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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.149/2007/ND-CP
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Hanoi,
October 09, 2007
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DECREE
ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF
TOURISM
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government dated December 25, 2001;
Pursuant to the Law on Tourism dated June 14, 2005;
Pursuant to the Ordinance on the Handling of Administrative Violations dated
July 2, 2002;
At the proposal of the Minister of Culture, Sports and Tourism,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of
regulation
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2. Administrative violations in the domain of
tourism are acts unintentionally or intentionally committed by individuals or
organizations violating the provisions of law on state management in the domain
of tourism but not yet constituting crimes and, according to the provisions of
the Ordinance on the Handling of Administrative Violations, subject to
administrative sanction.
3. Acts of administrative violation in the
domain of tourism prescribed in this Decree include:
a) Acts of violating regulations on travel
business, tourist guiding and tourist transportation business;
b) Acts of violating regulations on tourist
accommodation business;
c) Acts of violating regulations on tourism
promotion;
d) Acts of violating regulations on other
tourism activities;
4. Other acts of administrative violation in the
domain of tourism not governed in this Decree shall be sanctioned under the
provisions of other government decrees on sanctioning of administrative
violations in relevant state management domains.
Article 2. Subjects of
application
1. Vietnamese and foreign organizations and
individuals (collectively referred to as individuals and organizations) that
commit acts of administrative violation in the domain of tourism in the
Vietnamese territory.
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3. Cadres and public employees committing acts
specified in Chapter II of this Decree while on duty are not subject to
administrative sanction but shall be handled in accordance with the law on
cadres and public employees.
Article 3. Principles
for sanctioning
1. All acts of administrative violation in the
domain of tourism must be promptly detected and immediately stopped.
Sanctioning must be carried out in a quick, just and thorough manner and in
accordance with law; all consequences caused by acts of administrative
violation must be remedied in accordance with law.
2. Individuals and organizations may be
administratively sanctioned only when they commit acts of administrative
violation prescribed by law.
3. The sanctioning of administrative violations
in the domain of tourism must be carried out in accordance with law by
competent persons defined in Chapter III of this Decree.
4. One act of administrative violation in the
domain of tourism shall be sanctioned only once. A person or an organization
that commits many acts of administrative violation shall be sanctioned for each
of these acts. If several persons or organizations jointly commit one act of
administrative violation, each shall be sanctioned.
5. The sanctioning of administrative violation
in the domain of tourism must be based on their name nature and severity,
personal history of violations as well as extenuating or aggravating
circumstances so as to decide on principal sanctioning forms additional
sanctioning forms and appropriate remedies. Extenuating and aggravating
circumstances are prescribed in Articles 8 and 9 of the Ordinance on the
Handling of Administrative Violations.
6. Administrative violations committed in cases
of emergency, legitimate self-defense, unexpected events or those committed by
persons who suffer from mental diseases or other illnesses which render them
incapable of being aware of or controlling their acts, are not sanctioned.
Article 4. Statute of
limitations for sanctioning
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2. For individuals against whom criminal cases
had been instituted, who had been prosecuted or against whom decisions to bring
their criminal cases for trial had been issued, if decisions on terminating
investigation or the criminal cases were later issued but their acts of
violation show signs of administrative violation, these individuals shall be
administratively sanctioned. In this case, the statute of limitations for
sanctioning administrative violations is three months, counting from the date
persons with sanctioning competence receive termination decisions and dossiers
of the cases of violation.
3. Within the period stated in Clause 1 or
Clause 2 of this Article, if individuals or organizations commit new acts of
administrative violation in the same domain in which they previously committed the
violations or they intentionally shirk or obstruct sanctioning, they
intentionally shirk or obstruct sanctioning, they are not entitled to the
application of the statute of limitations stated in Clause 1 or Clause 2 of
this Article, the statute of limitations for sanctioning administrative
violations shall be recounted from the time the new acts of administrative
violation are committed or the time the acts of shirking or obstructing
sanctioning are stopped.
4. Past one year counting from the date an individual
or organization that has been sanctioned for an administrative violation in the
domain of tourism completely serves the sanctioning decision or from the date
of expiration of the statute of limitation for enforcing sanctioning decisions,
if he/she/it does not relapse into violation, he/she/it shall be considered not
having been sanctioned for administrative violations in the domain of tourism.
