Decision No. 42/2007/QD-BGTVT on announcing the waters of seaports within the jurisdiction of Quang Ninh Province and the management area of the Quang Ninh Maritime Branch

Article 1.

1. The waters of the marine ports within the jurisdiction of Quảng Ninh Province, including:

a) The waters before the port bridges and wharfs of the following marine ports:

 - Hòn Gai Marine Port: Hòn Gai Passenger Wharf, Cái Lân General Wharf, B12 Oil Wharf, Hạ Long Shipyard;

- Cẩm Phả Marine Port: Cẩm Phả Coal Wharf;

- Mũi Chùa Marine Port: Mũi Chùa Wharf;

- Vạn Gia Cargo Transfer Area.

b) The maritime area of the port channel, branch channels, pilot reception areas, quarantine zones, anchorage areas, transshipment areas, and storm shelters of the ports specified in point a of this clause.

2. The waters before the port bridges and wharfs, anchorage areas, storm shelters, and other cargo transfer areas shall be announced in accordance with the provisions of the law.

Article 2.

The scope of the waters of the marine ports within the jurisdiction of Quảng Ninh Province is measured according to the highest tidal level and is defined as follows:

1. Hòn Gai Marine Port: bounded by straight lines connecting the following points:

HG1: 20°57'32"N, 107°03'19"E;

HG2: 20°52'40"N, 107°03'18"E;

 HG3: 20°52'07"N, 107°04'46"E;

HG4: 20°51'44"N, 107°05'40"E;

HG5: 20°51'25"N, 107°05'54"E;

HG6: 20°49'56"N, 107°06'36"E;

 HG7: 20°48'58"N, 107°07'27"E;

HG8: 20°48'17"N, 107°07'54"E;

 HG9: 20°47'03"N, 107°08'14"E;

HG10: 20°46'18"N, 107°08'29"E;

HG11: 20°45'24"N, 107°08'52"E;

HG12: 20°44'31"N, 107°09'21"E;

HG13: 20°42'36"N, 107°09'20"E;

 HG14: 20°42'36"N, 107°11'20"E;

HG15: 20°44'23"N, 107°11'19"E;

HG16: 20°46'48"N, 107°10'22"E;

 HG17: 20°47'39"N, 107°09'59"E;

HG18: 20°50'30"N, 107°08'52"E;

HG19: 20°51'38"N, 107°07'31"E;

HG20: 20°52'22"N, 107°06'19"E;

HG21: 20°56'16"N, 107°04'16"E;

HG22: 20°56'48"N, 107°04'14"E, running along the southwestern coast of Hòn Gai to the foot of Bãi Cháy Bridge on the Hòn Gai side, connecting to point HG23;

HG23: 20°57'33"N, 107°03'46"E;

 HG24: 20°58'24"N, 107°04'06"E;

HG25: 20°58'48"N, 107°04'06"E;

HG26: 20°59'30"N, 107°04'42"E;

HG27: 20°59'30"N, 107°01'46"E;

HG28: 20°58'36"N, 107°01'46"E, running along the Hạ Long Shipyard Wharf to the Cái Lân General Wharf, B12 Oil Wharf, the foot of Bãi Cháy Bridge on the Bãi Cháy side, connecting to point HG1.

2. Cẩm Phả Marine Port: bounded by straight lines connecting the following points:

CP1: 21°01'04"N, 107°21'33"E;

CP2: 20°59'58"N, 107°21'48"E;

CP3: 20°59'24"N, 107°21'25"E;

CP4: 20°59'16"N, 107°21'20"E;

CP5: 20°58'58"N, 107°20'31"E;

CP6: 20°58'48"N, 107°18'56"E;

CP7: 20°58'54"N, 107°18'18"E;

CP8: 20°58'42"N, 107°17'18"E;

CP9: 20°58'34"N, 107°16'56"E, running along the southern edge of Hòn Ót to point CP10;

CP10: 20°58'28"N, 107°16'42"E;

