THE NATIONAL ASSEMBLY | | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness |
No. 09/2017/QH14 | | |
TOURISM LAW[2]
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Tourism Law.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law prescribes tourism resources, development of tourism products and tourism activities; rights and obligations of tourists, organizations and individuals doing tourism business, other agencies, organizations and individuals and communities engaged in tourism-related activities; and state management of tourism.
Article 2. Subjects of application
1. Vietnamese agencies, organizations and individuals carrying out tourism activities in Vietnam’s territory and foreign countries.
2. Foreign organizations and individuals carrying out tourism activities in Vietnam’s territory.
3. State management agencies in charge of tourism, other agencies, organizations, individuals and communities engaged in tourism-related activities.
Article 3. Interpretation of terms
In this Law, the terms below are construed as follows:
1. Tourism means activities related to a trip taken by people outside their places of permanent residence for no more than 1 year without interruption for the purposes of sightseeing, leisure, recreation, tourism resource exploration and discovery or in combination with other lawful ones.
2. Tourist means a person who travels for tourism or for another purpose combined with tourism, except those who study or work to get paid at the places of destination.
3. Tourism activities means activities of tourists, organizations and individuals doing tourism business, and agencies, organizations, individuals and communities engaged in tourism-related activities.
4. Tourism resources means natural landscapes, natural elements and cultural values which serve as a basis for creation of tourism products and formation of tourist zones and attractions to meet tourism demand. Tourism resources include natural tourism resources and cultural tourism resources.
5. Tourism product means a combination of services which are provided on the basis of exploiting the values of tourism resources to meet tourists’ demands.
6. Tourist zone means an area having an advantage in tourism resources which is zoned off and invested for development in order to meet diverse needs of tourists. Tourist zones include provincial-level tourist zones and national tourist zones.
7. Tourist attraction means a place with tourism resources which is invested and exploited to serve tourists.
8. Tour program means a document showing the itinerary, services and prices which have been fixed in advance for a tourist’s trip from the place of departure to the place of conclusion of the trip.
9. Provision of travel services means the formulation, sale and organization of part or the whole of a tour program for tourists.
10. Tour guiding means activities of providing information, connecting services, and guiding and supporting tourists in using services under a tour program.
11. Tour guide means a person who is granted a card for practicing tour guiding.
12. Tourist accommodation establishment means a place where services are provided to meet accommodation needs of tourists.
13. Tourism promotion means activities of market research, public information, advertising and marketing in order to seek and boost tourism development opportunities and attract tourists.
14. Sustainable tourism development means the development of tourism that concurrently satisfies socio-economic and environmental requirements and ensures the harmony of interests among subjects engaged in tourism activities without harming the ability of satisfying tourism demand in the future.
15. Community-based tourism means a type of tourism which is developed based on cultural values of communities, is managed and organized by local communities for their benefits.
16. Eco-tourism means a type of nature-based tourism which is associated with the local cultural identity, involves local communities and is combined with environmental education.
17. Cultural tourism means a type of tourism which is developed on the basis of exploiting cultural values, contributing to conserving and promoting traditional cultural values and honoring new cultural values of mankind.
18. Tourism environment means the natural environment and social environment where tourism activities take place.
Article 4. Tourism development principles
1. To develop tourism sustainably with priorities and focuses according to strategies, master plans and plans.
2. To develop tourism in association with conserving and promoting the values of national cultural heritages and natural resources, exploiting the advantages of each locality, and enhancing regional connectivity.
3. To guarantee the national sovereignty, national defense and security, social order and safety, expand external relations and international integration, and promote the image of the Vietnamese land and people.
4. To ensure national interests, community interests, lawful rights and interests of tourists and tourism business organizations and individuals.
5. To develop both domestic and international tourism; to respect and treat all tourists equally.
Article 5. Tourism development policies
1. The State shall adopt policies to mobilize every resource for tourism development to turn tourism into a spearhead industry of the country.
2. Tourism business organizations and individuals are entitled to the highest level of investment supports and incentives adopted by the State.
3. The State shall prioritize the allocation of funds for the following activities:
a/ Surveying, assessing, protecting, embellishing and promoting tourism resource values;
b/ Tourism planning;
c/ Promoting tourism and building national and local tourism brands;
d/ Building infrastructure facilities serving tourism development.
4. The State shall adopt policies to encourage and support the following activities:
a/ Investing in the development of technical and physical foundations and hi-quality tourism services;
b/ Studying and setting orientations for development of tourism products;
c/ Training and developing human resources for the tourism sector;
d/ Investing in the development of new tourism products which have positive effects on the environment and attract the involvement of local communities; investing in the development of sea and island tourism, eco-tourism, community-based tourism, cultural tourism and other specific tourism products;
dd/ Applying scientific and technological advances to tourism management and development;
e/ Developing tourism in areas with tourism potential; employing local people in tourism;
g/ Investing in the formation of large tourism service complexes; duty-free shops and shopping centers serving tourists.
5. The State shall adopt policies to create favorable conditions for tourists in travel, stay, entry and exit, customs and value-added tax refund procedures and ensure their other lawful rights and interests.
Article 6. Participation of local communities in tourism development
1. Local communities are entitled to participate in and enjoy lawful benefits from tourism activities and are responsible for protecting local tourism resources and cultural identities, maintaining security, social order and safety, and protecting the environment.
2. Conditions shall be created for local communities to invest in tourism development, restore and promote diversified genres of folklore culture and arts, traditional crafts and trades, and produce local goods for tourists, thus contributing to improving the material and spiritual lives of local people.
Article 7. Tourism socio-professional organizations
1. Tourism socio-professional organizations shall be established and operate in accordance with the law on associations.
2. Tourism socio-professional organizations have the following responsibilities:
a/ To comply with law and protect lawful rights and interests of their members;
b/ To participate in the formulation, dissemination, education about, and supervision of the implementation of, the tourism law and policies;
c/ To participate in tourism promotion and tourism knowledge training; evaluation, consultation on and appraisal of professional standards, operations and service quality of tourism businesses and human resources; to build a sound business environment for their members; to mobilize social resources for tourism activities in accordance with law;
d/ To organize the implementation of professional ethical rules and mobilize and urge their tourism business members to ensure quality services;
dd/ To detect and propose competent state agencies to handle violations of the tourism and environmental protection laws.
Article 8. Protection of the tourism environment
1. The tourism environment shall be protected, embellished and developed into a green, clean, secure, safe, sound and civilized one.
2. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, issue regulations to protect, embellish and develop the tourism environment.
3. Local administrations at all levels shall take measures to protect, embellish and develop the tourism environment in conformity with local realities.
4. Tourism business organizations and individuals shall collect and dispose of wastes discharged from their business operations; remedy negative environmental impacts caused by their business operations; and take measures to prevent and fight against social evils in their business operations.
5. Tourists, local communities and other organizations and individuals shall protect and preserve landscapes, the environment, and national cultural identities, customs and practices, and behave in a civilized and polite manner in order to elevate the image of the land, people and tourism of Vietnam.
Article 9. Prohibited acts in tourism activities
1. Causing harms to the national sovereignty, interests, defense and security, social order and safety, cultural traditions, morality, and fine customs and practices.
2. Abusing tourism activities to illegally bring people from Vietnam abroad or vice versa.
3. Infringing upon tourism resources and environment.
4. Discriminating against tourists, earning illicit profits from tourists; scrambling for tourists, or compelling tourists to buy goods or services.
5. Doing tourism business without satisfying business conditions, having no business licenses or failing to maintain business conditions in the course of operation as prescribed by this Law and other relevant laws.
6. Using travel business licenses of other enterprises or allowing other organizations or individuals to use ones’ own travel business licenses to do business.
7. Working as tour guides when failing to meet conditions for their practice.
8. Advertising tourist accommodation establishments not true to their types and ratings recognized by competent state agencies or with types and ratings not yet recognized by competent state agencies.
9. Other prohibited acts as prescribed by other relevant laws.
Chapter II
TOURISTS
Article 10. Types of tourists
1. Tourists include domestic tourists, inbound tourists and outbound tourists.
2. Domestic tourists are Vietnamese nationals and foreigners residing in Vietnam who travel within the Vietnamese territory.