Article 5. Time limit
for issuing sanctioning decisions
1. For simple cases involving apparent acts of
violation and not requiring further verification, sanctioning decisions must be
issued within 10 days from the date written records of acts of administrative
violation are made. Administrative violation-sanctioning decisions must be made
according to the form set by a competent agency.
2. For complicated cases in which exhibits and
means of violation need assessment, violators need to be identified or other
complicated circumstances are involved, the time limit for issuing sanctioning
decisions is 30 days from the date written records of acts of administrative
violation are made.
3. When more time is needed for verification and
collection of evidences, at least 10 days before the end of the time limit
stated in Clause 2 of this Article, persons with sanctioning competence shall
report it in writing to their immediate supervisors for extension permission;
extension must be expressed in writing and not exceed 30 days.
4. Competent persons may not issue sanctioning
decisions in the following cases:
a) The time limit stated in Clause 1 of this
Article has expired;
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c) The extended period approved by competent
authorities has expired.
5. If not issuing sanctioning decisions,
competent persons may still issue decisions on the application of remedies
specified in Clause 3, Article 6, of this Decree.
Article 6. Sanctioning forms
and remedies
1. For each act of administrative violation,
violating individuals or organizations are subject to one of the following
principal sanctioning forms:
a) Caution;
b) Fine.
The maximum fine level is VND 30,000,000. For
each fine imposed for an act of administrative violation, the specific level is
the average of the fine bracket prescribed for the act; if the violation
involves an extenuating circumstance(s), the fine level may be lower than the
average but not be lower than the minimum level of the fine bracket; if the
violation involves an aggravating circumstance(s), the fine level may be raised
to higher than the average but not be higher than the maximum level of the fine
bracket.
2. Depending on the nature and severity of
violation, violating individuals or organizations may be subject to one or more
of the following additional sanctioning forms:
a) Deprivation of the right to use international
travel business license or tourist guide's card for a specified or unspecified
period;
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3. Remedies:
Besides the principal and additional sanctioning
forms prescribed in Clauses 1 and 2 of this Article, depending on the nature
and severity of their violations, violating individuals or organizations may
also be subject to one or more of the remedies specified in Chapter II of this
Decree.
Chapter II
ACTS OF ADMINISTRATIVE
VIOLATION, SANCTIONING FORMS AND LEVELS
Section 1. ACTS OF
VIOLATION OF REGULATIONS ON TRAVEL BUSINESS, TOURIST GUIDING AND TOURIST
TRANSPORTATION
Article 7. Violations of
regulations on notification of travel business activities
Caution or a fine of between VND 500,000 and VND
1,000,000 shall be imposed for one of the following acts:
1. Failing to notify in writing the time of
commencing travel business to state agencies in charge of tourism in the
provinces or centrally run cities (below referred to as provincial-level state
agencies in charge of tourism) where enterprises are headquartered within 15
days after enterprises officially commence business activities.
2. Failing to notify in writing the replacement
of travel business representatives at law, change of the type of enterprise or
enterprise name or relocation of working offices of travel enterprises to
provincial-level state agencies in charge of tourism in 1ocalities where
enterprises are headquartered within 15 days after the replacement or change is
effected.
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4. Failing to notify in writing the setting up
and time of commencement of operation of branches or representative offices of
travel enterprises to provincial-level state agencies in charge of tourism in
localities where travel enterprises are headquartered and where branches or
representative offices are located within 15 days from the date branches or
representative offices are setup or officially operate.
5. Failing to notify in writing the replacement
of heads or change of names or relocation of branch offices or representative
offices of travel enterprises to provincial-level state agencies in charge of
tourism in localities where travel enterprises are headquartered and where
branch offices or representative offices are located within 15 days from the
replacement or change is effected.
Article 8. Violations of
regulations on travel business.
1.Caution or a fine of between VND 200,000 and
VND 500,000 shall be imposed for one of the following acts:
a) Employing administrators of domestic travel
business who have less than three years' working experience in the travel
domain;
b) Employing administrators of international
travel business who have less than four years' working experience in the travel
domain;
c) Administrators of domestic or international
travel business having not yet worked in the travel domain for a sufficient
duration as required by law;
d) Failing to notify the international travel
business license-granting agency of the loss of the international travel
business license within 7 days from the date of loss;
e) The travel contract lacking one of the
contents specified in Clause 3, Article 52, of the Law on Tourism.
