E;

HG9: 20°44'25" N, 107°11'29" E;

HG10: 20°42'38" N, 107°11'30" E;

HG11: 20°42'38" N, 107°09'31" E;

HG12: 20°44'33" N, 107°09'31" E;

HG13: 20°45'26" N, 107°09'02" E;

HG14: 20°46'20" N, 107°08'39" E;

HG15: 20°47'05" N, 107°08'24" E;

HG16: 20°48'19" N, 107°08'04" E;

HG17: 20°49'00" N, 107°07'37" E;

HG18: 20°49'58" N, 107°06'46" E;

HG19: 20°51'27" N, 107°06'04" E;

HG20: 20°51'46" N, 107°05'50" E;

HG21: 20°52'09" N, 107°04'56" E;

HG22: 20°52'42" N, 107°03'28" E;

HG23: 20°57'34" N, 107°03'29" E.

b) The land boundary is limited as follows:

From point HG23 running along the eastern and northern shores of Bai Chay ward towards the upstream direction to point HG24 with coordinates: 20°59'41" N, 107°01'56" E, connected by a straight line to points HG25 through HG29 in sequence, with the following coordinates:

HG25: 21°00'02" N, 107°01'56" E;

HG26: 21°00'02" N, 107°03'10" E;

HG27: 20°59'32" N, 107°04'52" E;

HG28: 20°58'50" N, 107°04'16" E;

HG29: 20°58'26" N, 107°04'16" E.

7. The scope of the Quang Ninh Sea Port water area in the Quang Yen region:

Is limited by a straight line connecting points QY1 and QY2 with the following coordinates:

QY1: 20°50'08" N, 106°52'58" E;

QY2: 20°50'11" N, 106°52'21" E

From point QY1 running along the shore of Cong Island and the right bank of the Chan River (counting from the sea towards the upstream), to the transverse line crossing the Chan River, 200 meters downstream from the Chan River Bridge.

From point QY2 running along the left bank of the Chan River (counting from the sea towards the upstream), to the transverse line crossing the Chan River, 200 meters downstream from the Chan River Bridge.

8. The boundaries of the Quang Ninh Sea Port water area, water zones, and waters defined in this Circular are determined on the following Naval Charts: Chart IA-25-01 reprinted in 1984, Chart IA-25-07 published in 2009, Chart IA-100-01 reprinted in 1982, Chart IA-25-02 reprinted in 1985, Chart IA-25-11 reprinted in 1984, Chart IA-25-14 reprinted in 1985, Chart IA-100-02 reprinted in 1997, Chart IA-25-13 reprinted in 2005, Chart IA-25-15 reprinted in 2005, Chart IA-25-16 reprinted in 2005, and Chart IA-25-19 published in 2007 of the Vietnam People's Navy. The coordinates of the points specified in Clauses 1, 2, 4, 5, 6, and 7 of this Article and Clause 2 of Article 4 of this Circular are applied according to the VN-2000 Coordinate System and converted to corresponding Coordinate Systems in the Appendix attached to this Circular.

Article 3. Pilot reception and delivery zones, quarantine zones, anchorage areas, cargo transfer areas, storm shelters, water areas, and other related water zones

1. The Director of the Vietnam Maritime Administration shall organize the announcement of the pilot reception and disembarkation areas, quarantine areas, anchorage zones, cargo transfer zones, and storm shelters for vessels entering and leaving the Quang Ninh Sea Port and other water zones and waters as prescribed.

2. Based on actual conditions, vessels entering and leaving the Haiphong Sea Port but needing to anchor for storms, unload part of their cargo before berthing at wharves within the Haiphong Sea Port or load additional cargo after partially loading at wharves within the Haiphong Sea Port in the Quang Ninh Sea Port water area, shall be arranged by the Quang Ninh Maritime Branch to one of the following positions:

a) For vessels anchoring for storms at positions with the following coordinates:

HL2: 20°56'30" N, 107°04'02" E;

HL3: 20°56'40" N, 107°04'00" E;

HL4: 20°56'50" N, 107°03'55" E;

HL5: 20°57'02" N, 107°03'52" E.

b) For vessels carrying non-polluting and non-hazardous goods shall be arranged at positions with the following coordinates:

HL11: 20°51'38" N, 107°07'16" E;

HL12: 20°51'44" N, 107°06'46" E;

HL15: 20°51'50" N, 107°06'22" E.

