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.

Article 5.Areas for water-based leisure and entertainment activities

1. Areas for water-based leisure and entertainment activities are divided into areas of two categories:

a/ Category-1 areas, which mean water areas on inland waterway routes, seaport waters or maritime zones;

b/ Category-2 areas, which mean water areas other than category-1 areas marked or positioned with buoys or signal flags of conspicuous colors.

2. Time for organizing water-based leisure and entertainment activities

Based on practical conditions, a competent agency defined in Clause 1, Article 9 of this Decree shall decide on daily time when water-based leisure and entertainment activities are allowed to be organized in category-1 areas; a competent agency defined in Clause 1, Article 11 of this Decree shall decide on daily time when water-based leisure and entertainment activities are allowed to be organized in category-2 areas.

Article 6.Conditions for vehicles and vehicle operators when participating in water-based leisure and entertainment activities

1. Vehicles for water-based leisure and entertainment activities must be inspected under the relevant national technical regulation promulgated by the Minister of Transport and registered under this Decree, except those registered in accordance with the law on inland waterway navigation or maritime law.

2. For operators of vehicles for water-based leisure and entertainment activities

a/ Operators of vehicles for water-based leisure and entertainment activities must be aged at least full 15 years and physically fit;

b/ Operators of vehicles with a total main engine capacity of over 5 HP must possess an operator license as prescribed;

c/ Operators shall wear life vests throughout the period of participating in water-based leisure and entertainment activities;

d/ Operators other than those specified at Point b, Clause 2 of this Article must be provided with safety instructions by service providers before operating vehicles for water-based leisure and entertainment activities.

Article 7.Responsibilities of organizations and individuals commercially operating and providing services in areas for water-based leisure and entertainment activities

1. To regularly inspect safety conditions of vehicles and equipment.

2. To provide sufficient life vests, rescue equipment, and fire prevention and fighting devices under regulations.

3. To organize water-based leisure and entertainment activities only in the period of time prescribed in Clause 2, Article 5 of this Decree and have plans to ensure security, safety, salvage and rescue and prevent environmental pollution.

4. To provide safety skill training and instructions to participants in water-based leisure and entertainment activities.

5. To refrain from putting vehicles into operation which fail to meet the prescribed safety conditions.

6. To forbid operators of vehicles for water-based leisure and entertainment activities to operate such vehicles out of prescribed areas for these activities.

7. To give warnings about and instructions on climate, weather conditions, health and related factors upon providing services and recommendations about persons not allowed to participate in water-based leisure and entertainment activities.

8. To allot moorage or anchorage places for vehicles for water-based leisure and entertainment activities.

9. To put up navigation signs under regulations. In case of putting up no navigation signs, to put up buoys and signal flags as follows:

a/ The diameter of buoys must be at least 50 cm, and dimensions of signal flags must be 50 cm x 60 cm;

b/ The distance between two adjacent buoys or signal flags must be 10 m.

Article 8.Responsibilities of participants in water-based leisure and entertainment activities

In addition to performing the obligations prescribed in Article 12 of the Law on Tourism, participants in water-based leisure and entertainment activities shall wear life vests and take responsibility for their own health conditions.

Chapter III

MANAGEMENT OF AREAS FOR WATER-BASED LEISURE AND ENTERTAINMENT ACTIVITIES

Article 9.Approval of water-based leisure and entertainment activities in category-1 areas

1. Competence to approve water-based leisure and entertainment activities in category-1 areas

a/ On national inland waterway routes: the Vietnam Inland Waterways Administration;

b/ On local inland waterway routes: provincial-level Departments of Transport;

c/ In seaport waters or maritime zones: the Vietnam Maritime Administration.

2. Contents of approval of an area for water-based leisure and entertainment activities include the size, acreage, use purpose and duration of the area, requirements on measures to ensure security, safety, salvage and rescue and prevent environmental pollution.