3. Inbound tourists are foreigners and overseas Vietnamese who visit Vietnam for tourism purposes.
4. Outbound tourists are Vietnamese nationals and foreigners residing in Vietnam who travel abroad for tourism purposes.
Article 11. Rights of tourists
1. To use tourism services provided by tourism business organizations and individuals or to arrange their trips by themselves.
2. To request tourism business organizations and individuals to provide information on tour programs, services and places of destination under signed contracts.
3. To be created with favorable conditions in terms of entry, exit, transit, customs, residence and travel in Vietnam’s territory in accordance with law and treaties to which the Socialist Republic of Vietnam is a contracting party.
4. To have their lawful rights and interests guaranteed under contracts signed with tourism business organizations and individuals or tourism service providers.
5. To be treated equally, to have their life, health and property safely protected while using tourism services; to have their honor and dignity respected; to be rescued in cases of emergency.
6. To complain about, denounce and sue against violations of the tourism law.
7. To lodge petitions on tourism-related issues with organizations and individuals managing tourist zones and tourist attractions, tourism service providers and competent state agencies.
8. To be compensated for damage in accordance with law.
Article 12. Obligations of tourists
1. To comply with Vietnam’s laws and laws of countries and territories where they travel to; to behave in a civilized manner, respect local customs, traditions and cultural identities, protect and preserve tourism resources and environment; not to cause harms to the image and cultural traditions of Vietnam.
2. To abide by internal rules of tourist zones, tourist attractions and tourism service providers.
3. To pay service charges under contracts, charges, fees and other payables in accordance with law.
4. To pay compensation for damage in accordance with the civil law.
Article 13. Security for tourists
1. Competent state agencies shall, within the ambit of their tasks and powers, take measures to ensure security and social order and safety in tourist zones and attractions.
2. Organizations and individuals managing tourist zones and tourist attractions shall take measures to prevent and control risks and organize tourist security and rescue units.
3. Organizations and individuals managing tourist zones and tourist attractions shall give warnings about risks to tourists; timely notify and instruct tourists in case of emergency; apply necessary measures and coordinate with related agencies, organizations and individuals in rescuing tourists.
Article 14. Settlement of petitions of tourists
1. Tourism business organizations and individuals or those managing tourist zones or attractions shall receive and promptly handle tourists’ petitions falling under their management.
2. People’s Committees at all levels shall, within the ambit of their tasks and powers, receive and settle petitions of tourists in their localities.
3. The Ministry of Culture, Sports and Tourism shall, within the ambit of their tasks and powers, receive and settle or coordinate with competent state agencies in, settling petitions of tourists.
Chapter III
TOURISM RESOURCES, DEVELOPMENT OF TOURISM PRODUCTS AND TOURISM PLANNING
Article 15. Types of tourism resources
1. Natural tourism resources include natural landscapes, geological, geomorphologic, climatic and hydrographic elements, ecosystems, and other natural elements which may be used for tourism purposes.
2. Cultural tourism resources include historical-cultural relics, revolutionary, archaeological, and architectural relics; traditional cultural values, traditional festivals, folklore arts and other cultural values; and man-made creative works which may be used for tourism purposes.
Article 16. Survey of tourism resources
1. The Ministry of Culture, Sports and Tourism shall assume the prime responsibility for, and coordinate with provincial-level People’s Committees and related state agencies in, surveying, assessing and classifying tourism resources for tourism planning purposes; manage, exploit and promote the value of tourism resources and develop tourism products.
2. The Government shall detail this Article.
Article 17. Responsibilities for management, protection and exploitation of tourism resources
1. The State shall adopt policies to manage, protect, embellish, reasonably exploit, and promote the value of, tourism resources nationwide for sustainable tourism development.
2. The Ministry of Culture, Sports and Tourisms shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and provincial-level People’s Committees in, managing, protecting, embellishing, reasonably exploiting, and promoting the value of, tourism resources.
3. Agencies, organizations, individuals and local communities managing tourism resources shall protect, invest in, and embellish tourism resources, create favorable conditions for tourists to visit and enjoy the values of tourism resources; coordinate with competent state agencies in charge of tourism in protecting and exploiting tourism resources for other economic purposes.
4. Tourists, tourism business organizations and individuals and local communities shall protect tourism resources.
Section 2
DEVELOPMENT OF TOURISM PRODUCTS
Article 18. Building and development of tourism products
1. Organizations and individuals may create, develop and trade in tourism products to meet tourists’ needs in accordance with law.
2. The Government shall adopt policies to support the development of key tourism products in each region and the whole country in each period to meet market demands on the basis of assessing and classifying tourism resources.
3. The Government shall specify measures to ensure safety for tourists using risky tourism products.
Article 19. Development of community-based tourism
1. Individuals and households in localities where community-based tourism is developed are prioritized and encouraged to provide accommodation and catering services and guide tourists to visit and experience local cultures and lifestyles; make traditional and handicraft goods, and provide other services for tourists.
2. Provincial-level People’s Committees shall study, survey and select places having development potential for community-based tourism; adopt policies to support the procurement of initial equipment and provision of tourism knowledge and skills training for individuals and households engaged in providing tourism services; support the promotion of community-based tourism products.
3. Commune-level People’s Committees of localities where community-based tourism is developed shall organize information and propagation activities to raise public awareness; assume the prime responsibility for formulating community commitments to preserve cultural identities, protect the environment and adopt civilized behaviors to tourists.
4. Organizations and individuals engaged in community-based tourism exploitation and development shall respect the cultures and lifestyles of, and share benefits from tourism activities with, local communities.
Chapter III
TOURISM PLANNING
Article 20. Tourism planning principles
1. Ensuring conformity with national socio-economic development and defense and security strategies and master plans; strategies of the tourism sector and other master plans approved by competent state agencies in each period.
2. Exploiting and using in a reasonable and efficient manner tourism resources and conserving historical-cultural relics and natural heritages in the direction of sustainable development combined with environmental protection and climate change response.
3. Ensuring the connectivity among localities in a region and among different regions nationwide; exploiting and tapping to the utmost existing infrastructure; bringing into full play the potential and advantages of each region and locality to develop tourism products.
4. Minimizing negative impacts of tourism development on socio-economic conditions and the environment.
5. Guaranteeing the participation of agencies, organizations, local communities and individuals in the formulation of master plans; ensuring the harmony of interests between the State and local communities and between regions and localities.
6. Ensuring scientificity and applying modern technologies in the planning process; satisfying standards and technical regulations as well as national socio-economic development and international integration requirements.
Article 21. Tourism planning contents
1. Identifying the position, role and advantages of tourism in national, regional and local socio-economic development.
2. Analyzing and assessing the potential and current status of tourism resources, tourism environment and tourism market; and the possibility of attracting investment and resources for tourism development.
3. Determining tourism development viewpoints and objectives; projecting tourism development targets and preparing justifications for tourism development plans.
4. Setting orientations for spatial organization of tourism and developing the system of physical and technical foundations for tourism.
5. Setting orientations for development of tourism products and tourism markets.
6. Setting orientations for tourism development investment; identifying geographical areas and projects prioritized for investment and their investment capital.
7. Setting orientations for protection of tourism resources and environment in accordance with law.
8. Giving recommendations on policies and solutions for tourism management and development under planning.
Article 22. Formulation, management and implementation of tourism master plans
1. The formulation of tourism master plans must comply with the principles and contents of tourism planning prescribed in Articles 20 and 21 of this Law and other relevant laws.
2. The Government shall stipulate the formulation, management and implementation of tourism master plans.
Chapter IV
TOURIST ATTRACTIONS AND TOURIST ZONES
Article 23. Conditions for recognition of tourist attractions
1. Conditions for recognition of a tourist attraction include:
a/ Having tourism resources and clearly defined boundaries;
b/ Having necessary infrastructure facilities and services for tourists;
c/ Meeting conditions on security, social order and safety and environmental protection as prescribed by law.
