Chương V Nghị định 168/2017/NĐ-CP: Kinh doanh du lịch

Chapter V

TOURISM BUSINESS

Section 1. PAYMENT OF DEPOSIT BY TRAVEL SERVICE PROVIDERS

Article 14. Deposit and deposit methods

1. The domestic travel service deposit is VND 100,000,000 (one hundred million dong).

2. International travel service deposit:

a) Provision of travel services for inbound tourists: VND 250,000,000 (two hundred and fifty million dong);

b) Provision of travel services for outbound tourists: VND 500,000,000 (five hundred million dong);

c) Provision of travel services for inbound and outbound tourists: VND 500,000,000 (five hundred million dong).

3. The travel service provider shall pay the deposit in Vietnamese dong to a commercial bank, cooperative bank or branch of a foreign bank established and operating in Vietnam and be entitled to enjoy interest under the agreement between the provider and the depository bank in accordance with regulations of law. The deposit must be maintained during the period over which a provider provides travel services.

Article 15. Payment of deposit and issuance of certificate of deposit

1. When a travel service provider wishes to pay a deposit to its account at a bank, the depository bank and the travel service provider shall enter into a deposit agreement. Under the deposit agreement, the depository bank shall freeze the provider’s deposit at the bank.

2. A deposit agreement shall consist of names, addresses, representatives of the provider and the depositary bank; reasons for deposit payment; deposit; deposit interest rate; payment of the deposit interest; use of the deposit; withdrawal of the deposit; refund of the deposit; responsibilities of relevant parties and other agreements in accordance with regulations of law and regulations of this Decree.

3. After freezing the deposit, the depository bank shall issue a certificate of deposit for the travel service provider using the Form 01 in the Appendix hereof.

Article 16. Management and use of deposit

1. In case a tourist dies, has an accident, faces any risk or infringes human life and needs to be taken to the accommodation establishment or receive emergency treatment while the travel service provider fails to promptly provide funding therefor, the provider shall submit a written request for a temporary release of the deposit to the authority in charge of issuing the license for provision of travel services. Within 48 hours from the receipt of the written request, the licensing authority shall consider requesting the bank to let the provider to withdraw money from its deposit account or refuses the request.

2. Within 30 days from the date of withdrawal, the travel service provider shall make additional payment to maintain the deposit prescribed in Article 14 of this Decree. In case of failure to do so, the bank shall inform the licensing authority.

3. The travel service provider shall submit a written request for refund of deposit to the bank in the following cases:

a) A licensing authority’s written notice of refusal to issue the license of provision of travel services is received or the provider wishes to change its depository bank;

b) A licensing authority’s written notice of refund of deposit after revocation of the license for provision of travel services is received.

Section 2. ISSUANCE, REPLACEMENT, ISSUANCE AND REVOCATION OF BADGES FOR MEANS OF TOURIST TRANSPORT

Article 17. Application and procedures for issuance of badges for means of tourist transport

1. An application for issuance of badge for means of tourist transport includes:

a) An application form (Form No. 02 in Appendix hereof);

b) A list of information about equipment, service quality and staff on the means of tourist transport that must satisfy conditions prescribed in Clause 3 Article 45 of the Law on Tourism;

c) A copy of the vehicle registration certificate or appointment sheet for receipt of the vehicle registration certificate or copy of the certificate of technical safety and environmental safety. In case the means of tourist transport is not under the ownership of the transport service provider, it is additionally required to present a copy of the vehicle lease agreement with the vehicle owner or a copy of the service contract between the member and the cooperative.

2. Procedures for issuance of badges:

a) The tourist transport service provider shall submit 01 application, directly or by post, to the Department of Transport of the area where the provider’s headquarters or branch is located;

b) Within 02 working days and 07 working days from the receipt of a valid application, the Department of Transport shall carry out appraisal and issue the badge to the motor vehicle and inland waterway vehicle respectively. In case of refusal, a written notice specifying reasons thereof must be sent or notify the provider through its electronic transaction office;

c) During appraisal, the Department of Transport shall inspect the certificate of technical safety and environmental safety of the vehicle in Vietnam’s register system and transport service license issued to the transport service provider, update information to the cruise control system and only issue the badge to a vehicle if its cruise control device satisfies all regulations on installation and data transmission prescribed by the Ministry of Transport.

3. The badge for means of tourist transport (Form No. 03 in the Appendix hereof) shall be valid for 07 years which shall not exceed the remaining useful life of the means.

Article 18. Issuance of badges

1. A badge shall be replaced in the following cases:

a) Change of owner of means of tourist transport or change of tourist transport service providers;

b) Expiry.

2. Applications, procedures for and power over replacement of badges are specified in Article 17 of this Decree.

Article 19. Reissuance of badges

1. A badge shall be reissued in case it is lost or damaged.

2. Procedures for reissuance of a badge:

a) The transport service provider shall submit an application form using Form No. 02 in the Appendix hereof to the Department of Transport which issued the badge;

b) Within 02 working days from the receipt of the application form, the Department of Transport shall consider reissuing the badge to the means of transport. In case of refusal, a written notice specifying reasons thereof must be sent or notify the provider through its electronic transaction office.

3. The expiry of the lost or damaged badge is the same as that of the old badge.

Article 20. Revocation of badges

1. The badge of the inland waterway vehicle shall be revoked in the following cases:

a) Conditions to be met by the vehicle operator, staff, equipment and quality of the vehicle are not met.

b) The vehicle is involved in an accident and no longer satisfies technical requirements or the certificate of technical safety and environmental safety of the vehicle is revoked;

c) The issued badge is lent to be attached to another vehicle.

2. The badge of the motor vehicle shall be revoked in accordance with Government’s regulations on provision and conditions for provision of transport services by motor vehicles.

3. The Department of Transport shall revoke the badge.

4. The transport service provider shall return the badge if a revocation notice of the Department of Transport is obtained.

Section 3. MANDATORY REQUIREMENTS FOR INFRASTRUCTURE AND SERVICES TO BE SATISFIED BY A TOURIST ACCOMMODATION ESTABLISHMENT

Article 21. Categories of tourist accommodation establishments

1. Hotel: it must satisfy requirements for quality of infrastructure, equipment and services necessary to serve tourists, including hotel resort, motel, floating hotel and city hotel.

a) Hotel resort: it is built in the form of blocks or complex of villas, apartments and low-rise buildings and apartments in areas with beautiful natural landscape;

b) Motel: it is built near roads and has parking lots to serve accommodation demands of tourists who use road vehicle (mopeds, motor vehicles) to travel or take a break during a long drive;

c) Floating hotel: it floats on the surface of the water and is able to move when necessary;

d) City hotel: it is constructed in urban areas.

2. Tourist villa: it is built for lease and furnished with all necessary equipment and amenities so that tourists can serve themselves during their stay.

3. Tourist apartment: it is furnished with all necessary equipment and amenities so that tourists can serve themselves during their stay.

4. Cruise ship: it is a water way vehicle that is equipped with sleeping rooms to serve tourists' accommodation demands.

5. Tourist guest house: it is furnished with all necessary equipment and amenities to serve tourists.

6. Homestay: it is a house with areas furnished with necessary equipment and amenities to serve tourists' accommodation demands. Tourists live with the house owner’s family.

7. Tourist campsite: it is an area planned in areas with beautiful natural landscape and necessary infrastructure and services provided for campers.

Article 22. Mandatory requirements for infrastructure and services to be satisfied by a hotel

1. There must be electricity system, clean water supply system and water drainage system.

2. There must be at least 10 bedrooms, reception and shared toilets.

3. Hotel resorts and motels must have parking lots.

4. Hotel resorts, floating hotels and motels must have kitchens, dining rooms and provide food services.

5. There must be beds, mattresses, duvets, pillows, face towels, towels. Mattress, duvet and pillow covers must be changed for every new guest.

