Chương II: Thông tư 06/2017/TT-BVHTTDL Kinh doanh dịch vụ lữ hành

Chapter II

TRAVEL SERVICES

Article 3. Persons in charge of provision of travel services

1. The person in charge of provision of travel services is a person who holds one of the following positions: the President of the Board of Directors, the President of the Board of Members, the President of a company, the owner of a sole proprietorship, the General Director, the Director or Deputy Director, the head of the travel service division.

2. Majors in travel specified in Point c Clause 1 and Point c Clause 2, Article 31 of the Law on Tourism include:

a) Tourism services and travel management;

b) Travel management;

c) Tour operation;

d) Tourism marketing;

dd) Tourism;

e) Travel tourism;

g) Tourism management and business.

3. The degree awarded by a foreign training institution shall be acknowledged as prescribed by the Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs;

Article 4. Tourism operation training programs

1. A domestic tourism operation training program includes:

a) Basic professional knowledge: Vietnam's political system, legal documents concerning tourism, introduction to tourism, tourism marketing, tourist psychology and art of communication;

b) Professional knowledge and tour operation training: introduction to travel service providers, tourism market and product, product design and tour program pricing, Vietnam’s tourism areas and tourist attractions, tour operation, sales and customer service, marketing and communications, procedures for domestic air freight, application of information technology to enterprise management and development;

c) Practice in domestic tour operation.

2. An international tourism operation training program includes:

a) Basic professional knowledge: Vietnam's political system, legal documents concerning tourism, introduction to tourism, tourism marketing, tourist psychology and art of communication, international cultural exchange;

b) Professional knowledge and tour operation training: introduction to travel service providers, tourism market and product, product design and tour program pricing, Vietnam’s tourism areas and tourist attractions, training in tour operation, sales and customer service, marketing and communications, currency and international settlement in tourism, immigration services,  procedures for domestic and international air freight, application of information technology to enterprise management and development;

c) Practice in international tour operation.

Article 5. Organization of examinations and issuance of certificates of training in tour operation

1. A training institution is allowed to organize examinations and issue certificates of training in tour operation if it:

a) is a college-level or higher training institution licensed to provide training in the majors specified in Clause 2, Article 3 of this Circular;

b) has an examination organization plan which includes the following contents: tests on the knowledge specified in Article 4, Point a, Clause 3 of this Article, organization procedures, infrastructure and examination board;

c) does not violate regulations on organization of examinations and issuance of certificates of training in tour operation within 03 years before the day on which the training institution organizes the examination.

2. The training institution shall:

a) follow inspection, supervision and professional instructions given by the General Department of Tourism;

b) update and supplement tests twice a year;

c) retain examinees’ applications, exam papers, exam results and documents relating to examinations in accordance with regulations of law;

d) send notice enclosed with the examination organization plan specified in Point b, Clause 1 of this Article to the General Department of Tourism at least 30 days before the date of examination;

dd) send exam results to the General Department of Tourism and update the list of examinees issued with the certificate on the travel management website within 45 days from the end of the examination.

3. The General Department of Tourism has the power to:

a) decide on structure and volume of tour operation tests according to the knowledge specified in Article 4 of this Circular and publish them on the web portal of the Ministry of Culture, Sports and Tourism. The test shall consist of theory and skill parts.

b) provide guidance and carry out inspection and supervision of organization of examinations and issuance of certificates of training in tour operation;

c) request a training institution not to organize examinations in tour operation in case it is discovered that the institution fails to satisfy the criteria specified in Clause 1 of this Article until it satisfies all criteria.

4. The certificate of training in domestic tour operation and certificate of training in international tour operation shall be issued to the person who has passed the equivalent tour operation examination.

Article 6. Procedures for revocation of the license for provision of travel services in case the travel service provider terminates its services, dissolves or goes bankrupt

1. Application for termination of travel services:

a) In case the travel service provider terminates its services, the application consists of a notice of termination of travel services and issued license for provision of travel services;

b) In case the travel service provider dissolves or is dissolved, the application consists of a notice of termination of travel services, issued license for provision of travel services, a decision on dissolution, the provider’s meeting minute in case the provider dissolves as prescribed in Points a, b and c, Clause 1, Article 201 of the Law on Enterprises, a decision on revocation of the enterprise registration certificate or the judicial decision on dissolution in case the provider dissolves as prescribed in Point d, Clause 1, Article 201 of the Law on Enterprises;

c) In case the travel service provider goes bankrupt, the application consists of the judicial decision on initiating bankruptcy proceedings enclosed with the issued license for provision of travel services.

2. Procedures for revocation of the license for provision of travel services:

a) The provider shall submit an application for termination of travel services to the licensing authority;

b) Within 05 working days since receipt of a valid application, the licensing authority shall issue a decision on revocation of the license for provision of travel services. The decision on revocation of the license shall be issued to the provider, immigration authority, tax authority and business registration authority of the province where the provider’s headquarters is located, and published on the web portal of the licensing authority and travel service provider management website.

3. Refund of deposits after revocation of the license for provision of travel services:

a) After 60 days from the day on which the decision on revocation of the license for provision of travel services is published on the web portal of the licensing authority and travel service provider management website, in case of no complaints and denunciations related to obligations towards tourists or tourism service providers, the licensing authority shall request banks to let the travel service provider to withdraw its deposits. In case of complaints and denunciations related to obligations towards tourists or tourism service providers, the licensing authority shall cooperate with relevant competent authorities in taking actions in accordance with regulations of law;

b) In case the provider goes bankrupt, the deposits shall be decided by the court in accordance with regulations of the Law on Bankruptcy.

Article 7. Procedures for revocation of the license for provision of travel services in the cases specified in Points b, c, d, dd, e, g and h, Clause 1, Article 36 of the Law on Tourism

1. Within 15 days from the day on which an inspection conclusion is issued by the competent authority, the licensing authority shall issue a decision on revocation of the license for provision of travel services. The decision shall be issued to the provider, inspecting authority, immigration authority, tax authority and business registration authority of the province where the provider’s headquarters is located, and published on the web portal of the licensing authority and travel service provider management website.

2. Within 30 days since receipt of the decision on revocation of the license, the provider shall submit a report on discharge of obligations to tourists and tourism service providers under the signed contract, enclosed with the issued license to the licensing authority.

3. After the provider fulfills the obligation specified in Clause 2 of this Article, deposits shall be refunded as prescribed in Point a, Clause 3, Article 6 of this Circular.