Decree No. 19/2024/NĐ-CP amending and supplementing some articles of Decree No. 48/2019/NĐ-CP on management of activities of water amusement vessels. Specifies responsibilities of state agencies in approving activities in Zone 1 and announcing the opening and closing of Zone 2; also provides detailed regulations on vessel registration files, vessel registration certificates, and related administrative procedures. Effective from April 10, 2024.
适用范围
Applies to competent state agencies, organizations, and individuals operating in the field of underwater recreational activities.
要点
- Provides detailed regulations on vessel registration files and vessel registration certificates.
- Specifies responsibilities of state agencies in approving activities in Zone 1 and announcing the opening and closing of Zone 2.
- Establishes transitional provisions for cases where applications were submitted before the effective date of this Decree.
- Takes effect from April 10, 2024.
- Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for guiding and implementing this Decree.
🌐 本文件的社会影响
- Enhances management of underwater recreational activities.
- Ensures safety for participants in underwater recreational activities.
- Improves the quality of underwater recreational services.
❓ 常见问题
When does this Decree take effect?
Decree No. 19/2024/NĐ-CP takes effect from April 10, 2024.
Which state agencies are responsible for approving activities in Zone 1?
The Department of Transport is responsible for approving water amusement activities in Zone 1.
全文
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| SOCIALIST REPUBLIC OF VIET NAM
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DECREE
Provisions on the management of activities of water-based recreational service vessels
Decree No. 48/2019/ND-CP dated June 5, 2019 of the Government stipulates the management of activities of water-based recreational service vessels, which took effect from August 15, 2019, amended and supplemented by:
Decree No. 19/2024/ND-CP dated February 23, 2024 of the Government amending and supplementing certain articles of Decree No. 48/2019/ND-CP dated June 5, 2019 of the Government stipulating the management of activities of water-based recreational service vessels, which took effect from April 10, 2024.
Pursuant to the Law on the Organization of the Government dated September 16, 2015;
Pursuant to the Maritime Code of Vietnam dated November 25, 2015;
Pursuant to the Law on Inland Waterway Transport dated June 15, 2004 and the Law Amending and Supplementing Certain Articles of the Law on Inland Waterway Transport dated June 15, 2004;
Pursuant to the Tourism Law dated June 19, 2017;
At the proposal of the Minister of Transport and the Minister of Culture, Sports and Tourism;
The Government promulgates this Decree stipulating the management of activities of water-based recreational service vessels [1].
Chapter I. GENERAL PROVISIONS
Article 1. Scope of Regulation
Article 1. This Decree stipulates the management of activities of water-based recreational service vessels in Vietnam, including: Management of water-based recreational activities, operational areas, vessels, and drivers of water-based recreational service vessels.
Article 2. This Decree does not apply to traditional festival activities and diving activities.
Article 2. Applicability
Article 1. This Decree applies to agencies, organizations, individuals, and vessels related to water-based recreational activities in Vietnam.
Article 2. Inland waterway vessels or ships when participating in water-based recreational service activities, in addition to complying with the regulations of the law on inland waterway transport or maritime law, must also comply with the provisions of this Decree.
Article 3. Explanation of Terms
In this Decree, the following terms are understood as follows:
Article 1. Water-based recreational service vessels are boats, ships, or other floating structures used for water-based recreational services with a carrying capacity of no more than five people and operating within operational areas approved or announced by competent state authorities (hereinafter referred to as vessels).
Article 2. The operational area for water-based recreational activities is the water area where water-based recreational vessels are permitted to operate within safe boundaries approved or announced by competent state authorities.
Article 3. The driver of a water-based recreational service vessel is the person directly controlling the water-based recreational vessel.
Article 4. Participants in water-based recreational activities are persons on the vessel but not directly controlling the water-based recreational service vessel, except for service staff on the vessel.
Chapter II. MANAGEMENT OF WATER-BASED RECREATIONAL ACTIVITIES
Article 4. Principles of water-based recreational activities
Clause 1. Water-based recreational activities must ensure order, safety, security, environmental protection, and effectiveness; contribute to the development of tourism and socio-economic development.
Clause 2. Investment in building operational areas for water-based recreational activities must be consistent with national sectoral plans and technical specialized plans that have been approved. When implementing projects to build operational areas for water-based recreational activities, investors must comply with the laws on investment and construction.