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a) Failing to provide written tourist programs
to representatives of tourists' groups or individual tourists;
b) Failing to sign written travel contracts with
tourists or representatives of tourists according to regulations;
c) Failing to settle legitimate requests and
claims of tourists accordance with law;
d) Employing tourist guides for performing
tourist programs but failing to sign written labor contracts with them.
e) Failing to provide guidance and information
relating to tourist programs at the request of travel agents;
f) Failing to provide clear and truthful
information in a public manner on the number and prices of tourist services for
tourists.
3. A fine of between VND 1,000,000 and VND
2,000,000 shall be imposed for one of the following acts:
a) Travel business administrators using
certificates of working time not true to reality so also administer travel
business activities;
b) Failing to observe or strictly observe
regulations on compilation and filling of dossiers and documents.
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a) Using enterprise names, transaction names or
shortened names different from those already registered with a competent state
agency for business activities;
b) Failing to notify in time competent agencies
of accidents, risks or incidents occurring to tourists;
c) Using means and equipment that fail to ensure
health, life and property safety for tourists as prescribed by law;
d) Failing to observe reporting regulations
issued by the Ministry of Culture, Sports and Tourism and provincial-level
state agencies in charge of tourism.
5. A fine of between VND 3,000,000 and VND
5,000,000 shall be imposed for one of the following acts:
a) Conducting international travel business
without having at least three international tourist guides;
b) Employing persons who have no tourist guide
cards to guide tourists;
c) Failing to purchase insurance for Vietnamese
tourists traveling abroad during tourist programs according to regulations.
6. A fine of between VND 7,000,000 and VND
10,000,000 shall be imposed for one of the following acts:
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b) Erasing or modifying the contents of
international travel business licenses;
c) Collecting sums of money not specified in
contracts or illicit profits from tourists;
d) Failing to observe legal provisions on
management of branches, representative offices and affiliated units;
e) Failing to manage tourists according to
signed contracts or tourist programs;
f) Making false: declarations in dossiers of
application for the grant or renewal of international travel business licenses;
g) Failing to carry out procedures for renewing
international travel business licenses as required by law.
7. A fine of between VND 10,000,000 and VND
15,000,000 shall be imposed for one of the following acts:
a) Conducting international travel business
without international travel business license;
b) Leasing or lending international travel
business licenses;
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d) Employing foreigners as tourist guides in
Vietnam;
e) Continuing travel business activities after
having made notification on temporary cessation or termination of such
activities or having been suspended by a competent state agency from conducting
travel business.
8. Additional sanctioning forms:
a) Deprivation of the right to use international
travel business licenses for 06 months, for acts specified at points a and d,
Clause 4; and Points a and b, Clause 5, of this Article;
b) Deprivation of the right to use international
travel business licenses for 09 months, for the act specified at Point c,
Clause 5, of this Article 4, which is committed for three times or more, or for
failing to purchase insurance for 50 tourists or more;
c) Deprivation of the right to use international
travel business licenses for 01 year, for acts specified at Points a, c, d and
f, Clause 6; and Points d and e, Clause 7, of this Article;
d) Deprivation of the right to use international
travel business licenses for an unspecified period, for acts specified at
Points b and e, Clause 6; Point b, Clause 7, of this Article, or for
recommitted acts specified at Points a and d, Clause 4; Points a, b and c,
Clause 5; Points a, c, d, f and g, Clause 6; and Points d and e, Clause 7, of
this Article;
e) Confiscation of material evidences in
administrative violations, for acts specified at Point a, Clause 3; and Point
f, Clause 6, of this Article.
9. Remedies:
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b) Forced payment of sufficient deposits, for
the act specified at Point a, Clause 6, of this Article;
c) Forced repayment to tourists or remittance
into state funds of property illegally collected from tourists, for the act
specified at Point c, Clause 6, of this Article.
