Thông tư 31/2010/TT-BGTVT

CIRCULAR

ANNOUNCEMENT ABOUT THE PORT WATERS WITHIN HAI PHONG TERRITORY AND UNDER THE MANAGEMENT OF MARITIME ADMINISTRATION OF HAI PHONG

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

Pursuant to the Decree No. 51/2008/NĐ-CP dated April 22, 2008 by the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;

Pursuant to the Decree No. 71/2006/NĐ-CP dated July 25, 2006 by the Government on the management of ports and navigable channels;

On the basis of the opinions of the Ministry of Natural Resources and Environment in the Official Dispatch No. 3427/BTNMT-KH dated 25/8/2010 and the opinions of the Ministry of Science and Technology in the Official Dispatch No. 2046/BKHCN-TĐC dated 25/8/2010 on the suggestion for the list of goods allowable to transport in port waters in Hon Gai, Quang Ninh;

On the basis of the opinions of People’s Committee of Hai Phong City in the Official Dispatch No. 2905/UBND-CN dated May 24, 2010 and opinions of People’s Committee of Quang Ninh province in the Official Dispatch No. 1911/UBND-GT2 dated May 18, 2010;

The Minister of Transport promulgates the Circular announces the port waters within Hai Phong territory and under the management of Maritime Administration of Hai Phong as follows:

Article 1. Announcement about the port waters within Hai Phong city’s territory

1. The port waters of Hai Phong city’s territory includes:

a) The waters in front of the wharves of Hai Phong port: Sông Đà Steel Company, Lê Quốc Company, Vật Cách Company, Nam Ninh Company, Duy Linh Company, Transport and Petroleum Supply JSC, Hồng Bàng Shipbuilding Industry And Construction JSC, Hải Phòng Lilama JSC, Thăng Long LPG Company, Military Petrochemical JSC, Sông Đà 12 Joint Stock Company, Bạch Đằng Shipbuilding Industry Corporation, Hạ Long Fishing port, Hạ Long Mechanical Engineering Ship Building JSC, Đài Hải Petrolimex Company, Cửa Cấm Port JSC, Hải Phòng Seaproduct company, Nam Hải Port JSC, Đoạn xá Company, Transvina, Hải Đăng Company, Viconship, Chùa Vẽ Container Terminal, Hải Phòng Total Gas, Đông Hải Company, K99 Company, 128 Company, Coastguard, Hải Phòng Petec, 189 Company, Đình Vũ (19-9) Petrolimex Company, Đình Vũ Petroleum Service Port JSC, Đình Vũ Port Investment and Development Company, Đình Vũ General Trading Company, Đình Vụ joint-venture company, Đình Vũ DAP Company, Vinalines Limited Liability Company, Nasico, Hải Phòng Thermal Power JSC, Caltex, Phà Rừng Shipbuilding Corporation;

b) The waters of port channels, pilot stations, quarantine stations, anchorages, transport hubs, storm shelters in the port prescribed in point a of this clause.

2. The waters in front of other wharves, anchorages, transport hubs and storm shelters are determined according to the provisions of law.

Article 2. Limitation of the port waters of Hai Phong city’s territory

Limitation of the port waters of Hai Phong city’s territory is defined according to the highest sea level and is specified as follows:

1. The geographical limitation towards the sea: is determined by the line connecting the point in the following positions:

HP1: 20°49’15”N, 106°48’40”E;

HP2: 20°37’20”N, 106°48’40”E;

HP3: 20°40’03”N, 107°07’06”E;

HP4: 20°46’25”N, 107°07’06”E (the Western edge of Tùng Rượu Con islet);

HP5: 20°47’01”N, 107°06’51”E (the Western egde of Giăng Võng islet);

HP6: 20°47’01”N, 107°06’11”E;

HP7: 20°46’03”N, 107°06’11”E;

HP8: 20°42’44”N, 107°05’19”E (Bê islet);

HP9: 20°41’48”N, 107°04’06”E (the Eastern edge of Đuôi Buồm Đông islet);

HP10: 20°42’32”N, 107°03’41”E (the Western edge of Guốc islet);

HP11: 20°42’27”N, 107°02’34”E (the Northwestern edge of Hang Trống islet);

