Circular No. 58/2011/TT-BGTVT on mandatory pilotage zones of Vietnam

CIRCULAR

Regulations on Compulsory Pilotage Areas for Maritime Navigation in Vietnam

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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;

BASED ON THE DECREE NO. 173/2007/NĐ-CP dated November 28, 2007 OF THE GOVERNMENT ON THE ORGANIZATION AND OPERATIONS OF BUOY GUIDES;

The Minister of Transport hereby stipulates the mandatory pilotage zones of Vietnam as follows:

Article 1. Scope of Regulation

This Circular stipulates regulations on compulsory pilotage areas for maritime navigation in Vietnam.

Article 2. Applicability

This Circular applies to:

1. Ship owners or ship operators, managers, and captains of vessels operating within the mandatory pilotage zones of Vietnam;

2. Pilotage organizations and maritime pilots;

3. Agencies, organizations, and individuals related to compulsory pilotage areas for maritime navigation in Vietnam.

Article 3. Explanation of Terms

1. The mandatory pilotage zone (referred to as the mandatory pilotage area) is a defined portion of port waters or offshore oil exploration areas, delineated from the pilot exchange zone at the wharf, berth, anchorage, cargo transfer area, typhoon shelter, shipbuilding and repair yard, and offshore oil terminal, where vessels must use a pilot for navigation according to the law when moving through such areas.

2. The vessel guidance route is the voyage route of vessels guided by a pilot from the pilot exchange zone along the port channel or branch channel into the wharf, berth, anchorage, cargo transfer area, typhoon shelter, shipbuilding and repair yard, and vice versa, of a port or offshore oil terminal within the mandatory pilotage area.

3. The pilot exchange zone is a designated water area within the mandatory pilotage area for vessels to pick up or drop off pilots.

4. Vessels include merchant ships, military ships, public service ships, fishing boats, inland waterway vessels, seaplanes, and other watercraft of both domestic and foreign origin.

Article 4. Principles for Establishing, Announcing, and Assigning Mandatory Pilotage Areas and Vessel Guidance Routes

1. The mandatory pilotage area is established based on the operational scope and capacity of pilotage organizations, the characteristics of port waters including the pilot exchange zone, the density of vessels, and meteorological and hydrological conditions within the mandatory pilotage area, with the aim of ensuring maritime safety, maritime security, and environmental protection.

2. A mandatory pilotage area may consist of one or more vessel guidance routes.

3. The announcement of vessel guidance routes and the assignment of pilotage operation areas or vessel guidance routes to pilotage organizations must ensure stability, maritime safety, maritime security, and environmental protection without disrupting existing vessel guidance routes assigned to pilotage organizations.

Article 5. Mandatory Pilotage Areas

1. Area 1: The mandatory pilotage area from Quang Ninh Province to Nam Dinh Province: From the pilot exchange zones at ports, berths, wharfs, anchorages, cargo transfer areas, typhoon shelters, and shipbuilding and repair yards located in the port waters of Quang Ninh, Thai Binh, Nam Dinh Provinces, and Haiphong City.

2. Area 2: The mandatory pilotage area from Thanh Hoa Province to Quang Tri Province: From the pilot exchange zones at ports, berths, wharfs, anchorages, cargo transfer areas, typhoon shelters, and shipbuilding and repair yards located in the port waters of Thanh Hoa, Nghe An, Ha Tinh, Quang Binh, and Quang Tri Provinces.

3. Area 3: The mandatory pilotage area from Thua Thien Hue Province to Quang Ngai Province: From the pilot exchange zones at ports, berths, wharfs, anchorages, cargo transfer areas, typhoon shelters, and shipbuilding and repair yards located in the port waters of Da Nang City, Thua Thien Hue, Quang Nam, and Quang Ngai Provinces.

4. Area 4: The mandatory pilotage area from Binh Dinh Province to Phu Yen Province: From the pilot exchange zones at ports, berths, wharfs, anchorages, cargo transfer areas, typhoon shelters, and shipbuilding and repair yards located in the port waters of Binh Dinh and Phu Yen Provinces.

5. Area 5: The mandatory pilotage area from Khanh Hoa Province to Ninh Thuan Province: From the pilot exchange zones at ports, berths, wharfs, anchorages, cargo transfer areas, typhoon shelters, and shipbuilding and repair yards located in the port waters of Khanh Hoa and Ninh Thuan Provinces.

