Guidelines for determination of safety perimeter of maritime works in some special cases in Vietnam

Guidelines for determination of safety perimeter of maritime works in some special cases in Vietnam (Internet image)

1. What are maritime works?

According to Clause 1, Article 5 of Decree 143/2017/ND-CP, maritime works include ports, wharves, offshore oil ports, floating terminals, navigational channels, turning basin, aids to navigation, maritime assistance systems, breakwaters, drift dikes and embankments which are invested in, constructed or established within seaport waters and Vietnamese maritime zones.

2. Guidelines for determination of safety perimeter of maritime works in some special cases in Vietnam

Specifically, in Article 6 of Decree 143/2017/ND-CP in some special cases, the safety perimeter of maritime works in some special cases in Vietnam is determined as follows:

- In case the safety perimeter of a maritime work is identical to that of a flood and storm preparedness or dike protection work, relevant provisions shall be complied with.

- In case the safety perimeter of a navigational channel overlaps a road or railway safety corridor or exceeds the coastward natural edge of such corridor, the safety perimeter of such navigtional channel reaches the natural edge.

- In case the safety perimeter of a maritime work overlaps an inland waterway safety corridor, the safety perimeter of the navigational channel reaches such safety corridor.

- In case the safety perimeter of a maritime work overlaps the safety corridor of a road or railway bridge, transmission lines or cable transportation, relevant regulations shall be complied with.

- In case the safety perimeter of a navigational channel overlaps that of a port or wharf, the safety perimeter of such navigational channel reaches the safety perimeter of such port or wharf.

- For a seaport dedicated to material handling or river training, the minimum safety perimeter must be compliant with regulations of this Decree, and the safety distance must be still compliant with relevant regulations.

- In the event the safety perimeter of maritime works affects an adjacent national defense and security work, written approval of the Ministry of Public Security or Ministry of National Defence must be obtained.

- In the event the safety perimeter of a maritime work is identical to coastal protection corridor, the safety perimeter of such work reaches the coastal protection corridor.

3. Prohibited acts in protection of maritime works in Vietnam

Regarding protection of maritime works, individuals and organizations are prohibited from performing the following acts:

- Loading or storing flammables, explosives and hazardous substances, which can corrode or damage maritime works, without permission of competent authorities.

- Discharging wastes which damage or affect the durability and useful life of maritime works.

- Illegally dredging navigational channels, within the safety perimeter of navigational channels and seaport waters or dredging in contravention of technical requirements approved by the competent authority; supervising the dredging and dumping dredged mud in contravention of regulations.

- Carrying out mining activities, trawling nets and engaging in aquaculture within navigational channels and safety perimeter of maritime works.

- Trespassing on safety perimeter of maritime works.

- Obstructing the management, operation, use and protection of maritime works.

- Operating vessels and other vehicles in contravention of regulations, thereby affecting the quality of maritime works.

- Other acts which affect safety during management and operation of maritime works.

- Other acts prohibited by law.

(Article 4 of Decree 143/2017/ND-CP)

Thanh Rin

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