THE
MINISTRY OF TRANSPORT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No:
58/2011/TT-BGTVT
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Hanoi, November 28, 2011
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CIRCULAR
PROVIDING
FOR THE COMPULSORY MARITIME PILOTAGE AREAS OF VIETNAM
Pursuant to the Maritime Code
of June 14, 2005;
Pursuant to Government’s
Decree No. 51/2008/ND-CP of April 22, 2008 providing for functions, tasks,
powers and organizational structure of the Ministry of Transport;
Pursuant to the Government’s
Decree No. 173/2007/ND-CP of November 28, 2007 on organization and operation of
maritime pilotage;
The Minister of Transport
hereby stipulates the compulsory maritime pilotage areas of Vietnam as follows:
Article 1.
Scope of regulation
This Circular
stipulates the compulsory maritime pilotage areas of Vietnam.
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This Circular
applies to:
1. Shipowners
or ship operators, managers, captains of vessels that operating in the
compulsory maritime pilot areas of Vietnam;
2. Maritime
pilotage organizations and maritime pilots;
3. Agencies,
organizations and individuals relating to compulsory maritime pilotage areas of
Vietnam.
Article 3.
Interpretation of terms
1. Areas
where maritime pilotage
is compulsory (hereinafter referred to as the compulsory maritime pilotage
areas) mean areas within seaport waters areas or offshore oilfields stretching
from the areas where pilots go on board or leave vessels to wharves, harbors,
anchoring areas, transshipment areas, storm shelters, shipbuilding and
repairing plants, offshore petroleum deports where vessels must be steered by
pilots in accordance with provisions of law.
2. Vessel-steering
channels are navigable channels of vessels steered by pilots from pilot-receiving
areas along seaport flows, seaport channel flows to wharves, harbors, anchoring
areas, transshipment areas, storm shelters, shipbuilding and repairing plants
and vice versa of a seaport or an offshore oil depot within a compulsory
maritime pilotage area.
3. Areas
where pilots go on board or leave vessels mean areas within the compulsory
maritime pilotage areas where vessels anchor to receive or return pilots.
4. Vessels
include ships, military vessels, public-duty vessels, fishing vessels, inland
waterway ships and other waterway ships
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1. Compulsory
maritime pilotage areas are set up on the base of operation scope, operation
capability of maritime pilotage organizations, particularity of the seaport
water areas in which having the areas where pilots go on board or leave
vessels, density of vessels, hydrometeorology conditions in compulsory maritime
pilotage areas in order to ensure maritime safety, maritime security and
prevent environmental pollution.
2. A
compulsory maritime pilotage area shall contain one or more vessel-steering
channels.
3. Announcing
vessel-steering channels, organizing the allocation of pilotage activity areas
or vessel-steering channels to the maritime pilotage organizations ensures
stability, maritime safety and maritime security and prevention of
environmental protection, not disordering the existing vessel-steering channels
which have been allocated to maritime pilotage organizations.
Article 5.
Compulsory maritime pilotage areas
1. Area 1:
Compulsory maritime pilotage area from Quang Ninh province to Nam Dinh
province: From areas where pilots go on board or leave vessels to seaports,
wharves, harbors, anchoring areas, transshipment areas, storm shelters,
shipbuilding and reparing plants within seaport waters areas belong to the
locality of provinces as Quang Ninh, Thai Binh, Nam Dinh and Hai Phong city.
2. Area 2:
Compulsory maritime pilotage area from Thanh Hoa province to Quang Tri
province:
From areas
where pilots go on board or leave vessels to wharves, harbors, anchoring areas,
transshipment areas, storm shelters, shipbuilding and repairing plants within
seaport waters belong to the locality of provinces as Thanh Hoa, Nghe An, Ha
Tinh, Quang Binh and Quang Tri.
3. Area 3:
Compulsory maritime pilotage area from Thua Thien Hue province to Quang Ngai
province:
From areas
where pilots go on board or leave vessels to wharves, harbors, anchoring areas,
transshipment areas, storm shelters, shipbuilding and repairing plants within
seaport waters belong to the locality of Da Nang city, provinces as Thua Thien
Hue, Quang Nam and Quang Ngai.
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From areas
where pilots go on board or leave vessels to wharves, harbors, anchoring areas,
transshipment areas, storm shelters, shipbuilding and repairing plants within
seaport waters belong to the locality of Binh Dinh and Phu Yen provinces.
5. Area 5:
Compulsory maritime pilotage area from Khanh Hoa province to Binh Thuan
province:
From areas
where pilots go on board or leave vessels to wharves, harbors, anchoring areas,
transshipment areas, storm shelters, shipbuilding and repairing plants within
seaport waters belong to the locality of Khanh Hoa and Ninh Thuan provinces.