2. The Government shall detail this Article.
Article 24. Dossiers, order, procedures and competence for recognition of tourist attractions
1. A dossier of request for recognition of a tourist attraction must comprise:
a/ A request for recognition of a tourist attraction, made according to the form provided by the Minister of Culture, Sports and Tourism;
b/ A written description of satisfaction of the conditions for recognition of tourism attractions prescribed in Clause 1, Article 23 of this Law.
2. The order, procedures and competence for recognition of tourist attractions are prescribed below:
a/ An organization or individual owning or managing a tourism attraction shall send 1 dossier set to the specialized agency performing the state management of tourism under the provincial-level People’s Committee (below referred to as provincial-level tourism agency) of the locality where exists the tourist attraction;
b/ Within 20 days after receiving a valid dossier, the provincial-level tourism agency shall appraise and submit it to the provincial-level People’s Committee;
c/ Within 10 days after receiving appraisal results, the provincial-level People’s Committee shall issue a decision to recognize the tourism attraction; in case of refusal, it shall issue a written reply clearly stating the reason.
3. In case a tourist attraction no longer meets the conditions prescribed in Clause 1, Article 23 of this Law, the concerned provincial-level People’s Committee shall revoke its recognition decision.
Article 25. Rights and obligations of organizations and individuals managing tourist attractions
1. Organizations and individuals managing tourist attractions have the following rights:
a/ To invest in, exploit and protect tourism resources;
b/ To issue internal rules; to provide services for tourists;
c/ To provide tour guiding services; to regulate and manage the employment of tourist guides under their management;
d/ To collect charges in accordance with law.
2. Organizations and individuals managing tourist attractions have the following obligations:
a/ To maintain the conditions prescribed in Clause 1, Article 23 of this Law;
b/ To create favorable conditions for tourists to visit the attractions;
c/ To manage and supervise the provision of tourist services in the area under their management;
d/ To ensure safety for tourists, social order and safety and environmental protection at the tourist attractions;
dd/ To receive and timely settle tourists’ petitions which fall under their management.
Article 26. Conditions for recognition of tourist zones
1. Conditions for recognition of a tourist zone include:
a/ Having tourism resources with natural landscapes or cultural values as an advantage; having a clearly defined boundary;
b/ Having infrastructure facilities, physical and technical foundations and services meeting accommodation and other needs of tourists;
c/ Being connected to the national transport and telecommunications systems;
d/ Meeting conditions on security, social order and safety and environmental protection prescribed by law.
2. Conditions for recognition of a national tourist zone include:
a/ Having diversified and especially attractive tourism resources with natural landscapes or cultural values as an advantage; having a clearly defined boundary;
b/ Being included in the list of areas potential for development of national tourist zones approved by a competent state agency;
c/ Having infrastructure facilities, physical and technical foundations and high-quality services meeting accommodation and other needs of tourists;
d/ Meeting the conditions prescribed at Points c and d, Clause 1 of this Article.
3. The Government shall detail this Article.
Article 27. Dossiers, order, procedures and competence for recognition of provincial-level tourist zones
1. A dossier of request for recognition of a provincial-level tourist zone must comprise:
a/ A request for recognition of a provincial-level tourist zone, made according to the form provided by the Minister of Culture, Sports and Tourism;
b/ A written description of satisfaction of the conditions for recognition of provincial-level tourist zones prescribed in Clause 1, Article 26 of this Law.
2. The order, procedures and competence for recognition of a provincial-level tourist zone are prescribed as follows:
a/ The district-level or organization managing the tourist zone shall submit 1 dossier set to the provincial-level tourism agency of the locality where the tourist zone exists;
b/ Within 45 days after receiving a complete dossier, the provincial-level tourism agency shall appraise and submit the dossier to the provincial-level People’s Committee;
c/ Within 15 days after receiving appraisal results, the provincial-level People’s Committee shall issue a decision to recognize the provincial-level tourist zone; in case of refusal, it shall issue a written reply clearly stating the reason.
3. In case the tourist zone is located in 2 or more district-level administrative units, the provincial-level tourism agency shall make a dossier of request for recognition as a provincial-level tourist zone. The provincial-level People’s Committee shall form an appraisal council and decide to recognize the zone as a provincial-level tourist zone.
4. In case a tourist zone no longer meets the conditions prescribed in Clause 1, Article 26 of this Law, the concerned provincial-level People’s Committee shall revoke its recognition decision.
Article 28. Dossiers, order, procedures and competence for recognition of national tourist zones
1. A dossier of request for recognition of a national tourist zone must comprise:
a/ A dossier of request for recognition of a national tourist zone, made according to the form provided by the Minister of Culture, Sports and Tourism;
b/ A written description of satisfaction of the conditions for recognition of national tourist zones prescribed in Clause 2, Article 26 of this Law.
2. The order, procedures and competence for recognition of a national tourist zone are prescribed below:
a/ The provincial-level People’s Committee shall submit 1 dossier set to the Vietnam National Administration of Tourism;
b/ Within 45 days after receiving a complete dossier, the Vietnam National Administration of Tourism shall appraise the dossier and submit it to the Minister of Culture, Sports and Tourism;
c/ Within 15 days after receiving appraisal results, the Minister of Culture, Sports and Tourism shall issue a recognition decision and coordinate with the provincial-level People’s Committee in announcing the national tourist zone; in case of refusal, the ministry shall issue a written reply clearly stating the reason.
3. In case the tourist zone is located in 2 or more provincial-level administrative units, the Ministry of Culture, Sports and Tourism shall make a dossier of request for recognition of a national tourism zone and submit it to the Prime Minister for decision.
4. In case a national tourist zone no longer satisfies the conditions prescribed in Clause 2, Article 26 of this Law, the person competent to recognize the national tourist zone shall revoke its recognition decision.
Article 29. Management of tourist zones
1. Contents of management of tourist zones:
a/ Managing planning and development investment activities;
b/ Managing the provision of tourism services and operations of tour guides;
c/ Managing the investment in, exploitation and protection of tourism resources;
d/ Ensuring safety for tourists; social order and safety and environmental protection in tourist zones;
dd/ Erecting signboards, instruction boards and information kiosks serving tourists;
e/ Other contents as prescribed by law.
2. The Government shall prescribe the model of management of national tourism zones; provincial-level People’s Committees shall prescribe the model of management of provincial-level tourist zones.
Chapter V
TOURISM BUSINESS
Section 1
TRAVEL SEVICES
Article 30. Scope of provision of travel services
1. Provision of domestic travel services for domestic tourists.
2. Provision of international travel services for inbound and outbound tourists.
3. Enterprises providing international travel services may provide international and domestic travel services, except the case prescribed in Clause 4 of this Article.
4. Foreign-invested enterprises may only provide international travel services for inbound tourists, unless otherwise prescribed by treaties to which the Socialist Republic of Vietnam is a contracting party.
Article 31. Conditions for provision of travel services
1. Conditions for provision of domestic travel services include:
a/ Being an enterprise established in accordance with the enterprise law;
b/ Having paid a deposit for provision of domestic travel services at a bank;
c/ The person in charge of travel business must possess an intermediate or a higher degree in travel business; those who have an intermediate or a higher degree in another discipline must also possess a certificate of domestic tour operation.
2. Conditions for provision of international travel services include:
a/ Being an enterprise established in accordance with the enterprise law;
b/ Having paid a deposit for provision of international travel services at a bank;
c/ The person in charge of travel business must possess a college or higher degree in travel business; those who have a college or higher degree in another discipline must also possess a certificate of international tour operation.
3. Enterprises that meet the business conditions prescribed in Clause 1 of this Article shall be granted domestic travel business licenses; those meeting the business conditions prescribed in Clause 2 of this Article shall be granted international travel business licenses.
Charges for appraisal and grant of international travel business licenses and domestic travel business licenses must comply with the law on charges and fees.
4. The Government shall stipulate in detail the payment of deposits for provision of travel services prescribed at Point b, Clause 1, and Point b, Clause 2, of this Article.