Article 9. Violations of
regulations on travel agency business
1. Caution or a fine of between VND 200,000 and
VND 500,000 shall be imposed for one of the following acts:
a) Failing to notify in writing the time of
commencement of travel agency business to the provincial-level state agency in
charge of tourism within 15 days from the date of commencement of travel agency
business;
b) Failing to notify in writing the replacement
of representatives at law, or change of the name or address of the travel agent
to the provincial-level state agency in charge of tourism within 15 days after
the replacement or change is effected.
2. A fine of between VND 500,000 and VND
1,000,000 shall be imposed for one of the following acts:
a) Erasing, modifying or copying in a way
distorting the contents of tourist programs of travel principals;
b) Selling tourist programs at prices higher
than those set by travel principals.
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a) Carrying out travel agency activities without
making travel agency business registration;
b) Dealing in travel agency without a written
travel agency contract signed with a travel enterprise.
4. Remedies:
Forced repayment to tourists or remittance into
state funds of illegally earned amounts, for the act specified at Point b,
Clause 2, of this Article.
Article 10. Violations
of regulations on tourist guiding
1. Caution or a fine of between VND 200,000 and
VND 500,000 shall be imposed on tourist guides who commit one of the following
acts:
a) Failing to wear tourist guide's cards when
guiding tourists;
b) Failing to carry along tourist programs when
guiding tourists;
c) Failing to provide adequate knowledge for
tourists on the Vietnamese law on stay, entry and exit during their visits to
Vietnam;
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2. A fine of between VND 500,000 and VND
1,000,000 shall be imposed on tourist guides who commit one of the following
acts:
a) Having no labor contract with a travel
enterprise;
b) Working as independent tourist guides;
c) Failing to introduce and guide tourists how
to protect their safety, life and property during journeys under tourist
programs;
d) Lending tourist guide's cards to other
persons for guiding tourists;
e) Using tourist guide's cards of other persons
for guiding tourists;
f) Using expired tourist guide's cards.
3. A fine of between VND 1,000,000 and VND
2,000,000 shall be imposed on tourist guides who commit one of the following
acts:
a) Erasing or modifying the contents of tourist
guide's cards for guiding tourists;
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4. A fine of between VND 2,000,000 and VND
3,000,000 shall be imposed for one of the following acts:
a) Guiding tourists while having no tourist
guide's cards as required;
b) Using a fake tourist guide's card for guiding
tourists;
c) Altering without permission tourist programs
and tourist benefits and services;
d) Providing distorted information on Vietnamese
cultural and historical values, land and people, thus badly affecting the
image, traditions, morality and fine customs and habits of the country;
e) Taking advantage of tourist guiding to give
explanations and provide information affecting security and social order and
safety;
f) Taking tourists to banned areas;
g) Collecting sums of money not specified in
contracts or illicit profits from tourists.
5. Foreigners who work as tourist guides in
Vietnam shall be sanctioned under the Government’s Decree on sanctioning
administrative violations in the domain of security and social order and
safety.
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a) Deprivation of the right to use tourist
guide's cards for 01 year, for acts specified at Point b, Clause 2; Point b,
Clause 3; and Points c, d, e, f and g, Clause 4, of this Article;
b) Deprivation of the right to use tourist
guide's cards for an unspecified period, for acts specified at Point d, Clause
2; and Point a, Clause 3, of this Article, or for recommitted acts specified at
points a, b and c, Clause 2; Point b, Clause 3; and Points c, d, e, f and g,
Clause 4, of this Article;
c) Confiscation of material evidences used for
commission of administrative violations, for acts specified at Point f, Clause
2; and Point b, Clause 4, of this Article.
7. Remedy:
Forced repayment to tourists or remittance into
state funds of property illegally collected from tourists, for the act
specified at Point g, Clause 4, of this Article.
Article 11. Violations
of regulations on tourist transportation business
Acts of violation of regulations on tourist transportation
business shall be sanctioned according to government decrees on sanctioning
administrative violations in the domains of transportation by land, waterway,
railway and sea and other decrees on sanctioning administrative violations in
relevant state management domains.
Article 12. Violations
of regulations on the setting up and operation of Vietnam-based branches and
representative offices of foreign tourism enterprises
Acts of violation of regulations on the setting
up and operation of Vietnam-based branches and representative offices of
foreign tourism enterprises shall be sanctioned according to the Government's
Decree on sanctioning administrative violations in the commercial domain.
