Chương 3 Luật Du lịch 2005: Quy hoạch phát triển du lịch

Chapter III

TOURISM DEVELOPMENT PLANS

Article 17.- Categories of tourism development plans

1. Tourism development plans shall be of the tourism industry, including master plans and specific plans for tourism development.

Master plans for tourism development shall be made for the whole country, tourist zones, key tourist areas, provinces, centrally-run cities and national tourist resorts.

3. Specific plans for tourism development shall be made for functional areas within national tourist resorts, local tourist resorts and national tourist spots having natural tourism resources.

Article 18.- Principles for formulation of tourism development plans

1. Compliance with the national socio-economic development strategy and master plan and with the strategy for tourism development.

2. Assurance of national sovereignty, defense, security, social order and safety.

3. Protection and development of tourism resources and environment and preservation and promotion of the national cultural identity.

4. Feasibility and balance between supply and demand in tourism.

5. Promotion of strengths of each region and locality to create unique tourist products for the purpose of rationally and efficiently utilizing tourism resources.

6. Publicity during the formulation and promulgation of plans.

Article 19.- Contents of tourism development plans

1. The contents of a master plan for tourism development shall include:

a/ The position, role and advantages of tourism in the socio-economic development of the locality, region and country;

b/ Analysis and evaluation of potentials and current status of tourism resources, tourism markets and resources for tourism development;

c/ Viewpoints, objectives, characteristics and scale of development for the area covered by the plan, including forecast target data and justifications of alternatives for tourism development;

d/ Organization of the tourism space and infrastructure and physical-technical facilities for tourism;

e/ List of prioritized areas and projects for investment and needs for land use, investment capital and manpower in tourism;

f/ Assessment of environmental impact and solutions to protecting both tourism resources and the environment; and,

g/ Proposed mechanisms, policies and measures for tourism management and development according to the plan.

2. A specific plan for tourism development shall, in addition to the contents specified in Clause 1 of this Article, include the following principal contents:

a/ Functional areas, ground scheme, infrastructure works, physical-technical facilities for tourism, and land use alternatives;

b/ List of investment projects and investment schedule;

c/ Analysis of socio-economic and environmental benefits; and,

d/ Recommendations on measures for management and implementation of the plan.

Article 20.- Competence to formulate, approve and decide on tourism development plans

1. The central-level State administrative agency in charge of tourism shall assume the prime responsibility for formulating master plans for development of the tourism industry and development of tourist zones, key tourist areas and national tourist resorts and submit them to the Government and the Prime Minister for approval according to competence.

2. Provincial-level Peoples Committee shall formulate master plans for tourism development for their provinces or centrally-run cities and submit them to the Peoples Councils of the same level for decision after obtaining the opinions of the central-level State administrative agency in charge of tourism.

Specific plans of functional zones within national tourist resorts, local tourist resorts and national tourist spots having natural tourism resources shall be decided by provincial-level Peoples Committee after obtaining the opinions of the central-level state administrative agency in charge of tourism.

3. The agency which is empowered to approve or decide on any tourism development plan shall be competent to approve and decide on the revision of such tourism development plan.

Article 21.- Management and implementation of tourism development plans

1. After a tourism development plan has been decided upon and approved, the formulating agency shall have to announce and provide necessary information about the plan to concerned organizations and individuals for implementation and implementation monitoring.

2. The formulation and implementation of tourism development projects, projects having impacts on tourism resources and other tourism-related projects shall comply with the tourism development plans which have been approved by competent state agencies and be subject to the endorsement of competent state agencies in charge of tourism.

3. Provincial-level Peoples Committees shall allocate land for tourism infrastructure works, physical-technical facilities in tourist cities, tourist resorts and tourist spots in accordance with decided, approved and promulgated tourism development plans; and shall not assign or lease land to investment projects which are contrary to tourism development plans or investment projects or which will exert negative impacts on tourism resources and environment.

4. All organizations and individuals must strictly follow the approved, decided tourism development plans and shall neither encroach upon or illegally use land areas already planned for tourism development.