Chapter IV
SEA-PORT AND PORT AUTHORITY
Article 57
1. The sea-port as referred to in the present Code are ports opened for sea-going vessels navigation and operation. A sea-port shall consist of the following areas:
a) Warehouses, yards, berths, wharves and docks, depots and workshops, administrative and maritime services zones, hereinafter referred to as the port premises.
b) Waters in front of berths, wharves and docks, areas for anchorage and lighterage, entrances and exists fairways to and out of port, storm shelter areas, hereinafter referred to as the port waters.
2. The navigable zones as referred to in the present Code consist of waters of a number of ports situated near to each other and near to transit lanes.
3. The Council of Ministers shall determine the opening of sea-ports. The Minister of Transport and Communications shall declare the opening, the interim closing of sea-ports and issue regulations on maritime shipping activities in each of sea-port waters or in marine navigable zones.
Article 58
1. The special body having the state management on maritime shipping in the marine navigable zones and waters of sea-ports is referred to as Port Authority.
2. The Minister of Transport and Communications, after having consultations with the Peoples Committees of provinces and municipal-level cities of the central authority or similar administrative units, shall declare the areas under the control of the Port Authority and decide the organization and instruct leading guides on the activities of the Port Authority.
Article 59
The person exercising the highest command of the Port Authority is the Director. The Director of Port Authority has the following power and duties:
1. To organize the implementation of regulations on the activities of the port authority, supervise the fulfillment of rules and regulations on marine navigation safety, environmental pollution prevention, marine sanitation and order.
2. Not to permit vessels to enter or to leave the port if they are unseaworthy or fail to clear
outstanding debts, fines for violation of rules and regulations of the port.
3. To exercise temporary detention, maritime lien on sea-going vessels or to carry out the warrant of arrest of sea-going vessels issued by the statutory state competent authorities.
4. To grant permits for vessels, boats operating or persons working within the areas under the control of the Port Authority; to revoke such permits if having grounds to realize such vessels, boats or persons having insufficient condition for marine navigation safety.
5. To organize search and rescue of vessels or people in distress in the areas under the control of the Port Authority.
6. To impose administrative fines for acts violating rules and regulations on marine navigation safety, environmental pollution prevention, maritime sanitation and order.
Article 60
1. Within their power and responsibilities, the State Management Authorities on maritime shipping, immigration, quarantine, customs, duties, culture, fire-extinguishment, explosion prevention, environmental protection, and the other state management bodies stationed in the sea port areas shall operate in conformity with provisions of laws.
2. The State Management Authorities which permanently function in the port areas are entitled to established their working offices there. The Director of Port Enterprise is obliged to facilitate the functions of these Authorities.
3. The Council of Ministers shall promulgate the rules and regulations on work coordination between the State Management Authorities operating in the ports areas.
Tìm kiếm
Luật hàng hải 1990 (Bản Word)