Chương 7 Luật Du lịch 2005: Hướng dẫn du lịch

Chapter VII

TOURIST GUIDING

Article 72.- Tourist guides, tourist guides cards

1. Tourist guides include guides for domestic tourists and guides for international tourists.

International tourist guides may guide both international tourists and domestic tourists; domestic tourist guides may guide domestic tourists who are Vietnamese but not foreign tourists.

2. Tourist guides cards include domestic tourist guides cards and international tourist guides cards. Tourist guides cards shall be valid for three years and effective nationwide.

Article 73.- Conditions for practicing as a tourist guide and criteria for issuance of tourist guides cards

1. Tourist guides may practice once they have obtained a tourist guides card and signed a contract with a travel enterprise.

2. A person who fully meets the following criteria shall be issued a domestic tourist guides card:

a/ Having Vietnamese nationality, residing in Vietnam and having full civil act capacity;

b/ Having no contagious diseases and not using any addictive substances; and,

c/ Having a vocational secondary or higher degree in tourist guiding, or, if having a degree in another discipline, a certificate of a tourist guides professional skills issued by a competent training establishment is required.

3. A person who fully meets the following criteria shall be issued an international tourist guides card:

a/ Having Vietnamese nationality, residing in Vietnam and have full civil act capacity;

b/ Having no contagious diseases and not using any addictive substances;

c/ Having a bachelors or higher degree in tourist guiding, or, if having a bachelors degree in another discipline, a certificate of a tourist guides professional skills issued by a competent training establishment is required.

d/ Having a good command of at least one foreign language.

Article 74.- Issuance of tourist guides cards

1. A dossier of application for a tourist guides card shall consist of:

a/ An application for a tourist guides card;

b/ Curriculum vitae attested by the Peoples Committee of the commune, ward or township where the applicant resides or by the agency where he/she is working;

c/ Notarized copies of documents stated at Point c, Clause 2, Article 73 of this Law for those who apply for domestic tourist guides cards or Point c and d, Clause 3 of Article 73 of this Law for those who apply for international tourist guides cards;

d/ Health certificates issued by a competent health establishment within three months before the time of submission of the application; and,

e/ Two photos of 4 x 6 cm taken within three months before the time of submission of the application.

2. Within fifteen days after the date of receipt of a full and valid dossier, the provincial-level state agency in charge of tourism shall have to examine the dossier and issue a tourist guides card to the applicant; in case of refusal, it shall have to reply to the applicant in writing, clearly stating the reason therefor.

3. The provincial-level state agency in charge of tourism shall organize the issuance of international tourist guide and domestic tourist guides cards according to common forms set by the central-level state agency in charge of tourism.

Article 75.- Renewal, re-issuance and revocation of tourist guides cards

1. Renewal of tourist guides cards is stipulated as follows:

a/ At least 30 days before the card expires, the tourist guide shall have to complete procedures to renew it;

b/ A dossier of application for change of a tourist guides card shall consist of an application for changing the card; certificate of periodic refresher training in tour guiding skills issued by a competent state agency in charge of tourism; and a copy of the expired tourist guides card;

c/ The applicant for renewing the tourist guides card shall submit the dossier to the provincial-level state agency in charge of tourism.

2. The reissuance of tourist guides cards is stipulated as follows:

a/ Tourist guides cards shall be reissued in case of loss or damage;

b/ Applicants for the reissuance of tourist guides cards shall submit a dossier consisting of an application for reissuance of a card enclosed with 2 photos as stated in Clause 1, Article 74 of this Law, and the certification of the loss of the card or the damaged card to the provincial-level state agency in charge of tourism.

3. Within fifteen days after the date of receipt of full dossiers, the provincial-level state agency in charge of tourism shall have to examine the dossiers, and renew or re-issue the tourist guides cards for the applicants; in case of refusal, it shall have to reply to the applicant in writing, clearly stating the reason therefor.

4. Withdrawal of a tourist guides card is stipulated as follows:

a/ Tourist guides shall have their cards withdrawn if they violate any of the provisions of Article 77 of this Law.

b/ Tourist guides with their cards withdrawn shall be considered for reissuance of the cards only after the passage of six months following the date of withdrawal of their cards. In this case, dossiers and procedures for issuance of tourist guides cards shall be the same as in the case of issuance of new tourist guides cards.

Article 76.- Rights and obligations of tourist guides

1. Tourist guides shall have the following rights:

a/ To guide tourists under assigned duties or under a contract signed with a travel enterprise;

b/ To join occupational organizations and associations of tourist guiding;

c/ To receive wages or honoraria as contracted with travel enterprises;

d/ To sit for exams for recruitment of tourist guides and for accreditation of tourist guides professional ranks; and,

e/ In case of emergency or force majeure, tourist guides may adjust tour programs and standards of services provided for tourists, provided that they must inform the competent person thereof as soon as conditions permit, and be accountable for their decision.

2. Tourist guides shall have the following obligations:

a/ To abide by and instruct tourists to abide by laws, internal rules and regulations at visiting places and respect local customs and practices;

b/ To provide tourists with information about the tour program and itinerary and their lawful interests;

c/ To guide tourists in conformity with the tour program, be civilized, caring, and wholehearted to tourists; in case of a tourists request for detour, to report it to a competent person for decision;

d/ To be responsible for ensuring the safety of life, health and property of tourists;

e/ To act within the scope specified in Clause 1, Article 72 of this Law, to wear the tourist guides card when working as a tourist guide;

f/ To take part in periodical training courses for tourist guides organized by competent state agencies; and,

g/ To compensate for losses caused by their fault to tourists and travel enterprises.

Article 77.- Prohibited acts of tourist guides

1. Providing information detrimental to national sovereignty, security, defense, social order and safety.

2. Committing acts that cause negative effects to the image, tradition, morality and fine customs and habits of the nation; misrepresenting the historical and cultural values of Vietnam.

3. To take tourists to restricted areas.

4. To gain illicit profits from tourists or force tourists to buy goods and services.

5. To arbitrarily change tour programs, or provide tourists with services of lower standards than they are entitled to.

6. To discriminate against tourists.

7. To lend their tourist guides cards to others or use others cards or use expired tourist guides cards.

Article 78.- Narrators

1. Narrators are persons who deliver on-site narration to tourists at tourist resorts or tourist spots.

2. Narrators must have good knowledge of tourist resorts and tourist spots, and skills of communication with tourists and cultured behavior.

3. Competent state agencies in charge of tourist resorts and tourist spots shall stipulate the training in professional knowledge and skills and criteria for narrators, as well as issuance and withdrawal of narrators certificates.