Decree No. 168/2017/ND-CP dated December 31, 2017 of the Government on detailing a number of articles of the Law on Tourism

DECREE

Detailing a number of articles of the Law on Tourism^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 19, 2017 Law on Tourism;

At the proposal of the Minister of Culture, Sports and Tourism;

The Government promulgates the Decree detailing a number of articles of the Law on Tourism.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details a number of articles of the Law on Tourism regarding survey, assessment and classification of tourism resources; safety measures for tourism products likely to affect the life or health of tourists; conditions for recognition of tourist sites or zones; deposits for provision of travel services; issuance, renewal, re-issuance and withdrawal of tourist vehicle logos; minimum conditions on physical and technical foundations and services for tourists of tourist accommodation establishments; and sources of the Tourism Development Support Fund.

Article 2. Subjects of application

1. Vietnamese agencies, organizations and individuals engaged in tourism activities in the territory of Vietnam and foreign countries.

2. Foreign organizations and individuals engaged in tourism activities in the territory of Vietnam.

3. State management agencies in charge of tourism, other agencies, organizations, individuals and communities engaged in tourism-related activities.

Chapter II

SURVEY, ASSESSMENT AND CLASSIFICATION OF TOURISM RESOURCES

Article 3. Survey of tourism resources

1. The Ministry of Culture, Sports and Tourism shall decide on overall survey of tourism resources. Based on practical demands or at the proposal of provincial-level People’s Committees, the Ministry of Culture, Sports and Tourism shall decide on additional survey to update information on tourism resources.

2. The Ministry of Culture, Sports and Tourism shall assume the prime responsibility for, and coordinate with provincial-level People’s Committees in, deciding on the time of conducting survey.

Article 4. Basic contents of survey of tourism resources

1. General information on tourism resources: names, locations, scope, area of land or land with water surface being in use, and managers and users.

2. Actual state of the exploitation and use of tourism resources.

3. Characteristics and nature of tourism resources.

4. Value of tourism resources.

Article 5. Assessment and classification of tourism resources

1. Based on survey results, tourism resources shall be assessed in terms of value, capacity, attractiveness, scope of impacts, and exploitability for tourism development.

2. Based on assessment results, tourism resources specified in Article 15 of the Law on Tourism shall be classified into national- and provincial-level ones.

Article 6. Responsibilities of ministries, ministerial-level agencies and provincial-level People’s Committees

1. Responsibilities of the Ministry of Culture, Sports and Tourism:

a/ To assume the prime responsibility for, and coordinate with provincial-level People’s Committees and related ministries and ministerial-level agencies in, formulating plans on survey of tourism resources with focuses and priorities in conformity with the tourism development strategy. A survey plan may utilize all or some of the results of tourism resource-related surveys already carried out by provincial-level People’s Committees and specialized state management agencies;

b/ To coordinate with provincial-level People’s Committees in implementing plans on survey of tourism resources;

c/ To summarize survey results and organize the assessment and classification of tourism resources;

d/ To disclose and store the results of survey, assessment and classification of tourism resources.

2. Responsibilities of ministries and ministerial-level agencies:

a/ To coordinate with the Ministry of Culture, Sports and Tourism in formulating, and organizing the implementation of, plans on survey of tourism resources;

b/ To provide data related to tourism resources within the ambit of their functions and tasks.

3. Responsibilities of provincial-level People’s Committees:

a/ To coordinate with the Ministry of Culture, Sports and Tourism and related ministries and ministerial-level agencies in organizing surveys of tourism resources under plans of the Ministry of Culture, Sports and Tourism;

b/ To provide data related to tourism resources within the ambit of their functions and tasks.

Article 7. Funds for survey, assessment and classification of tourism resources

1. Funds for survey, assessment and classification of tourism resources shall be allocated from the state budget, voluntarily contributed by organizations and individuals, and lawfully raised from other sources.

2. Funds for survey, assessment and classification of tourism resources shall be managed and used in accordance with law.

