Decision No. 44/2007/QD-BGTVT on announcing the maritime area of Haiphong Seaport within the jurisdiction of Haiphong City and under the management of Haiphong Port Maritime Administration

Article 1.

1. Now announcing the maritime area of the port belonging to the administrative territory of Haiphong City including:

a) The maritime area before the port bridges and wharfs of the Haiphong Port: Vat Ca, Lilama Haiphong, Liquefied Gas Thang Long, Thang Ly, Shipbuilding Bach Dang Haiphong, Cat Ha Long, Machinery Ha Long, Gas Dai Hai, Cua Cam, Aquaculture II, Duong Xa, Transvina, Light House, Vietnam Containers, Containers Chu Ve, Total Gas Haiphong, Dong Hai, Equipment and Supplies Chu Ve, Company 128, K99, Border Guard, Petrol Products Petec Haiphong, Petrol Products Dinh Vu, Investment and Development Dinh Vu, Joint Venture Development Dinh Vu, Shipbuilding Nam Trieu, Caltex, Shipbuilding Pha Rung;

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 other wharves and berths, anchorage areas, transshipment areas, and storm shelters shall be announced in accordance with the provisions of the law.

Article 2.

The scope of the maritime area of the port belonging to the administrative territory of Haiphong City is measured according to the highest tidal level and is defined specifically as follows:

1. Seaward boundary: limited by straight lines connecting the following points with coordinates:

 HP1: 20o47'03" N, 106o50'11"E;

HP2: 20o40'03" N, 106o50'11"E;

HP3: 20o39'03" N, 107o00'11"E;

HP4: 20o40'03" N, 107o07'06"E;

HP5: 20o46'25" N, 107o07'06" E (western edge of Tuong Ruoc Con Island);

HP6: 20o47'01" N, 107o06'51" E (western edge of Giang Vong Island);

HP7: 20o47'01"N, 107o06'11" E;

HP8: 20o46'03"N, 107o06'11" E;

HP9: 20o42'44"N, 107o05'19" E (Be Island);

HP10: 20o41'48"N, 107o04'15" E (eastern edge of Duoi Buom Dong Island);

HP11: 20o42'32"N, 107o03'41" E (western edge of Guoc Island);

HP12: 20o42'27"N, 107o02'45" E (northwestern edge of Hang Trong Island);

 HP13: 20o41'33"N, 107o02'43" E (eastern edge of Nen Island);

HP14: 20o42'27"N, 107o01'11" E (southwestern edge of Rua Nui Island);

HP15: 20o47'42"N, 106o55'11" E (western edge of Phu Long Beach).

2. Landward boundary is limited as follows:

- From point HP15 running along the right bank of the Lach Huyen Channel to points HP16, HP17, HP18, and HP19, with the following coordinates:

HP16: 20o50'01" N, 106o54'17" E;

HP17: 20o50'01" N, 106o53'59" E;

HP18: 20o49'18" N, 106o53'26" E;

HP19: 20o49'17" N, 106o52'40" E (right bank of Ha Nam Canal near Lach Huyen).

- From point HP19 running along the right bank of the Ha Nam Canal to point HP20 (the end point on the right bank of the Ha Nam Canal, adjacent to the Bac Dang River).

- On the Bac Dang River: From point HP20 and point HP1 running along both banks of the Bac Dang River to the latitude 20o56'43" N crossing the river and from this latitude running along both banks of the Gia River to the straight line cutting across the river 200 meters downstream from the center of the Minh Duc Dam.

- From the entrance of the Dinh Vu Canal running along both banks of the Cam River to the straight line cutting across the river 200 meters upstream from the edge of the Vat Ca port.

Article 3.

Pilot reception areas, quarantine zones, anchorage areas, transshipment areas, and storm shelters for vessels entering the port within the administrative territory of Haiphong City are defined specifically as follows:

1. Pilot reception area:

a) For vessels entering the Haiphong Port: the maritime area limited by a semicircle facing south with a radius of 02 nautical miles, with the center at the position with the following coordinates:

20o40'00" N, 106o51'00" E.

b) For vessels entering the Haiphong Port but must anchor, transship, or avoid storms at the Hon Gai Port:

- For vessels when weather conditions are normal: the maritime area limited by a circle with a radius of 0.4 nautical miles, with the center at the position with the following coordinates:

20o43'24" N, 107o10'18" E.

- For vessels when weather conditions are poor: the maritime area limited by a circle with a radius of 0.25 nautical miles, with the center at the position with the following coordinates:

20o49'00" N, 107o08'06" E.

- For Vietnamese vessels with a deadweight tonnage up to 5,000 DWT: the maritime area limited by a circle with a radius of 0.4 nautical miles, with the center at the position with the following coordinates:

20o52'30" N, 107o04'54" E.

2. Quarantine zone:

a) For vessels entering the Haiphong Port:

- For vessels with a deadweight tonnage of 3,000 DWT or more: the maritime area defined in point a of Clause 1 of this Article.

- For vessels with a deadweight tonnage under 3,000 DWT: the anchorage area on the Bac Dang River defined in point e of Clause 3 of this Article.

b) For vessels entering the Haiphong Port but must anchor, transship, or avoid storms at the Hon Gai Port: the maritime area defined in point b of Clause 1 of this Article.

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

a) On the Bac Dang River:

- Bac Dang Area: for dry cargo vessels with a deadweight tonnage up to 6,000 DWT, at positions from BD1 to BD9, with the following coordinates:

BD1: 20o51'06" N, 106o45'48" E;

BD2: 20o51'13" N, 106o45'41" E;

 BD3: 20o51'21" N, 106o45'36" E;

BD4: 20o51'30" N, 106o45'33" E;

BD5: 20o51'38" N, 106o45'29" E;

BD6: 20o51'50" N, 106o45'25" E;

BD7: 20o52'00" N, 106o45'19" E;

BD8: 20o52'13" N, 106o45'13" E;

BD9: 20o52'28" N, 106o45'10" E.