Clause 3. Organizations and individuals exploiting, providing recreational services, drivers of water-based recreational vessels, and participants in water-based recreational activities must comply with the provisions of this Decree and other relevant laws.
Article 5. Water-based recreational and entertainment zones
1. Water-based recreational and entertainment zones consist of two areas:
a) Area 1: Is the water area on inland waterway routes, port waters, or maritime zones;
b) Area 2: Is other water areas not included in Area 1, marked and located by buoys or flags with easily observable colors.
2. Time for organizing water-based recreational and entertainment activities
Based on actual conditions, the competent authority prescribed in Clause 1, Article 9 of this Decree decides the time period within a day allowed to organize recreational and entertainment activities in Area 1; the competent authority prescribed in Clause 1, Article 11 of this Decree stipulates the time period within a day allowed to organize recreational and entertainment activities in Area 2.
Article 6. Conditions for vessels and vessel drivers participating in water-based recreational and entertainment activities
1. Vessels serving water-based recreational and entertainment activities must undergo inspection according to national technical standards issued by the Minister of Transport and registered in accordance with this Decree, except for vessels already registered under the regulations of the Law on Inland Waterway Transport or the Law on Maritime Affairs.
2. Regarding water-based recreational and entertainment vessel drivers
a) Vessel drivers operating water-based recreational and entertainment activities must be at least 15 years old and in good health;
b) Drivers of vessels with main engine total power exceeding 5 horsepower must hold a driving license as prescribed;
c) Vessel drivers must wear life jackets throughout the duration of their participation in recreational and entertainment activities;
d) Drivers of vessels not falling under the provisions of point b, Clause 2 of this Article must be trained in safety skills by service providers before operating recreational and entertainment vessels.
Article 7. Responsibilities of organizations and individuals exploiting water-based activity zones and providing water-based recreational services
1. Regularly inspect the safety conditions of vessels and equipment.
2. Adequately provide life jackets, rescue devices, fire prevention and firefighting equipment as required.
3. Only permitted to organize recreational and entertainment activities during the time periods specified in Clause 2 of Article 5 of this Decree and must have plans to ensure security, safety, rescue, and environmental pollution prevention.
4. Train and guide participants in recreational and entertainment activities on safety skills.
5. Not to put vessels into operation when safety conditions are not met as prescribed.
6. Not to allow water-based recreational and entertainment vessel drivers to operate vessels outside the designated activity zones.
7. Provide warnings and guidance on weather conditions, health, and related factors when providing services; advise against participation in water-based recreational and entertainment activities in certain cases.
8. Arrange berthing and anchoring areas for vessels; recreational and entertainment vessels may only anchor in designated locations.
9. Arrange signals as prescribed; if signals are not arranged, buoys and flags must be set up as follows:
a) Buoy diameter minimum is 50 cm, flag size 50 x 60 cm;
b) Distance between two buoys or flags is 10 meters.
Article 8. Responsibilities of Participants in Underwater Recreational Activities
In addition to fulfilling obligations stipulated in Article 12 of the Tourism Law, participants in underwater recreational activities must wear life jackets throughout their participation in such activities and bear responsibility for their own health condition during these activities.
Chapter III. MANAGEMENT OF ACTIVITY ZONES
Article 9. Approval of Underwater Recreational Activities in Zone 1
1.[2] The Department of Transport shall approve underwater recreational activities in Zone 1.
2. Content of approval for activity zones includes: scale, area, purpose, duration of water usage; requirements for security, safety, rescue, and pollution prevention measures.
Article 10. Procedures for Approval of Underwater Recreational Activities in Zone 1[3]
1. Application dossier (one set of application documents, each type one copy)
a) Original or electronic form of Request Form according to Model No. 01 issued together with this Decree;
b) Original or electronic version or electronic copy of layout diagram of signal establishment or layout diagram of buoy and flag placement;
c) Original or electronic version or electronic copy of plan ensuring security, safety, rescue, and pollution prevention.
