Nghị định 30/2022/NĐ-CP mô hình quản lý khu du lịch quốc gia

DECREE

PRESCRIBING NATIONAL TOURISM AREA MANAGEMENT MODEL

Pursuant to the Law on Government Organization dated June 19, 2015; Law on Amendments to some Articles of the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Tourism dated June 19, 2017;

At the request of the Minister of Culture, Sports and Tourism;

The Government hereby promulgates a Decree prescribing national tourism area management model.

Chapter I.

GENERAL PROVISIONS

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This Decree provides for national tourism area management model, including types of organizations managing national tourism areas; tasks and powers of organizations  managing national tourism areas; responsibilities of organizations and individuals for management of national tourism areas.

Article 2. Regulated entities

This Decree applies to Vietnamese and foreign organizations and individuals related to the national tourism area management model specified in this Decree.

Article 3. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. “national tourism model management organization” means any organization established and having functions, tasks and powers to manage a national tourism area.

2. “enterprise investing in formation of a national tourism area” means any enterprise investing in the construction, management and operation of a national tourism area established and operating in accordance with regulations of law on enterprises.

3. “auxiliary services for development of national tourism areas” mean services that meet the needs of organizations and individuals with a view to promoting investment in and operation of tourism services, holding tourist attraction and improving the quality of tourism services provided by national tourism area management organizations at national tourism areas.

4. “specialized management board” means any management board established in accordance with regulations of law on cultural heritage sites, forestry, biodiversity, fisheries and other related industries and fields.

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TYPES OF ORGANIZATIONS MANAGING NATIONAL TOURISM AREAS

Article 4. Types of organizations managing national tourism areas

Types of organizations managing national tourism areas consist of:

1. National tourism area management units under the management of Ministries or ministerial agencies.

2. National tourism area management boards under the management of People’s Committees of provinces and central-affiliated cities (hereinafter referred to as “provincial People’s Committees”).

3. Enterprises investing in formation of national tourism areas.

Article 5. National tourism area management units under management of Ministries or ministerial agencies

1. A national tourism area management unit is an administrative unit of a Ministry or ministerial agency. The establishment, re-organization and dissolution of the national tourism area management unit in this clause shall comply with regulations of law on establishment, re-organization and dissolution of administrative units.

2. The national tourism area management unit is a public service provider affiliated to a Ministry or ministerial agency. The establishment, re-organization and dissolution of the national tourism area management unit in this clause shall comply with regulations of law on establishment, re-organization and dissolution of public service providers.

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a) Organizational structure of the national tourism area management unit in clause 1 of this Article shall comply with regulations of law on establishment, re-organization and dissolution of administrative units;

b) The national tourism area management unit in clause 2 of this Article shall exercise autonomy in its organizational structure in compliance with regulations of law on establishment, re-organization and dissolution of public service providers.

Article 6. National tourism area management boards under management of provincial People’s Committees

1. The People’s Committee of a province where a national tourism area is located shall select and organize the establishment or transformation of the management board in one of the following cases:

a) Establish a new management board or re-organize the management board which is a public service provider affiliated to the provincial People’s Committee to manage the national tourism area;

b) Transform the specialized management board which is a public service provider into a public service provider affiliated to the provincial People’s Committee to manage the national tourism area and exercise the functions and tasks in accordance with relevant regulations of law.

2. The provincial People’s Committee shall request the Prime Minister to establish or transform the management board as prescribed in clause 1 of this Article to manage a national tourism area within its province in the cases where the national tourism area is located in at least 02 provinces.

3. The national tourism area management board shall be established or re-organized after the national tourism area is recognized as prescribed in Article 28 of the Law on Tourism.

4. According to local conditions, the provincial People’s Committee shall decide assign the national tourism area management board to manage one or more tourism areas within its province.

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6. Procedures for establishment, re-organization and dissolution of the national tourism area management board shall comply with regulations of law on establishment, re-organization and dissolution of public service providers.

Article 7. Enterprises investing in formation of national tourism areas

Organizational structure and operation of enterprises investing in formation of national tourism areas shall comply with regulations of law on enterprises and relevant regulations of law.

Chapter III.

TASKS AND POWERS OF NATIONAL TOURISM AREA MANAGEMENT ORGANIZATIONS

Article 8. Tasks and powers of national tourism area management units under management of ministries or ministerial agencies

Tasks and rights of national tourism area management units under management of ministries or ministerial agencies shall be decided by competent authorities in compliance with regulations of law on establishment, re-organization and dissolution of administrative units or law on establishment, re-organization and dissolution of public service providers.

