Decision No. 50/2007/QĐ-BGTVT announcing the port waters area within the jurisdiction of the city of Can Tho, Vinh Long province, and the management area of the Can Tho Maritime Port Office.

Pursuant to …;

Announcing the maritime port waters within the jurisdiction of the city of Can Tho, Vinh Long province, and the management area of the Can Tho Maritime Port Office

_____________________

THE MINISTER OF TRANSPORTATION

Pursuant to the Vietnam Navigation Law 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 Can Tho City at Official Letter No. 4359/UBND-XDCB dated November 1, 2006;

Based on the opinions of the People's Committee of Tra Vinh Province at Official Letter No. 2491/UBND-KTKT dated November 17, 2006;

Based on the opinions of the People's Committee of Soc Trang Province at Official Letter No. 1779/CTUBND-HC dated December 12, 2006;

Based on the opinions of the People's Committee of Dong Thap Province at Official Letter No. 527/UBND-XDCB dated November 21, 2006;

Based on the opinions of the People's Committee of Vinh Long Province at Official Letter No. 1183/UBND-TH dated May 15, 2007;

Based on the opinions of the People's Committee of Hau Giang Province at Official Letter No. 267/VP.UBND-NCTH dated April 14, 2007 and the opinions of the Department of Transportation of Hau Giang Province at Official Letter No. 621/CV-SGTVT dated May 15, 2007;

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

Pursuant to …;:

Article 1:

1. Now announcing the maritime port waters within the jurisdiction of the city of Can Tho and Vinh Long province, including:

a) The water areas before the port wharves and berths of the ports located within the jurisdiction of the city of Can Tho: Can Tho, Hau Giang Oil, Can Tho Oil Depot, Phuc Thanh Specialized, Song Hau Grain (Tra Noc), Petromekong Oil, X55, Total Gas Can Tho, Can Tho Container, Can Tho Waterway Transport;

b) The water areas before the port wharves and berths located within the jurisdiction of Vinh Long province: Bin Minh Specialized;

c) The water areas of the port channel, branch port channels, pilot reception zones, quarantine zones, anchorage areas, transshipment areas, and typhoon shelters for the ports specified in points a and b 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 scope of the maritime port waters within the jurisdiction of the city of Can Tho and Vinh Long province, measured according to the highest tidal level, is specifically defined as follows:

1. The seaward boundary: limited by straight lines connecting the following points with the coordinates listed below:

DA1: 09^°31’18”N, 106^°22’30”E ;

DA2: 09^°32’00”N, 106^°29’30”E;

DA3: 09^°36’00”N, 106^°38’00”E;

DA4: 09^°28’00”N, 106^°38’00”E;

DA5: 09^°25’42”N, 106^°30’00”E;

DA6: 09^°29’42”N, 106^°20’00”E

2. The boundary along the Hau River within the jurisdiction of the city of Can Tho and the provinces of Vinh Long, Tra Vinh, Soc Trang, Hau Giang, and Dong Thap: from two points DA1 and DA6 running along both banks of the river upstream to the straight line cutting across the river at the mouth of Rach Om Mon downstream.

3. The boundaries at the branches of the river, creeks, and canals connected to the Hau River as stipulated in Clause 2 of this Article are limited by straight lines connecting the two most protruding points at the river branches, creeks, and canals. Specifically, the boundary between Dung Island and Cong Dien Island is a straight line connecting the most protruding point upstream of Dung Island with the most protruding point downstream of Cong Dien Island; the boundary between Cong Dien Island and the bank of the Hau River (Soc Trang jurisdiction) is a perpendicular line drawn from the most protruding point upstream of Cong Dien Island to the bank of the Hau River.

Article 3. The pilot reception zones, quarantine zones, anchorage areas, transshipment areas, and typhoon shelters for vessels entering the ports within the jurisdiction of the city of Can Tho and Vinh Long province are specifically defined as follows:

1. Pilot reception zones and quarantine zones: are water areas limited by a circle with a radius of 01 nautical mile, with the center having the coordinates: 09^°28’54”N, 106^°30’24”E.

