Circular No. 51/2011/TT-BGTVT announcing the waters of the seaports within the jurisdiction of Quang Nam Province and the management area of the Quang Nam Maritime Port Office

CIRCULAR

Announcing the port waters within the jurisdiction of Quang Nam province

and the management area of the Quang Nam Maritime Port Office

_______________________

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

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 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 Quang Nam Province at Official Letter No. 1776/UBND-KTN dated May 25, 2011;

Based on the opinions of the Department of Transport of Da Nang City at Official Letter No. 919/SGTVT-QLGTĐT dated June 3, 2011 (acting on behalf of the People's Committee of Da Nang City at Official Letter No. 1389/VP-QLĐTh dated May 9, 2011 of the Office of the People's Committee of Da Nang City);

The Minister of Transport announces the port waters within the jurisdiction of Quang Nam province and the management area of the Quang Nam Maritime Port Office as follows:

Article 1. Announcing the port waters within the jurisdiction of Quang Nam Province

1. The port waters within the jurisdiction of Quang Nam province include:

a) The waters before the quay and wharf of the Ky Ha port:

- Ky Ha Wharf: Quay No. 1, Quay No. 2 and the Gas Quay of the Danang Gas Joint Venture Company;

- Tam Hiep Wharf: Quay No. 1.

b) The waters of the port channel, branch port channel, pilot station, quarantine area, anchorage, transshipment area, and storm shelter areas of the ports specified in point a of this clause.

2. Other waters before the quay and wharf, anchorage, transshipment area, and storm shelter areas shall be announced in accordance with the provisions of the law.

Article 2. Scope of the port waters within the jurisdiction of Quang Nam Province

The scope of the Ky Ha port waters within the jurisdiction of Quang Nam province, measured according to the highest tidal level, is specifically defined as follows:

1. The Ky Ha Area:

a) The seaward boundary: delimited by straight lines connecting points KH1, KH2, KH3, and KH4 with the following coordinates:

- KH1: 15°31'00"N, 108°40'00"E;^O- KH2: 15°31'30"N, 108°40'30"E;^O- KH3: 15°28'54"N, 108°40'00"E;

- KH4: 15°31'12"N, 108°40'30"E.^O- KH2: 15°31'30"N, 108°40'30"E;^Ob) The landward boundary: from point KH4 running along the coastline towards the northwest, passing through the Tra Long River mouth, continuing along the coast to the west to point KH1.

c) The boundary on the Tra Long River: from the two ends of the Tra Long River mouth, running along both banks of the river upstream to the straight line intersecting the river between points TG1 and TG2 with the following coordinates:^O- TG1: 15°29'24"N, 108°38'42"E;^Ob) The landward boundary: from point KH4 running along the coastline towards the northwest, passing through the Tra Long River mouth, continuing along the coast to the west to point KH1.

- TG2: 15°28'30"N, 108°38'42"E.^O- TG1: 15°29'24"N, 108°38'42"E;^O2. The Tam Hiep Area:

a) The boundary on the Tra Long River: from the straight line intersecting the river between points TG1 and TG2 with the aforementioned coordinates, running along both banks of the river upstream to the straight line connecting points TG3 and TG4 with the following coordinates:

- TG3: 15°28'42"N, 108°37'00"E;

- TG4: 15°28'06"N, 108°37'35"E.⁰ b) The landward boundary: from point TG4 running along the Tra Long River bank towards the northwest, passing through Quay No. 1 of Tam Hiep Wharf to point TG3.⁰ The pilot station, quarantine area, anchorage, transshipment area, and storm shelter for vessels entering the Ky Ha port within the jurisdiction of Quang Nam province are defined as follows:

1. Pilot Station and Quarantine Area⁰ The pilot station and quarantine area are water areas limited by a circle with a radius of 0.5 nautical miles, centered at the position with the following coordinates:⁰ 15°29'30"N, 108°41'42"E.

2. Anchorage and Transshipment Area

a) The Ky Ha Area: the anchorage and transshipment area are defined in Clause 1, Article 2 of this Circular;

b) The Tam Hiep Area: the anchorage and transshipment area are water areas defined in Clause 2, Article 2 of this Circular on the Tra Long River opposite Tam Hiep Wharf.

3. Storm Shelter Area: when there is a typhoon, vessels anchored at Ky Ha Wharf and Tam Hiep Wharf must be moved out of the Ky Ha Wharf and Tam Hiep Wharf waters on the Tra Long River.

b) The landward boundary: from point TG4 running along the eastern bank of the Yangtze River towards the northwest through bridge number 1 at Tam Hiep port to point TG3.

Article 3. Pilot reception and delivery areas, quarantine zones, anchorage areas, transshipment areas, and storm shelters

The pilot station area, quarantine zone, anchorage area, cargo transfer area, and typhoon shelter for vessels entering Ky Ha sea port in Quang Nam province are defined as follows:

1. Pilot station area, quarantine zone

The pilot station area and quarantine zone are delineated by a circular area with a radius of 0.5 nautical miles, centered at coordinates:

15°29'30"N, 108°41'42"EE.

2. Anchorage area, cargo transfer area

a) Ky Ha area: the anchorage area and cargo transfer area are specified in Clause 1, Article 2 of this Circular;

b) Tam Hiep area: the anchorage area and cargo transfer area are designated as the water area specified in Clause 2, Article 2 of this Circular on the Yangtze River opposite Tam Hiep port in Tam Hiep commune.

3. Typhoon shelter: when there is a typhoon, vessels anchored at Ky Ha port and Tam Hiep port must be moved out of the water areas of Ky Ha port and Tam Hiep port on the Yangtze River.

Article 4. Responsibilities of the Quang Nam Maritime Port Office

The Quang Nam Maritime Port Office shall be responsible for:

1. Performing its tasks and powers as prescribed by the Vietnam Maritime Code and relevant laws concerning maritime activities within the waters of the seaports located in the territory of Quang Nam Province;

2. Based on actual conditions regarding weather, waves, winds, draft, and tonnage of vessels, designating specific positions for vessels to pick up and drop off pilots, undergo quarantine, anchor, transfer cargo, and avoid typhoons within the waters specified in Article 3 of this Circular, ensuring maritime safety, maritime security, and prevention of environmental pollution.

Article 5. State Management Responsibilities for Maritime Affairs in the Sea Area within the Territory of Quang Nam Province

Outside the seaport waters defined in Articles 2 and 3 of this Circular, the Quang Nam Maritime Port Office shall also be responsible for state management of maritime safety, maritime security, and prevention of environmental pollution in the sea areas within the territory of Quang Nam Province.

Article 6. Effectiveness

1. This Circular shall take effect 45 days from the date of signature. Previous regulations contrary to this Circular are hereby abolished.

2. The coordinates stipulated in this Circular shall be applied according to the VN 2000 coordinate system and converted to corresponding systems in the Appendix attached hereto.

Article 7. Responsibility for Implementation

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 Quang Nam Department of Transport, the Director of the Da Nang Department of Transport, the Director of the Quang Nam Maritime Port Office, Heads of agencies, organizations, and individuals concerned shall be responsible for implementing this Circular./.