Decree No. 48/2019/NĐ-CP on the management of activities of water recreation service vessels

DECREE

Article 24regulating the management of activities of vessels

serving water-based entertainment and recreation

________________

Pursuant to the Law on the Organization of the Government dated September 16, 2015;

Pursuant to the Vietnam Maritime Code on November 25, 2015;

Pursuant to the Law on Inland Waterway Transport on June 15, 2004 and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport on June 15, 2004;No. Article of the Law on Road Traffic Safety for Domestic Roads;of 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 vessels serving water-based entertainment and recreation.

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the management of activities of vessels serving water-based entertainment and recreation in Vietnam, including: Management of water-based entertainment and recreation activities, operational areas, vessels, and drivers of vessels serving water-based entertainment and recreation.

2. This Decree does not apply to traditional festival activities and diving activities.

Article 2. Applicability

1. This Decree applies to agencies, organizations, individuals, and vessels related to water-based entertainment and recreation activities in Vietnam.

2. Inland waterway vessels or ships participating in activities serving water-based entertainment and recreation must comply with the provisions of the law on inland waterway transport or maritime law, in addition to complying with the provisions of this Decree.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Vessels serving water-based entertainment and recreation are boats, ships, or other floating structures used for water-based entertainment and recreation with a carrying capacity of no more than five people and operating within an operational area approved or announced by competent state authorities (hereinafter referred to as vessels).

2. The operational area for water-based entertainment and recreation is the body of water where vessels for water-based entertainment and recreation are permitted to operate within safe boundaries approved or announced by competent state authorities.

3. The driver of vessels serving water-based entertainment and recreation is the person directly controlling the vessel for water-based entertainment and recreation.

4. Participants in water-based entertainment and recreation are persons on the vessel but not directly controlling the vessel for water-based entertainment and recreation, except for service staff on the vessel.

Chapter II

MANAGEMENT OF WATER-BASED ENTERTAINMENT AND RECREATION ACTIVITIES

Article 4. Principles of water-based entertainment and recreation activities

1. Entertainment and recreational activities must ensure order, safety, security, environmental protection, and effectiveness; contributing to the development of tourism and socio-economic development.

2. Investment in constructing operational areas for water-based entertainment and recreation must be consistent with national sectoral plans and technical specialized plans that have been approved. When implementing investment projects to construct operational areas for water-based entertainment and recreation, investors must comply with the laws on investment and construction.

3. Organizations and individuals exploiting, providing services for entertainment and recreation, drivers of vessels for entertainment and recreation, and participants in water-based entertainment and recreation must comply with the provisions of this Decree and other relevant laws.

Article 5. Operational Areas for Water-Based Entertainment and Recreation

1. Operational areas for water-based entertainment and recreation include two zones:

a) Zone 1: Is the body of water along inland waterways, port waters, or maritime areas;

b) Zone 2: Is another body of water not included in Zone 1, marked and located by buoys or flags with easily observable colors.

2. Time for organizing water-based entertainment and recreation activities Based on actual conditions, the competent authority prescribed in Clause 1 of Article 9 of this Decree decides the time period during the day allowed for organizing entertainment and recreation activities in Zone 1; the competent authority prescribed in Clause 1 of Article 11 of this Decree determines the time period during the day allowed for organizing entertainment and recreation activities in Zone 2.

Article 6. Conditions for vessels and drivers when participating in water-based recreational activities

1. Vessels serving water-based recreational activities must undergo inspection according to national technical standards issued by the Minister of Transport and register in accordance with this Decree, except for vessels that have already been registered under the regulations of inland waterway traffic laws or maritime laws.

2. Regarding drivers of vessels for recreational activities

a) Drivers operating water-based recreational activities must be at least 15 years old and in good health;

b) Drivers of vessels with total engine power exceeding five horsepower must hold a driving license as prescribed;

c) Drivers must wear life jackets throughout the duration of recreational activities;

d) Drivers not covered by point b, Clause 2, Article 7 of this Decree must be trained on safety skills by the service provider organization before operating recreational vessels.

Article 7. Responsibilities of organizations and individuals exploiting activity areas 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 extinguishing equipment as prescribed.

3. Only permitted to organize recreational activities within the time frame specified in Clause 2, Article 5 of this Decree and must have plans to ensure security, safety, rescue, and environmental pollution prevention.

4. Train and guide participants on safety skills.

5. Not allowed to put vessels into operation if they do not meet the prescribed safety conditions.

6. Not permit drivers of recreational vessels to operate vessels outside the designated activity area.

7. Provide warnings and instructions about weather conditions, health status, and related factors when providing services; advise against participation in recreational activities under certain circumstances.

