Decision No. 48/2007/QĐ-BGTVT on announcing the port waters area within the jurisdiction of Đồng Nai Province, Bình Dương Province, and the management area of Đồng Nai Maritime Branch

Pursuant to …;

Announcing the port waters area within the jurisdiction of Dong Nai Province, Binh Duong Province, and the management area of the Dong Nai Maritime Port Office

province Dong Nai

______________________________

MINISTER OF TRANSPORT

Pursuant to the Vietnam Maritime Code on 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 shipping channels;

Based on the opinions of the People's Committee of Dong Nai Province at Official Document No. 7856/UBND-CNN dated November 14, 2006;

At the proposal of the Director of the Legal Department and the Director of the Vietnam Civil Aviation Administration.

DECISION:

Article 1.

1. Now announcing the port waters area within the jurisdiction of Dong Nai Province and Binh Duong Province, including:

a) The port waters before the wharf and bridge of the port located within the jurisdiction of Dong Nai Province:

- On the Dong Nai River: Dong Nai 1, Dong Nai 2, Dong Nai 3, and STC-GAS;

- On the Thi Vai River: Go Dau A1, Go Dau A2, Go Dau B1, Go Dau B2, Go Dau B3, Chuyen dung Long Thanh, GAS-PVC Phuoc Thai, and Phuoc Thai (Vedan);

- On the Nha Be River and Lung Tau River: Phu Dong, Chuyen dung Phuoc Khanh, Xang dau Phuoc Khanh, Hoa dau AP, LAFARGE Cement.

b) The port waters before the wharf and bridge located within the jurisdiction of Binh Duong Province: Binh Duong.

c) The port waters of the channel, branch channel, pilot station, quarantine zone, anchorage, transshipment area, and typhoon shelter areas specified in points a and b of this clause.

2. The port waters before the bridge, wharf, anchorage, transshipment area, and typhoon shelter areas are announced according to the provisions of the law.

Article 2. The scope of the port waters within the jurisdiction of Dong Nai Province and Binh Duong Province is measured based on the highest tidal level, specifically defined as follows:

1. On the Dong Nai River:

a) The port waters before the bridges and wharfs Dong Nai 1, Dong Nai 2, Dong Nai 3, and STC-GAS: limited by a straight line cutting across the river 150 meters downstream from the Dong Nai Bridge, running along the bank of Dong Nai Province and the edge of the national inland waterway route to a straight line cutting across the river 500 meters downstream from the edge of the STC-GAS wharf;

b) The port waters before the combined wharf of Binh Duong: limited by a straight line cutting across the river 150 meters downstream from the Dong Nai Bridge, running along the bank of Binh Duong Province and the edge of the national inland waterway route to a straight line cutting across the river 300 meters downstream from the edge of the combined wharf of Binh Duong.

2. On the Thi Vai River: the port waters are limited by the parallel line of latitude 10°38'24" N running along both banks of the river upstream to a straight line cutting across the river 800 meters upstream from the edge of the dedicated wharf Phuoc Thai (Vedan).

3. On the Nha Be River and Lung Tau River: the port waters before the bridges and wharfs Phu Dong, Chuyen dung Phuoc Khanh, Xang dau Phuoc Khanh, Hoa dau AP, LAFARGE Cement are limited from the right boundary of the port channel to the bank of the river 200 meters upstream from the Phu Dong bridge and 200 meters downstream from the Chuyen dung Phuoc Khanh bridge.

Article 3. The pilot station, quarantine zone, anchorage, transshipment area, and typhoon shelter for vessels entering the port within the jurisdiction of Dong Nai Province and Binh Duong Province are specifically defined as follows:

1. Pilot station and quarantine zone: the pilot station and quarantine zone as stipulated in the Decision of the Minister of Transport announcing the port waters of the ports within the jurisdiction of Ba Ria-Vung Tau Province, Binh Thuan Province, and the management area of the Vung Tau Maritime Port Office.

2. Anchorage, transshipment area, and typhoon shelter:

a) On the Dong Nai River: according to the decision of the Minister of Transport based on the proposal of the Director of the Vietnam Maritime Administration;

b) On the Thi Vai River: according to the decision of the Director of the Vietnam Maritime Administration.

Article 4.