6. Staff must be available 24 hours a day.

7. Manager and staff must be provided with training in tourism.

Article 23. Mandatory requirements for infrastructure and services to be satisfied by a tourist villa

1. Requirements specified in Clauses 1, 5 and 6 Article 22 of this Decree must be satisfied.

2. Seating area, bedrooms, kitchens, bathrooms and toilets must be available.

Article 24. Mandatory requirements for infrastructure and services to be satisfied by a tourist apartment

1. Requirements specified in Clauses 1 and 5 Article 22, Clause 2 Article 23 of this Decree must be satisfied.

2. The apartment manager must be provided with training in tourism.

Article 25. Mandatory requirements for infrastructure and services to be satisfied by a cruise ship

1. The ship must be in good condition and the register is still available. It also must carry life jackets, lifebuoys, means of communication and first aid cabinets.

2. There must be electricity and clean water supply system, equipment for collecting waste and wastewater to ensure environmental safety.

3. There must be a seating area, cabins, bathrooms, toilets, kitchens, dining rooms and food services.

4. Requirements specified in Clauses 5 and 7 Article 22 of this Decree must be satisfied.

5. Managers and staff must be provided with training in tourism and river and sea rescue.

Article 26. Mandatory requirements for infrastructure and services to be satisfied by a tourist guest house

1. There must be electricity system, clean water supply system and water drainage system.

2. There must be a seating area and bedrooms. A shared bathroom/toilet must be available in case bedrooms do not feature an en-suite bathroom/toilet.

3. Requirements specified in Clauses 5, 6 and 7 Article 22 of this Decree must be satisfied.

Article 27. Mandatory requirements for infrastructure and services to be satisfied by a homestay

1. There must be lights and clean water.

2. There must be a common area, accommodations, kitchens, bathrooms and toilets.

3. There must be beds, mattresses or mats; duvets, pillows, mosquito nets, face towels, towels. Mattress cover or mat must be changed. Duvet and pillow covers, face towels and towels must be changed for every new guest.

4. The homestay owner must be provided with training in tourism.

Article 28. Mandatory requirements for infrastructure and services to be satisfied by a tourist campsite

1. There must be a seating area, tented campsites, parking lots, shared bathrooms/toilets.

2. There must be clean water.

3. There must be camping equipment and tools and first aid kits.

4. There must be security guards upon arrival of tourists.

5. Requirements specified in Clause 6 Article 22 of this Decree must be satisfied.

Article 29. Inspection and supervision of fulfillment of mandatory requirements for infrastructure and services by a tourist accommodation establishment

1. At least 15 days before operation, the tourist accommodation establishment shall send a written notice to the Department of Tourism or the Department of Culture, Sports and Tourism of the area where the tourist accommodation establishment is located. The notice consists of:

a) Name, type and scope of the tourist accommodation establishment;

b) Address of the tourist accommodation establishment, information about the legal representative;

c) Commitment to fulfillment of conditions for provision of tourist accommodation services prescribed in Article 49 of the Law on Tourism and this Decree.

2. According to the approved working plan or regulations of law, the Department of Tourism or the Department of Culture, Sports and Tourism of the area where the tourist accommodation establishment is located shall inspect fulfillment of mandatory requirements for infrastructure and services provided for tourist. Within 07 working days from the end of the inspection, the Department of Tourism or the Department of Culture, Sports and Tourism shall send a written notice of inspection results to the tourist accommodation establishment

In case the tourist accommodation establishment fails to satisfy mandatory requirements applied to corresponding category of the tourist accommodation establishment prescribed in this Decree, the Department of Tourism or the Department of Culture, Sports and Tourism shall request the tourist accommodation establishment fulfill all mandatory requirements and change to an appropriate category. The tourist accommodation establishment shall send written notice of fulfillment of mandatory requirements or change of category to the Department of Tourism or the Department of Culture, Sports and Tourism.

3. In case the tourist accommodation establishment submits an application for rating at the same time as it starts its business, the authority that has power to carry out appraisal and assign ratings as prescribed in Clause 3 Article 50 of the Law on Tourism shall cooperate in inspecting fulfillment of mandatory requirements, carrying out appraisal and assign a rating to the tourist accommodation establishment.