Decision No. 46/2007/QD-BGTVT on announcing the waters of seaports within the jurisdiction of Bà Rịa - Vũng Tàu Province, Bình Thuận Province, and the management area of Vũng Tàu Maritime Port Office

Pursuant to …;

Announcing the maritime areas of seaports within the jurisdiction of Bà Rịa - Vũng Tàu Province, Bình Thuận Province, and the management area of Vũng Tàu Marine Port Office

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THE MINISTER OF TRANSPORTATION

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 seaport management and maritime shipping channels;

Based on the opinions of the People's Committee of Bà Rịa - Vũng Tàu Province in Circular No. 2921/UBND-CP dated May 17, 2007;

Based on the opinions of the People's Committee of Bình Thuận Province in Circular No. 1984/UBND-KT dated May 9, 2007;

Based on the opinions of the People's Committee of Sóc Trăng Province in Circular No. 691/CTUBND-HC dated May 10, 2007;

Based on the opinions of the People's Committee of Trà Vinh Province in Circular No. 1280/UBND-KTKT dated May 22, 2007;

Based on the opinions of the People's Committee of Bến Tre Province in Circular No. 3302/UBND-CNLTS dated October 5, 2006;

Based on the opinions of the People's Committee of Tiền Giang Province in Circular No. 5375/UBND-CN dated September 28, 2006 and the opinions of the Department of Transport of Tiền Giang Province in Circular No. 1554/SGTVT-QLGT dated October 16, 2007;

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 maritime areas of seaports within the jurisdiction of Bà Rịa - Vũng Tàu Province and Bình Thuận Province, including:

a) The maritime areas before the port terminals and wharves of seaports within the jurisdiction of Bà Rịa - Vũng Tàu Province:

- On the Thị Vải River, including the port terminals and wharves: Cement Cẩm Phả, Oil Phú Mỹ of Phú Mỹ 1 Power Plant, Phú Mỹ 2-1 Power Plant, Special-purpose of Holcim Vietnam LTD, Phú Mỹ (Baria Serece Terminal), Combined Fertilizer and Oil Services Phú Mỹ, Steel Phú Mỹ, Interflour Cái Mép, PV Gas Vũng Tàu.

- On the Dinh River, including the port terminals and wharves: Trường Sa Seafood, Cá Cát Lở Vũng Tàu, Cat Lo Fishery, Cat Lo Branch (Vũng Tàu Commercial Port), Cat Lo Oil Branch (K.2 Terminal), Dong Xuyen Fuel, Fuel of PetroVietnam Technical Services Corporation (PTSC Terminal), Upper PTSC Oil Services Branch Terminal, Special-purpose Oil Services Branch (Vietsovpetro Terminal) and Lower PTSC Terminal.

- On the Rạch Bà River, including: Terminal and dry dock of Vungtau Shipyard Company.

- Bến Đầm Fishing Terminal.

- Offshore oil ports at: Bai But Field, Dragon Field, Dai Hung Field, Rang Dong Field, Hong Ngoc Field, Black Lion Field and Dragon Pair-West Dragon Pair Field.

b) The maritime area before the terminal of Phú Quý Seaport within the jurisdiction of Bình Thuận Province.

c) The maritime areas of port channels, branch channels, pilot reception zones, quarantine zones, anchorage areas, transshipment areas, and storm shelters of the seaports specified in points a and b of this clause and the Gò Gia transshipment area.

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 areas of seaports within the jurisdiction of Bà Rịa - Vũng Tàu Province and Bình Thuận Province is defined according to the highest tide level as follows:

1. Maritime areas on the Cái Mép River, Thị Vải River, Gò Gia River, Dinh River, Rạch Bà River, and Gành Rái Bay:

a) The boundary towards the sea (South and Southwest of Gành Rái Bay): limited by straight lines connecting the following points: GR1, GR2, GR3, GR4, and GR5 with the following coordinates:

GR1: 10^°19’04” N, 107^°05’12” E (Vũng Tàu Cape);

GR2: 10^°14’00” N, 107^°07’56” E;

