Nghị định 27/2001/NĐ-CP về việc kinh doanh lữ hành, hướng dẫn du lịch

DECREE

ON TOUR BUSINESS AND TOURIST GUIDING

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Enterprise Law No. 13/1999/QH13 of June 12, 1999;
Pursuant to the Tourism Ordinance No. 11/1999/PL-UBTVQH10 of February 8, 1999;
At the proposal of the General Director of Tourism,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Application scope and objects

1. This Decree prescribes tour business and tourist guiding.

2. This Decree shall apply to all Vietnamese organizations and individuals of all economic sectors and foreign organizations and individuals operating under the Law on Foreign Investment in Vietnam, that deal in tour business and tourist guiding, except otherwise provided for by the legislation on foreign investment in Vietnam.

Article 2.- In this Decree, the terms below shall be construed as follows:

1. Tourists are persons who travel for purely tourist or combined tourist purpose, except those who travel for study, working or professional practices to earn income at their destination places.

2. International tourists mean foreigners and overseas Vietnamese who enter Vietnam for tourism; Vietnamese citizens and foreigners residing in Vietnam who travel abroad for tourism.

3. Domestic tourists mean Vietnamese citizens and foreigners residing in Vietnam, who travel within the Vietnamese territory.

4. Tourist programs mean pre-set timetables of journeys organized by tour business enterprises, in which the journey duration, tourist destination, stops, accommodation, transport and other services and package prices are determined.

5. Tour business means the elaboration, sale and implementation of tourist programs for profit-making purpose.

6. Tourist guides are persons who guide tourists according to tourist programs and get paid for the guiding service.

Tourist guides do not include on-site narrators and persons sent by agencies or organizations in company of tourists being foreigners.

Chapter II

TOUR BUSINESS

Article 3.- Tour business

1. Organizations and individuals doing tour business must register for the establishment of enterprises according to the provisions of legislation on enterprises and commit to fully satisfy the conditions prescribed in this Decree.

2. The establishment of tour enterprises, the business registration and the addition of tour business line shall comply with the Law on State Enterprises, the Law on Enterprises, the Law on Cooperatives, the Law on Foreign Investment in Vietnam.

Article 4.- Conditions for domestic tour business

1. Having tour business plan.

2. Paying a deposit of VND 50 (fifty) million.

3. Making business registration strictly according to law provisions.

Article 5.- Rights and obligations of domestic tour enterprises

1. The domestic tour enterprises have the following rights:

a) To elaborate, advertise, sell and organize the implementation of, tourist programs for domestic tourists, overseas Vietnamese entering Vietnam for tourism;

b) To set up branches and/or representative offices according to law provisions;

c) To join clubs and/or professional associations;

d) To conduct tourist promotion and advertisement activities strictly according to their functions, powers and tourist business scope;

e) Other rights as prescribed by law.

2. The domestic tour enterprises have the following obligations:

a) To abide by and popularize tourists with Vietnamese laws, State regulations on security as well as social order and safety, on environmental protection, the nation�s cultural traits, fine traditions and customs, and guide them in the observance thereof;

b) To apply measures to ensure safety for the health, lives and property of tourists;

c) To publicize prices and implementation conditions of tourist programs, tourist services; to provide services to customers in accurate quantity and quality as advertised;

d) To notify the time of commencing the business operation to the concerned tourism authorities of provinces or centrally-run cities;

e) Not to permit other organizations, individuals to use their legal person status, enterprise names for tourist business activities;

f) To fulfill other obligations as prescribed by law.

Article 6.- Conditions for international tour business

1. Having the business license for international tour.

2. Paying a deposit of VND 250 (two hundred and fifty) million.

3. Making business registration according to law provisions.

4. Having at least 3 tourist guides granted cards thereof.

Article 7.- Granting international tour business licenses

1. The dossiers of application for the granting of international tour business licenses include:

a) The application for an international tour business license;

b) The lawful copies of papers prescribed in Article 6 of this Decree.

2. The procedures for the granting of international tour business licenses include:

a) Enterprises send a set of dossiers of application for the granting of international tour business licenses (hereinafter called the dossiers for short) to the tourism authorities of the provinces or centrally-run cities where the enterprises are headquartered;

b) Within 15 days after receiving full dossiers from the enterprises, the dossier- receiving agencies shall have to complete the evaluation of dossiers and send their written proposals together with the full dossiers to the competent bodies for consideration and granting of the licenses. In cases where the enterprises fail to fully meet the criteria for consideration and granting of licenses, the dossier- receiving bodies shall have to notify them in writing thereof, clearly stating the reasons therefor and at the same time send reports to the General Department of Tourism;

c) Within 15 days after receiving the written proposals of the dossier-receiving bodies, the agencies competent to grant licenses shall have to consider and grant the international tour business licenses to the enterprises. In case of refusal to grant licenses, they must notify the dossier-receiving bodies and the enterprises thereof in writing, clearly stating the reasons therefor;

d) The General Department of Tourism publicizes the procedures for license granting along the direction of simplicity, convenience, not causing troubles and obstacles to business activities of enterprises and effects the granting of international tour business licenses.

Article 8.- Rights and obligations of international tour enterprises

1. The international tour enterprises have the following rights:

a) To elaborate, advertise, sell and organize the implementation of, tourist programs;

b) To set up branches and/or representative offices according to law provisions;

c) To join clubs and/or professional associations;

d) To conduct tourist promotion and advertisement activities;

e) To carry out procedures, applying for the approval of personnel who apply for tourists entries, exits and transits with competent State bodies;

f) Other rights as prescribed by law.

2. The international tour enterprises have the following obligations:

a) To abide by and popularize the tourists with, the Vietnamese State’s laws and regulations on security, social order and safety, on environmental protection, the nation’s cultural traits, fine traditions and customs, and guide the tourists in the observance thereof;

b) To apply measures to ensure safety for the health, lives and property of tourists;

c) To publicize prices and implementation conditions of tourist programs, tourist services; to provide services to tourists with the right quantity and quality as advertised;

d) To notify the time of commencing the business operation to the provincial/municipal tourism authorities;

e) To propagate and advertise for Vietnamese tourism;

f) To employ only tourist guides already granted cards to guide tourists;

g) To manage tourist guides, provide professional training and fostering for tourist guides of the enterprises;

h) Not to allow other organizations and/or individuals to use their legal person status, names for tourist business activities;

i) To fulfill other obligations as prescribed by law.

Article 9.- Rights and obligations of foreign-invested international tour enterprises

The foreign-invested enterprises, which are allowed to do tour business under the licenses granted by competent State bodies of Vietnam, shall have the rights and obligations prescribed in this Decree as well as the rights and obligations prescribed in the Law on Foreign Investment in Vietnam and the relevant legal documents.

Chapter III

TOURIST GUIDING

Article 10.- Practice of tourist guiding

Those who fully meet the criteria prescribed in this Decree shall be considered for the granting of tourist guide’s card. Only persons already granted cards can practice tourist guiding for foreign tourists. A tourist guide can only practice his/her occupation when he/she works at a tour business enterprise.

Article 11.- Rights and obligations of tourist guides

1. The tourist guides have the following rights:

a) To guide tourists according to their assigned tasks or under contracts already signed with tour enterprises;

b) To join professional associations;

c) To guide tourists according to domestic and overseas tourist programs;

d) To receive wages, remuneration under contracts signed with the employing units;

e) To sit for examinations for recruitment, recognition of professional grades of tourist guides;

f) Other rights as prescribed by law.

2. The tourist guides have the following obligations:

a) To abide by and guide tourists to abide by Vietnamese laws, rules and regulations at the tourist sites and respect the local customs and practices;

b) To guide tourists according to programs, showing civilized attitudes, wholeheartedness and thoughtfulness to tourists;

c) To be responsible for ensuring the safety of lives and property of tourists;

d) To provide information on the journeys to tourists and other legitimate interests of tourists;

e) To wear the guide’s card while on duty;

f) To perform other obligations as prescribed by law.

Article 12.- Things the tourist guides must not do

The tourist guides must not:

1. Take advantage of tour activities to provide information which cause harms to the national security, social order and safety;

2. Let other persons borrow the guide’s card;

3. Commit acts and/or use words which cause bad impacts on the images, fine traditions and customs of Vietnam;

4. Take tourists to restricted areas;

5. Change the tourist programs, which have already been notified to tourists, without the consents of tourists.

6. Gain illicit profits from tourists, force with entreaties tourists to buy goods, services;

7. Casually cut the norms, services to be enjoyed by tourists;

8. Show discrimination against tourists;

Article 13.- Granting tourist guide’s card

Those who fully meet the following conditions shall be granted tourist guide’s card:

1. Having the Vietnamese citizenship, permanently residing in Vietnam, having full civil act capacity;

2. Not being infected with contagious diseases, not using addictive substances;

3. Having bachelor or higher degree and having certificate of fostering in tourist guiding granted by competent training establishments;

4. Having bachelor degree in foreign language or certificate of tourism foreign language(s), granted by competent training establishments;

Article 14.- Dossiers of application for the granting of guide’s card

The dossiers of application for the granting of guide’s card shall include:

a) The application for the granting of card;

b) The curriculum vitae (with certification by the People’s Committee of ward or commune where the applicant resides or the agency where he/she works);

c) The notarized copies of:

- The bachelor diploma and certificate of fostering in tourist guide;

- The bachelor diploma in foreign language(s) or certificate of tourism foreign language(s);

d) The health check paper and photos.

Article 15.- Procedures for the granting of guide’s card

1. Those who fully meet the conditions prescribed in Article 13 of this Decree shall submit dossiers of application for card granting to the competent State management bodies in charge of tourism.

2. Within 15 days after receiving the full dossiers, the State management bodies in charge of tourism shall have to consider and grant the tourist guide’s card; in case of refusal to grant cards, the competent State management bodies in charge of tourism must reply the applicants in writing and clearly state the reasons therefor.

3. The General Department of Tourism shall authorize the State management bodies in charge of tourism in the provinces and centrally-run cities to effect the granting of tourist guide’s card.

The tourist guide’s cards are valid nationwide.

Article 16.- Renewal, re-granting and withdrawal of guide’s card

1. Cases of renewal, re-granting of guide’s card:

Where their cards are damaged or lost, tourist guides shall have to compile dossiers applying for renewal or re-granting of cards.

2. A dossier of application for card renewal, re-granting shall include:

a) The application;

b) Two 3 x 4 photos;

c) The old card for case of card renewal, or certification of police office for case of card loss.

3. Withdrawal of guide’s card

Tourist guides shall have their cards withdrawn if they commit violations in one of the following cases:

a) Violating Clause 1 or Clause 2 of Article 12;

b) Violating Clauses from 3 to 8 of Article 12.

4. When having their cards withdrawn, the tourist guides may only be considered for re-granting after 6 (six) months as from the date of withdrawing the cards. The dossiers and procedures to apply for card granting shall comply with the provisions in Articles 14 and 15 of this Decree.

Chapter IV

STATE MANAGEMENT OVER TOUR BUSINESS, TOURIST GUIDING AND TRANSPORTATION OF TOURISTS

Article 17.- The State management over tour business, tourist guiding and transportation of tourists

1. The General Department of Tourism shall exercise the State management over tour business and tourist guiding; propose to the Government policy mechanisms on tourism, promulgate, according to its competence, guiding documents and organize the implementation of legal documents on tour, tourist guiding, provide information on tourism; coordinate with the ministries and branches in guiding localities to exercise the State management over tourism, inspect and handle violations according to law provisions.

2. The General Department of Tourism shall publicly announce the conditions and procedures for the granting of international tour business licenses so that enterprises have grounds to draw up and implement tourist programs and make business registration.

3. The General Department of Tourism has the responsibility to inspect and supervise the granting of tourist guide’s cards and handle violations according to current law provisions, including the withdrawal of papers of authorization to grant tourist guide’s cards.

4. The General Department of Tourism shall assume the prime responsibility and coordinate with the Ministry of Education and Training and the Ministry of Culture and Information to define conditions and training establishments competent to grant certificates of tourist guides fostering, certificates of tourism foreign languages prescribed in Clauses 3 and 4, Article 13 of this Decree.

5. The Ministry of Communications and Transport shall assume prime responsibility and coordinate with the concerned branches and localities in guiding in detail the criteria and conditions on means and operators of means for the transportation of tourists.

6. The State management bodies in charge of tourism in the provinces and centrally-run cities shall exercise the management of tour business activities, practice of tourist guding, transportation of tourists in localities; guide and inspect the observance of business conditions in localities according to the provisions of law.

Chapter V

COMMENDATION AND HANDLING OF VIOLATIONS

Article 18.- Commendation

Organizations and individuals that record achievements in tour business, tourist guiding and/or transportation of tourists shall be commended and/or rewarded according to the provisions of law.

Article 19.- Handling of violations

1. Organizations and individuals that do tour business but fail to make business registration, enterprises which do international tour business without licenses or commit errors in performing the obligations prescribed in Clause 2, Article 8 of this Decree, and international tourist guides who have no guide’s cards shall, depending on the nature and seriousness of their violations, be administratively handled, have their business licenses withdrawn or be examined for penal liability; if causing damage, they must pay compensation therefor according to the provisions of law.

2. Those who abuse their positions and powers and act in contravention of the provisions of this Decree as well as other law provisions related to tour business and tourist guiding shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing damage, they must pay compensation therefor as prescribed by law.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 20.-

1. Tour business enterprises, which were licensed and registered for business activities before the date of promulgation of this Decree, may continue their business operation but have to adjust and supplement all conditions for operation according to the provisions of this Decree.

2. Those who were granted tourist guide’s cards before the promulgation of this Decree, which have not yet expired, may continue to use the granted cards for tourist guiding.

Article 21.- This Decree takes effect 15 days after its signing. The previous provisions contrary to this Decree are all now annulled.

Article 22.- The General Department of Tourism shall have to assume the prime responsibility and coordinate with the concerned ministries and branches in guiding the implementation of this Decree.

Article 23.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.

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