Circular No. 44/2016/TT-BGTVT announcing the waters of the seaport within the jurisdiction of Thanh Hoa Province and the management area of the Thanh Hoa Maritime Port Supervision Authority

CIRCULAR

Announcing the port waters area under the jurisdiction of Thanh Hoa province andthe management area of Thanh Hoa Port Maritime Administration

Based on the Vietnam Maritime Code dated 14 the 06 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;05;

Pursuant to DecreeNo. 107/2012/NĐ-CP dated December 20, 201212 of Chapter"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."nh phủ quPursuant to the detailed provisions of some articles of the Vietnam Maritime Code regarding management of maritime activities;uRights and duties and enterprises, The Minister of Transport hereby promulgates

WHEREAS,ứ Decree No. 21/2012/NĐ-CP012/NĐ-CP datedtoMarch 21, 2012 of the Government on port management"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."and reason maritime transport; lOn the basis of

opinions intention of the people of Nghe An province at Circular No. 4636/UBND-CN dated June 29, 2016; of the National Assembly; Department of Transport of Thanh Hoa province in Circular number 2301/SGTVT-QLVT dated June 9, 2016 (authorized by the People's Committee of Thanh Hoa province at Circular No. 5554/UBND-CN dated June 1, 2016); Department of Transport of Ninh Binh province at Circular No. 1680/SGTVT-KCHT dated July 19, 2016 (authorized by the People's Committee of Ninh Binh province at Circular No. 282/UBND-VP4 dated May 27, 2016);

the Director request of the Director of Legal Department and the Director of Vietnam Maritime Administration;

These regulations apply to organizations and individuals involved in the inspection, supervision, evaluation, and acceptance of quality of public services ensuring maritime safety. vof the Ministry of Transport to issue Circular the announcement of the port waters of Thanh Hoa province Thanh Hoa and the management area of Thanh Hoa Port Maritime Administration .

Article 1. Announcing the port water area within the jurisdiction of Thanh Hoa province

Announcing the port waters of Thanh Hoa province, including:

1. The port waters of Thanh Hoa province at Le Mon area;

2. The port waters of Thanh Hoa province at Nghi Son area.

Article 2. Scope of the port waters under the jurisdiction of Thanh Hoa province

The scope of the port waters of Thanh Hoa province under the jurisdiction of Thanh Hoa province is defined according to the highest tidal level as follows:

1. The scope of the port waters of Thanh Hoa province at Le Mon area:

a) The boundary towards the sea is 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 point protruding northward from Trao Lach Mouth - Ma River);

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 point protruding southward from Trao Lach Mouth - Ma River).

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

2. The scope of the port waters of Thanh Hoa province at Nghi Son area:

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

NS1: 19°23'36" N, 105°47'00" E;

NS2: 19°23'36" N, 106°08'06" E;

NS3: 19°15'39" N, 106°08'06" E;

NS4: 19°15'39" N, 105°53'22" E;

NS5: 19°17'17" N, 105°48'10" E.

b) The boundary towards the mainland: from point NS1 running along the coast southward to point NS5.

3. The boundaries of the port waters specified in this Circular are determined on the Chart IA-100-05, second edition 2008 of the Vietnam Navy. Coordinates of the points specified in this Circular are applied according to the VN-2000 Coordinate System and converted to the WGS-84 Coordinate System as follows:

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

The Director of Vietnam Maritime Administration shall organize the announcement of pilot pick-up and drop-off areas, quarantine zones, anchorage areas, transshipment areas, and storm shelters for vessels entering and leaving the Thanh Hoa port waters and other water areas and zones as prescribed.

Article 4. Responsibilities of Thanh Hoa Port Maritime Administration and related agencies

1. Thanh Hoa Port Maritime Administration:

a) Implement tasks and powers as prescribed by the Vietnam Maritime Code and relevant laws concerning maritime activities in the port waters under the jurisdiction of Thanh Hoa province.

b) Based on actual conditions, draft, displacement, tonnage of vessels, and nature of cargo, designate specific locations for vessels to pick up and drop off pilots, undergo quarantine, anchor, transship, and avoid storms within the prescribed waters, ensuring maritime safety, maritime security, and environmental protection.

2. Vietnam Inland Waterway Administration: Organize management, ensure safety, security, and prevent environmental pollution on the Bach Lang - Hon Me inland waterway route as prescribed by law.

Article 5. The State management responsibility for maritime affairs in the sea area under the jurisdiction of Thanh Hoa Province and Ninh Binh Province.

Outside the scope of the maritime port waters defined in Article 2 of this Circular, the Thanh Hoa Maritime Port Office shall be responsible for State management of maritime safety, maritime security, and prevention of environmental pollution in the sea area under the jurisdiction of Thanh Hoa Province and Ninh Binh Province.

Article 6. Effectiveness

This Circular takes effect from March 1, 2017. The Decision No. 43/2007/QD-BGTVT dated August 28, 2007 of the Minister of Transport on announcing the maritime port waters under the jurisdiction of Thanh Hoa Province and the management area of the Thanh Hoa Maritime Port Office is hereby repealed.

Article 7. Implementation Organization

The Director of the Ministry's Office, the Director of the Ministry's Inspectorate, Heads of Departments, Directors of the Vietnam Maritime Administration, Directors of the Vietnam Inland Waterways Administration, Directors of the Department of Transport of Thanh Hoa Province, Directors of the Department of Transport of Ninh Binh Province, Directors of the Department of Transport of Nghe An Province, Directors of the Thanh Hoa Maritime Port Office, Directors of the Nghe An Maritime Port Office, Heads of agencies, organizations, and individuals concerned shall be responsible for implementing this Circular./.