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Article 13. Violations
of regulations on tourist accommodation business
1. Caution or a fine of between VND 500,000 and
VND 1,000,000 shall be imposed for one of the following acts:
a) Failing to notify in writing the time of
commencing the business operation of tourist accommodation establishments to
provincial-level state agencies in charge of tourism in localities where
tourist accommodation establishments are located within 15 days after tourist
accommodation establishments are officially put into operation;
b) Failing to notify in writing the replacement
of heads or change of names of tourist accommodation establishments to
provincial-level state agencies in charge of tourism within 15 days after the
replacement or change is effected;
c) Failing to notify in writing the application
of telecommunications surcharges in classified tourist accommodation
establishments to competent state agencies within 15 days after the
application;
d) Failing to comply with regulations on model
signboards of the name and class of tourist accommodation establishment;
e) Failing to display signboards of the class of
tourist accommodation establishments after tourist accommodation establishments
are classified by a competent state agency in charge of tourism;
f) Failing to issue or publicly display rules of
tourist accommodation establishments;
g) Failing to publicize clear information on the
quantity, quality and prices of services and goods for tourists.
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3. A fine of between VND 2,000,000 and VND
3,000,000 shall be imposed for one of the following acts:
a) Using vehicles and equipment that fail to
ensure tourist health, safety, life and property as prescribed by law;
b) Using enterprise names, transaction names and
shortened names different from those of tourist accommodation establishments
registered with competent state agencies for business activities;
c) Failing to properly observe the regime of
reporting to the Ministry of Culture, Sports and Tourism and provincial-level
state agencies in charge of tourism as prescribed by law.
4. A fine of between VND 3,000,000 and VND
5,000,000 shall be imposed for one of the following acts:
a) Failing to register with competent state
agencies in charge of tourism for evaluation and classification of tourist accommodation
establishments within 3 moths after tourist accommodation establishments
officially commence business operation;
b) Failing to register with competent state
agencies in charge of tourism for evaluation and re-recognition of the class of
tourist accommodation establishments at least three months before the end of
the period of recognition of tourist accommodation establishment class;
c) Failing to ensure any of technical standards
of equipment or service quality required by law for the class of tourist
accommodation establishments already recognized by competent state agencies as
prescribed by law;
d) Failing to ensure any of criteria for
managers and employees required by law for the class of tourist accommodation
establishments already recognized by competent state agencies;
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5. A fine of between VND 7,000,000 and VND
10,000,000 shall be imposed for one of the following acts:
a) Assuming a false class of tourist
accommodation establishment;
b) Collecting sums of money not specified in
contracts or other acts of making illicit profits from tourists.
6. A fine of between VND 10,000,000 and VND
15,000,000 shall be imposed on tourist accommodation establishments continuing
business operation after notifying the temporary cessation or termination of
operation or after their business operation is suspended by a competent state
agency.
7. Acts of administrative violation in the
domains of post, telecommunications, banking, culture and information, pricing,
fire and explosion prevention and fight, security and social order and safety,
food hygiene and safety, environmental protection, commerce and so on which are
committed at tourist accommodation establishments not governed in this Decree
shall be sanctioned under government decrees on sanctioning administrative
violations in relevant domains.
8. Additional sanctioning forms:
Confiscation of material evidences in
administrative violations, for the act specified at Point a, Clause 5, of this
Article.
9. Remedies:
a) Forced addition of adequate means and
equipment to ensure tourist health, life and property, for the act specified at
Point a, Clause 3,of this Article;
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Article 14. Violations
of regulations on trading in conditional goods and services at tourist
accommodation establishments
1. A fine of between VND 3,000,000 and VND 5,000,000
shall be imposed for acts of failing to make registration in writing with a
competent state agency when trading in conditional goods and services at
classified tourist accommodation establishments.
2. Acts of violation of regulations on trading
in conditional goods and services not governed by this Decree shall be
sanctioned under the Government's Decree on sanctioning administrative
violations in the commercial domain.