Article 10.Procedures for approving water-based leisure and entertainment activities in category-1 areas

1. Dossier (one set, one copy of each document)

a/ A written request for approval, made according to Form No. 01 provided in the Appendix to this Decree;

b/ A diagram of positions where signs are put up. For an area specified at Point a or b, Clause 1, Article 9 of this Decree, signs must be designed under the relevant national technical regulation;

c/ A plan to ensure security, safety, salvage and rescue and prevent environmental pollution.

2. Procedures

a/ A requester shall send directly or by post or in another appropriate form one set of dossier to the competent state agency defined in Clause 1, Article 9 of this Decree;

b/ The competent state agency defined in Clause 1, Article 9 of this Decree shall receive the dossier. If the dossier is invalid, within 2 working days after receiving it, this agency shall guide the requester to complete the dossier under this Decree;

c/ Within 5 working days after receiving a valid dossier, the competent state agency defined in Clause 1, Article 9 of this Decree shall issue a written approval. In case of disapproval, it shall reply in writing, clearly stating the reason.

Article 11.Competence to reach agreement on and announce category-2 areas for water-based leisure and entertainment activities

1. People’s Committees of provinces and centrally run cities (below collectively referred to as provincial-level People’s Committees) shall reach agreement on and announce the opening and closure of category-2 areas.

2. Before an investment project is implemented in category-2 area, a provincial-level People’s Committee shall reach agreement with the project owner on the project location and size and measures to ensure security, safety, salvage and rescue and prevent environmental pollution. The project implementation must comply with the investment law and construction law.

Article 12.Procedures for announcing the opening of, and permitting water-based leisure and entertainment activities in, category-2 areas

1. A dossier for announcement of an area for water-based leisure and entertainment activities where an investment project is implemented (one set, one copy of each document) must comprise:

a/ A written request, made according to Form No. 02 provided in the Appendix to this Decree;

b/ A diagram of positions where signs are put up in case the area for water-based leisure and entertainment activities is adjacent to category-1 areas, or a diagram of positions of buoys and signal flags in case the area for water-based leisure and entertainment activities is not adjacent to category-1 areas;

c/ A certified copy of the decision approving the project (if any);

d/ A plan to ensure security, safety, salvage and rescue and prevent environmental pollution;

dd/ Work completion drawings, including nautical charts or location maps.

2. A dossier for announcement of an area for water-based leisure and entertainment activities where no investment project is implemented (one set, one copy of each document) must comprise:

a/ A written request, made according to Form No. 02 provided in the Appendix to this Decree;

b/ A diagram of positions where signs are put up in case the area for water-based leisure and entertainment activities is adjacent to category-1 areas, or a diagram of positions of buoys and signal flags in case the area for water-based leisure and entertainment activities is not adjacent to category-1 areas;

c/ A plan to ensure security, safety, salvage and rescue and prevent environmental pollution.

3. Procedures

a/ A requester shall send directly or by post or in another appropriate form one set of dossier to the provincial-level Department of Transport;

b/ Within 5 working days after receiving a valid dossier, the provincial-level Department of Transport shall report dossier appraisal results to the provincial-level People’s Committee for consideration and announcement of the opening of an area. In case the dossier is invalid, within 2 working days after receiving it, the provincial-level Department of Transport shall guide the requester to complete the dossier under this Decree;

c/ Within 5 working days after receiving the dossier from the provincial-level Department of Transport, the provincial-level People’s Committee shall issue an announcement decision, made according to Form No. 03 provided in the Appendix to this Decree. In case of refusal to announce the opening of the area, it shall reply in writing, clearly stating the reason.

Article 13.Procedures for closing, and permitting no water leisure and entertainment activities in, category-2 areas

1. A category-2 area shall be closed with no water-based leisure and entertainment activities permitted in the following cases:

a/ For a national defense or security reason;

b/ There is a change in a national sectoral master plan and technically specialized master plans related to the area;

c/ The area fails to satisfy security, safety and environmental pollution prevention conditions for organizing water-based leisure and entertainment activities;

d/ The related agency, organization or individual no longer needs to operate or use the area.