GR3: 10^°14’00” N, 107^°00’00” E;

GR4: 10^°24’00” N, 107^°00’00” E;

GR5: 10^°25’10” N, 106^°58’12” E (North-Eastern edge of Can Gio Cape).

b) The boundary towards the West of Gành Rái Bay: from point GR5 running along the 106^°58’12” E meridian (the boundary with the maritime area of seaports within the jurisdiction of Ho Chi Minh City) to the Southern edge of Phú Lợi Island.

c) The boundary towards the North of Gành Rái Bay:

- From the intersection of the 106^°58’12” E meridian with the Southern edge of Phú Lợi Island, running along the Eastern edge of Phú Lợi Island to the Northernmost point of the right bank of the Cái Mép River mouth.

- The boundary on the Cái Mép River, Thị Vải River, and Gò Gia River:

+ From the Northernmost and Southernmost points of the Cái Mép River mouth running along both banks of the Cái Mép River to the confluence of the Cái Mép River - Gò Gia River - Thị Vải River.

+ From the Northernmost and Southernmost points of the Thị Vải River mouth (at the confluence of the Thị Vải River - Gò Gia River - Cái Mép River) running along both banks of the Thị Vải River to the 10^°38’24” N parallel.

+ From the Northernmost and Southernmost points of the Gò Gia River mouth (at the confluence of the Gò Gia River - Cái Mép River - Thị Vải River) running along both banks of the Gò Gia River to the upper limit boundary across the 10^°34’36” N parallel (at the confluence of the Gò Gia River - Ba Giỏi - Tắc Cua).

d) The boundary towards the Northeast of Gành Rái Bay:

- From the left bank of the Cái Mép River mouth running along the coast of Gành Rái Bay through the Western edge of Phú Lạng Island, through Đông Creek, Ông Ben Creek, along the Western edge of Long Sơn Commune, to points GR6 and GR7 with the following coordinates:

GR6: 10^°25’55”5 N, 107^°06’25” E;

GR7: 10^°24’54” N, 107^°07’15” E (Southern edge of Gò Công).

- The boundary on the Dinh River, Rạch Bà River:

+ From point GR7 running along the right bank of the Dinh River through Trường Sa Seafood Company Terminal to the straight line boundary cutting across the river at the 10^°26’33” latitude. From the intersection of the straight line cutting across the river at the 10^°26’33” latitude with the left bank of the Dinh River running along the Dinh River downstream to the Northernmost point of the right bank of the Rạch Bà River mouth.

+ From the Northernmost and Southernmost points of the Rạch Bà River mouth running along both banks of the Rạch Bà River to the straight line cutting across the river 100 meters upstream from the edge of Vungtau Shipyard Dry Dock (the boundary between Vungtau Shipyard Dry Dock and the special-purpose terminal of the Second Marine Safety Assurance Company).

+ From the Northernmost point of the left bank of the Rạch Bà River mouth running along the Northern edge of Bến Đình Island to Gành Rái Cape.

- From Gành Rái Cape, running along the coastline to point GR1.

2. Maritime areas of the Bến Đầm Fishing Port at Côn Đảo:

a) The boundary towards the sea: limited by straight lines connecting the following points: BĐ1, BĐ2, BĐ3, and BĐ4 with the following coordinates:

BĐ1: 08^°39’45” N, 106^°32’28” E (Western-Northwestern cape - Bà Islet);

BĐ2: 08^°42’24” N, 106^°32’13” E (Western-Southern cape - Large Tre Islet);

BĐ3: 08^°41’06” N, 106^°33’18” E (Western-Southern cape - Trắc Islet);

BĐ4: 08^°40’59” N, 106^°33’39” E.

b) The boundary towards the mainland: from point BĐ4 running along the coast to the South to the North-Eastern coast (Bà Islet) to point BĐ1.

