Decree No. 180/2013/ND-CP of November 14, 2013, amending and supplementing a number of articles of the Government’s Decree No. 92/2007/ND-CP of June 1, 2007, detailing a number of articles of the Law on Tourism

THE GOVERNMENT

Decree No. 180/2013/ND-CP of November 14, 2013, amending and supplementing a number of articles of the Government’s Decree No. 92/2007/ND-CP of June 1, 2007, detailing a number of articles of the Law on Tourism

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 14, 2005 Law on Tourism;

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

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 92/2007/ND-CP of June 1, 2007, detailing a number of articles of the Law on Tourism.

Article 1.To amend and supplement a number of articles of the Government’s Decree No. 92/2007/ND-CP of June 1, 2007, detailing a number of articles of the Law on Tourism as follows:

1. To amend the title of, and add Clause 3 to, Article 10 as follows:

“Article 10.Management of tourist resorts and spots

3. Contents of management of tourist spots:

a/ Complying with Points g, i, j, and k, Clause 1 of Article 10;

b/ Ensuring the participation of local communities in tourism activities under Article 7 of the Law on Tourism;

c/ Ensuring environmental sanitation, fire prevention and fighting and safety of tourists;

d/ Publicizing specific plans on development of national tourist spots with natural tourist resources.”

2. To add Articles 12a, 12b and 12c to after Article 12 as follows:

“Article 12a.Travel business

Travel business includes the following lines:

1. Domestic travel business;

2. International travel business:

a/ Travel business for inbound tourists;

b/ Travel business for outbound tourists;

c/ Travel business for inbound and outbound tourists.

3. Travel agency business.

Article 12b. Revocation of international travel business licenses

An international travel business license is revoked in the following cases:

1. The cases specified at Points a, b and d, Clause 3, Article 47 of the Law on Tourism;

2. The cases specified at Point c, Clause 3, Article 47 of the Law on Tourism, including:

a/ The enterprise violates Clause 1, 2, 3, 4, 5 or 7, Article 12 of the Law on Tourism;

b/ The enterprise fails to conduct international travel business according to the registered business line and scope;

c/ The enterprise fails to fulfill the obligations specified in Clause 5, Article 40 of the Law on Tourism causing loss of lives of tourists;

d/ The enterprise fails to change its license under Article 49 of the Law on Tourism;

dd/ The enterprise fails to report on the results of international travel business for consecutive 18 months;

e/ The enterprise fails to satisfy one of international travel business conditions specified in Clauses 3 and 5, Article 46 of the Law on Tourism;

g/ The enterprise has been administratively sanctioned for violations of international travel business conditions specified in Clause 4, Article 46 of the Law on Tourism;

h/ The enterprise has forged its documents and papers for grant, change or re-grant of the international travel business license.

Article 12c.Procedures for revocation of international travel business licenses

1. Procedures for the revocation of international travel business licenses of enterprises which terminate their international travel business provided at Point a, Clause 3, Article 47 of the Law on Tourism are specified as follows:

a/ Within 10 days after issuing the decision on operation termination, the enterprise shall send directly or by post to the Ministry of Culture, Sports and Tourism a written notice of international travel business termination (made according to the form provided in Appendix to this Decree) enclosed with the international travel business license and the report on valid contracts of international travel and plans for fulfillment of responsibilities for such contracts;

b/ Within 5 working days after receiving a complete and valid dossier, the Ministry of Culture, Sports and Tourism shall issue a decision to revoke the international travel business license, and send it to the enterprise and provincial-level state agencies in charge of immigration, tourism, tax and business registration office of the locality where the enterprise is headquartered, and concurrently post the information on the website on management of travel enterprises;

If the dossier is incomplete or invalid, within 3 working days after receiving the dossier, the Ministry of Culture, Sports and Tourism shall notify such in writing to the enterprise for supplementing the dossier;

c/ After fulfilling responsibilities for tourists under signed contracts of international travel, the enterprise shall send a report to the Ministry of Culture, Sports and Tourism enclosed with documents proving the fulfillment of these  responsibilities. The Ministry of Culture, Sports and Tourism shall consider and issue a document on deposit refund under regulations.

2. Procedures for revocation of international travel business licenses for the cases specified at Points b and d, Clause 3, Article 47 of the Law on Tourism and Clause 2, Article 12b added to Clause 2, Article 1 of this Decree are specified as follows:

a/ The Ministry of Culture, Sports and Tourism shall issue a notice of the violation, and request the enterprise to give written explanations;

b/ Within 10 days from the expiration of the explanation time limit, if the enterprise does not send or its explanations are unreasonable, the Ministry of Culture, Sports and Tourism shall issue a decision to revoke its international travel license, and send it to the enterprise and provincial-level state agencies in charge of immigration, tourism, tax and business registration office of the locality where the enterprise is headquartered, and concurrently post the information on the website on management of travel enterprises;

c/ Within 30 days from the effective date of the decision on revocation of license, the enterprise shall return the license to the Ministry of Culture, Sports and Tourism and report on valid contracts of international travel business and plans for fulfillment of responsibilities for such contracts;

d/ After fulfilling responsibilities for tourists under signed contracts of international travel, the enterprise shall send a report to the Ministry of Culture, Sports and Tourism enclosed with documents proving the fulfillment of these responsibilities. The Ministry of Culture, Sports and Tourism shall consider and issue a document on deposit refund under regulations.”

3. To amend and supplement Article 15 as follows:

“Article 15.Deposit in international travel business

Deposit in international travel business is provided as follows:

1. An international travel enterprise shall make a deposit in accordance with law. The deposit money must be sent into a bank account and enjoy an interest rate as agreed between the enterprise and the deposit-receiving bank in accordance with law.

2. The deposit level in international travel business:

a/ VND 250 million, for enterprises doing travel business for inbound tourists;

b/ VND 500 million, for enterprises doing travel business for outbound tourists or both inbound and outbound tourists.

3. The deposit money of international travel enterprises is used to settle arising problems when the enterprise fails to perform or fully perform its obligations in international travel business.

4. Deposit money in international travel business may be refunded in the following cases:

a/ The Ministry of Culture, Sports and Tourism issues a notice not to grant an international travel business license to the enterprise;

b/ The Ministry of Culture, Sports and Tourism issues a decision to revoke the international travel business license of the enterprise;

c/ The investment certificate-granting agency issues a decision to revoke the investment certificate or delete the travel business line in the investment certificate of the foreign-invested travel enterprise.

5. The Ministry of Culture, Sports and Tourism and the State Bank of Vietnam shall specify the management and use of deposits of enterprises.”

4. To amend Clause 2 of Article 36 as follows:

“2. The Ministry of Culture, Sports and Tourism shall coordinate with competent state agencies in charge of tourist resorts and tourist spots in stipulating the training in professional knowledge and skills and criteria for tourist narrators, as well as issuance and withdrawal of tourist narrator’s certificates.”

5. To add Clause 1a to before Clause 1 of Article 43 as follows:

“1a. The Ministry of Finance shall submit tourism related charges and fees to the Government for addition to the list of charges and fees.”

6. To annul Article 42.

Article 2.Transitional provisions

Enterprises which have been granted international travel business licenses before this Decree takes effect may continue operation according to their licenses but, within 12 months after this Decree takes effect, shall re-register their travel business scope and satisfy all travel business conditions prescribed in this Decree.

Article 3.Effect

1. This Decree takes effect on January 1, 2014.

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

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG