Decree 19/2024/ND-CP amend Decree 48/2019/ND-CP management of vehicles for water-based leisure and entertainment activities

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 48/2019/ND-CP of June 5, 2019, on the management of vehicles for water-based leisure and entertainment activities

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to November 25, 2015 Vietnam Maritime Code;

Pursuant to the June 15, 2004 Law on Inland Waterway Navigation, and the June 17, 2014 Law Amending and Supplementing a Number of Articles of the Law on Inland Waterway Navigation;

Pursuant to the June 19, 2017 Law on Tourism;

Pursuant to the November 11, 2020 Law on Vietnam Border Defense;

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

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 48/2019/ND-CP of June 5, 2019, on the management of vehicles for water-based leisure and entertainment activities.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 48/2019/ND-CP of June 5, 2019, on the management of vehicles for water-based leisure and entertainment activities

1. To amend and supplement Clause 1, Article 9 as follows:

“1. Provincial-level Departments of Transport shall approve water-based leisure and entertainment activities in category-1 areas.”.

2. To amend and supplement Article 10 as follows:

“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/ The original or an electronic version of the written request for approval, made according to Form No. 01 provided in the Appendix to this Decree;

b/ The original or an electronic version or an electronic copy of the diagram of positions where signs are to be put up or the diagram of positions of buoys and signal flags;

c/ The original or an electronic version or an electronic copy of the plan on assurance of security, safety, salvage and rescue and prevention of environmental pollution.

2. Procedures

a/ A requester shall hand-deliver or send by post or submit via the online public service system 1 set of dossier to the provincial-level Department of Transport;

b/ The provincial-level Department of Transport shall receive the dossier; if the dossier is invalid, within 1 working day after receiving it, the provincial-level Department of Transport shall guide the requester to complete the dossier under this Decree;

c/ Within 2 working days after receiving a valid dossier, the provincial-level Department of Transport shall send a document (enclosed with a copy of the dossier specified in Clause 1 of this Article) for soliciting opinions of the Inland Waterways Division in charge of the area if the area of water-based leisure and entertainment activities is situated on a national inland waterway route, or the Vietnam Inland Waterways Administration in charge of the area if the area of water-based leisure and entertainment activities is situated in a seaport waters or maritime zone;

d/ Within 2 working days after receiving the document, the Vietnam Inland Waterways Division or Vietnam Inland Waterways Administration in charge of the area shall reply in writing. Past the specified time limit, if no replies are made, the Vietnam Inland Waterways Division or Vietnam Inland Waterways Administration in charge of the area shall be regarded as having approved the requester’s request for water-based leisure and entertainment activities in the category-1 area;

dd/ Within 2 working days after receiving a written reply of the Vietnam Inland Waterways Division or Vietnam Inland Waterways Administration in charge of the area, or from the expiration of the specified time limit for opinion solicitation, the provincial-level Department of Transport shall issue a written approval; in case of refusal, it shall reply in writing, clearly stating the reason.”.

3. To amend and supplement Article 11 as follows:

“Article 11. Competence to reach agreement on and announce the opening or closure of category-2 areas for water-based leisure and entertainment activities   

1. The People’s Committees of districts, rural districts, townships and cities under provinces and centrally run cities (below referred to as district-level People’s Committees) shall reach agreement on and announce the opening and closure of category-2 areas for water-based leisure and entertainment activities.

2. Before an investment project is implemented, the project owner shall contact the district-level People’s Committee in order to reach agreement on the project location and size and measures to ensure security, safety, salvage and rescue and to prevent environmental pollution. The project investment must comply with the investment and construction laws.”.

4. To amend and supplement Article 12 as follows:

“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/ The original or an electronic version of the written request, made according to Form No. 02 provided in the Appendix to this Decree;

b/ The original or an electronic version or an electronic copy of the diagram of positions where signs are to be put up in case the area for water-based leisure and entertainment activities is adjacent to a category-1 area, or a diagram of positions of buoys and signal flags in case the area for water-based leisure and entertainment activities is adjacent to no category-1 areas;

c/ A certified copy or an electronic version or an electronic copy of the decision approving the project (if any);

d/ The original or an electronic version or an electronic copy of the plan on assurance of security, safety, salvage and rescue and prevention of environmental pollution;

dd/ The original or an electronic version or an electronic copy of the as-built work drawing, including also 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/ The original or an electronic form of the written request, made according to Form No. 02 provided in the Appendix to this Decree;

b/ The original or an electronic version or an electronic copy of the diagram of positions where signs are to be put up in case the area for water-based leisure and entertainment activities is adjacent to a category-1 area, or a diagram of positions of buoys and signal flags in case the area for water-based leisure and entertainment activities is adjacent to no category-1 areas;

c/ The original or an electronic version or an electronic copy of the plan on assurance of security, safety, salvage and rescue and prevention of environmental pollution.

3. Procedures

a/ A requester shall hand-deliver or send by post or submit via the online public service system 1 set of dossier to the district-level People’s Committee;

b/ The district-level People’s Committee shall receive the dossier; if the dossier is invalid, within 2 working days after receiving it, the district-level People’s Committee shall guide the requester to complete the dossier under this Decree;

c/ Within 5 working days after receiving the valid dossier, the district-level People’s Committee shall issue a decision announcing the opening of, and permitting water-based leisure and entertainment activities in, the category-2 area, made according to Form No. 03 provided in the Appendix to this Decree; in case of refusal, it shall reply in writing, clearly stating the reason for refusal.”.

5. To amend and supplement Clauses 2 and 3, Article 12 as follows:

“2. In case of closing, and permitting no water-based leisure and entertainment activities in, the category-2 area under Point a, b or c, Clause 1 of this Article, the district-level People’s Committee shall issue a decision to announce the closure of, and permission of no water-based leisure and entertainment activities in, the area.

3. Dossier and procedures for closure of 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 hand-deliver or send by post or submit via the online public service system to the district-level People’s Committee the original or an electronic version of the written request, made according to Form No. 04 provided in the Appendix to this Decree;

b/ Within 2 working days after receiving the written request, the district-level People’s Committee shall issue a decision to announce the closure of, or permission of no water leisure and entertainment activities in, the category-2 area, made according to Form No. 05 provided in the Appendix to this Decree.”.

6. To add Clause 4 into Article 14 as follows:

“4. Non-motorized vehicles with a carrying capacity of up to 5 people are exempt from registration.”.

7. To amend and supplement Article 19 as follows:

“Article 19. Agencies carrying out vehicle registration

District-level People’s Committees shall organize and manage the registration of vehicles, and manage vehicles for water-based leisure and entertainment activities subject to registration under this Decree and other relevant regulations.

Commune-level People’s Committees shall manage vehicles for water-based leisure and entertainment activities exempt from registration.”.

8. To amend and supplement a number of clauses of Article 20 as follows:

a/ To amend and supplement Clause 1 as follows:

“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/ Registration fee receipt (the original or an electronic version or an electronic copy), for the vehicle subject to registration fee.”.

b/ To amend and supplement the title of Clause 2 as follows:

“2. Documents to be produced upon the submission of a dossier, including the originals of:”.

c/ To amend and supplement Point a, Clause 4 as follows:

“a/ The agency carrying out vehicle registration shall receive and examine a dossier. If such a dossier is invalid, within 1 working day after receiving the dossier, it shall guide the requester to complete the dossier under this Decree;”.

9. To amend and supplement the title of Article 21 as follows:

“An organization or individual that wishes to have its/his/her vehicle re-registered shall hand-deliver or send by post or submit via the online public service system 1 set of dossier to an agency carrying out vehicle registration specified in Article 19 of this Decree. A dossier and processing thereof are as follows:”.

10. To amend and supplement Clause 2 of Article 22 as follows:

“2. An organization or individual that wishes to have its/his/her vehicle re-registered shall hand-deliver or send by post or submit via the online public service system 1 set of dossier to an agency carrying out vehicle registration specified in Article 19 of this Decree. A dossier must comprise:

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 taking responsibility for the truthfulness of declared contents.

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

11. To amend and supplement Clause 2, Article 23 as follows:

“2. The agency carrying out vehicle registration shall receive and examine the dossier. In case the dossier is invalid, within 1 working day after receiving the dossier, it shall guide the requester to complete the dossier under this Decree.

Within 2 working days after receiving the valid dossier, the agency carrying out vehicle registration 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 for refusal.”.

12. To amend and supplement Clauses 3 and 4, Article 24 as follows:

a/ To amend and supplement Clause 3 as follows:

“3. To direct the Vietnam Inland Waterway Administration and Vietnam Maritime Administration to coordinate with provincial-level Departments of Transport and district-level People’s Committees in announcing restricted areas and water areas where vehicles for water-based leisure and entertainment activities are allowed to operate.”.

b/ To amend and supplement Clause 4 as follows:

“4. To direct the Vietnam Inland Waterway Administration and Vietnam Maritime Administration to coordinate with provincial-level Departments of Transport and district-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.”.

13. To amend and supplement Clause 3, Article 25 as follows:

“3. To direct provincial-level Departments of Culture, Sports and Tourism to assume the prime responsibility for, and coordinate with provincial-level Departments of Transport, district-level People’s Committees and related agencies and units in, reviewing and improving regulations on water-based leisure and entertainment activities in Vietnam.”.

14. To amend and supplement Article 28 as follows:

“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 direct district-level People’s Committees in:

a/ Managing the registration of vehicles for water-based leisure and entertainment activities;

b/ Examining and supervising commune-level People’s Committees in the management of vehicles for water-based leisure and entertainment activities exempt from registration under their management as provided in this Decree and relevant regulations;

c/ Managing water-based leisure and entertainment activities in category-2 areas under their management.

3. To direct provincial-level Departments of Transport in managing water-based leisure and entertainment activities in category-1 areas under their management in accordance with this Decree and relevant regulations.”.

15. To replace Forms No. 03, 05, 06, 10, 11 and 12 provided in the Government’s Decree No. 48/2019/ND-CP of June 5, 2019, providing the management of vehicles for water-based leisure and entertainment activities with Forms 01, 02, 03, 04, 05 and 06 provided in this Decree.

Article 2. Transitional provisions

1. Areas for water-based leisure and entertainment activities that are approved by competent state agencies in category-1 areas before the effective date of this Decree may continue to be opened for such activities until the expiration of their operation durations specified in written approval.

2. Areas for water-based leisure and entertainment activities that are announced by competent state agencies to be opened for such activities in category-2 areas before the effective date of this Decree may continue to be opened until their expiration of their operation durations specified in written approvals.

3. Dossiers of request for settlement of administrative procedures related to water-based leisure and entertainment activities (approval of water-based leisure and entertainment activities in category-1 areas; announcing the opening of, and allowing water-based leisure and entertainment activities in, category-2 areas; closing, and disallowing water leisure and entertainment activities in, category-2 areas; first-time registration of vehicles; re-registration of vehicles; re-grant of vehicle registration certificates; deregistration of vehicles) sent to competent agencies in accordance with law before the effective date of this Decree may continue to be examined and processed under the Government’s Decree No. 48/2019/ND-CP of June 5, 2019, providing the management of vehicles for water-based leisure and entertainment activities

4. By the effective date of this Decree, provincial-level Departments of Transport that have yet to perform the tasks specified in Clause 1, Article 1 of this Decree shall send written requests to the Vietnam Inland Waterway Administration or Vietnam Maritime Administration for further implementation. From January 1, 2025, provincial-level Departments of Transport shall approve water-based leisure and entertainment activities in category-1 areas under Clause 1, Article 1 of this Decree.

5. By the effective date of this Decree, district-level People’s Committees that have yet to perform the tasks specified in Clauses 3 and 4, Article 1 of this Decree shall send written requests to provincial-level People’s Committees and Departments of Transport for further implementation. From January 1, 2025, district-level People’s Committee shall negotiate and announce the opening and closure of category-2 areas, close, or no longer allow water leisure and entertainment activities in, category-2 areas under Clauses 3 and 4, Article 1 of this Decree.

Article 3. Effect

1.This Decree takes effect on April 10, 2024.

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

On behalf of the Government

For the Prime Minister

Deputy Prime Minister

TRAN HONG HA

* The appendices to this Decree are not translated.