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GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 19/2024/ND-CP
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Hanoi, February 23, 2024
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DECREE
AMENDMENTS TO DECREE NO. 48/2019/ND-CP DATED JUNE 5, 2019
OF THE GOVERNMENT OF VIETNAM ON MANAGEMENT OF VEHICLES USED FOR WATER
RECREATION
Pursuant
to the Law on Organization of the Government of Vietnam dated June 19, 2015;
the Law on Amendments to the Law on Organization of the Government of Vietnam
and the Law on Organization of the Local Government of Vietnam dated November
22, 2019;
Pursuant
to the Vietnam Maritime Code dated November 25, 2015;
Pursuant
to the Law on Inland Waterway Transport dated June 15, 2004; the Law on
amendments to the Law on Inland Waterway Transport dated June 17, 2014;
Pursuant
to the Law on Tourism dated June 19, 2017;
Pursuant
to the Vietnam Border Guard Law dated November 11, 2020;
At
the request of the Minister of Transport of Vietnam and the Minister of
Culture, Sports and Tourism of Vietnam;
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Article
1. Amendments to Decree No. 48/2019/ND-CP dated June 5, 2019 of the Government
of Vietnam on management of vehicles used for water recreation:
1. Amendments to
Clause 1 Article 9:
“1.
Departments of Transport shall approve recreational water activities in zone
1.”.
2. Amendments to
Article 10:
“Article
10. Procedures for approval for recreational water activities in zone 1
1.
Application (1 set, 1 copy for each document)
a)
Original copy or electronic copy of an application using form No. 01 in the
Appendix enclosed herewith;
b)
Original copy or electronic copy of a signal setup location diagram or buoy and
pennant setup location diagram;
c)
Original copy or electronic copy of a scheme for assurance of safety, security,
rescue, and environmental pollution prevention.
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a)
The applicant shall send an application in person or through postal services or
online public service systems to a Department of Transport;
b)
The Department of Transport shall receive the application; if the application
is invalid, within 1 working day after receiving the application, the
Department of Transport shall guide the applicant to complete the application
in accordance with this Decree;
c)
Within 2 working days after receiving the valid application, the Department of
Transport shall send a document (enclosed with a copy of the application
prescribed in Clause 1 of this Article) to a regional Inland Waterway
Sub-Department if the related zone of recreational water activities is located
on a national inland waterway or a regional Port Authority if the related zone
of recreational water activities is located in seaport waters or a maritime
area for suggestions;
d)
Within 2 working days after receiving the suggestion collection document, the
regional Inland Waterway Sub-Department or regional Port Authority shall
provide answers in writing. After the prescribed time limit, if written
responses are sent, it is considered that the regional Inland Waterway Sub-Department
or regional Port Authority agrees on the approval for recreational water
activities in zone 1 according to the request of the applicant;
dd)
Within 2 working days after receiving the written response from the regional
Inland Waterway Sub-Department or regional Port Authority or from the end of
the prescribed time limit for suggestion collection, the Department of
Transport shall issue an approval document. In case of disapproval, the
Department of Transport shall answer and explain in writing.".
3. Amendments to
Article 11:
“Article
11. Competence in reaching agreements or announcing operational zones in zone 2
1.
People’s Committees of districts, district-level towns, district-level cities,
and district-level cities (hereinafter referred to as “district-level People’s
Committees”) shall reach agreements or announce the opening or closure of
operational zones in zone 2.
2.
Before implementing investment construction projects, investors shall contact
district-level People’s Committees to reach agreements on the location, scale,
and measures to ensure security, safety, rescue, and environmental pollution
prevention. Investment in projects shall comply with investment and
construction laws.”.
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“Article
12. Procedures for announcing the opening of or licensing operations in zone 2
1. An
application for announcement of an operational zone with investment projects (1
set, 1 copy for each document), includes:
a)
Original copy or electronic copy of an application using form No. 02 in the
Appendix enclosed herewith;
b)
Original copy or electronic copy of a signal setup location diagram if the
operational zone is adjacent to zone one or a buoy and pennant layout diagram
if the operational zone is not adjacent to zone 1;
c)
Certified copy or electronic copy of a project approval decision (if any);
d)
Original copy or electronic copy of a scheme for assurance of security, safety,
rescue, and environmental pollution prevention;
dd)
Original copy or electronic copy of an as-built drawing, including nautical
charts or maps.
2. An
application for announcement of an operational zone without investment projects
(1 set, 1 copy for each document), includes:
a)
Original copy or electronic copy of an application using form No. 02 in the
Appendix enclosed herewith;
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c)
Original copy or electronic copy of a scheme for assurance of safety, security,
rescue, and environmental pollution prevention.
3.
Procedures
a)
The applicant shall send an application in person or through postal services or
online public service systems to a district-level People’s Committee;
b)
The district-level People’s Committee shall receive the application; if the
application is invalid, within 2 working days after receiving the application,
the district-level People’s Committee shall guide the applicant to complete the
application in accordance with this Decree;
c)
Within 5 working days after receiving the valid application, the district-level
People’s Committee shall issue a decision to announce or license the operations
following Form No. 03 in the Appendix enclosed hereof. In case of refusing to
process the application, the district-level People’s Committee shall answer and
explain in writing.”.
5. Amendments to
Clause 2 and Clause 3 of Article 13:
“2.
In case of closing or forbidding operations in zone 2 according to Points a, b,
and c Clause 1 of this Article, the district-level People’s Committee shall
issue a decision to close or forbid operations in zone 2.
3.
Applications and procedures for closure of operational zones regarding Point d
Clause 1 of this Article
a)
The applicant shall send an original copy or electronic copy of an application
following Form No. 04 in the Appendix enclosed hereof in person or through
postal services or online public service systems to the district-level People's
Committee;
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6. Clause 4 is added
to Article 14:
"4.
