Thông tư 51/2014/TT-BGTVT

CIRCULAR

PUBLIC ANNOUNCEMENT OF PORT WATERS WITHIN BINH THUAN PROVINCE AREA AND AREAS MANAGED BY PORT AUTHORITIES OF BINH THUAN PROVINCE

Pursuant to Vietnam’s Marine Act dated June 14, 2005;

Pursuant to the Government’s Decree No. 107/2012/NĐ-CP dated December 20, 2012 defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;

Pursuant to the Government’s Decree No. 21/2012/NĐ-CP dated March 21, 2012 on port and navigable channel management;

Based on comments from People’s committee of Binh Thuan Province in Official Dispatch No. 4066/UBND dated June 17, 2014 and People’s committee of Ba Ria – Vung Tau Province in Official Dispatch No. 1761/UBND dated May 26, 2014;

At the request of General Director of Department of Legislation and General Director of Vietnam Maritime Administration,

The Minister of Transport promulgates the Circular making public announcement of port waters that belong to Binh Thuan Province’s area and areas under management of Binh Thuan Province’s port authorities.

Article 1. Public announcement of port waters within Binh Thuan Province’s area

Port waters within Binh Thuan Province’s area include:

1. Binh Thuan port waters:

a) Binh Thuan port waters in Vinh Tan area;

b) Binh Thuan port waters in Hoa Phu area;

c) Binh Thuan port waters in Phan Thiet area;

d) Binh Thuan port waters in Phu Quy Island area;

2. Port waters offshore Hong Ngoc (Ruby) Oilfield.

3. Port waters offshore Su Tu Den (Black Lion) Oilfield.

4. Port waters offshore Su Tu Vang (Yellow Lion) Oilfield.

5. Port waters offshore Thang Long – Dong Do Oil Field.

Article 2. Port waters within Binh Thuan Province’s area

Port waters within Binh Thuan Province’s area calculated by highest tide level, specifically as follows:

1. Scope of Binh Thuan Port waters:

a) Scope of Binh Thuan port waters in Vinh Tan area;

Seaward boundary by lines linking points VT1, VT2, VT3 and VT4 respectively with following coordinates:

VT1: 11°18’37” N, 108°48’32” E;

VT2: 11°18’35” N, 108°52’48” E;

VT3: 11°17’00” N, 108°53’55” E;

VT4: 11°17’20” N, 108°46’29” E.

Mainland ward boundary: from point VT1 running along the coast down southward to point VT4.

b) Scope of Binh Thuan port waters in Hoa Phu area;

Seaward boundary by lines linking points HP1, HP2, HP3, HP4, HP5 and HP6 respectively with following coordinates:

HP1: 11°09’17” N, 108°31’23” E;

HP2: 11°08’47” N, 108°32’33” E;

HP3: 11°08’22” N, 108°33’02” E;

HP4: 11°07’13” N, 108°33’53” E;

HP5: 11°07’01” N, 108°33’42” E;

HP6: 11°09’05” N, 108°31’12” E.

Mainland ward boundary: from point HP1 running along the coast down southward to point HP6.

c) Scope of Binh Thuan port waters in Phan Thiet area;

Seaward boundary by lines linking points PT1, PT2, PT3, PT4, PT5 and PT6 respectively with following coordinates:

PT1: 10°55’03” N, 108°06’15” E ;

PT2: 10°53’52” N, 108°10’07” E;

PT3: 10°53’04” N, 108°10’07” E;

PT4: 10°53’04” N, 108°08’07” E;

PT5: 10°54’43” N, 108°05’48” E (Shoal);

PT6: 10°55’01” N, 108°06’01” E;

Mainland ward boundary: from two points PT1 and PT6 running along Ca Ty river to latitude 10°55'17 "N crossing the river.

d) Scope of Binh Thuan port waters in Phu Quy island area;

Seaward boundary limited by lines linking points as positions where marine signs on navigable channels leading to Phu Quy Port are installed;

Mainland ward boundary: limited by lines linking points PQ1, PQ2, PQ3 and PQ4 with following coordinates:

PQ1: 10°30’12” N, 108°57’05” E;

PQ2: 10°30’11” N, 108°57’05” E;

PQ3: 10°30’10” N, 108°57’01” E;

PQ4: 10°30’11” N, 108°57’02” E.

