Circular No. 43/2018/TT-BGTVT on mandatory pilotage zones in Vietnam

CIRCULAR

Regulations on Compulsory Pilotage Areas for Maritime Navigation in Vietnam

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Pursuant to the Maritime Code of Vietnam Hdated 25 ENVIRONMENTJune 2024;energy 11 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;15;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 70/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for providing maritime safety services;

Pursuant to Decree No. 58/2017/NĐ-CP dated May 10, 2017 of the Government detailing certain provisions of the Maritime Code of Vietnam;

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

The Minister of Transport hereby issues this Circular on compulsory pilotage areas for maritime navigation in Vietnam.

Article 1. Scope of Regulation

This Circular stipulates regulations on compulsory pilotage areas for maritime navigation in Vietnam.

Article 2. Applicability

This Circular applies to:

1. Ship owners or ship operators, managers, and captains of vessels operating within compulsory pilotage areas for maritime navigation in Vietnam.

2. Pilotage organizations and pilots.

3. Agencies, organizations, and individuals related to compulsory pilotage areas for maritime navigation in Vietnam.

Article 3. Principles for Establishing, Announcing, and Assigning Compulsory Pilotage Areas and Vessel Guidance Routes

1. Compulsory pilotage areas are established based on the scope of operations, operational capacity of pilotage organizations, characteristics of port water areas including pilot transfer zones, density of vessels, meteorological and hydrological conditions within compulsory pilotage areas to ensure maritime safety, maritime security, and environmental pollution prevention.

2. A compulsory pilotage area may include one or more vessel guidance routes.

3. Announcing vessel guidance routes, organizing the assignment of compulsory pilotage areas or vessel guidance routes to pilotage organizations must ensure stability, maritime safety, maritime security, and environmental pollution prevention without disrupting existing vessel guidance routes assigned to other pilotage organizations.

Article 4. Compulsory Pilotage Areas

1. Area 1: Compulsory pilotage area from Quang Ninh Province to Nam Dinh Province:

From pilot transfer zones to wharfs, mooring buoys, ports, anchorage areas, cargo transfer zones, typhoon shelters, shipbuilding and repair yards in port waters under the jurisdiction of Quang Ninh Province, Thai Binh Province, Nam Dinh Province, and Haiphong City.

2. Area 2: Compulsory pilotage area from Thanh Hoa Province to Quang Tri Province:

From pilot transfer zones to wharfs, mooring buoys, ports, anchorage areas, cargo transfer zones, typhoon shelters, shipbuilding and repair yards in port waters under the jurisdiction of Thanh Hoa Province, Nghe An Province, Ha Tinh Province, Quang Binh Province, and Quang Tri Province.

3. Area 3: Compulsory pilotage area from Thua Thien Hue Province to Quang Ngai Province:

From pilot transfer zones to wharfs, mooring buoys, ports, anchorage areas, cargo transfer zones, typhoon shelters, shipbuilding and repair yards in port waters under the jurisdiction of Da Nang City, Thua Thien Hue Province, Quang Nam Province, and Quang Ngai Province.

4. Area 4: Compulsory pilotage area from Binh Dinh Province to Phu Yen Province:

From pilot transfer zones to wharfs, mooring buoys, ports, anchorage areas, cargo transfer zones, typhoon shelters, shipbuilding and repair yards in port waters under the jurisdiction of Binh Dinh Province and Phu Yen Province.

5. Area 5: Compulsory pilotage area from Khanh Hoa Province to Ninh Thuan Province:

From pilot transfer zones to wharfs, mooring buoys, ports, anchorage areas, cargo transfer zones, typhoon shelters, shipbuilding and repair yards in port waters under the jurisdiction of Khanh Hoa Province and Ninh Thuan Province.

6. Area 6: Compulsory pilotage area under the jurisdiction of Binh Thuan Province, Ba Ria-Vung Tau Province, Dong Nai Province, Binh Duong Province, Long An Province, Ho Chi Minh City, and provinces along the Mekong River:

From pilot transfer zones to wharfs, mooring buoys, ports, anchorage areas, cargo transfer zones, typhoon shelters, shipbuilding and repair yards in port waters under the jurisdiction of Binh Thuan Province, Ba Ria-Vung Tau Province, Dong Nai Province, Binh Duong Province, Long An Province, Ho Chi Minh City, and provinces along the Mekong River.

7. Area 7: Compulsory pilotage area under the jurisdiction of provinces and cities along the Hau River, Tra Vinh Province, Bac Lieu Province, Kien Giang Province, and Ca Mau Province:

From pilot transfer zones to wharfs, mooring buoys, ports, anchorage areas, cargo transfer zones, typhoon shelters, shipbuilding and repair yards in port waters under the jurisdiction of provinces and cities along the Hau River, Tra Vinh Province, Bac Lieu Province, Kien Giang Province, and Ca Mau Province.

8. Area 8: Compulsory pilotage area at offshore oil and gas exploitation zones in Vietnam's territorial waters:

From pilot transfer zones to oil storage vessels at offshore oil terminals, oil and gas facilities at oil and gas fields in Vietnam's territorial waters.

Article 5. Activities related to marine pilotage services in mandatory pilotage areas

1. Marine pilotage organizations operating in mandatory pilotage areas shall have the obligation to provide marine pilotage services on assigned vessel routing, ensuring service quality, maritime safety, maritime security, and environmental pollution prevention in accordance with the provisions of the law.

2. In a mandatory pilotage area where two or more marine pilotage organizations operate, these organizations must have a Regulation on cooperation in providing marine pilotage services. The Vietnam Maritime Administration shall take the lead in organizing the development of a cooperation regulation among marine pilotage organizations to ensure the management of marine pilotage service provision activities in compliance with the law. Based on the specific characteristics of each mandatory pilotage area, the cooperation regulation for marine pilotage services shall include the following main contents:

a) Communication information of cooperating marine pilotage organizations;

b) Daily vessel routing plans of marine pilotage organizations;

c) Cooperation among marine pilots during vessel routing, especially when vessels pass through narrow channels, turning areas, restricted zones, overtaking areas, or areas with high vessel traffic density;

d) Notification of vessel routing situations in necessary cases such as accidents, incidents, or the discovery of dangerous obstructions affecting maritime operations;

e) Support for arranging marine pilots for vessel routing if a marine pilotage organization cannot meet the service provision requirements at a certain time; the arranged marine pilot must meet the relevant legal requirements;

f) Allocation of marine pilots for vessel routing from wharves, mooring buoys, ports, anchorage areas, transshipment areas, storm shelters, shipbuilding and repair yards to other wharves, mooring buoys, ports, anchorage areas, transshipment areas, storm shelters, shipbuilding and repair yards within the mandatory pilotage area;

g) Material and equipment support;

h) Other contents (if any).

3. A marine pilot holding a certificate of operation in two or more mandatory pilotage areas and meeting the relevant legal requirements may route vessels in these mandatory pilotage areas upon the agreement of the marine pilotage management organization and the marine pilotage organization assigned to operate in that mandatory pilotage area.

Article 6. Effectiveness

This Circular takes effect from October 1, 2018, and replaces Circular No. 58/2011/TT-BGTVT dated November 28, 2011, issued by the Minister of Transport regarding mandatory pilotage areas in Vietnam.

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 Waterway Administration, Directors of Provincial Departments of Transport, General Directors of the Northern Marine Safety Assurance Corporation, General Directors of the Southern Marine Safety Assurance Corporation, Directors of Marine Port Authorities, Directors of marine pilotage organizations, and related agencies, organizations, and individuals are responsible for implementing this Circular./.