Circular No. 47/2014/TT-BGTVT announcing the water areas of seaports within the jurisdiction of Dong Nai Province, Binh Duong Province, and the management area of the Dong Nai Maritime Branch

CIRCULAR

Announcement of waters of seaports within the jurisdiction of Dong Nai Province, Binh Duong Province, and the management area of the Dong Nai Maritime Branch

 Binh Duong and the management area of the Dong Nai Maritime Branch

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Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 21/2012/NĐ-CP dated March 21, 2012 of the Government on management of seaports and maritime channels;

Based on the opinions of the People's Committee of Dong Nai Province at Circular No. 9415/UBND-CNN dated November 5, 2013; the Department of Transport of Binh Duong Province at Circular No. 1494/GTVT-KCHTGT dated November 15, 2013;

At the proposal of the Director of the Legal Department and the Director of the Vietnam Maritime Administration,

Article 1: Announce the waters of ports located within the territory of Dong Nai Province and Binh Duong Province.

Article 1. Announcement of waters of seaports within the jurisdiction of Dong Nai Province and Binh Duong Province

The waters of seaports within the jurisdiction of Dong Nai Province and Binh Duong Province include the following areas:

1. Waters of Dong Nai Seaport:

a) Waters of Dong Nai Seaport in the Thi Vai River area;

b) Waters of Dong Nai Seaport in the Nha Be River and Long Tau River area;

c) Waters of Dong Nai Seaport in the Dong Nai River area.

2. Waters of Binh Duong Seaport.

The scope of the waters of ports located within the territory of Dong Nai Province and Binh Duong Province is defined according to the highest tide level as follows:

1. The scope of the waters of the port of Dong Nai includes:

a) The scope of the waters of the port of Dong Nai in the Thi Vai River area:

a) Scope of waters of Dong Nai Seaport in the Thi Vai River area:

Limited by the parallel 10°38’24”N running along both banks of the river upstream to the meridian 106°59’12”E, 3,800 meters upstream from the dedicated Vedan Phuoc Thai wharf.

b) Scope of waters of Dong Nai Seaport in the Nha Be River and Long Tau River area:

Limited from the right bank of the channel of the seaport (counting from the sea towards inland) to the Nha Be River bank upstream 1,800 meters from the Phu Dong Bridge and the Long Tau River bank downstream 1,300 meters from the Sanrimjohap Vina Bridge.

c) Scope of waters of Dong Nai Seaport in the Dong Nai River area:

Limited by a straight line across the river 150 meters downstream from the Dong Nai Bridge, running along the Dong Nai Province bank and the edge of the national inland waterway channel to a straight line across the river 500 meters downstream from the STC-GAS wharf.

2. Scope of waters of Binh Duong Seaport is limited by a straight line across the Dong Nai River 150 meters downstream from the Dong Nai Bridge, running along the Binh Duong Province bank and the edge of the national inland waterway channel to a straight line across the river 300 meters downstream from the Binh Duong Combined Wharf.

3. The boundaries of the waters of seaports specified in Clause 1 and Clause 2 of this Article are determined on Chart No. 1059 published in 2013 by the United Kingdom Hydrographic Office. The meridians and parallels specified in Point a Clause 1 of this Article are applied according to the VN-2000 coordinate system and converted to corresponding coordinate systems 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 the Vietnam Maritime Administration shall organize the announcement of pilot reception and delivery zones, quarantine zones, anchorage areas, transshipment areas, and storm shelters for vessels entering and leaving seaports within Dong Nai Province and Binh Duong Province and other water areas as prescribed.