2. Scope of port waters offshore Hong Ngoc Oilfield limited by a circle with one nautical mile in radius and central point as position of Hong Ngoc Oilfield (coordinate HN: 10°22’32” N, 108°30’01” E) ;3. Scope of port waters offshore Su Tu Den Oilfield limited by a circle with one nautical mile in radius and central point as position of Su Tu Den Oilfield (coordinate STĐ : 10°25’24” N, 108°23’38” E) 4. Scope of port waters offshore Su Tu Den Oilfield limited by a circle with one nautical mile in radius and central point as position of Su Tu Den Oilfield (coordinate STV: 10°21’52” N, 108°22’30” E) 5. Scope of port waters offshore Thang Long – Dong Do Oilfield limited by a circle with three nautical miles in radius and central point as position of Thang Long - Dong Do Oilfield (coordinate TL-ĐĐ: 10°08’06” N, 108°33’56” E) ;6. Scope of port waters as prescribed hereof is determined on the basis of Vietnam’s People Navy’s Nautical Chart No. IA-200-10 published in 1980. Coordinates of the points prescribed in clauses 1, 2, 3, 4 and 5, this Article apply in accordance with VN-2000 coordinate system and are converted into respective coordinate systems in appendices enclosed herewith.

Article 3. Pilot reception, quarantine, anchorage, transshipment and storm shelter areas

General director of Vietnam Maritime Administration shall make public announcement of pilot reception, quarantine, anchorage, transshipment and storm shelter areas for ships entering or leaving Binh Thuan port waters and other waters as prescribed.

Article 4. Responsibilities of Binh Thuan and Vung Tau provinces’ port authorities

1. Binh Thuan Province’ s port authorities :

a) Exercise duties and authority as prescribed by Vietnam’s Marine Act and relevant provisions over marine activities in ports and waters within Binh Thuan Province’s area ;

b) Based on regulations and actual circumstances about hydrometeorological conditions, nature of goods, draughts and dead weight tonnage, designate specific positions for pilot reception, quarantine, anchorage, transshipment and storm shelters in the waters as prescribed ensuring marine safety, security and environmental pollution prevention ;

c) Carry out procedures for ships to enter and leave ports within Binh Thuan Province’s area as prescribed ;

d) Pursuant to laws, make notifications to Vung Tau Province’s port authorities about name, nationality, main technical specifications and other information of ships carrying out pilot reception in designated areas within Ba Ria—Vung Tau Province’s area at least two hours prior to entrance of ships into the area for coordination and management ;

dd) Cooperate with Vung Tau Province’s port authorities in coping with issues arising during exit or entrance of ships into waters of Binh Thuan Province ;

2. Vung Tau Province’ s port authorities :

Based on actual circumstances about hydrometeorological conditions, nature of goods, draughts and dead weight tonnage of ships entering and leaving ports managed by Binh Thuan Province’s port authorities but carrying out pilot reception, anchorage and storm sheltering in the waters within Ba Ria – Vung Tau Province’s area, designate specific positions to ensure marine safety, security and environmental pollution prevention and make early notifications to Binh Thuan Province’s port authorities.

Article 5. Responsibilities for state administration with respect to marine in the waters within Binh Thuan Province's area

Apart from the port waters as prescribed in Article 2 hereof, Binh Thuan port authorities shall be responsible for performing state administration on marine safety, security and environmental pollution prevention in the waters within Binh Thuan Province's area.

Article 6. Effect

This Circular takes effect since December 15, 2014. The Minister of Transport’s Circular No. 02/2010/TT-BGTVT dated January 22, 2010 on public announcement of port waters within Binh Thuan Province’s area and areas under management of Binh Thuan port authorities is hereby annulled.

Article 7. Implementation

Chief of the Ministry Office, the Chief Inspector, general director of Vietnam Maritime Administration, general director of Vietnam Inland Waterway Administration, directors the Services of Transport of Binh Thuan and Ba Ria- Vung Tau Provinces, directors of Vung Tau and Binh Thuan provinces’ port authorities, heads of relevant agencies, organizations and individuals shall be responsible for executing this Circular./.