6. Area 6:
Compulsory maritime pilotage areas belonging to the locality of provinces as
Binh Thuan, Ba Ria – Vung Tau, Dong Nai, Long An, Ho Chi Minh city and other
provinces alongside Tien river:
From areas
where pilots go on board or leave vessels to wharves, harbors, anchoring areas,
transshipment areas, storm shelters, shipbuilding and repairing plants within
seaport waters belong to the locality of provinces as Binh Thuan, Ba Ria – Vung
Tau, Dong Nai, Long An, Ho Chi Minh city and other provinces alongside Tien
river.
7. Area 7:
Compulsory maritime pilotage area belongs to provinces along to Hau river, Kien
Giang and Ca Mau provinces:
From areas
where pilots go on board or leave vessels to seaports, wharves, harbors,
anchoring areas, transshipment areas, storm shelters, shipbuilding and
repairing plants within seaport waters belong to the locality of provinces and
cities along to Hau river, provinces as Soc Trang, Bac Lieu, Kien Giang and Ca
Mau.
8. Area 8:
Compulsory maritime pilotage areas in offshore oilfields within Vietnam seas:
From areas
where pilots go on board or leave vessels to position of vessels containing
petroleum within offshore oilfields, petroleum works in oilfields within
Vietnamese seas.
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1. Vessels
operating in the compulsory pilotage areas must be steered by maritime
pilotage, except cases of exemption from pilotage steering as prescribed by
law.
2. Maritime
pilotage organizations operating in one compulsory pilotage area shall be
liable to provide and fully meet the demand of maritime pilotage service in the
compulsory pilotage areas being allocated to themselves or through
vessel-steering channels being allocated to themselves in the compulsory
pilotage area, ensure service quality, maritime safety, maritime security and
prevention of environmental pollution as prescribed by law, as well as shall be
responsible for provision of maritime pilotage service.
3. In a
compulsory pilotage area with 02 (two) or more maritime pilotage organizations
operating therein, maritime pilotage organizations shall build up the
regulation for coordination in provision of maritime pilotage service, consult
with the local maritime port administration and report to Vietnam Maritime
Administration for management of maritime pilotage activities, ensuring
promptly meeting with demand for maritime pilotage service and strict
compliance of maritime pilots with their assigned functions and tasks while
being on duty. Basing on particularities of each compulsory maritime pilotage
area, the regulation for coordination in provision of maritime pilotage service
shall include the following basic contents:
a) Parameters
of information and communication of coordinated maritime pilotage
organizations;
b) Daily plan
for vessel steering of maritime pilotage organizations;
c)
Coordination among maritime pilot individuals during process of vessel
steering, especially when vessels running through narrow flows, the turning
zone, where the density of operating vessels is high;
d) Notifying
of the situation of vessel steering in necessary cases such as accidents,
incidents or detection of obstacles that causes danger for maritime activities;
dd) Agreement
on arranging maritime pilots to steer vessels if a maritime pilotage
organization fails to meet with conditions for providing maritime service at a
definite time; the pilot arranged for vessel steering shall meet with
conditions as stipulated by relevant provisions of law;
e) Agreements
on arrangement of pilots to steer vessels from wharves, harbors, anchoring
areas, transshipment areas to other wharves, harbors, transshipment areas,
anchoring areas in the compulsory pilotage area;
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h) Other
particular agreements (if any).
In cases
maritime pilotage organizations fail to reach agreement on such contents
stipulated in this Clause, the opinion of the local maritime port
administration shall be decision final.
4. Maritime
pilots with certificate for maritime pilotage operation in 02 (two) compulsory
pilotage areas or more and meeting conditions under relevant provisions of law
may steer vessels in these compulsory pilotage areas if they are accepted by
the administering maritime pilotage organization and there is an agreement
between the maritime pilotage organizations administering them and maritime
pilotage organizations assigned to operate in such compulsory pilotage area.
Article 7.
Effect
This Circular
takes effect 45 days as from the date of signing and replaces the November 30,
2005 Decision No. 64/2005/QD-BGTVT of the Ministry of Transport, regulating
compulsory maritime pilotage areas of Vietnam.
Article 8.
Implementation organization
Chief of the
Ministrial Office, Chief of Ministrial Inspectorate, Directors, Director of
Vietnam Maritime Administration, Director of Vietnam Inland Waterway
Administration, Directors of Transport Departments, General Directors of
maritime safety corporations, Directors of maritime port administrations,
directors of maritime pilotage organizations and other relevant agencies,
organizations and individuals shall be responsible for implementing this
Circular./.
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MINISTER
OF TRANSPORT
Dinh La Thang