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MINISTRY OF
CULTURE, SPORTS AND TOURISM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.:
1356/QD-BVHTTDL
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Hanoi, April 12, 2012
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DECISION
ON PROVISIONS OF THE
ORDER AND PROCEDURES FOR EVALUATION AND PILOT GRANT OF CERTIFICATE OF
SUSTAINABLE LABEL OF BLUE LOTUS TO THE TOURIST ACCOMMODATION ESTABLISHMENTS IN VIETNAM
MINISTER OF CULTURE, SPORTS AND
TOURISM
Pursuant to the Law on Environmental
Protection dated November 29, 2005 and the Decree No.80/2006/ND-CP dated August
09, 2006 of the Government detailing and guiding the implementation of some
Articles of the Law on Environment Protection; the Decree No.21/2008/ND-CP
dated February 28, 2008 of the Government on amending and supplementing some
Articles of the Decree No.80/2006/ND-CP of August 09, 2006 of the Government on
detailing and guiding the implementation of some Articles of the Law on
Environmental Protection;
Pursuant to the Law on Tourism dated June 14,
2005 and the Decree No.92/2007/ND-CP dated June 01, 2007 detailing the
implementation of some Articles of the Law on Tourism;
Pursuant to the Decree No.185/2007/ND-CP of
December 25, 2007 of the Government regulating functions, duties, powers and
organizational structure of Ministry of Culture, Sports and Tourism;
Pursuant to the Decision No.3705/QD-BVHTTDL
dated October 16, 2009 of the Minister of Culture, Sports and Tourism on the
approval of the project of eco-label program "Blue Lotus" for the
accommodation establishments in Vietnam and the Decision No.138/QD-BVHTTDL
dated January 17, 2012 of the Minister of Culture, Sports and Tourism on the
acceptance of eco-label program project "Blue Lotus" for the
accommodation establishments in Vietnam;
At the proposal of the General Director of
Tourism,
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Article 1. Scope of governing
This Decision regulates the order and
procedures for evaluation and pilot grant of certificate of sustainable tourism
label of Blue Lotus to the tourist accommodation establishments in Vietnam (hereinafter referred to as Certificate of Blue Lotus Label).
Article 2. Subjects of application
1. The tourist accommodation establishments
operating, trading legitimately in Vietnam voluntarily to register the
application of sustainable tourism label of Blue Lotus (hereinafter referred to
as Blue Lotus Label).
2. Agencies, organizations, and individuals
related to the order and procedures for evaluation and pilot grant of
certificate of Lotus Blue Label.
Article 3. Registration for pilot grant of
certificate of Lotus Blue Label
1. Registration dossier for pilot grant of
certificate of Blue Lotus Label comprises:
a) An Application for pilot grant of
certificate of Blue Lotus Label in the form prescribed in Appendix 1;
b) A report, self-assessment of the situation
of tourist accommodation establishment under the criteria of sustainable
tourism label of Blue Lotus, issued together with the Decision
No.1355/QD-BVHTTDL dated April 12, 2012 by Minister of Culture, Sports and
Tourism (hereinafter referred to as the blue lotus Label Criteria) in the form
prescribed in Appendix 7;
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- Certificate of business registration of
tourist accommodation;
- The decision to recognize rank of tourist
accommodation establishment;
- Certificate of registration of commitment
to protect environment or report on evaluating the environmental impact of
tourist accommodation establishment (if any).
2. Filing registration dossier for pilot
grant of certificate of Blue Lotus Label:
a) Tourist accommodation establishment shall
submit in person or by mail 01 set of dossier of registration for pilot grant
of certificate of Blue Lotus Label to the Vietnam National Administration of
Tourism.
b) The order, procedures, forms of
registration dossier for grant of certificate of Blue Lotus Label is posted on
the electronic information page http://www.vietnamtourism.gov.vn;
http://www.vietnamhotels.gov.vn; http://www.moitruongdulich.vn of the Vietnam
National Administration of Tourism (VNAT).
3. Evaluation costs for granting certificate
of Blue Lotus Label:
Tourist accommodation establishments are
rated, granted free of charge certificates of blue lotus label in the pilot
phase.
