Thông tư 43/2018/TT-BGTVT quy định về vùng hoa tiêu hàng hải bắt buộc của Việt Nam do Bộ trưởng Bộ Giao thông vận tải ban hành

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.

Article 1. Scope

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.

3. The announcement of pilotage routes and allocation of compulsory maritime pilotage areas or pilotage routes to the pilotage service providers shall ensure stability, maritime safety and security and prevent environmental pollution, and shall not disorder the existing pilotage routes which have been allocated to the aforesaid providers.

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.

5. Area 5: Compulsory maritime pilotage area from Khanh Hoa province to Ninh Thuan 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 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.

2. There shall be at least 02 (two) pilotage service providers within a compulsory pilotage area; these providers shall stipulate the Regulation on cooperation in providing maritime pilotage services. Vietnam Maritime Administration shall take charge of making the Regulation on cooperation between pilotage service providers so as to serve the management of pilotage services in accordance with law soft. Based on particularities of each compulsory maritime pilotage area, the Regulation on cooperation in providing maritime pilotage services shall include the following contents:

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.

Article 6. Entry into force

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.

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