Laws of Vietnam

THE PRIME MINISTER

DECIDES:

Article 1.- To approve the detailed planning of Dung Quat seaport (belonging to the group of seaports in Central Vietnam’s center) till 2010 with the following major contents:

1. Planning scope and attractive zone:

The scope of Dung Quat seaport planning:

- To the north, it borders on Dung Quat gulf;

- To the east and the northeast, it borders on Nam Tram mount and Van Ca Cape;

- To the west and the northwest, it borders on Tra Bong river;

- To the south, it borders on Dung Quat Industrial Park.

The attractive zone of Dung Quat seaport embraces mainly the Refinery No. 1 and Dung Quat Industrial Park; besides, it may attract goods from the northeastern region of the Kingdom of Thailand and the southern region of the Lao People’s Democratic Republic.

2. Specific objectives:

Dung Quat seaport is expected to handle cargo volumes (estimated figures) in the years to come as follows:

+ 12.9 million tons/year by 2005;

+ Between 13 and 18 million tons/year from after 2005 to 2010;

+ About 28-29 million tons/year from after 2010 to 2020.

3. Detailed planning of Dung Quat seaport till 2010:

Based on the estimates on the cargo volume to be handled at Dung Quat seaport, which range from 13.5 million tons (low estimate) to 28.2 million tons (high estimate), the scale and ground planning of assorted port zones in Dung Quat seaport shall be as follows:

a) Petroleum port zone: in the north of Dung Quat gulf. In this zone, apart from completely building the petroleum port as prescribed in the Prime Minister’s Decision No. 374/QD-TTg of April 3, 2001, it is likely to additionally build 2 reserve wharves for oil tankers (near wharf No. 1). In the period from now up to 2005: to build a 1,550 m-long breakwall in the north and 06 wharves for oil product freighters, capable of handling 6.1 million tons of oil products/year, and 01 pontoon wharf in Viet Thanh gulf for delivering crude oil to oil tankers of a tonnage of between 80,000 and 110,000 DWT.

b) Multi-purpose port zone shall be separated into two sub-zones:

+ Multi-purpose port sub-zone No. 1: to be located right behind the petroleum port zone, with a boundary of 1,000 m long, and divided into 4 lots for ships of a tonnage of from 5,000 tons to 50,000 tons. In the period from now till 2005: to build 01 multi-purpose wharf capable of handling the cargo volume of 300,000 tons/year.

+ Multi-purpose port sub-zone No. 2: lying south of Dung Quat gulf, on the left bank of Dap river (this sub-zone shall be developed in the period after 2010 when so demanded)

c) Special-use port zone: to be adjacent to multi-purpose port sub-zone No. 2. The formation of this zone shall depend on requirements of enterprises (steel industry and shipbuilding industry). In the period from now till 2005: to be reserved for the construction of a shipbuilding complex and an anti-sand wall of 1,750 m long in the west (particularly the 500 m-long section at the depth of 9.5 m shall be built after 2005). A breakwall of 1,100 m long shall be built in this zone after 2010.

Apart from the above-mentioned zones, in the period up to 2005, a port zone in service of the construction of Dung Quat Industrial Park is also included in the planning: to build 1 wharf for ships carrying materials for the industrial park’s construction, capable of handling around 1.5 million tons of cargo/year.

The exposition and drawings of the detailed planning are included in Report No. 2704/GTVT-KHDT of July 30, 2002 of the Ministry of Communications and Transport.

4. Orientations for the planning of Dung Quat seaport after 2010

Dung Quat seaport belongs to the group of Ky Ha-Dung Quat seaports, which shall be developed in the area from An Hoa lagoon, Ky Ha river’s estuary, to Van Ca Cape, Viet Thanh gulf, west of Dung Quat gulf, with 28 km-long line reserved for building wharves for large ships, so that the cargo volumes to be handled shall reach around 200 million tons/year.

Article 2.- Management of Dung Quat seaport planning:

1. The Ministry of Communications and Transport shall, through Vietnam Maritime Bureau, act as specialized State management agency coordinating with the People’s Committee of Quang Ngai province and Dung Quat Industrial Park Management Board in managing the investment in and construction of the seaport in strict accordance with the approved planning.

2. The Ministry of Communications and Transport shall decide on specific adjustments of the planning, which must not be contrary to the approved scale and functions.

In cases where it is necessary to supplement and/or adjust the planning, Vietnam Maritime Bureau shall study and report such to the Minister of Communications and Transport for submission to the Prime Minister for consideration and decision.

3. The People’s Committee of Quang Ngai province shall strictly manage the land fund of Dung Quat seaport according to law provisions, thus meeting the requirements for the construction and development of the seaport in strict accordance with the planning.

4. The Ministry of Communications and Transport shall coordinate with the People’s Committee of Quang Ngai province and the concerned ministries and branches in building a network of traffic routes to the port, including: land roads, railways, riverways and navigable channels, so as to synchronously exploit the seaport and improve its handling capacity.

Article 3.- Implementation of the planning

1. The Ministry of Communications and Transport (Vietnam Maritime Bureau) shall, basing itself on the detailed planning of Dung Quat seaport already approved, coordinate with the People’s Committee of Quang Ngai province and Dung Quat Industrial Park Management Board in elaborating the plans on the investment in and development of the system of ports and infrastructure in Dung Quat seaport for each period, in conformity with socio-economic development requirements.

2. Investment capital:

To mobilize domestic and foreign capital sources: State budget capital, capital borrowed from foreign development assistance sources (ODA capital), investment capital in forms of joint ventures, build-operate-transfer (BOT) contracts and other capital sources.

3. The order for investment in the construction of the seaport shall comply with the provisions of the Regulation on the management of maritime activities in seaports and maritime areas of Vietnam, issued together with the Government’s Decree No. 13/CP of February 25, 1994, Decree No. 24/2001/ND-CP of May 30, 2001, and the Regulation on Construction and Investment Management, issued together with the Government’s Decrees No. 52/1999/ND-CP of July 8, 1999 and No. 12/2000/ND-CP of May 5, 2000.

Article 4.- This Decision takes effect 15 days after its signing.

Article 5.- The Minister of Communications and Transport, the other concerned ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the president of the People’s Committee of Quang Ngai province, the director of Vietnam Maritime Bureau, and the head of Dung Quat Industrial Park Management Board shall have to implement this Decision.

For the Prime Minister
Deputy Prime Minister
NGUYEN TAN DUNG