Decree No. 19/2024/ND-CP Amending and supplementing some articles of Decree No. 48/2019/ND-CP dated June 5, 2019 of the Government on management of activities of water sports service vessels

DECREE

Amending and supplementing the list of narcotic substances and precursors promulgated amending and supplementing some articles of Decree No. 48/2019/NĐ-CPdated June 5, 2019 of the Government

on the management of activitiesof water recreation service vessels

^{__________________}

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions 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 to amend and supplement some articles of Decree No. 48/2019/NĐ-CP dated June 5, 2019 of the Government on the management of activities of water recreation service vessels.

Article 1. Amending and supplementing some articles of Decree No. 48/2019/NĐ-CP dated June 5, 2019 of the Government on the management of activities of water recreation service vessels:

1. Amend and supplement Clause 1 of Article 9 as follows:

"1. The Department of Transport shall approve water recreation activities in Zone 1."

2. Amend and supplement Article 10 as follows:

“Article 10. Procedures for Approval of Underwater Recreational Activities in Zone 1

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 shall accept the dossier; if the dossier is not valid, within one working day from the date of receipt of the dossier, guide organizations and individuals to complete the dossier in accordance with the provisions of this Decree;

c) Within two working days from the date of receipt of a valid dossier, the Department of Transport shall send a document (accompanied by one set of copies of the dossier specified in Clause 1 of this Article) to the Inland Waterway Transport Management Branch in the region if the water recreation activity zone lies on a national inland waterway route, or to the Port Maritime Service Branch in the region if the water recreation activity zone lies in a port area or maritime zone for soliciting opinions;

d) Within two working days from the date of receipt of the document soliciting opinions, the Inland Waterway Transport Management Branch in the region or the Port Maritime Service Branch in the region shall issue a reply. If there is no reply within the prescribed time limit, it shall be deemed that the Inland Waterway Transport Management Branch in the region or the Port Maritime Service Branch in the region agree to approve water recreation activities in Zone 1 as proposed by organizations and individuals;

e) Within two working days from the date of receipt of the reply from the Inland Waterway Transport Management Branch in the region or the Port Maritime Service Branch in the region, or from the date of expiration of the time limit for soliciting opinions, the Department of Transport shall issue a document approving the activity; in case of non-approval, a written response must be provided with clear reasons."

3. Amending and supplementing Article 11 as follows:

“Article 11. Competence to Agree and Announce Opening and Closing of Activity Zones in Zone 2

1. The People's Committee of districts, towns, cities under provinces, and cities directly under the central government (hereinafter referred to collectively as the People's Committee at district level) shall implement agreements and announce the opening and closing of activity zones in Zone 2.

2. Before implementing investment projects, the investor shall contact the People's Committee at district level to reach an agreement on location, scale, measures to ensure security, safety, rescue, and prevention of environmental pollution. Investment projects shall be carried out in accordance with the laws on investment and construction.".

4. Amending and supplementing Article 12 as follows:

“Article 12. Procedures for Announcing Openness and Permitting Operation in Zone 2

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 original or electronic copy of the layout diagram of signal installation for cases where the activity zone borders Zone 1, or layout diagram of buoys and flags for cases where the activity zone 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 original or electronic copy of the layout diagram of signal installation for cases where the activity zone borders Zone 1, or layout diagram of buoys and flags for cases where the activity zone 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 district level shall accept the dossier; if the dossier is not valid, within two working days from the date of receipt of the dossier, guide organizations and individuals to complete the dossier in accordance with the provisions of this Decree;

c) At the latest five working days from the date of receipt of a valid dossier, the People's Committee at district level shall issue a decision to announce and permit operation according to Model No. 03 stipulated in the Appendix attached to this Decree; in case of non-resolution, a written response must be provided with clear reasons."

5. Amending and supplementing Clause 2 and Clause 3 of Article 13 as follows:

"2. In cases where the closure and non-permission to operate in Zone 2 are stipulated in Points a, b, and c of Clause 1 of this Article, the People's Committee at district level shall issue a decision to announce the closure and non-permission to operate in Zone 2.

3. Dossier and procedures for closing the activity zone as stipulated in Point d of Clause 1 of this Article

a) Organizations and individuals shall submit directly or through postal services or online public service systems to the People's Committee at district level one original or electronic form of the application according to Model No. 04 stipulated in the Appendix attached to this Decree;

b) At the latest two working days from the date of receipt of the application, the People's Committee at district level shall issue a decision to announce the closure and non-permission to operate in Zone 2 according to Model No. 05 stipulated in the Appendix attached to this Decree."

6. Supplementing Clause 4 of Article 14 as follows:

"4. Exemption from registration for non-motorized vessels with a carrying capacity of no more than five people."

7. Amending and supplementing Article 19 as follows:

“Article 19. Vehicle Registration Authority

The People's Committee at district level shall organize the implementation and management of registration and management of water recreation service vessels required to be registered in accordance with this Decree and other relevant laws.

The People's Committee at commune level shall manage water recreation service vessels exempted from registration."

