Decision No. 1356/QD-BVHTTDL dated April 12, 2012 of the Ministry of Culture, Sports and Tourism on provisions of the order and procedures for evaluation and pilot grant of certificate of sustainable label of blue lotus to the tourist accommodation establishments in Vietnam

DECISION

ON PROVISIONS OF THE ORDER AND PROCEDURES FOR EVALUATION AND PILOT GRANT OF CERTIFICATE OF SUSTAINABLE LABEL OF BLUE LOTUS TO THE TOURIST ACCOMMODATION ESTABLISHMENTS IN VIETNAM

MINISTER OF CULTURE, SPORTS AND TOURISM

Pursuant to the Law on Environmental Protection dated November 29, 2005 and the Decree No.80/2006/ND-CP dated August 09, 2006 of the Government detailing and guiding the implementation of some Articles of the Law on Environment Protection; the Decree No.21/2008/ND-CP dated February 28, 2008 of the Government on amending and supplementing some Articles of the Decree No.80/2006/ND-CP of August 09, 2006 of the Government on detailing and guiding the implementation of some Articles of the Law on Environmental Protection;

Pursuant to the Law on Tourism dated June 14, 2005 and the Decree No.92/2007/ND-CP dated June 01, 2007 detailing the implementation of some Articles of the Law on Tourism;

Pursuant to the Decree No.185/2007/ND-CP of December 25, 2007 of the Government regulating functions, duties, powers and organizational structure of Ministry of Culture, Sports and Tourism;

Pursuant to the Decision No.3705/QD-BVHTTDL dated October 16, 2009 of the Minister of Culture, Sports and Tourism on the approval of the project of eco-label program "Blue Lotus" for the accommodation establishments in Vietnam and the Decision No.138/QD-BVHTTDL dated January 17, 2012 of the Minister of Culture, Sports and Tourism on the acceptance of eco-label program project "Blue Lotus" for the accommodation establishments in Vietnam;

At the proposal of the General Director of Tourism,

DECIDES:

Article 1. Scope of governing

This Decision regulates the order and procedures for evaluation and pilot grant of certificate of sustainable tourism label of Blue Lotus to the tourist accommodation establishments in Vietnam (hereinafter referred to as Certificate of Blue Lotus Label).

Article 2. Subjects of application

1. The tourist accommodation establishments operating, trading legitimately in Vietnam voluntarily to register the application of sustainable tourism label of Blue Lotus (hereinafter referred to as Blue Lotus Label).

2. Agencies, organizations, and individuals related to the order and procedures for evaluation and pilot grant of certificate of Lotus Blue Label.

Article 3. Registration for pilot grant of certificate of Lotus Blue Label

1. Registration dossier for pilot grant of certificate of Blue Lotus Label comprises:

a) An Application for pilot grant of certificate of Blue Lotus Label in the form prescribed in Appendix 1;

b) A report, self-assessment of the situation of tourist accommodation establishment under the criteria of sustainable tourism label of Blue Lotus, issued together with the Decision No.1355/QD-BVHTTDL dated April 12, 2012 by Minister of Culture, Sports and Tourism (hereinafter referred to as the blue lotus Label Criteria) in the form prescribed in Appendix 7;

c) a notarized copy of the following documents:

- Certificate of business registration of tourist accommodation;

- The decision to recognize rank of tourist accommodation establishment;

- Certificate of registration of commitment to protect environment or report on evaluating the environmental impact of tourist accommodation establishment (if any).

2. Filing registration dossier for pilot grant of certificate of Blue Lotus Label:

a) Tourist accommodation establishment shall submit in person or by mail 01 set of dossier of registration for pilot grant of certificate of Blue Lotus Label to the Vietnam National Administration of Tourism.

b) The order, procedures, forms of registration dossier for grant of certificate of Blue Lotus Label is posted on the electronic information page http://www.vietnamtourism.gov.vn; http://www.vietnamhotels.gov.vn; http://www.moitruongdulich.vn of the Vietnam National Administration of Tourism (VNAT).

3. Evaluation costs for granting certificate of Blue Lotus Label:

Tourist accommodation establishments are rated, granted free of charge certificates of blue lotus label in the pilot phase.