Section 3. ACTS OF
VIOLATION OF REGULATIONS ON TOURISM PROMOTION
Article 15. Violations
of regulations on tourism promotion
1. A fine of between VND 3,000,000 and VND
5,000,000 shall be imposed for one of the following acts:
a) Taking advantage of tourism promotion to harm
lawful rights and interests of other organizations and individuals;
b) Failing to implement or improperly
implementing tourism promotion programs already publicized;
c) Advertising tourist products not true to
their real contents and quality.
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3. Remedies:
Forced dismantlement or destruction of tourist
advertisement articles and termination of advertisement programs, for the acts
specified at Point c, Clause 1, of this Article.
Article 16. Violations
of regulations on organization of tourist product fairs, exhibitions and shows
Acts of violation of regulations on tourist
product fairs, exhibitions and shows shall be sanctioned under the Government's
Decree on sanctioning administrative violations in the commercial domain.
Section 4. ACTS OF
VIOLATION OF REGULATIONS ON OTHER TOURISM ACTIVITIES
Article 17. Violations
of regulations on tourism resources and tourism development planning
1. A fine of between VND 10,000,000 and VND
15,000,000 shall be imposed for acts of illegally exploiting tourism resources
in tourist resorts, tourist spots or zones already planned for tourism
development.
2. Acts of violation of regulations on
management, exploitation and use of tourism resources and tourism development
planning not governed by this Decree shall be sanctioned under government
decrees on sanctioning administrative violations in relevant state management
domains.
Article 18. Violations
of regulations on the protection of tourism environment
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a) Failing to display environmental protection
rules at easy-to-notice places in tourist accommodation establishments, tourist
resorts and tourist spots, and on means of transportation of tourists;
b) Failing to arrange waste collection and
treatment equipment and facilities at tourist accommodation establishments, on
means of transportation of tourists and in tourist resorts and tourist spots;
c) Damaging wild animal habitats in areas with
tourism resources;
d) Felling trees, cutting and breaking tree
branches or other acts of damaging trees and vegetational cover in areas with
tourism resources.
2. Acts of illegally using rare and precious
wild plants and animal for tourist business purposes shall be sanctioned under
the Government's Decree on sanctioning administrative violations in the domain
of forest management and protection and forest product protection.
3. Acts of violation of regulations on
environmental protection not governed in this Decree shall be sanctioned under
the Government's Decree on sanctioning administrative violations in the domain
of environmental protection.
4. Additional sanctioning form:
Confiscation of material evidences and means
used in administrative violations, for the act specified at Point d, Clause 1,
of this Article.
5. Remedies:
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b) Forced arrangement of waste collection and
treatment equipment, for the act specified at Point b, Clause 1, of this
Article;
c) Forced restoration of the original state,
which has been altered due to the act specified at Point d, Clause 1, of
this Article.
Article 19. Violations
of regulations on management of and business activities in tourist resorts and
tourist spots
Caution or a fine of between VND 200,000 and VND
1,000,000 shall be imposed for one of the following acts:
1. Failing to issue tourist resort or tourist
spot management regulations.
2. Issuing tourist resort or tourist spot
regulations, which are contrary to the provisions of law.
3.Violating regulations of tourist resorts or
tourist spots.
Article 20. Sanctioning
acts of obstructing acts of inspection and examination and handling of
administrative violations
1. A fine of between VND 1,000,000 and VND 2,000,000
shall be imposed for one of the following acts:
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b) Producing illegal papers to shirk
examination, inspection or handling of violations.
2. A fine of between VND 2,000,000 and VND
4,000,000 shall be imposed for one of the following acts:
a) Deliberately delaying or shirking the
examination, inspection or handing of violations by competent persons or
agencies;
b) Removing without permission seals of material
evidences or means used in violations or altering without permission scenes of
administrative violations;
c) Dispersing, modifying or fraudulently swapping
material evidences currently subject to examination, inspection or seizure;
d) Insulting, attacking and resisting competent
persons or agencies performing examination, inspection or violation-handling
tasks.
3. Additional sanctioning forms and remedies:
a) Confiscation of material evidences and means
used in administrative violations, for acts specified at Points b and c, Clause
2, of this Article;
b) Forced compliance with decisions of competent
agencies or persons, for acts specified in Clause 1, and at Point a, Clause 2,
of this Article.
