1. This Decree sets forth management of operation of vehicles used for underwater amusement in Vietnam, including: Management of underwater amusement activities, active zones, vehicles and operators of vehicles used for underwater amusement.

2. This Decree does not apply to traditional festival activities and diving activities.

1. This Decree applies to agencies, organizations, and individuals and vehicles relating to underwater amusement activities in Vietnam.

2. Inland waterway vehicles or seagoing ships serving underwater amusement shall conform to both laws and regulations on inland waterway traffic or marine and this Decree.

For the purposes of this Decree, these terms below shall be construed as follows:

1. “vehicles used for underwater amusement” means ships, boats, vessels, or other floating structures that are suitable for underwater amusement, carry no more than 5 people and operate in the active zones, which are approved or published by the competent authorities (hereinafter referred to as vehicles).

2. "active zones of underwater amusement” 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).

3. “operators of vehicles used for underwater amusement” means those who directly control vehicles used for underwater amusement (hereinafter referred to as operators).

4. “participants of underwater amusement” means those who are on vehicles but not directly control vehicles, except for stewards (hereinafter referred to as participants).

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

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

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

1. Active zones consist of 2 zones:

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

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

2. Time of day suitable for underwater amusement activities

Based on actual circumstances, the competent authorities prescribed in Clause 1 Article 9 hereof shall decide specified period of time in a day permitted to organize amusement activities in zone 1; the competent authorities prescribed in Clause 1 Article 11 hereof shall decide specified period of time in a day permitted to organize amusement activities in zone 2.

1. Vehicles shall be registered in accordance with national technical regulations promulgated by the Ministry of Transport and this Decree, except for vehicles registered under laws and regulations on inland waterway traffic or marine.

2. Operators:

a) Operators must be at least 15 years of age and fit for work;

b) Operators of vehicles which have main engines with more than 5 hp must obtain vehicle operator’s licenses as prescribed;

c) Operators must wear life jackets throughout the duration they participate in amusement activities;

d) Operators not specified in Point b Clause 2 hereof must be provided with safety skill instructions by the service provider before operating any vehicle.

1. Regularly check safety conditions of equipment and devices.

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

3. 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.

4. Provide training and instructions in safety skills for participants.

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

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

7. Provide warnings and instructions about weather, climate, health requirements and relevant factors and recommend cases not allowed to participate in underwater amusement activities.

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

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

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

b) The distance between two buoys or two pennants is 10m.

Apart from obligations prescribed in Article 12 of the Law on Tourism, 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 underwater amusement activities.

1. Power to approve underwater amusement activities in zone 1

a) On national inland waterways: Vietnam Inland Waterway Administration;

b) On local inland waterways: Departments of Transport;

c) On seaport waters or maritime zones; Vietnam Maritime Administration.

2. Contents of approval for active zones: Scope, area, purposes, operation duration of bodies of water; requirements pertaining to measures to ensure safety, security, rescue and environmental pollution prevention.

1. Application (01 set, 01 copy for each document)

a) An application form using form No. 01 of Appendix issued herewith;

b) A signal setup location diagram; if the active zone falls under Point a and Point b Clause 1 Article 9 hereof, the signal setup shall be designed in accordance with relevant national technical regulations;

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

2. Procedures

a) The applicant shall send an application to the competent authority prescribed in Clause 1 Article 9 hereof in person, by post or in other appropriate forms;

b) The competent authority prescribed in Clause 1 Article 9 hereof 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;

c) Within 5 working days after receiving the satisfactory application, the competent authority prescribed in Clause 1 Article 9 hereof shall consider granting an approval or providing an explanation in writing in case of refusal.

1. The People’s Committees of provinces and central-affiliated cities (hereinafter referred to as People’s Committees of provinces) shall reach an agreement or announce the opening or closure of zone 2.

2. Before executing an investment project, the People’s Committee of province shall reach an agreement with the investor on location, scope, measures to assure safety, security, rescue and environmental pollution prevention. The investment project shall conform to regulations of law on investment and construction.

1. An application for announcement of active zone with investment project (01 set, 01 copy for each document) shall consist of:

a) An application form using form No. 02 of Appendix issued herewith;

b) A signal setup location diagram if the active zone is adjacent to zone 1 or a buoy and pennant layout diagram if the active zone is not adjacent to zone 1;

c) A certified true copy of decision on approval for project (if any);

d) A plan for assurance of safety, security, rescue and environment pollution prevention;

dd) An as-built drawing of facilities, including nautical charts or maps.

2. An application for announcement of active zones without investment project (01 set, 01 copy for each document) shall consist of:

a) An application form using form No. 02 of Appendix issued herewith;

b) A signal setup location diagram if the active zone is adjacent to zone 1 or a buoy and pennant layout diagram if the active zone is not adjacent to zone 1;

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

3. Procedures

a) The applicant shall send an application to the Department of Transport in person or by post or by other appropriate forms;

b) Within 5 working days after receiving the satisfactory application, the Department of Transport shall report the assessment result to the People’s Committee of province for consideration; if the application is not satisfactory, within 2 working days after receiving the application, the Department of Transport shall guide the applicant to complete the application in accordance with this Decree;

c) Within 5 working days after receiving the application from the Department of Transport, the People’s Committee of province shall consider issuing a decision on announcement using form No. 03 of Appendix issued herewith or providing an explanation in writing in case of refusal.

1. Zone 2 shall be closed or have its operation unallowable in the following cases:

a) For national defense and security reasons;

b) Upon any change to national industry plannings and technically-specialized plannings in conjunction with the active zone;

c) The active zone does not conform to conditions for security, safety, environmental pollution prevention in organization of underwater amusement activities;

d) Entities having active zones no longer need to operate or use them.

2. In case of closure of active zones prescribed in Points a, b and c Clause 1 hereof, the People’s Committee of province shall issue a decision on announcement of closure of active zones upon the request of the Department of Transport.

3. Application and procedures for closure of active zones prescribed in Point d Clause 1 hereof

a) The applicant shall send an application using form No. 04 in Appendix issued herewith to the Department of Transport in person or by post or by other appropriate forms;

b) Within 2 working days after receiving the application, the Department of Transport shall verify application and request the People’s Committee of province to consider issuing a decision on announcement of closure of active zone;

c) Within 2 working days after receiving the request from the Department of Transport, the People’s Committee of province shall issue a decision on announcement of closure of active zone using form No. 05 of Appendix issued herewith.

1. A vehicle with adequate documents prescribed in this Decree shall be registered in the vehicle registration book by the competent authority and granted a certificate of registration of vehicle used for underwater amusement activities (hereinafter referred to as vehicle registration certificate).

2. The vehicle registration certificate shall be made as form No. 06 of Appendix issued herewith;

3. A vehicle shall be re-registered in any of following cases:

a) Change in owner of vehicle;

b) Change in name of vehicle;

c) Change in specifications of vehicle.

A vehicle shall be deregistered in any of following cases:

1. The vehicle is lost or damaged beyond repair.

2. At the request of the vehicle owner.

The name of a vehicle is given by the vehicle owner and indicated in the application for registration; the name of vehicle must be different from the names of other vehicles registered in the vehicle registration book.

1. Registration number of vehicle includes 2 groups, letters and numbers.

a) Group of letters is specified in form No. 08 of Appendix issued herewith;

b) Group of numbers starts from 01; the group of numbers shall be displayed after group of letters.

2. Size of letters and numbers displayed on vehicles:

a) Minimum height of letters and numbers: 50 mm;

b) Minimum breadth of letter and number strokes: 15 mm;

c) Distance between letters and numbers: 10 mm.

3. The color of registered letters and numbers must be different from the background color.

4. Location of registration number on vehicles

a) The registration number of a vehicle shall be displayed in visible places on left side, right side and the front of the vehicle’s cabin.

b) If the vehicle has no cabin, the registration number shall be displayed at load line on both sides of the vehicle’s bow;

c) If the vehicle has no cabin and the free board is not high enough to display the registration number as prescribed, the registration number’s size shall be reduced and displayed at the most visible place.

The vehicle registration book shall comprise details below:

1. Ordinal number, registration number.

2. Name of vehicle, date of issue of certificate of registration.

3. Name and address of vehicle owner.

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

5. Waterplane length, length over all.

6. Breadth moulded, breadth over all.

7. Free board, draft.

8. Load line, hull materials.

9. Quantity, type and capacity of main engines.

10. Gross deadweight, pulling and pushing forces, maximum seating capacity.

11. Color photo of the whole right side of the vehicle which is floating, 10x15 cm size.

The People’s Committee of province shall grant and manage vehicle registration; manage vehicles exempt from registration as prescribed in this Decree and other relevant laws and regulations. According to specific conditions and circumstances, the People’s Committee of province shall assign and decentralized the Department of Transport, the People’s Committees of districts and the People’s Committees of communes to grant and manage vehicles registration and manage vehicles exempt from registration.

The applicant shall send an application to the vehicle registration authority prescribed in Article 19 hereof in person, by post or in other appropriate forms. The application includes:

1. Documents to be submitted, including:

a) An application form for vehicle registration using form No. 09 of Appendix issued herewith;

b) 2 color photos of the whole right side of the vehicle which is floating, 10x15 cm size;

c) An invoice of registration fee (original) for the vehicle subject to registration fee.

2. Documents to be presented, including originals of:

a) A certificate of technical safety and environmental protection of the vehicle which remains valid if the vehicle is subject to registration;

b) A license or declaration of imported vehicle as per the law if the vehicle is imported;

c) Proof of vehicle ownership: a sales contract or contract for vehicle building or other equivalent documents;

d) Proof of permission for foreign organization to operate and base the headquarters in Vietnam or permission for foreign individual to reside in Vietnam.

3. If the vehicle owner is also the owner of a facility building, conversing, repairing and restoring vehicle whose operation is permitted as per the law, the owner is not required to present documents prescribed in Point c Clause 2 hereof when registering the vehicle.

4. Procedures

a) The vehicle registration authority shall receive and verify the application, if the application is unsatisfactory, the authority shall guide the applicant to complete the application as prescribed in this Decree;

b) Within 3 working days after receiving the satisfactory application, the vehicle registration authority shall consider issuing a certificate of vehicle registration to the vehicle owner or providing an explanation in writing in case of refusal.

The applicant shall send an application to the vehicle registration authority prescribed in Article 19 hereof in person, by post or in other appropriate forms. Application and procedures:

1. In case of change to name of vehicle: The applicant shall submit an application form for vehicle registration using form No. 10 of Appendix issued herewith, the issued certificate of vehicle registration and present the certificate of technical safety and environment protection of vehicle subject to registration which remains valid.

2. In case of change to specifications: The applicant shall submit an application form for vehicle registration using form No. 10 of Appendix issued herewith, the issued certificate of vehicle registration, receipt or proof of fee payment (if any); and present the certificate of technical safety and environment protection of vehicle subject to registration which remains valid.

3. In case of change to vehicle owner: The applicant shall submit an application form for vehicle registration using form No. 10 of Appendix issued herewith, the issued certificate of vehicle registration, receipt or proof of fee payment (if any); and present the proof of vehicle ownership prescribed in Point c Clause 2 Article 20 hereof and certificate of technical safety and environment protection of vehicle subject to registration which remains valid.

4. Procedures for re-registration: The vehicle registration authority shall revoke the issued certificate of vehicle registration and destroy it as prescribed in Clauses 1, 2 and 3 hereof and reissue another certificate of vehicle registration as prescribed in Clause 4 Article 20 hereof.