2. In case of closure of an area for water-based leisure and entertainment activities under Point a, b or c, Clause 1 of this Article, the provincial-level People’s Committee shall issue a decision to announce its closure at the request of the provincial-level Department of Transport.

3. Dossier and procedures for closing an area for water-based leisure and entertainment activities in the case specified at Point d, Clause 1 of this Article

a/ The  requester shall send directly or by post or in another appropriate form to the provincial-level Department of Transport a written request made according to Form No. 04 provided in the Appendix to this Decree;

b/ Within 2 working days after receiving the request, the provincial-level Department of Transport shall check information and send a report to the provincial-level People’s Committee for consideration and announcement of closure of the area;

c/ Within 2 working days after receiving the report from the provincial-level Department of Transport, the provincial-level People’s Committee shall issue a decision to announce the closure of the area, made according to Form No. 05 provided in the Appendix to this Decree.

Chapter IV

REGISTRATION OF VEHICLES

Article 14.Registration of vehicles

1. Vehicles for water-based leisure and entertainment activities accompanied with complete dossiers under this Decree may be registered by a competent agency in the register of vehicles and granted vehicle registration certificate.

2. A vehicle registration certificate shall be made according to Form No. 06 provided in the Appendix to this Decree.

3. A vehicle for water-based leisure and entertainment activities shall be re-registered in the following cases:

a/ Change of its owner;

b/ Change of its name;

c/ Change in its technical parameters.

Article 15.Deregistration of vehicles

Deregistration of a vehicle shall be made in the following cases:

1. The vehicle is missing or irreparably destroyed.

2. The vehicle owner so requests.

Article 16.Names of vehicles

The name of a vehicle shall be given by its owner and stated in its registration dossier and must not be identical to that of another vehicle already registered in the register of vehicles.

Article 17.Registration numbers and painting of registration numbers on vehicles

1. The registration number of a vehicle consists of two groups: a group of characters and a group of numbers.

a/ The group of characters includes characters arranged according to Form No. 08 provided in the Appendix to this Decree;

b/ The group of numbers starts from 01 and follows the group of characters.

2. Dimensions of characters and numbers to be painted on vehicles are as follows:

a/ Minimum height of characters and numbers: 50 mm;

b/ Minimum width of characters and numbers: 15 mm;

c/ Spacing between characters and numbers: 10 mm.

3. Color(s) of characters and registration numbers must be different from the background color.

4. Positions where registration numbers of vehicles may be painted

a/ The registration number of a vehicle shall be painted in an unhidden position on the left, right and front sides of the cabin of the vehicle;

b/ For a vehicle having no cabin, its registration number shall be painted on the freeboard along both sides of the bow of the vehicle;

c/ In case the height of the freeboard of a vehicle having no cabin is not enough for painting its registration number, such registration number may be downsized for being painted on an easy-to-spot position.

Article 18.Contents of the register of vehicles

The register of vehicles must have the following contents:

1. Ordinal numbers and registration numbers.

2. Names of vehicles, date of grant of registration certificates.

3. Names and addresses of vehicle owners.

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

5. Design length and maximum length.

6. Design width and maximum width.

7. Board height and draught.

8. Freeboard and hull material.

9. Number, type and capacity of main engine(s).

10. Gross load, towing and propulsive capacity, and maximum number of persons to be carried.

11. Color photos sized 10 cm x 15 cm of the whole right side of the vehicle afloat.

Article 19.Agencies carrying out the registration of vehicles

Provincial-level People’s Committees shall organize and manage the registration of vehicles, and manage vehicles exempt from registration under this Decree and other relevant regulations. Based on practical conditions, provincial-level People’s Committees may assign or authorize provincial-level Departments of Transport, or district-or commune-level People’s Committees to carry out the registration of vehicles and manage those exempt from registration.

