Circular No. 06/2017/TT-BVHTTDL dated December 15, 2017 elaborating of the Law on Tourism

• Official number: 06/2017/TT-BVHTTDL
• Legislation Type: Circular
• Organization: The Ministry Of Culture, Sports And Tourism
• Signer: Nguyen Ngoc Thien
• Issued Date: 15/12/2017

THE MINISTRY OF CULTURE, SPORTS AND TOURISM -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 06/2017/TT-BVHTTDL	Hanoi, December 15, 2017

CIRCULAR

ELABORATING SOME ARTICLES OF THE LAW ON TOURISM

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

Pursuant to the Government’s Decree No. 79/2017/ND-CP dated July 17, 2017 defining functions, tasks, entitlements and organizational structure of the Ministry of Culture, Sports and Tourism;

At the request of Director General of the General Department of Tourism;

The Minister of Culture, Sports and Tourism hereby promulgates a Circular to elaborate some articles of the Law on Tourism.

Chapter I

GENERAL PRO2VISIONS

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This Circular elaborates some articles of the Law on Tourism on the person in charge of provision of travel services, training program, organization of examinations and issuance of certificates of training in international and domestic tour operation, procedures for revocation of the license for provision of travel services, standards to be satisfied by a provider of other tourism services qualified for provision of services for tourists, standards in language proficiency, training program, organization of examinations and issuance of tour guiding certificates, on-site tour guiding examination, refresher course for international and domestic tour guides, specimens of application form, notice, record, specimens of license for provision of travel services and tour guide license, specimens of certificates and signboards in tourism industry.

Article 2. Regulated entities

1. Vietnamese and foreign organizations and individuals involved in tourism activities in Vietnam.

2. Tourism authorities, General Department of Tourism, Departments of Tourism, Departments of Culture, Sports and Tourism.

3. Organizations and individuals related to tourism activities.

Chapter II

TRAVEL SERVICES

Article 3. Persons in charge of provision of travel services

1. The person in charge of provision of travel services is a person who holds one of the following positions: the President of the Board of Directors, the President of the Board of Members, the President of a company, the owner of a sole proprietorship, the General Director, the Director or Deputy Director, the head of the travel service division.

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a) Tourism services and travel management;

b) Travel management;

c) Tour operation;

d) Tourism marketing;

dd) Tourism;

e) Travel tourism;

g) Tourism management and business.

3. The degree awarded by a foreign training institution shall be acknowledged as prescribed by the Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs;

Article 4. Tourism operation training programs

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a) Basic professional knowledge: Vietnam's political system, legal documents concerning tourism, introduction to tourism, tourism marketing, tourist psychology and art of communication;

b) Professional knowledge and tour operation training: introduction to travel service providers, tourism market and product, product design and tour program pricing, Vietnam’s tourism areas and tourist attractions, tour operation, sales and customer service, marketing and communications, procedures for domestic air freight, application of information technology to enterprise management and development;

c) Practice in domestic tour operation.

2. An international tourism operation training program includes:

a) Basic professional knowledge: Vietnam's political system, legal documents concerning tourism, introduction to tourism, tourism marketing, tourist psychology and art of communication, international cultural exchange;

b) Professional knowledge and tour operation training: introduction to travel service providers, tourism market and product, product design and tour program pricing, Vietnam’s tourism areas and tourist attractions, training in tour operation, sales and customer service, marketing and communications, currency and international settlement in tourism, immigration services,  procedures for domestic and international air freight, application of information technology to enterprise management and development;

c) Practice in international tour operation.

Article 5. Organization of examinations and issuance of certificates of training in tour operation

1. A training institution is allowed to organize examinations and issue certificates of training in tour operation if it:

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b) has an examination organization plan which includes the following contents: tests on the knowledge specified in Article 4, Point a, Clause 3 of this Article, organization procedures, infrastructure and examination board;

c) does not violate regulations on organization of examinations and issuance of certificates of training in tour operation within 03 years before the day on which the training institution organizes the examination.

2. The training institution shall:

a) follow inspection, supervision and professional instructions given by the General Department of Tourism;

b) update and supplement tests twice a year;

c) retain examinees’ applications, exam papers, exam results and documents relating to examinations in accordance with regulations of law;

d) send notice enclosed with the examination organization plan specified in Point b, Clause 1 of this Article to the General Department of Tourism at least 30 days before the date of examination;

dd) send exam results to the General Department of Tourism and update the list of examinees issued with the certificate on the travel management website within 45 days from the end of the examination.