3. Maritime areas of offshore oil ports at the following oil fields:

a) Bai But Field: limited by three circles with a radius of 01 nautical mile, with centers at the following positions: BH1, BH2, BH3 with the following coordinates:

BH1: 09^°46’28” N, 107^°58’50” E;

BH2: 09^°48’51” N, 108^°00’16” E;

BH3: 09^°43’48” N, 107^°57’09” E.

b) Dragon Mine: is limited by a circle with a radius of 01 nautical mile, with its center at position DR having the following coordinates:

DR: 09^°34’30” N, 107^°52’59” E.

c) Great Dragon Mine: is limited by a circle with a radius of 01 nautical mile, with its center at position GD having the following coordinates:

GD: 08^°28’33” N, 108^°41’23” E.

d) Dawn Mine: is limited by a circle with a radius of 01 nautical mile, with its center at position DD having the following coordinates:

DD: 10^°00’45” N, 108^°15’22” E.

đ) Ruby Mine: is limited by a circle with a radius of 01 nautical mile, with its center at position RB having the following coordinates:

RB: 10^°22’32” N, 108^°30’01” E.

e) Black Lion Mine: is limited by a circle with a radius of 01 nautical mile, with its center at position BL having the following coordinates:

BL: 10^°25’24” N, 108^°23’38” E.

g) Twin Dragon - West Twin Dragon Mine: is limited by a circle with a radius of 01 nautical mile, with its center at position TD-WTD having the following coordinates:

TD-WTD: 07^°48’32” N, 108^°11’08” E.

4. Port waters area of Phu Quy:

a) The maritime boundary: is limited by straight lines connecting points where maritime navigation aids are installed along the channel leading to Phu Quy port.

b) The landward boundary: is limited by straight lines connecting points PQ1, PQ2, PQ3, and PQ4 having the following coordinates:

PQ1: 10^°30’12” N, 108^°57’05” E;

PQ2: 10^°30’11” N, 108^°57’05” E;

PQ3: 10^°30’10” N, 108^°57’01” E;

PQ4: 10^°30’11” N, 108^°57’02” E.

Article 3.

Areas for pilotage, quarantine, anchorage, cargo transfer, and typhoon shelters for vessels arriving at or departing from ports within the jurisdiction of Bà Rịa - Vũng Tàu Province, Bình Thuận Province, are specified as follows:

1. Pilot Station and Quarantine Area:

a) For the Cái Mép River, Thị Vải River, Dinh River, Rạch Bà River wharves, and Gò Gia cargo transfer zone, Gành Rái Bay:

- Area 1: for all types of vessels except those specified in Area 2 under point a of this clause, is limited by a semicircle with a radius of 01 nautical mile towards the west-southwest, with its center at the following coordinates:

10^°19’48”6 N, 107^°03’17”7 E.

- Area 2: for oil and hazardous goods vessels with a total gross tonnage of 5,000 GT or more, other vessels with a draft of 10 meters or more, and vessels requiring pilotage due to special reasons, is limited by a semicircle with a radius of 01 nautical mile towards the south, with its center at the following coordinates:

10^°17’04”3 N, 107^°05’17”0 E. 

b) For Bến Đầm Fishery Port: is limited by a circle with a radius of 0.5 nautical miles, with its center at the following coordinates:

08^°40’30” N, 106^°32’42” E.

c) For offshore oil and gas ports at oil and gas fields:

- White Tiger Field:

+ Under normal weather conditions: is limited by a circle with a radius of 01 nautical mile, with its center at the following coordinates:

09^°51’00” N, 107^°58’30” E;

+ Under adverse weather conditions: is limited by a circle with a radius of 01 nautical mile, with its center at the following coordinates:

10^°16’00” N, 107^°05’00” E.

- Dragon Field:

+ Under normal weather conditions: is limited by a circle with a radius of 01 nautical mile, with its center at the following coordinates:

09^°37’00” N, 107^°52’00” E.

+ Under adverse weather conditions: is limited by a circle with a radius of 01 nautical mile, with its center at the following coordinates:

10^°16’00” N, 107^°05’00” E.

- Great Dragon Field:

+ Under normal weather conditions: is limited by a circle with a radius of 01 nautical mile, with its center at the following coordinates:

08^°28’30” N, 108^°41’00” E.

