Decision No. 45/2007/QĐ-BGTVT Announces the port waters within the jurisdiction of Dong Thap Province and the management area of Dong Thap Maritime Port Office

Pursuant to …;

ANNOUNCEMENT OF THE PORT WATER AREA BELONGING TO THE PROVINCE OF DONG THAP AND THE MANAGEMENT AREA OF THE DONG THAP MARITIME 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 stipulating 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 maritime shipping channels;
Based on the opinions of the People's Committee of Dong Thap Province expressed in Circular No. 465/UBND-XDCB dated October 21, 2006;
At the proposal of the Director of the Legal Department and the Director of the Vietnam Maritime Administration,

DECISION:

Article 1.

1. The port water area belonging to the province of Dong Thap, including:

a) The water area before the port bridges and wharfs: Dong Thap, Sa Dec, and Dong Thap Oil.

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

2. Other water areas before port bridges and wharfs, anchorage areas, transshipment areas, and storm shelters shall be announced in accordance with the provisions of the law.

Article 2.

The scope of the port water area belonging to the province of Dong Thap is measured from the highest tide level and is defined specifically as follows:

1. The water area before the Dong Thap and Dong Thap Oil port bridges: bounded by a straight line across the Mekong River intersecting the edge of the Dong Thap Oil port bridge 500 meters upstream, running along the riverbank and the outer edge of the national inland waterway route to another straight line across the river intersecting the edge of the Dong Thap port bridge 500 meters downstream.

2. The water area before the Sa Dec port bridge: bounded by a straight line across the Mekong River intersecting the edge of the Sa Dec port bridge 300 meters upstream, running along the riverbank and the outer edge of the national inland waterway route to another straight line across the river intersecting the edge of the Sa Dec port bridge 500 meters downstream.

Article 3.

The pilot reception zone, quarantine zone, anchorage area, transshipment area, and storm shelter for vessels entering the port area belonging to the province of Dong Thap are defined specifically as follows:

1. Pilot reception zone and quarantine zone:

a) For vessels passing through the My Thuan Gate: the pilot reception zone and quarantine zone as stipulated in the Decision of the Minister of Transport announcing the water area of ports belonging to the provinces of Ba Ria-Vung Tau and Binh Thuan and the management area of the Vung Tau Maritime Port Authority.

b) For vessels passing through the Dinh An Gate: the pilot reception zone and quarantine zone as stipulated in the Decision of the Minister of Transport announcing the water area of the port belonging to the city of Can Tho and Vinh Long province and the management area of the Can Tho Maritime Port Authority.

2. Anchorage area and transshipment area:

a) Sa Dec anchorage area: the water area controlled by buoys at the following coordinates:

PS2: 10°19'28" N, 105°45'23" E;^°PS4: 10°19'46" N, 105°45'15" E.^°b) Sa Dec transshipment area at positions N1, N2, N3, and N4 with the following coordinates:

N1: 10°18'07" N, 105°46'12" E;^°N2: 10°18'25" N, 105°46'00" E;^°N3: 10°18'45" N, 105°45'50" E;

N4: 10°19'20" N, 105°45'30" E.

c) Upper anchorage area of My Thuan Ferry:^°- For vessels with a deadweight tonnage up to 3,000 DWT: the water area limited by two circles with a diameter of 400 meters centered at positions MT1 and MT2 with the following coordinates:^°MT1: 10°16'50" N, 105°53'25" E;

MT2: 10°17'03" N, 105°53'11" E.^°- For vessels with a deadweight tonnage up to 5,000 DWT: the water area limited by a circle with a diameter of 450 meters centered at position MT3 with the following coordinates: 10°17'15" N, 105°52'57" E.^°d) Anchorage area of Vinh Xuong - Thuong Phuoc:

- For vessels with a deadweight tonnage up to 2,000 DWT: the water area limited by a circle with a diameter of 280 meters centered at position BG1 with the following coordinates: 10°54'44" N, 105°10'52" E.^°- For vessels with a deadweight tonnage up to 5,000 DWT: the water area limited by a circle with a diameter of 380 meters centered at position BG2 with the following coordinates: 10°54'43" N, 105°11'30" E.^°đ) For vessels entering or leaving the port area belonging to the province of Dong Thap but must anchor in the port water area belonging to the provinces of Ba Ria-Vung Tau, Tien Giang, or the port water area belonging to the city of Can Tho, the Director of the Vung Tau Maritime Port Authority, the Director of the My Tho Maritime Port Authority, or the Director of the Can Tho Maritime Port Authority shall designate the specific location according to the regulations.

1. The Dong Thap Maritime Port Authority is responsible for:^°a) Implementing the tasks and powers as prescribed by the Vietnam Maritime Code and related laws concerning maritime activities in the port water area belonging to the province of Dong Thap.^°b) Based on the actual situation regarding weather, waves, draft, and vessel tonnage, designate specific locations for vessels to anchor, transship, and avoid storms within the water areas specified in points a, b, and c of Clause 2 of Article 3 of this Decision, ensuring maritime safety, maritime security, and environmental protection.

c) Handle procedures for foreign vessels from Cambodia transiting Vietnam via the Mekong River in accordance with the law.

d) Handle procedures for domestic waterway vessels departing to Cambodia via the Vinh Xuong - Thuong Phuoc border gate in accordance with the law.