Chapter III

SAFETY MEASURES FOR TOURISM PRODUCTS LIKELY TO AFFECT THE LIFE AND HEALTH OF TOURISTS

Article 8. Tourism products likely to affect the life and health of tourists

Tourism products are considered likely to affect the life or health of tourists when involving one or more of the following activities:

1. Paragliding and ballooning; parachuting; and practicing high rope courses.

2. Bicycle and motorbike riding and terrain car driving on mountains and sandy hills; tightrope walking; mountain and cliff climbing; and waterfall rope swinging.

3. Diving; whitewater rafting; motorbike riding on water; water-skiing; and parasailing.

4. Mountain, jungle and cave trekking.

Article 9. Safety measures to be taken when providing tourism products likely to affect the life and health of tourists

1. Issuing warnings and instructions on climate, weather and health conditions and relevant factors when providing these tourism products.

2. Preparing salvage and rescue plans; arranging forces to rescue tourists and promptly intervene, handle and respond to incidents, accidents and risks that occur; and maintaining and ensuring communication with tourists throughout the provision of these tourism products.

3. Arranging and employing trainers, technicians and tour guides with appropriate professional qualifications.

4. Disseminating safety regulations for tourists; and providing technical instructions for tourists before providing these tourism products.

5. Supplying equipment and supporting tools up to relevant regulations and standards for tourists, and guiding and supervising their use to ensure safety for tourists.

Article 10. Responsibilities of agencies, organizations and individuals

1. Responsibilities of organizations and individuals providing the tourism products specified in Article 8 of this Decree:

a/ To take the measures specified in Article 9 of this Decree;

b/ To send written notices at least 15 days before providing the services to provincial-level Departments of Tourism or Departments of Culture, Sports and Tourism of the localities where tourism products will be provided;

c/ To comply with other relevant regulations.

2. Responsibilities of provincial-level Departments of Tourism or Departments of Culture, Sports and Tourism:

a/ Within 15 days after receiving a notice from organizations and individuals providing the tourism products specified in Article 8 of this Decree, to conduct examination and post on their portals the lists of organizations and individuals that have applied all safety measures specified in Article 9 of this Decree.

In case an organization or individual has not yet applied all safety measures, to send a written notice requesting it/him/her to supplement such measures. This organization and individual may provide tourism services only after it/he/she fully satisfies the conditions specified in Article 9 of this Decree;

b/ To inspect, examine and supervise organizations and individuals in providing the tourism products specified in Article 8 of this Decree.

3. Responsibilities of organizations and individuals managing tourist zones or sites:

a/ To examine and supervise the observance of Article 9 of this Decree by organizations and individuals providing tourism products under their management;

b/ To comply with Clause 1 of this Article in case they directly provide tourism products;

c/ To coordinate with related organizations and individuals in organizing salvage and rescue for tourists at risk.

4. Responsibilities of travel service providers:

a/ To comply with Clause 1 of this Article in case they directly provide tourism products;

b/ To use services provided by organizations and individuals on the lists of those having taken all safety measures for tourists in case they do not directly provide these services.

Chapter IV

CONDITIONS FOR RECOGNITION OF TOURIST SITES OR ZONES

Article 11. Conditions for being recognized as a tourist site

1. Having tourism resources and delimited boundaries shown on topographic maps certified by a competent agency. The scale of these maps depends on management requirements and the terrain of the mapped area.

2. Having necessary infrastructure facilities and services for tourists, such as:

a/ Convenient transport connections and communication;

b/ Electricity and clean water;

c/ Instructional signs and information signboards about the tourist site;

d/ Catering and shopping services.

3. Satisfying the conditions on security, social order and safety, and environmental production, specifically as follows:

a/ Having a security team on watch round the clock;

b/ Publicly displaying telephone numbers and addresses of organizations and individuals managing the tourist site;

c/ Having forms of receiving and promptly settling reports and petitions of tourists;

d/ Having clean, air-ventilated and adequately lit public toilets sufficient for tourists at peak time;

dd/ Having measures to collect and dispose of garbage and wastewater discharged from tourists’ activities under the law on environmental protection; and assigning environment cleaners;

e/ Applying fire and explosion prevention and fighting measures in accordance with law.

Article 12. Conditions for being recognized as a provincial-level tourist zone

1. Having at least 1 provincial-level tourism resource; having a delimited boundary shown on topographical maps certified by a competent agency. The scale of these maps depends on management requirements and the terrain of the mapped area.