8. Arrange berthing and anchoring areas for vessels; recreational vessels can only anchor in designated locations.

9. Set up signals as prescribed; if signals are not set up, buoys and flags must be arranged as follows:

a) The minimum diameter of buoys is 50 cm, flag size is 50 x 60 cm;

b) The distance between two buoys or flags is 10 meters.

Article 8. Responsibilities of participants in water-based recreational activities

In addition to fulfilling obligations stipulated in Article 12 of the Tourism Law, participants in water-based recreational activities must wear life jackets throughout the duration of recreational activities and bear responsibility for their own health condition during such activities.

Chapter III

MANAGEMENT OF ACTIVITY AREAS

Article 9. Approval of water-based recreational activities in Area 1

a) On national inland waterways: Vietnam Directorate of Inland Waterways;

b) On provincial inland waterways: Provincial Department of Transport;

c) In port waters or maritime zones: Vietnam Maritime Administration.

2. Content of approval for activity areas includes: scale, area, purpose, duration of water usage; requirements for measures to ensure security, safety, rescue, and environmental pollution prevention.

1. Documents (one set of documents, one copy of each type)

a) Application form according to Form No. 01 prescribed in the Appendix issued together with this Decree;

b) Layout diagram of signal placement, in cases where the activity area falls under points a and b of Clause 1, Article 9 of this Decree, the signals must be designed in accordance with relevant national technical standards;

c) Plan ensuring security, safety, rescue, and prevention of environmental pollution.

2. Procedures for Implementation

a) Organizations and individuals submit directly or through the postal service or by other appropriate means one set of documents to the competent state agency as stipulated in Clause 1, Article 9 of this Decree;

b) The competent state agency as stipulated in Clause 1, Article 9 of this Decree receives the documents; if the documents are not complete, within two working days from the date of receipt, guide organizations and individuals to complete the documents in accordance with this Decree;

c) Within five working days from the date of receiving valid documents, the competent state agency as stipulated in Clause 1, Article 9 of this Decree issues a written approval; in case of disapproval, provide a written response stating the reasons.

1. Provincial People's Committees (hereinafter referred to collectively as Provincial People's Committee) implement agreements and announcements on opening and closing Zone 2.

2. Before implementing investment projects, the Provincial People's Committee agrees with the investor on location, scale, measures to ensure security, safety, rescue, and prevention of environmental pollution. Investment projects shall be carried out in accordance with laws on investment and construction.

1. Documents for announcing the operation zone with an investment construction project (one set of documents, one copy of each type), including:

a) Application form according to Form No. 02 prescribed in the Appendix issued together with this Decree;

b) Layout diagram of signal placement for cases where the operation area borders Zone 1 or layout diagram of buoys and flags for cases where the operation area does not border Zone 1;

c) Certified copy of the decision approving the project (if any);

d) Plan ensuring security, safety, rescue, and prevention of environmental pollution;

đ) As-built drawings of the works, including nautical charts or maps showing the location.

2. Documents for announcing the operation zone without an investment construction project (one set of documents, one copy of each type), including:

a) Application form according to Form No. 02 prescribed in the Appendix issued together with this Decree;

b) Layout diagram of signal placement for cases where the operation area borders Zone 1 or layout diagram of buoys and flags for cases where the operation area does not border Zone 1;

c) Plan ensuring security, safety, rescue, and prevention of environmental pollution.

3. Implementation Procedures

a) Organizations and individuals submit directly or through the postal service or by other appropriate means one set of documents to the Department of Transport;

b) At the latest within five working days from the date of receiving valid documents, the Department of Transport reports the results of the review to the Provincial People's Committee for consideration and announcement of the opening of the operation zone; in case of incomplete documents, within two working days from the date of receipt, the Department of Transport guides organizations and individuals to complete the documents in accordance with this Decree;

c) At the latest within five working days from the date of receiving documents from the Department of Transport, the Provincial People's Committee issues a decision to announce according to Form No. 03 prescribed in the Appendix issued together with this Decree; in case of non-resolution, provide a written response stating the reasons.

Article 13. Procedures for Closing and Prohibiting Activities in Zone 2

1. Zone 2 shall be closed and activities prohibited in the following cases:

a) For reasons of national defense and security;

b) When there are changes to national sector planning and technical, specialized planning related to the operational zone;

c) The operational zone does not ensure conditions for safety, security, and prevention of environmental pollution when organizing water-based recreational and entertainment activities;

d) Organizations, entities, or individuals with operational zones no longer have a need to exploit or use them.

a) Organizations or individuals shall submit directly or through the postal service or other appropriate means to the Department of Transport one application form according to Form No. 04 prescribed in the Appendix issued together with this Decree;

b) Within the latest two working days from the date of receipt of the application, the Department of Transport shall check the information and report to the People's Committee of the province for consideration and announcement of the closure of the operational zone;

c) Within the latest two working days from the date of receipt of the report from the Department of Transport, the People's Committee of the province shall issue a decision to announce the closure of the operational zone according to Form No. 05 prescribed in the Appendix issued together with this Decree.