Article 4. Organization of evaluation, grant
of certificate of Blue Lotus Label
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a) Chairman: Leader of Hotel Department of VNAT.
b) The members of the Council:
- The Specialist of the Hotel Department;
- Representative of Vietnam Hotel
Association;
- Representative of Department of Culture,
Sports and Tourism where tourist accommodation establishments are located;
- 02 experts on the environment, energy
saving.
2. Organization of evaluation at the tourist
accommodation establishments:
a) Within 10 working days after receiving
complete dossier of tourist accommodation establishment registering for grant
of certificate of Blue Lotus Label as prescribed in Clause 1, Article 3 of this
Decision, VNAT establishes a Council.
b) Within 10 working days from the date that
VNAT establishes the Council, the Council organizes to rate at the tourist
accommodation establishment.
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d) Within 15 working days after receiving
notice of the Council, if the tourist accommodation establishment has no
complaints, Chairman of the Council submits to the General Director of VNAT the
valuation results, including:
- A statement of evaluation result and
recommendations for granting Certificate of Blue Lotus Label for tourist
accommodation establishment in the form prescribed in Appendix 6;
- The minute of evaluation on the
implementation of Blue Lotus Label Criteria at the tourist accommodation
establishment in the form prescribed in Appendix 3;
- Working Minute of the Council in the form
prescribed in Appendix 4;
- Dossier of registration for pilot grant of
certificate of Blue Lotus Label of the establishment of tourist accommodation
in accordance with provisions in Clause 1 of Article 3 of this Decision.
Article 5. Pilot grant of certificate of Blue
Lotus Label
1. General Director of VNAT grants pilot
certificate of Lotus Blue Label for tourist accommodation establishments in the
form prescribed in Appendix 2, on the basis of examining the dossiers specified
at Point d, Clause 2 of Article 4 of this Decision.
2. Certificate of Lotus Blue Label for
tourist accommodation establishments shall take effect three years from the
date of issuance.
At least three months before Certificate of
Lotus Blue Label expires, tourist accommodation establishment sends dossier of
registration for renewal of certificate of Lotus Blue Label to the VNAT.
Dossier and procedure for evaluation, re-grant is as for the first time.
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1. Where certificate of Lotus Blue Label is
lost, burned or destroyed, tourist accommodation establishment must report to
the police agency and VNAT within 07 days from the date of discovery of the
certificate’s loss, burning or destruction.
Within 30 days from the date of report, the tourist accommodation establishment
sends written request to the VNT for reissuing Certificate of Blue Lotus Label
enclosed written confirmation of the police agency on the report, unless the
Certificate of Blue Lotus Label is found before the deadline for requesting for
reissuance.
2. Where certificate of Lotus Blue Label is
torn or worn, tourist accommodation establishment shall send written request
for change accompanied by the torn or worn original certificate of Lotus Blue
Label to the VNAT.
3. In case of requesting for modifying name
of tourist accommodation establishment in the certificate of Lotus Blue Label,
tourist accommodation establishment shall send written request for re-issuing
the certificate of Lotus Blue Label enclosed with documents illustrating the
new name of the tourist accommodation establishment.
4. Within 10 working days after receiving the
application for renewal, re-grant of certificate of Lotus Blue Label under the
provisions of Clauses 1, 2 and 3 of this Article, the VNAT shall consider,
change or re-grant the certificate of Lotus Blue Label for the tourist
accommodation establishment.
5. In case of requesting for granting
certificate of Lotus Blue Label at higher level when the certificate of Lotus
Blue Label has not expired yet:
a) Tourist accommodation establishment sends
dossier of registration for re-granting the certificate of Lotus Blue Label to
the VNAT. A dossier comprises the papers specified at Points a, and b, Clause
1, Article 3 of this Decision.
b) The VNAT organizes to rate, grant
certificate of Lotus Blue Label as prescribed in Article 4 of this Decision.
Article 7. Withdrawal of Certificate of Blue
Lotus Label
1. Tourist accommodation establishments are
revoked Certificates of Blue Lotus Label as violating one of the following
cases:
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b) Tourist accommodation establishments
violate the criteria of the Blue Lotus Label.