HP12: 20°41’33”N, 107°02’43”E (the Eastern edge of Nến islet);

HP13: 20°42’27”N, 107°01’11”E (the Southwestern edge of Rùa Núi islet);

HP14: 20°47’42”N, 106°55’11”E (the Western edge of Phù Long shoal);

2. The geographical limitation to the territory is determined as follows:

- From the point HP14 along the right bank of the Lach Huyen channel, connected by lines with the points HP15, HP16, HP17 and HP18, with the coordinates:

HP15: 20°50’01”N, 106°54’17”E

HP16: 20°50’01”N, 106°53’59”E;

HP17: 20°49’18”N, 106°53’26”E;

HP18; 20°50’11”N, 106°52’21”E (the right edge of Hà Nam channel towards Lạch Huyện).

- From the point HP18 running along the right bank of Hà Nam channel to the point HP19 located at 20°49’02”N, 106°50’32”E (the end of the right bank of Hà Nam channel, contiguous to Bạch Đằng river).

- From the point HP19 connected with the point HP20 located at 20°49'10”N, 106°50’17”E (the end of the right bank of Cái Tráp channel, contiguous to Bạch Đằng river);

- On Bạch Đằng river: from the point HP20 and point HP1 running along Bạch Đằng river’s banks to the latitude 20°56’46”N crossing the river and from such latitude running along Giá river’s banks to the line crossing the river, 200 m distance from the central point of Minh Đức towards the lower section.

- From the outfall of Đình Vũ canal running along Cấm river to the line crossing the river, 200 m distance from Kiên bridge pier toward the lower section.

Article 3. Pilot station, quarantine station, anchorage, transport hub, storm shelter area

The pilot station, quarantine station, anchorage, transport hub, storm shelter area for watercraft come into port within Hai Phong's territory are determined as follow:

1. Pilot station:

a) For watercrafts coming into Hai Phong port: the pilot station is the waters limited by the positions:

A1: 20°40’07”N, 106°59’58”E;

A2: 20°40’07”N, 107°00’11”E;

A3: 20°39’02”N, 107°00’11”E;

A4: 20°39’02”N, 106°59’58”E;

b) For watercrafts coming into Hai Phong port that need to perform anchorage, transhipment or storm shelter in Hòn Gai port waters:

- For good weather: the pilot station is the waters determined by a circle with a radius of 0.4 nautical mile with center at:

20°43’26”N, 107°07°’06”E

- For bad weather: the pilot station is the waters determined by a circle with a radius of 0.25 nautical mile with center at:

20°49’02”N, 107°08’16”E.

- For Vietnamese watercraft with payload up to 5,000 DWT: pilot station is the waters determined by a circle with a radius of 0.4 nautical mile with center at:

20°52’32”N, 107°05’05”E.

c) For watercrafts coming into Hai Phong port that need to perform anchorage, transhipment or storm shelter at Cẩm Phả port:

- For good weather: the pilot station is the waters determined by a circle with a radius of 0.4 nautical mile with center at:

20⁰43’26”N, 107°10’29”E

- For bad weather: the pilot station is the waters determined by a circle with a radius of 0.5 nautical mile with center at:

20°49’14”N, 107°17’11”E.

- For Vietnamese watercraft with payload up to 5,000 DWT: the pilot station is the waters determined by a circle with a radius of 0.3 nautical mile with center at:

20°57’44”N, 107°20’29”E.

2. Quarantine station:

a) For watercraft coming into Hai Phong port:

- For watercraft with payload at least 3,000 DWT: the quarantine station is the waters determined in point a clause 1 and point a clause 3 of this Article.

- For watercraft with payload under 3,000 DWT: the quarantine station is the waters on Bạch Đằng river determined in point b clause 3 of this Article.

b) For watercrafts coming into Hai Phong port that need to perform anchorage, transhipment or storm shelter in Hòn Gai and Cẩm Phả port waters: quarantine station is the waters determined in points b and c clause 1 of this Article.