Article 4. Organization of evaluation, grant of certificate of Blue Lotus Label

1. The Council evaluate tourist accommodation establishments according to the criteria in the blue lotus Label Criteria (hereinafter referred to as the Council) established by the General Director of VNAT comprising of 06 persons:

a) Chairman: Leader of Hotel Department of VNAT.

b) The members of the Council:

- The Specialist of the Hotel Department;

- Representative of Vietnam Hotel Association;

- Representative of Department of Culture, Sports and Tourism where tourist accommodation establishments are located;

- 02 experts on the environment, energy saving.

2. Organization of evaluation at the tourist accommodation establishments:

a) Within 10 working days after receiving complete dossier of tourist accommodation establishment registering for grant of certificate of Blue Lotus Label as prescribed in Clause 1, Article 3 of this Decision, VNAT establishes a Council.

b) Within 10 working days from the date that VNAT establishes the Council, the Council organizes to rate at the tourist accommodation establishment.

c) Chairman of the Council announces the result of the evaluation to the tourist accommodation establishment in writing in the form prescribed in Appendix 4.

d) Within 15 working days after receiving notice of the Council, if the tourist accommodation establishment has no complaints, Chairman of the Council submits to the General Director of VNAT the valuation results, including:

- A statement of evaluation result and recommendations for granting Certificate of Blue Lotus Label for tourist accommodation establishment in the form prescribed in Appendix 6;

- The minute of evaluation on the implementation of Blue Lotus Label Criteria at the tourist accommodation establishment in the form prescribed in Appendix 3;

- Working Minute of the Council in the form prescribed in Appendix 4;

- Dossier of registration for pilot grant of certificate of Blue Lotus Label of the establishment of tourist accommodation in accordance with provisions in Clause 1 of Article 3 of this Decision.

Article 5. Pilot grant of certificate of Blue Lotus Label

1. General Director of VNAT grants pilot certificate of Lotus Blue Label for tourist accommodation establishments in the form prescribed in Appendix 2, on the basis of examining the dossiers specified at Point d, Clause 2 of Article 4 of this Decision.

2. Certificate of Lotus Blue Label for tourist accommodation establishments shall take effect three years from the date of issuance.

At least three months before Certificate of Lotus Blue Label expires, tourist accommodation establishment sends dossier of registration for renewal of certificate of Lotus Blue Label to the VNAT. Dossier and procedure for evaluation, re-grant is as for the first time.

Article 6. Change, re-grant of certificate of Lotus Blue Label

1. Where certificate of Lotus Blue Label is lost, burned or destroyed, tourist accommodation establishment must report to the police agency and VNAT within 07 days from the date of discovery of the certificate’s loss, burning or destruction.
Within 30 days from the date of report, the tourist accommodation establishment sends written request to the VNT for reissuing Certificate of Blue Lotus Label enclosed written confirmation of the police agency on the report, unless the Certificate of Blue Lotus Label is found before the deadline for requesting for reissuance.

2. Where certificate of Lotus Blue Label is torn or worn, tourist accommodation establishment shall send written request for change accompanied by the torn or worn original certificate of Lotus Blue Label to the VNAT.

3. In case of requesting for modifying name of tourist accommodation establishment in the certificate of Lotus Blue Label, tourist accommodation establishment shall send written request for re-issuing the certificate of Lotus Blue Label enclosed with documents illustrating the new name of the tourist accommodation establishment.

4. Within 10 working days after receiving the application for renewal, re-grant of certificate of Lotus Blue Label under the provisions of Clauses 1, 2 and 3 of this Article, the VNAT shall consider, change or re-grant the certificate of Lotus Blue Label for the tourist accommodation establishment.

5. In case of requesting for granting certificate of Lotus Blue Label at higher level when the certificate of Lotus Blue Label has not expired yet:

a) Tourist accommodation establishment sends dossier of registration for re-granting the certificate of Lotus Blue Label to the VNAT. A dossier comprises the papers specified at Points a, and b, Clause 1, Article 3 of this Decision.

b) The VNAT organizes to rate, grant certificate of Lotus Blue Label as prescribed in Article 4 of this Decision.

Article 7. Withdrawal of Certificate of Blue Lotus Label

1. Tourist accommodation establishments are revoked Certificates of Blue Lotus Label as violating one of the following cases:

a) Tourist accommodation establishments make false report of self-assessment;

b) Tourist accommodation establishments violate the criteria of the Blue Lotus Label.