2. General Director of the VNAT shall signs
the decision on withdrawal of certificate of Lotus Blue Label.
3. The decision to recover certificate of
Lotus Blue Label shall be sent to the tourist accommodation establishment to be
withdrawn and published in the electronic information page
http://www.vietnamtourism.gov.vn; http://www.vietnamhotels.gov.vn;
http://www.moitruongdulich. vn of the VNAT.
Article 8. Conditions of Use of Blue Lotus
Label
1. Tourist accommodation establishments are
only used Blue Lotus Label after being granted certificate of Lotus Blue Label.
2. Tourist accommodation establishments are
only used Blue Lotus Label within the valid time limit of the certificate of
Lotus Blue Label.
3. Tourist accommodation establishments are
only advertised in compliance with levels stated in the certificate of Lotus
Blue Label.
4. Tourist accommodation establishments are
allowed to use the logo of Lotus Blue Label in the prescribed form in Appendix
8 and the certificate of Lotus Blue Label for mounting in the reception area,
in the promotional materials and on the their establishments’ objects.
Article 9. Suspension of use of Blue Lotus
Label
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a) Logo of Blue Lotus Label not in accordance
with pattern approved by
competent agency;
b) Mounting logo and advertise false level
which has been granted;
c) Lending another tourism accommodation
establishment certificate of Blue Lotus Label.
2. General Director of VNAT signs Decision on
suspending the use of Blue Lotus Label.
3. Tourist accommodation establishments
suspended the use of Blue Lotus Label are not continued to mount Blue Lotus
label at the tourist accommodation establishments and not used the logo,
certificate of Blue Lotus Label in the publications, items or other means of
advertising of the units.
Article 10. Responsibilities of tourist
accommodation establishments registered for certificates of Blue Lotus Label
1. Heads of the tourist accommodation
establishments are responsible for the accuracy of the registration dossiers
for certificates of Blue Lotus Label.
2. Those who comment, valuate and certify
untruth, or make counterfeit documents and papers to propose for certificates
of Blue Lotus Label, depending on the nature and seriousness of their
violations, shall be handled in accordance with the law provisions.
Article 11. Responsibilities of agencies
certificates of Blue Lotus Label
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2. To fully comply with recordkeeping regime
for grant, change, re-grant and revocation of certificates of Blue Lotus Label
in accordance with the law provisions on archives.
3. To preside over and coordinate with
competent agencies to inspect and supervise the implementation of environmental
protection, application of the Criteria for Blue Lotus Label at the tourist
accommodation establishments.
4. To keep confidential information, figures
and data recorded in registration dossiers for certificates of Blue Lotus
Label; if wishing to provide data to third parties, it must be approved in
writing by the tourist accommodation establishments with registration records
for certificates of Blue Lotus Label.
5. To disclose the tourist accommodation
establishments to be granted, suspended or revoked certificates of Blue Lotus
Label on the websites http://www.vietnamtourism.gov.vn;
http://www.vietnamhotels.gov.vn; http://www.moitruongdulich. vn of the VNAT.
Article 12. Organization of implementation
1. This Decision takes effect 03 years from
its signing date.
2. General Director of the VNAT, President of
Vietnam Hotel Association, Directors of Departments of Culture, Sports and
Tourism of the Provinces/City are responsible for widely disseminating and
guiding the organization, implementing fully, accurately, publicly this
Decision.
3. After three years of pilot implementation
of granting certificates of Blue Lotus Label, the VNAT performs to review,
assess impact and report to the Minister of Culture, Sports and Tourism.
After this Decision expires, the tourist
accommodation establishments are continued to use certificates of Blue Lotus
Label until the certificates of Blue Lotus Label expire.
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During the execution, if any problems or
issues arise, the agencies, organizations, individuals should reflect to the
VNAT for synthesizing and reporting to the Minister of Culture, Sports and
Tourism calendar for consideration and settlement./.
MINISTER
Hoang Tuan Anh
ATTACHED
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