3. The General Department of Tourism has the power to:

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b) provide guidance and carry out inspection and supervision of organization of examinations and issuance of certificates of training in tour operation;

c) request a training institution not to organize examinations in tour operation in case it is discovered that the institution fails to satisfy the criteria specified in Clause 1 of this Article until it satisfies all criteria.

4. The certificate of training in domestic tour operation and certificate of training in international tour operation shall be issued to the person who has passed the equivalent tour operation examination.

Article 6. Procedures for revocation of the license for provision of travel services in case the travel service provider terminates its services, dissolves or goes bankrupt

1. Application for termination of travel services:

a) In case the travel service provider terminates its services, the application consists of a notice of termination of travel services and issued license for provision of travel services;

b) In case the travel service provider dissolves or is dissolved, the application consists of a notice of termination of travel services, issued license for provision of travel services, a decision on dissolution, the provider’s meeting minute in case the provider dissolves as prescribed in Points a, b and c, Clause 1, Article 201 of the Law on Enterprises, a decision on revocation of the enterprise registration certificate or the judicial decision on dissolution in case the provider dissolves as prescribed in Point d, Clause 1, Article 201 of the Law on Enterprises;

c) In case the travel service provider goes bankrupt, the application consists of the judicial decision on initiating bankruptcy proceedings enclosed with the issued license for provision of travel services.

2. Procedures for revocation of the license for provision of travel services:

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b) Within 05 working days since receipt of a valid application, the licensing authority shall issue a decision on revocation of the license for provision of travel services. The decision on revocation of the license shall be issued to the provider, immigration authority, tax authority and business registration authority of the province where the provider’s headquarters is located, and published on the web portal of the licensing authority and travel service provider management website.

3. Refund of deposits after revocation of the license for provision of travel services:

a) After 60 days from the day on which the decision on revocation of the license for provision of travel services is published on the web portal of the licensing authority and travel service provider management website, in case of no complaints and denunciations related to obligations towards tourists or tourism service providers, the licensing authority shall request banks to let the travel service provider to withdraw its deposits. In case of complaints and denunciations related to obligations towards tourists or tourism service providers, the licensing authority shall cooperate with relevant competent authorities in taking actions in accordance with regulations of law;

b) In case the provider goes bankrupt, the deposits shall be decided by the court in accordance with regulations of the Law on Bankruptcy.

Article 7. Procedures for revocation of the license for provision of travel services in the cases specified in Points b, c, d, dd, e, g and h, Clause 1, Article 36 of the Law on Tourism

1. Within 15 days from the day on which an inspection conclusion is issued by the competent authority, the licensing authority shall issue a decision on revocation of the license for provision of travel services. The decision shall be issued to the provider, inspecting authority, immigration authority, tax authority and business registration authority of the province where the provider’s headquarters is located, and published on the web portal of the licensing authority and travel service provider management website.

2. Within 30 days since receipt of the decision on revocation of the license, the provider shall submit a report on discharge of obligations to tourists and tourism service providers under the signed contract, enclosed with the issued license to the licensing authority.

3. After the provider fulfills the obligation specified in Clause 2 of this Article, deposits shall be refunded as prescribed in Point a, Clause 3, Article 6 of this Circular.

Chapter III

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Article 6. Standards to be satisfied by the procurement service provider qualified for provision of services for tourists

1. The provider shall apply for business registration and fulfill conditions for provision of procurement services in accordance with regulations of law.

2. Information about origin and quality of goods shall be clear.

3. Prices shall be posted and goods shall be sold at posted prices. Payment by card issued by banks shall be accepted.

4. Staff shall behave in a civilized and polite manner.

5. Toilets shall be clean, well lit and ventilated.

Article 9. Standards to be satisfied by the food and drink establishment qualified for provision of services for tourists

1. The establishment shall apply for business registration and fulfill conditions for provision of food and drink services in accordance with regulations of law.

2. Dining rooms shall be well lit, have ventilation system and provide comfortable seat. The floor shall be dry, clean and non-slip. Utensils shall be properly washed and dried. Trash cans must be available.

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4. The kitchen shall be airy, provided with space for preliminary processing and processing of separate dishes. There must be equipment for preserving and processing food.

5. Staff shall behave in a civilized and polite manner, wear uniform and nameplate.

6. Standards specified in Clauses 3 and 5, Article 8 of this Circular.

Article 10. Standards to be satisfied by the sports service provider qualified for provision of services for tourists

1. The provider shall apply for business registration and fulfill conditions for provision of sports services in accordance with regulations of law.

2. The provider shall have regulations in Vietnamese, English and other languages (if necessary). There must be a reception, personal belongings storage area and bathroom.