Vessels are not permitted to load or unload bulk cargoes such as cement, clinker, and wood chips at positions HL11, HL12, and HL15.

c) For vessels carrying polluting and hazardous goods shall be arranged at position CO3 with coordinates: 20°57'46" N, 107°20'06" E and at the Cai Lan Wharf within the Quang Ninh Sea Port.

The arrangement of vessels entering and leaving the Haiphong Sea Port but needing to anchor and unload as prescribed in this clause shall cease when the La Chinh Wharf within the Haiphong Sea Port becomes operational and meets the necessary conditions to replace it.

Article 4. Responsibilities of the Quang Ninh Marine Port Service Office and Related Parties

Clause 1. The Quang Ninh Marine Port Service Office shall have the responsibility:

a) Perform duties and exercise powers as prescribed by the Vietnam Maritime Code and related legal documents concerning maritime activities at wharves and port waters within the jurisdiction of Quang Ninh Province;

b) Based on actual weather conditions, wave and wind conditions, draft, tonnage of vessels, and nature of cargo, designate specific positions for vessels to pick up and drop off pilots, undergo quarantine, anchor, transfer cargo, and shelter from storms in accordance with regulations, ensuring maritime safety, maritime security, and environmental pollution prevention;

c) Based on actual weather conditions, wave and wind conditions, draft, and tonnage of vessels, designate specific positions for vessels to anchor and transfer cargo, and shelter from storms when entering and leaving the Haiphong Sea Port but needing to anchor and transfer cargo, and shelter from storms at the Quang Ninh Sea Port, and promptly notify the Haiphong Maritime Branch.

Clause 2. The Hai Phong Marine Port Service Office shall have the responsibility:

a) Request the Quang Ninh Maritime Branch to designate specific positions for vessels to anchor, transfer cargo, and shelter from storms when needed;

b) Notify the Quang Ninh Maritime Branch of the name, nationality, main technical specifications, and other necessary information of the vessel, type of cargo, and quantity of cargo to be loaded or unloaded at the Quang Ninh Sea Port anchorage area at least four hours before the vessel reaches the boundary of the Quang Ninh Sea Port water area;

c) Notify the Quang Ninh Maritime Branch of the movement of vessels departing from the designated anchorage, cargo transfer, and storm shelter positions at least two hours before departure;

d) Carry out procedures for vessels entering and leaving to anchor, transfer cargo, and shelter from storms at positions HL2, HL3, HL4, HL5, HL11, HL12, HL15 as prescribed.

Article 5. State management responsibilities for maritime affairs in the marine area under the jurisdiction of Quang Ninh Province

In addition to the maritime areas of the seaports specified in Article 2 of this Circular, the Quang Ninh Maritime Branch shall also be responsible for state management of maritime safety, maritime security, and environmental pollution prevention in the marine area under the jurisdiction of Quang Ninh Province.

Article 6. Effectiveness

Clause 1, Article 2; Point a, Clause 2, Article 4; Clause 5, Article 4; Point c, Clause 1, Article 5; Article 6; Column 7, Item 7; Column 8, Item 8 regarding information about members of the household in Appendix 7 (Form C); The content of the code in Column 8 in Appendix 7 (Form C) and Appendices No. 8, 9, 10 of Circular No. 21/2012/TT-BLDTBXH dated September 5, 2012 of the Ministry of Labor, Invalids and Social Affairs guiding the procedures for investigating and reviewing poor and near-poor households annually shall cease to be effective from the date this Circular takes effect.

2. Repeal Decision No. 42/2007/QD-BGTVT dated August 28, 2007 of the Minister of Transport on announcing the maritime areas of seaports within the jurisdiction of Quang Ninh Province and the management area of the Quang Ninh Maritime Branch.

3. Replace the coordinates of points HL2, HL3, HL4, HL5, HL11, HL12, and HL15 stipulated in Circular No. 31/2010/TT-BGTVT dated October 1, 2010 of the Minister of Transport on announcing the maritime areas of seaports within the jurisdiction of Hai Phong City and the management area of the Hai Phong Maritime Branch with the corresponding coordinates of points named in this Circular.

Article 7. Implementation Organization

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, Directors of the Vietnam Maritime Administration, Directors of the Vietnam Inland Waterways Administration, Directors of the Quang Ninh Department of Transport, Directors of the Hai Phong Department of Transport, Directors of the Quang Ninh Maritime Branch, Directors of the Hai Phong Maritime Branch, Heads of agencies, organizations, and individuals related to this Circular are responsible for its implementation./.