2. Procedures for Implementation
a) Organizations or individuals submit directly or through postal service or online public service system one set of application documents to the Department of Transport;
b) The Department of Transport receives the application dossier; if the dossier is not valid, within one working day from receipt of the dossier, it guides organizations or individuals to complete the dossier in accordance with this Decree;
c) Within two working days from receiving a valid dossier, the Department of Transport sends a document (accompanied by one set of copies of the dossier specified in Clause 1 of this Article) to the Inland Waterway Management Branch in the region if the recreational activity zone is on a national inland waterway route, or to the Maritime Port Inspection Branch in the region if the recreational activity zone is in a port water area or maritime zone to seek opinions;
d) Within two working days from the date of receiving the opinion-seeking document, the Inland Waterway Management Branch in the region or the Maritime Port Inspection Branch in the region shall provide a response. If there is no response within the prescribed time limit, it is deemed that the Inland Waterway Management Branch in the region or the Maritime Port Inspection Branch in the region agree to approve the underwater recreational activities in Zone 1 as requested by organizations or individuals;
đ) Within two working days from the date of receiving the response from the Inland Waterway Management Branch in the region or the Maritime Port Inspection Branch in the region, or from the end of the prescribed time limit for seeking opinions, the Department of Transport shall issue an approval document; in case of disapproval, it must respond in writing and specify the reasons.
Article 11. Competence to Agree and Announce Opening and Closing of Activity Zones in Zone 2[4]
1. The People's Committee of districts, towns, cities under provinces, and cities directly under the central government (hereinafter referred to collectively as the District People's Committee) shall implement agreements and announcements regarding the opening and closing of activity zones in Zone 2.
2. Before implementing investment construction projects, investors shall contact the District People's Committee to reach agreements on location, scale, security, safety, rescue, and pollution prevention measures. Investment projects shall be carried out in accordance with laws on investment and construction.
Article 12. Procedures for Announcing Openness and Permitting Operation in Zone 2[5]
1. The dossier for announcing the operation area with an investment construction project (one set of dossier, each type one copy), includes:
a) Original or electronic form of the Application Form according to Model No. 02 prescribed in the Appendix issued together with this Decree;
b) Original or electronic version or electronic copy of the layout diagram of signal installation for cases where the operational area borders Zone 1, or the layout diagram of buoys and flags for cases where the operational area does not border Zone 1;
c) Certified copy or electronic version or electronic copy of the decision approving the project (if any);
d) Original or electronic version or electronic copy of the Plan to Ensure Security, Safety, Search and Rescue, and Prevention of Environmental Pollution;
đ) Original or electronic version or electronic copy of the completion drawings of the works, including nautical charts or maps showing the location;
2. The dossier for announcing the operation area without an investment construction project (one set of dossier, each type one copy), includes:
a) Original or electronic form of the Application Form according to Model No. 02 prescribed in the Appendix issued together with this Decree;
b) Original or electronic version or electronic copy of the layout diagram of signal installation for cases where the operational area borders Zone 1, or the layout diagram of buoys and flags for cases where the operational area does not border Zone 1;
c) Original or electronic version or electronic copy of plan ensuring security, safety, rescue, and pollution prevention.
3. Implementation Procedures
a) Organizations or individuals directly submit or send through the postal service or online public service system one set of dossier to the People's Committee at the district level;
b) The People's Committee at the district level receives the dossier; if the dossier is not valid, within two working days from the date of receipt, guide organizations or individuals to complete the dossier in accordance with this Decree;
c) At the latest five working days from the date of receipt of a valid dossier, the People's Committee at the district level issues a decision to announce and permit operation according to Model No. 03 prescribed in the Appendix issued together with this Decree; in case of non-resolution, there must be a written response stating the reasons.
Article 13. Procedures for Closing and Not Permitting Operation in Zone 2
1. Zone 2 shall be closed and not permitted to operate in the following cases:
a) For national defense and security reasons;
b) When there are changes in national sector planning and technical, specialized planning related to the operational area;
c) The operational area does not meet the conditions for security, safety, and prevention of environmental pollution when organizing water-based recreational activities;
d) Organizations or individuals with operational areas no longer have the need to exploit or use them.
2.[6] In cases of closing and not permitting operation in Zone 2 as stipulated in points a, b, and c of Clause 1 of this Article, the People's Committee at the district level shall issue a decision to announce the closure and prohibition of operation in Zone 2.
3.[7] Dossier and procedures for closing the operational area as stipulated in point d of Clause 1 of this Article
a) Organizations or individuals directly submit or send through the postal service or online public service system to the People's Committee at the district level one original or electronic form of the application according to Model No. 04 prescribed in the Appendix issued together with this Decree;
b) At the latest two working days from the date of receipt of the application, the People's Committee at the district level shall issue a decision to announce the closure and prohibition of operation in Zone 2 according to Model No. 05 prescribed in the Appendix issued together with this Decree.