6. Area 6: The mandatory pilotage area within the territories of Binh Thuan, Ba Ria-Vung Tau, Dong Nai, Binh Duong, Long An Provinces, Ho Chi Minh City, and provinces along the Mekong River: From the pilot exchange zones at ports, berths, wharfs, anchorages, cargo transfer areas, typhoon shelters, and shipbuilding and repair yards located in the port waters of Binh Thuan, Ba Ria-Vung Tau, Dong Nai, Binh Duong Provinces, Ho Chi Minh City, and provinces along the Mekong River.

7. Area 7: The mandatory pilotage area within provinces along the Hau River, Kien Giang, and Ca Mau Provinces: From the pilot exchange zones at ports, berths, wharfs, anchorages, cargo transfer areas, typhoon shelters, and shipbuilding and repair yards located in the port waters of provinces and cities along the Hau River and Soc Trang, Bac Lieu, Kien Giang, and Ca Mau Provinces.

8. Area 8: The mandatory pilotage area in offshore oil exploration zones in Vietnam's territorial waters: From the pilot exchange zones to the positions of oil storage vessels at offshore oil terminals and oil facilities at oil fields in Vietnam's territorial waters.

Article 6. Activities related to marine pilotage services in mandatory pilotage areas

1. Ships operating in mandatory pilotage areas must use marine pilots to guide vessels, except in cases where they are exempted from using marine pilots according to the provisions of the law.

2. Marine pilot organizations operating in a mandatory pilotage area have the obligation to provide and fully meet the demand for marine pilotage services in the assigned mandatory pilotage area or on the assigned vessel guiding route within the mandatory pilotage area, ensuring service quality, maritime safety, maritime security, and environmental pollution prevention as prescribed by law; at the same time, they shall be responsible for providing marine pilotage services.

3. In a mandatory pilotage area with two or more marine pilot organizations operating, these organizations must establish regulations for coordinating activities to provide marine pilotage services, seek opinions from the Maritime Port Office in the region, and report to the Vietnam Maritime Administration for managing marine pilot activities, ensuring timely response to demands for marine pilotage services and strict compliance by marine pilots with their assigned functions and tasks during execution. Based on the specific characteristics of each mandatory pilotage area, the coordination regulations for marine pilotage services include the following main contents:

a) Communication information parameters of coordinating marine pilot organizations;

b) Daily vessel routing plans of marine pilotage organizations;

c) Coordination among individual marine pilots during vessel guidance, especially when vessels navigate through narrow channels, turning areas, or places with high vessel traffic density;

d) Notification of vessel routing situations in necessary cases such as accidents, incidents, or the discovery of dangerous obstructions affecting maritime operations;

d) Agreement on support for arranging marine pilots to guide vessels if one marine pilot organization cannot meet the service provision requirements at a certain point in time; the arranged marine pilot must satisfy relevant legal provisions;

e) Agreement on the allocation of marine pilots to guide vessels from wharfs, ports, cargo transfer zones, anchorage areas to other wharfs, ports, cargo transfer zones, anchorage areas within the mandatory pilotage area;

g) Agreement on material and equipment support;

h) Other special agreements (if any). In case marine pilot organizations cannot agree on the contents stipulated in this clause, the opinion of the Maritime Port Office in the region shall be the final decision.

4. A marine pilot holding a certificate of operation in two or more mandatory pilotage areas and meeting relevant legal provisions may guide vessels in these mandatory pilotage areas if approved by the marine pilot management organization and there is an agreement between the marine pilot management organization and the marine pilot organization assigned to operate in that mandatory pilotage area.

Article 7. Effective Date

This Circular takes effect 45 days from the date of signature and replaces Decision No. 64/2005/QĐ-BGTVT dated November 30, 2005 of the Minister of Transport on mandatory pilotage areas in Vietnam.

Article 8. Implementation organization

The Head of the Ministry’s Office, the Inspector General, Heads of Departments, Director of the Vietnam Maritime Administration, Director of the Vietnam Inland Waterways Administration, Directors of Provincial Departments of Transport, General Directors of Marine Safety Assurance Corporations, Directors of Maritime Port Offices, Directors of marine pilot organizations, and related agencies, organizations, and individuals are responsible for implementing this Circular.