Procedures for approval for recreational water activities in zone 1 in Vietnam as of April 10, 2024

Procedures for approval for recreational water activities in zone 1 in Vietnam as of April 10, 2024
Trần Thanh Rin

What are the procedures for approval for recreational water activities in zone 1 in Vietnam as of April 10, 2024? – Quoc Khang (Da Nang)

Procedures for approval for recreational water activities in zone 1 in Vietnam as of April 10, 2024

Procedures for approval for recreational water activities in zone 1 in Vietnam as of April 10, 2024 (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

On February 23, 2024, the Government issued Decree 19/2024/ND-CP amending Decree 48/2019/ND-CP on management of vehicles used for water recreation in Vietnam.

 

Procedures for approval for recreational water activities in zone 1 in Vietnam as of April 10, 2024

Specifically, the procedures for approval for recreational water activities in zone 1 in Vietnam from April 10, 2024 are prescribed as follows:

(1) Application (1 set, 1 copy for each document)

- Original copy or electronic copy of an application using form No. 01 in the Appendix enclosed with Decree 19/2024/ND-CP;

- Original copy or electronic copy of a signal setup location diagram or buoy and pennant setup location diagram;

- Original copy or electronic copy of a scheme for assurance of safety, security, rescue, and environmental pollution prevention.

(2) Procedures

- The applicant shall send an application in person or through postal services or online public service systems to a Department of Transport;

- The Department of Transport shall receive the application; if the application is invalid, within 1 working day after receiving the application, the Department of Transport shall guide the applicant to complete the application in accordance with Decree 48/2019/ND-CP;

- Within 2 working days after receiving the valid application, the Department of Transport shall send a document (enclosed with a copy of the application prescribed in Clause (1)) to a regional Inland Waterway Sub-Department if the related zone of recreational water activities is located on a national inland waterway or a regional Port Authority if the related zone of recreational water activities is located in seaport waters or a maritime area for suggestions;

- Within 2 working days after receiving the suggestion collection document, the regional Inland Waterway Sub-Department or regional Port Authority shall provide answers in writing. After the prescribed time limit, if written responses are sent, it is considered that the regional Inland Waterway Sub-Department or regional Port Authority agrees on the approval for recreational water activities in zone 1 according to the request of the applicant;

- Within 2 working days after receiving the written response from the regional Inland Waterway Sub-Department or regional Port Authority or from the end of the prescribed time limit for suggestion collection, the Department of Transport shall issue an approval document. In case of disapproval, the Department of Transport shall answer and explain in writing.

Currently, procedures for approval for recreational water activities in zone 1 are prescribed as follows:

(i) Application (01 set, 01 copy for each document)

- An application form using form No. 01 of Appendix issued with Decree 48/2019/ND-CP;

- A signal setup location diagram; if the active zone falls under Point a and Point b Clause 1 Article 9 of Decree 48/2019/ND-CP, the signal setup shall be designed in accordance with relevant national technical regulations;

- A plan for assurance of safety, security, rescue and environment pollution prevention.

(ii) Procedures

- The applicant shall send an application to the competent authority prescribed in Clause 1 Article 9 of Decree 48/2019/ND-CP in person, by post or in other appropriate forms;

- The competent authority prescribed in Clause 1 Article 9 of Decree 48/2019/ND-CP 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;

- Within 5 working days after receiving the satisfactory application, the competent authority prescribed in Clause 1 Article 9 of Decree 48/2019/ND-CP shall consider granting an approval or providing an explanation in writing in case of refusal.

More details can be found in Decree 19/2024/ND-CP taking effect on April 10, 2024.

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