Chapter IV. REGISTRATION OF VEHICLES
Article 14. Vehicle Registration
1. Vehicles that have complete dossiers as prescribed in this Decree shall be registered in the Vehicle Register by the competent authority and issued a Certificate of Vehicle Registration for Water-Based Recreational Activities (collectively referred to as the Certificate of Vehicle Registration).
2. The Certificate of Vehicle Registration shall be implemented according to Model No. 06 prescribed in the Appendix issued together with this Decree;
3. Vehicles must be re-registered in the following cases:
a) Change of vehicle owner;
b) Change of vehicle name;
c) Change of vehicle technical specifications.
4.[8] Non-motorized vehicles with a carrying capacity of no more than five people are exempted from registration.
Article 15. Cancellation of Vehicle Registration
The cancellation of vehicle registration shall be applied in the following cases:
1. The vehicle is missing or destroyed and cannot be restored.
2. At the request of the vehicle owner.
Article 16. Name of the Vehicle
The name of the vehicle is set by the vehicle owner and recorded in the registration file; the name of the vehicle must not be identical to the name of another registered vehicle in the Vehicle Registration Book.
Article 17. Registration Number and Marking of the Registration Number on the Vehicle
1. The vehicle's registration number consists of two groups, a letter group and a number group.
a) The letter group includes letters according to Model No. 08 prescribed in the Appendix issued together with this Decree;
b) The number group starts from number 01; the number group is marked behind the letters.
2. The size of the letters and numbers marked on the vehicle is specified as follows:
a) Minimum height of the letters and numbers: 50 mm;
b) Minimum width of the stroke of the letters and numbers: 15 mm;
c) Distance between the letters and numbers: 10 mm.
3. The color of the letters and numbers must be different from the background color where they are marked.
4. Position for marking the vehicle's registration number
a) The vehicle's registration number must be marked at a place that is not obstructed on the left side, right side, and front of the cabin of the vehicle;
b) In case the vehicle does not have a cabin, it should be marked on the sides of the dry hull at both ends of the bow of the vehicle;
c) In case the vehicle does not have a cabin and the height of the dry hull is insufficient to mark the registration number as prescribed, the registration number may be reduced in size when marked but must be marked at the most visible location.
Article 18. Contents of the Vehicle Registration Book
The Vehicle Registration Book includes the following contents:
1. Serial number, registration number.
2. Vehicle name, date of issuance of the Certificate of Registration.
3. Name and address of the vehicle owner.
4. Purpose, year of manufacture, place/country of manufacture.
5. Design length, maximum length.
6. Design width, maximum width.
7. Hull height, draft.
8. Dry hull, hull material.
9. Quantity, type, and power of main engines.
10. Gross weight, towing capacity, pushing capacity, number of persons allowed to be carried.
11. A color photograph measuring 10 x 15 cm showing the entire starboard side of the vehicle in its floating state.
Article 19. Vehicle Registration Authority[9]
The People's Committee of the district organizes the implementation and management of the registration and management of water-based vehicles for recreational and entertainment purposes that are required to be registered under this Decree and other relevant laws.
The People's Committee of the commune manages water-based vehicles for recreational and entertainment purposes that are exempt from registration.
Article 20. Procedures for Initial Vehicle Registration
Organizations and individuals submit directly or send through the postal system or by other appropriate means one set of documents to the vehicle registration authority as prescribed in Article 19 of this Decree. The documents include:
1.[10] Documents to be submitted, including:
a) Application for vehicle registration according to Model No. 09 prescribed in the Appendix issued together with this Decree (one copy);
b) Receipt of stamp duty (original or electronic original or electronic copy) for vehicles subject to stamp duty.
2. Documents to be presented when submitting the application, including original copies of the following:[11]
a) Valid certificate of technical safety and environmental protection of the vehicle for vehicles subject to inspection;
b) Import permit or import declaration form in accordance with the law for imported vehicles;
c) Proof of ownership of the vehicle: Purchase contract or new construction contract of the vehicle or other documents of equivalent value;
d) Proof of permission to operate and having a registered office in Vietnam for foreign organizations or proof of permission to reside in Vietnam for foreign individuals.