5. The Minister of Culture, Sports and Tourism shall stipulate in detail persons in charge of travel business; contents of training and retraining and organization of exams and grant of certificates of domestic and international tour operation.
Article 32. Dossiers, order, procedures and competence for grant of domestic travel business licenses
1. A dossier of application for a domestic travel business license must comprise:
a/ An application for a domestic travel business license, made according to the form provided by the Minister of Culture, Sports and Tourism;
b/ A certified copy of the enterprise registration certificate;
c/ A certificate of payment of deposit for doing travel business;
d/ A certified copy of the appointment decision or labor contract between the enterprise providing travel services and the person in charge of travel business;
dd/ Certified copies of diplomas and certificates of the person in charge of travel business prescribed at Point c, Clause 1, Article 31 of this Law.
2. The order, procedures and competence for grant of a domestic travel business license are prescribed below:
a/ An enterprise applying for a domestic travel business license shall submit 1 dossier set to the provincial-level tourism agency of the locality where it is headquartered;
b/ Within 10 days after receiving a valid dossier, the provincial-level tourism agency shall appraise it and grant a domestic travel business license to the enterprise; in case of refusal, it shall issue a written reply clearly stating the reason.
3. The Minister of Culture, Sports and Tourism shall issue the form of domestic travel business license.
Article 33. Dossiers, order, procedures and competence for grant of international travel business licenses
1. A dossier of application for an international travel business license must comprise:
a/ An application for an international travel business license, made according to the form provided by the Minister of Culture, Sports and Tourism;
b/ A certified copy of the enterprise registration certificate or investment registration certificate granted by a competent state agency;
c/ A certificate of payment of deposit for doing travel business;
d/ Certified copies of diplomas and certificates of the person in charge of travel business prescribed at Point c, Clause 1, Article 31 of this Law;
dd/ A certified copy of the appointment decision or labor contract between the enterprise providing travel services and the person in charge of travel business prescribed at Point c, Clause 2, Article 31 of this Law.
2. The order, procedures and competence for grant of an international travel business license are prescribed below:
a/ An enterprise applying for an international travel business license shall submit 1 dossier set to the Vietnam National Administration of Tourism;
b/ Within 10 days after receiving a valid dossier, the Vietnam National Administration of Tourism shall appraise it and grant an international travel business license to the enterprise and notify thereof to the provincial-level tourism agency of the locality where the enterprise is headquartered; in case of refusal, it shall issue a written reply clearly stating the reason.
3. The Minister of Culture, Sports and Tourism shall issue the form of international travel business license.
Article 34. Re-grant of travel business licenses
1. In case their travel business licenses are lost or damaged, enterprises may request re-grant of licenses.
2. The order, procedures and competence for re-grant of a travel business license are prescribed below:
a/ The concerned enterprise shall send a request for re-grant of a travel business license, made according to the form provided by the Minister of Culture, Sports and Tourism, to the state agency competent to grant the license;
b/ Within 5 working days after receiving the request, the state agency competent to grant the license shall re-grant the license to the enterprise; in case of refusal, it shall issue a written reply clearly stating the reason.
The Vietnam National Administration of Tourism shall notify the re-grant of an international travel business license to the provincial-level tourism agency of the locality where the concerned enterprise is headquartered.
Article 35. Renewal of travel business licenses
1. An enterprise may request renewal of its travel business license in the following cases:
a/ Change of the enterprise registration certificate or investment registration certificate;
b/ Change of the scope of the international travel business.
2. A dossier of request for renewal of a travel business license must comprise:
a/ A request for renewal of a travel business license, made according to the form provided by the Minister of Culture, Sports and Tourism;
b/ The enterprise’s travel business license;
c/ A certified copy of the enterprise registration certificate of investment registration certificate, for the case prescribed at Point a, Clause 1 of this Article; the certificate of payment of deposit for doing travel business in conformity with the scope of business, for the case prescribed at Point b, Clause 1 of this Article.
3. The order and procedures for renewal of a travel business license are prescribed below:
a/ An enterprise shall submit 1 dossier set to the competent state agency having granted the license;
b/ Within 5 working days after receiving the request, the competent state agency having granted the license shall renew the license for the enterprise; in case of refusal, it shall issue a written reply clearly stating the reason.
The Vietnam National Administration of Tourism shall notify the renewal of an international travel business license to the provincial-level tourism agency of the locality where the concerned enterprise is headquartered.
Article 36. Revocation of travel business licenses
1. An enterprise may have its travel business license revoked in the following cases:
a/ It terminates travel business, dissolves or goes bankrupt;
b/ It fails to meet one of the conditions for doing travel business prescribed in Clause 1 or 2, Article 31 of this Law;
c/ It fails to renew its travel business license under Clause 1, Article 35 of this Law;
d/ It causes harms to the national sovereignty, national interests, defense or security;
dd/ It abuses tourism activities to illegally bring people abroad from Vietnam or vice versa;
e/ It lets other organizations or individuals use its travel business license to do business;
g/ It fails to fully perform the obligations prescribed at Point i, Clause 1, Article 37 of this Law, causing serious damage to the life, health and property of tourists;
h/ It has falsified the dossier of application for, or request for re-grant or renewal of, its travel business license.
2. An enterprise that has its travel business license revoked under Point b or c, Clause 1 of this Article may only apply for a travel business license after 6 months counting from the effective date of the license revocation decision. An enterprise that has its travel business license revoked under Point d, dd, e, g or h, Clause 1 of this Article may only apply for a travel business license after 12 months counting from the effective date of the license revocation decision.
3. The Minister of Culture, Sports and Tourism shall stipulate the order and procedures for revocation of travel business licenses.
Article 37. Rights and obligations of enterprises providing travel services
1. An enterprise providing domestic travel services has the following rights and obligations:
a/ To develop, advertise, sell, and provide tourism services or organize tour programs for tourists within the scope of business stated in its license;
b/ To maintain the conditions for doing travel business prescribed in Clause 1, Article 31 of this Law; to clearly display its name, serial number of its travel business license on the name boards at its head office, branch(es) and transaction office(s) and in travel contracts, advertising publications and electronic transactions;
c/ To notify replacement of the person in charge of travel business, send a dossier of the replacing person to the competent licensing agency within 15 days after the replacement;
d/ To provide information on tour programs, tourism services and tourism attractions to tourists;
dd/ To buy insurance for tourists for the period of implementation of tour programs, unless tourists have already had an insurance policy covering the whole tour programs;
e/ To employ tour guides to serve tourists under travel contracts; to be held responsible for tour guides’ performance during the period of serving tourists under contracts;
g/ To abide by, disseminate and instruct tourists to abide by the law and regulations of places of destination, behave in a civilized manner, respect cultural identities, traditions and customs of Vietnam as well as places of destination; to coordinate with competent state agencies in timely handling violations committed by tourists during their tours;
h/ To comply with regulations on reporting, statistics, accounting and dossier archival as prescribed;
i/ To apply measures to ensure the safety of tourists and their property; to timely notify competent state agencies of accidents and risks occurring to tourists and take remedial measures;
k/ To manage tourists under tour programs as agreed with tourists.
2. An enterprise providing international travel services for inbound tourists has the following rights and obligations:
a/ The rights and obligations prescribed at Points a, c, d, dd, e, g, h, i and k, Clause 1 of this Article;
b/ To maintain the conditions for doing travel business prescribed in Clause 2, Article 31 of this Law; to publicly display its name, serial number of its travel business license on the nameboards at its head office, branch(es) and transaction office(s) and in travel contracts, advertising publications and electronic transactions;
c/ To assist tourists in carrying out entry, exit, transit and customs procedures.
3. An enterprise providing international travel services for outbound tourists has the following rights and obligations:
a/ The rights and obligations prescribed at Points a, c, d, dd, e, g, h, i and k, Clause 1, and Points b and c, Clause 2, of this Article;
b/ To employ international tour guides to accompany outbound tourists under travel contracts; to be held responsible for activities of tour guides during the period of accompanying outbound tourists.
Article 38. Foreign-invested travel service enterprises
1. Foreign investors may contribute capital together with Vietnamese partners to establishing travel service enterprises in accordance with Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party.
