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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
27/2001/ND-CP
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Hanoi,
June 05, 2001
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DECREE
ON TOUR BUSINESS AND TOURIST GUIDING
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Enterprise Law No. 13/1999/QH13 of June 12, 1999;
Pursuant to the 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.- Application
scope and objects
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2. This Decree shall apply to all Vietnamese
organizations and individuals of all economic sectors and foreign organizations
and individuals operating under the Law on Foreign Investment in Vietnam, that
deal in tour business and tourist guiding, except otherwise provided for by the
legislation on foreign investment in Vietnam.
Article 2.- In this Decree,
the terms below shall be construed as follows:
1. Tourists are persons who travel for purely
tourist or combined tourist purpose, except those who travel for study, working
or professional practices to earn income at their destination places.
2. International tourists mean foreigners and
overseas Vietnamese who enter Vietnam for tourism; Vietnamese citizens and
foreigners residing in Vietnam who travel abroad for tourism.
3. Domestic tourists mean Vietnamese citizens
and foreigners residing in Vietnam, who travel within the Vietnamese territory.
4. Tourist programs mean pre-set timetables of
journeys organized by tour business enterprises, in which the journey duration,
tourist destination, stops, accommodation, transport and other services and
package prices are determined.
5. Tour business means the elaboration, sale and
implementation of tourist programs for profit-making purpose.
6. Tourist guides are persons who guide tourists
according to tourist programs and get paid for the guiding service.
Tourist guides do not include on-site narrators
and persons sent by agencies or organizations in company of tourists being
foreigners.
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TOUR BUSINESS
Article 3.- Tour
business
1. Organizations and individuals doing tour
business must register for the establishment of enterprises according to the
provisions of legislation on enterprises and commit to fully satisfy the
conditions prescribed in this Decree.
2. The establishment of tour enterprises, the
business registration and the addition of tour business line shall comply with
the Law on State Enterprises, the Law on Enterprises, the Law on Cooperatives,
the Law on Foreign Investment in Vietnam.
Article 4.- Conditions
for domestic tour business
1. Having tour business plan.
2. Paying a deposit of VND 50 (fifty) million.
3. Making business registration strictly
according to law provisions.
Article 5.- Rights and
obligations of domestic tour enterprises
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a) To elaborate, advertise, sell and organize
the implementation of, tourist programs for domestic tourists, overseas
Vietnamese entering Vietnam for tourism;
b) To set up branches and/or representative
offices according to law provisions;
c) To join clubs and/or professional
associations;
d) To conduct tourist promotion and
advertisement activities strictly according to their functions, powers and
tourist business scope;
e) Other rights as prescribed by law.
2. The domestic tour enterprises have the
following obligations:
a) To abide by and popularize tourists with
Vietnamese laws, State regulations on security as well as social order and
safety, on environmental protection, the nation�s
cultural traits, fine traditions and customs, and guide them in the observance
thereof;
b) To apply measures to ensure safety for the
health, lives and property of tourists;
c) To publicize prices and implementation
conditions of tourist programs, tourist services; to provide services to
customers in accurate quantity and quality as advertised;
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e) Not to permit other organizations,
individuals to use their legal person status, enterprise names for tourist
business activities;
f) To fulfill other obligations as prescribed by
law.
Article 6.- Conditions
for international tour business
1. Having the business license for international
tour.
2. Paying a deposit of VND 250 (two hundred and
fifty) million.
3. Making business registration according to law
provisions.
4. Having at least 3 tourist guides granted
cards thereof.
Article 7.- Granting
international tour business licenses
1. The dossiers of application for the granting
of international tour business licenses include:
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b) The lawful copies of papers prescribed in
Article 6 of this Decree.
2. The procedures for the granting of
international tour business licenses include:
a) Enterprises send a set of dossiers of
application for the granting of international tour business licenses
(hereinafter called the dossiers for short) to the tourism authorities of the
provinces or centrally-run cities where the enterprises are headquartered;
b) Within 15 days after receiving full dossiers
from the enterprises, the dossier- receiving agencies shall have to complete
the evaluation of dossiers and send their written proposals together with the
full dossiers to the competent bodies for consideration and granting of the
licenses. In cases where the enterprises fail to fully meet the criteria for
consideration and granting of licenses, the dossier- receiving bodies shall
have to notify them in writing thereof, clearly stating the reasons therefor
and at the same time send reports to the General Department of Tourism;
c) Within 15 days after receiving the written
proposals of the dossier-receiving bodies, the agencies competent to grant
licenses shall have to consider and grant the international tour business
licenses to the enterprises. In case of refusal to grant licenses, they must
notify the dossier-receiving bodies and the enterprises thereof in writing,
clearly stating the reasons therefor;
d) The General Department of Tourism publicizes
the procedures for license granting along the direction of simplicity,
convenience, not causing troubles and obstacles to business activities of
enterprises and effects the granting of international tour business licenses.
Article 8.- Rights and
obligations of international tour enterprises
1. The international tour enterprises have the
following rights:
a) To elaborate, advertise, sell and organize
the implementation of, tourist programs;
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c) To join clubs and/or professional associations;
d) To conduct tourist promotion and
advertisement activities;
e) To carry out procedures, applying for the
approval of personnel who apply for tourists entries, exits and transits with
competent State bodies;
f) Other rights as prescribed by law.
2. The international tour enterprises have the
following obligations:
a) To abide by and popularize the tourists with,
the Vietnamese State’s laws and regulations on security, social order and
safety, on environmental protection, the nation’s cultural traits, fine
traditions and customs, and guide the tourists in the observance thereof;
b) To apply measures to ensure safety for the
health, lives and property of tourists;
c) To publicize prices and implementation
conditions of tourist programs, tourist services; to provide services to
tourists with the right quantity and quality as advertised;
d) To notify the time of commencing the business
operation to the provincial/municipal tourism authorities;
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f) To employ only tourist guides already granted
cards to guide tourists;
g) To manage tourist guides, provide
professional training and fostering for tourist guides of the enterprises;
h) Not to allow other organizations and/or
individuals to use their legal person status, names for tourist business
activities;
i) To fulfill other obligations as prescribed by
law.
Article 9.- Rights and
obligations of foreign-invested international tour enterprises
The foreign-invested enterprises, which are
allowed to do tour business under the licenses granted by competent State
bodies of Vietnam, shall have the rights and obligations prescribed in this
Decree as well as the rights and obligations prescribed in the Law on Foreign
Investment in Vietnam and the relevant legal documents.
Chapter III
TOURIST GUIDING
Article 10.- Practice
of tourist guiding
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Article 11.- Rights and
obligations of tourist guides
1. The tourist guides have the following rights:
a) To guide tourists according to their assigned
tasks or under contracts already signed with tour enterprises;
b) To join professional associations;
c) To guide tourists according to domestic and
overseas tourist programs;
d) To receive wages, remuneration under
contracts signed with the employing units;
e) To sit for examinations for recruitment,
recognition of professional grades of tourist guides;
f) Other rights as prescribed by law.
2. The tourist guides have the following
obligations:
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b) To guide tourists according to programs,
showing civilized attitudes, wholeheartedness and thoughtfulness to tourists;
c) To be responsible for ensuring the safety of
lives and property of tourists;
d) To provide information on the journeys to
tourists and other legitimate interests of tourists;
e) To wear the guide’s card while on duty;
f) To perform other obligations as prescribed by
law.
Article 12.- Things the
tourist guides must not do
The tourist guides must not:
1. Take advantage of tour activities to provide
information which cause harms to the national security, social order and
safety;
2. Let other persons borrow the guide’s card;
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4. Take tourists to restricted areas;
5. Change the tourist programs, which have
already been notified to tourists, without the consents of tourists.
6. Gain illicit profits from tourists, force
with entreaties tourists to buy goods, services;
7. Casually cut the norms, services to be
enjoyed by tourists;
8. Show discrimination against tourists;
Article 13.- Granting
tourist guide’s card
Those who fully meet the following conditions
shall be granted tourist guide’s card:
1. Having the Vietnamese citizenship,
permanently residing in Vietnam, having full civil act capacity;
2. Not being infected with contagious diseases,
not using addictive substances;
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4. Having bachelor degree in foreign language or
certificate of tourism foreign language(s), granted by competent training
establishments;
Article 14.- Dossiers
of application for the granting of guide’s card
The dossiers of application for the granting of
guide’s card shall include:
a) The application for the granting of card;
b) The curriculum vitae (with certification by
the People’s Committee of ward or commune where the applicant resides or the
agency where he/she works);
c) The notarized copies of:
- The bachelor diploma and certificate of
fostering in tourist guide;
- The bachelor diploma in foreign language(s) or
certificate of tourism foreign language(s);
d) The health check paper and photos.