+ Under adverse weather conditions: is limited by a circle with a radius of 01 nautical mile, with its center at the following coordinates:

10^°16’00” N, 107^°05’00” E.

- Dawn Field:

+ Under normal weather conditions: is limited by a circle with a radius of 01 nautical mile, with its center at the following coordinates:

10^°01’00” N, 108^°10’00” E.

+ Under adverse weather conditions: is limited by a circle with a radius of 01 nautical mile, with its center at the following coordinates:

10^°16’00” N, 107^°05’00” E.

- Ruby Field:

+ Under normal weather conditions: is limited by a circle with a radius of 01 nautical mile, with its center at the following coordinates:

10^°20’00” N, 108^°33’00” E.

+ Under adverse weather conditions: is limited by a circle with a radius of 01 nautical mile, with its center at the following coordinates:

10^°16’00” N, 107^°05’00” E.

- Black Lion Field:

+ Under normal weather conditions: is limited by a circle with a radius of 01 nautical mile, with its center at the following coordinates:

10^°21’24” N, 108^°23’38” E.

+ Under adverse weather conditions: is limited by a circle with a radius of 02 nautical miles, with its center at the following coordinates:

10^°49’00” N, 108^°17’32” E.

- Twin Dragon - West Twin Dragon Field:

+ Under normal weather conditions: is limited by a circle with a radius of 01 nautical mile, with its center at the following coordinates:

07^°48’32” N, 108^°07’03” E.

+ Under adverse weather conditions: is limited by a circle with a radius of 01 nautical mile, with its center at the following coordinates:

10^°16’00” N, 107^°05’00” E.

d) For Phu Quy Port: is limited by a circle with a radius of 0.5 nautical miles, with its center at the following coordinates:

10^°30’00” N, 108^°55’30” E.

2. Anchorage and Typhoon Shelter Areas:

a) For the Cái Mép River, Thị Vải River, Dinh River, and Rạch Bà River wharves:

- For vessels with a deadweight tonnage up to 3,000 DWT: at suitable positions on the right side of the Vũng Tàu - Saigon port channel within the water areas defined in points a and b of Clause 1, Article 2 of this Decision.

- For vessels with a deadweight tonnage over 3,000 DWT: at suitable positions on the left side of the Vũng Tàu - Saigon port channel within the water areas defined in points a and b of Clause 1, Article 2 of this Decision.

- For vessels carrying dangerous goods: designated by the Director of Vũng Tàu Marine Port Control at suitable positions within the water areas defined in points a and b of Clause 1, Article 2 of this Decision.

b) For Bến Đầm Fishery Port: as defined in Clause 2, Article 2 of this Decision.

c) For offshore oil and gas ports: as defined in Clause 3, Article 2 of this Decision.

3. Cargo Transfer Areas:

a) Gò Gia Cargo Transfer Zone:

- For vessels with a deadweight tonnage below 10,000 DWT at the position with the following coordinates: 10^°31’40” N, 107^°00’30” E.

- For vessels with a deadweight tonnage from 10,000 DWT to below 20,000 DWT at the position with the following coordinates: 10^°31’43” N, 106^°59’31” E.

- For vessels with a deadweight tonnage from 20,000 DWT to below 30,000 DWT at the position with the following coordinates: 10^°31’49” N, 107^°00’11” E.

- For vessels with a deadweight tonnage from 30,000 DWT to 50,000 DWT at the position with the following coordinates: 10^°31’47” N, 106^°59’51” E.

- Other positions as decided by the Director General of the Vietnam Maritime Administration.

b) Gành Rái Bay Cargo Transfer Zone: as decided by the Director General of the Vietnam Maritime Administration.

4. Pilotage and Quarantine Areas defined in point a, Clause 1 of this Article also serve as pilotage and quarantine areas for vessels entering and leaving ports within the jurisdictions of the provinces and cities: Hồ Chí Minh, Đồng Nai, Bình Dương, Tiền Giang, Vĩnh Long, Đồng Tháp, and vessels transiting through Vietnam to Cambodia via the Tiền River.