2. Conditions, dossiers, order, procedures and competent for grant, re-grant, renewal and revocation of travel business licenses of foreign-invested enterprises must comply with Articles 31, 33, 34, 35 and 36 of this Law.
3. Foreign-invested travel service enterprises have the rights and obligations prescribed in Clause 2, Article 37 of this Law.
Article 39. Travel contracts
1. A travel contract is the agreement on implementation of a tour program between an enterprise providing travel services and an enterprise or a tourist or his/her representative.
2. Travel contracts shall be made in writing.
3. A travel contract must have the following contents:
a/ Clear descriptions of the quantity, quality and prices, time and method of provision of services under the tour program;
b/ The value of the contract and method of payment;
c/ Liability exemption in force majeure circumstances;
d/ Conditions and financial liabilities relating to the modification or cancellation of the contract;
dd/ Insurance for tourists.
Article 40. Travel agency business
1. Travel agency business means a business whereby an organization or individual undertakes to sell tour programs of travel service enterprises to tourists to enjoy commissions.
2. Organizations and individuals acting as travel agents shall register their business with a competent state agency and sign agency contracts with travel service enterprises.
3. In case a tourist buys a tour program via a travel agent, the travel contract shall be signed between the tourist and the travel service enterprise being the principal; the contract must indicate the name and address of the travel agent.
Article 41. Travel agency contracts
1. A travel agency contract shall be be made in writing between the principal being a travel service business and an agent being an organization or individual doing travel agency business.
2. A travel agency contract must have the following contents:
a/ Names and addresses of the principal and the agent;
b/ Tour programs, prices of tour programs assigned to the agent, commission rates, time of payment;
c/ Rights and responsibilities of the parties;
d/ Validity period of the agency contract.
Article 42. Responsibilities of principals
1. To inspect and supervise the performance of contracts by travel agents.
2. To organize tour programs sold by travel agents; to be held responsible before tourists for tour programs assigned to travel agents.
3. To instruct and provide travel agents with information relating to tour programs.
Article 43. Responsibilities of travel agents
1. To notify provincial-level tourism agencies of the time of commencement of their business operation, business locations and information on their principals.
2. To sell tours with the contents and at the prices as stated in the agency contracts; not to organize tour programs.
3. To make and keep dossiers on tours already sold to tourists in accordance with law.
4. To hang travel agent signboards at easy-to-notice positions at their offices.
Article 44. Vietnam-based representative offices of foreign travel service enterprises
1. The establishment of Vietnam-based representative offices of foreign travel service enterprises must comply with the commercial law.
2. Provincial-level tourism agencies shall receive and appraise dossiers, and grant, re-grant, modify, extend and revoke licenses for establishment of Vietnam-based representative offices of foreign travel service enterprises.
Section 2
TOURIST TRANSPORTATION
Article 45. Tourist transportation business
1. Tourist transportation business means the provision of air, sea, land waterway, railway or road transportation services under tour programs and at tourist zones and tourist attractions.
2. Individuals and organizations doing tourist transportation business prescribed in Clause 1 of this Article must meet the conditions for doing transportation business; technical regulations and environmental protection requirements applicable to vehicles used for transportation; conditions on vehicle drivers, assistants, equipment and service quality applicable to each type of vehicle in accordance with law.
3. The Ministry of Transport shall prescribe conditions on vehicle drivers, assistants, equipment and service quality on tourist vehicles after consulting the Ministry of Culture, Sports and Tourism.
Article 46. Issuance of tourist vehicle logos
1. Tourist vehicles shall be issued with logos if meeting the conditions prescribed in Clause 2, Article 45 of this Law.
2. Tourist vehicles having logos may be used to transport tourists under contracts and are given with priority in terms of places to anchor, stop and park for picking up and dropping off tourists at airports, wharves, railway stations and car terminals, in tourist zones, near tourist attractions, tourist accommodation establishments and tourism service places under regulations of local administrations.
3. The Government shall prescribe the order, procedures and competence to issue tourist vehicle logos.
Article 47. Rights and obligations of tourist transportation business organizations and individuals
1. To transport tourists under contracts signed with travel service enterprises or tourists along appropriate routes;
2. To buy insurance for tourists according to type of vehicle.
3. To maintain prescribed standards and conditions throughout the process of operating vehicles.
4. To display tourist vehicle logos at easy-to-notice positions on vehicles.
Section 3
TOURIST ACCOMMODATION
Article 48. Types of tourist accommodation establishments
1. Hotel.
2. Tourist villa.
3. Tourist apartment.
4. Cruise ship.
5. Tourist hostel.
6. Room for rent to tourists.
7. Tourist campsite.
8. Other tourist accommodation establishments.
Article 49. Conditions for provision of tourist accommodation services
1. Conditions for provision of tourist accommodation services include:
a/ Having registered tourist accommodation business;
b/ Meeting conditions on security, social order and safety, fire prevention and fighting, environmental protection and food safety as prescribed by law;
c/ Meeting minimum conditions on physical foundations and services for tourists.
2. The Government shall detail Point c, Clause 1 of this Article.
Article 50. Rating of tourist accommodation establishments
1. Organizations and individuals providing tourist accommodation services may voluntarily register for rating of their tourist accommodation establishments with competent state agencies.
2. Hotels, tourist villas, tourist apartments and cruise ships shall be rated according to the national standard on rating of tourist accommodation establishments. Ratings of tourist accommodation establishments include 1-star, 2-star, 3-star, 4-star and 5-star.
2. The competence to appraise and recognize ratings of tourist accommodation establishments is prescribed below:
a/ The Vietnam National Administration of Tourism shall appraise and recognize 4- and 5-star tourist accommodation establishments;
b/ Provincial-level tourism agencies shall appraise and recognize 1-star, 2-star and 3-star tourist accommodation establishments.
4. A dossier of registration for recognition of the rating of a tourist accommodation establishment must comprise:
a/ A request for recognition of the rating of a tourist accommodation establishment, made according to the form provided by the Minister of Culture, Sports and Tourism;
b/ The quality evaluation by the tourist accommodation establishment itself according to the national standard on rating of tourist accommodation establishments;
c/ A list of its mangers and staff members;
d/ Certified copies of degrees, diplomas and certificates of professional training and written certifications of the period of working in the tourism sector of its manager and sectional heads.
5. The order and procedures for recognition of the rating of a tourist accommodation establishment are prescribed below:
a/ The organization or individual providing tourist accommodation services shall send 1 dossier set to a competent state agency prescribed in Clause 3 of this Article. In case the dossier is invalid, within 3 working days after receiving it, the competent state agency shall notify such in writing clearly stating requirements for modification or supplementation;
b/ Within 30 days after receiving a valid dossier, the competent state agency shall assume the prime responsibility for, and coordinate with the tourism socio-professional organization in, appraising and issuing a decision recognizing the rating of the tourist accommodation establishment; in case of refusal, it shall issue a written reply clearly stating the reason.
6. A decision recognizing the rating of a tourist accommodation establishment will be valid for 5 years. When the decision expires, if the organization and individual providing tourist accommodation services wishes to register for re-rating of its/his/her establishment, it/he/she shall comply with Clauses 4, 5 and 7 of this Article.
7. The charge for appraisal and rating of tourist accommodation establishments must comply with regulations on charges and fees.
8. The board displaying the rating of a tourist accommodation establishment shall be affixed at the main entrance of the establishment.
The Minister of Culture, Sports and Tourism shall provide the form of the board displaying the rating of tourist accommodation establishments.
Article 51. Recognition and quality inspection of tourist accommodation establishments
1. The Vietnam National Administration of Tourism shall make public a list of tourist accommodation establishments it has rated according to its competence; guide and inspect the rating of tourist accommodation establishments by provincial-level tourism agencies; and organize the quality inspection of tourist accommodation establishments nationwide.
2. Each provincial-level tourism agency shall make public a list of tourist accommodation establishments it has rated according to its competence; and organize the quality inspection of tourist accommodation establishments in its locality.