2. Having infrastructure facilities, physical and technical foundations and services meeting tourists’ accommodation, catering and other needs, such as:

a/ Grid power system and clean water supply system;

b/ Catering and shopping service facilities up to tourist service standards that can serve at least 100,000 tourists a year; and tourist accommodation establishments that can serve at least 50,000 tourists a year;

c/ Internal rules, instructional signs and information signboards about the tourist zone; instructional signs about traffic, service facilities and sightseeing places;

d/ Tour guiding services.

3. Being connected to the national transport and telecommunications infrastructure systems.

4. Satisfying the conditions on security, social order and safety, and environmental protection, specifically as follows:

a/ Having security and salvage and rescue units;

b/ Publicly displaying the telephone number and address of the organization managing the tourist zone;

c/ Having a tourist information center; and having forms of receiving and promptly settling reports and petitions of tourists;

d/ Having clean, air-ventilated and adequately-lit public toilets sufficient for tourists at peak time;

dd/ Having a garbage collection system and applying garbage treatment measures; having a residential wastewater collection and treatment system or a residential wastewater collection system linked to a centralized wastewater treatment system under the law on environmental protection; and assigning environment cleaners;

e/ Applying fire and explosion prevention and fighting measures in accordance with law.

Article 13. Conditions for being recognized as a national tourist zone

1. Having at least 2 tourism resources, including a national-level tourism resource; and having a delimited boundary shown on topographical maps as certified by a competent agency. The scale of maps depends on management requirements and the terrain of the mapped area.

2. Being included in the Prime Minister-approved list of potential areas for national tourism development.

3. Having infrastructure facilities, physical and technical foundations and high-quality and complete services meeting tourists’ accommodation, catering and other needs, such as:

a/ Having catering, shopping, sports, entertainment and recreation, and health care service facilities up to tourist service standards that can serve at least 500,000 tourists a year; and tourist accommodation establishments that can serve at least 300,000 tourists a year, including 4-star or higher-grade ones;

b/ The conditions specified at Points a, c and d, Clause 2, Article 12 of this Decree.

4. Being connected to the national transport and telecommunications infrastructure systems.

5. Satisfying the conditions on security, social order and safety, and environmental protection, specifically as follows:

a/ Having a centralized garbage and wastewater collection and treatment system under the law on environmental protection; and assigning environment cleaners;

b/ The conditions specified at Points a, b, c, d and e, Clause 4, Article 12 of this Decree.

Chapter V

TOURISM BUSINESS

Section 1

MAKING OF DEPOSITS FOR PROVISION OF TRAVEL SERVICES

Article 14. Deposit levels and deposit payment methods

1. Deposit for provision of domestic travel services: VND 100,000,000 (one hundred million).

2. Deposits for provision of international travel services:

a/ Provision of travel services for international inbound tourists: VND 250,000,000 (two hundred and fifty million);

b/ Provision of travel services for outbound tourists: VND 500,000,000 (five hundred million);

c/ Provision of travel services for international inbound tourists and outbound tourists: VND 500,000,000 (five hundred million).

3. Enterprises shall make deposits in Vietnam dong at commercial banks, cooperative banks or foreign bank branches established and operating in Vietnam and may earn interests thereon as agreed upon with the banks in accordance with law. Deposits shall be maintained throughout the period of provision of travel services.

Article 15. Making of deposits and grant of deposit certificates

1. When an enterprise wishes to pay a deposit into its account opened at a bank, the bank and the enterprise shall sign a deposit contract. Based on this contract, the bank shall block the deposit account.

2. A deposit contract must have the following principal contents: name, address and representative of the enterprise; name, address and representative of the bank; reason for deposit payment; deposit amount; deposit interest and payment thereof; use, withdrawal and refund of deposit; responsibilities of related parties; and other agreements as prescribed by law and not contrary to this Decree.

3. After blocking the deposit account, the bank shall grant a deposit certificate to the enterprise, made according to Form No. 01 in the Appendix to this Decree.

Article 16. Management and use of deposits

1. In case a tourist dies, suffers an accident or a risk or has his/her life endangered and has to be sent back to his/her place of residence or receive emergency treatment but the enterprise cannot cover expenses therefor, the enterprise shall send a written request for temporary release of its deposit to the agency granting travel business licenses (below referred to as the licensing agency). Within 48 hours after receiving the enterprise’s request, the licensing agency shall consider it and propose the bank to permit the enterprise to withdraw a sum of money from the deposit account, or refuse the request.

2. Within 30 days after withdrawing money from its deposit account, the enterprise shall add a sum of money to the deposit up to the level specified in Article 14 of this Decree. Otherwise, the bank shall report it to the licensing agency for taking handling measures in accordance with law.

3. The enterprise may send a written request for refund of its deposit to the bank in the following cases:

a/ The licensing agency issues a written notice of its refusal to grant a travel business license or stating that the deposit-receiving bank is replaced;

b/ The licensing agency issues a written notice of refund of the deposit after revoking the travel business license.

Section 2

ISSUANCE, RENEWAL, RE-ISSUANCE AND WITHDRAWAL OF TOURIST VEHICLE LOGOS

Article 17. Dossiers, order, procedures and competence for issuance of tourist vehicle logos

1. A dossier of request for issuance of a tourist vehicle logo must comprise:

a/ A written request for issuance of a tourist vehicle logo, made according to Form No. 02 in the Appendix to this Decree;

b/ A document containing information on equipment of each vehicle, service quality, and service employees on the vehicle meeting the conditions specified in Clause 3, Article 45 of the Law on Tourism;

c/ A copy of the vehicle registration certificate or the receipt showing the date of return of the vehicle registration certificate, issued by a competent agency; and a copy of the certificate of conformity from technical safety and environmental protection inspection. For a vehicle not owned by the transport business, a copy of the vehicle hiring contract signed with the vehicle owner or a copy of the service contract between a member of the transport cooperative and the cooperative is also required.

2. Order, procedures and competence for issuance of logos:

a/ A tourist transport business shall send directly or by post 1 dossier set to the provincial-level Department of Transport of the locality where its head office or branch is located;

b/ Within 2 working days, for automobiles, or 7 working days, for inland waterway crafts, after receiving a valid dossier, the provincial-level Department of Transport shall appraise the dossier and issue a logo for the tourist vehicle. In case of refusal, it shall issue a written notice or an online notice stating the reason to the tourist transport business;

c/ In the course of dossier appraisal, the provincial-level Department of Transport shall check information on the certificate of conformity from technical safety and environmental protection inspection for the vehicle via Vietnam Register’s system, and the transport business license granted to the transport business; update information in the tracking database; and issue a logo only when the vehicle’s tracking device fully satisfies the conditions on data installation and transmission under the Ministry of Transport’s regulations.

3. Tourist vehicle logos shall be made according to Form No. 03 in the Appendix to this Decree. The validity period of a logo is 7 years and must not exceed the remaining useful life of the vehicle.

Article 18. Renewal of logos

1. Cases of renewal of a logo:

a/ The owner of a tourist vehicle or the tourist transport business is changed;

b/ The logo expires.

2. The dossier, order, procedures and competence for renewal of logos must comply with Article 17 of this Decree.

Article 19. Re-issuance of logos

1. A logo may be re-issued in case it is lost or damaged.

2. Order, procedures and competence for re-issuance of a logo:

a/ A tourist transport business shall send a written request for re-issuance of a logo, made according to Form No. 02 in the Appendix to this Decree, to the provincial-level Department of Transport that has issued the logo;

b/ Within 2 working days after receiving the request, the provincial-level Department of Transport shall consider it and re-issue a logo. In case of refusal, it shall send a written notice or an online notice stating the reason to the tourist transport business.

3. The validity period of a re-issued logo is the remaining validity period of the lost or damaged logo.

Article 20. Withdrawal of logos

1. Cases of withdrawal of a logo of an inland waterway craft used for tourist transport:

a/ The conditions on operator, service employee, equipment or service quality of the craft are not satisfied as required by law;

b/ The craft meets with a traffic accident, thus no longer maintaining its technical conditions, or its technical safety and environmental protection certificate is revoked;

c/ The logo is borrowed for being attached to another craft.

