Chương 1 Nghị định 71/2006/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

1. This Decree provides for investment in, construction, management and operation of seaports and marine navigable channels, and management of marine shipping activities in Vietnamese seaports.

2. This Decree's provisions on marine navigation safety, marine navigation security and environmental pollution prevention shall apply to military ports, fishing ports, and inland ports and harbors located in seaport waters.

Article 2.- Subjects of application

1. This Decree shall apply to Vietnamese and foreign organizations, individuals and vessels and specialized state management agencies involved in investment in, construction and operation of seaports, marine navigable channels and management of maritime shipping activities in Vietnamese seaports.

2. Where a treaty to which Vietnam is a contracting party contains provisions different from those of this Decree, the provisions of such treaty shall apply.

Article 3.- Application of laws

1. When operating in Vietnamese seaports and marine navigable channels, all Vietnamese and foreign organizations, individuals and vessels, and specialized state management agencies shall strictly observe the provisions of this Decree and other relevant provisions of Vietnamese law and treaties to which Vietnam is a contracting party.

2. In case there is an inconsistency between the provisions of this Decree and those of other specialized legal documents of the Government on the same issue, the provisions of this Decree shall apply.

Article 4.- Seaport regulations

Directors of port authorities shall base themselves on the provisions of this Decree and the specific conditions in seaport waters and zones under their management to issue seaport regulations after obtaining the approval thereof of the director of the Vietnam Maritime Administration with a view to ensuring maritime safety and maritime security as well as preventing environmental pollution caused by seagoing ships.

Article 5.- Interpretation of terms

In this Decree, the following terms shall be construed as follows:

1. Seaport is an area covering port premises and port waters where infrastructures are built and equipment is installed for seagoing ships entering and leaving for loading and discharging cargoes, embarking and disembarking passengers and providing other services.

2. Harbor consists of wharves, warehouses and depots, storage yards, workshops, office buildings, service facilities, systems of roads, information and communication, electricity and water supply, entrance fairways, and other support constructions.

3. Wharf is a fixed structure within a harbor which is used for seagoing ships to anchor or moor, load and discharge cargoes, embark and disembark passengers and provide other services.

4. Offshore area for reception of vessels (offshore oil port) is an area for seagoing ships to enter and leave, operate, load and discharge cargoes and providing other services at offshore facilities.

5. Marine navigable channel is a water area delimited by a system of marine navigation signals and other aids to ensure safe navigation of seagoing ships and other water crafts. Marine navigable channels include seaport fairways and other marine navigable channels.

6. Seaport sub-fairway is a delimited water area from the seaport fairway to a harbor marked by a system of marine navigation signals and other aids to ensure safe navigation of seagoing ships and other water crafts into and out of the harbor.

7. Seaport fairway is a delimited water area from the sea to a seaport marked by a system of marine navigation signals and other aids to ensure safe navigation of vessels into and out of the seaport.

8. Pilot reception area is a water area where vessels are anchored or moored to embark and disembark pilots.

9. Quarantine area means a delimited area within the seaport waters where vessels are anchored or moored for quarantine purposes.

10. Storm shelter zone means a delimited area within the seaport waters where vessels are anchored or moored for storm-sheltering purposes .

11. Anchorage ground means a delimited area within the seaport waters where vessels are anchored or moored before landing at a wharf, drawing alongside petroleum vessels, entering the transshipment zone, navigating through a channel or providing other related maritime services.

12. Vessel turnaround area means a delimited area within the seaport waters where vessels can turn around.

13. Transshipment zone means a delimited area within the seaport waters where vessels are anchored or moored to transship cargoes or passengers.

14. Vessels mean seagoing ships, warships, public-service vessels, fishing vessels, inland water crafts, seaplanes and other water crafts.

15. Shipowner means the ship's owner or manager, charteree, operator or an authorized person.

16. Port premises means a delimited land area where wharves, warehouses and depots, workshops, working offices, service facilities, systems of roads, information and communication, electricity, water, other aids are constructed and equipment installed.

17. Port waters means a delimited water area for establishment of water areas in front of wharf, vessel turnaround area, anchorage ground, transshipment zone, storm shelter zone, pilot reception area, quarantine areas; area for construction of seaport fairways and other aids.