Decree No. 48/2019/ND-CP dated June 5, 2019 on management of operation of vehicles used for underwater amusement

• Official number: 48/2019/ND-CP
• Legislation Type: Decree of Government
• Organization: The Government
• Signer: Nguyen Xuan Phuc
• Issued Date: 05/06/2019

THE GOVERNMENT -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 48/2019/ND-CP	Hanoi, June 5, 2019

DECREE

ON MANAGEMENT OF OPERATION OF VEHICLES USED FOR WATER RECREATION

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

Pursuant to Vietnam Maritime Code dated November 25, 2015;

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004 and the Law on the amendments to the Law on Inland Waterway Traffic dated June 15, 2004;

Pursuant to the Law on Tourism dated June 19, 2017;

At the request of the Minister of Transport and the Minister of Culture, Sports and Tourism;

The Government promulgates a Decree on management of operation of vehicles used for water recreation.

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GENERAL PROVISIONS

Article 1. Scope

1. This Decree sets forth management of operation of vehicles used for water recreation in Vietnam, including: Management of recreational water activities, active zones, vehicles and operators of vehicles used for water recreation.

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

Article 2. Regulated entities

1. This Decree applies to agencies, organizations, and individuals and vehicles relating to recreational water activities in Vietnam.

2. Inland waterway vehicles or seagoing ships serving water recreation shall conform to both laws and regulations on inland waterway traffic or marine and this Decree.

Article 3. Interpretation of terms

For the purposes of this Decree, these terms below shall be construed as follows:

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2. "active zones of water recreation” means bodies of water in which vehicles are permitted to operate within safety boundaries approved or published by competent authorities (hereinafter referred to as active zones).

3. “operators of vehicles used for water recreation” means those who directly control vehicles used for water recreation (hereinafter referred to as operators).

4. “participants of water recreation” means those who are on vehicles but not directly control vehicles, except for stewards (hereinafter referred to as participants).

Chapter II

MANAGEMENT OF RECREATIONAL WATER ACTIVITIES

Article 4. Rules for amusement activities

1. Amusement activities must be organized in an orderly, safe, secured, environmentally responsible and effective manner and contribute to tourism development and socio-economic development.

2. The investment in construction of active zones of water recreation shall conform to national industry plannings and technically-specialized plannings which have been approved. When performing investment projects for construction of active zones of water recreation, investors shall comply with laws and regulations on investment and construction.

3. Providers of amusement services, operators of vehicles and participants shall comply with this Decree and other relevant laws and regulations.

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1. Active zones consist of 2 zones:

a) Zone 1: bodies of water on the inland waterways, seaport waters or maritime zones;

b) Zone 2: bodies of water other than zone 1, marked and located by buoys or pennants with noticeable colors.

2. Time of day suitable for recreational water activities

Based on actual circumstances, the competent authorities prescribed in Clause 1 Article 9 hereof shall decide specified period of time in a day permitted to organize amusement activities in zone 1; the competent authorities prescribed in Clause 1 Article 11 hereof shall decide specified period of time in a day permitted to organize amusement activities in zone 2.

Article 6. Eligibility requirements for vehicles and operators

1. Vehicles shall be registered in accordance with national technical regulations promulgated by the Ministry of Transport and this Decree, except for vehicles registered under laws and regulations on inland waterway traffic or marine.

2. Operators:

a) Operators must be at least 15 years of age and fit for work;

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c) Operators must wear life jackets throughout the duration they participate in amusement activities;

d) Operators not specified in Point b Clause 2 hereof must be provided with safety skill instructions by the service provider before operating any vehicle.

Article 7. Responsibilities of operators of active zones and providers of water recreation services

1. Regularly check safety conditions of equipment and devices.

2. Equip adequate life jackets, life-saving appliances, and fire safety equipment as prescribed.

3. Only organize amusement activities during the period of time as prescribed in Clause 2 Article 5 hereof and have plans for assurance of safety, security, rescue and environment pollution prevention.

4. Provide training and instructions in safety skills for participants.

5. Do not put vehicles into operation in case safety conditions have not been met as per the law.

6. Do not allow operators to control vehicles beyond the active zones as prescribed.

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8. Arrange anchorages or wharfs for vehicles; vehicles used for amusement are only allowed to anchor in specified areas.

9. Place signals as prescribed; if no signal is placed, it is required to place buoys and pennants as follows:

a) Diameter of a buoy is at least 50cm and size of a pennant is at least 50x60cm;

b) The distance between two buoys or two pennants is 10m.