2. For a by-car tourist transport business, the withdrawal of a logo must comply with the Government’s regulations on by-car transport business and conditions therefor.

3. Provincial-level Departments of Transport shall withdraw logos.

4. Transport businesses shall return logos upon receiving withdrawal notices of provincial-level Departments of Transport.

Section 3

MINIMUM CONDITIONS ON PHYSICAL AND TECHNICAL FOUNDATIONS AND SERVICES OF TOURIST ACCOMMODATION ESTABLISHMENTS

Article 21. Types of tourist accommodation establishments

1. Hotels, which are tourist accommodation establishments that satisfy quality requirements on physical foundations, equipment and services necessary for tourists, including resorts, motels, floating hotels, and urban hotels.

a/ Resorts, which are tourist accommodation establishments that are built into blocks or complexes of villas, low-rise buildings and apartments in areas with beautiful natural landscapes;

b/ Motels, which are tourist accommodation establishments located close to roads, having parking areas to cater for the accommodation need of tourists with motorbikes or cars or tourists’ rest after traveling a long road;

c/ Floating hotels, which are tourist accommodation establishments afloat on the water and movable when necessary;

d/ Urban hotels, which are tourist accommodation establishments built in urban centers for tourists.

2. Tourist villas, which are villas with equipment and utilities for rent to tourists who may use them during their stay.

3. Tourist apartments, which are apartments with necessary equipment and services for tourists who may use them during their stay.

4. Cruise ships, which are waterway crafts with bedrooms for tourists.

5. Rest houses for tourists, which are accommodation establishments with necessary equipment and utilities for tourists.

6. Houses with rooms for rent to tourists, which are houses with areas furnished with equipment and facilities for rent to tourists who live together with the owners’ families.

7. Tourist camping sites, which are planned sites in areas with beautiful natural landscapes and necessary infrastructure facilities, physical foundations and services for campers.

Article 22. Minimum conditions on physical and technical foundations and services for a hotel

1. Having power, clean water supply and water drainage systems.

2. Having at least 10 bedrooms; and having a reception desk and public toilets.

3. Having a parking area for tourists, for resorts and motels.

4. Having kitchens, dining rooms and catering services, for resorts, floating hotels and motels.

5. Having beds, mattresses, blankets, pillows, face towels and bath towels; and changing mattress covers, blanket covers, pillow cases, face towels and bath towels for newcomers.

6. Having employees on duty round the clock.

7. The manager and employees have been trained in tourism operations.

Article 23. Minimum conditions on physical and technical foundations and services for a tourist villa

1. The conditions specified in Clauses 1, 5 and 6, Article 22 of this Decree.

2. Having a reception desk, bedrooms, kitchens, bathrooms, and toilets.

Article 24. Minimum conditions on physical and technical foundations and services for a tourist apartment

1. The conditions specified in Clauses 1 and 5, Article 22, and Clause 2, Article 23, of this Decree.

2. The manager has been trained in tourism operations.

Article 25. Minimum conditions on physical and technical foundations and services for a cruise ship

1. Being in good conditions and having a valid inspection and certification certificate; and having life jackets, life buoys, communication devices, and first aid cabinets.

2. Having electricity and clean water; and garbage and wastewater collection equipment to keep the environment clean.

3. Having a reception desk, cabins, bath rooms, toilets, kitchens, dining rooms and catering services.

4. The conditions specified in Clauses 5 and 7, Article 22 of this Decree.

5. The manager and service employees have been trained in tourism operations and sea rescue skills.

Article 26. Minimum conditions on physical and technical foundations and services for a rest house for tourists

1. Having electricity, clean water and a water drainage system.

2. Having a reception desk and bedrooms; and having public bathrooms and toilets if bedrooms have no bathroom and toilet.

3. The conditions specified in Clauses 5, 6 and 7, Article 22 of this Decree.

Article 27. Minimum conditions on physical and technical foundations and services for a house with rooms for rent to tourists

1. Having lamps and clean water.

2. Having a place for collective activities; rooms for tourists; and a kitchen, bathroom and toilet.

3. Having a bed, mattress or sedge mat; having a blanket, pillow, mosquito net, face towel and bath towel; and changing the mattress cover or sedge mat, blanket cover, pillow case, face towel and bath towel when having a new tourist.