Article 4.

1. Port Authority and certificates of pilotage areas Vũng Tàu is responsible for:

a) Implementing tasks and powers as prescribed by the Vietnam Maritime Code and related laws concerning maritime activities in the waters of ports within the jurisdiction of Bà Rịa - Vũng Tàu Province and Bình Thuận Province.

b) Based on actual conditions regarding weather, waves, drafts, and deadweight tonnage of vessels, designate specific positions for vessels to conduct pilotage, quarantine, anchoring, cargo transfer, and typhoon sheltering within the water areas defined in Article 3 of this Decision, ensuring maritime safety, maritime security, and prevention of environmental pollution.

2. Responsibilities for coordinated management between the Vũng Tàu Marine Port Control and the Hồ Chí Minh City Marine Port Control, Đồng Nai Marine Port Control, Mỹ Tho Marine Port Control, and Đồng Tháp Marine Port Control:

a) The Vũng Tàu Marine Port Control is responsible for:

- On the basis of the actual situation regarding weather, waves, wind, draft, and the load capacity of vessels entering and exiting the ports managed by the Port Maritime Administration of Ho Chi Minh City, Dong Nai Province, My Tho City, and Dong Thap Province, designate specific locations for vessels to pick up and drop off pilots, undergo quarantine, anchor, transfer cargo, and avoid typhoons within the waters specified in Article 3 of this Decision, ensuring maritime safety, maritime security, environmental protection, and promptly informing relevant Port Maritime Administrations.

- Handle procedures for foreign vessels transiting Vietnam to Cambodia through the Mekong River in accordance with the provisions of the law.

b) The Port Maritime Administration of Ho Chi Minh City, Dong Nai Province, My Tho City, and Dong Thap Province shall be responsible for:

- Notifying the Port Maritime Administration of Vung Tau of the name, nationality, main technical specifications, and other necessary information of vessels at least two hours before the vessels enter the pilot station area of Vung Tau.

- Notifying the Port Maritime Administration of Vung Tau of the movement of vessels leaving the designated position to enter the port waters under their management at least one hour before the vessels leave the position.

- Processing entry and exit formalities for vessels in accordance with regulations when vessels arrive in the port waters under their management.

- Cooperating with the Port Maritime Administration of Vung Tau to resolve incidents involving vessels entering and exiting ports located in Ho Chi Minh City, Dong Nai Province, Binh Duong Province, Tien Giang Province, Vinh Long Province, Ben Tre Province, and Dong Thap Province when these vessels operate in the waters of the province of Ba Ria-Vung Tau.

Article 5. Outside the waters of the ports specified in Articles 2 and 3 of this Decision, the Port Maritime Administration of Vung Tau also has the responsibility to manage state affairs concerning maritime safety and maritime security in the sea areas belonging to the provinces of Ba Ria-Vung Tau, Binh Thuan, Tien Giang, Ben Tre, Tra Vinh, and Soc Trang.

Article 6.

This decision shall take effect fifteen days from the date of publication in the Official Gazette.

2. Repeal Decision No. 03/2004/QĐ-BGTVT dated March 15, 2004, issued by the Minister of Transport on the waters of the ports in the province of Ba Ria-Vung Tau and the area of responsibility of the Vung Tau Port Maritime Administration, and any 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 Waterway Administration, the Directors of the Ho Chi Minh City Department of Transport, the Ba Ria-Vung Tau Province Department of Transport, the Dong Nai Province Department of Transport, the Binh Duong Province Department of Transport, the Binh Thuan Province Department of Transport, the Tra Vinh Province Department of Transport, the Soc Trang Province Department of Transport, the Ben Tre Province Department of Transport, the Tien Giang Province Department of Transport, the Dong Thap Province Department of Transport, the Director of the Vung Tau Port Maritime Administration, the Director of the Ho Chi Minh City Port Maritime Administration, the Director of the Dong Nai Province Port Maritime Administration, the Director of the My Tho City Port Maritime Administration, the Director of the Dong Thap Province Port Maritime Administration, Heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Decision./.