2. Anchorage and Typhoon Shelter Areas:

a) The area at the mouth of the Hau River: as decided by the Director of the Vietnam Maritime Administration.

b) The area upstream of the Can Tho port wharf: is the water area defined in Clause 2, Article 2 of this Decision, the specific location to be determined by the Director of the Vietnam Maritime Administration.

3. Cargo Transfer Areas:

a) The area at the mouth of the Hau River: as decided by the Director of the Vietnam Maritime Administration

b) The area downstream of the Can Tho port wharf: for vessels up to 25,000DWT at the mooring buoys B9 and B10 with the following coordinates:

CC-N1: 09^°59’34”N, 105^°50’15”E;

CC-N2: 09^°59’41”N, 105^°50’09”E;

CC-N3: 09^°59’47”N, 105^°50’04”E.

c) The area upstream of the Can Tho port wharf: at the mooring buoys BT-N1 to BT-N12 and the anchorage positions from N1 to N20 within the water area bounded from the mouth of Rach Cai Von to the upstream of Rach Om Mon with the following coordinates:

- Mooring buoys:

BT-N1: 10^°05’47”N, 105^°44’39”E;

BT-N2: 10^°05’51”N, 105^°44’33”E;

BT-N3: 10^°05’56”N, 105^°44’27”E;

BT-N4: 10^°05’59”N, 105^°44’22”E;

BT-N5: 10^°06’03”N, 105^°44’16”E;

BT-N6: 10^°06’07”N, 105^°44’10”E;

BT-N7: 10^°06’10”N, 105^°44’06”E;

BT-N8: 10^°06’14”N, 105^°44’00”E;

BT-N9: 10^°06’18”N, 105^°43’54”E;

BT-N10: 10^°05’04”N, 105^°44’38”E;

BT-N11: 10^°05’08”N, 105^°44’33”E;

BT-N12: 10^°05’12”N, 105^°44’27”E.

- Anchorage positions:

N1: 10^°06’12”N, 105^°43’58”E;

N2: 10^°06’22”N, 105^°43’45”E;

N3: 10^°07’19”N, 105^°42’07”E;

N4: 10^°07’25”N, 105^°41’55”E;

N5: 10^°07’33”N, 105^°41’44”E;

N6: 10^°07’40”N, 105^°41’33”E;

N7: 10^°07’48”N, 105^°41’22”E;

N8: 10^°07’55”N, 105^°41’12”E;

N9: 10^°08’03”N, 105^°41’01”E;

N10: 10^°08’11”N, 105^°40’50”E;

N11: 10^°08’16”N, 105^°40’42”E;

N12: 10^°08’23”N, 105^°40’31”E;

N13: 10^°08’30”N, 105^°40’20”E;

N14: 10^°08’38”N, 105^°40’09”E;

N15: 10^°08’46”N, 105^°39’59”E;

N16: 10^°08’54”N, 105^°39’47”E;

N17: 10^°09’01”N, 105^°39’35”E;

N18: 10^°09’10”N, 105^°39’25”E;

N19: 10^°09’20”N, 105^°39’17”E;

N20: 10^°09’29”N, 105^°39’07”E.

d) The area at the mouth of Rach Cai Sann:

- Mooring buoys SH1 and SH2 for ships with a deadweight tonnage up to 15,000DWT, limited by the following anchor points with the coordinates:

SH1-R1: 10^°19’19”N, 105^°29’49”E;

SH1-R2: 10^°19’13”N, 105^°29’54”E;

SH1-R3: 10^°19’07”N, 105^°29’58”E;

SH1-R4: 10^°19’03”N, 105^°30’04”E.

- Anchorage positions LH1 and LH2 with the following coordinates:

LH1: 10^°19’18”N, 105^°29’56”E;

LH2: 10^°19’24”N, 105^°29’49”E.

