THE
GOVERNMENT
-------
|
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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|
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