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COMPETENCE AND
PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS
Article 21. Competence
of People’s Committees at all levels to sanction administrative violations
1. Commune-level People’s Committee presidents
have competence under Article 28 of the Ordinance on the Handling of
Administrative Violations to sanction acts of administrative violation
specified in this Decree committed in localities under their management.
2. District-level People's Committee presidents
have competence under Article 29 of the Ordinance on the Handling of
Administrative Violations to sanction acts of administrative violation
specified in this Decree committed in localities under their management.
3. Provincial-level People’s Committee
presidents have competence under Article 30 of the Ordinance on the Handling of
Administrative Violations to sanction acts of administrative violation
specified in this Decree committed in localities under their management.
Article 22. Competence
of specialized tourism inspectors to sanction administrative violations
1. Specialized tourism inspectors on duty have
the powers to:
a) Serve caution;
b) Impose fines of up to VND 200,000;
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d) Apply remedies specified at Points a, b and
d, Clause 3, Article 12, of the Ordinance on the Handling of Administrative
Violations; e) Exercise other powers as provided for by the law on handling of
administrative violations.
2. Chief inspectors of provincial-level agencies
in charge of tourism have the powers to:
a) Serve caution;
b) Impose fines of up to VND 20,000,000;
c) Deprive of the right to use licenses and
practice certificates falling within the scope of their competence;
d) Confiscate material evidences and means used
in administrative violations;
e) Apply remedies specified at Point a, b and d,
Clause 3, Article 12, of the Ordinance on the Handling of Administrative
Violations; f) Exercise other powers as provided for by the law on handling of
administrative violations.
3. The chief inspector of the Ministry of
Culture, Sports and Tourism has the powers to:
a) Serve caution;
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c) Deprive of the right to use licenses and
practice certificates falling within the scope of their competence;
d) Confiscate material evidences and means used
in administrative violations;
e) Apply remedies specified at Points a, b and d,
Clause 3, Article 12, of the Ordinance on the Handling of Administrative
Violations;
f) Exercise other powers as provided for by the
law on handling of administrative violations.
Article 23. Competence
of police, coast guard and border guard offices and specialized inspectorates
1. Police, coast guard and border guard officers
who have competence to sanction administrative violation may sanction in
accordance with the Ordinance on the Handling of Administrative Violations acts
of administrative violation specified in this Decree which fall within
geographical areas or domain under their management.
2. Officers of other specialized inspectorates
who have competence to sanction administrative violations may sanction under
Article 38 of the Ordinance on the Handling of Administrative Violations acts
of administrative violation specified in this Decree which fall within
geographical areas or domains under their management.
Article 24. Principles
for determining the competence to sanction administrative violations and
authorization of the competence to sanction administrative violations
The principles for determining the competence to
sanction administrative violations and the authorization of the competence to
sanction administrative violations in the domain of tourism comply with the
provisions of the Ordinance on the Handling of Administrative Violations.
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Procedures for sanctioning administrative
violations in the domain of tourism comply with the provisions of the Ordinance
on the Handling of Administrative Violations.
Article 26. Procedures
for depriving the right to use licenses or practice certificates
The procedures for depriving the right to use
international travel business licenses and tourist guide's cards comply with
the provisions of Article 59 of the Ordinance on the Handling of Administrative
Violations.
Article 27. Procedures
for confiscating and disposing of material evidences and means used in
violations
The procedures for confiscating and disposing of
material evidences and means used in violations comply with the provisions of
Articles 60 and 61 of the Ordinance on the Handling of Administrative
Violations.
Article 28. Compliance
with administrative violation-sanctioning decisions
1. Unless otherwise provided for by law, within
10 days from the date of being given a sanctioning decision, individuals or
organizations that are sanctioned for administrative violations in the domain
of tourism shall comply with the sanctioning decision. Past this time limit, if
sanctioned individuals or organizations fail to voluntarily comply with
sanctioning decisions, they shall be forced to do so in accordance with law.
2. Individuals or organizations that are fined
shall pay fine amounts indicated in the sanctioning decisions at a stale
treasury and receive fine receipts or pay fine amounts directly to sanctioning
decision-issuing persons and receive fine receipts according to state
regulations.
