Chương 2 Nghị định 39/2000/NĐ-CP: Kinh doanh cơ sở lưu trú du lịch

Chapter II

DOING BUSINESS IN TOURIST ACCOMMODATION ESTABLISHMENTS

Article 6.- Business forms

1. Business forms:

a/ Doing business in tourist accommodation establishments shall take the following forms:

- Enterprises.

- Individual business households.

b/ Organizations and individuals may do business in one or more than one tourist accommodation establishment prescribed in Article 4 of this Decree at a time.

c/ One tourist accommodation establishment may be an enterprise or an affiliate unit of an enterprise.

2. All organizations and individuals doing business in tourist accommodation establishments must register their business as prescribed by law.

Article 7.- Conditions for doing business in tourist accommodation establishments

Tourist accommodation establishments must ensure the following conditions:

1. Tourist accommodation establishments must be located some distance away from schools, hospitals or places that may cause pollution in accordance with the regulations of the localities where the establishments are built; not within or close to defense and security zones and/or protected targets.

2. Their material bases, facilities and equipment meet the standards required for each category of tourist accommodation establishments.

Article 8.- Provision of services subject to conditional business at tourist accommodation establishments

1. Tourist accommodation establishments not classified one-star, two-star, three-star, four-star or five-star must abide by current regulations when doing business in goods and services subject to conditional business.

2. Tourist accommodation establishments classified as one-star, two-star, three-star, four-star or five-star are not required to have business licenses when dealing in goods and services subject to conditional business, but must register them with the functional agencies before so doing.

Those who provide services subject to conditional business at accommodation establishments must meet all the conditions and criteria prescribed by law.

Article 9.- Categorization and classification of tourist accommodation establishments

1. Categories and classes of tourist accommodation establishments shall serve as basis for determination of their quality; for organizations and individuals doing business in tourist accommodation establishments to invest in the construction thereof, to advertise and conduct business activities.

2. Within (6) six months after the commencement of business activities, the tourist accommodation establishment owners must proceed with the registration so that the competent agencies consider and issue category and class certificates to their establishments according to the provisions in Clause 3, Article 14 and Clause 3, Article 15, of this Decree.

3. The tourist accommodation establishment owners shall have to ensure and maintain the standards and conditions of their establishments according to the right category and class already registered or recognized. Where a tourist accommodation establishment, after its category and class has been recognized, satisfies new conditions and standards for a higher category or fails to maintain the conditions and standards of its recognized category and class, the competent agency shall consider and issue a new category and class certificate compatible with the actual conditions and standards of the establishment.

4. Within 15 days after receiving the notices of the competent agencies on the category and class of their establishments, the tourist accommodation establishment owners may lodge complaints with the competent agencies about the recognition of their establishments’ category and class if they deem it unsatisfactory,

5. The fee for evaluation and categorization of tourist accommodation establishments shall be prescribed by the Ministry of Finance.

Article 10.- Rights of organizations and individuals doing business in tourist accommodation establishments.

1. Organizations and individuals doing business in tourist accommodation establishments shall have the following rights:

a/ To hire managers, executives and professional staff (regardless of Vietnamese or foreigners).

b/ To decline or cancel accommodation contracts with tourists in the following circumstances:

- Tourists fail to abide by the establishment’s internal rules already announced beforehand.

- Tourists requests are beyond the establishment’s capability.

- Tourists are detected as having committed law-breaking acts.

- Tourists are found as carrying contagious diseases.

- In special cases where the tourist accommodation establishments are unable to admit tourists.

c/ To refuse illegal inspections or supervisions.

d/ Other rights as prescribed by law.

2. Apart from the rights prescribed in Clause 1 of this Article, tourist accommodation establishments classified one-star, two-star, three-star, four-star or five-star shall also have the rights:

a/ To register for use of satellite television signal reception equipment.

b/ To be introduced in the promotion publications of the agencies exercising State management over tourism.

Article 11.- Obligations of organizations and individuals doing business in tourist accommodation establishments

Organizations and individuals doing business in tourist accommodation establishments shall have the following obligations:

1. To conduct only the business lines already registered. In the process of operation to ensure and continuously maintain the conditions and standards prescribed for their category and class already registered or recognized.

2. To notify in writing the time of commencement of business to the agencies exercising State management over tourism.

3. To post up signboards of their tourist accommodation establishments already recognized and only make advertisement in strict accordance with the recognized category and class.

4. To ensure and maintain the service quality, the quality of their facilities and equipment up to their category and class already recognized.

5. To ensure the criteria for environmental sanitation, food and foodstuff hygiene and safety and satisfy the hygiene requirements during the service process.

6. To apply measures to ensure the safety for tourists’ lives and properties.

7. To make the temporary residence declaration and registration according to regulations.

8. To publicly post up the selling prices of goods and services at their tourist accommodation establishments.

9. To strictly abide by the regimes on book-keeping, accounting, and archive of dossiers and documents on business activities as well as the reporting regime according to law provisions.

10. To prepare the tourist accommodation establishments’ internal rules in Vietnamese and a foreign language.

11. To fulfill other obligations as prescribed by law.

Article 12.- Management of staying tourists

The tourist accommodation establishments shall have to:

1. Request tourists to present their personal papers and only admit tourists with complete and valid personal papers.

2. Archive lists of tourists who have stayed at the establishments together with other necessary information according to the competent State management agencies regulations.

Article 13.- Assurance of social security, order and safety

To strictly forbid all acts of taking advantage of business activities regarding tourist accommodation establishments to trade in, store and/or use narcotics; illegally using weapons, support instruments, explosive materials, inflammables, noxious and radioactive substances, organizing prostitution, harboring and pimping prostitutes; disseminating cultural products banned from circulation, spreading superstitious practices, harboring fugitives from justice, and other illegal activities causing harm to social security, order and safety, acts in contravention of the nation’s fine customs and practices, adversely affecting the tourism development environment.