5. If the vehicle owner wishes to transfer vehicle registration to another vehicle registration authority, the vehicle owner shall submit an application form for change of vehicle registration authority, specify name of new vehicle registration authority and return the issued certificate of vehicle registration.

The above-mentioned vehicle registration authority shall, based on the database about the vehicle, issue a new certificate of vehicle registration as the same as the old certificate to the vehicle owner.

1. The certificate of vehicle registration shall be reissued in case of loss or damage.

2. Required documents

a) In case of loss: The applicant shall submit an application form for reissuance of certificate of vehicle registration using form No. 11 of Appendix issued herewith, specifying reasons and declaration to take responsibility for accuracy of the provided information.

The vehicle registration authority shall, based on the database about the vehicle, reissue a certificate of vehicle registration as the same as the old certificate.

b) In case of damage: The applicant shall submit an application form for reissuance of certificate of vehicle registration using form No. 11 of Appendix issued herewith and return the old certificate of vehicle registration.

3. The vehicle registration authority shall reissue the certificate of vehicle registration as prescribed in Clause 4 Article 20 hereof.

In case of Point b Clause 2 hereof, the vehicle registration authority shall revoke and destroy the damaged certificate of vehicle registration as prescribed. The content of the new certificate of vehicle registration shall be the same as the content of the old certificate of vehicle registration.

4. The vehicle registration authority shall publish reissued certificates of vehicle registration on means of mass media and on its website.

1. The applicant shall send an application to the vehicle registration authority prescribed in Article 19 hereof in person, by post or in other appropriate forms. The application shall include:

a) An application form for vehicle deregistration using form No. 12 of Appendix issued herewith;

b) An original of the old certificate of vehicle registration.

2. The vehicle registration authority shall receive and verify the application, if the application is unsatisfactory, the authority shall guide the applicant to complete the application as prescribed in this Decree.

Within 2 working days after receiving the satisfactory application, the vehicle registration authority shall consider issuing a certificate of vehicle deregistration to the vehicle owner using form No. 07 of Appendix issued herewith or providing an explanation in writing in case of refusal.

3. The vehicle registration authority shall publish cases of vehicle deregistration on means of mass media and on its website.

1. Take charge and cooperate with People’s Committees of provinces and relevant agencies in organizing and providing guidelines for implementation of this Decree.

2. Review and improve national technical regulations on vehicles used for underwater amusement.

3. Cooperate with People’s Committees of provinces in announcing limit zones, water zones in which vehicles used for underwater amusement are permitted.

4. Take charge and cooperate with People’s Committees of provinces and relevant agencies in building and putting into use database on management of operation of vehicles used for underwater amusement.

1. Cooperate with the Ministry of Transport in organizing and providing guidelines for this Decree.

2. Take charge and cooperate with the Ministry of Transport and relevant agencies in formulating training programs and issuing vehicle operator’s licenses; instructions for safety skills for participants of underwater amusement activities.

3. Take charge and cooperate with the People’s Committees of provinces and central-affiliated cities in reviewing and improving regulations and laws on underwater amusement activities in Vietnam.

4. Take charge and cooperate with relevant agencies in reviewing and improving regulations and laws on actions against administrative violations in underwater amusement activities.

Take charge and cooperate with relevant ministries in formulating regulations on fees and charges for operation of vehicles used for underwater amusement.

According to their functions, tasks, powers, take charge and cooperate with relevant ministries in inspecting and taking actions against violations of operation of vehicles used for amusement services in border areas as prescribed in this Decree and corresponding regulations of law.

1. Perform state management of operation of vehicles used for underwater amusement as prescribed in this Decree and relevant law provisions.

2. Manage operation of vehicles used for underwater amusement not subject to registration within the provinces.

This Decree comes into force as of August 15, 2019.

Active zones, operators and vehicles that have been serving underwater amusement before effective date of this Decree shall keep their services until December 31, 2021; from January 1, 2022, they must comply with this Decree for continuous operation.

Ministries, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of People’s Committees of provinces and central-affiliated cities, and relevant entities shall implement this Decree./.