Decision No. 49/2007/QD-BGTVT on announcing the maritime port waters within the jurisdiction of Ho Chi Minh City and the management area of the Ho Chi Minh City Port Maritime Administration.

Pursuant to …;

Announcing the Port Waters Area within the jurisdiction of Ho Chi Minh City and under the management of the Ho Chi Minh City Maritime Port Office

____________________

THE MINISTER OF TRANSPORTATION

Pursuant to the Vietnam Maritime Code 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 Transportation;

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 Ho Chi Minh City at Circular No. 39/UBND-ĐT dated January 4, 2007;

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

Pursuant to …;:

Article 1.

1. The port waters area within the jurisdiction of Ho Chi Minh City, including:

a) The waters before the wharves and berths on the Saigon River: Tan Cang, Ba Son Shipbuilding and Repair Plant, Sai Gon, Tan Thuan Dong, Ben Nghe, Joint Stock Development Logistics Company No. 1, ELF GAS Sai Gon, Bien Dong, Sai Gon Ship Industry, Rau Qua, Bong Sen;

b) The waters before the wharves and berths on the Nha Be River: Vegetable Oil (Navioil), Saigon Marine Industry Shipyard, An Phu Shipyard, Minh Tan Petroleum Transport Trading Corporation, Nautical Technical College II, Nha Be Petroleum Depot, Petechim, X51 Fuel Depot, and Lam Tai Chanh Chemical Product Trading Corporation;

c) The waters before the wharves and berths on the Dong Nai River: Vitaico, Cat Lai (Tan Cang), Petec, Sai Gon Petro, and Sao Mai Cement;

d) The waters before the wharves and berths on the Soai Rap River: FiCO Cement, Haiphong Chinfon Cement, Dien Hiep Phuoc, Nghi Son Cement, and Calofic Specialized;

đ) The waters of the port channel, branch port channels, pilot reception areas, quarantine zones, anchorage areas, and storm shelters specified in points a, b, c, and d of this clause.

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 extent of the port waters area within the jurisdiction of Ho Chi Minh City is measured according to the highest tide level and is defined as follows:

1. Seaward boundary:

a) The Ganh Rai Bay area; bounded by the meridian 106°58'12'E (the boundary with the waters of ports within the jurisdiction of Ba Ria-Vung Tau Province), running along the coast of Can Gio District and the bank of Phu Loi Island to the two most protruding points of the Ngat Bai River mouth;

b) The Dong Tran Bay (Soai Rap River mouth) area; bounded by straight lines connecting the following points: SR1, SR2, SR3, SR4, and SR5 with the following coordinates:

SR1: 10°25'10"N, 106°58'12"E (Cant Gio Cape);

SR2: 10°24'00"N, 107°00'00"E;

SR3: 10°15'00"N, 107°00'00"E;

SR4: 10°15'00"N, 106°49'30"E;

SR5: 10°20'00"N, 106°47'06"E.

2. River boundaries:

a) On the Ngat Bai, Long Tau, Nha Be, Dua, Tac Dinh Cau, and Rach Tac Roi rivers, the boundaries are as follows:

- From the two most protruding points of the Ngat Bai River mouth running along both banks of the Ngat Bai, Long Tau, and Nha Be rivers to the Red Light Cape;

- From the two most protruding points of the Dua River mouth (where the Dua and Ngat Bai rivers meet) running along both banks of the Dua River to the junction of the Dua and Tac Dinh Cau rivers, then along both banks of Tac Dinh Cau and Rach Tac Roi (from the junction of Tac Dinh Cau and Rach Tac Roi to the junction of Rach Tac Roi and Long Tau river).

b) On the Saigon River:

From the confluence of the Saigon, Nha Be, and Dong Nai rivers (Red Light Cape) running along both banks of the Saigon River to the downstream side of the Saigon Bridge safety line.

c) On the Dong Nai River:

From the confluence of the Dong Nai, Nha Be, and Saigon rivers (Red Light Cape) running along both banks of the Dong Nai River to the straight line cutting across the river at the edge of Ong Nieu Creek downstream.

d) On the Soai Rap River:

From points SR1 and SR5 (at the Soai Rap River mouth) running along the coast of Can Gio District and both banks of the Soai Rap River to the junction of the Soai Rap and Nha Be rivers (Binh Khanh junction).

3. Boundaries of river branches and creek mouths leading into the rivers specified in Clause 2 of this Article: bounded by straight lines connecting the two most protruding points at the river branch or creek mouth. For Ben Nghe Creek and Roi Creek, the boundaries are the downstream safety lines of the Khanh Hoi Bridge and Phu Xuan Bridge.

Article 3. Pilot reception areas, quarantine zones, anchorage areas, transshipment areas, and storm shelters for vessels entering the port waters within the jurisdiction of Ho Chi Minh City are defined as follows:

1. Pilot reception areas and quarantine zones: are the pilot reception areas and quarantine zones stipulated in the Decision of the Minister of Transportation announcing the waters of ports within the jurisdiction of Ba Ria-Vung Tau Province, Binh Thuan Province, and under the management of the Vung Tau Maritime Port Office.

2. Anchorage areas, transshipment areas, and storm shelters:

a) Nha Be Area:

- For vessels with a deadweight tonnage up to 1,000 DWT in the waters to the left of the Saigon-Vung Tau Channel (Bac Cat-Nha Be area), bounded by straight lines connecting the following points: NB1, NB2, NB3, NB4, and NB5 with the following coordinates:

NB1: 10°43'29"N, 106°44'55"E;

NB2: 10°43'29"N, 106°44'40"E;

NB3: 10°42'42"N, 106°44'36"E;

NB4: 10°42'42"N, 106°44'43"E;

NB5: 10°42'57"N, 106°44'43"E.

- For vessels with a deadweight tonnage over 1,000 DWT in the waters to the right of the Saigon-Vung Tau Channel, bounded by circles with a radius of 250 meters centered at the following positions: NB6, NB7, NB8, NB9, and NB10 with the following coordinates:

NB6: 10°44'08"N, 106°44'43"E;

NB7: 10°44'03"N, 106°45'46"E;

NB8: 10°43'50"N, 106°45'33"E;

NB9: 10°43'35"N, 106°45'22"E;

NB10: 10°43'17"N, 106°45'14"E.

b) Soai Rap River Area: for oil-carrying vessels with a deadweight tonnage up to 2,000 DWT in the waters of the Bang Bank area, bounded by straight lines connecting the following points: SR6, SR7, SR8, and SR9 with the following coordinates:

SR6: 10°40'05"N, 106°45'49"E

SR7: 10°40'13"N, 106°45'52"E

SR8: 10°40'32"N, 106°45'05"E

SR9: 10°40'30"N, 106°44'36"E

c) Thieng Lieu Area: for vessels with a deadweight tonnage up to 75,000 DWT at locations on the Ngat Bai River from the junction of the Dong Thanh River to the Nui Van Cape.

d) For vessels entering or leaving seaports within the jurisdiction of Ho Chi Minh City but must anchor in the waters of seaports within the jurisdiction of Ba Ria-Vung Tau Province, the Director of the Vung Tau Marine Port Service shall designate positions according to the Decision of the Minister of Transport announcing the waters of seaports within the jurisdiction of Ba Ria-Vung Tau Province, Binh Thuan Province, and the management area of the Vung Tau Marine Port Service.

Article 4.

1. The Marine Port Service of Ho Chi Minh City shall be responsible for:

a) Implementing tasks and authorities as prescribed by the Vietnam Maritime Code and related legal documents concerning maritime activities in the waters of seaports within the jurisdiction of Ho Chi Minh City;

b) Based on actual conditions regarding weather, waves, drafts, and the load capacity of vessels, designate specific anchoring positions for vessels in the waters specified in points a, b, and c of Clause 2, Article 3 of this Decision, ensuring maritime safety, maritime security, and preventing environmental pollution.

2. Responsibilities for joint management between the Marine Port Service of Ho Chi Minh City and the Vung Tau Marine Port Service for vessels entering or leaving seaports within the jurisdiction of Ho Chi Minh City:

a) The Marine Port Service of Ho Chi Minh City:

- Notify the Vung Tau Marine Port Service of the name, nationality, call sign, main technical parameters, and other necessary information of the vessel at least two hours before the vessel arrives at the Vung Tau pilot station;

- Notify the Vung Tau Marine Port Service of the movement of the vessel from the position designated by the Vung Tau Marine Port Service to enter the waters of seaports within the jurisdiction of Ho Chi Minh City at least one hour before the vessel leaves the position;

- Handle procedures for vessels entering or leaving seaports within the jurisdiction of Ho Chi Minh City.

b) The Vung Tau Marine Port Service shall base its actions on actual conditions regarding weather, waves, drafts, and the load capacity of vessels entering or leaving the waters of seaports within the jurisdiction of Ho Chi Minh City to designate specific positions for vessels to pick up pilots, quarantine, anchor, transfer cargo, and avoid storms as stipulated in Clause 1 and point d of Clause 2, Article 3 of this Decision, ensuring maritime safety, maritime security, preventing environmental pollution, and notify the Marine Port Service of Ho Chi Minh City at least one hour before the vessel arrives at the Vung Tau pilot station.

3. Responsibilities for joint management between the Marine Port Service of Ho Chi Minh City and the Dong Nai Marine Port Service:

a) The Marine Port Service of Ho Chi Minh City shall be responsible for basing its actions on actual conditions regarding weather, waves, drafts, and the load capacity of vessels entering or leaving wharves and jetties 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 or avoid storms in the waters of seaports within the jurisdiction of Ho Chi Minh City, designate specific anchoring positions for vessels, and notify the Dong Nai Marine Port Service within one hour after receiving notification from the Dong Nai Marine Port Service.

b) The Dong Nai Marine Port Service shall be responsible for:

- Cooperating with the Marine Port Service of Ho Chi Minh City to ensure maritime order, maritime safety, maritime security, and prevent environmental pollution for vessels entering or leaving wharves and jetties 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 or avoid storms in the waters of seaports within the jurisdiction of Ho Chi Minh City;

- Notify the Marine Port Service of Ho Chi Minh City of the name, nationality, call sign, main technical parameters, and other necessary information of vessels entering or leaving wharves and jetties 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 arrives at the waters of seaports within the jurisdiction of Ho Chi Minh City; for vessels leaving wharves and jetties on the Nha Be River and Long Tau River within the jurisdiction of Dong Nai Province, notify before the vessel leaves the wharf or jetty;

- Handle procedures for vessels entering or leaving wharves and jetties on the Dong Nai River, Nha Be River, and Long Tau River within the jurisdiction of Dong Nai Province and Binh Duong Province.

c) Any incidents involving vessels occurring in the waters managed by which Marine Port Service shall be primarily resolved by that Marine Port Service according to the provisions of the law; if the incident occurs at the boundary of the waters of two Marine Port Services, it shall be primarily resolved by the Marine Port Service where the vessel enters or leaves the wharf or jetty.

Article 5.

1. This Decision shall take effect fifteen days after its publication in the Official Gazette.

2. Repeal Decision No. 08/2004/QĐ-BGTVT dated May 26, 2004, of the Minister of Transport on the waters of seaports within the jurisdiction of Ho Chi Minh City and the responsibility areas of the Ho Chi Minh City Marine Port Service, and any previous regulations inconsistent with this Decision.

Article 6. 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 Waterways Administration, the Director of the Ho Chi Minh City Department of Transport, the Director of the Ba Ria-Vung Tau Province Department of Transport, the Director of the Dong Nai Province Department of Transport, the Director of the Binh Duong Province Department of Transport, the Director of the Long An Province Department of Transport, the Director of the Tien Giang Province Department of Transport, the Director of the Ho Chi Minh City Marine Port Service, the Director of the Vung Tau Marine Port Service, the Director of the Dong Nai Marine Port Service, the Director of the My Tho Marine Port Service, Heads of relevant agencies, organizations, and individuals are responsible for implementing this Decision.