2. General Director of the VNAT shall signs the decision on withdrawal of certificate of Lotus Blue Label.

3. The decision to recover certificate of Lotus Blue Label shall be sent to the tourist accommodation establishment to be withdrawn and published in the electronic information page http://www.vietnamtourism.gov.vn; http://www.vietnamhotels.gov.vn; http://www.moitruongdulich. vn of the VNAT.

Article 8. Conditions of Use of Blue Lotus Label

1. Tourist accommodation establishments are only used Blue Lotus Label after being granted certificate of Lotus Blue Label.

2. Tourist accommodation establishments are only used Blue Lotus Label within the valid time limit of the certificate of Lotus Blue Label.

3. Tourist accommodation establishments are only advertised in compliance with levels stated in the certificate of Lotus Blue Label.

4. Tourist accommodation establishments are allowed to use the logo of Lotus Blue Label in the prescribed form in Appendix 8 and the certificate of Lotus Blue Label for mounting in the reception area, in the promotional materials and on the their establishments’ objects.

Article 9. Suspension of use of Blue Lotus Label

1. Tourist accommodation establishments are suspended to use Blue Lotus Label as violation falling into one of the following cases:

a) Logo of Blue Lotus Label not in accordance with pattern approved by
competent agency;

b) Mounting logo and advertise false level which has been granted;

c) Lending another tourism accommodation establishment certificate of Blue Lotus Label.

2. General Director of VNAT signs Decision on suspending the use of Blue Lotus Label.

3. Tourist accommodation establishments suspended the use of Blue Lotus Label are not continued to mount Blue Lotus label at the tourist accommodation establishments and not used the logo, certificate of Blue Lotus Label in the publications, items or other means of advertising of the units.

Article 10. Responsibilities of tourist accommodation establishments registered for certificates of Blue Lotus Label

1. Heads of the tourist accommodation establishments are responsible for the accuracy of the registration dossiers for certificates of Blue Lotus Label.

2. Those who comment, valuate and certify untruth, or make counterfeit documents and papers to propose for certificates of Blue Lotus Label, depending on the nature and seriousness of their violations, shall be handled in accordance with the law provisions.

Article 11. Responsibilities of agencies certificates of Blue Lotus Label

1. To grant, change, re-grant and revoke certificates of Blue Lotus Label as prescribed in Article 4, Article 5, Article 6, Article 7 of this Decision.

2. To fully comply with recordkeeping regime for grant, change, re-grant and revocation of certificates of Blue Lotus Label in accordance with the law provisions on archives.

3. To preside over and coordinate with competent agencies to inspect and supervise the implementation of environmental protection, application of the Criteria for Blue Lotus Label at the tourist accommodation establishments.

4. To keep confidential information, figures and data recorded in registration dossiers for certificates of Blue Lotus Label; if wishing to provide data to third parties, it must be approved in writing by the tourist accommodation establishments with registration records for certificates of Blue Lotus Label.

5. To disclose the tourist accommodation establishments to be granted, suspended or revoked certificates of Blue Lotus Label on the websites http://www.vietnamtourism.gov.vn; http://www.vietnamhotels.gov.vn; http://www.moitruongdulich. vn of the VNAT.

Article 12. Organization of implementation

1. This Decision takes effect 03 years from its signing date.

2. General Director of the VNAT, President of Vietnam Hotel Association, Directors of Departments of Culture, Sports and Tourism of the Provinces/City are responsible for widely disseminating and guiding the organization, implementing fully, accurately, publicly this Decision.

3. After three years of pilot implementation of granting certificates of Blue Lotus Label, the VNAT performs to review, assess impact and report to the Minister of Culture, Sports and Tourism.

After this Decision expires, the tourist accommodation establishments are continued to use certificates of Blue Lotus Label until the certificates of Blue Lotus Label expire.

Article 13. Head Office, the General Director of the VNAT, heads of agencies, units and other concerned organizations and individuals shall implement this Decision.

During the execution, if any problems or issues arise, the agencies, organizations, individuals should reflect to the VNAT for synthesizing and reporting to the Minister of Culture, Sports and Tourism calendar for consideration and settlement./.