Nghị định 143/2017/NĐ-CP về bảo vệ công trình hàng hải

DECREE
On protection of maritime facilities[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 25, 2015 Maritime Code of Vietnam;

At the proposal of the Minister of Transport;

The Government promulgates the Decree on protection of maritime facilities.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the protection of maritime facilities in Vietnam, covering protection corridors of maritime facilities, determination of the protection corridors of maritime facilities in special cases, supervision of, and responsibilities of related ministries, sectors and localities in, the protection of maritime facilities.

Article 2. Subjects of application

This Decree applies to agencies, organizations and individuals involved in the management and protection of maritime facilities in Vietnamese seaport waters and maritime zones.

Article 3. Principle of application of the law on protection of maritime facilities

Maritime facilities shall be protected in accordance with this Decree, the 2015 Maritime Code of Vietnam and other relevant regulations. 

Article 4. Acts prohibited in the protection of maritime facilities

1. Illegally loading or storing flammables, explosives and hazardous substances that are likely to corrode or damage maritime facilities without permission of a competent state agency.

2. Discharging wastes which damage or affect the durability and useful life of maritime facilities.

3. Dredging navigable channels, within the protection corridors of navigable channels and in seaport waters illegally or not in conformity with technical requirements accepted by competent agencies; supervising the dredging and dumping of dredged mud not in accordance with regulations.

4. Exploiting minerals, placing bottom fishing traps, and fishing and rearing aquatic resources in navigable channels and within the protection corridors of maritime facilities.

5. Encroaching upon protection corridors of maritime facilities.

6. Obstructing the management, operation, use and protection of maritime facilities.

7. Operating vessels and other vehicles in violation of regulations, affecting the quality of maritime facilities.

8. Other acts that affect safety in the management and operation of maritime facilities.

9. Other acts prohibited by law.

Chapter II

PROVISIONS ON PROTECTION CORRIDORS OF MARITIME FACILITIES

Article 5. Protection corridors of maritime facilities

1. Maritime facilities include wharves, piers, offshore oil and gas ports, buoy berths, navigable channels, turning basins, maritime signs, maritime support systems, breakwater dikes, sand protection dikes, sea current direction embankments and bank revetments, which are built or installed in Vietnamese seaport waters and maritime zones.

2. The protection corridor of a wharf or pier shall be measured from the outermost edge of such facility to the outer limit of the waters in front of the wharf or pier.

3. The protection corridor of a wharf, pier or berthing dolphin combined with a mooring buoy or post shall be measured from the central point of the clump weight anchor of the mooring buoy or of the mooring post and the outermost edge of the wharf facility, pier or berthing dolphin to the outer limit of the waters in front of the wharf according to design and the remaining directions determined according to technical regulations applicable to the facility, specifically as follows:

a/ At least 60 meters for facilities with a design berth bottom elevation or mooring buoy with a water depth measured from the berth bottom to the design low-water level exceeding 20 meters;

b/  At least 50 meters for facilities with a design berth bottom elevation or mooring buoy with a water depth measured from the berth bottom to the design low-water level of between 16 meters and 20 meters;

c/ At least 40 meters for facilities with a design berth bottom elevation or mooring buoy with a water depth measured from the berth bottom to the design low-water level of between 12 meters and 16 meters;

d/ At least 30 meters for facilities with a design berth bottom elevation or mooring buoy with a water depth measured from the berth bottom to the design low-water level of between 8 meters and 12 meters;

dd/ At least 20 meters for facilities with a design berth bottom elevation or mooring buoy with a water depth measured from the berth bottom to the design low-water level of under 8 meters;

e/ In case the protection corridor of a wharf, pier, berthing dolphin or auxiliary mooring buoy overlaps the safety corridor of a road, a railway or an inland waterway or extends beyond the natural shore or the outer limit of the waters in front of the wharf, such corridor shall extend up to the safety corridor of such road, railway or inland waterway or the natural shore or the outer limit of the waters in front of the wharf.

4. The protection corridor of an offshore oil and gas port is delimited by a safety belt of 500 meters wide measured from its outermost point and the no-navigation and no-anchoring zone with a width of 2 nautical miles measured from the coordinates of such port.

5. The protection corridor of a buoy berth shall be measured from the central point of the clump weight anchor of the berth to the design limit of the mooring waters and from the line connecting the central points of the clump weight anchor in the remaining directions determined under technical regulations applicable to mooring buoys, specifically as follows:

a/ At least 60 meters for facilities with a water depth measured from the berth bottom elevation to the design low-water level exceeding 20 meters;

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