3. In case the vehicle owner is simultaneously the owner of a new construction, conversion, repair, and restoration facility permitted to operate under the law, when registering the vehicle, there is no need to present the documents prescribed in point c, Clause 2 of this Article.
4. Procedure
a)[12] The vehicle registration authority receives and checks the documents; if the documents are not valid, within one working day from the date of receipt of the documents, guide the applicant to complete the documents in accordance with this Decree;
b) Within three working days from the date of receipt of valid documents, the vehicle registration authority issues the Certificate of Vehicle Registration to the vehicle owner; if not issued, a written response must be provided with the reasons stated clearly.
Article 21. Procedure for Re-registering Vehicles
Organizations and individuals wishing to re-register their vehicles may submit one set of application documents directly, send them through the postal service, or submit them via the online public service system to the vehicle registration authority as specified in Article 19 of this Decree. The application documents and processing procedures are as follows:[13]
1. In cases where the name of the vehicle changes: Organizations and individuals must submit an application for vehicle registration according to Form No. 10 stipulated in the Appendix issued together with this Decree, the previously issued Vehicle Registration Certificate, and present the valid Safety and Environmental Protection Certificate of the vehicle if it is subject to inspection.
2. In cases where technical specifications change: Organizations and individuals must submit an application for vehicle registration according to Form No. 10 stipulated in the Appendix issued together with this Decree, the previously issued Vehicle Registration Certificate, payment receipts or certificates of fee payment (if applicable), and present the valid Safety and Environmental Protection Certificate of the vehicle if it is subject to inspection.
3. In cases where the owner of the vehicle changes: Organizations and individuals must submit an application for vehicle registration according to Form No. 10 stipulated in the Appendix issued together with this Decree, the previously issued Vehicle Registration Certificate, payment receipts or certificates of fee payment (if applicable), and present documents proving ownership of the vehicle as prescribed in point c, Clause 2, Article 20 of this Decree, and the valid Safety and Environmental Protection Certificate of the vehicle if it is subject to inspection.
4. Re-registration procedure: The vehicle registration authority shall recover the previously issued Vehicle Registration Certificate, destroy it according to regulations for the cases stipulated in Clauses 1, 2, and 3 of this Article, and issue a new Vehicle Registration Certificate according to the provisions at Clause 4, Article 20 of this Decree.
5. In cases where the vehicle registration needs to be transferred to another local vehicle registration authority, the vehicle owner must submit an application for transfer, specify the new registration location, and return the previously issued Vehicle Registration Certificate.
The vehicle registration authority at the location requested by the vehicle owner will base on the database of the vehicle to issue a new Vehicle Registration Certificate to the vehicle owner with the registration information remaining unchanged from the previous Vehicle Registration Certificate.
Article 22. Procedure for Issuing a New Vehicle Registration Certificate
A new Vehicle Registration Certificate will be issued in cases where the original certificate is lost or damaged.
2.[14] Organizations and individuals wishing to obtain a new Vehicle Registration Certificate may submit one set of application documents directly, send them through the postal service, or submit them via other appropriate means to the vehicle registration authority as specified in Article 19 of this Decree. The application documents include:
a) In cases where the Vehicle Registration Certificate is lost: Organizations and individuals must submit an application for issuance of a new Vehicle Registration Certificate according to Form No. 11 stipulated in the Appendix issued together with this Decree, clearly stating the reason and being responsible for the truthfulness of the reported information.
The vehicle registration authority will issue a new Vehicle Registration Certificate based on the submitted documents and stored data, with the contents remaining unchanged from the previously issued certificate.
b) In cases where the Vehicle Registration Certificate is damaged: Organizations and individuals must submit an application for issuance of a new Vehicle Registration Certificate according to Form No. 11 stipulated in the Appendix issued together with this Decree and return the previously issued Vehicle Registration Certificate.
3. The vehicle registration authority will issue a new Vehicle Registration Certificate according to the provisions at Clause 4, Article 20 of this Decree.
For the case stipulated in point b, Clause 2 of this Article, the vehicle registration authority will collect and destroy the damaged Vehicle Registration Certificate according to regulations. The contents of the new Vehicle Registration Certificate will remain unchanged from the previously issued certificate.
4. The vehicle registration authority will announce on mass media and on its electronic portal the cases of issuing new Vehicle Registration Certificates.