Chapter IV

REGISTRATION OF VEHICLES

Article 14. Registration of Vessels

1. Vessels that meet the required documents as stipulated in this Decree shall be registered in the Register of Vessels by the competent authority and issued a Certificate of Registration for Water-Based Recreational and Entertainment Vessels (collectively referred to as the Certificate of Registration);

2. The Certificate of Registration shall be implemented according to Form No. 06 prescribed in the Appendix issued together with this Decree;

a) Change of vessel owner;

b) Change of vessel name;

c) Change of technical specifications of the vessel.

Article 15. Cancellation of Vessel Registration

Cancellation of vessel registration shall apply in the following cases:

1. The vessel is missing or destroyed and cannot be restored;

2. At the request of the vessel owner.

Article 16. Name of the Vessel

The name of the vessel shall be self-assigned by the vessel owner and reflected in the registration documents; the name of the vessel shall not be duplicated with the name of vessels already registered in the Register of Vessels.

Article 17. Registration Number and Marking of the Registration Number on the Vessel

1. The registration number of the vessel includes two groups, a letter group and a number group.

a) The letter group consists of letters according to Form 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 vessel is specified as follows:

a) Minimum height of letters and numbers: 50 mm;

b) Minimum width of letter and number strokes: 15 mm;

c) Distance between letters and numbers: 10 mm.

3. The color of the letters and numbers must contrast with the background color where they are marked.

4. Position of marking the registration number on the vessel

a) The registration number of the vessel must be marked at places that are not obstructed on the left side, right side, and front of the cabin of the vessel;

b) In case the vessel has no cabin, it shall be marked on the dry hull sides at both ends of the bow of the vessel;

c) In case the vessel has no 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 place.

Article 18. Contents of the Register of Vehicles

The Register of Vehicles includes the following contents:

1. Serial number, registration number.

2. Name of vehicle, date, month, year 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. Side height, draft.

8. Light displacement, hull material.

9. Number, type, and power of main engines.

10. Gross tonnage, towing capacity, thrust, number of persons permitted to be carried.

11. A color photograph measuring 10 x 15 cm showing the entire right side of the vehicle in its floating state.

The provincial People's Committee organizes and manages vehicle registration; manages vehicles exempted from registration according to this Decree and other relevant laws. Depending on specific conditions and circumstances, the provincial People's Committee may delegate the Department of Transport, the People's Committee of districts, or the People's Committee of communes to carry out vehicle registration and manage vehicles exempted from registration.

Article 20. Initial Vehicle Registration Procedures

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 stipulated in Article 19 of this Decree. The documents include:

a) Application for vehicle registration in accordance with Form No. 09 prescribed in the Appendix attached to this Decree (one copy);

b) Two color photographs measuring 10 x 15 cm showing the entire right side of the vehicle in its floating state;

c) Receipt for payment of stamp duty (original) for vehicles required to pay stamp duty.

a) Valid certificate of technical safety and environmental protection for vehicles subject to inspection;

b) Import permit or declaration form for imported vehicles as prescribed by law;

c) Documents proving ownership of the vehicle: purchase contract or new construction contract for the vehicle or other equivalent documents;

d) Documents proving permission to operate and have a registered office in Vietnam for foreign organizations or documents proving permission to reside in Vietnam for foreign individuals.

3. In cases where the vehicle owner is also the owner of a new construction, conversion, repair, and restoration facility permitted to operate under the law, when registering the vehicle, they are not required to present the documents specified in point c, Clause 2 of this Article.

4. Procedure

b) Within three working days from the date of receipt of valid documents, the vehicle registration authority issues the Certificate of Registration to the vehicle owner; if not issued, it must provide a written response stating the reasons.

Organizations and individuals who need to re-register submit one set of documents directly or send through the postal system or by other appropriate means to the vehicle registration authority as stipulated in Article 19 of this Decree. The documents and processing procedures are as follows:

1. In case of changing the name of the vehicle: Organizations and individuals submit the application for vehicle registration in accordance with Form No. 10 prescribed in the Appendix attached to this Decree, the previously issued Certificate of Registration, and present the valid certificate of technical safety and environmental protection for vehicles subject to inspection.