 CP11: 20°58'25"N, 107°15'48"E;

 CP12: 20°57'02"N, 107°15'04"E;

CP13: 20°52'10"N, 107°14'55"E;

 CP14: 20°48'34"N, 107°16'09"E;

From point CP14 connected by straight lines to points HG15, HG12, HG13, HG14, and connecting to point CP15;

CP15: 20°48'16"N, 107°20'20"E, running along the western edge of Ngọc Vừng Island to point CP16;

CP16: 20°51'14"N, 107°19'44"E;

CP17: 20°52'33"N, 107°19'30"E, running along the western edge of Vạn Cảnh Island to point CP18;

CP18: 21°53'44"N, 107°19'36"E;

CP19: 21°54'20"N, 107°20'04"E;

CP20: 20°54'22"N, 107°20'27"E, running along the northern edge of Đống Chén Island to point CP21;

CP21: 20°56'39"N, 107°24'54"E;

CP22: 20°58'59"N, 107°22'52"E;

CP23: 21°00'18"N, 107°22'28"E;

CP24: 21°01'42"N, 107°22'28"E;

CP25: 21°02'03"N, 107°22'07"E;

CP26: 21°01'55"N, 107°21'54"E, running along the Cẩm Phả Wharf to point CP1.

3. Mũi Chùa Marine Port: bounded by a straight line crossing the Tiên Yên River 300 meters upstream from the port bridge, running along the riverbank and a straight line parallel to the port bridge 300 meters from the outer edge of the port bridge to a straight line crossing the river 300 meters downstream from the port bridge.

4. Vạn Gia Cargo Transfer Area: bounded by straight lines connecting the following points:

VG1: 21°21'54"N, 107°49'23"E;

VG2: 21°20'00"N, 107°50'38"E;

VG3: 21°19'30"N, 107°49'24"E;

VG4: 21°22'18"N, 107°48'36"E;

VG5: 21°24'00"N, 107°54'30"E;

VG6: 21°24'38"N, 108°01'00"E;

VG7: 21°22'18"N, 108°01'00"E;

VG8: 21°22'18"N, 107°59'56"E;

VG9: 21°23'51"N, 107°59'59"E, running along the northern edge of Vĩnh Thực Island to point VG1.

Article 3.

The pilot reception and disembarkation zones, quarantine zones, anchorage areas, cargo transfer areas, and storm shelters for vessels entering and leaving the marine ports within the jurisdiction of Quảng Ninh Province are defined as follows:

1. Pilot Station and Quarantine Area:

a) Hòn Gai Marine Port:

- For vessels during normal weather conditions: the water area is limited by a circle with a radius of 0.4 nautical miles, centered at coordinates: 20°43'24"N, 107°10'18"E;

- For vessels during bad weather conditions: the water area is limited by a circle with a radius of 0.25 nautical miles, centered at coordinates: 20°49'00"N, 107°08'06"E;

- For Vietnamese vessels with a deadweight tonnage up to 5,000 DWT: the water area is limited by a circle with a radius of 0.4 nautical miles, centered at coordinates: 20°52'30"N, 107°04'54"E.

b) Cẩm Phả Marine Port:

- For vessels during normal weather conditions: the water area is limited by a circle with a radius of 0.4 nautical miles, centered at coordinates: 20°43'24"N, 107°10'18"E;

- For vessels during bad weather conditions: the water area is limited by a circle with a radius of 0.5 nautical miles, centered at coordinates: 20°49'12"N, 107°17'00"E;

- For Vietnamese vessels with a deadweight tonnage up to 5,000 DWT: the water area is limited by a circle with a radius of 0.3 nautical miles, centered at coordinates: 20°57'42"N, 107°20'18"E.

c) Mũi Chùa Marine Port: the water area is limited by a circle with a radius of 0.4 nautical miles, centered at coordinates: 21°15'05"N, 107°40'51"E.

d) Vạn Gia Cargo Transfer Area: the water area is limited by a circle with a radius of 0.5 nautical miles, centered at coordinates: 21°22'48"N, 108°00'30"E.

