Chương 2 Nghị định 27/2001/NĐ-CP: Kinh doanh lữ hành

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.