Article 52. Revocation of decisions recognizing or changing the rating of tourist accommodation establishments
1. State agencies competent to recognize the ratings of tourist accommodation establishments shall revoke decisions recognizing the rating of tourist accommodation establishments that fail to maintain their quality up to the standard relevant to their recognized ratings.
2. When there are changes in physical and technical foundations or services, organizations and individuals providing tourist accommodation services shall request competent agencies to re-appraise and recognize the ratings of their tourist accommodation establishments. The dossiers, order and procedures for change of the ratings of tourist accommodation establishments must comply with Clauses 4, 5, 6 and 7, Article 50 of this Law.
Article 53. Rights and obligations of organizations and individuals providing tourist accommodation services
1. Organizations and individuals providing tourist accommodation services have the following rights:
a/ To refuse to receive tourists who violate the law or internal rules of their tourist accommodation establishments or in case their tourist accommodation establishments are no longer capable of meeting tourists’ needs;
b/ To cancel contracts on provision of services to tourists who violate the law or internal rules of their tourist accommodation establishments.
2. Organizations and individuals providing tourist accommodation services have the following obligations:
a/ To maintain the conditions for provision of tourist accommodation services prescribed in Clause 1, Article 49 of this Law;
b/ To post up selling prices of goods and services and the internal rules of their tourist accommodation establishments;
c/ To pay compensation for damage caused to tourists in accordance with the civil law;
d/ To notify in writing provincial-level tourism agencies of the localities where their tourist accommodation establishments are located of any changes in the names, scale, addresses and at-law representatives of their establishments;
dd/ To use the word “star” or the star image to advertise the ratings of their tourist accommodation establishments only after the rating is recognized by a competent state agency;
e/ To comply with reporting, statistics and accounting regulations.
3. Organizations and individuals providing tourist accommodation services whose tourist accommodation establishments’ ratings have been recognized have the following rights and obligations:
a/ The rights and obligations prescribed in Clauses 1 and 2 of this Article;
b/ To hang the boards displaying the ratings of their tourist accommodation establishments and advertise their tourist accommodation establishments stating their types and recognized ratings;
c/ To maintain the quality of their tourist accommodation establishments in conformity with the types and recognized ratings.
Section 4
OTHER TOURISM SERVICES
Article 54. Types of other tourism services
1. Catering services.
2. Shopping services.
3. Sports services.
4. Entertainment and recreation services.
5. Health care services.
6. Other services for tourists.
Article 55. Development of other types of tourism services
The State shall encourage the following activities:
1. To invest in and build restaurant chains, food quarters and food festivals in order to conserve and promote traditional culinary values and acquire the quintessence of the world’s cuisine;
2. To invest in and build shopping streets and centers, chains of stores trading in home-made goods, souvenirs and fine art and craft items, and duty-free shops; to organize annual sales promotion programs;
3. To invest in the development of tourism services in association with sports on the basis of tourism resources and terrain advantages of Vietnam; to hold sport events to attract tourists;
4. To develop and organize traditional and contemporary art performances; to connect the network of museums and theaters with tourism activities; to make use of traditional games and festivals to attract tourists; to build theme parks and recreational parks;
5. To provide medical services, health care services and beauty care services on the basis of applying traditional and modern medicine;
6. To provide related services to meet tourists’ needs in accordance with law.
Article 56. Recognition of other tourism service establishments as meeting tourist service standards
1. Organizations and individuals providing other tourism services may voluntarily register with competent state agencies for their tourism service establishments to be recognized as meeting tourist service standards.
2. A dossier of registration for recognition must comprise:
a/ A request made according to the form provided by the Minister of Culture, Sports and Tourism;
b/ A written description of satisfaction of tourist service standards.
3. The order, procedures and competence to recognize are prescribed below:
a/ The organization or individual providing other tourism services shall send 1 dossier set to the provincial-level tourism agency of the locality where its/his/her establishment is located;
b/ Within 20 days after receiving a valid dossier, the provincial-level tourism agency shall appraise the dossier and recognize the establishment’s satisfaction of tourist service standards; in case of refusal, it shall issue a written reply clearly stating the reason.
4. The charge of appraisal and recognition of establishments providing other tourism services’ satisfaction of tourist service standards must comply with the law on charges and fees.
5. The decision recognizing an establishment providing other tourism services to satisfy tourist service standards is valid for 3 years. When the decision expires, if the organization or individual providing other tourism services wishes to have its/his/her tourism service establishment recognized as satisfying tourist service standards, it/he/she shall comply with Clauses 2, 3 and 4 of this Article.
6. Provincial-level tourism agencies shall inspect and examine quality of establishments providing other tourism services in their localities which have been recognized as satisfying tourist service standards; and revoke recognition decisions in accordance with law in case these establishments fail to meet tourist service standards.
7. The Minister of Culture, Sports and Tourism shall promulgate tourist service standards and prescribe the model signboard of satisfaction of tourist service standards for establishments providing other tourism services.
Article 57. Rights and obligations of establishments providing other tourism services recognized as satisfying tourist service standards
1. To be included in the national tourism promotion database.
2. To be prioritized in participating in tourism promotion activities organized by central and local state management agencies in charge of tourism.
3. To display the signboards of satisfaction of tourist service standards and use such recognition to advertise theemselves and attract tourists.
4. To maintain business conditions and tourist service standards as prescribed by this Law and other relevant law throughout their operation.
Chapter VI
TOUR GUIDES
Article 58. Tour guides, tour guide’s cards
1. Tour guides include international tour guides, domestic tour guides and on-spot tour guides.
2. The scope of practice of tour guides is prescribed as follows:
a/ International tour guides may guide domestic tourists and inbound tourists to Vietnam all over the country and accompany outbound tourists abroad;
b/ Domestic tour guides may guide domestic tourists being Vietnamese nationals all over the country;
c/ On-spot tour guides may guide tourists within the premises of tourist zones or tourist attractions.
3. Conditions for practicing as a tour guide include:
a/ Possessing a tour guide’s card;
b/ Having signed a labor contract with an enterprise providing travel services or tour guiding services or being a member of the tour guiding socio-professional organization, for international tour guides and domestic tour guides;
c/ Having signed a tour guiding contract with an enterprise providing travel services or having a document on assignment of tour guiding tasks under tour programs; or having been assigned by organizations or individuals managing tourist zones or tourist attractions, for on-spot tour guides.
4. Tour guide’s cards include international tour guide’s cards, domestic tour guide’s cards and on-spot tour guide’s cards.
Each international tour guide’s card or domestic tour guide’s card is valid for 5 years.
5. The charge for appraisal and grant of tour guide’s cards must comply with the law on charges and fees.
Article 59. Conditions for grant of tour guide’s cards
1. Conditions for grant of a domestic tour guide’s card:
a/ Having Vietnamese citizenship and residing in Vietnam;
b/ Having full civil act capacity;
c/ Suffering no contagious diseases and not using narcotics;
d/ Possessing an intermediate or a higher degree in tour guiding, or, if possessing an intermediate or a higher degree in another discipline, possessing a domestic tour guiding training certificate.
2. Conditions for grant of an international tour guide’s card:
a/ Meeting the conditions prescribed at Points a, b and c, Clause 1 of this Article;
b/ Possessing a college or higher degree in tour guiding, or, if possessing a college or higher degree in another discipline, possessing an international tour guiding training certificate;
c/ Having good command of the foreign language registered for practice.
3. Conditions for grant of an on-spot tourist guide’s card:
a/ Meeting the conditions prescribed at Points a, b and c, Clause 1 of this Article;
b/ Passing the exams on on-spot tour guiding operations organized by a provincial-level tourism agency.
4. The Minister of Culture, Sports and Tourism shall specify the form of tour guide’s cards, contents of training and re-training, organization of exams and grant of tour guiding training certificates; contents of examinations on on-spot tour guiding skills; and foreign language skills standards.