8. Amending and supplementing some clauses of Article 20 as follows:

a) Amend and supplement Clause 1 as follows:

"1. Documents to be submitted include:

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 vessels subject to stamp duty."

b) Amending and supplementing the introductory clause of Clause 2 as follows:

"2. Documents to be presented when submitting the dossier include the originals of the following:"

c) Amending and supplementing Point a of Clause 4 as follows:

"a) The vessel registration authority shall accept and check the dossier; if the dossier is not valid, within one working day from the date of receipt of the dossier, guide the person submitting the dossier to complete the dossier in accordance with the provisions of this Decree;"

9. Amending and supplementing the introductory clause of Article 21 as follows:

"Organizations and individuals who wish to submit one set of dossiers directly or through postal services or online public service systems to the vessel registration authority stipulated in Article 19 of this Decree. The dossier and its processing shall be as follows:"

10. Amending and supplementing Clause 2 of Article 22 as follows:

"2. Organizations and individuals who wish to submit one set of dossiers directly or through postal services or other appropriate means to the vessel registration authority stipulated in Article 19 of this Decree. The dossier includes:"

a) In case the Certificate of Registration is lost: The organization or individual submits an application for reissuance of the Certificate of Registration of the vessel according to Form No. 11 prescribed in the Appendix accompanying this Decree, clearly stating the reasons and bearing responsibility 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 case the Certificate of Registration is damaged: The organization or individual submits an application for reissuance of the Certificate of Registration of the vessel according to Form No. 11 prescribed in the Appendix accompanying this Decree and returns the previously issued Certificate of Registration of the vessel.

11. Amend and supplement Clause 2 of Article 23 as follows:

“2. The registration authority shall accept and examine the file; in case the file is not valid, within 01 working day from the date of receipt of the file, guide the applicant to complete the file in accordance with this Decree.”

Within 02 working days from the date of receipt of a valid file, the registration authority shall issue a certificate of deregistration of the vessel to the owner of the vessel according to Form No. 07 prescribed in the Appendix accompanying this Decree; in case it does not issue, it must provide a written response and specify the reasons.

12. Amend and supplement Clause 3, Clause 4 of Article 24 as follows:

a) To amend and supplement Clause 3 as follows:

“3. Direct the Vietnam Inland Waterway Administration and the Vietnam Maritime Administration to coordinate with the Department of Transport and the People's Committee of the district to announce restricted areas and water areas for vessels serving water-based recreational activities that are permitted to operate.”

b) Amend and supplement Clause 4 as follows:

“4. Direct the Vietnam Inland Waterway Administration and the Vietnam Maritime Administration to take the lead and coordinate with the Department of Transport, the People's Committee of the district, and related agencies and units to organize the construction and put into use a database to serve the management of the operation of vessels serving water-based recreational activities.”

13. Amend and supplement Clause 3 of Article 25 as follows:

“3. Direct the Department of Culture, Sports and Tourism to take the lead and coordinate with the Department of Transport, the People's Committee of the district, and related agencies and units to review and perfect the legal regulations on water-based recreational activities in Vietnam.”

14. Amend and supplement Article 28 as follows:

“Article 28. Responsibilities of the People's Committees of provinces and centrally governed cities

1. Implement state management functions over the management of the operation of vessels serving water-based recreational activities in accordance with 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) Inspect and supervise the People's Committee of the commune in organizing the management of vessels exempted from registration within its jurisdiction as prescribed 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 implement the management of water-based recreational activities in Region 1 within its jurisdiction as prescribed in this Decree and other relevant laws.

15. Replace Forms No. 03, No. 05, No. 06, No. 10, No. 11, and No. 12 prescribed in Decree No. 48/2019/NĐ-CP dated June 5, 2019 of the Government on the management of the operation of vessels serving water-based recreational activities with Forms No. 01, No. 02, No. 03, No. 04, No. 05, and No. 06 respectively accompanying this Decree.

Article 2. Transitional provisions

1. Water-based recreational activity zones that have been approved by competent state authorities to operate in Region 1 before the effective date of this Decree shall continue to operate according to the duration stated in the approval document.

2. Water-based recreational activity zones that have been announced open and allowed to operate in Region 2 by competent state authorities before the effective date of this Decree shall continue to operate according to the duration stated in the decision announcing the opening and allowing operation.

3. In cases where administrative procedures related to water-based recreational activities (approval of water-based recreational activities in Region 1; announcement of opening and allowing operation in Region 2; closure and disallowing operation in Region 2; initial registration of vessels; re-registration of vessels; reissue of the Certificate of Registration of vessels; deregistration of vessels) were submitted to the competent authority in compliance with regulations before the effective date of this Decree, they shall continue to be considered and resolved in accordance with Decree No. 48/2019/NĐ-CP dated June 5, 2019 of the Government on the management of the operation of vessels serving water-based recreational activities.

4. From the effective date of this Decree, if the Department of Transport has not been able to perform the tasks prescribed in Clause 1 of Article 1 of this Decree, it shall submit a written request to the Vietnam Inland Waterway Administration or the Vietnam Maritime Administration to continue performing them. As of January 1, 2025, the Department of Transport shall perform the task of approving water-based recreational activities in Region 1 as prescribed in Clause 1 of Article 1 of this Decree.

5. From the effective date of this Decree, if the People's Committee of the district has not been able to perform the tasks prescribed in Clause 3 and Clause 4 of Article 1 of this Decree, it shall submit a written request to the People's Committee of the province and the Department of Transport to continue performing them. As of January 1, 2025, the People's Committee of the district shall perform the task of agreeing to, announcing the opening and closing of Region 2, and closing and disallowing operation in Region 2 as prescribed in Clause 3 and Clause 4 of Article 1 of this Decree.

Article 3. Effectiveness

1. This Decree takes effect from April 10, 2024.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial People's Committees directly under the central government are responsible for guiding and implementing this Decree./.