3. Anchorage, transport hub and storm shelter area:

a) On Dáu islet: the waters for anchorage, transship and storm shelter are determined by a Southern semicircle with a radius of 02 nautical mile with center at:

20°40’02” N, 106°51’11” E.

b) On Bạch Đằng river:

- Bạch Đằng area: for watercrafts carrying dry goods with payload up to 6,000 DWT in area from BĐ1 to BĐ18 located at:

BĐ1: 20°51’06” N, 106°45’48” E;

BĐ2: 20°51’13” N, 106°45’41” E;

BĐ3: 20°51’21” N, 106°45’36” E;

BĐ4: 20°51’30” N, 106°45’33” E;

BĐ5: 20°51’38” N, 106°45’29” E;

BĐ6: 20°51’50” N, 106°45’25” E;

BĐ7: 20°52’00” N, 106°45’19” E;

BĐ8: 20°52’13” N, 106°45’13” E;

BĐ9: 20°52’28” N, 106°45’10” E;

BĐ10: 20°51’49” N, 106°45’15” E;

BĐ11: 20°51’59” N, 106°45’11” E;

BĐ12: 20°52’55” N, 106°45’01” E;

BĐ13: 20°53’05” N, 106°45’02” E;

BĐ14: 20°53’14” N, 106°45’04” E;

BĐ15: 20°53’23” N, 106°45’09” E;

BĐ16: 20°53’31” N, 106°45’14” E;

BĐ17: 20°53’39” N, 106°45’20” E;

BĐ18: 20°53’47” N, 106°45’25” E.

The positions BĐ7, BĐ8, BĐ9 and BĐ10 are particularly assigned for oil tankers and ships carrying dangerous goods with payload up to 3,000 DWT to anchor and carry the loading. Vehicles coming into the waters shall satisfy the conditions for maritime safety and security, fire prevention and environment pollution prevention.

- Bạch Đằng floating dock: for watercrafts carrying dry goods with payload up to 7,000 DWT in the positions PĐ1, PĐ2 and PĐ3, located at:

PĐ1: 20°51’17” N, 106°45’30” E;

PĐ2: 20°51’24” N, 106°45’27” E;

PĐ3: 20°51’32” N, 106°45’24” E.

- Ninh Tiếp area: for watercrafts payload up to 10,000 DWT in the area from NT1 to NT6, located at:

NT1: 20°47’52” N, 106°50’35” E;

NT2: 20°48’07” N, 106°50’32” E;

NT3: 20°47’40” N, 106°50’39” E;

NT4: 20°47’27” N, 106°50’43” E;

NT5: 20°47’15” N, 106°50’48” E;

NT6: 20°47’05” N, 106°50’52” E.

- Ninh Tiếp floating dock: for watercrafts carrying dry goods with payload up to 15,000 DWT in the positions PT1 and PT2, located at:

PT1: 20°48’40” N, 106°50’20” E;

PT2: 20°48’31” N, 106°50’23” E.

c) On Cấm river:

- Bến Lâm area: for watercrafts carrying dry goods with payload up to 3,000 DWT in Bến Lâm waters.

- Thượng Lý area: for vessel carrying oil, LPG or chemical with payload up to 3,000 DWT waiting to come into Thượng Lý wharf, Military Petrochemical JSC, Thăng Long Gas JSC, in the waters in front of the Thượng Lý wharf hydroelectric plant.

- Vật Cách area: for watercrafts with payload up to 3,000 DWT, in the waters in the area from the higher section of Vật Cách port to 200 m from Kiều bridge pier towards the lower section.

d) On Giá river: for watercrafts with payload up to 1,500 DWT in the waters in Phà Rừng area.

dd) On Lạch Huyện - Bến Gót channel:

- Bến Gót area: for watercrafts payload up to 50,000 DWT in the positions from BG3 to BG9, located at:

BG3: 20°49’12” N, 106°54’00” E;

BG4: 20°49’01” N, 106°54’07” E;

BG5: 20°48’38” N, 106°54’21” E;

BG6: 20°48’16” N, 106°54’35” E;

BG7: 20°48’03” N, 106°54’43” E;

BG8: 20°47’51” N, 106°54’50” E;

BG9: 20°47’39” N, 106°54’58” E.