Article 20.Procedures for first-time registration of vehicles

An organization or individual shall submit directly or by post or in an appropriate form one set of dossier to the agency carrying out the registration of vehicles specified in Article 19 of this Decree. Such a dossier must comprise:

1. Documents to be submitted, including:

a/ A written request for registration of a vehicle (one copy), made according to Form No. 09 provided in the Appendix to this Decree;

b/ Two color photos sized 10 cm x 15 cm of the whole right side of the vehicle afloat;

c/ Receipt of registration fee (the original), for vehicles liable to registration fee.

2. Documents to be produced, including originals of:

a/ Valid certificate of technical safety and environmental protection of the vehicle, for vehicles subject to inspection;

b/ Import permit or declaration of the imported vehicle as prescribed by law, for imported vehicles;

c/ Document of title of the vehicle: vehicle purchase and sale contract or building contract or another document of equivalent validity;

d/ Document proving that the requester is licensed to operate and located in Vietnam, for foreign organizations, or document proving that the requester is permitted to reside in Vietnam, for foreign individuals.

3. In case the owner of a vehicle is concurrently the owner of the establishment building, converting, repairing or restoring vehicles licensed for operation in accordance with law, upon the registration of the vehicle, the document specified at Point c, Clause 2 of this Article is not required.

4. Procedures

a/ The agency carrying out the registration of vehicles shall receive and examine a dossier. If the dossier is invalid, it shall guide the requester to complete the dossier under this Decree;

b/ Within 3 working days after receiving a valid dossier, the agency carrying out the registration of vehicles shall grant a vehicle registration certificate to the vehicle owner. In case of refusal to grant a certificate, it shall reply in writing, clearly stating the reason.

Article 21.Procedures for re-registration of vehicles

An organization or individual that wishes to have its/his/her vehicle re-registered shall send one set of dossier directly or by post or in an appropriate form to an agency carrying out the registration of vehicles specified in Article 19 of this Decree, and shall:

1. In case of renaming of the vehicle: submit a written request for registration of the vehicle, made according to Form No. 10 provided in the Appendix to this Decree, and the granted registration certificate; and produce the vehicle’s valid certificate of technical safety and environmental protection, for vehicles subject to inspection.

2. In case of a change in technical parameters: submit a written request for registration of the vehicle, made according to Form No. 10 provided in the Appendix to this Decree, the granted registration certificate and receipt or certification of payment of the prescribed fee or charge (if any); and produce the vehicle’s valid certificate of technical safety and environmental protection, for vehicles subject to inspection.

3. In case of change of the vehicle owner: submit a written request for registration of the vehicle, made according to Form No. 10 provided in the Appendix to this Decree, the granted registration certificate and receipt or certification of payment of the prescribed fee or charge (if any); and produce the document of title of the vehicle as specified at Point c, Clause 2, Article 20 of this Decree and the vehicle’s valid certificate of technical safety and environmental protection, for vehicles subject to inspection.

4. Procedures for re-registration of a vehicle: An agency having carried out the registration of the vehicle shall revoke and destroy the granted registration certificate of the vehicle under Clause 1, 2 or 3 of this Article and re-grant a registration certificate under Clause 4, Article 20 of this Decree.

5. In case of necessity to transfer the registration of a vehicle to a vehicle registration agency of another locality, the vehicle owner shall submit a request for change of the agency carrying out the registration, clearly stating the new agency carrying out the registration and return the granted registration certificate.

The new agency requested by the vehicle owner to carry out the registration of the vehicle shall base itself on the data on the vehicle to grant a new registration certificate with the same contents as those of the granted registration certificate.

Article 22.Procedures for re-grant of vehicle registration certificates

1. A vehicle registration certificate may be re-granted in case it is lost or damaged.

2. Documents to be submitted

a/ In case of loss of a registration certificate: The organization or individual shall submit a written request for re-grant of the certificate, made according to Form No. 11 provided in the Appendix to this Decree, clearly stating the reason for re-grant and committing to taking responsibility for the truthfulness of the declared contents.

An agency carrying out the registration shall base itself on archived dossier and documents to re-grant the registration certificate with the same contents as those of the granted certificate.

b/ In case of damage of a registration certificate: The organization or individual shall submit a written request for re-grant of the certificate, made according to Form No. 11 provided in the Appendix to this Decree, and return the damaged certificate.