2. Anchorage areas, transshipment areas, and storm shelters:

a) Hòn Gai Marine Port:

- For dry cargo vessels with a deadweight tonnage over 30,000 DWT and a draft up to 9.5 meters at the following coordinates:

HL6: 20°56'42"N, 107°03'30"E;

HL7: 20°56'26"N, 107°03'34"E;

HL8: 20°56'12"N, 107°03'42"E.

- For dry cargo vessels with a deadweight tonnage over 30,000 DWT and a draft over 9.5 meters at the following coordinates:

HL11: 20o51'36" N, 107o07'06" E;

HL12: 20o51'42" N, 107o06'36" E;

HL15: 20o51'48" N, 107o06'12" E.

- For dry cargo vessels with a deadweight tonnage up to 30,000 DWT at the following coordinates:

HL1: 20°56'09"N, 107°04'00"E;

HL2: 20o56'28" N, 107o03'52" E;

HL3: 20o56'38" N, 107o03'50" E;

HL4: 20o56'48" N, 107o03'45" E;

HL5: 20°57'00" N, 107°03'42" E.

 - Allow dangerous goods cargo ships at position HL9 with coordinates: 20°52'50" N, 107°04'00" E.

- Allow oil tankers with a deadweight tonnage up to 3,000 DWT to wait at Oil Port B12 at position HL10 with coordinates: 20°58'00" N, 107°03'45" E.

- Allow oil tankers with a deadweight tonnage over 3,000 DWT to wait at Oil Port B12 at the following positions with coordinates:

HL13: 20°50'46" N, 107°07'32" E;

HL14: 20°50'24" N, 107°07'40" E.

- For vessels entering and leaving Haiphong Seaport but must anchor, transfer cargo, or avoid typhoons at Haiphong Seaport, they shall be carried out at positions HL2, HL3, HL4, HL5, HL11, HL12, and HL15. The cargo transfer of vessels anchoring at these positions within the jurisdiction of Haiphong City must cease before December 31, 2009.

b) Cẩm Phả Marine Port:

- Allow dry cargo ships with a deadweight tonnage of 20,000 DWT or more at the following positions with coordinates:

HN1: 20°54'07" N, 107°16'18" E;

HN2: 20°54'30" N, 107°16'30" E;

 HN3: 20°54'53" N, 107°16'45" E;

HN4: 20°55'15" N, 107°16'59" E;

HN5: 20°55'39" N, 107°17'18" E;

HN6: 20°55'58" N, 107°17'33" E;

HN7: 20°55'08" N, 107°17'35" E;

HN8: 20°55'25" N, 107°17'47" E;

 HN9: 20°55'43" N, 107°17'58" E.

- Allow dry cargo ships with a deadweight tonnage under 20,000 DWT at the following positions with coordinates:

HN10: 20°55'26" N, 107°16'23" E;

HN11: 20°55'09" N, 107°16'12" E;

HN12: 20°54'48" N, 107°16'02" E;

HN13: 20°54'22" N, 107°15'46" E;

HN14: 20°53'36" N, 107°15'46" E;

HN15: 20°53'00" N, 107°16'12" E;

CO1: 20°57'06" N, 107°18'56" E;

CO2: 20°57'19" N, 107°19'20" E.

- Allow dry cargo ships with a deadweight tonnage up to 10,000 DWT at the following positions with coordinates:

CO4: 20°58'22" N, 107°21'22" E;

CO5: 20°58'45" N, 107°22'00" E;

CO6: 20°58'51" N, 107°22'18" E.

 - Allow oil tankers at the following positions with coordinates:

HN16: 20°55'56" N, 107°16'30" E;

HN17: 20°57'00" N, 107°17'36" E;

HN18: 20°56'54" N, 107°17'09" E.

- Allow dangerous goods cargo ships at the following position with coordinates:

CO3: 20°57'44" N, 107°19'55" E.

c) Mui Chua Seaport:

 - Allow dry cargo ships at the following positions with coordinates:

VH1: 21°12'45" N, 107°37'43" E;

VH2: 21°13'00" N, 107°38'26" E;

VH3: 21°13'28" N, 107°38'50" E;

VH4: 21°13'27" N, 107°39'24" E.

- Allow oil tankers and dangerous goods cargo ships at the following positions with coordinates:

VH5: 21°13'12" N, 107°32'43" E;

VH6: 21°12'48" N, 107°32'27" E;

VH7: 21°12'28" N, 107°32'52" E.

d) Van Gia Cargo Transfer Area:

 - Allow dry cargo ships with a deadweight tonnage up to 10,000 DWT at the following positions with coordinates:

VG12: 21°23'57" N, 107°57'09" E;

VG13: 21°23'55" N, 107°56'50" E;

VG14: 21°23'51" N, 107°56'39" E;

VG15: 21°23'45" N, 107°56'29" E;

VG16: 21°23'55" N, 107°56'27" E.

- Allow oil tankers at the following positions with coordinates:

VG10: 21°24'05" N, 107°57'46" E;

VG11: 21°24'00" N, 107°57'29" E;

Article 4.

1. The Quang Ninh Maritime Branch is responsible for:

a) Performing tasks and exercising powers as prescribed by the Vietnam Maritime Code and related legal documents concerning maritime activities within the waters of seaports located within the jurisdiction of Quang Ninh Province.

b) Based on actual conditions regarding weather, waves, drafts, and the tonnage of vessels, designate specific locations for vessels to pick up pilots, undergo quarantine, anchor, transfer cargo, and avoid typhoons within the waters specified in Article 3 of this Decision, ensuring maritime safety, maritime security, and environmental protection.

2. Responsibilities for joint management between the Quang Ninh Maritime Branch and the Hai Phong Maritime Branch:

a) The Quang Ninh Maritime Branch is responsible for designating specific locations for vessels to anchor, transfer cargo, and avoid typhoons based on actual conditions regarding weather, waves, drafts, and the tonnage of vessels, for vessels entering and leaving Hai Phong Seaport but must anchor, transfer cargo, and avoid typhoons at Hai Phong Seaport, and promptly notify the Hai Phong Maritime Branch.

b) The Hai Phong Maritime Branch is responsible for:

- Requesting the Quang Ninh Maritime Branch to designate specific locations for vessels to anchor, transfer cargo, and avoid typhoons;

- Notifying the Quang Ninh Maritime Branch of the name, nationality, main technical specifications, and other necessary information of vessels at least two hours before the vessels reach the boundary of Hai Phong Seaport waters;

- Notifying the Quang Ninh Maritime Branch of the movement of vessels from their designated anchorage, cargo transfer, and typhoon avoidance locations to enter the waters managed by the Hai Phong Maritime Branch at least one hour before the vessels depart;

- Processing procedures for vessels entering and leaving positions HL2, HL3, HL4, HL5, HL11, HL12, and HL15 for anchoring, cargo transfer, and typhoon avoidance.

Article 5.

Outside the waters of the seaports specified in Articles 2 and 3 of this Decision, the Quang Ninh Maritime Branch also has the responsibility to manage state affairs concerning maritime safety and maritime security in the sea areas within the jurisdiction of Quang Ninh Province.

Article 6.

1. This Decision takes effect fifteen days after its publication in the Official Gazette.

2. Repeal Decision No. 2790/2002/QĐ-BGTVT dated August 30, 2002, of the Minister of Transport regarding the waters of seaports within the jurisdiction of Quang Ninh Province and the area of responsibility of the Quang Ninh Maritime Branch, and previous regulations that conflict with this Decision.

Article 7.

The Director 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 Waterway 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 concerned are responsible for implementing this Decision.