Article 60. Dossiers, order, procedures and competence for grant of international tour guide’s cards and domestic tour guide’s cards
1. A dossier of application for an international tour guide’s card or a domestic tour guide’s card must comprise:
a/ An application for a tour guide’s card, made according to the form provided by the Minister of Culture, Sports and Tourism;
b/ The applicant’s resume, certified by the commune-level People’s Committee of the locality where he/she resides;
c/ Certified copies of diplomas and certificates relevant to the conditions prescribed at Point d, Clause 1 or Points b and c, Clause 2, Article 59 of this Law;
d/ The applicant’s health certificate, issued by a competent medical examination and treatment establishment within 6 months counting to the date of dossier submission;
dd/ Two 3 cm x 4 cm color portrait photos.
2. The order, procedures and competence to grant an international tour guide’s card or a domestic tour guide’ card are prescribed below:
a/ The applicant shall submit 1 dossier set to the provincial-level tourism agency;
b/ Within 15 days after receiving a valid dossier, the provincial-level tourism agency shall grant a tour guide’s card to the applicant; in case of refusal, it shall issue a written reply clearly stating the reason.
Article 61. Dossiers, order, procedures and competence for grant of on-spot tour guide’s cards
1. A dossier of application for a tour guide’s card must comprise:
a/ An application for a tour guide’s card, made according to the form provided by the Minister of Culture, Sports and Tourism;
b/ The papers specified at Points b, d and dd, Clause 1, Article 60 of this Law.
2. The order, procedures and competence to grant on-spot tour guide’s cards are prescribed below:
a/ Annually, provincial-level tourism agencies shall make public their plans on organization of exams on on-spot tour guiding skills;
b/ Applicants for on-spot tour guide’s cards shall each submit 1 dossier set to the concerned provincial-level tourism agency;
c/ Provincial-level tourism agencies shall organize exams and grant on-spot tour guide’s cards to persons passing the exams within 10 days after obtaining examination results.
Article 62. Renewal of tour guide’s cards
1. International tour guides and domestic tour guides shall carry out procedures for renewal of their tour guide’s cards when they expire.
2. A dossier of request for renewal of a tour guide’s card must comprise:
a/ A request for renewal of a tour guide’s card, made according to the form provided by the Minister of Culture, Sports and Tourism;
b/ The papers specified at Points b, d and dd, Clause 1, Article 60 of this Law;
c/ A certified copy of the certificate of participation in a refresher course for tour guides, issued by a competent state agency;
d/ The granted tour guide’s card.
3. The order and procedures for renewal of a tour guide’s card are prescribed below:
a/ The requester shall submit 1 dossier set to the state agency competent to grant the card;
b/ Within 10 days after receiving a valid dossier, the state agency competent to the card shall renew the card for the requester; in case of refusal, it shall issue a written reply clearly stating the reason.
4. The Minister of Culture, Sports and Tourism shall stipulate in detail refresher courses and certificates of participation in these courses for international and domestic tour guides.
Article 63. Re-grant of tour guide’s cards
1. A tour guide’s card shall be re-granted in case it is lost or damaged or when there is change in the information stated therein. The validity period of the re-granted card is equal to the remaining validity period of the granted one.
2. A dossier of request for re-grant of a tour guide’s card must comprise:
a/ A request for re-grant of a tour guide’s card, made according to the form provided by the Minister of Culture, Sports and Tourism;
b/ Two 3 cm x 4 cm color portrait photos;
c/ Certified copies of papers related to the change in the content of the card, in case of requesting re-grant of a tour guide’s card due to change of information stated therein.
3. The order and procedures for re-grant of a tour guide’s card are prescribed below:
a/ The requester shall submit 1 dossier set to the state agency competent to grant the card;
b/ Within 10 days after receiving a valid dossier, the state agency competent to grant the card shall re-grant the card to the requester; in case of refusal, it shall issue a written reply clearly stating the reason.
Article 64. Revocation of tour guide’s cards
1. A tour guide that commits one of the following acts shall have his/her tour guide’s card revoked:
a/ Causing harms to the national sovereignty, interests, defense or security;
b/ Allowing others to use his/her tour guide’s card to practice as a tour guide;
c/ Failing to maintain conditions for practice or conditions for grant of tour guide’s cards in accordance with this Law;
d/ Having falsified the dossier for application for, or request for renewal or re-grant of, a tour guide’s card.
2. State agencies competent to grant tour guide’s cards shall decide to revoke tour guide’s cards and announce the revocation on the tour guide management website of the Vietnam National Administration of Tourism and their websites.
3. A tour guide whose tour guide’s card is revoked may apply for a new tour guide’s card only after 12 months counting from the date of revocation.
Article 65. Rights and obligations of tour guides
1. Tour guides have the following rights:
a/ To join socio-professional organizations of tour guides;
b/ To receive wages and other remunerations under contracts;
c/ To participate in tour guiding training courses;
d/ In case of emergency or force majeure events, to change tour programs and adjust services or standards of services provided to tourists.
2. Tour guides have the following obligations:
a/ To guide tourists in conformity with their assigned tasks or tour guiding contracts;
b/ To abide by and instruct tourists to abide by Vietnam’s law, laws of countries of destination, and internal rules at sightseeing places; and respect local customs and practices;
c/ To provide tourists with information about tour programs, services and their lawful rights and interests;
d/ To instruct tourists to follow tour programs, to behave toward tourists in a civilized and thoughtful manner; to report to persons in charge of travel business on their decisions to change tour programs in case tourists so request;
dd/ To assist in protecting the safety of tourists and their property;
e/ To participate in refresher courses as prescribed in Clause 4, Article 62 of this Law;
g/ To wear tour guide’s cards while working;
h/ While working, international and domestic tour guides shall bring along assignment papers issued by enterprises organizing tour programs and the tour programs in Vietnamese, or in Vietnamese and foreign languages, in case of serving foreign tourists.
Article 66. Responsibilities to manage tour guides
1. The Ministry of Culture, Sports and Tourism shall inspect and examine the grant of tour guide’s cards, tour guiding training and retraining and tour guiding activities nationwide.
2. Provincial-level tourism agencies shall inspect and examine the tour guiding training and retraining and tour guiding activities in their localities.
3. Enterprises providing travel services and enterprises providing tour guiding services shall:
a/ Inspect and supervise tour guides in the observance of law and contracts signed with the enterprises;
b/ Provide tour guiding knowledge and skill re-training for tour guides.
Chapter VIII
TOURISM PROMOTION, THE TOURISM DEVELOPMENT SUPPORT FUND
Section 1
TOURISM PROMOTION
Article 67. Contents of tourism promotion
1. To promote and introduce the Vietnamese land and people; historical-cultural relics, beautiful landscapes; man-made creative works; and national cultural identities in order to attract tourists.
2. To build and develop tourism brands of the country and each region, locality and enterprise; to research into tourism markets and develop and promote tourism products in conformity with tourists’ tastes.
3. To promote public information to improve public awareness about tourism, thus contributing to ensuring a secure, safe, healthy and civilized tourism environment and bringing into play the nation’s tradition of hospitality.
4. To mobilize, seek opportunities and concentrate resources on developing tourism infrastructure and technical and physical foundations; diversifying tourism services and improving their quality.
Article 68. Tourism promotion activities
1. The Ministry of Culture, Sports and Tourism shall formulate, and organize the implementation of, national strategies, plans and programs on tourism promotion; and coordinate inter-regional and inter-provincial tourism promotion activities.
2. Ministries, ministerial-level agencies and People’s Committees at all levels shall, within the ambit of their tasks and powers, formulate, and organize the implementation of, strategies, plans and programs on tourism promotion in the fields and localities under their management in conformity with national tourism promotion strategies, plans and programs.
3. Tourism socio-professional organizations and related enterprises, organizations and individuals shall take the initiative in formulating, and organizing the implementation of, plans and programs on tourism promotion at home and abroad in conformity with national tourism promotion strategies, plans and programs, and in establishing overseas tourism promotion offices. Enterprises’ expenses for tourism promotion shall be accounted as their business expenses.
Article 69. Establishment of Vietnam-based representative offices of foreign tourism authorities and international and regional tourism organizations
1. Foreign tourism authorities and international and regional tourism organizations may establish their representative offices in Vietnam.
