THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
50/2002/ND-CP
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Hanoi,
April 25, 2002
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DECREE
ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE FIELD OF
TOURISM
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of December 25, 2001;
Pursuant to the Ordinance on the Handling of Administrative Violations of July
6, 1995;
Pursuant to Tourism Ordinance No.11/1999/PL-UBTVQH10 of February 8, 1999;
At the proposal of the General Director of Tourism,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
regulation
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2. Administrative violations in the field of
tourism prescribed in this Decree include: Acts of violating the regulations on
State management over activities of tourist guides; tour business activities;
tourist accommodation business establishments activities; activities harming
landscapes and the environment, infringing upon order and security at tourist
zones and sites, and other acts of violation in the field of tourism.
Article 2.- Objects of
application
1. Organizations and individuals that commit
acts of administrative violation in the field of tourism shall all be
sanctioned according to the provisions of this Decree and other relevant law
provisions on sanctioning administrative violations.
2. Foreign organizations and individuals that
commit acts of administrative violation in the field of tourism on the
Vietnamese territory shall be sanctioned like Vietnamese organizations and
individuals, except otherwise provided for by the international treaties which
Vietnam has signed or acceded to.
3. Minors who commit acts of administrative
violation in the field of tourism shall be sanctioned according to the
provisions at Point a, Clause 1, Article 5 and Article 6 of the Ordinance on
the Handling of Administrative Violations.
Article 3.- Principles
for the sanctioning of administrative violations in the field of tourism
1. The sanctioning of administrative violations
in the field of tourism must be carried out by competent persons in strict
compliance with law provisions.
2. All acts of administrative violation in the
field of tourism must be promptly detected and handled in strict compliance
with the provisions of this Decree and immediately stopped. The sanctioning
must be carried out in a quick, just and transparent manner and in strict
compliance with law provisions.
3. One act of administrative violation in the
field of tourism shall be sanctioned only once. One person who commits many
acts of administrative violation shall be sanctioned for each of his/her acts
of violation. It several persons jointly commit one act of administrative
violation, each violator shall be sanctioned.
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5. Decisions on sanctioning administrative
violations in the field of tourism must be made in writing, while all
sanctioned acts of administrative violation must be recorded in dossiers which
shall be kept at the sanctioning bodies for durations prescribed by law.
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, shall not be sanctioned.
Article 4.- The statute
of limitations for sanctioning administrative violations in the field of
tourism
The statute of limitations for sanctioning
administrative violations in the field of tourism shall comply with the
provisions in Article 9 of the Ordinance on the Handling of Administrative
Violations.
Article 5.- Application
of forms of administrative sanctions and other measures
1. When sanctioning administrative violations in
the field of tourism, the persons with sanctioning competence shall only be
allowed to apply the sanctioning forms and other remedies prescribed in this
Decree and other provisions of the legislation on sanctioning administrative
violations.
2. The principal sanctioning forms:
a/ Caution: shall apply to minor, first-time
violations and violations with extenuating circumstances;
b/ Fine: Fine levels already prescribed in the
fine bracket shall be decided, depending on the nature and seriousness of
violations as well as aggravating or extenuating circumstances.
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Violations with aggravating circumstances may be
imposed with up to the highest level of the fine bracket prescribed by law.
3. Depending on the nature and seriousness of
violations, organizations or individuals that commit acts of violation in the field
of tourism may also be sanctioned with one or several of the following
additional sanctioning forms:
a/ Withdrawal of international tour business
licenses or tourist guide’s cards;
b/ Confiscation of material evidences or means
used in the administrative violations.
4. Besides the sanctioning forms prescribed in
Clauses 2 and 3 of this Article, organizations or individuals that commit
administrative violations in the field of tourism may also be subject to one or
several of the measures prescribed in Clause 3, Article 11 of the Ordinance on
the Handling of Administrative Violations.
5. The additional sanctioning forms and other
measures shall be applied in conjunction with the principal sanctioning forms.
6. When carrying out the sanctioning, if detecting
that administrative violations fall under the sanctioning competence of other
functional bodies, the sanctioning persons shall have to make written records
of such violations and transfer them to the competent functional bodies for
handling.
Chapter II
ACTS OF ADMINISTRATIVE
VIOLATION IN THE FIELD OF TOURISM, SANCTIONING FORMS AND LEVELS
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1. A caution or a fine of between VND 100,000
and 200,000 shall be imposed for one of the following acts:
a/ Failing to provide tourists with adequate
guidance for observance of laws and other relevant legal provisions on
residence, movement, customs procedures, internal regulations on accident
prevention and internal rules of sites where they visit or tour;
b/ Failing to fully observe the regime of
keeping the diary on tourist programs;
c/ Failing to wear tourist guide’s cards when
guiding tourists;
d/ Failing to provide adequate information on
tourist programs to tourists, including their rights and obligations;
e/ Failing to adequately guide tourists on
measures, to protect their safety, life and property.