2. Responsibilities for coordinated management between the Dong Thap Maritime Port Authority and the Vung Tau Maritime Port Authority, My Tho Maritime Port Authority, and Can Tho Maritime Port Authority concerning vessels entering or leaving the port area belonging to the province of Dong Thap:^°a) The Dong Thap Maritime Port Authority is responsible for:^°- Notifying the Vung Tau Maritime Port Authority or the Can Tho Maritime Port Authority of the name, nationality, main technical specifications, and other necessary information of vessels entering or leaving the port area belonging to the province of Dong Thap, at least two hours before the vessels arrive in the port water area belonging to the provinces of Ba Ria-Vung Tau or the city of Can Tho.

- Notifying the Vung Tau Maritime Port Authority, My Tho Maritime Port Authority, or Can Tho Maritime Port Authority that vessels entering the port area belonging to the province of Dong Thap but must anchor or avoid storms in the port water area belonging to the provinces of Ba Ria-Vung Tau, Tien Giang, or the city of Can Tho, at least two hours before the vessels arrive in the port water area belonging to the provinces of Ba Ria-Vung Tau, Tien Giang, or the city of Can Tho.^°17’03” N, 105^°53’11” E.

For vessels with a deadweight tonnage up to 5000 DWT: it is the water area limited by a circle with a diameter of 450 meters, the center of which is at position MT3 with coordinates: 10^°17’15” N, 105^°52’57” E.

d) Vinh Xuong - Thuong Phuoc anchorage area:

For vessels with a deadweight tonnage up to 2000 DWT: it is the water area limited by a circle with a diameter of 280 meters, the center of which is at position BG1 with coordinates: 10^°54’44” N, 105^°10’52” E.

For vessels with a deadweight tonnage up to 5000 DWT: it is the water area limited by a circle with a diameter of 380 meters, the center of which is at position BG2 with coordinates: 10^°54’43” N, 105^°11’30” E.

In the case of vessels entering or leaving the seaports within the jurisdiction of Dong Thap Province but must anchor in the water areas of seaports within the jurisdictions of Ba Ria - Vung Tau Province, Tien Giang Province, or the water areas of seaports within the jurisdiction of Can Tho City, the Director of Vung Tau Maritime Port Office, the Director of My Tho Maritime Port Office, or the Director of Can Tho Maritime Port Office shall designate the specific location according to the regulations.

Article 4.

1. The Dong Thap Maritime Port Office shall be responsible for:

a) Implementing tasks and powers as prescribed by the Vietnam Maritime Code and related laws concerning maritime activities in the water areas of seaports within the jurisdiction of Dong Thap Province.

b) Based on the actual situation regarding weather, waves, drafts, and the deadweight tonnage of vessels, designate specific locations for vessels to anchor, transfer cargo, and avoid storms in the designated water areas as stipulated in points a, b, and c of Clause 2, Article 3 of this Decision, ensuring maritime safety, maritime security, and environmental protection.

c) Handle procedures for foreign vessels from Cambodia transiting through Vietnam via the Mekong River in accordance with the law.

d) Handle procedures for inland waterway vessels departing for Cambodia via the Vinh Xuong - Thuong Phuoc border gate in accordance with the law.

2. Responsibilities for coordinated management between the Dong Thap Maritime Port Office and the Vung Tau Maritime Port Office, My Tho Maritime Port Office, and Can Tho Maritime Port Office concerning vessels entering or leaving seaports within the jurisdiction of Dong Thap Province:

a) The Dong Thap Maritime Port Office shall be responsible for:

- Notifying the Vung Tau Maritime Port Office or the Can Tho Maritime Port Office of the name, nationality, main technical specifications, and other necessary information of vessels entering or leaving seaports within the jurisdiction of Dong Thap Province, at least two hours before the vessels reach the water areas of seaports within the jurisdiction of Ba Ria - Vung Tau Province or the water areas of seaports within the jurisdiction of Can Tho City.

- Notifying the Vung Tau Maritime Port Office, My Tho Maritime Port Office, or Can Tho Maritime Port Office about vessels entering seaports within the jurisdiction of Dong Thap Province but must anchor or avoid storms in the water areas of seaports within the jurisdictions of Ba Ria - Vung Tau Province, Tien Giang Province, or the water areas of seaports within the jurisdiction of Can Tho City, at least two hours before the vessels reach the water areas of seaports within the jurisdictions of Ba Ria - Vung Tau Province, Tien Giang Province, or the water areas of seaports within the jurisdiction of Can Tho City.

- Carry out procedures for vessels entering and leaving coastal ports within the jurisdiction of Dong Thap Province.

b) The Vung Tau Port Office, My Tho Port Office, and Can Tho Port Office shall be responsible for designating specific locations for vessels to pick up and drop off pilots, undergo quarantine, moor, and avoid storms based on the actual weather conditions, wave and wind conditions, draft, and tonnage of vessels entering and leaving coastal ports within the jurisdiction of Dong Thap Province. They must report this information to the Dong Thap Port Office no later than one hour after receiving notification from the Dong Thap Port Office.

Article 5.

1. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

2. Repeal Decision No. 1399/QD-PCVT dated July 12, 1993 of the Minister of Transport regarding the water area of Dong Thap Port and the responsibility zone of the Dong Thap Port Office, and any previous regulations that conflict with this Decision.

Article 6.

The Director 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 Transport Departments of Dong Thap Province, Ba Ria-Vung Tau Province, Tien Giang Province, Can Tho City, the Directors of the Dong Thap Port Office, Vung Tau Port Office, My Tho Port Office, and Can Tho Port Office, Heads of relevant agencies, organizations, and individuals are responsible for implementing this Decision./.