Article 8. Responsibilities of participants

Apart from obligations prescribed in Article 12 of the Law on Tourism, participants must wear life jackets throughout the duration they participate in amusement activities and take personal responsibility for their health issues while taking part in recreational water activities.

Chapter III

MANAGEMENT OF ACTIVE ZONES

Article 9. Approval for recreational water activities in zone 1

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a) On national inland waterways: Vietnam Inland Waterway Administration;

b) On local inland waterways: Departments of Transport;

c) On seaport waters or maritime zones; Vietnam Maritime Administration.

2. Contents of approval for active zones: Scope, area, purposes, operation duration of bodies of water; requirements pertaining to measures to ensure safety, security, rescue and environmental pollution prevention.

Article 10. Procedures for approval for recreational water activities in zone 1

1. Application (01 set, 01 copy for each document)

a) An application form using form No. 01 of Appendix issued herewith;

b) A signal setup location diagram; if the active zone falls under Point a and Point b Clause 1 Article 9 hereof, the signal setup shall be designed in accordance with relevant national technical regulations;

c) A plan for assurance of safety, security, rescue and environment pollution prevention.

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a) The applicant shall send an application to the competent authority prescribed in Clause 1 Article 9 hereof in person, by post or in other appropriate forms;

b) The competent authority prescribed in Clause 1 Article 9 hereof shall receive the application; if the application is not satisfactory, within 2 working days after receiving the application, the competent authority shall guide the applicant to complete the application in accordance with this Decree;

c) Within 5 working days after receiving the satisfactory application, the competent authority prescribed in Clause 1 Article 9 hereof shall consider granting an approval or providing an explanation in writing in case of refusal.

Article 11. Power to reach agreement or announce active zones in zone 2

1. The People’s Committees of provinces and central-affiliated cities (hereinafter referred to as People’s Committees of provinces) shall reach an agreement or announce the opening or closure of zone 2.

2. Before executing an investment project, the People’s Committee of province shall reach an agreement with the investor on location, scope, measures to assure safety, security, rescue and environmental pollution prevention. The investment project shall conform to regulations of law on investment and construction.

Article 12. Procedures for announcement of permissible operation in zone 2

1. An application for announcement of active zone with investment project (01 set, 01 copy for each document) shall consist of:

a) An application form using form No. 02 of Appendix issued herewith;

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c) A certified true copy of decision on approval for project (if any);

d) A plan for assurance of safety, security, rescue and environment pollution prevention;

dd) An as-built drawing of facilities, including nautical charts or maps.

2. An application for announcement of active zones without investment project (01 set, 01 copy for each document) shall consist of:

a) An application form using form No. 02 of Appendix issued herewith;

b) A signal setup location diagram if the active zone is adjacent to zone 1 or a buoy and pennant layout diagram if the active zone is not adjacent to zone 1;

c) A plan for assurance of safety, security, rescue and environment pollution prevention.

3. Procedures

a) The applicant shall send an application to the Department of Transport in person or by post or by other appropriate forms;

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c) Within 5 working days after receiving the application from the Department of Transport, the People’s Committee of province shall consider issuing a decision on announcement using form No. 03 of Appendix issued herewith or providing an explanation in writing in case of refusal.

Article 13. Procedures for announcement of closure of or nonpermissible operation in zone 2

1. Zone 2 shall be closed or have its operation unallowable in the following cases:

a) For national defense and security reasons;

b) Upon any change to national industry plannings and technically-specialized plannings in conjunction with the active zone;

c) The active zone does not conform to conditions for security, safety, environmental pollution prevention in organization of recreational water activities;

d) Entities having active zones no longer need to operate or use them.

2. In case of closure of active zones prescribed in Points a, b and c Clause 1 hereof, the People’s Committee of province shall issue a decision on announcement of closure of active zones upon the request of the Department of Transport.

3. Application and procedures for closure of active zones prescribed in Point d Clause 1 hereof

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b) Within 2 working days after receiving the application, the Department of Transport shall verify application and request the People’s Committee of province to consider issuing a decision on announcement of closure of active zone;

c) Within 2 working days after receiving the request from the Department of Transport, the People’s Committee of province shall issue a decision on announcement of closure of active zone using form No. 05 of Appendix issued herewith.

Chapter IV

VEHICLE REGISTRATION

Article 14. Vehicle registration

1. A vehicle with adequate documents prescribed in this Decree shall be registered in the vehicle registration book by the competent authority and granted a certificate of registration of vehicle used for recreational water activities (hereinafter referred to as vehicle registration certificate).

2. The vehicle registration certificate shall be made as form No. 06 of Appendix issued herewith;

3. A vehicle shall be re-registered in any of following cases:

a) Change in owner of vehicle;

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c) Change in specifications of vehicle.

Article 15. Deregistration of vehicles

A vehicle shall be deregistered in any of following cases:

1. The vehicle is lost or damaged beyond repair.

2. At the request of the vehicle owner.

Article 16. Names of vehicles

The name of a vehicle is given by the vehicle owner and indicated in the application for registration; the name of vehicle must be different from the names of other vehicles registered in the vehicle registration book.

Article 17. Registration number and displaying registration number on vehicles

1. Registration number of vehicle includes 2 groups, letters and numbers.

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b) Group of numbers starts from 01; the group of numbers shall be displayed after group of letters.

2. Size of letters and numbers displayed on vehicles:

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

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

c) Distance between letters and numbers: 10 mm.

3. The color of registered letters and numbers must be different from the background color.

4. Location of registration number on vehicles

a) The registration number of a vehicle shall be displayed in visible places on left side, right side and the front of the vehicle’s cabin.

b) If the vehicle has no cabin, the registration number shall be displayed at load line on both sides of the vehicle’s bow;

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Article 18. Details of vehicle registration book

The vehicle registration book shall comprise details below:

1. Ordinal number, registration number.

2. Name of vehicle, date of issue of certificate of registration.

3. Name and address of vehicle owner.

4. Uses, year of manufacture, place/country of manufacture.

5. Waterplane length, length over all.

6. Breadth moulded, breadth over all.

7. Free board, draft.

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9. Quantity, type and capacity of main engines.

10. Gross deadweight, pulling and pushing forces, maximum seating capacity.

11. Color photo of the whole right side of the vehicle which is floating, 10x15 cm size.

Article 19. Vehicle registration authorities

The People’s Committee of province shall grant and manage vehicle registration; manage vehicles exempt from registration as prescribed in this Decree and other relevant laws and regulations. According to specific conditions and circumstances, the People’s Committee of province shall assign and decentralized the Department of Transport, the People’s Committees of districts and the People’s Committees of communes to grant and manage vehicles registration and manage vehicles exempt from registration.

Article 20. Procedures for initial registration of vehicles

The applicant shall send an application to the vehicle registration authority prescribed in Article 19 hereof in person, by post or in other appropriate forms. The application includes:

1. Documents to be submitted, including:

a) An application form for vehicle registration using form No. 09 of Appendix issued herewith;

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c) An invoice of registration fee (original) for the vehicle subject to registration fee.

2. Documents to be presented, including originals of:

a) A certificate of technical safety and environmental protection of the vehicle which remains valid if the vehicle is subject to registration;

b) A license or declaration of imported vehicle as per the law if the vehicle is imported;

c) Proof of vehicle ownership: a sales contract or contract for vehicle building or other equivalent documents;

d) Proof of permission for foreign organization to operate and base the headquarters in Vietnam or permission for foreign individual to reside in Vietnam.

3. If the vehicle owner is also the owner of a facility building, conversing, repairing and restoring vehicle whose operation is permitted as per the law, the owner is not required to present documents prescribed in Point c Clause 2 hereof when registering the vehicle.

4. Procedures

a) The vehicle registration authority shall receive and verify the application, if the application is unsatisfactory, the authority shall guide the applicant to complete the application as prescribed in this Decree;

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Article 21. Procedures for re-registration of vehicles

The applicant shall send an application to the vehicle registration authority prescribed in Article 19 hereof in person, by post or in other appropriate forms. Application and procedures:

1. In case of change to name of vehicle: The applicant shall submit an application form for vehicle registration using form No. 10 of Appendix issued herewith, the issued certificate of vehicle registration and present the certificate of technical safety and environment protection of vehicle subject to registration which remains valid.

2. In case of change to specifications: The applicant shall submit an application form for vehicle registration using form No. 10 of Appendix issued herewith, the issued certificate of vehicle registration, receipt or proof of fee payment (if any); and present the certificate of technical safety and environment protection of vehicle subject to registration which remains valid.

3. In case of change to vehicle owner: The applicant shall submit an application form for vehicle registration using form No. 10 of Appendix issued herewith, the issued certificate of vehicle registration, receipt or proof of fee payment (if any); and present the proof of vehicle ownership prescribed in Point c Clause 2 Article 20 hereof and certificate of technical safety and environment protection of vehicle subject to registration which remains valid.

4. Procedures for re-registration: The vehicle registration authority shall revoke the issued certificate of vehicle registration and destroy it as prescribed in Clauses 1, 2 and 3 hereof and reissue another certificate of vehicle registration as prescribed in Clause 4 Article 20 hereof.

5. If the vehicle owner wishes to transfer vehicle registration to another vehicle registration authority, the vehicle owner shall submit an application form for change of vehicle registration authority, specify name of new vehicle registration authority and return the issued certificate of vehicle registration.

The above-mentioned vehicle registration authority shall, based on the database about the vehicle, issue a new certificate of vehicle registration as the same as the old certificate to the vehicle owner.

Article 22. Procedures for reissuance of certificate of vehicle registration

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2. Required documents

a) In case of loss: The applicant shall submit an application form for reissuance of certificate of vehicle registration using form No. 11 of Appendix issued herewith, specifying reasons and declaration to take responsibility for accuracy of the provided information.

The vehicle registration authority shall, based on the database about the vehicle, reissue a certificate of vehicle registration as the same as the old certificate.

b) In case of damage: The applicant shall submit an application form for reissuance of certificate of vehicle registration using form No. 11 of Appendix issued herewith and return the old certificate of vehicle registration.

3. The vehicle registration authority shall reissue the certificate of vehicle registration as prescribed in Clause 4 Article 20 hereof.

In case of Point b Clause 2 hereof, the vehicle registration authority shall revoke and destroy the damaged certificate of vehicle registration as prescribed. The content of the new certificate of vehicle registration shall be the same as the content of the old certificate of vehicle registration.

4. The vehicle registration authority shall publish reissued certificates of vehicle registration on means of mass media and on its website.

Article 23. Procedures for deregistration of vehicles

1. The applicant shall send an application to the vehicle registration authority prescribed in Article 19 hereof in person, by post or in other appropriate forms. The application shall include:

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b) An original of the old certificate of vehicle registration.

2. The vehicle registration authority shall receive and verify the application, if the application is unsatisfactory, the authority shall guide the applicant to complete the application as prescribed in this Decree.

Within 2 working days after receiving the satisfactory application, the vehicle registration authority shall consider issuing a certificate of vehicle deregistration to the vehicle owner using form No. 07 of Appendix issued herewith or providing an explanation in writing in case of refusal.

3. The vehicle registration authority shall publish cases of vehicle deregistration on means of mass media and on its website.

Chapter V

IMPLEMENTATION

Article 24. Responsibilities of the Ministry of Transport

1. Take charge and cooperate with People’s Committees of provinces and relevant agencies in organizing and providing guidelines for implementation of this Decree.

2. Review and improve national technical regulations on vehicles used for water recreation.

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4. Take charge and cooperate with People’s Committees of provinces and relevant agencies in building and putting into use database on management of operation of vehicles used for water recreation.

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

1. Cooperate with the Ministry of Transport in organizing and providing guidelines for this Decree.

2. Take charge and cooperate with the Ministry of Transport and relevant agencies in formulating training programs and issuing vehicle operator’s licenses; instructions for safety skills for participants of recreational water activities.

3. Take charge and cooperate with the People’s Committees of provinces and central-affiliated cities in reviewing and improving regulations and laws on recreational water activities in Vietnam.

4. Take charge and cooperate with relevant agencies in reviewing and improving regulations and laws on actions against administrative violations in recreational water activities.

Article 26. The Ministry of Finance

Take charge and cooperate with relevant ministries in formulating regulations on fees and charges for operation of vehicles used for water recreation.

Article 27. Responsibilities of the Ministry of National Defense, the Ministry of Public Security

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Article 28. Responsibilities of the People’s Committees of provinces and central-affiliated cities

1. Perform state management of operation of vehicles used for water recreation as prescribed in this Decree and relevant law provisions.

2. Manage operation of vehicles used for water recreation not subject to registration within the provinces.

Article 29. Entry in force

This Decree comes into force as of August 15, 2019.

Article 30. Transitional regulations

Active zones, operators and vehicles that have been serving water recreation before effective date of this Decree shall keep their services until December 31, 2021; from January 1, 2022, they must comply with this Decree for continuous operation.

Article 31. Implementation

Ministries, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of People’s Committees of provinces and central-affiliated cities, and relevant entities shall implement this Decree./.

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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Xuan Phuc