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1. Those who fully meet the conditions
prescribed in Article 13 of this Decree shall submit dossiers of application
for card granting to the competent State management bodies in charge of
tourism.
2. Within 15 days after receiving the full
dossiers, the State management bodies in charge of tourism shall have to
consider and grant the tourist guide’s card; in case of refusal to grant cards,
the competent State management bodies in charge of tourism must reply the
applicants in writing and clearly state the reasons therefor.
3. The General Department of Tourism shall
authorize the State management bodies in charge of tourism in the provinces and
centrally-run cities to effect the granting of tourist guide’s card.
The tourist guide’s cards are valid nationwide.
Article 16.- Renewal,
re-granting and withdrawal of guide’s card
1. Cases of renewal, re-granting of guide’s
card:
Where their cards are damaged or lost, tourist
guides shall have to compile dossiers applying for renewal or re-granting of
cards.
2. A dossier of application for card renewal,
re-granting shall include:
a) The application;
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c) The old card for case of card renewal, or
certification of police office for case of card loss.
3. Withdrawal of guide’s card
Tourist guides shall have their cards withdrawn
if they commit violations in one of the following cases:
a) Violating Clause 1 or Clause 2 of Article 12;
b) Violating Clauses from 3 to 8 of Article 12.
4. When having their cards withdrawn, the
tourist guides may only be considered for re-granting after 6 (six) months as
from the date of withdrawing the cards. The dossiers and procedures to apply
for card granting shall comply with the provisions in Articles 14 and 15 of
this Decree.
Chapter IV
STATE MANAGEMENT OVER
TOUR BUSINESS, TOURIST GUIDING AND TRANSPORTATION OF TOURISTS
Article 17.- The State
management over tour business, tourist guiding and transportation of tourists
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2. The General Department of Tourism shall
publicly announce the conditions and procedures for the granting of
international tour business licenses so that enterprises have grounds to draw
up and implement tourist programs and make business registration.
3. The General Department of Tourism has the
responsibility to inspect and supervise the granting of tourist guide’s cards
and handle violations according to current law provisions, including the
withdrawal of papers of authorization to grant tourist guide’s cards.
4. The General Department of Tourism shall
assume the prime responsibility and coordinate with the Ministry of Education
and Training and the Ministry of Culture and Information to define conditions
and training establishments competent to grant certificates of tourist guides
fostering, certificates of tourism foreign languages prescribed in Clauses 3
and 4, Article 13 of this Decree.
5. The Ministry of Communications and Transport
shall assume prime responsibility and coordinate with the concerned branches
and localities in guiding in detail the criteria and conditions on means and
operators of means for the transportation of tourists.
6. The State management bodies in charge of
tourism in the provinces and centrally-run cities shall exercise the management
of tour business activities, practice of tourist guding, transportation of
tourists in localities; guide and inspect the observance of business conditions
in localities according to the provisions of law.
Chapter V
COMMENDATION AND
HANDLING OF VIOLATIONS
Article 18.-
Commendation
Organizations and individuals that record
achievements in tour business, tourist guiding and/or transportation of
tourists shall be commended and/or rewarded according to the provisions of law.
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1. Organizations and individuals that do tour
business but fail to make business registration, enterprises which do international
tour business without licenses or commit errors in performing the obligations
prescribed in Clause 2, Article 8 of this Decree, and international tourist
guides who have no guide’s cards shall, depending on the nature and seriousness
of their violations, be administratively handled, have their business licenses
withdrawn or be examined for penal liability; if causing damage, they must pay
compensation therefor according to the provisions of law.
2. Those who abuse their positions and powers and
act in contravention of the provisions of this Decree as well as other law
provisions related to tour business and tourist guiding shall, depending on the
nature and seriousness of their violations, be disciplined or examined for
penal liability; if causing damage, they must pay compensation therefor as
prescribed by law.
Chapter VI
IMPLEMENTATION
PROVISIONS
Article 20.-
1. Tour business
enterprises, which were licensed and registered for business activities before
the date of promulgation of this Decree, may continue their business operation
but have to adjust and supplement all conditions for operation according to the
provisions of this Decree.
2. Those who were granted tourist guide’s cards
before the promulgation of this Decree, which have not yet expired, may
continue to use the granted cards for tourist guiding.
Article 21.- This
Decree takes effect 15 days after its signing. The previous provisions contrary
to this Decree are all now annulled.
Article 22.- The
General Department of Tourism shall have to assume the prime responsibility and
coordinate with the concerned ministries and branches in guiding the
implementation of this Decree.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
s