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

a) Implementing the tasks and powers as prescribed by the Vietnam Maritime Code and related laws concerning maritime activities in the port waters within the jurisdiction of Dong Nai Province and Binh Duong Province;

b) Based on the actual situation regarding weather, waves, draft, and tonnage of vessels, designate specific positions for vessels to anchor, transship, and avoid typhoons in the port waters as stipulated in Clause 2 of Article 3 of this Decision, ensuring maritime safety, maritime security, and preventing environmental pollution.

2. Responsibilities for joint management between the Dong Nai Maritime Port Office and the Vung Tau Maritime Port Office for vessels entering and leaving the ports within the jurisdiction of Dong Nai Province and Binh Duong Province:

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

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

- Notifying the Vung Tau Maritime Port Office of the movement of vessels leaving the position designated by the Vung Tau Maritime Port Office to enter the port waters within the jurisdiction of Dong Nai Province and Binh Duong Province, at least one hour before the vessels leave the position;

- Handling procedures for vessels entering and leaving the wharfs and bridges in the port waters within Dong Nai Province and Binh Duong Province, including vessels entering the ports within Dong Nai Province and Binh Duong Province but must anchor and transship at the Gia Go transshipment area in the port waters within the jurisdiction of Ba Ria-Vung Tau Province.

b) The Vung Tau Maritime Port Office, based on the actual situation regarding weather, waves, draft, and tonnage of vessels entering and leaving the ports within Dong Nai Province and Binh Duong Province, shall designate specific positions for vessels to pick up pilots, undergo quarantine, anchor, transship, and avoid typhoons in the port waters within the jurisdiction of Ba Ria-Vung Tau Province, ensuring maritime safety, maritime security, preventing environmental pollution, and promptly notifying the Dong Nai Maritime Port Office.

3. Responsibilities for joint management between the Dong Nai Maritime Port Office and the Ho Chi Minh City Maritime Port Office:

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

- Coordinate with the Maritime Port Office of Ho Chi Minh City to ensure maritime order, safety, maritime security, and environmental protection for vessels entering and leaving wharfs and ports on the Dong Nai River, Nha Be River, Long Tau River within the territory of Dong Nai Province and Binh Duong Province but must anchor and seek shelter in the waters of Ho Chi Minh City port area;

- Notify the Maritime Port Office of Ho Chi Minh City of the name, nationality, call sign, main technical parameters, and other necessary information of vessels entering and leaving wharfs and ports on the Dong Nai River, Nha Be River, Long Tau River within the territory of Dong Nai Province and Binh Duong Province at least two hours before the vessels arrive in the waters of Ho Chi Minh City port area; for vessels leaving wharfs and ports on the Nha Be River and Long Tau River within the territory of Dong Nai Province, notification must be made before the vessels leave the wharfs and ports;

- Implement procedures for vessels entering and leaving wharfs and ports on the Dong Nai River, Nha Be River, Long Tau River within the territory of Dong Nai Province and Binh Duong Province;

b) The Maritime Port Office of Ho Chi Minh City shall be responsible for designating specific anchorage positions for vessels based on actual weather conditions, wave and wind conditions, draft, and carrying capacity of vessels entering and leaving wharfs and ports on the Dong Nai River, Nha Be River, Long Tau River within the territory of Dong Nai Province and Binh Duong Province but must anchor and seek shelter in the waters of Ho Chi Minh City port area, and must inform the Maritime Port Office of Dong Nai within one hour from the time of receiving the notification;

c) Any incidents involving vessels occurring in the waters managed by which Maritime Port Office shall be primarily resolved by that Maritime Port Office according to the provisions of the law; in cases where incidents occur at the boundary waters of two Maritime Port Offices, they shall be primarily resolved by the Maritime Port Office where the vessels enter or leave the wharf or port;

Article 5. This Decision takes effect fifteen days after its publication in the Official Gazette. Previous regulations contrary to this Decision are hereby abolished;

Article 6. The Head of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments under the Ministry, Director of the Vietnam Maritime Administration, Director of the Vietnam Inland Waterways Administration, Director of the Department of Transport of Dong Nai Province, Director of the Department of Transport of Binh Duong Province, Director of the Department of Transport and Public Works of Ho Chi Minh City, Director of the Department of Transport of Ba Ria-Vung Tau Province, Director of the Maritime Port Office of Dong Nai, Director of the Maritime Port Office of Ho Chi Minh City, Director of the Maritime Port Office of Vung Tau, Heads of relevant agencies, organizations, and individuals are responsible for implementing this Decision./.