Non-motorized vehicles with a capacity of no more than 5 people are exempted
from registration.”.
7. Amendments to
Article 19:
“Article
19. Vehicle registration authorities
District-level
People's Committees shall implement and manage the registration and management
of vehicles used for water recreation subject to registration according to this
Decree and relevant laws.
Commune-level
People’s Committees shall manage vehicles used for water recreation exempted
from registration.”
8.
Amendments to Article 20:
a)
Amendments to Clause 1:
“1.
Required documents:
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b) A
registration fee payment receipt (original or electronic copy) regarding
vehicles subject to registration fees.”.
b)
Amendments to Clause 2:
“2.
Documents to be presented during application submission, including original
copies of:”
c)
Amendments to Point a Clause 4:
“a)
The vehicle registration authority shall receive and inspect the application.
If the application is invalid, within 1 working day after receiving the
application, the vehicle inspection authority shall guide the applicant to
complete the application in accordance with this Decree;”.
9. Amendments to
Article 21:
“The
applicant shall send an application in person or through postal services or
online public service systems to the vehicle registration authority prescribed
in Article 19 of this Decree. Applications and procedures are as follows:”
10. Amendments to
Clause 2 Article 22:
“2.
The applicant shall send an application in person or through postal services or
other appropriate methods to the vehicle registration authority prescribed in
Article 19 of this Decree. The application includes:
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The
vehicle registration authority shall, based on the archived data and
documentation, re-issue a registration certificate with the same contents as
the old certificate.
b) In
case the registration certificate is damaged: the applicant shall submit an
application for the re-issuance of the vehicle registration certificate
following Form No. 11 in the Appendix enclosed herewith and return the old
vehicle registration certificate.”.
11. Amendments to
Clause 2 Article 23:
“2.
The vehicle registration authority shall receive and inspect the application.
If the application is invalid, within 1 working day after receiving the
application, the vehicle inspection authority shall guide the applicant to
complete the application in accordance with this Decree.
Within
2 working days after receiving the valid application, the vehicle registration
authority shall issue a vehicle deregistration certificate to the vehicle owner
following Form No. 07 in the Appendix enclosed herewith. In case of refusing to
issue the certificate, the vehicle registration authority shall answer and
explain in writing.".
12.
Amendments to Clause 3 and Clause 4 Article 24:
a)
Amendments to Clause 3:
“3.
Direct the Vietnam Inland Waterways Administration and the Vietnam Maritime
Administration to cooperate with Departments of Transport and district-level
People’s Committees in announcing restricted zones and water zones in which
vehicles used for water recreation are permitted.”.
b)
Amendments to Clause 4:
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13. Amendments to
Clause 3 Article 25:
“3.
Direct Departments of Culture, Sports and Tourism to take charge and cooperate
with Departments of Transport, district-level People’s Committees, and relevant
agencies and units in reviewing and completing recreational water activity laws
in Vietnam.”.
14. Amendments to
Article 28:
“Article
28. Responsibilities of People’s Committees of provinces and centrally
affiliated cities
1.
Carry out the state management of vehicles used for water recreation as
prescribed in this Decree and relevant laws.
2.
Direct district-level People's Committees to:
a)
Manage the registration of vehicles used for water recreation;
b)
Inspect and supervise commune-level People’s Committees regarding the
management of vehicles exempted from registration under their management
according to this Decree and relevant laws;
c)
Manage recreational water activities in zone 2 under their management.
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15. Forms No. 03, 05,
06, 10, 11, and 12 prescribed in Decree No. 48/2019/ND-CP dated June 5, 2019 of
the Government of Vietnam are respectively replaced with Forms No. 01, 02, 03,
04, 05, and 06 enclosed herewith.
Article
2. Transitional provisions
1.
Zones of recreational water activities approved for operations in zone 1 by
competent state authorities before the effective date of this Decree shall
continue to operate according to the time limit written in approval documents.
2.
Zones of recreational water activities whose opening is announced or licensed
for operations in zone 2 by competent state authorities before the effective
date of this Decree shall continue to operate according to the time limit
prescribed in decisions to announce the opening or license the operations.
3. In
case applications for settlement of administrative procedures concerning
recreational water activities (approving recreational water activities in zone
1; announcing the opening of or licensing operations in zone 2; closing or
forbidding operations in zone 2; registering vehicles for the first time;
re-registering vehicles; re-issuing vehicle registration certificates;
deregistering vehicles) are submitted to competent authorities as per
regulation before the effective date of this Decree, they shall continue to be
assessed and processed according to Decree No. 48/2019/ND-CP dated June 5, 2019
of the Government of Vietnam.
4.
From the effective date of this Decree, if Departments of Transport have yet to
carry out the tasks prescribed in Clause 1 Article 1 of this Decree, they shall
request the Vietnam Inland Waterways Administration or the Vietnam Maritime
Administration to continue the implementation in writing. From January 1, 2025,
Departments of Transport shall approve recreational water activities in zone 1
under Clause 1 Article 1 of this Decree.
5.
From the effective date of this Decree, if district-level People’s Committees
have yet to carry out the tasks prescribed in Clause 3 and Clause 4 Article 1
of this Decree, they shall request People’s Committees of provinces or
Departments of Transport to continue the implementation. From January 1, 2025,
district-level People’s Committees shall reach agreements, announce the opening
or closure of zone 2, and close or forbid operations in zone 2 under Clause 3
and Clause 4 Article 1 of this Decree.
Article
3. Entry into force
1.
This Decree comes into force as of April 10, 2024.
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ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Hong Ha