Chương I Luật Du lịch 2017: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for tourism resources, tourism product development and tourism activities; rights and obligations of tourists, organizations and individuals doing tourism business, other organizations and individuals and local communities related to tourism activities; state management of tourism.

Article 2. Regulated entities

1. Vietnamese organizations and individuals involved in tourism activities in Vietnam and abroad.

2. Foreign organizations and individuals involved in tourism activities in Vietnam.

3. Tourism authorities, other authorities, organizations, individuals and local communities related to tourism activities.

Article 3. Definitions

For the purpose of this Law, the terms below are construed as follows:

1. “tourism” means activities in connection with trips taken by people outside their usual environment for not more than 12 consecutive months for sightseeing, leisure, recreation, study, and exploration and other legal purposes.

2. “tourist” is a person who travels for either tourism or for other purposes combined with tourism, except for those travel to study or work.

3. “tourism activity” means activities of tourists, organizations and individuals doing tourism business and organizations, individuals and local communities related to tourism activities;

4. “tourism resources” mean natural landscapes, natural elements and cultural values which are the basis for creation of tourism products, tourism areas, tourist attractions in order to meet tourists’ needs. Tourism resources include natural tourism resources and cultural tourism resources.

5. “tourism product” means a combination of services provided through tourism resource value in order to meet the needs of tourists.

6. “tourism area” means an area which has tourism resources and has been properly planned and invested for development with the aim of meeting the various demands of tourists. Tourism area includes provincial tourism areas and national tourism areas.

7. “tourist attraction” means a place with tourism resources that are used to serve tourists.

8. “tour program” is a document stating an itinerary and services at tour price which has been fixed in advance for a tourist’s trip from its beginning to end.

9. “travel services” include creating, selling and running part of or the entire tour program.

10. “tour guiding” means the provision of information, connection of services, assisting tourists in using services in a tour program.

11. “tour guide” is the person who is issued with a card for tour guiding practice.

12. “tourist accommodation establishment” means an establishment which provides accommodation services for tourists.

13. “tourism promotion” includes market research, propagation, promotion aimed at finding and grasping opportunities for development of tourism and attraction of tourists.

14. “sustainable tourism development” means the tourism development that meets the socio-economic and environmental requirements, defending the interests of the participants in tourism activities without having a negative effect on the ability to meet tourism needs in the future.

15. “community-based tourism” is a form of tourism that is developed on the basis of community’s cultural values managed, used and benefited by a local community.

16. “eco-tourism” means a form of tourism that is based on nature, connected with the local cultural identity and participated by local communities in combination with environmental education.

17. “cultural tourism” means a form of tourism that is developed on the basis of the use of cultural values which contribute to the preservation and upholding of traditional cultural values and respect for new cultural values of mankind.

18. “tourist environment” includes natural and social ones where tourism activities are carried out.

Article 4. Rules for tourism development

1. Develop targeted and sustainable tourism in line with strategies, master plans and plans

2. Develop tourism together with preservation and upholding of national cultural identity values, natural resources, exploitation of advantages of each area and promotion of regional cluster.

3. Ensure national sovereignty, national defense and security, social order and security, expand external relations and international integration, and promote the images of Vietnam and its people.

4. Protect national and community interests, lawful rights and interests of tourists, and organizations and individuals doing tourism business.

5. Develop both domestic and international tourism; respect and fairly treat tourists.

Article 5. Tourism development policies

1. The State shall introduce policies to mobilize sources for tourism development to ensure tourism is a national spearhead industry.

2. Organizations and individuals doing tourism business shall be entitled to the highest level of investment incentive and assistance when the State issues and adopts policies on investment incentive and assistance.

3. The State shall give priority to provision of funding for the following activities:

a) Inspection, assessment, preservation, enhancement and development tourism resources;

b) Formulation of master plans for tourism development;

c) Tourism promotion, development of national and local tourism trademarks;

d) Construction of infrastructure in service of tourism development.

4. The State shall apply assistance policies to the following activities:

a) Investment in high-quality tourism infrastructure and services;

b) Research into and orientation towards the development of tourism products;

c) Provision of training in tourism;

d) Investment in new tourism products that have positive impacts on the environment and increase the participation of local communities; investment in sea and island tourism, eco-tourism, community-based tourism, cultural tourism and other typical tourism products;

dd) Application of modern science and technology to the management and development of tourism;

e) Development of tourism in areas with tourism potential; use of local human resources;

g) Investment in establishment of large-scale tourism service complexes; duty-free shops and shopping centers in service of tourists.

5. The State shall introduce policies to enable tourists to travel, stay, enter, exit, transit and follow customs procedures, facilitate value added tax refund, and protect other lawful rights and interests of tourists.

Article 6. Participation of local communities in tourism development

1. Local communities may participate in and enjoy lawful benefits from tourism activities; take responsibility for preserving tourism resources and local cultural identity; and maintaining security, social order and security and environmental protection.

2. Local communities shall be enabled to invest in tourism, restoration and promotion of various traditional cultures, folklore arts, crafts, and production of local goods in service of tourists, contributing to improvement of material and spiritual life of locals.

Article 7. Socio-professional organizations for tourism

1. The socio-professional organization for tourism is established and operated in accordance with regulations of law on associations.

2. A socio-professional organization for tourism shall:

a) comply with law and protect the lawful rights and interests of members;

b) make, disseminate, educate and supervise the implementation of regulations of law and policies on tourism;

c) participate in promotion of tourism, provision of training in tourism; carry out an assessment of and providing consultancy on professional standards and service quality for enterprises and employees in tourism industry; provide a sound business environment for members; mobilizing social sources to deploy tourism activities in accordance with law

d) adhere to the code of ethics, encouraging members doing tourism business to ensure the quality of services;

dd) detect and report violations against the law on tourism and environmental protection to a competent authority for imposition of penalties.

Article 8. Protection of tourism environment

1. The tourism environment shall be protected, enhanced and developed towards greenness, cleanliness, security, soundness and civilization.

2. Ministries and ministerial agencies shall issue regulations within their competence in order to protect, enhance and develop the tourism environment.

3. The local government at all levels shall take measures to protect, enhance and develop the tourism environment in conformity with local conditions.

4. Organizations and individuals doing tourism business shall be responsible for collecting and treating wastes discharged during their business operations; alleviating negative impacts on the environment caused by their business operations; and take measures to prevent and fight against social evils during their business operations.

5. Tourists, local communities and other organizations and individuals shall be responsible for protecting and preserving landscapes, environment, national cultural identity, customs and practices, and behaving in a polite and civilized manner in order to promote the image of the country, people and tourism of Vietnam.

Article 9. Prohibited acts in tourism activities

1. Cause harm to national sovereignty and interests, national defense, security, social order and security, national cultural traditions, ethics and fine traditions and customs.

2. Abuse tourism activities to illegally take people abroad or into Vietnam.

3. Damage tourism resources and environment.

4. Discriminate against tourists and make illicit profits from tourists; scramble for tourists or insist on or force tourists to purchase goods or use services.

5. Running a tourism business in case of ineligibility for business, without license or in case of failure to conditions for running business during operation in accordance with this Law and relevant regulations of law.

6. Use the license for provision of tour of another travel service provider or allow another organization or individual to use the license for provision of tour to do business.

7. Act as a tour guide without satisfying all conditions.

8. Advertise the wrong category or rating of the tourist accommodation establishment that has been recognized by a competent authority; advertise category and rating of the tourist accommodation establishment that is yet to be recognized by a competent authority.

9. Other acts prohibited by relevant laws.