2. Dossiers of application for establishment of representative offices must be consularly legalized, each comprising:
a/ An application for establishment of a representative office, made according to the form provided by the Minister of Culture, Sports and Tourism;
b/ The decision on the establishment of the concerned foreign tourism authority or international or regional tourism organization;
c/ The foreign tourism authority’s or international or regional tourism organization’s decision on establishment of a representative office;
d/ The decision on appointment of the head of the representative office.
3. The order and procedures for establishment of a Vietnam-based representative office are prescribed below:
a/ The head of the representative office shall submit 1 dossier set to the Ministry of Culture, Sports and Tourism;
b/ Within 30 days after receiving a valid dossier, the Ministry of Culture, Sports and Tourism shall appraise and submit the dossier to the Prime Minister for consideration and decision;
c/ Within 5 working days after receiving the Prime Minister’s opinion, the Ministry of Culture, Sports and Tourism shall issue a written reply to the head of the representative office.
Section 2
THE TOURISM DEVELOPMENT SUPPORT FUND
Article 70. Establishment of the Tourism Development Support Fund
1. The Tourism Development Assistance Fund is an off-budget state financial fund which has the legal person status, its own seal and accounts, and is established and has its organization and operation charter approved by the Prime Minister.
2. The Tourism Development Support Fund is exempted from taxes and other payables to the state budget in accordance with law.
3. The Tourism Development Assistance Fund shall be formed from the following sources:
a/ Charter capital allocated from the state budget;
b/ Annual allocations from the state budget deducted from proceeds from sightseeing fee, and fees for grant of visa and papers relating to the entry into or exit from Vietnam to foreigners;
c/ Voluntary and lawful donations and contributions of enterprises, organizations and individuals at home and abroad.
d/ Other lawful sources in accordance with law.
4. The Government shall detail Clause 3 of this Article.
Article 71. Purposes of the Tourism Development Support Fund
1. Promoting tourism at home and abroad.
2. Supporting market research and tourism product development.
3. Supporting the training and development of human resources for the tourism sector.
4. Supporting public information activities for community-based tourism.
Article 72. Principles of operation of the Tourism Development Support Fund
1. To operate not for profits; to preserve its charter capital and cover management expenses by itself.
2. To collect revenues and make expenditures, finalize revenues and expenditures, disclose its financial and assets and perform accounting work in accordance with law.
3. To submit to the examination, inspection and audit by state management agencies in charge of finance and state audit offices of its financial operations.
4. To operate in a public, transparent, efficient, effective and lawful manner strictly according to its operation purpose.
5. The year-end balance of the Tourism Development Support Fund may be carried forward to the subsequent year for further use.
Chapter VIII
STATE MANAGEMENT OF TOURISM
Article 73. Responsibilities of the Government for state management of tourism
1. The Government shall perform the unified state management of tourism.
2. The Ministry of Culture, Sports and Tourism shall act as the focal point assisting the Government in performing the state management of tourism and has the following tasks and powers:
a/ To promulgate, or submit to competent state agencies for promulgation, and organize the implementation of, legal documents on tourism; strategies, master plans, plans and policies on tourism development; list of places having potentials for development into national tourist zones;
b/ To coordinate and associate trans-national, inter-regional and inter-provincial tourism activities;
c/ To formulate national standards and technical regulations on tourism; to build tourism development databases;
d/ To coordinate with related agencies and tourism socio-professional organizations in disseminating and educating about the tourism law;
dd/ To organize and manage the training and retraining of human resources for tourism sector and research into and application of science and technology in the tourism sector; to guide e-transactions in the tourism sector;
e/ To survey and assess tourism resources;
g/ To enter into international cooperation on tourism; to promote tourism at home and abroad;
h/ To manage and organize the grant and revocation and licenses, tour guide’s cards and other written certifications related to tourism activities;
i/ To socialize the investment and development of tourism products, tourism promotion and training and re-training of human resource for the tourism sector;
k/ To examine, inspect, settle complaints and denunciations and handle violations of the tourism law.
Article 74. Responsibilities of ministries and ministerial-level agencies for state management of tourism
1. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Culture, Sports and Tourism in, performing the state management of tourism.
2. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Culture, Sports and Tourism and related state agencies in, promulgating or proposing competent state agencies to promulgate policies on incentives and supports for investment in the tourism sector; mobilize resources and attract investment for tourism development; incorporate contents related to tourism development into socio-economic development strategies, programs, master plans and plans.
3. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Culture, Sports and Tourism and related state agencies in, promulgating or proposing competent state agencies to promulgate financial, tax and customs policies to facilitate tourism development; ensure financial resources for national tourism promotion activities.
4. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with the Ministry of Culture, Sports and Tourism and related state agencies in, promulgating or proposing competent state agencies to promulgate policies to encourage production and supply of goods, souvenirs, craft products and high-quality services to serve tourism development, build the network of duty-free shops serving tourists in a number of key tourism areas; integrate tourism promotion with trade promotion.
5. The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Culture, Sports and Tourism and related state agencies in, publicizing the image of the Vietnamese land and people; advise on visa policies to serve tourism development.
Article 75. Responsibilities of People’s Committees at all levels for state management of tourism
1. Provincial-level People’s Committees shall, within the ambit of their tasks and powers, perform the state management of tourism in their localities; and implement tourism development strategies, master plans and plans in conformity with local realities.
2. People’s Committees at all levels have the following tasks and powers:
a/ To promulgate, or submit to competent state agencies for promulgation incentive policies to attract investment so as to exploit local tourism potentials and advantages; to support the development of community-based tourism;
c/ To ensure security and social order and safety; food safety in tourist zones and tourist attractions, and places with a large number of tourists;
d/ To promote public information and raise public awareness to ensure a friendly, sound and civilized tourism environment;
dd/ To arrange stop and parking places for vehicles with tourist vehicle logos to access tourist attractions and tourist accommodation establishments; to review and install road sign boards and direction boards to show the way to tourist zones and tourist attractions.
e/ To receive and settle petitions of tourists;
g/ To perform other tasks in accordance with this Law.
Chapter IX
IMPLEMENTATION PROVISIONS
Article 76. To amend and supplement the list of charges and fees promulgated together with Law No. 97/2015/QH13 on Charges and Fees
To amend and supplement Items 3.1 and 3.2, Part VII - Charges in the field of culture, sports and tourism, in the List of Charges and Fees issued together with Law No. 97/2015/QH13 on Charges and Fees as follows:
3.1 | Charge for appraisal and recognition of the ratings of tourist accommodations establishments and appraisal and recognition establishments providing other tourism services as satisfying tourist service standards. | Ministry of Finance |
3.2 | Fee for appraisal and grant of international travel business licenses and domestic travel business licenses | Ministry of Finance |
Article 77. Effect
1. This Law takes effect on January 1, 2018.
2. Law No. 44/2005/QH11 on Tourism will cease to be effective on the effective date of this Law.
Article 78. Transitional provisions
1. Enterprises which have been granted international travel business licenses before the effective date of this Law are not required to carry out procedures for renewal of their licenses but must satisfy all business conditions prescribed in this Law within 12 months from the effective date of this Law.
2. Enterprises providing domestic travel services shall apply for domestic travel business licenses within 12 months after the effective date of this Law. Past this time limit, enterprises without the license may not provide domestic travel services.
3. International tour guides and domestic tour guides who have obtained tour guide’s cards before the effective date of this Law may continue their jobs until their cards expire.
4. Tourist accommodation establishments which have been rated and recognized under decisions of competent state agencies before the effective date of this Law may further use their recognized ratings until the expiry date stated in the recognition decisions.
This Law was passed on June 19, 2017, by the XIVth National Assembly of the Socialist Republic of Vietnam at its 3rd session.-
Chairwoman of the National Assembly
NGUYEN THI KIM NGAN
[1] Công Báo Nos 515-516 (25/7/2017)
[2] Công Báo Nos 515-516 (25/7/2017)
Vietnamese
Law 09/2017/QH14 DOC (Word)
Law 09/2017/QH14 PDF (Original)