Article 9. Tasks and powers of a national tourism area management board under management of a provincial People’s Committee

1. Tasks and powers serving state management

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b) Consider formulating and submitting to the provincial People’s Committee Regulation on cooperation in management of national tourism areas located in at least 02 provinces; formulate and sign the Regulation on cooperation in national tourism area management with the specialized management board (if any);

c) Comment on investment projects and adjustments to planning within national tourism areas;

d) Manage, inspect and supervise compliance with regulations of law by tourism service providers, organizations and individuals concerned; control quality of tourism services within national tourism areas; manage activities of on-site tour guides; make initial records, protect the scene, preserve exhibits of violations, promptly report violations to competent organizations and individuals for handling as prescribed by law;

dd) Formulate or cooperate in formulating and implementing a plan to manage, develop, protect, preserve and foster tourism resource values and diversify tourism resources within national tourism areas as prescribed by law;

e) Maintain order and safety of tourists, fire safety, rescue work and environmental hygiene; facilitate national defense and security assurance; avoid making mistakes in management within national tourism areas;

g) Promulgate, disseminate and provide guidelines for implementation of regulations, environmental protection plans, environmental emergency response plans, measures to ensure security and safety of tourists within national tourism areas;

h) Study, assess and determine capacity of national tourism areas so as to manage, exploit and use tourism resources in an effective and sustainable manner;

i) Comply with reporting regulations specified in Article 12 of this Decree.

2. Tasks and powers in provision of public services

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b) Research, build and develop products and brands of national tourism areas; design international cooperation programs; organize national tourism area promotion and marketing activities in domestic and international market; apply modern information technology to provide tourism information and print advertisements;

c) Provide training and refresher training in tourism, culture, behavior and foreign languages to staff of management boards, and staff and employees of enterprises and tourism service providers within national tourism areas;

d) Operate tourist support centers and provide information within national tourism areas; put up signs and instruction boards; receive and handle complaints, feedback, propositions and comments of tourists within national tourism areas;

dd) Collect, pay, manage and use entrance fees, charges for auxiliary services for national tourism area development, proceeds from execution of joint venture or association agreements with organizations and individuals, asset lease and other legal proceeds prescribed by law;

e) Manage, use and take responsibility for finance and asset assigned, manage annually allocated budget and other revenues prescribed by law;

g) Perform other tasks as prescribed.

3. Tasks and powers of the management board specified in point b clause 1 Article 6 of this Decree

a) Exercise functions, tasks and powers in accordance with relevant regulations of law;

b) Exercise the tasks and powers specified in clauses 1 and 2 of this Article.

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1. Exercise the tasks and powers specified in points dd, e, g, h and i clause 1; points a, b, c and d clause 2 Article 9 of this Decree.

2. Manage quality of tourism services within national tourism areas; manage activities of on-site tour guides.

Article 11. Cooperation regulation

1. The regulation on cooperation between the national tourism area management unit under management of a Ministry or ministerial agency and relevant authorities shall be implemented within the ambit of the functions and tasks decided by the competent authority in compliance with regulations of law on establishment, re-organization and dissolution of administrative units or law on establishment, re-organization and dissolution of public service providers.

2. Cooperation regulation of the national tourism area management board under management of a provincial People’s Committee

a) The management shall act as the contact point to preside over and cooperate with related organizations in management and development of national tourism areas;

b) The specialized agency affiliated to the provincial People’s Committee shall, within its jurisdiction, cooperate with the management board in performance of the tasks related to management and development of national tourism areas;

c) The People’s Committee of the district or commune where national tourism areas are located shall cooperate with the management board in maintaining order, security and environmental hygiene and performing other tasks as prescribed by law;

d) The national tourism area management board shall preside over and cooperate with the specialized management board in formulating Regulation on cooperation in national tourism area management.

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a) The People’s Committee of a province where the national tourism area is larger shall preside over and cooperate with the other provincial People's Committee in formulating Regulation on cooperation in national tourism area management;

b) The Regulation on cooperation in national tourism area management shall be signed by the People's Committee of the province where the national tourism area is located after obtaining written consent from the Ministry of Culture, Sports and Tourism.

4. The Regulation on cooperation in national tourism area management shall contain scope, regulated entities, presiding authority, cooperating authority, principles and contents of cooperation, working relationship between authorities, units and organizations.

Article 12. Reporting regulations applicable to national tourism area management boards

1. Every management board shall carry out periodic and ad hoc reporting as prescribed by law, Including:

a) Biannual report on national tourism area management;

b) Annual report on national tourism area management;

c) Internal statistical report;

d) Ad hoc report.

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a) Contents of biannual and annual reports consist of assessment of performance of the tasks in national tourism area management specified in Article 9 of this Decree (results, difficulties, limitations, causes, orientations in the coming time, propositions);

b) Data collection period shall comply with applicable regulations on reporting and the report shall be submitted by June 20 (for a biannual report) and December 15 (for an annual report).  Regarding financial statements, regulations of law on financial reporting shall be complied with.

c) Periodic reports shall be submitted to the Ministry of Culture, Sports and Tourism (through the Vietnam National Administration of Tourism) and provincial People’s Committee (through the provincial tourism authority).

3. Internal statistical reports; report receiving authority, contents, time limit, period and methods of submission of statistical reports shall comply with prevailing regulations on internal statistical reporting applicable to establishments and enterprises involved in tourism activities which are managed and licensed by tourism authorities.

4. Ad hoc reports shall be submitted at the request of the Ministry of Culture, Sports and Tourism or provincial People’s Committees.

Article 13. Financial mechanism

1. The state shall allocate budget for operation of national tourism area management units as prescribed in clause 1 Article 5 of this Decree as prescribed by law.

2. The national tourism area management unit specified in clause 2 Article 5 and national tourism area management board specified in clause 1 Article 6 of this Article shall exercise financial autonomy in accordance with regulations of law applicable to public service providers of which both recurrent and investment expenditures are covered themselves or public service providers of which part of their recurrent expenditure are covered by themselves. 

Chapter IV

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Article 14. Responsibilities of Ministries and ministerial agencies

1. Responsibilities of Ministry of Culture, Sports and Tourism

a) Provide guidance on implementation of legislative documents, standards and technical regulations related to national tourism area management;

b) Orientate and formulate planning for national tourism area development; orientate preservation and upholding of cultural values, provide training to personnel within national tourism areas;

c) Participating in appraising key schemes, projects and planning for national tourism area development;

d) Assist in national tourism area investment promotion and marketing activities in the national destination promotion program;

dd) Inspect compliance with regulations of law on management and provision of tourism services in national tourism areas;

e) Commenting on Regulation on cooperation in management of national tourism areas located in at least 02 provinces located in 02 provinces at the request of the People's Committee of the province where the national tourism areas are located;

g) Direct national tourism area management units under its management to cooperate with specialized management boards in formulating and promulgating Regulation on cooperation in national tourism area management.

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a) Provide guidance on implementation of legislative documents, standards and technical regulations on national tourism area management under their relevant authority;

b) Organize inspection of compliance with legislative documents under their relevant authority by national tourism areas;

c) Participating in appraising key schemes, projects and planning for national tourism area development;

d) Direct national tourism area management units under their management to cooperate with specialized management boards in formulating and promulgating Regulation on cooperation in national tourism area management.

3. Responsibilities of other related Ministries and ministerial agencies

Other related Ministries and ministerial agencies shall, within their jurisdiction, implement the regulations laid down in clause 2 of this Article.

Article 15. Responsibilities of People’s Committees at all levels

1. Responsibilities of a provincial People’s Committee

a) Formulate a scheme and submit it to the Prime Minister to establish or re-organize management boards;

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c) Maintain satisfaction of conditions for national tourism area recognition;

d) Preside over or cooperate with the other provincial People’s Committee in formulating and promulgating the Regulation on cooperation in management of national tourism areas located in at least 02 provinces. The provincial People’s Committee shall preside over drafting Regulation on cooperation in national tourism area management and send it to the Ministry of Culture, Sports and Tourism to seek its comments;

dd) Direct the national tourism area management board to cooperate with the specialized management board in in formulating and promulgating the Regulation on cooperation in management of national tourism areas within its province.

2. Responsibilities of People’s Committees of districts and communes where national tourism areas is located

People’s Committees of districts and communes where national tourism areas is located shall cooperate with national tourism area management organizations in maintaining security, order and environmental hygiene and performing other tasks as prescribed by law.

Article 16. Responsibilities of specialized agencies affiliated to provincial People’s Committees

1. Responsibilities of a provincial tourism authority

a) Advise the provincial People’s Committee to perform state management of national tourism areas within its province;

b) Cooperate with national tourism management organizations in management and development of national tourism areas;

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d) Provide training and refresher training to on-site tour guides;

dd) Preside over and cooperate in providing guidance on and inspecting the implementation of regulations of law on tourism by national tourism area management organizations;

e) Performing other tasks as assigned by the provincial People’s Committee.

2. Responsibilities of other related provincial tourism authorities

a) Preside over and cooperate in providing guidance on, inspecting and supervising the implementation of regulations of law on tourism within national tourism areas and activities of national tourism area management organizations;

b) Cooperate with related authorities in management and development of national tourism areas.

Article 17. Responsibilities of organizations and individuals

Organizations and individuals trading goods and providing services within national tourism areas shall comply with regulations of law and regulations of national tourism areas; maintain environmental hygiene, security and order and protect tourism resources within national tourism areas.

Chapter V

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Article 18. Effect

This Decree comes into force from August 01, 2022.

Article 19. Transitional clauses

Within 24 months from the effective date of this Decree, any national tourism area that has been recognized must have its management board re-organized as prescribed in this Decree.

Article 20. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairmen/Chairwomen of People’s Committees of provinces and central-affiliated cities and related organizations and individuals are responsible for the implementation of this Decree.

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