Circular No. 49/2013/TT-BGTVT announcing the waters of seaports within the jurisdiction of Ha Tinh Province and the management area of Ha Tinh Maritime Branch

CIRCULAR
Announcing the waters of seaports within the jurisdiction of Ha Tinh Province
and the management area of Ha Tinh Maritime Branch

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;

On the basis of the opinions of the People's Committee of Ha Tinh Province at Circular No. 2747/UBND-GT dated August 21, 2012, and Circular No. 2135/SGTVT-KH dated August 30, 2012 of the Department of Transport of Ha Tinh Province;

At the proposal of the Director of the Legal Department and the Director General of the Vietnam Maritime Administration;

The Minister of Transport issues this Circular to announce the waters of seaports within the jurisdiction of Ha Tinh Province and the management area of Ha Tinh Maritime Branch.

Article 1. Announcing the waters of seaports within the jurisdiction of Ha Tinh Province

Now announcing the waters of seaports within the jurisdiction of Ha Tinh Province including:

1. Waters of Vung Ang Seaport: comprising Berth No. 1, Berth No. 2, Oil and LPG Berth Vung Ang.

2. Waters of Xuan Hai Seaport: comprising Xuan Hai Berth and Xuan Pho Berth.

Article 2. Scope of the waters of seaports within the jurisdiction of Ha Tinh Province

The scope of the waters of seaports within the jurisdiction of Ha Tinh Province is defined according to the highest tidal level as follows:

1. Scope of the waters of Vung Ang Seaport:

a) The seaward boundary is limited by straight lines connecting points A1, A2, A3, A4, A5 with the following coordinates: A1: 18o06'30"N, 106°21'50"E; A2: 18°12'35"N, 106°21'50"E; A3: 18°12'35"N, 106°31'10"E; A4: 18o00'00"N, 106°31'10"E; A5: 18°00'00"N, 106°28'05"E.

2. The Xuan Hai area with the scope:

2. Scope of the waters of Xuan Hai Seaport on the Lam River includes:

a) Common waters with the waters of Ben Thuy Berth: these are the waters announced by the Minister of Transport within the waters of seaports within the jurisdiction of Nghe An Province and the management area of Nghe An Maritime Branch as stipulated;

b) Waters of Xuan Hai and Xuan Pho Berths: these are the waters on the Lam River bounded by two transverse lines intersecting the river at points 2000 meters upstream from the edge of the Xuan Hai wharf and 1000 meters downstream from the edge of the Xuan Pho wharf.

3. Coordinates of points A1, A2, A3, A4, A5 apply according to the VN-2000 coordinate system and are 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 Vietnam Maritime Administration shall organize the announcement of pilot reception and delivery zones, quarantine zones, anchorage areas, cargo transfer zones, and typhoon shelters for vessels entering and leaving Vung Ang and Xuan Hai seaports and other water areas within the scope of the waters of seaports specified in Article 2 of this Circular.

Article 4. Responsibilities of Ha Tinh Maritime Branch and related agencies

1. Ha Tinh Maritime Branch has the responsibility:

a) To perform tasks and exercise powers as prescribed by the Vietnam Maritime Code and relevant laws concerning maritime activities in the waters of seaports within the jurisdiction of Ha Tinh Province;

b) Based on actual conditions regarding meteorological and hydrological conditions, draft depth, tonnage of vessels, and nature of cargo, designate specific positions for vessels to receive and deliver pilots, undergo quarantine, anchor, transfer cargo, and avoid typhoons in the designated waters, ensuring maritime safety, maritime security, and environmental protection.

2. Responsibilities of Ha Tinh Maritime Branch and Nghe An Maritime Branch for common waters with the waters of Ben Thuy Berth: Coordination in management between Ha Tinh Maritime Branch and Nghe An Maritime Branch shall be carried out according to the following principles:

a) Ha Tinh Maritime Branch is responsible for coordinating with Nghe An Maritime Branch to manage and ensure order and safety in the common waters with the waters of Ben Thuy Berth. Matters arising related to vessels entering or leaving which berth shall be primarily resolved by the Maritime Branch managing that area in accordance with the law;

b) In cases where vessels enter or leave Xuan Hai and Xuan Pho Berths but anchor, transfer cargo, or avoid typhoons in the Hon Nu area, Ha Tinh Maritime Branch must notify Nghe An Maritime Branch at least three hours before the vessel arrives with relevant information for joint management in accordance with the law;

c) In cases where vessels arrive at Xuan Hai and Xuan Pho Berths but then go to Ben Thuy Berth or Cu Loi Port or vice versa, the Maritime Branch where the vessel first arrives is responsible for handling procedures and collecting entry fees; the Maritime Branch where the vessel subsequently arrives handles departure procedures and collects departure fees in accordance with the law;

d) For other activities related to order and safety in the common waters with the waters of Ben Thuy Berth, except those activities specified in point a and point b of this clause, Nghe An Maritime Branch shall carry out state management functions over maritime affairs in accordance with the law.

Article 5. State management responsibilities for maritime affairs in the marine area under the jurisdiction of Ha Tinh Province

Outside the scope of the maritime port waters defined in Article 2 of this Circular, the Ha Tinh Maritime Branch shall be responsible for state management of maritime safety, maritime security, and prevention of environmental pollution in the marine area under the jurisdiction of Ha Tinh Province.

Article 6. Effectiveness

1. This Circular takes effect from March 1, 2014. The Decision No. 11/2007/QĐ-BGTVT dated February 28, 2007 of the Minister of Transport on announcing the maritime port waters within the jurisdiction of Ha Tinh Province and the management area of the Ha Tinh Maritime Branch is hereby abolished.

2. The boundaries of the maritime port waters stipulated in this Circular are determined on the Hydrographic Chart number IA-100-08, first reprint edition of 1997 of the Vietnam People's Navy.

Article 7. Implementation Organization

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 Director of the Department of Transport of Ha Tinh Province, the Director of the Department of Transport of Nghe An Province, the Director of the Ha Tinh Maritime Branch, the Director of the Nghe An Maritime Branch, Heads of agencies, organizations, and individuals related to this Circular shall be responsible for its implementation./.