Chương 4 Luật Du lịch 2005: Khu du lịch, điểm du lịch, tuyến du lịch và đô thị du lịch

Chapter IV

TOURIST RESORTS, TOURIST SPOTS, TOURIST ROUTES AND TOURIST CITIES

Section 1. TOURIST RESORTS, TOURIST SPOTS, TOURIST ROUTES

Article 22.- Classification of tourist resorts, tourist spots, tourist routes

Tourist resorts, tourist spots, and tourist routes shall be classified at the national or local level based on their scale, attractiveness to tourists, service-provision capability and service quality.

Article 23.- Conditions for recognition as a tourist resort

1. A tourist resort that fully meets the following conditions shall be recognized as a national tourist resort:

a/ Having particularly attractive tourism resources with natural landscapes as an advantage and capable of attracting a large number of tourists.

b/ Having an area of at least 1,000 hectares, including a necessary area for construction of tourist service works and facilities in conformity with the landscape and environment of the tourist resort, although in particular cases where the area is narrower, the central-level State administrative agency in charge of tourism shall submit a proposal to the Prime Minister for consideration and approval; and,

c/ Having comprehensive infrastructure and tourist physical-technical facilities, capable of providing services for at least one million tourist arrivals a year, including necessary accommodation and tourism service facilities suitable to the characteristics of the tourist resort.

2. A tourist resort that fully meets the following conditions shall be recognized as a local tourist resort:

a/ Having appealing tourism resources capable of attracting tourists;

b/ Having an area of at least 200 hectares, including a necessary area for construction of tourist service works and facilities; and,

c/ Having necessary infrastructure, tourist physical-technical facilities, accommodation and tourist service facilities suitable to the characteristics of the locality and capable of providing services for at least 100,000 tourist arrivals a year.

Article 24.- Conditions for recognition as a tourist spot

1. A tourist spot that fully meets the following conditions shall be recognized as a national tourist spot:

a/ Having particularly attractive tourism resources to meet tourists sightseeing needs;

b/ Having necessary infrastructure and tourist service facilities capable of providing services for at least 100,000 tourist arrivals a year.

2. A tourist spot that fully meets the following conditions shall be recognized as a local tourist spot:

a/ Having attractive tourism resources to meet tourists sightseeing needs;

b/ Having necessary infrastructure and tourist service facilities capable of providing services for at least 10,000 tourist arrivals a year.

Article 25.- Conditions for recognition as a tourist route

1. A tourist route that fully meets the following conditions shall be recognized as a national tourist route:

a/ Linking various tourist resorts and tourist spots, including national, inter-regional and inter-provincial tourist resorts and tourist spots, and linked to international border gates; and,

b/ Taking measures to preserve landscapes, environment and service facilities for tourists along the route.

2. A tourist route that fully meets the following conditions shall be recognized as a local tourist route:

a/ Connecting tourist resorts and tourist spots within a locality; and,

b/ Taking measures to preserve landscapes, environment and service facilities for tourists along the route.

Article 26.- Dossiers for recognition as tourist resorts, tourist spots or tourist routes

1. A dossier for recognition as a tourist resort shall consist of:

a/ A written statement, requesting recognition as a tourist resort, made by a competent State administrative agency in charge of tourism; and,

b/ A report on the master plan or specific plan for development of the tourist resort, enclosed with the decision of a competent State administrative agency as stipulated at Article 20 of this Law.

2. A dossier for recognition as a tourist spot shall consist of:

a/ A written statement, requesting recognition as a tourist spot, made by a competent State administrative agency in charge of tourism; and,

b/ An explanatory document on the tourist spot proposed for recognition.

3. A dossier for recognition as a tourist route shall consist of:

a/ A written statement, requesting recognition as a tourist route, made by a competent State administrative agency in charge of tourism; and,

b/ A map of the tourist route at a scale of 1/1,500,000 for a national tourist route, or a scale of 1/100,000 for a local tourist route, and an explanatory document on the proposed tourist route.

Article 27.- Competence to recognize tourist resorts, tourist spots, tourist routes

1. The Prime Minister shall decide on the recognition of national tourist resorts, national tourist spots, and national tourist routes at the proposal of the central-level State administrative agency in charge of tourism.

2. The presidents of provincial-level Peoples Committee shall decide on the recognition of local tourist resorts, local tourist spots, and local tourist routes at the proposal of provincial-level State administrative agencies in charge of tourism.

3. The central-level State administrative agency in charge of tourism shall announce national tourist resorts, national tourist spots, and national tourist routes upon receipt of the decisions of their recognition.

4. Provincial-level Peoples Committees shall announce local tourist resorts, local tourist spots, and local tourist routes upon receipt of the decisions of their recognition.

Article 28.- Management of tourist resorts

1. Scope of management of tourist resorts shall include:

a/ Management of development planning and investment work;

b/ Management of business service activities;

c/ Protection of tourism resources and assurance of environmental hygiene, social order and safety; and,

d/ Implementation of relevant provisions of law.

2. The management of tourist resorts is organized as follows:

a/ A Management Board must be established for a tourist resort, but where a tourist resort is assigned to an investor being an enterprise, the investor must manage the tourist resort in accordance with the scope specified in Clause 1 of this Article;

b/ The presidents of provincial-level Peoples Committees shall decide on the establishment of the Management Board of tourist resorts located within the administrative boundaries of their provinces.

Where a tourist resort lies within the administrative territories of two or more provinces or centrally-run cities, the president of the Peoples Committee of each province or centrally-run city shall decide on the establishment of the Management Board within the administrative boundary of his/her province or city. The Management Boards shall coordinate their activities according to the Regulation on management of tourist resorts issued by the central-level State administrative agency in charge of tourism and the master plan for development of the tourist resort already approved by a competent state agency.

Where a tourist resort is associated with an area endowed with natural tourism resources or historical and cultural relics for which a specialized management board has been established, its management board must include a representative from that specialized management board.

3. For a tourist resort with its tourism resources managed by another state agency through a specialized management board already established, the specialized management board shall have to coordinate with the tourist resorts management board in order to facilitate the rational exploitation and utilization of tourism resources in service of visitors and tourists.

Article 29.- Management of tourist spots

Depending on the scale and nature of tourist spots, ministries or agencies in charge of state administration of natural resources and provincial-level People Committees shall provide for the mode of management thereof, ensuring the following:

1. Protection and development of tourism resources and assurance of environmental sanitation;

2. Creation of favorable conditions for the sightseeing visits of tourists;

3. Assurance of the participation by local communities in tourism activities; and,

4. Maintenance of security, social order and safety and assurance of safety of tourists.

Article 30.- Management of tourist routes

Provincial-level Peoples Committees shall, within the scope of their duties and powers, coordinate with the Transport Ministry in managing local tourist routes and the portion of national tourist routes within the territories of their provincial or centrally-run cities, ensuring the following:

1. Protection of security, order, landscapes and environment along the tourist routes.

2. Creation of favorable conditions for the traffic circulation of the specialized means of transport of tourists.

3. Management of investment and construction of tourist service facilities along the tourist routes in line with the plans which have been approved and decided by competent state agencies.

Section 2. TOURIST CITIES

Article 31.- Criteria for recognition as a tourist city

A city that fully meets the following criteria shall be recognized as a tourist city:

1. Having appealing tourism resources within its boundary or within the boundary of the city and its adjacent areas.

2. Having comprehensive infrastructure and tourist physical and technical facilities, meeting the diversified needs of tourists, and having a labor structure suitable to requirements of tourism development.

3. Tourism plays an important role in the economic structure, achieving a ratio between tourism revenue and the total revenues of services as stipulated by the Government.

Article 32.- Dossiers, procedures and competence for recognition of tourist cities

1. A dossiers for recognition as a tourist city shall consist of:

a/ A written statement requesting recognition as a tourist city, made by the provincial-level Peoples Committee and submitted to the Prime Minister;

b/ A copy of the provinces or centrally-run citys master plan on tourism development; and,

c/ A project proposal for recognition as a tourist city, made according to the provisions of Article 31 of this Law.

2. Provincial-level Peoples Committees shall submit the dossiers for recognition as tourist cities to the Prime Minister and send copies to the Ministry of Construction and central-level State administrative agency in charge of tourism.

The Ministry of Construction shall assume the prime responsibility for, and coordinate with the central-level State administrative agency in charge of tourism and relevant agencies in, evaluating these dossiers and submit their evaluations to the Prime Minister.

3. The Prime Minister shall consider and decide the recognition as tourist cities, and the central-level State administrative agency in charge of tourism shall make public the tourist-city status.

Article 33.- Management of tourist city development

1. The management of tourist city development must ensure the following:

a/ Management of the planning and construction of the tourist city in line with the tourism development orientations set forth by competent state agencies;

b/ Management of investment projects for tourism development in conformity with the approved plans;

c/ Protection of tourism resources, landscapes, and environment, and maintenance of security, social order and safety;

d/ Assurance of the quality of goods and services to be provided for tourists; and,

e/ Mobilization of all resources of the city for the sake of tourism development.

2. The Peoples Committees of provinces or centrally-run cities in which tourist cities are located shall formulate and submit regulations on the management of tourist cities to the Prime Minister for promulgation. These regulations must be in conformity with the requirements on protection of tourism resources, landscapes, environment and tourism development orientations of the cities.