Decision No. 994/2003/QD-BGTVT On the waters of seaports within the jurisdiction of Haiphong City and the responsibility area of Haiphong Port Control Office

Pursuant to …;

Regarding the waters of the seaports within the jurisdiction of Haiphong City

and the area of responsibility of the Haiphong Port Authority

_______________________

MINISTER OF TRANSPORTATION AND LOGISTICS

Pursuant to Article 58 of the Vietnam Maritime Code dated June 30, 1990;

Now hereby promulgates with this Decision the "Regulations on Responsibilities and Forms of Handling for Organizations and Individuals when Violating Management and Operation of Road Traffic Load Control Stations for Motor Vehicles."

Pursuant to the opinion of the People's Committee of Haiphong City at Official Letter No. 3399/CV-UB dated July 22, 2002;

At the proposal of the Director of the Legal Affairs Department - Transportation and the Director of the Vietnam Maritime Administration;

DECISION:

Article 1. Now, we announce the waters of the seaports within the jurisdiction of Haiphong City including:

1. The waters before the port wharves: Haiphong, Vat Cay, Duong Xa, Chua Ve, Lilama, Thang Long Gas, Thuan Ly, Ca Ha Long, Dai Hai, Hong Ha, Cuu Cam, Thuy San II, Transvina, Bao Dam Hang Hai (Shell Gas), Total Gas, Dong Hai, Nang Luong, 128, Bien Phong, Petec-An Hai, Shipyard Bai Dang, Caltex, Ship Repair Pha Rung, Ship Repair Nam Trieu, Heavy Industry Halong.

2. The waters of the maritime channels, anchorage areas, transshipment zones, and typhoon shelters of the ports specified in Clause 1 of this Article and the anchorage and transshipment areas on the Bac Giang River, Cam River, Lan Ha Bay, and Cat Ba Bay.

3. The waters before other wharfs and zones for anchorage, transshipment, and storm shelter will be promulgated in accordance with the provisions of the law.

Article 2. The scope of the waters of the seaports within the jurisdiction of Haiphong City measured according to the highest tidal level is defined as follows:

1. The seaward boundary: limited by straight lines connecting the following coordinate points:

A1. 20°49',2 N; 106°48',5 E (east of the Van Phuc Peninsula)

A2. 20°37',2 N; 106°48',7 E (southeast of Hon Dao Island)

A3. 20°40',0 N; 107°00',0 E

A4. 20°40',0 N; 107°06',8 E

A5. 20°46',8 N; 107°06',9 E (Hon Non Dong)

A6. 20°47',2 N; 107°05',9 E (south of Hon Don Dat Ngoai)

A7. 20°42',7 N; 107°05',2 E (Hon Con Be)

A8. 20°41',8 N; 107°03',9 E (Hon Duoi Boong Dong)

A9. 20°42',5 N; 107°03',5 E (southwest of Hon Guoc)

A10. 20°42',7 N; 107°02',9 E (southeast of Hon Cap Bu De)

A11. 20°41',4 N; 107°02',5 E (south of Hon Nen)

A12. 20°42',4 N; 107°01',0 E (southwest of Hon Rua Nui)

A13. 20°47',5 N; 106°55',1 E (northwest of Phu Long Beach)

2. The landward boundary: limited as follows:

- From point A13 along the right bank of the Huyen Channel up to latitude 20°50',0 N (the intersection of the Chanh River and the Huyen Channel), running horizontally along this latitude to the left bank of the Huyen Channel, then running along this bank downstream around the southern border of Cat Hai District to the southwestern tip of Cat Hai District (adjacent to the Bac Giang River). Then, from the southwestern tip of Cat Hai District and Point A1, running along both banks of the Bac Giang River to latitude 20°57',0 N cutting across the river, and from there running along both banks of the Gia River to 200 meters away from the Minh Duc dam. From the two ends of the Cam River mouth, running along both banks of the river to the horizontal boundary on the river, 200 meters upstream from the Vat Cay port (across An Son village, An Dong commune, An Hai district).

Article 3. The pilot reception, quarantine, anchorage, transshipment, and typhoon shelter areas for vessels entering the seaports within the jurisdiction of Haiphong City are defined as follows:

1. Pilot reception area:

a. For vessels entering the seaports within the jurisdiction of Haiphong City: the water area is limited by a semicircle to the south with a radius of 02 nautical miles and centered at coordinates: 20⁰ 40', 0 N; 106⁰ 51', 0 E.

b. For vessels entering the seaports within the jurisdiction of Haiphong City but must transship at the Hon Gai and Halong areas: defined as follows:

- For all vessels under normal weather conditions: the water area is limited by a circle with a radius of 01 nautical mile and centered at coordinates: 20⁰43',4 N; 107⁰10',3 E.

- For all vessels under bad weather conditions: the water area is limited by a circle with a radius of 0.5 nautical miles and centered at coordinates: 20⁰49', 0 N; 107⁰08', 1 E.

- For Vietnamese vessels with a deadweight tonnage up to 5,000 DWT: the water area is limited by a circle with a radius of 0.4 nautical miles and centered at coordinates: 20⁰ 52', 5 N; 107⁰04', 9 E.

2. Quarantine zone:

a. For vessels entering the seaports within the jurisdiction of Haiphong City:

- For all types of vessels with a deadweight tonnage of 3,000 DWT or more: the area has been defined in Point a Clause 1 of this Article.