Specifically, positions BD7, BD8, and BD9 are designated for oil and hazardous cargo vessels with a deadweight tonnage up to 3,000 DWT to anchor and transship, but must have fire prevention and environmental pollution prevention plans approved by the competent authority.

- Ninh Tiep Area: for dry cargo vessels with suitable draft at positions with the following coordinates:

NT1: 20o47'52" N, 106o50'35" E;

NT2: 20o48'07" N, 106o50'32" E.

b) On the Cam River:

- For dry cargo vessels with a deadweight tonnage up to 3,000 DWT: in the maritime area of the Lam Wharf designated by the Haiphong Port Maritime Administration.

- For oil, liquefied gas, and chemical cargo vessels with a deadweight tonnage up to 3,000 DWT waiting to enter the Thang Ly Bridge Wharf: in the maritime area before the Thang Ly Bridge Wharf designated by the Haiphong Port Maritime Administration.

c) In Lan Ha Bay: for vessels with a deadweight tonnage up to 50,000 DWT, at positions LH1, LH2, and LH3, with the following coordinates:

LH1: 20o46'21" N, 107o06'23" E;

LH2: 20o45'33" N, 107o06'23" E;

LH3: 20o46'21" N, 107o06'35" E.

d) Cat Ba Bay anchorage area: for passenger vessels and seafood import-export vessels, at position CB1 with coordinates: 20o42'15" N, 107o03'17" E.

e) Bach Dang transshipment area: for dry cargo vessels with up to 7,000 DWT, at positions PD1, PD2, and PD3, with the following coordinates:

PD1: 20o51'17" N, 106o45'30" E;

PD2: 20o51'24" N, 106o45'27" E;

PD3: 20o51'32" N, 106o45'24" E.

g) Ninh Tien transshipment area: for dry cargo vessels with up to 15,000 DWT, at positions PT1 and PT2, with the following coordinates:

PT1: 20o47'34" N, 106o50'39" E;

PT2: 20o48'29" N, 106o50'42" E.

4. Anchorage areas, transshipment areas, and storm shelters for vessels entering Haiphong seaport but must anchor, transship, and shelter from storms in the waters of Hòn Gai seaport under the jurisdiction of Quang Ninh province: at positions HL2, HL3, HL4, HL5, HL11, HL12, and HL15 with the following coordinates:

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

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

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

HL5: 20o57'00" N, 107o03'42" E;

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

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

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

Transshipment activities of vessels entering Haiphong seaport at the positions specified in this clause must cease before December 31, 2009.

Article 4.

1. The Haiphong Maritime Port Authority shall be responsible for:

a) Implementing tasks and powers as prescribed by the Vietnam Maritime Code and related legal documents concerning maritime activities within the waters of Haiphong seaport under its jurisdiction.

b) Based on actual conditions regarding weather, waves, draft, and vessel tonnage, designate specific locations for vessels to pick up and drop off pilots, quarantine, anchor, transship, and shelter from storms within the waters defined in Article 3 of this Decision, ensuring maritime safety, maritime security, and prevention of environmental pollution.

c) Only allow oil and liquefied gas carriers to anchor and transship at the designated positions as prescribed in this Decision after fully meeting the requirements for maritime safety, fire prevention plans, and environmental pollution prevention measures approved by competent authorities.

2. Responsibilities for joint management between the Haiphong Maritime Port Authority and the Quang Ninh Maritime Port Authority:

a) The Haiphong Maritime Port Authority shall be responsible for:

- Requesting the Quang Ninh Maritime Port Authority to designate specific locations for vessels to anchor, transship, and shelter from storms;

- Notifying the Quang Ninh Maritime Port Authority of the name, nationality, main technical specifications, and other necessary information of the vessels at least two hours before the vessels reach the boundary of Hòn Gai seaport waters;

- Notifying the Quang Ninh Maritime Port Authority of the movement of vessels leaving their anchoring, transshipment, and storm shelter positions designated by the Quang Ninh Maritime Port Authority to enter the waters managed by itself at least one hour before the vessels depart;

- Processing procedures for vessels entering and leaving the positions specified in Clause 4 of Article 3 of this Decision for anchoring, transshipping, and storm sheltering.

b) The Quang Ninh Maritime Port Authority, based on actual conditions regarding weather, waves, draft, and vessel tonnage, shall designate specific locations for vessels to anchor, transship, and shelter from storms when entering and leaving Haiphong seaport but must anchor, transship, and shelter from storms at Hòn Gai seaport, and promptly notify the Haiphong Maritime Port Authority.

Article 5.

Outside the waters defined in Articles 2 and 3 of this Decision, the Haiphong Maritime Port Authority also has the responsibility for state management of maritime safety and maritime security in the sea areas under the jurisdiction of Haiphong city.

Article 6.

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

2. Repeal Decision No. 994/2003/QĐ-BGTVT dated April 9, 2003, of the Minister of Transport on the waters of seaports under the jurisdiction of Haiphong city and the area of responsibility of the Haiphong Port Authority, and previous regulations that conflict with this Decision.

Article 7.

The Head of the Ministry's Office, the Inspector General, Heads of Departments under the Ministry, the Director of the Vietnam Maritime Administration, the Director of the Vietnam Inland Waterway Administration, the Director of the Haiphong City Department of Transport, the Director of the Quang Ninh Province Department of Transport, the Directors of the Haiphong Maritime Port Authority and the Quang Ninh Maritime Port Authority, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Decision./.