4. The house owner has been trained in tourism operations.

Article 28. Minimum conditions on physical and technical foundations and services for a tourist camping site

1. Having a reception area and places for setting up tents and camps, a parking area, and public bathrooms and toilets.

2. Having clean water.

3. Having utensils and equipment for setting up tents and camps; and having first-aid cabinets.

4. Having a security guard on watch when there are campers.

5. The conditions specified in Clause 6, Article 22 of this Decree.

Article 29. Examination and supervision of minimum conditions on physical and technical foundations and services of tourist accommodation establishments

1. At least 15 days before operating, a tourist accommodation establishment shall send a written notice to the provincial-level Department of Tourism or Department of Culture, Sports and Tourism of the locality where it is located, stating:

a/ The name, type and size of the establishment;

b/ The address of the establishment, and information on its at-law representative;

c/ The commitment on its eligibility to provide tourist accommodation services specified in Article 49 of the Law on Tourism, and this Decree.

2. Based on its approved working plan or in an unplanned case prescribed by law, the provincial-level Department of Tourism or Department of Culture, Sports and Tourism of the locality where a tourist accommodation establishment is located shall examine minimum conditions on physical and technical foundations and services for tourists. Within 7 working days after finishing the examination, this Department shall send a written notice of the examination result to the establishment.

In case the tourist accommodation establishment does not satisfy the minimum conditions required for its type as prescribed in this Decree, the provincial-level Department of Tourism or Department of Culture, Sports and Tourism shall request the establishment to satisfy the prescribed conditions or change its type as appropriate. The establishment shall send a written notice of such satisfaction or change to the provincial-level Department of Tourism or Department of Culture, Sports and Tourism.

3. In case a tourist accommodation establishment submits a dossier of request for rating at the time it commences business activities, the agency competent to appraise dossiers and recognize ratings defined in Clause 3, Article 50 of the Law on Tourism shall combine the examination of minimum conditions with appraisal and rating of the establishment.

Chapter VI

THE TOURISM DEVELOPMENT SUPPORT FUND

Article 30. Sources of the Tourism Development Support Fund

1. The Tourism Development Support Fund shall be formed as follows:

a/ Its charter capital shall be allocated from the state budget for the first 3 years. Capital allocation shall be made after the Prime Minister issues an establishment decision and approves the organization and operation charter of the Fund;

b/ Annually, the state budget shall allocate additional funds equal to 10% of the total annual budget revenue from collected charges for grant of visas and immigration-related papers to foreigners and 5% of the total annual budget revenue from collected entrance fees at tourist zones and sites;

c/ Voluntary and lawful financial donations and contributions of domestic and foreign enterprises, organizations and individuals;

d/ Interests on the Fund’s bank deposits;

dd/ Other lawful revenues prescribed by law.

2. The Fund’s balance of the previous year shall be carried forward to the subsequent year for further use.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 21. Effect

1. This Decree takes effect on January 1, 2018.

2. The Government’s Decree No. 92/2007/ND-CP of June 1, 2007, detailing a number of articles of the Law on Tourism (Decree No. 92/2007/ND-CP); the Government’s Decree No. 180/2013/ND-CP of November 14, 2013, amending and supplementing a number of articles of Decree No. 92/2007/ND-CP; and Clause 4, Article 2 of the Government’s Decree No. 01/2012/ND-CP of January 4, 2012, amending, supplementing, replacing or annulling the regulations relating to administrative procedures under the management of the Ministry of Culture, Sports and Tourism, cease to be effective on the date this Decree takes effect.

Article 32. Transitional provisions

1. Tourist accommodation establishments rated under decisions of competent state agencies before the effective date of this Decree shall be considered satisfying minimum conditions on physical and technical foundations and services for tourists until these decisions expire.

2. Pending the announcement of the list of tourism resources by the Ministry of Culture, Sports and Tourism, tourist zones shall be considered and recognized as provincial- or national-level ones based on the nature of existing tourism resources and their satisfaction of other conditions.

3. Logos issued for tourist vehicles before the effective date of this Decree may be further used until their expiry dates.

Article 33. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.