- For vessels with a deadweight tonnage less than 3,000 DWT: the anchorage and transshipment area on the Bac Giang River, designated by the Haiphong Port Authority.

b. For vessels entering the seaports within the jurisdiction of Haiphong City but must transship at the Hon Gai and Halong areas: the water area is limited by a circle with a radius of 01 nautical mile and centered at coordinates: 20⁰ 43', 4 N; 107⁰10', 3 E.

3. Anchorage, transshipment, and typhoon shelter areas:

a. On the Bac Giang River:

- For dry cargo vessels at the positions with the following coordinates:

NT1. 20⁰47', 8 N; 106⁰50', 6 E.

NT2. 20⁰48' , 1 N; 106⁰50', 6' E

BD1. 20⁰ 50', 5 N; 106⁰46', 6 E.

BD2. 20⁰50' , 6 N; 106⁰46', 4 E.

BD3. 20⁰50', 9 N; 106⁰46', 0 E.

BD4. 20⁰51' , 1 N; 106⁰45', 9 E.

BD5. 20⁰51', 7 N; 106⁰45', 5 E.

BD6. 20⁰51' , 9 N; 106⁰45', 4 E.

BD7. 20⁰52' , 1 N; 106⁰45', 4 E.

BD8. 20⁰52', 4 N; 106⁰45', 1 E.

BD9. 20⁰52' , 6 N; 106⁰45', 1 E.

- For oil-carrying vessels and dangerous goods vessels with a deadweight tonnage less than 3,000 DWT may anchor and transship at positions BD8, BD9 but must meet all requirements for fire prevention and environmental protection.

b. On the Cam River:

- For vessels with a deadweight tonnage less than 3,000 DWT (excluding oil tankers, liquefied gas carriers, and chemical carriers when carrying cargo): at Ben Bing, Ben Lam, designated by the Haiphong Port Authority.

- For oil-carrying vessels, liquefied gas carriers, and chemical carriers entering the Thuan Ly port: the water area before the Thuan Ly port waterfront, designated by the Haiphong Port Authority.

c. In the Lan Ha Bay transshipment area: for all types of vessels at the positions with the following coordinates:

LH1. 20⁰46',3 N; 107⁰06', 2 E.

LH2. 20⁰45',5 N; 107⁰06', 2 E.

LH3. 20⁰46', 3 N; 107⁰06',4 E.

d. In the Cat Ba Bay anchorage area: for passenger vessels at the position with the following coordinates:

CB1. 20°42',2 N; 107°03',1 E

4. Anchorage, transshipment, and typhoon shelter areas for vessels entering the seaports within the jurisdiction of Haiphong City but must anchor, transship, and seek typhoon shelter at the Hon Gai and Halong areas within the waters of the seaports in Quang Ninh Province:

a. For dry cargo vessels with a deadweight tonnage of 30,000 DWT or less:

HL2. 20⁰56', 4 N; 107⁰03', 8 E.

HL3. 20⁰56', 6 N; 107⁰03', 8 E.

HL4. 20⁰56' , 8 N; 107⁰03', 7 E.

HL5. 20⁰57', 0 N; 107⁰03', 7 E.

b. For dry cargo vessels with a deadweight tonnage over 30,000 DWT and a draft over 9.5 meters at the positions with the following coordinates:

HL11. 20⁰51', 6 N; 107⁰07', 1E.

HL12. 20⁰51', 7 N; 107⁰06', 6 E.

HL15. 20⁰51', 8 N; 107⁰06', 2 E.

Article 4.

1. The Haiphong Port Office shall perform its duties and powers as prescribed by the Vietnam Maritime Code and related legal documents for all maritime activities within the waters of seaports located within the administrative territory of Haiphong City.

2. The Haiphong Port Office, based on actual conditions regarding weather, waves, winds, and draft of vessels, shall dispatch vessels to the positions specified in Article 3 of this Decision to carry out anchoring, transshipment, typhoon avoidance, cargo handling, and other maritime services, ensuring maritime safety and environmental sanitation.

3. The Haiphong Port Office shall only permit oil-carrying vessels and liquefied gas carriers to anchor and transship at the positions stipulated in this Decision after fully meeting the requirements for maritime safety, oil spill response plans, and fire prevention measures.

4. In cases where vessels arriving at ports within the administrative territory of Haiphong City must anchor, transship, or avoid typhoons at the positions specified in Clause 4 of Article 3 of this Decision, the Haiphong Port Office shall have the following responsibilities and powers:

a. Request the Director of the Quang Ninh Port Office to prioritize allocating positions for the dispatch of vessels to anchor, transship, and avoid typhoons.

b. Notify the Quang Ninh Port Office no later than two hours before the vessel reaches the boundary of the waters of seaports located within the administrative territory of Quang Ninh Province.

c. Carry out all legal procedures for vessels entering and exiting the positions specified in Clause 4 of Article 3 of this Decision.

Article 5. Outside the waters defined in Articles 2, 3, and 4 of this Decision, the Haiphong Port Office shall be responsible for specialized state management over maritime order and safety in the sea areas within the administrative territory of Haiphong City.

Article 6. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Decision No. 934/QĐ-PCVT dated May 17, 1993, issued by the Minister of Transport on the announcement of the waters of the Haiphong Port and the responsibility area of the Haiphong Port Office, and any previous regulations that conflict with this Decision.

Article 7. The Heads of the Office, Department Directors under the Ministry, Directors of the Vietnam Maritime Administration, Directors of the Vietnam Inland Waterways Administration, Directors of the Haiphong Department of Transport and Public Works, Directors of the Haiphong Port Office, Directors of the Quang Ninh Port Office, Heads of relevant agencies, organizations, and individuals shall be responsible for implementing this Decision./.