- Other anchorage areas to be determined by the Director of the Vietnam Maritime Administration after obtaining approval from the Ministry of Transportation.

Article 4.

1. The Can Tho Maritime Port Office shall be responsible for:

a) Implementing the duties and powers as prescribed by the Vietnam Navigation Law and relevant laws concerning maritime activities in the maritime port waters within the jurisdiction of the city of Can Tho and Vinh Long province;

b) Based on the actual situation regarding weather, waves, tide levels, and the deadweight tonnage of vessels, designating specific locations for vessels to receive pilots, undergo quarantine, anchor, transship, and avoid typhoons within the water areas defined in Article 3 of this Decision, ensuring maritime safety, maritime security, and environmental protection.

2. Responsibilities for coordination and management between the Can Tho Maritime Branch and the Dong Thap Maritime Branch, the An Giang Maritime Branch, and the Vung Tau Maritime Branch:

a) The Can Tho Maritime Branch shall be responsible for:

- Based on the actual situation regarding weather, waves, wind, draft, and tonnage of vessels entering and leaving the ports managed by the Dong Thap Maritime Branch and the An Giang Maritime Branch, designate specific locations for vessels to pick up and drop off pilots, undergo quarantine, anchor, and avoid storms within the designated waters as stipulated in Articles 2 and 3 of this Decision, ensuring maritime safety, maritime security, preventing environmental pollution, and promptly informing relevant Maritime Branches;

- Take the lead and coordinate with the Vung Tau Maritime Branch to resolve incidents related to maritime safety and maritime security involving vessels operating in the nearshore sea area from the Ba Dong Gate in Tra Vinh Province to the My Thanh Gate in Soc Trang Province.

b) The Dong Thap Maritime Branch and the An Giang Maritime Branch shall be responsible for:

- Informing the Can Tho Maritime Branch of the name, nationality, main technical specifications, and other necessary information of vessels at least two hours before the vessels arrive at the pilot station as specified in Clause 1, Article 3 of this Decision;

- Informing the Can Tho Maritime Branch of the movement of vessels departing from the location designated by the Can Tho Maritime Branch to enter the port waters under their own management at least one hour before the vessels leave the designated location;

- Processing procedures for vessels to enter and leave wharves and piers according to regulations for vessels arriving in the port waters under their management;

- Cooperating with the Can Tho Maritime Branch to resolve incidents arising when vessels enter and leave ports located in Dong Thap Province and An Giang Province while operating in the Hau River port waters under the jurisdiction of Can Tho City and Vinh Long Province;

c) The Vung Tau Maritime Branch shall be responsible for coordinating with the Can Tho Maritime Branch to resolve incidents related to maritime safety and maritime security involving vessels operating in the nearshore sea area from the Ba Dong Gate in Tra Vinh Province to the My Thanh Gate in Soc Trang Province.

Article 5.

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

2. Abolish Decision No. 936/QĐ-PCVT dated May 17, 1993, of the Ministry of Transport concerning the waters of the Can Tho Port and the responsibility zone of the Can Tho Maritime Branch, and any previous provisions that conflict with this Decision.

Article 6. 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 Infrastructure of Can Tho City, the Director of the Department of Transport of Tra Vinh Province, the Director of the Department of Transport of Soc Trang Province, the Director of the Department of Transport of Hau Giang Province, the Director of the Department of Transport of Vinh Long Province, the Director of the Department of Transport of An Giang Province, the Director of the Department of Transport of Dong Thap Province, the Director of the Can Tho Maritime Branch, the Director of the An Giang Maritime Branch, the Director of the Dong Thap Maritime Branch, the Director of the Vung Tau Maritime Branch, Heads of agencies, organizations, and individuals concerned shall be responsible for implementing this Decision./.  In Dong Thap, the Director of the Dong Thap Department of Transport, the Director of the Can Tho Maritime Branch, the Director of the An Giang Maritime Branch, the Director of the Dong Thap Maritime Branch, the Director of the Vung Tau Maritime Branch, the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Decision./.