3. Agencies carrying out the registration of vehicles shall re-grant vehicle registration certificates under Clause 4, Article 20 of this Decree.

For the case specified at Point b, Clause 2 of this Article, an agency carrying out the registration of vehicles shall revoke and destroy damaged vehicle registration certificates under regulations. Contents of new vehicle registration certificates are the same as those of the granted ones.

4. Agencies carrying out the registration of vehicles shall publicize in the mass media and on their portals cases of re-grant of vehicle registration certificates.

Article 23.Procedures for deregistration of vehicles

1. An organization or individual shall submit directly or by post or in an appropriate form one set of dossier to an agency carrying out the registration of vehicles specified in Article 19 of this Decree. Such a dossier must comprise:

a/ A written request for deregistration of a vehicle, made according to Form No. 12 provided in the Appendix to this Decree;

b/ The original vehicle registration certificate.

2. The agency carrying out the registration of vehicles shall receive and examine the dossier. In case the dossier is invalid, it shall guide the requester to complete the dossier under this Decree.

Within 2 working days after receiving a valid dossier, the agency carrying out the registration of vehicles shall grant a vehicle deregistration certificate, made according to Form No. 07 provided in the Appendix to this Decree, to the vehicle owner. In case of refusal to grant such certificate, it shall reply in writing, clearly stating the reason.

3. Agencies carrying the registration of vehicles shall publicize in the mass media and on their portals cases of deregistration of vehicles.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 24.Responsibilities of the Ministry of Transport

1. To assume the prime responsibility for, and coordinate with provincial-level People’s Committees and related agencies in, organizing and guiding the implementation of this Decree.

2. To review and improve national technical regulations on vehicles for water-based leisure and entertainment activities.

3. To coordinate with provincial-level People’s Committees in announcing restricted areas and water areas where vehicles for water-based leisure and entertainment activities are allowed to operate.

4. To assume the prime responsibility for, and coordinate with provincial-level People’s Committees and related agencies and units in, developing and putting into operation a database for the management of vehicles for water-based leisure and entertainment activities.

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

1. To coordinate with the Ministry of Transport in organizing and guiding the implementation of this Decree.

2. To assume the prime responsibility for, and coordinate with the Ministry of Transport and related agencies in, formulating training programs for, and granting operator licenses to, vehicle operators; and providing safety skill instructions to participants in water-based leisure and entertainment activities.

3. To assume the prime responsibility for, and coordinate with provincial-level People’s Committees in, reviewing and improving the regulations on water-based leisure and entertainment activities in Vietnam.

4. To assume the prime responsibility for, and coordinate with related agencies in, reviewing and improving the regulations on handling of administrative violations in water-based leisure and entertainment activities.

Article 26.Responsibilities of the Ministry of Finance

To assume the prime responsibility for, and coordinate with related ministries and agencies in, formulating regulations and providing guidance on charges and fees for activities of vehicles for water-based leisure and entertainment activities.

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

Based on their respective functions, tasks and powers, to assume the prime responsibility for, and coordinate with related ministries and agencies in, conducting inspection and handling violations in activities of vehicles for water-based leisure and entertainment activities in border areas under this Decree and other relevant regulations.

Article 28.Responsibilities of provincial-level People’s Committees

1. To perform the state management of activities of vehicles for water-based leisure and entertainment activities under this Decree and other relevant regulations.

2. To manage activities of vehicles for water-based leisure and entertainment activities not subject to registration or inspection under their local management.

Article 29.Effect

This Decree takes effect on August 15, 2019.

Article 30.Transitional provisions

Areas for water-based leisure and entertainment activities, vehicle operators and vehicles for water-based leisure and entertainment activities existing before the effective date of this Decree may continue to operate through December 31, 2021. From January 1, 2022, if wishing to continue operating, they shall fully comply with relevant provisions of this Decree.

Article 31.Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.