Decree No. 45/2019/ND-CP penalties for administrative violations in tourism

THE GOVERNMENT

Decree No. 45/2019/ND-CP dated May 21, 2019 of the Government on penalties for administrative violations in tourism

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

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;

Pursuant to the Law on Tourism dated June 19, 2017;

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

The Government promulgates a Decree on penalties for administrative violations in tourism.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree sets forth administrative violations, penalties, amounts of fines, remedial measures, power to impose penalties, power to make an administrative offense report in tourism.

2. Other administrative violations in tourism not elsewhere set forth in this Decree shall apply regulations of other decrees of the Government on penalties for administrative violations in relevant sectors.

Article 2. Subjects of application

1. Vietnamese organizations and individuals engaging in tourism in Vietnam’s territory and abroad; foreign organizations and individuals engaging in tourism in Vietnam’s territory.

2. Organizations being entities subject to penalties for administrative violations in tourism under this Decree include:

a) Tourism enterprises incorporated and operating under Vietnam’s law;

b) Branches and representative offices of tourism enterprises;

c) Tourism cooperatives, cooperatives unions;

d) Representative offices in Vietnam of foreign tourism agencies, international and regional tourism organizations;

dd) Tourism socio-professional organizations;

e) Management boards of tourist attractions, tourist areas, tourism public sector entities;

g) Guest houses, hostels of regulatory agencies providing tourist accommodation services.

3. Individuals being entities subject to penalties for administrative violations in tourism under this Decree, not specified in Clause 2 of this Article.

4. Persons having power to make administrative offense reports and impose penalties for administrative violations.

5. Other relevant agencies, organizations, and individuals.

Article 3. Penalties for administrative violations

1. Principal penalties

For each administrative violation in tourism, the wrongdoer must face one of following principal penalties:

a) Warnings;

b) Fines.

2. Additional penalties

Depending on nature and severity of the administrative violation in tourism, the wrongdoer may face single or multiple additional penalty(ies) below:

a) Having the following papers suspended for 1 to 24 months: license for tour operator business; tour guide badges; decision on recognition of rating of tourist accommodation establishments; decision on recognition of other tourism service business qualified for provision of services for tourists; decision on recognition of tourist attractions; decision on recognition of tourist areas; badge of tourist transport vehicles;

b) Having the operation mandatorily suspended for 1 to 6 months;

c) Having the following exhibits of administrative violations confiscated: fake license for tour operator business; fake tour guide badge; fake badge of tourist transport vehicles.

Article 4. Remedial measures

A wrongdoer committing administrative violation in tourism, apart from penalties prescribed in Article 3 hereof, may face single or multiple remedial measure(s) below:

1. Enforced transfer of the profits earned from administrative violations.

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