The new regulation will take effect from April 10, 2024. The notable point of the new regulation is the change in the competent authority approving and announcing the closing and opening of operating areas in the regions.
Specifically, the new Decree stipulates that the Department of Transport approves water recreation activities in region 1.
The new Decree has changes in the competent authority approving and announcing the closing and opening of operating areas in the regions.
While under the old regulations, the authority to approve activities in zone 1 is divided into responsibilities: On national inland waterways, the authority is under the authority of the Vietnam Inland Waterways Administration; On local inland waterways, the authority is under the authority of the Department of Transport; and on seaport waters or maritime areas, the authority is under the authority of the Vietnam Maritime Administration.
Regarding the authority to agree, announce the opening and closing of operating areas in zone 2, the new Decree stipulates that the People's Committees of districts, towns, cities under provinces, and cities under centrally-run cities (district-level People's Committees) (old regulations were for provincial-level People's Committees) shall implement the agreement, announce the opening and closing of operating areas in zone 2.
Before implementing a construction investment project, the investor shall contact the district-level People's Committee to reach an agreement on location, scale, measures to ensure security, safety, rescue, and prevention of environmental pollution. Project investment shall be carried out in accordance with the provisions of law on investment and construction.
According to Decree 48/2019, the water recreation and entertainment area includes 2 areas:
Zone 1 is the water area on inland waterways, seaport waters or maritime areas.
Zone 2 is a water area other than zone 1, marked and located by buoys or flags with easily observable colors.
Regarding the vehicle registration agency, the District People's Committee (formerly the Provincial People's Committee) organizes and manages the registration and management of vehicles serving water recreation and entertainment that must be registered according to the provisions of this Decree and other relevant provisions of law.
The People's Committee at the commune level shall manage water recreation and entertainment facilities exempted from registration.
The Ministry of Transport is responsible for directing the Vietnam Inland Waterways Administration and the Vietnam Maritime Administration to coordinate with the Department of Transport and the People's Committees at district level to announce restricted areas and water areas where water-based recreational vehicles are allowed to operate.
At the same time, direct the Vietnam Inland Waterways Administration and the Vietnam Maritime Administration to preside over and coordinate with the Department of Transport, District People's Committees and relevant agencies and units to organize the construction and put into use a database serving the management of activities of means of water recreation and entertainment.
The People's Committees of provinces and centrally run cities are assigned the responsibility to organize the implementation of the state management function on the management of activities of means of water entertainment and recreation according to the provisions of this Decree and other relevant provisions of law.
At the same time, direct the People's Committees at the district level to organize the management of the registration of vehicles serving water recreation and entertainment; Inspect and supervise the People's Committees at the commune level in organizing the management of vehicles exempted from registration within the scope of management according to the provisions of the Decree and other relevant provisions of law; Organize the management of water recreation and entertainment activities in Zone 2 under the scope of management.
The People's Committees of provinces and centrally run cities are responsible for directing the Department of Transport to organize the management of water recreation and entertainment activities in region 1 within the scope of management according to the provisions of the Decree and other relevant provisions of law.
In particular, the transitional regulations clearly state that from April 10, if the Department of Transport has not yet performed the prescribed tasks, it will send a written request to the Vietnam Inland Waterways Administration or the Vietnam Maritime Administration to continue performing. From January 1, 2025, the Department of Transport will carry out the approval of water recreation and entertainment activities in Zone 1 according to regulations.
Similarly, from the effective date of the new Decree, if the District People's Committee has not yet performed the prescribed tasks, it shall issue a written request to the Provincial People's Committee and the Department of Transport to continue performing them. From January 1, 2025, the District People's Committee shall negotiate and announce the opening and closing of Zone 2, and the closing and disallowing of activities in Zone 2.
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