Article 23. Procedure for deregistering watercraft
1. Organizations and individuals shall submit directly or send through the postal system or by other appropriate means one set of documents to the registration authority as prescribed in Article 19 of this Decree. The application documents include:
a) A request for deregistration of watercraft in Form No. 12 as stipulated in the Appendix issued together with this Decree;
b) The original Certificate of Watercraft Registration that has been issued.
2.15[15] The registration authority shall accept and examine the documents. In case the documents are not valid, within one working day from the date of receipt of the documents, the authority shall guide the applicant to complete the documents in accordance with this Decree.
Within two working days from the date of receipt of valid documents, the registration authority shall issue a certificate of deregistration of watercraft to the owner of the watercraft in Form No. 07 as stipulated in the Appendix issued together with this Decree; in case it does not issue such a certificate, it must provide a written response stating the reasons.
3. The registration authority shall announce on mass media and on its official website the cases of deregistration of watercraft.
Chapter VII.IMPLEMENTATION[16]
Article 24. Responsibilities of the Ministry of Transport
1. To take the lead and coordinate with provincial People's Committees and relevant agencies to organize and guide the implementation of this Decree.
2. To organize the review and improvement of national technical standards for watercraft used for recreational purposes.
3.[17] To direct the Vietnam Inland Waterways Administration and the Vietnam Maritime Administration to cooperate with Provincial Departments of Transport and District People's Committees to announce restricted areas and waters where watercraft for recreational purposes are permitted to operate.
4.[18] To direct the Vietnam Inland Waterways Administration and the Vietnam Maritime Administration to take the lead and coordinate with Provincial Departments of Transport, District People's Committees, and relevant agencies and units to organize the construction and put into use databases to support the management of activities of watercraft for recreational purposes.
Article 25. Responsibilities of the Ministry of Culture, Sports and Tourism
1. To coordinate with the Ministry of Transport to organize and guide the implementation of this Decree.
2. To take the lead and coordinate with the Ministry of Transport and relevant agencies to develop training content and programs and issue certificates for driving watercraft; safety skill guidance content for participants in underwater recreational activities.
3.[19] To direct Provincial Departments of Culture, Sports and Tourism to take the lead and coordinate with Provincial Departments of Transport, District People's Committees, and relevant agencies and units to review and improve legal regulations on underwater recreational activities in Vietnam.
4. To take the lead and coordinate with relevant agencies to review and improve legal regulations on administrative violations in underwater recreational activities.
Article 26. Ministry of Finance
To take the lead and coordinate with relevant ministries and agencies to establish specific regulations and guidelines on fees and charges related to the operation of watercraft for recreational purposes.
Article 27. Responsibilities of the Ministry of National Defense and the Ministry of Public Security
Based on their functions, tasks, and authorities as prescribed, to take the lead and coordinate with relevant ministries and agencies to organize inspections and handle violations concerning the operation of watercraft for recreational services in border areas as stipulated in this Decree and other relevant laws.
Article 28. Responsibilities of the People's Committees of provinces and centrally governed cities[20]
1. Organize the implementation of state management functions regarding the management of water-based recreational service vessels as stipulated in this Decree and other relevant laws.
2. Direct the People's Committees at the district level to organize the implementation of:
a) Management of registration for water-based recreational service vessels;
b) Inspection and supervision of the People's Committees at the commune level in organizing the management of vessels exempted from registration within their jurisdiction as stipulated in this Decree and other relevant laws;
c) Management of water-based recreational activities in Region 2 within their jurisdiction.
3. Direct the Department of Transport to organize the implementation of management of water-based recreational activities in Region 1 within their jurisdiction as stipulated in this Decree and other relevant laws.
Article 29. Effective Date
This Decree takes effect from August 15, 2019.
Article 30. Transitional Provisions
Water-based recreational service vessels and their operators that were operating before the effective date of this Decree shall continue to operate until December 31, 2021; from January 1, 2022, if they wish to continue operating, they must comply with all relevant provisions of this Decree.
