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MINISTRY OF TRANSPORT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No. 43/2018/TT-BGTVT
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Hanoi, August 01, 2018
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CIRCULAR
ON COMPULSORY MARITIME PILOTAGE AREAS OF VIETNAM
Pursuant to Vietnam
Maritime Code dated November 25, 2015;
Pursuant to the
Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 on defining the
functions, tasks, powers and organizational structure of the Ministry of
Transport;
Pursuant to the
Government’s Decree No. 70/2016/ND-CP dated July 01, 2016 on conditions for
provision of maritime safety services;
Pursuant to the
Government’s Decree No. 58/2017/ND-CP dated May 10, 2017 on guidelines for
certain articles of Vietnam Maritime Code;
At the requests of the
Director General of Department of Legal Affairs and Director General of Vietnam
Maritime Administration;
The Minister of
Transport promulgates the Circular on compulsory maritime pilotage areas of
Vietnam.
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This Circular provides
regulations on compulsory maritime pilotage areas of Vietnam.
Article 2. Regulated
entities
This Circular applies to:
1. Ship-owners or ship
operators, managers, captains of vessels operating in compulsory maritime
pilotage areas of Vietnam.
2. Pilotage service
providers and maritime pilots.
3. Agencies,
organizations or individuals related to the compulsory maritime pilotage areas
of Vietnam.
Article 3. Principles
of setting up, announcing and allocating the compulsory maritime pilotage areas
and pilotage routes
1. Compulsory maritime
pilotage areas shall be set up based on the scope of operation, operation
capability of pilotage service providers, particularities of the port waters
including boarding and landing areas, traffic density, hydrometeorological
conditions in compulsory maritime pilotage areas, with the aim of ensuring maritime
safety and security and preventing environmental pollution.
2. A compulsory maritime
pilotage area may include one or multiple pilotage routes.
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Article 4. Compulsory
maritime pilotage areas
1. Area 1: Compulsory
maritime pilotage area from Quang Ninh province to Nam Dinh province:
From boarding and landing
areas to wharves, buoys, harbors, anchoring areas, transshipment areas, storm
shelters, shipbuilding and repair plants within the port waters of Quang Ninh
province, Thai Binh province, Nam Dinh province and Hai Phong City.
2. Area 2: Compulsory
maritime pilotage area from Thanh Hoa province to Quang Tri province:
From boarding and landing
areas to wharves, buoys, harbors, anchoring areas, transshipment areas, storm
shelters, shipbuilding and repair plants within the port waters of Thanh Hoa
province, Nghe An province, Ha Tinh province, Quang Binh province and Quang Tri
province.
3. Area 3: Compulsory
maritime pilotage area from Thua Thien Hue province to Quang Ngai province:
From boarding and landing
areas to the wharves, buoys, harbors, anchoring areas, transshipment areas,
storm shelters, shipbuilding and repair plants within the port waters of Da
Nang City and Thua Thien Hue province, Quang Nam province and Quang Ngai
province.
4. Area 4: Compulsory
maritime pilotage area from Binh Dinh province to Phu Yen province:
From boarding and landing
areas to the wharves, buoys, harbors, anchoring areas, transshipment areas,
storm shelters, shipbuilding and repair plants within the port waters of Binh
Dinh province and Phu Yen province.
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From boarding and landing
areas to the wharves, buoys, harbors, anchoring areas, transshipment areas,
storm shelters, shipbuilding and repair plants within the port waters of Khanh
Hoa province and Ninh Thuan province.
6. Area 6: Compulsory
maritime pilotage areas of Binh Thuan province, Ba Ria – Vung Tau province,
Dong Nai province, Binh Duong province, Long An province and Ho Chi Minh City
and other provinces alongside Tien River.
From boarding and landing
areas to the wharves, buoys, harbors, anchoring areas, transshipment areas,
storm shelters, shipbuilding and repair plants within the port waters of Binh
Thuan province, Ba Ria – Vung Tau province, Dong Nai province, Binh Duong
province, Long An province, Ho Chi Minh City and other provinces alongside Tien
River.
7. Area 7: Compulsory maritime
pilotage areas of provinces and cities alongside Hau River and Tra Vinh
province, Bac Lieu province, Kien Giang province and Ca Mau province:
From boarding and landing
areas to the wharves, buoys, harbors, anchoring areas, transshipment areas, storm
shelters, shipbuilding and repair plants within the port waters of provinces
and cities alongside Hau River, Tra Vinh province, Bac Lieu province, Kien
Giang province and Ca Mau province.
8. Area 8: Compulsory
maritime pilotage areas in offshore oil ports within Vietnam’s territorial
waters:
From boarding and landing
areas to the locations where petroleum tankers are located within offshore oil
ports, petroleum works in oil ports within Vietnam’s territorial waters.
Article 5. Activities
related to maritime pilotage services within compulsory maritime pilotage
areas.
1. The pilotage service
providers operating in compulsory maritime pilotage areas shall provide
maritime pilotage services on pilotage routes which are allocated to them;
ensure service quality, maritime safety and security, and prevent environmental
pollution as prescribed by laws.
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a. Contact information of
each cooperating pilotage service provider.
b. Daily pilotage plan of
each cooperating pilotage service provider.
c. Cooperation between
the maritime pilots when they are on duty, especially when the vessels running
through narrow channels, turning zone, areas where overtaking or crossing are
prohibited, and areas with high traffic density.
d. Notification of the
pilotage process in emergency cases such as accidents, incidents or detection
of obstacles which are dangerous to maritime activities.
dd. Agreement on
provision of maritime pilots if one pilotage service provider fails to provide
maritime pilotage services within a specific time; the replaced maritime pilot
shall satisfy the competent requirements specified in relevant regulations.
e. Agreement on arranging
maritime pilots for steering vessels from a wharf, buoy, harbor, transshipment
area, storm shelter, shipbuilding and repair plant to another within compulsory
maritime pilotage areas.
g. Agreement on providing
material facilities and means.
h. Other agreements (if
any).
3. The maritime pilot who
has a certificate for maritime pilotage operation in 02 (two) compulsory
maritime pilotage areas or more and satisfy the relevant regulations of law
shall be allowed to steer vessels within these compulsory pilotage areas if
getting consent from the pilotage service provider for which he is working and
the pilotage service provider in charge of these areas.
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This Circular shall come
into effect from October 01, 2018 and replace the Circular No. 58/2011/TT-BGTVT
dated November 28, 2011 of the Minister of Transport.
Article 7.
Implementation
Chief of the Ministry
Office, Chief of Ministry Inspectorate, General Directors, Director of Vietnam
Maritime Administration, Director of Vietnam Inland Waterway Administration,
Directors of Transport Departments, General Director of Northern Maritime
Safety Corporation, General Director of Southern Maritime Safety Corporation,
directors of maritime port administrations, directors of pilotage service
providers and other relevant agencies, organizations and individuals shall
implement this Circular.
PP. MINISTER
DEPUTY MINISTER
Nguyen Van Cong