Chương 6 Luật Du lịch 2005: Kinh doanh du lịch

Chapter VI

TOURISM BUSINESS

Section 1. GENERAL PROVISIONS ON TOURISM BUSINESS

Article 38.- Tourism business lines

Tourism business is a trade in services, including the following lines:

1. Travel business;

2. Tourist accommodation business;

3. Tourist transportation business;

4. Business in development of tourist resorts or tourist spots; and,

5. Business in other tourist services.

Article 39.- Rights of organizations or individuals doing tourism business

1. To select tourism business lines and register for one or more tourism business lines.

2. To be protected by the State in lawful tourism business activities.

3. To organize and take part in tourism promotion activities and be included in the common promotion list of the tourism industry.

4. To join domestic and international tourism associations and professional organizations.

Article 40.- Obligations of organizations or individuals doing tourism business

1. To set up a tourist enterprise and register for the tourism business in accordance with the provisions of law.

2. To run tourism business in line with the specifications stated in their business registration certificates or tourism business licenses for trades where licensing is required.

3. To notify competent tourism state agencies in writing of the time to start their business or of any changes in the content of their business registration certificates or tourism business licenses.

4. To publicize clearly and honestly the quantity, quality and price of services and goods to be supplied to tourists and to fulfil all of the obligations committed to tourists and to compensate for losses which they have caused to tourists.

5. To take measures to assure safety of life, health and property of tourists and to promptly inform competent agencies of accidents or dangers and risks which may occur to tourists.

6. To comply with regulations on reporting, statistics and record-keeping in accordance with the provisions of law.

Article 41.- Overseas branches and representative offices of Vietnamese tourist enterprises

The establishment of overseas branches and representative offices of Vietnamese tourist enterprises shall comply with the laws of Vietnam and host countries and with the treaties to which the Socialist Republic of Vietnam is a contracting party.

Vietnamese tourist enterprises which have overseas branches and/or representative offices shall take responsibility for the operation of such branches and/or representative offices before the laws of Vietnam and host countries.

Article 42. - Vietnam-based branches and representative offices of foreign tourist enterprises

The establishment and operation of branches and representative offices of foreign tourist enterprises in Vietnam shall comply with regulations of the Government.

Section 2. TRAVEL BUSINESS

Article 43.- Travel enterprises

1. Any organizations or individuals wishing to do travel business must set up an enterprise.

2. Travel enterprises include domestic travel enterprises and international travel enterprises.

3. International travel enterprises may do domestic travel business. Domestic travel enterprise shall not be allowed to do international travel business.

Article 44.- Conditions for doing domestic travel business

1. Having domestic travel business registered at a competent business registry.

2. Having business plans for domestic tourist operations, offering tour programs for domestic tourists.

3. Operators of domestic travel business must have at least three years of experience in doing travel operations.

Article 45. - Rights and obligations of domestic travel enterprises

Apart from the rights and obligations of organizations or individuals doing tourism business provided for in Article 39 and Article 40 of this Law, domestic tourist enterprises shall have the following rights and obligations:

1. To develop, advertise, sell and conduct tour programs for domestic tourists.

2. To secure tourism insurance for domestic tourists during the tour at their requests.

3. To abide by, disseminate and guide tourists to observe State laws and regulations on security, social order and safety, and environment protection; preserve national identity, fine traditional habits and customs of the people; and observe rules at places of tourist destination.

4. To employ tourist guides to serve tourists at their requests; be responsible for tourist guides performance during the tour as contracted with the enterprises.

Article 46.- Conditions for doing international travel business

1. Having an international travel business license granted by the central-level State administrative agency in charge of tourism.

2. Having plans for travel business operations; having tour programs prepared for international tourists within the scope of travel business provided for in Clause 1, Article 47 of this Law.

3. Operators of international travel business must have at least four years of experience in travel operations.

4. Employing at least three tourist guides accredited as tourist guides for international tourists.

5. Having deposited capital as stipulated by the Government.

Article 47.- International travel business licenses

1. International travel business licenses shall be granted according to the scope of business, covering:

a/ Travel business for inbound tourists.

b/ Travel business for outbound tourists.

c/ Travel business for inbound and outbound tourists.

2. International travel business licenses shall not be granted to the following:

a/ Enterprises which have been administratively sanctioned for illegal travel business activities within 12 months before the date they apply for a license;

b/ Enterprises which have had their international travel business licenses withdrawn within 12 months before the date they apply for a renewed license.

3. International travel business licenses shall be withdrawn in the following cases:

a/ The enterprise stops its operations;

b/ The enterprise does not carry out any international travel business activities for consecutive 18 months;

c/ The enterprise seriously violates the provisions of this Law; or

d) The enterprise commits acts of violation which are subject to withdrawal of license according to law;

4. The collection and remittance of the fee for the grant of international travel business licenses shall comply with the provisions of law on fees and charges.

Article 48.- Dossiers and procedure for the grant of international travel business licenses

1. A dossier of application for an international travel business license shall consists of

a/ An application for an international travel business license;

b/ Copies of the international travel business registration certificate, plans for international travel business operations, papers evidencing the operators working experience in travel business, copies of the tourist guides cards and labor contracts between the tourist guides and the enterprise, and a certificate of deposited amount.

2. Procedures for the grant of an international travel business license are stipulated as follows:

a/ The enterprise submits the dossier of application for an international travel business license to the provincial-level state agency in charge of tourism in the place where the enterprise is headquartered;

b/ Within 10 working days after the receipt of the valid dossier, the provincial-level state agency in charge of tourism shall complete an evaluation thereof and forward a proposal document together with the dossier to the central-level State administrative agency in charge of tourism for consideration and grant of a license; in case of ineligibility for a license, the provincial-level state agency in charge of tourism shall issue a written notice to the enterprise, clearly stating the reason therefor.

c/ Within 10 working days after the receipt of the dossier and the proposal from the provincial-level state agency in charge of tourism, the central-level State administrative agency in charge of tourism shall consider the dossier and grant an international travel business license to the enterprise; in case of refusal, it shall have to issue a written notice to the provincial tourism administration and the enterprise, clearly stating the reason therefor.

Article 49.- Change of international travel business licenses

1. Change to an international travel business license can be made in the following cases:

a/ Change in the scope of international travel business;

b/ Change in the at-law representative of the enterprise;

c/ Change in the name, transaction name or abbreviated name of the enterprise; or,

d/ Change in the form of the enterprise.

2. A dossier of application for change of an international travel business license shall consist of:

a/ An application for change of the international travel business license;

b/ The granted international travel business license; and,

c/ Documents related to the changes stated in Clause 1 of this Article.

3. The procedure for changing an international travel business license is stipulated as follows:

a/ Within 30 days after the date on which there is a change in one of the contents mentioned in Clause 1 of this Article, the enterprise shall submit the dossier of application for a new international travel business license to the central-level State administrative agency in charge of tourism;

b/ Within 15 working days after the date of receiving the valid dossier as provided for in Clause 2 of this Article, the central-level State administrative agency in charge of tourism shall consider and change the license and inform the concerned provincial-level state administration agency in charge of tourism.

Article 50.- Rights and obligations of international travel enterprises

In addition to the rights and obligations of individuals and organizations doing tourism business specified in Articles 39 and 40 of this Law, international travel enterprises shall have the following rights and obligations:

1. Travel business for inbound tourists:

a/ To develop, advertise, sell and operate tours for inbound tourists and domestic tourists;

b/ To assist tourists in clearing entry, exit, transit and customs procedures;

c/ To abide by, disseminate and instruct tourists to observe the laws and regulations of the State of Vietnam on security and social order, to protect the environment and preserve Vietnamese cultural identity and fine customs and practices, and observe the rules of the places of tourist destination; and,

d/ To employ tourist guides to guide foreign tourists and take responsibility for their guiding operations during the time of their contracts with the enterprise.

2. Travel business for outbound tourists:

a/ To develop, advertise, sell and operate tours for outbound tourists and domestic tourists;

b/ To buy tourism insurance for Vietnamese tourists when they take outbound trips;

c/ To assist tourists in clearing entry, exit, transit and customs procedures;

d/ To abide by, disseminate and instruct tourists to observe laws and regulations of the visited country;

e/ To manage tourists in accordance with the tour program signed with them.

Article 51.- Foreign-invested travel enterprises

1. Foreign enterprise may do travel business in Vietnam in the form of a joint venture or other forms in accordance with the provisions of, and concrete roadmaps stipulated in, treaties to which the Socialist Republic of Vietnam is a contracting party.

In case of a joint venture with a Vietnamese enterprise, the Vietnamese enterprise must have international travel business licenses.

2. Foreign-invested travel enterprises must satisfy the conditions on international travel business specified in Clauses 2, 3, 4 and 5, Article 46 of this Law and shall have the rights and obligations specified in Articles 39, 40 and 50 of this Law and in accordance with the scope of international travel business stated in their investment licenses.

Article 52.- Contracts of travel

1. A contract of travel is an agreement between the travel enterprise and a tourist or his/her representative on the performance of a tour program.

2. Contracts of travel shall be made in writing.

3. Besides contents as provided by civil law, a contract of travel shall contain the following details:

a/ Description of the quantity, quality, time, and mode of provision of services during the tour;

b/ A provision on responsibility for default in the case of force majeure;

c/ Financial conditions and liability relating to the change, supplementation and cancellation of the contract; and,

d/ Provisions on insurance for the tourist.

4. When a tourist buys a tour program through a travel agent, the contract of travel shall be the one concluded between the tourist and the principal travel enterprise, in which the name and address of that authorized travel agent shall be also indicated.

Article 53.- Conditions on travel agency business

1. Travel agency business is a business whereby organizations or individuals sell for commissions tour programs designed by travel enterprises to tourists. Travel agents shall not be allowed to operate tours.

2. Organizations or individuals doing travel agency business must meet the following conditions:

a/ Having travel agency business registered at a competent registry; and,

b/ Having a contract of agency signed with the travel enterprise.

Article 54.- Contract of travel agency

1. A contract of travel agency shall be made in writing between a principal being a travel enterprise and a travel agent being an individual or organization that meets the condition specified at Point a, Clause 2, Article 53 of this Law.

2. A contract of travel agency shall contain the following principal details:

a/ The names and addresses of the principal and the agent;

b/ Tour programs and prices of tour programs to be handled by the agent;

c/ The rate of agency commission and timing of payment by the principal to the agent;

d/ The term of the contract.

Article 55.- Responsibilities of travel principals

1. To check and supervise the performance of the contract by the agent.

2. To conduct the tour programs that have been sold by its travel agent; to bear responsibility to tourists for tour programs sold by the travel agent;

3. To guide and provide the travel agent with information relating to the tour programs.

Article 56.- Responsibilities of travel agents

1. Not to copy tour programs designed by the principal in any form.

2. To file and keep records of the tours sold to tourists.

3. Not to sell tours higher than the price offered by the principal.

4. To display the travel agents signboard at an easy-to-notice position at its office.

5. To inform the provincial-level state agency in charge of tourism of the time to start their operation.

Section 3. TOURIST TRANSPORTATION BUSINESS

Article 57.- Tourist transportation business

1. Tourist transportation business is the provision of transportation services for tourists along tourist routes, according to tour programs and at tourist resorts, tourist spots and tourist cities.

2. Individuals and organizations doing tourist transportation business shall have to register and meet the conditions for doing business in the carriage of passengers according to the provisions of law.

Article 58.- Conditions on tourist transportation business

1. Having specialized means of transport for tourists up to standards and given a particular logo as provided in Article 59 of this Law.

2. Employing drivers and other staff on the specialized means of transport for tourists who have professional qualifications, are physically fit and have been trained in tourism services.

3. Taking measures to ensure tourists life, health and property during the process of transportation; and to buy passenger insurance for tourists on board the means of transport.

Article 59.- Issuance of logos for specialized means of transport of tourists

1. Specialized means of transport for tourists must meet standards of technical safety, environmental protection and service quality and display a particular logo in a uniform form issued by the Ministry of Transport after consulting the central-level State administrative agency in charge of tourism.

2. The Ministry of Transport shall organize the issuance of logos for specialized means of transport of tourists after obtaining the opinions of the central-level State administrative agency in charge of tourism.

3. Means of transport for tourists with their particular logos shall be prioritized to have places to stop and park for pickup and discharge of tourists at bus stations, railway stations, airports, seaports, tourist resorts, tourist spots and tourist accommodation establishments.

Article 60.- Rights and obligations of organizations and individuals doing tourist transportation business

Apart from the rights and obligations of organizations and individuals doing tourism business specified in Article 39 and Article 40 of this Law, organizations and individuals doing tourist transportation business shall have the following rights and obligations:

1. To select means of transport of tourists;

2. To transport tourists following tourist routes and under the contracts signed with tourists or travel enterprises;

3. To ensure the conditions specified in Article 58 of this Law in the process of doing business;

4. To purchase passenger insurance for tourists carried on means of transport;

5. To display the logos of specialized transportation of tourists in an easy-to-notice position on the means of transport.

Section 4. TOURIST ACCOMMODATION BUSINESS

Article 61.- Organizations, individuals doing tourist accommodation business

1. Individuals and organizations that fully meet the conditions specified in Article 64 of this Law may do tourist accommodation business.

2. Individuals and organizations may do tourist accommodation business at one or many tourist accommodation establishments simultaneously.

Article 62.- Types of tourist accommodation establishments

Types of tourist accommodation establishments include:

1. Hotel;

2. Tourist village;

3. Tourist villa;

4. Tourist apartment;

5. Tourist campsite;

6. Tourist guest house;

7. Houses with rooms for tourist rental; and,

8. Other tourist accommodation.

Article 63.- Classification of tourist accommodation establishments

1. Tourist accommodation establishment mentioned in Article 62 of this Law shall be classified according to quality standards, including:

a/ Hotels and tourist villages shall be classified in 5 categories which are 1 star, 2 stars, 3 stars, 4 stars and 5 stars;

b/ Tourist villas or tourist apartments shall be classified in two categories of standard and high standard; and,

c/ Tourist campsites, tourist guest houses, houses with rooms for tourist rent, and other tourist accommodation establishments shall be classified in one category which meets the standard of tourist accommodation business.

2. Criteria for classifying tourist accommodation establishments shall be issued by the central-level State administrative agency in charge of tourism and uniformly applicable nationwide.

3. The central-level State administrative agency in charge of tourism shall appraise and classify hotels and tourist villages of 3-, 4- and 5-star categories; and tourist villas and tourist apartments of high-standard category.

Provincial-level State agencies in charge of tourism shall appraise and classify hotels and tourist villages of 1 and 2-star categories; and tourist villas, tourist apartments of business standard category; campsites, tourist guest houses, houses with rooms for tourist rental and other tourist accommodation establishments of business standard category.

4. The collection, remittance and use of classification charges on tourist accommodation establishments shall comply with the provisions of law on fees and charges.

5. After every three years of operation, a graded tourist accommodation establishment shall be appraised to renew its grade in accordance with the current conditions of its physical facilities and services.

Article 64.- Conditions for doing tourist accommodation business

To do tourist accommodation business, organizations and individuals shall have to fully satisfy the following conditions:

1. General conditions:

a/ Having registered tourist accommodation business; and,

b/ Taking measures to ensure security and order, environmental sanitation, safety, fire prevention and extinguishing in compliance with the provisions of law on tourist accommodation establishments.

2. Specific conditions:

a/ Hotels and tourist villages must have construction, facilities and equipment, services, and professional and foreign language skills of managers and staff which meet the minimum standard as required for each type and grade of the establishment;

b/ Tourist villas and tourist apartments must have facilities, equipment and services which meet the minimum standard as required for each type and grade of the establishment;

c/ Tourist campsites, tourist guest houses, houses with rooms for tourist rental and other tourist accommodation establishments shall have facilities and equipment which meet the minimum standard as required for tourist accommodation business.

Article 65.- Registration of classes of tourist accommodation establishments

1. Within three months after commencement of operation, the owners of tourist accommodation establishments shall submit dossiers of registration of the class of tourist accommodation establishments to competent state agencies in charge of tourism for appraisal and classification of their establishments.

2. Dossiers and procedures for classification of tourist accommodation establishments shall be prescribed by the central-level State administrative agency in charge of tourism.

Article 66.- Rights and obligations of organizations and individuals doing tourist accommodation business

1. Besides the rights specified in Article 39 of this Law, organizations and individuals doing tourist accommodation business shall have the following rights:

a/ To hire foreign and domestic individuals or organizations to manage, execute and work in the tourist accommodation establishments;

b/ To issue internal rules and regulations of the tourist accommodation establishments;

c/ To refuse to receive tourists or cancel the accommodation contracts with tourists in cases where tourists commit illegal acts, acts of violation of internal rules of the establishments, or where the establishment is no longer capable of accommodating or the tourists needs are beyond the ability of the establishment; and,

d/ To select types of services and products not contrary to the provisions of law for sale at the establishments premises.

2. Besides the obligations specified in Article 40 of this Law, organizations and individuals doing tourist accommodation business shall have the following obligations:

a/ To abide by the provisions of law pertaining to tourist accommodation business activities and conduct business operations as registered;

b/ To display the name, type and class of the tourist accommodation establishment and advertise the type and class of the tourist accommodation establishment exactly as recognized by a competent state agency in charge of tourism;

c/ To publicly post the sale prices of goods and services and the internal rules and regulations of the tourist accommodation establishment in Vietnamese and foreign language; to inform tourists clearly of sale promotion campaigns to be launched in each period of time;

d/ To guarantee the quality of services and facilities in a stable manner and maintain the standards of the tourist accommodation establishment corresponding to its type and class already certified by a competent state agency in charge of tourism;

e/ To take measures to ensure environmental sanitation, food hygiene and safety, and equipment safety; to strictly observe regulations on fire prevention and extinguishing, ensuring the safety of tourists life, health and property;

f/ To adhere to the regulations of State administrative agencies in charge of health in case of discovering tourists infected with contagious disease;

g/ To declare a tourists temporary stay as provided for by law; and,

h/ To compensate tourists for losses caused by the fault of the tourist accommodation business.

3. For tourist accommodation establishments provided for in Clauses 1, 2, 3 and 4, Article 62 of this Law which have been classified to be of star class or high level, when dealing in conditional goods and services, they shall not be required to obtain business licenses for each type of such goods and services but must register with a competent state agency before doing so.

Section 5. BUSINESS IN DEVELOPMENT OF TOURIST RESORTS, TOURIST SPOTS

Article 67.- Business in development of tourist resorts and tourist spots

1. Business in development of tourist resorts and tourist spots shall include investment in conservation and upgrade of existing tourism resources; exploitation of potential tourism resources; development of new tourist resorts and sports facilities; construction and commercial operation of tourist infrastructure and tourist physical and technical facilities.

2. Organizations and individuals doing business in development of tourist resorts and tourist spots shall formulate projects in compliance with tourism development plans and submit them to competent state agencies for approval

3. Procedures for approval of projects shall comply with the provisions of law on investment and other relevant provisions of law.

Article 68.- Rights and obligations of organizations and individuals doing business in development of tourist resorts and tourist spots

Besides the rights and obligations specified in Article 39 and Article 40 of this Law, organizations and individuals doing business in development of tourist resorts and tourist spots shall have the following rights and obligations:

1. To be granted investment preferences and provided land with tourism resources which are suitable to the projects approved by competent state agencies according to the provisions of law;

2. To collect charges in accordance with the provisions of law on fees and charges;

3. To manage and protect tourism resources and environment, and ensure security, social order and safety; and,

4. To manage service business in accordance with this Law and other relevant provisions of law.

Section 6. BUSINESS IN TOURIST SERVICES IN TOURIST RESORTS, TOURIST SPOTS AND TOURIST CITIES

Article 69.- Business in tourist services in tourist resorts, tourist spots and tourist cities

Business in tourist services in tourist resorts, tourist spots and tourist cities shall include businesses in travel, tourist accommodation, tourist transportation, restaurant, shopping, sports, entertainment, information and other services provided for tourists.

Article 70.- Issuance of signboards of satisfaction of tourist service standards

1. The central-level State administrative agency in charge of tourism shall provide the criteria and form of the signboard of satisfaction of tourist service standards to be issued to establishments which provide tourist services in tourist resorts, tourist spots and tourist cities.

2. Provincial-level state agency in charge of tourism shall appraise and issue signboards of satisfaction of tourist service standards to establishments which provide tourist services in tourist resorts, tourist spots and tourist cities under their administration.

Article 71.- Rights and obligations of organizations and individuals doing tourist service business in tourist resorts, tourist spots and tourist cities

1. Organizations and individuals doing travel, tourist accommodation, and tourist transportation businesses shall have the rights and obligations specified in Articles 39 and 40 of this Law and relevant rights and obligations specified in Articles 45, 50, 60 and 66 of this Law.

2. Organizations and individuals doing tourism service business in tourist resorts, tourist spots and tourist cities, which are not regulated in Clause 1 of this Article, besides the rights and obligations specified in Articles 39 and 40 of this Law, shall have the following rights and obligations:

a/ To bear signboards of satisfaction of tourist service standards;

b/ To be chosen by travel enterprises as a partner to provide services and goods for their clients;

c/ To maintain tourist service standards throughout the course of doing business;

d/ To observe regulations at tourist resorts, tourist spots and tourist cities issued by competent agencies.