Circular No. 52/2011/TT-BGTVT announcing the waters of the seaport within the jurisdiction of Da Nang City and the management area of the Da Nang Maritime Port Office

CIRCULAR

Announcing the port waters within the jurisdiction of Da Nang City

and the management area of Da Nang Port Maritime Administration

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Based on 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 management of seaports and shipping channels;

Based on the opinions of the People's Committee of Da Nang City at Official Letter No. 3561/UBND-QLĐTh dated June 18, 2011;

Based on the opinions of the People's Committee of Quang Nam Province at Official Letter No. 1776/UBND-KTN dated May 25, 2011;

The Minister of Transport hereby promulgates the water area of the seaport within the jurisdiction of Da Nang City and under the management of Da Nang Marine Port Control Office as follows:

Article 1. Announcement of the port waters within the territory of Da Nang City

1. The water area of the seaport within the jurisdiction of Da Nang City includes:

a) Water areas before port wharves and berths: Han River, Tien Sa, Lien Chieu, dedicated berth of PETEC Company, dedicated buoy berth for fuel PTSC, dedicated berth of Hai Van Cement Factory, Area B of Ha Son Ship Repair Enterprise, Nguyen Van Troi, Nai Hien Wharf, and My Khe Buoy Berth;

b) Water areas of port channels, branch channels, pilot reception zones, quarantine zones, anchorage areas, transshipment areas, and storm shelters of the ports specified in point a of this clause.

2. Other water areas before port wharves, berths, anchorage areas, transshipment areas, and storm shelters shall be announced in accordance with the provisions of the law.

Article 2. Scope of the water area of the seaport within the jurisdiction of Da Nang City

The scope of the water area of the seaport within the jurisdiction of Da Nang City, measured according to the highest tidal level, is specifically defined as follows:

1. Da Nang Bay area:

a) Seaward boundary: limited by a straight line connecting two points DN1 and DN2, with the following coordinates: DN1: 16012'28"N, 108012'12"E (southern edge of Son Tra Island); DN2: 16009'16"N, 108014'42"E (northwestern edge of Son Tra Peninsula).

b) Landward boundary: the entire water area of Da Nang Bay, specifically limited from point DN2 along the coastline of Da Nang Bay towards the west of Son Tra Peninsula, through Han River mouth, continuing along the coastline towards the west of Da Nang Bay, through Nam O Cape and Isabelle Cape, northwards to point DN3 with coordinates 16012'28"N, 108011'26"E (eastern edge of Hai Van Pass, bordering Thua Thien Hue Province); from point DN3 connected directly to point DN4 with coordinates 16012'38"N, 108011'42"E (southwestern edge of Son Tra Island) and running along the southwestern coast of Son Tra Island ending at point DN1.

2. Han River area: The boundaries are determined from the two ends of Han River mouth (adjacent to the water area of Da Nang Bay), running along both banks of the river upstream to the lower limit safety zone of Nguyen Van Troi Bridge.

3. My Khe Buoy Berth area:

a) Seaward boundary: limited by straight lines connecting points MK1, MK2, and MK3 with the following coordinates: MK1: 16003'00"N, 108014'40"E; MK2: 16003'00"N, 108018'00"E; MK3: 16005'45"N, 108018'00"E;

b) Landward boundary: from point MK3 along the southeastern coast of Son Tra Peninsula to point MK1.

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

Pilot reception zones, quarantine zones, anchorage areas, transshipment areas, and storm shelters for vessels entering the seaport within the jurisdiction of Da Nang City are defined as follows:

1. Da Nang Bay area:

a) Pilot reception zones and quarantine zones: are water areas limited by a circle with a radius of 01 nautical mile, with the center located at coordinates: 16010'00"N, 108011'00"E.

b) Anchorage areas, transshipment areas, and storm shelters for vessels in the water areas specified in Clause 1 of Article 2 of this Circular.

2. My Khe Buoy Berth area:

a) Pilot reception zones and quarantine zones: are water areas limited by a circle with a radius of 0.5 nautical miles, with the center located at coordinates: 16004'00"N, 108017'00"E.

b) Anchorage areas, transshipment areas, and storm shelters for vessels in the water areas specified in Clause 3 of Article 2 of this Circular.

Article 4. Responsibilities of the Danang Marine Port Supervision Authority

The Da Nang Marine Port Control Office is responsible for:

1. Performing its duties and exercising its powers in accordance with the Maritime Code of Vietnam and related laws governing maritime activities in the water area of the seaport within the jurisdiction of Da Nang City.

2. Based on actual conditions regarding weather, waves, drafts, and tonnage of vessels, designating specific positions for vessels to receive pilots, undergo quarantine, anchor, transship, and seek shelter from storms in the water areas stipulated 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 Jurisdiction of Danang City

Outside the water area of the seaport stipulated in Articles 2 and 3 of this Circular, the Da Nang Marine Port Control Office also has the responsibility to manage state affairs concerning maritime safety, maritime security, and prevention of environmental pollution in the sea area within the jurisdiction of Da Nang City.

Article 6. Effectiveness

1. This Circular takes effect 45 days from the date of signature. Decree No. 09/2007/QĐ-BGTVT dated February 23, 2007 of the Minister of Transport on announcing the water area of seaports within the jurisdiction of Da Nang City, Quang Nam Province, and under the management of the Da Nang Marine Port Control Office, and previous regulations contrary to this Circular are hereby repealed.

2. Coordinates specified in this Circular are applied according to the VN 2000 coordinate system and converted to corresponding systems in the attached Appendix.

Article 7. Responsibility for Implementation

The Director of the Ministry’s Office, the Director of the Ministry’s Inspectorate, Heads of Departments under the Ministry, Directors of the Vietnam Maritime Administration, Directors of the Vietnam Inland Waterway Administration, Directors of the Department of Transport of Da Nang City, Directors of the Department of Transport of Quang Nam Province, Director of the Da Nang Marine Port Control Office, Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular.