Decree No. 48/2019/ND-CP management of vehicles for water-based leisure and entertainment activities

DECREE

Prescribing the management of vehicles for water-based leisure and entertainment activities^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

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

Pursuant to the June 15, 2004 Law on Inland Waterway Navigation, and the Law Amending and Supplementing a Number of Articles of the Law on Inland Waterway Navigation;

Pursuant to the June 19, 2017 Law on Tourism;

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

The Government promulgates the Decree prescribing the management of vehicles for water-based leisure and entertainment activities.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree prescribes the management of vehicles for water-based leisure and entertainment activities in Vietnam, covering the management of water-based leisure and entertainment activities, areas and vehicles for these activities, and vehicles operators.

2. This Decree does not apply to traditional festivals and diving/snorkeling activities.

Article 2. Subjects of application

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

2. When used for water-based leisure and entertainment activities, inland waterway vessels or seagoing ships must comply with this Decree in addition to complying with the law on inland waterway navigation or maritime law.

Article 2. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Vehicles for water-based leisure and entertainment activities means ships, boats or other floating structures used to serve water-based leisure and entertainment activities with a carrying capacity of up to 5 people and operating in areas approved or announced by a competent state agency (below collectively referred to as vehicles).

2. Area for water-based leisure and entertainment activities means a water area where vehicles are permitted to operate within safety boundaries approved or announced by a competent state agency.

3. Operator of a vehicle for water-based leisure and entertainment activities means a person directly operating such vehicle.

4. Participant in water-based leisure and entertainment activities means a person on board a vehicle for water-based leisure and entertainment activities but not directly operating such vehicle, except attendants on board such vehicle.

Chapter II

MANAGEMENT OF WATER-BASED LEISURE AND ENTERTAINMENT ACTIVITIES

Article 4. Principles of leisure and entertainment activities

1. Leisure and entertainment activities must ensure order, safety, security, environmental protection and economic efficiency, and contribute to the tourism and socio-economic development.

2. The building of areas for water-based leisure and entertainment activities must conform to the approved national sectoral master plans and technically specialized master plans. Owners of investment projects on building of areas for water-based leisure and entertainment activities shall comply with the investment law and construction law.

3. Leisure and entertainment service providers, operators of vehicles for water-based leisure and entertainment activities and participants in water-based leisure and entertainment activities shall comply with this Decree and other relevant regulations.

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