2. A fine of between VND 200,000 and 500,000
shall be imposed for one of the following acts:
a/ Guiding foreign tourists without having
entered into labor contracts with tour business enterprises;
b/ Distorting the content of tourist guide’s
cards;
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3. A fine of between VND 500,000 and 1,000,000
shall be imposed for one of the following acts:
a/ Taking acts or making speeches contrary to
the fine traditions and customs, thus badly affecting the image and cultural
identity of Vietnam;
b/ Taking tourists to areas banned from visit or
sightseeing, except where it is so permitted by the competent State agencies;
c/ Changing tourist programs already informed to
tourists without consents of tourists and program-organizing enterprises;
d/ Finding excuses to collect money from
tourists in contravention of regulations;
e/ Reducing accommodation criteria and services,
which tourists expect to enjoy, without the latter’s consents;
f/ Showing discriminatory attitude against
tourists, thus provoking their discontent;
4. A fine of between VND 1,000,000 and 2,000,000
shall be imposed for acts of guiding tourists without tourist guide’s cards.
5. Additional sanctioning forms:
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Article 7.- Violations
of regulations on tour business
1. Caution or a fine of between VND 200,000 and
1,000,000 shall be imposed for one of the following acts:
a/ Failing to notify in writing the time of
commencing tour business activities to the agencies in charge of State
management over tourism in the provinces or centrally-run cities where
enterprises are headquartered within 15 days after such enterprises officially
commence their operation;
b/ Failing to notify in writing the change of
directors, headquarters and temporary cessation or termination of business
operation to the agencies in charge of State management over tourism in the
provinces or centrally-run cities where enterprises are headquartered within 15
days after the enterprises change their directors, headquarters or temporary
cease or terminate their business operations;
c/ Failing to notify in writing the change of
names and/or addresses of branches and/or representative offices to the
agencies in charge of State management over tourism in the provinces or
centrally-run cities where enterprises are headquartered and those in the
provinces or centrally-run cities where their branches and/or representative
offices are located within 15 days after such branches and/or representative
offices are renamed or relocated;
d/ Failing to notify in writing the setting up
of branches and/or representative offices to the agencies in charge of State
management over tourism in the provinces or centrally-run cities where
enterprises are headquartered within 15 days after such branches and/or
representative offices officially commence their operation;
e/ Failing to provide adequate information on
tourist programs to tourists;
f/ Failing to guide tourists in the observance
of the Vietnamese laws and the State�s
regulations on security and social order and safety; protection of the
environment and tourist resources, preservation of the cultural identity, fine
traditions and customs of Vietnam;
g/ Failing to apply measures to ensure the
health, life and property of tourists;
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i/ Losing international tour business licenses
without notifying such to the licensing agencies within 7 days after such
licenses are lost.
2. A fine of between VND 1,000,000 and 5,000,000
shall be imposed for one of the following acts:
a/ Failing to properly undertake the already
contracted tourist programs;
b/ Failing to fully provide the already
advertised services to tourists, both quantitatively and qualitatively;
c/ Using transport means not in compliance with
provisions of law;
d/ Taking tourists to the tourist accommodation
establishments that have no business registration as prescribed by law;
e/ Using tourist guides who have no guide’s
cards to guide foreign tourists;
f/ Failing to manage tourists entering Vietnam
for tourist purposes from their entry till their exit;
g/ Failing to manage tourists leaving Vietnam
for foreign countries for tourist purposes from their exit till their entry;
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3. A fine of between VND 5,000,000 and
10,000,000 shall be imposed for one of the following acts:
a/ Conducting tour business without setting up
an enterprise;
b/ Conducting tour business activities while
having no function to do so;
c/ Letting other organizations and/or
individuals use one’s own legal person status or enterprise name for tour
business activities;
d/ Continuing tour business activities after
having made notification on temporary cessation or termination of such
activities;
e/ Continuing tour business activities after
having business registration certificates withdrawn or being compelled to
dissolve;
f/ Conducting business activities not in line
with contents inscribed in licenses or business registration certificates;
g/ Failing to make sufficient deposits
prescribed in Articles 4 and 6 of the Government’s Decree No.27/2001/ND-CP of
June 5, 2001 on tour business and tourist guide business;
h/ Conducting the international tour business without
international tour business licenses or using international tour business
licenses of other enterprises;
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j/ Leasing or lending international tour
business licenses to others;
k/ Failing to manage branches or representative
offices according to the provisions of law.
