Circular No. 17/2010/TT-BVHTTDL stipulates the conditions for operating water sports facilities organizing sea motorboat activities.

CIRCULAR

Regulations on the conditions for operating water sports facilities

organizing water motorcycle activities at sea

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Pursuant to the Law on Physical Education and Sports No. 77/2006/QH11 dated November 29, 2006;

“1. Position

Article 1. Other types of artistic performances

Based on Decree No. 69/2008/NĐ-CP dated May 30, 2008 of the Government on policies to encourage socialization in education, vocational training, health care, culture, sports, and environmental activities.

The Ministry of Culture, Sports and Tourism shall provide detailed regulations on the professional conditions for sports facilities organizing water motorcycle activities at sea as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies the detailed professional conditions regarding infrastructure, equipment, and specialized staff of sports facilities organizing water motorcycle activities at sea.

Article 2. Applicability

This Circular applies to organizations and individuals organizing water motorcycle activities at sea in Vietnam.

Article 3. Issuance of Certificate of Compliance with Operating Conditions

1. A sports facility organizing water motorcycle activities at sea must obtain a certificate of qualification for operation according to the procedures stipulated in Article 55 of the Law on Physical Education and Sports when conducting such activities.

2. A sports facility organizing high-performance water motorcycle sports training and competition activities must ensure the conditions prescribed in Article 43 of the Law on Physical Education and Sports, the Law on Water Motorcycle Competition, and the Competition Rules.

Chapter II

SPECIFIC PROVISIONS

Article 4. Conditions for the area of water motorcycle activity

1. The area of water motorcycle activity is a surface water area determined by coordinates on nautical charts and a system of buoys or flags positioned appropriately in accordance with the approved planning for marine resource utilization and environmental protection.

2. The coastal area for water motorcycle activities must meet the following conditions:

a) Minimum depth of 2 meters, without underwater rocks or coral reefs;

b) Distance from the shoreline to the outer limit of the activity area not exceeding 650 meters, and to the inner limit of the activity area not less than 60 meters.

Article 5. Conditions for warning signs and operational rules boards

Warning signs and operational rules boards must be placed in appropriate locations that are easily noticeable. The main contents of the warning signs and operational rules boards include:

1. People swimming at the beach and those performing work on the sea must absolutely not enter areas where vehicles are operating, or cling to safety flag or buoy systems (except for staff performing duties and rescue operations on the sea);

2. Participants in water motorcycle sports activities must wear life jackets, know how to swim, and not suffer from cardiovascular, hypertension, or respiratory diseases;

3. Alcohol, beer, and other stimulants must not be consumed during participation in water motorcycle sports activities;

4. Vehicles must not be operated outside the permitted activity area marked by flags or buoys.

Article 6. Conditions for mooring berths

1. In compliance with the approved planning by competent state authorities.

2. Must have a system for receiving oil waste from vehicles operating at sea.

3. The entrance of each mooring berth must be at least 250 meters apart; the entrance of the mooring berth must have a minimum width of 6 meters.

Article 7. Conditions for buoys and flags

1. Buoys and flags must have contrasting colors with the water and surrounding environment for easy observation, conforming to the Vietnamese Inland Waterway Traffic Signal Rules (22TCN 269 - 2000) issued by Decision No. 4099/2000/QĐ-BGTVT dated December 28, 2000 of the Ministry of Transport.

Materials used for buoys must not cause pollution to the marine environment.

2. The dimensions of buoys and flags are as follows:

a) Buoy diameter of at least 30 cm, flag size of 30 x 40 cm or larger;

b) Distance between flags or buoys not more than 10 meters.

Article 8. Conditions for training equipment

1. Water motorcycles in use must have engine power (measured in horsepower) that operates on the sea without causing noise that affects resort areas, research institutes, schools, residential zones.

2. Water motorcycles must be equipped with registration certificates for inland waterway vessels, safety technical inspection certificates, and environmental protection certificates issued by competent authorities when put into operation.

3. Water motorcycles shall not discharge cooling water containing oil concentrations exceeding 05 mg/liter (as per TCVN 5945:2005 - Industrial Wastewater Discharge Standards issued pursuant to Decision No. 22/2006/QĐ-BTNMT dated December 18, 2006 of the Ministry of Natural Resources and Environment); they must have devices to prevent fuel, oil, and waste oil from spilling into the sea.

4. Water motorcycles must undergo regular inspections for safety technical quality and environmental safety in accordance with the regulations of competent authorities.

Article 9. Professional Staff Conditions

1. Training instructors must be in good health, know how to swim, possess motorboat driving skills, and meet the standards stipulated in Point 1, Section I of Circular No. 05/2007/TT-UBTDTT dated July 20, 2007 of the Sports Committee guiding the implementation of certain provisions of Decree No. 112/2007/NĐ-CP dated June 26, 2007 of the Government detailing and guiding the implementation of certain articles of the Law on Physical Education and Sports.

2. Rescue personnel must hold certificates of rescue swimming ability of 400 meters or more, issued or recognized by the General Department of Sports or the Vietnam Aquatic Sports Association.

3. Medical staff must have at least a secondary medical education level and be trained in basic first aid and emergency care.

4. Training instructors and rescue personnel specified in Clause 1 and Clause 2 of this Article must undergo health examinations according to regulations before participating in activities and must be re-examined every six months.

Article 10. Conditions for Communication and Rescue Safety

1. Communication: Sports facilities must be equipped with communication systems ensuring requirements for communication between the Control and Rescue Unit and activity areas within the facility's management responsibility.

2. Rescue Safety:

a) Sports facilities must have observation stations capable of monitoring the entire activity area within their management responsibility.

b) Sports facilities must have rescue boats, lifebuoys (at least five lifebuoys), and life jackets (at least two life jackets per water motorcycle).

c) Participants must wear life jackets and must be proficient in using lifebuoys. Those who do not know how to use or are not proficient in operating water motorcycles must have coaches or guides accompanying them to control and support.

d) Medical staff must be on standby, and contingency plans for dealing with accidents and emergencies must be established.

Chapter III

IMPLEMENTATION

Article 11. Responsibilities of Relevant Authorities

1. The General Department of Physical Education and Sports shall be responsible for guiding and inspecting the implementation of this Circular.

2. Provincial Departments of Culture, Sports, and Tourism under the Central Government are responsible for implementing this Circular; inspecting and handling organizations and individuals organizing water motorcycle activities on the sea in violation of professional activity conditions within their jurisdiction.

Article 12. Effective Date

This Circular takes effect 45 days from the date of signature.

During implementation, if any issues arise, organizations and individuals are advised to promptly report them to the Ministry of Culture, Sports and Tourism for timely resolution./.