2. In case of changing technical specifications: Organizations and individuals submit the application for vehicle registration in accordance with Form No. 10 prescribed in the Appendix attached to this Decree, the previously issued Certificate of Registration, receipt or certificate of paid fees (if any), and present the valid certificate of technical safety and environmental protection for vehicles subject to inspection.

3. In case of changing the owner of the vehicle: Organizations and individuals submit the application for vehicle registration in accordance with Form No. 10 prescribed in the Appendix attached to this Decree, the previously issued Certificate of Registration, receipt or certificate of paid fees (if any), and present the documents proving ownership of the vehicle as stipulated in point c, Clause 2 of Article 20 of this Decree, and the valid certificate of technical safety and environmental protection for vehicles subject to inspection.

4. Re-registration procedure: The vehicle registration authority recovers the previously issued Certificate of Registration, destroys it according to regulations for the cases specified in Clauses 1, 2, and 3 of this Article, and reissues the Certificate of Registration in accordance with Clause 4 of Article 20 of this Decree.

5. In cases requiring transfer of vehicle registration to another local vehicle registration authority, the vehicle owner submits an application for transfer, specifying the new registration location and returning the previously issued Certificate of Registration. The vehicle registration authority at the newly requested registration location bases its issuance of a new Certificate of Registration on the vehicle database, maintaining the same registration information as the old Certificate of Registration.

Article 22. Procedures for Reissuing Vehicle Registration Certificates

1. Vehicle registration certificates shall be reissued in cases where they are lost or damaged.

a) In case of loss of the vehicle registration certificate: Organizations and individuals submit an application for reissuance of the vehicle registration certificate according to Form No. 11 prescribed in the Appendix issued together with this Decree, stating the reasons and bearing responsibility for the truthfulness of the reported information. The registration authority bases its issuance on the file and stored data, issuing a new registration certificate with contents remaining unchanged from the previously issued certificate.

b) In case of damage to the vehicle registration certificate: Organizations and individuals submit an application for reissuance of the vehicle registration certificate according to Form No. 11 prescribed in the Appendix issued together with this Decree, and return the previously issued vehicle registration certificate.

3. The vehicle registration authority implements the reissuance of vehicle registration certificates in accordance with Clause 4, Article 20 of this Decree. For the case stipulated in Point b, Clause 2 of this Article, the vehicle registration authority collects and destroys the damaged vehicle registration certificate in accordance with regulations. The new vehicle registration certificate retains the same content as the previously issued certificate.

4. The vehicle registration authority announces on mass media and on the electronic portal of the agency regarding cases of reissuing vehicle registration certificates.

Article 23. Procedures for Cancellation of Vehicle Registration

1. Organizations and individuals directly submit or send through the postal system or by other appropriate means one set of documents to the vehicle registration authority specified in Article 19 of this Decree. The file includes:

a) An application for cancellation of vehicle registration carried out according to Form No. 12 prescribed in the Appendix issued together with this Decree;

b) The original vehicle registration certificate that has been issued.

3. The vehicle registration authority announces on mass media and on the electronic portal of the agency regarding cases of cancellation of vehicle registration.

Chapter V

IMPLEMENTATION

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 reviews and improvements of national technical standards for watercraft used for recreational and entertainment purposes.

Article 25. Responsibilities of the Ministry of Culture, Sports and Tourism

1. Coordinate with the Ministry of Transport to organize and guide the implementation of this Decree.

2. Take the lead and coordinate with the Ministry of Transport and relevant agencies to develop training content and programs, issue certificates for drivers of watercraft, and provide guidance on safety skills for individuals participating in water-based recreational activities.

4. Take the lead and coordinate with relevant agencies to review and improve legal provisions concerning administrative violations in water-based recreational activities.

Article 26. The Ministry of Finance

Take the lead and coordinate with relevant ministries and agencies to establish specific regulations and guidelines on fees and charges for watercraft serving 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, take the lead and coordinate with relevant ministries and agencies to organize inspections and handle violations related to watercraft serving recreational services in border areas as stipulated in this Decree and other relevant laws.

1. Implement state management functions over the operation of watercraft serving recreational purposes according to this Decree and other relevant laws.

2. Manage the activities of watercraft serving recreational purposes that do not require registration or inspection within the local jurisdiction.

Article 29. Effective Date

This Decree takes effect from August 15, 2019.

Article 30. Transitional Provisions

Watercraft operating areas, watercraft drivers, and watercraft serving recreational purposes prior to the effective date of this Decree shall continue operations until December 31, 2021; from January 1, 2022, if they wish to continue operations, they must comply fully 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 provincial and centrally-administered municipal People's Committees, and related organizations and individuals are responsible for implementing this Decree./.