3. The postponement of the compliance with a
fine-imposing decision complies with Article 65 of the Ordinance on the
Handling of Administrative Violations.
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1. If individuals or organizations that are
sanctioned for administrative violations in the domain of tourism fail to
voluntarily comply with sanctioning decisions, they shall be forced to comply
with these decisions under the provisions of Article 66 of the Ordinance on the
Handling of Administrative Violations.
2. When applying measures to enforce
administrative violation-sanctioning decisions, competent agencies or persons
shall observe the enforcement order and procedures prescribed by the law on
procedures for applying measures to enforce administrative
violation-sanctioning decisions.
3. The competence to issue decisions to enforce
administrative violation- sanctioning decisions complies with the provisions of
Article 67 of the Ordinance on the Handling of Administrative Violations.
Article 30. Provisions
on application of remedies
1.Persons with sanctioning competence specified
in Article 21, Article 22 and Article 23 of this Decree shall, when deciding on
the application of remedies, base themselves on legal provisions and the actual
damage caused by acts of administrative violation, and take responsibility
before law for their decisions.
2. Unless otherwise provided for by law,
individuals or organizations that are subject to remedies shall take these
remedies within 10 days after receiving sanctioning decisions.
3. If material evidences and means used in
administrative violations in the domain of tourism are subject to confiscation
or destruction, this measure shall be taken under the provisions of Articles 60
and 61 of the Ordinance on the Handling of Administrative Violations.
Article 31. Application
of measures to prevent administrative violations
1. In order to prevent in time administrative
violations and secure the handling of administrative violations in the domain
of tourism, competent persons may apply administrative preventive measures in
accordance with the Ordinance on the Handling of Administrative Violations.
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Chapter IV
COMPLAINTS,
DENUNCIATIONS, COMMENDATION, AND HANDLING OF VIOLATIONS
Article 32. Complaints
and denunciations
1. Individuals and organizations that are sanctioned
for administrative violations or their lawful representatives may lodge
complaints about administrative violation-sanctioning decisions in accordance
with the law on complaints and denunciations.
2. Citizens may denounce to competent state
agencies acts of administrative violation committed by organizations and
individuals specified in this Decree or denounce law-breaking acts committed by
persons competent to sanction administrative violations in the domain of
tourism in accordance with law.
3. Pending the settlement of complaints or
denunciations by competent agencies, sanctioned individuals or organizations
shall still comply with sanctioning decisions.
4. The order, procedures, time limits and
competence for lodging complaints or denunciations and for settling
denunciations and complaints about the sanctioning of administrative violations
in the domain of tourism comply with the provisions of law on complaints and
denunciations.
Article 33. Commendation
Individuals and organizations that record merits
in the prevention and fight of administrative violations in the domain of
tourism are entitled to commendation and reward in accordance with law.
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1. Persons with competence to sanction
administrative violations in the domain of tourism who commit acts of
harassing, tolerating, covering up, refraining from sanctioning, delaying the
sanctioning of, or sanctioning ultra vires, administrative violations,
shall, depending on the nature and severity of their violations, be disciplined
or examined for penal liability; if causing damage, they shall pay compensation
therefor in accordance with law.
2. If individuals or organizations that are
sanctioned for administrative violations in the domain of tourism fail to
voluntarily comply with sanctioning decisions, they are subject to forced
compliance. When committing administrative violations, if they commit acts of
obstructing or resisting officers on duty or employ deceitful tricks, offer
bribes or employ other tricks to delay or shirk their compliance with
sanctioning decisions issued by competent persons, they shall, depending on the
nature and severity of their violations, be handled administratively or
examined for penal liability; if causing damage, they shall pay compensation
therefor in accordance with law.
Chapter V
IMPLEMENTATION PROVISIONS
Article 35. Implementation
effect
1. This Decree takes effect 15 days after its
publication in CONG BAO.
2. This Decree replaces the Government’s Decree
No. 50/2002/ND-CP dated April 25, 2002, on sanctioning administrative
violations in the domain of tourism.
Article 36. Implementation
responsibilities
1. The Minister of Culture, Sports and Tourism
shall organize the implementation of this Decree.
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ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung