Chương 3 Nghị định 27/2001/NĐ-CP: Hướng dẫn du lịch

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.