- Bến Gót floating dock: for watercrafts carrying dry goods with payload of 50,000 DWT at PĐ1 and watercrafts with payload of 30,000 DWT at PG2, located at:

PG1: 20°49’51”, 106°53’56”E

PG2: 20°49’28” N, 106°53’56”E.

e) On Nam Hạ Bay: for watercrafts payload up to 50,000 DWT in the area from LH1, LH2 and LH3, located at:

LH1: 20°46’21”, 107°06’25”E;

LH2: 20°46’47” N, 107°06’26”E;

LH3: 20°46’21” N, 107°06’44”E.

g) Cát Bà Bay: for passenger ships, aquiculture freighters for import-export business, at CB1 located at 20°42’15” N, 107°03’17”E.

4. The anchorage, transport hubs and storm shelters in Hòn Gai port waters and Cẩm Phả port waters.

a) Storm shelters: in the positions HL2, HL3, HL4 and HL5, located at:

HL2: 20°56’28” N, 107°03’52”E;

HL3: 20°56’38” N, 107°03’50”E;

HL4: 20°56’48” N, 107°03’45”E;

HL5: 20°57’00” N, 107°03’42”E.

b) The anchorage, transport hubs and storm shelters for vehicles to do partial transshipment before coming into Hải Phòng port or to complete the shipment in the positions HL11, HL12, and HL15 located at:

HL11: 20°51’36” N, 107°07’06”E;

HL12: 20°51’42” N, 107°06’36”E;

HL15: 20°51’48” N, 107°06’12”E.

The transshipment of vehicles coming into Hải Phòng port at the positions prescribed in this point shall be of: cattle feed; fertilizer; food products; steel or metal in the form of ingots, ore; additives for production of cement, building materials; materials for production of fertilizer; cargoes in containers; machines and other similar goods noxiousness. These provision of this point are in effect until Lạch Huyện international port is in use and able to replace the areas specified above.

Goods that are noxious shall be loaded/unloaded in Hòn Nét area in Cẩm Phả port waters at CO3, located at: 20°57’46” N, 107°20’06”E and in Cái Lân port, Quảng Ninh.

Article 4. Responsibilities of Maritime Administration of Hai Phong and relevant units

1. Maritime Administration of Hai Phong is responsible for:

a) Fulfilling duties and authority according to the provisions of Vietnam Maritime Code and legal documents relating to the maritime activities in port waters in Hai Phong.

b) Based on the weather, wind and waves, draught and payload of vehicles, specifically assigning vehicles to taking or dropping pilots, receive quarantine, anchor, transship and shelter from storm in the waters as prescribed in Article 3 of this Circular, ensuring maritime safety and security and environment pollution prevention.

c) Allowing tankers and ships carrying dangerous goods to anchor and carry out the transhipment in the positions specified in this Circular only when they satisfy the conditions for maritime safety and security, fire prevention and environment pollution prevention.

d) Requesting vehicles carrying out transshipment in the positions HL11, HL12, and HL15 as prescribed in point b clause 4 Article 3 of this Circular to comply with the regulation on environment protection, maritime transportation and relevant International Conventions to which Vietnam is a signatory when loading and transporting goods, ensuring not to make leak, loss or dispersion of goods in the waters of Hạ Long Bay, Quảng Ninh

2. Responsibilities of Maritime Administration of Hai Phong and Maritime Administration of Quang Ninh in cooperative management:

a) Maritime Administration of Hai Phong is responsible for:

- Notifying the Maritime Administration if Quang Ninh of name, nationality, main technical parameters and other necessary information of the vehicles wishing to carry out the anchorage, transhipment or storm shelter at least 04 hours before such vehicles reach the boundary of Hòn Gai port waters or Cẩm Phả port waters;

- Verifying and reporting to the Maritime Administration if Quang Ninh about arranging the leave of vehicles from the anchorages, transport hubs or storm shelters at least 02 hours before such vehicles leave the area of Hòn Gai port waters or Cẩm Phả port waters;

- Carrying out the procedures for the arrival/leave of vehicles to/from the positions prescribed in clause 4 Article 3 of this Circular for anchorage, transhipment or storm shelter.  

b) Maritime Administration of Quang Ninh is responsible for:

b) Based on the weather, wind, waves, draught and payload of vehicles, specifically assigning vehicles to  perform the anchorage, transhipment and storm shelter applicable to vehicles arriving/leaving Hai Phong port that must perform the anchorage, transhipment and storm shelter in Hòn Gai port waters or Cẩm Phả port waters and promptly notify the Maritime Administration of Hai Phong.