4. The additional sanctioning forms:
Withdrawal of international tour business
licenses for a definite or indefinite time, for one of the acts prescribed at
Points f and g, Clause 2, or Points c, d, e, i and j, Clause 3 of this Article.
5. Acts of violation of regulations on setting
up and operation of branches and representative offices of foreign enterprises
and traders in Vietnam in the field of tourism shall be sanctioned according to
the provisions in Clause 2, Article 1 of the Government’s Decree
No.01/2002/ND-CP of January 3, 2002 amending and supplementing a number of
articles of the Government’s Decree No.01/CP of January 3, 1996 on sanctioning
administrative violations in the field of trade.
Article 8.- Violations
of regulations on dealing in tourist accommodation establishments
1. Caution or a fine of between VND 200,000 and
1,000,000 shall be imposed for one of the following acts:
a/ Failing to notify in writing the time of
commencing, temporarily ceasing or terminating business operation of tourist
accommodation establishments to the agencies in charge of State management over
tourism in the provinces or centrally-run cities within 15 days after the
official commencement, temporary cessation or termination of business operation
of such tourist accommodation establishments;
b/ Failing to carry out registration procedures
with the competent agencies in charge of State management over tourism for
categorization and classification of tourist accommodation establishments
within 6 months after the official operation commencement;
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d/ Losing decisions on recognition of
categorization or classification of tourist accommodation establishments
without notifying such to the agencies that have issued such recognition decisions
within 7 days after they are lost;
e/ Failing to take measures to ensure safety of
health, life and property of staying guests;
f/ Failing to observe or improperly observing
the regime of archiving dossiers and/or documents on business activities as well
as the reporting regime prescribed by law;
g/ Failing to strictly comply with regulations
on publication of internal rules at tourist accommodation establishments;
h/ Failing to manage staying guests according to
the provisions of law.
2. A fine of between VND 200,000 and 500,000
shall be imposed for acts of leasing or lending decisions on recognition of
category or class of tourist accommodation establishments or using decisions on
recognition of category or class of a tourist accommodation establishment for
another one.
3. A fine of between VND 1,000,000 and 5,000,000
shall be imposed for one of the following acts:
a/ Dealing in tourist accommodation
establishments while having no function to do so;
b/ Failing to strictly comply with the
provisions of law on naming tourist accommodation establishments;
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d/ Failing to give notification to competent
agencies before trading in or providing conditional goods or services
(applicable to accommodation establishments already recognized of one to
five-star class).
4. A fine of between VND 5,000,000 and
10,000,000 shall be imposed for one of the following acts:
a/ Failing to maintain conditions regarding
material bases, facilities and equipment prescribed for categories or classes
of tourist accommodation establishments already recognized by the competent
agencies in charge of State management over tourism;
b/ Trading in or providing conditional goods or
services without licenses as prescribed by law (applicable to accommodation
establishments not yet recognized of one to five-star class);
c/ Failing to ensure the conditions prescribed
by law in the course of trading in or providing conditional goods or services
by accommodation establishments;
d/ Employing persons, who fail to satisfy the
law-prescribed conditions and criteria, to provide conditional services at
tourist accommodation establishments;
e/ Particularly, acts of untruthfully
advertising categories or classes of the already recognized tourist
accommodation establishments shall be sanctioned according to the provisions of
the Government’s Decree No.31/2001/ND-CP of July 26, 2001 on sanctioning administrative
violations in the field of culture and information.
Article 9.- Violations
of regulations on management of tourist zones and sites
1. Caution or a fine of between VND 20,000 and
200,000 shall be imposed for one of the following acts:
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2. A fine of between VND 500,000 and 5,000,000
shall be imposed for one of the following acts:
a/ Illegally using and/or exploiting the tourist
resources for purposes of seeking profits or popularizing superstitions;
b/ Building projects or taking acts of digging
or renovation, thus affecting the beautiful view, landscape and/or environment
at tourist zones or sites.
c/ Damaging or deforming the tourist resources.
3. Particularly, acts of engaging in
superstitious practices at tourist zones or sites shall be sanctioned according
to the provisions of the Government’s Decree No.31/2001/ND-CP of June 26, 2001
on sanctioning administrative violations in the field of culture and
information; acts of soliciting, tagging along or forcing tourists to buy goods
or services shall be sanctioned according to the provisions of the Government’s
Decree No.49/CP of August 15, 1996 on sanctioning administrative violations in
the field of security and order; acts of encroaching upon land under the
planning of tourist zones or sites shall be sanctioned according to the
provisions of the Government’s Decree No.04/CP of January 10, 1997 on
sanctioning administrative violations in the field of land management and use.
Article 10.-
Sanctioning violations being acts of obstructing State officials or agencies
from performing their tasks of inspecting and handling administrative
violations in the field of tourism
1. Caution or a fine of between VND 200,000 and
1,000,000 shall be imposed for one of the following acts:
a/ Failing to produce or inadequately producing
papers related to the inspection and handling of violations;
b/ Failing to declare or untruthfully and
inadequately declaring contents related to the inspection.
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a/ Impeding the inspection or control by State
officials or agencies that are on duty;
b/ Deliberately delaying or shirking the
execution of decisions on sanctioning of administrative violations;
c/ Dispersing material evidences involved in
violations, which are inspected or kept in custody;
d/ Making deliberate absence in order to impede
the inspection by State officials or agencies.
Chapter III
COMPETENCE AND
PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE FIELD OF TOURISM
Article 11.- Competence
of specialized tourist inspectors to sanction administrative violations in the
field of tourism
1. Specialized tourist inspectors who are on
duty have the right to:
a/ Serve cautions;
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c/ Apply the additional sanctioning forms and
other measures prescribed at Point c, Clause 1, Article 34 of the Ordinance on
the Handling of Administrative Violations.
2. Specialized tourist chief inspectors at the
provincial/municipal service level have the right to:
a/ Serve cautions;
b/ Impose fines of up to VND 10,000,000 each;
c/ Withdraw tourist guide’s cards for a definite
or indefinite time;
d/ Apply the additional sanctioning forms and
other measures prescribed at Point c, Clause 2, Article 34 of the Ordinance on
the Handling of Administrative Violations.
3. The specialized chief inspector of the General
Administration of Tourism has the right to:
a/ Serve cautions;
b/ Impose fines of up to VND 20,000,000 each;
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d/ Propose the General Director of Tourism to
withdraw international tour business licenses;
e/ Apply the additional sanctioning forms and
other measures prescribed at Point c, Clause 3, Article 34 of the Ordinance on
the Handling of Administrative Violations.
Article 12.- Competence
of specialized tourist inspectors to sanction administrative violations in
other relevant fields
Specialized tourist inspectors are competent to
sanction administrative violations related to tourist activities according to
the provisions on sanctioning of administrative violations prescribed in the
Ordinance on the Handling of Administrative Violations and this Decree.
Article 13.- Competence
of the presidents of People’s Committees at all levels to sanction
administrative violations in the field of tourism
1. The presidents of the People’s Committees of
communes, wards or district townships can apply the administrative
violation-sanctioning forms prescribed in Article 26 of the Ordinance on the
Handling of Administrative Violations in handling administrative violations in
the field of tourism.
2. The presidents of the People’s Committees of
urban or rural districts or provincial towns or cities can apply the
administrative violation sanctioning forms prescribed in Article 27 of the
Ordinance on the Handling of Administrative Violations in handling administrative
violations in the field of tourism.
3. The presidents of the People’s Committees of
provinces or centrally-run cities can apply the administrative violation
sanctioning forms prescribed in Article 28 of the Ordinance on the Handling of
Administrative Violations in handling administrative violations in the field of
tourism.
Article 14.- Competence
of the people’s police offices, market management forces and other specialized
State inspection bodies to sanction administrative violations in the field of
tourism
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Article 15.- Procedures
for sanctioning administrative violations in the field of tourism
Procedures for sanctioning administrative
violations in the field of tourism shall comply with the provisions in Articles
45, 46, 47, 48, 49, 50, 51, 52, 53, 54 and 55 of the Ordinance on the Handling
of Administrative Violations.
Article 16.- Statute of
limitations for executing decisions on sanctioning administrative violations in
the field of tourism
The statute of limitations for executing
decisions on sanctioning administrative violations in the field of tourism
shall comply with Article 56 of the Ordinance on the Handling of Administrative
Violations.
Article 17.- Handling
of violations committed by the persons competent to sanction administrative
violations in the field of tourism
The handling of violations committed by the
persons competent to sanction administrative violations in the field of tourism
shall comply with the provisions of Article 91 of the Ordinance on the Handling
of Administrative Violations.
Article 18.- Complaints
and denunciations
1. Citizens have the right to denounce to the
competent State agencies administrative violations committed by organizations
and individuals in the field of tourism or denounce violations committed by
persons competent to sanction administrative violations in the field of tourism
according to the provisions of the legislation on complaints and denunciations.
2. Individuals and organizations sanctioned for
their administrative violations or their lawful representatives have the right
to lodge complaints about administrative violation-sanctioning decisions
according to the provisions of the legislation on complaints and denunciations.
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Chapter IV
IMPLEMENTATION
PROVISIONS
Article 19.- Effect of
the Decree
This Decree takes effect 15 days after its
signing.
Article 20.-
Responsibilities to implement the Decree
The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the provinces and centrally-run cities shall
have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
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