Responsibilities of operators of active zones and providers of water recreation services in Vietnam

Responsibilities of operators of active zones and providers of water recreation services in Vietnam (Internet image)

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

1. What is the active zones of water recreation?

According to Clause 2, Article 3 of Decree 48/2019/ND-CP, active zones of water recreation means bodies of water in which vehicles are permitted to operate within safety boundaries approved or published by competent authorities (hereinafter referred to as active zones).

In which, the active zones consist of 2 zones:

- Zone 1: bodies of water on the inland waterways, seaport waters or maritime zones;

- Zone 2: bodies of water other than zone 1, marked and located by buoys or pennants with noticeable colors.

(Clause 1, Article 5 of Decree 48/2019/ND-CP)

2. Responsibilities of operators of active zones and providers of water recreation services in Vietnam

Specifically, in Article 7 of Decree 48/2019/ND-CP, responsibilities of operators of active zones and providers of water recreation services include:

- Regularly check safety conditions of equipment and devices.

- Equip adequate life jackets, life-saving appliances, and fire safety equipment as prescribed.

- Only organize amusement activities during the period of time as prescribed in Clause 2 Article 5 hereof and have plans for assurance of safety, security, rescue and environment pollution prevention.

- Provide training and instructions in safety skills for participants.

- Do not put vehicles into operation in case safety conditions have not been met as per the law.

- Do not allow operators to control vehicles beyond the active zones as prescribed.

- Provide warnings and instructions about weather, climate, health requirements and relevant factors and recommend cases not allowed to participate in recreational water activities.

- Arrange anchorages or wharfs for vehicles; vehicles used for amusement are only allowed to anchor in specified areas.

- Place signals as prescribed; if no signal is placed, it is required to place buoys and pennants as follows:

+ Diameter of a buoy is at least 50cm and size of a pennant is at least 50x60cm;

+ The distance between two buoys or two pennants is 10m.

3. Rules for amusement activities in Vietnam

Rules for amusement activities specified in Article 4 of Decree 48/2019/ND-CP are as follows:

- Amusement activities must be organized in an orderly, safe, secured, environmentally responsible and effective manner and contribute to tourism development and socio-economic development.

- The investment in construction of active zones of water recreation shall conform to national industry plannings and technically-specialized plannings which have been approved. When performing investment projects for construction of active zones of water recreation, investors shall comply with laws and regulations on investment and construction.

- Providers of amusement services, operators of vehicles and participants shall comply with this Decree and other relevant laws and regulations.

4. Responsibilities of participants in amusement activities in Vietnam

Apart from obligations prescribed in Article 12 of the Law on Tourism 2017, participants must wear life jackets throughout the duration they participate in amusement activities and take personal responsibility for their health issues while taking part in recreational water activities.

(Article 8 of Decree 48/2019/ND-CP)

Tran Thanh Rin

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