Article 31. Responsibility for Implementation
Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of the People's Committees of provinces and centrally governed cities, related organizations, and individuals are responsible for implementing this Decree./.
| MINISTRY OF TRANSPORTATION Number: 10/VBHN-BGTVT
Place of Receipt: | CERTIFIED CONSOLIDATED DOCUMENT
Hanoi, April 1, 2024
DEPUTY MINISTER |
__________________________________
[1] Decree No. 19/2024/NĐ-CP amending and supplementing certain articles of Decree No. 48/2019/NĐ-CP dated June 5, 2019 of the Government on the management of water-based recreational service vessels is based on the following grounds:
"Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;
Pursuant to the Vietnam Maritime Code on November 25, 2015;
Pursuant to the Law on Inland Waterway Transport dated June 15, 2004; the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport dated June 17, 2014;
Pursuant to the Tourism Law dated June 19, 2017;
Pursuant to the Law on Border Defense of Vietnam dated November 11, 2020;
At the proposal of the Minister of Transport and the Minister of Culture, Sports and Tourism;
The Government promulgates this Decree amending and supplementing certain articles of Decree No. 48/2019/NĐ-CP dated June 5, 2019 of the Government on the management of water-based recreational service vessels.”
[2] This Clause has been amended and supplemented according to Clause 1 of Article 1 of Decree No. 19/2024/NĐ-CP amending and supplementing certain articles of Decree No. 48/2019/NĐ-CP dated June 5, 2019 of the Government on the management of water-based recreational service vessels, which takes effect from April 10, 2024.
[3] This Article has been amended and supplemented according to Clause 2 of Article 1 of Decree No. 19/2024/NĐ-CP amending and supplementing certain articles of Decree No. 48/2019/NĐ-CP dated June 5, 2019 of the Government on the management of water-based recreational service vessels, which takes effect from April 10, 2024.
[4] This Article has been amended and supplemented according to Clause 3 of Article 1 of Decree No. 19/2024/NĐ-CP amending and supplementing certain articles of Decree No. 48/2019/NĐ-CP dated June 5, 2019 of the Government on the management of water-based recreational service vessels, which takes effect from April 10, 2024.
[5] This provision is amended and supplemented pursuant to Clause 4, Article 1 of Decree No. 19/2024/NĐ-CP amending and supplementing certain articles of Decree No. 48/2019/NĐ-CP dated June 5, 2019 of the Government on management of activities of water recreation service vehicles, which takes effect from April 10, 2024.
[6] This clause is amended and supplemented pursuant to Clause 5, Article 1 of Decree No. 19/2024/NĐ-CP amending and supplementing certain articles of Decree No. 48/2019/NĐ-CP dated June 5, 2019 of the Government on management of activities of water recreation service vehicles, which takes effect from April 10, 2024.
[7] This clause is amended and supplemented pursuant to Clause 5, Article 1 of Decree No. 19/2024/NĐ-CP amending and supplementing certain articles of Decree No. 48/2019/NĐ-CP dated June 5, 2019 of the Government on management of activities of water recreation service vehicles, which takes effect from April 10, 2024.
[8] This clause is supplemented pursuant to Clause 6, Article 1 of Decree No. 19/2024/NĐ-CP amending and supplementing certain articles of Decree No. 48/2019/NĐ-CP dated June 5, 2019 of the Government on management of activities of water recreation service vehicles, which takes effect from April 10, 2024.
[9] This provision is amended and supplemented pursuant to Clause 7, Article 1 of Decree No. 19/2024/NĐ-CP amending and supplementing certain articles of Decree No. 48/2019/NĐ-CP dated June 5, 2019 of the Government on management of activities of water recreation service vehicles, which takes effect from April 10, 2024.
[10] This clause is amended and supplemented pursuant to Point a, Clause 8, Article 1 of Decree No. 19/2024/NĐ-CP amending and supplementing certain articles of Decree No. 48/2019/NĐ-CP dated June 5, 2019 of the Government on management of activities of water recreation service vehicles, which takes effect from April 10, 2024.
[11] This reference is amended and supplemented pursuant to Point b, Clause 8, Article 1 of Decree No. 19/2024/NĐ-CP amending and supplementing certain articles of Decree No. 48/2019/NĐ-CP dated June 5, 2019 of the Government on management of activities of water recreation service vehicles, which takes effect from April 10, 2024.
[12] This point is amended and supplemented pursuant to Point c, Clause 8, Article 1 of Decree No. 19/2024/NĐ-CP amending and supplementing certain articles of Decree No. 48/2019/NĐ-CP dated June 5, 2019 of the Government on management of activities of water recreation service vehicles, which takes effect from April 10, 2024.
[13] This reference is amended and supplemented pursuant to Clause 9, Article 1 of Decree No. 19/2024/NĐ-CP amending and supplementing certain articles of Decree No. 48/2019/NĐ-CP dated June 5, 2019 of the Government on management of activities of water recreation service vehicles, which takes effect from April 10, 2024.
[14] This clause is amended and supplemented pursuant to Clause 10, Article 1 of Decree No. 19/2024/NĐ-CP amending and supplementing certain articles of Decree No. 48/2019/NĐ-CP dated June 5, 2019 of the Government on management of activities of water recreation service vehicles, which takes effect from April 10, 2024.
[15] This clause is amended and supplemented pursuant to Clause 11, Article 1 of Decree No. 19/2024/NĐ-CP amending and supplementing certain articles of Decree No. 48/2019/NĐ-CP dated June 5, 2019 of the Government on management of activities of water recreation service vehicles, which takes effect from April 10, 2024.
[16] Article 2 and Article 3 of Decree No. 19/2024/ND-CP amending and supplementing certain provisions of Decree No. 48/2019/ND-CP dated June 5, 2019 of the Government on the management of activities of water-based recreational service vessels shall take effect from April 10, 2024 and are stipulated as follows:
Article 2. Transitional Provisions
1. Water-based recreational areas that have been approved for operation in Zone 1 by competent state authorities before this Decree takes effect shall continue to operate according to the term specified in the approval document.
2. Water-based recreational areas that have been announced open and permitted to operate in Zone 2 by competent state authorities before this Decree takes effect shall continue to operate according to the term specified in the decision announcing the opening and permitting operation.
3. In cases where administrative procedures related to water-based recreational activities (approval of operation of water-based recreational areas in Zone 1; announcement of opening and permitting operation in Zone 2; closure and non-permission to operate in Zone 2; initial registration of vessels; re-registration of vessels; issuance of replacement vessel registration certificates; cancellation of vessel registrations) have been submitted to the competent authority in accordance with regulations before this Decree takes effect, they shall continue to be considered and resolved in accordance with the provisions of Decree No. 48/2019/ND-CP dated June 5, 2019 of the Government on the management of activities of water-based recreational service vessels.
4. From the date this Decree takes effect, if the Department of Transport has not been able to perform the tasks prescribed in Clause 1, Article 1 of this Decree, it shall issue a document requesting the Vietnam Directorate of Inland Waterways or the Vietnam Maritime Administration to continue performing them. As of January 1, 2025, the Department of Transport shall implement the approval of water-based recreational activities in Zone 1 in accordance with the provisions of Clause 1, Article 1 of this Decree.
5. From the date this Decree takes effect, if the People's Committee at the district level has not been able to perform the tasks prescribed in Clause 3 and Clause 4, Article 1 of this Decree, it shall issue a document requesting the People's Committee at the provincial level and the Department of Transport to continue performing them. As of January 1, 2025, the People's Committee at the district level shall implement agreements, announcements of opening and closing Zone 2, and closure and non-permission to operate in Zone 2 in accordance with the provisions of Clause 3 and Clause 4, Article 1 of this Decree.
Article 3. Effectiveness
1. This Decree takes effect from April 10, 2024.
2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for guiding and implementing this Decree."
[17] This clause is amended and supplemented in accordance with point a, Clause 12, Article 1 of Decree No. 19/2024/ND-CP amending and supplementing certain provisions of Decree No. 48/2019/ND-CP dated June 5, 2019 of the Government on the management of activities of water-based recreational service vessels, which shall take effect from April 10, 2024.
[18] This clause is amended and supplemented in accordance with point b, Clause 12, Article 1 of Decree No. 19/2024/ND-CP amending and supplementing certain provisions of Decree No. 48/2019/ND-CP dated June 5, 2019 of the Government on the management of activities of water-based recreational service vessels, which shall take effect from April 10, 2024.
[19] This clause is amended and supplemented in accordance with Clause 13, Article 1 of Decree No. 19/2024/ND-CP amending and supplementing certain provisions of Decree No. 48/2019/ND-CP dated June 5, 2019 of the Government on the management of activities of water-based recreational service vessels, which shall take effect from April 10, 2024.
[20] This provision is amended and supplemented in accordance with Clause 14, Article 1 of Decree No. 19/2024/NĐ-CP amending and supplementing certain articles of Decree No. 48/2019/NĐ-CP dated June 5, 2019 of the Government on the management of activities of water recreation vessels, which takes effect from April 10, 2024.
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