Article 5. Responsibilities for State management in term of maritime activity in the territorial waters within Hai Phong city area

Apart from the waters specified in Articles 2 and 3 of this Circular, Maritime Administration of Hai Phong is also responsible for the State management in term of maritime safety in the territorial waters in Hai Phong city.

Article 6. Effect

1. This Circular comes into effect since November 15, 2010. The Decision No. 44/2007/QĐ-BGTVT dated August 28, 2007 by the Minister of Transport on port waters in Hai Phong under the management of Maritime Administration of Hai Phong and the regulations before opposed to this Circular.

2. The coordinate system used in this Circular is VN 2000 coordinate system and is converted into corresponding coordinate system as prescribed in the Appendixes.

Article 7. Implementation

The Chief of the Ministry Office, the Chief Inspector of the Ministry, Heads of Departments affiliated to the Ministry, Director of Vietnam Maritime Administration, Director of Vietnam Inland Waterway Administration, Director of the Service of Transport of Quang Ninh province, Director of Maritime Administration of Hai Phong, Director of Maritime Administration of Quang Ninh, Heads of relevant agencies and organizations and relevant individuals are responsible for implementing this Circular./.

ANNEX

CONVERSION OF COORDINATE
(Enclosed with the Circular No. 31/2010/TT-BGTVT dated October 01, 2010 by the Minister of Transport announcing the port waters within Hai Phong territory and under the management of Maritime Administration of Hai Phong,

1. Boundary towards the sea, including the positions from HP1 to HP14, located at:

2. Boundary towards the mainland, including the positions from HP15 to HP20, located at:

3. Pilot station:

a) For watercraft coming into Hai Phong port: pilot station is the waters limited by the positions from A1 to A4,located at:

b) For watercrafts coming into Hai Phong port that need to perform anchorage, transhipment or storm shelter at Hòn Gai waters:

- For good weather: pilot station is the waters determined by a circle with a radius of 0.4 nautical mile with center at:

- For bad weather: pilot station is the waters determined by a circle with a radius of 0.25 nautical mile with center at:

- For Vietnamese watercraft with payload not exceeding 5,000 DWT: pilot station is the waters determined by a circle with a radius of 0.4 nautical mile with center at:

c) For watercrafts coming into Hai Phong port that need to anchor at Cẩm Phả port:

- For good weather: pilot station is the waters determined by a circle with a radius of 0.4 nautical mile with center at:

- For bad weather: pilot station is the waters determined by a circle with a radius of 0.5 nautical mile with center at:

- For Vietnamese watercraft with payload not exceeding 5,000 DWT: pilot station is the waters determined by a circle with a radius of 0.3nautical mile with center at:

4. Anchorage, transport hub and storm shelter area:

a) On Dáu islet: the waters for anchorage, transship and storm shelter are determined by a Southern semicircle with a radius of 02 nautical mile with center at:

b) On Bạch Đằng river:

- Bạch Đằng area: the positions from BĐ1 to BĐ18, located at:

- Bạch Đằng floating dock area: the floating docks PĐ1, PĐ2 and PĐ3, located at:

- Ninh Tiếp area: the positions from NT1 to NT6, located at:

- Ninh Tiếp floating dock area: the floating docks PT1, PT2 and PT3, located at:

c) On Lạch Huyện - Bến Gót channel:

- Bến Gót area: the positions from BG3 to BG9, located at:

- Bến Gót floating dock area: the floating docks PG1, PG2 and PG3, located at:

d) On Lan Hạ bay: the positions LH1, LH2 and LH3, located at:

dd) On Cát Bà bay: the position CB1, located at:

4. Anchorages, transport hubs, storm shelters in Hòn Gai and Cẩm Phả port waters of Quang Ninh.

a) Storm shelters: the positions HL2, HL3, HL4 and HL5, located at:

b) Anchorages, transport hubs, storm shelters: the positions HL11, HL12, HL15 and CO3, located at: