Decision No. 43/2007/QĐ-BGTVT on announcing the waters of seaports within the jurisdiction of Thanh Hoa Province and the management area of the Thanh Hoa Maritime Port Office

Pursuant to …;

Announcing the waters of seaports within the jurisdiction of Thanh Hoa Province and the management area of the Thanh Hoa Port Authority

_______________________

MINISTER OF TRANSPORT

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

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government on 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 opinion of the People's Committee of Thanh Hoa Province at Circular No. 4130/UBND-CN dated October 2, 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 Thanh Hoa Province, including:

a) The waters before the port wharf and berths of the following seaports:

- Le Mon Seaport: Le Mon Wharf;

- Nghi Son Seaport: Specialized cement factory Nghi Son Wharf and Nghi Son General Wharf.

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

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

Article 2.

The scope of the seaport waters within the jurisdiction of Thanh Hoa Province is measured according to the highest tidal water level and is defined specifically as follows:

1. Le Mon Seaport:

a) The boundary towards the sea: limited by straight lines connecting points LM1, LM2, LM3, LM4, and LM5, with the following coordinates:

LM1: 19^°47’18” N, 105^°55’00” E (the farthest protruding point of Lach Trao River Mouth - Ma River towards the North);

LM2: 19^°50’00” N, 105^°57’36” E;

LM3: 19^°50’00” N, 106^°00’00” E;

LM4: 19^°45’12” N, 106^°00’00” E;

LM5: 19^°46’42” N, 105^°54’48” E (the farthest protruding point of Lach Trao River Mouth - Ma River towards the South).

b) The boundary along the Ma River: from two points LM1 and LM5 running along both banks of the river to a straight line crossing the river, 200 meters downstream from the Hoang Long Bridge.

2. Nghi Son Seaport:

a) The boundary towards the sea: limited by straight lines connecting points NS1, NS2, NS3, NS4, NS5, and NS6, with the following coordinates:

NS1: 19^°22’12” N, 105^°47’48” E;

NS2: 19^°22’12” N, 105^°54’12” E (Gold Rock);

NS3: 19^°20’48” N, 105^°55’48” E (Dot Rock);

NS4: 19^°20’12” N, 105^°53’06” E (So Rock);

NS5: 19^°16’30” N, 105^°53’12” E;

NS6: 19^°16’30” N, 105^°48’06” E.

b) The boundary towards the mainland: from point NS1 running along the coast southward to point NS6.

Article 3.

Pilot reception zones, quarantine zones, anchorage areas, and storm shelters for vessels entering seaports within the jurisdiction of Thanh Hoa Province are defined specifically as follows:

1. Le Mon Seaport:

a) Pilot reception zones and quarantine zones: are waters limited by a circle with a radius of 01 nautical mile, with the center at the coordinates:

19^°49’00” N, 105^°58’00” E.

b) Anchorage areas, transshipment zones, and storm shelters: are waters defined in Clause 1 of Article 2 of this Decision, specific areas determined by the Director of the Vietnam Maritime Administration.

2. Nghi Son Seaport:

a) Pilot reception zones and quarantine zones: are waters limited by a circle with a radius of 01 nautical mile, with the center at the coordinates:

19^°19’12” N, 105^°52’12” E.

b) Anchorage areas, transshipment zones, and storm shelters:

- Me Island Area: is the western southern waters of Me Island limited by straight lines connecting points NS2, NS3, NS4, and NS7. Point NS7 has the coordinates: 19^°21’30” N, 105^°52’12” E (Bang Rock).

- Other anchorage areas, transshipment zones, and storm shelters: as decided by the Director of the Vietnam Maritime Administration.

Article 4.

The Thanh Hoa Port Authority is responsible for:

1. Implementing its duties and powers as prescribed by the Vietnam Maritime Code and related laws regarding maritime activities in the waters of seaports within the jurisdiction of Thanh Hoa Province.

2. Based on actual weather conditions, wave and wind conditions, draft, and tonnage of vessels, designating specific positions for vessels to receive pilots, undergo quarantine, anchor, transship, and avoid storms 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 Thanh Hoa Port Authority also has the responsibility to manage state affairs concerning maritime safety and maritime security in the sea areas within the jurisdiction of Thanh Hoa Province and Ninh Binh Province.

Article 6.

1. This Decision takes effect 15 days after its publication in the Official Gazette.

2. Abolishing Decision No. 2438/2002/QĐ-BGTVT dated August 7, 2002 of the Minister of Transport on the waters of seaports within the jurisdiction of Thanh Hoa Province and the responsibility area of the Thanh Hoa Port Authority, and previous regulations that conflict with this Decision.

Article 7.

The Head of the Ministry’s Office, the Inspector General of the Ministry, Heads of Departments under the Ministry, the Director of the Vietnam Maritime Administration, the Director of the Vietnam Inland Waterways Administration, the Directors of the Department of Transport of Thanh Hoa Province and Ninh Binh Province, the Director of the Thanh Hoa Port Authority, Heads of relevant agencies, organizations, and individuals are responsible for implementing this Decision./.