Article 4. Responsibilities of the Dong Nai Maritime Branch and related Maritime Branches

1. The Dong Nai Maritime Branch shall be responsible for:

a) Perform tasks and powers as prescribed by the Vietnam Maritime Code and relevant laws concerning maritime activities at wharves and waters of seaports within the jurisdiction of Dong Nai Province and Binh Duong Province;

b) Based on actual conditions regarding weather, waves, draft, and tonnage of vessels, designate specific positions for vessels to anchor, transship, and avoid storms in the prescribed waters, ensuring maritime safety, maritime security, and prevention of environmental pollution;

c) Process procedures for vessels entering and leaving wharves, berths, anchorage areas, and transshipment areas in the waters of seaports within Dong Nai Province and Binh Duong Province, including vessels entering seaports within Dong Nai Province and Binh Duong Province but must transship at Go Gia Transshipment Area;

d) Inform the Vung Tau Maritime Branch of the name, nationality, main technical specifications, and other necessary information of vessels, at least two hours before the vessel enters the Vung Tau Pilot Reception Zone; the movement of vessels departing from the position designated by the Vung Tau Maritime Branch to enter the waters of seaports within the jurisdiction of Dong Nai Province and Binh Duong Province must be informed at least one hour before departure;

đ) Coordinate with the Vung Tau Maritime Branch to ensure order, maritime safety, maritime security, and prevention of environmental pollution for vessels entering and leaving seaports within Dong Nai Province and Binh Duong Province but must receive pilots, undergo quarantine, anchor, transship, and avoid storms in the waters of seaports within the jurisdiction of Ba Ria-Vung Tau Province;

e) Coordinate with the Ho Chi Minh City Maritime Branch to ensure order, maritime safety, maritime security, and prevention of environmental pollution for vessels entering and leaving wharves and berths on the Dong Nai River, Nha Be River, and Long Tau River within the jurisdiction of Dong Nai Province and Binh Duong Province but must anchor and avoid storms in the waters of seaports in Ho Chi Minh City;

g) Inform the Ho Chi Minh City Maritime Branch of the name, nationality, call sign, main technical specifications, and other necessary information of vessels entering and leaving wharves and berths on the Dong Nai River, Nha Be River, and Long Tau River within the jurisdiction of Dong Nai Province and Binh Duong Province, at least two hours before the vessel enters the waters of seaports in Ho Chi Minh City; specifically, vessels leaving wharves and berths on the Nha Be River and Long Tau River within the jurisdiction of Dong Nai Province must inform before leaving the wharf or berth.

2. The Vung Tau Maritime Branch shall be responsible for designating specific positions for vessels to receive pilots, undergo quarantine, anchor, transship, and avoid storms in the waters of seaports within the jurisdiction of Ba Ria-Vung Tau Province based on actual conditions regarding weather, waves, draft, and tonnage of vessels entering and leaving seaports within Dong Nai Province and Binh Duong Province, ensuring maritime safety, maritime security, and prevention of environmental pollution, and promptly informing the Dong Nai Maritime Branch.

3. The Ho Chi Minh City Maritime Port Office shall be responsible for determining specific berthing positions for vessels based on actual weather conditions, wave and wind patterns, draft, and tonnage of vessels entering and leaving wharves and ports on Dong Nai River, Nha Be River, and Long Tau River within the jurisdiction of Dong Nai Province and Binh Duong Province but mooring and seeking shelter in the waters of Ho Chi Minh City port area, and must report this information to the Dong Nai Maritime Port Office within no more than one hour from the time of receiving notification from the Dong Nai Maritime Port Office.

4. In cases where incidents involving vessels occur in the waters managed by which Maritime Port Office, that Maritime Port Office shall take the lead in handling such incidents in accordance with the provisions of the law; if incidents occur at the boundary waters of two Maritime Port Offices, the Maritime Port Office managing the wharf or port where the vessel enters or leaves shall take the lead in handling such incidents.

Article 5. Effective Date

This Circular takes effect from December 15, 2014. Decision No. 48/2007/QD-BGTVT dated September 12, 2007 of the Minister of Transport on announcing the waters of the port area under the jurisdiction of Dong Nai Province, Binh Duong Province, and the management area of the Dong Nai Maritime Port Office is hereby repealed.

Article 6. 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 Waterways Administration, Directors of the Department of Transport of Dong Nai Province, Directors of the Department of Transport of Binh Duong Province, Directors of the Department of Transport of Ho Chi Minh City, Directors of the Department of Transport of Ba Ria-Vung Tau Province, Directors of the Dong Nai Maritime Port Office, Directors of the Ho Chi Minh City Maritime Port Office, Directors of the Vung Tau Maritime Port Office, Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.