3. Infrastructure and equipment for training and competition shall be provided. There must be training and competition equipment for lease which is suitable for each sport.

4. There must be instructors, service staff and rescue workers which are suitable for each sport.

5. Standards specified in Clauses 3 and 5, Article 8 and Clause 5, Article 9 of this Circular.

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1. The provider shall apply for business registration and fulfill conditions for provision of entertainment and recreation services in accordance with regulations of law.

2. The provider shall have regulations, reception and personal belongings storage area.

3. Space, infrastructure and equipment which are suitable for each type of entertainment and recreation service shall be provided.

4. There must be instructors and service staff which are suitable for each entertainment and recreation service.

5. Standards specified in Clauses 3 and 5, Article 8 and Clause 5, Article 9 of this Circular.

Article 12. Standards to be satisfied by the healthcare service provider qualified for provision of services for tourists

1. The provider shall apply for business registration and fulfill conditions for provision of healthcare services in accordance with regulations of law.

2. The provider shall have reception and personal belongings storage area.

3. The provider shall have regulations and procedures in Vietnamese, English and other languages (if necessary), and infrastructure and equipment which are suitable for each type of healthcare service.

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5. Standards specified in Clauses 3 and 5, Article 8 and Clause 5, Article 9 of this Circular.

Chapter IV

TOUR GUIDES

Article 13. Foreign language proficiency standards to be satisfied by tour guides

1. The person who has a good command of a foreign language as prescribed in Point c, Clause 2, Article 59 of the Law on Tourism shall satisfy one of the following standards:

a) He/she holds an associate degree or higher in a foreign language;

b) He/she has completed an associate degree or higher training program designed in a foreign language;

c) He/she holds an associate degree or higher issued by a foreign training institution;

d) He/she holds a certificate of foreign language proficiency at least level 4 of Vietnam’s language proficiency framework or at least level B2 of the Common European Framework of Reference for Languages which is still valid or issued within 05 years with respect to the certificate of foreign language provided in the Appendix I hereof.

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Article 14. Tour guiding training program

1. A domestic tour guiding training program includes:

a) Basic professional knowledge: Vietnamese geography, Vietnamese history, Vietnamese culture, Vietnam’s political system and legal documents concerning tourism;

b) Professional knowledge and tour guiding training: introduction to tourism, Vietnam’s tourism areas and tourist attractions, tourist psychology, art of communication in tour guiding, tour guiding skills, healthcare services;

c) Tour guiding skill practice;

d) Tour guiding internship.

2. An international tour guiding training program includes:

a) Basic professional knowledge: Vietnamese geography, Vietnamese history, Vietnamese culture, history of world civilizations, Vietnam’s political system and legal documents concerning tourism;

b) Professional knowledge and tour guiding training: introduction to tourism, Vietnam’s tourism areas and tourist attractions, tourist psychology, international cultural exchange, art of communication in international tour guiding, tour guiding skills, healthcare services, immigration, aviation and accommodation, diplomatic protocol;

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d) Tour guiding internship.

Article 15. Organization of examinations and issuance of certificates of training in tour guiding

1. A training institution is allowed to organize examinations and issue certificates of training in tour guiding if it:

a) is a college-level or higher training institution licensed to provide training in tour guiding, tourism services and travel management;

b) has an organization examination plan which includes the following contents: tests on the knowledge specified in Article 14, Point a, Clause 3 of this Article, organization procedures, infrastructure and examination board;

c) does not violate regulations on organization of examinations and issuance of certificates of training in tour guiding within 03 years before the day on which the training institution organizes the examiniation.

2. The training institution shall:

a) follow inspection, supervision and professional instructions given by the General Department of Tourism;

b) update and supplement tests twice a year;

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d) send notice enclosed with the examination organization plan specified in Point b, Clause 1 of this Article to the General Department of Tourism at least 30 days before the date of examination;

dd) send exam results to the General Department of Tourism and update the list of examinees issued with the certificate on the tour guide management website within 45 days from the end of the examination.

3. The General Department of Tourism has the power to:

a) decide on structure and volume of tour guiding tests according to the knowledge specified in Article 14 of this Circular and publish them on the web portal of the Ministry of Culture, Sports and Tourism. The test shall consist of theory and skill parts.

b) provide guidance on and carry out inspection and supervision of organization of examinations and issuance of certificates of training in tour guiding;

c) request a training institution not to organize examinations in tour guiding in case it is discovered that the institution fails to satisfy the criteria specified in Clause 1 of this Article until it satisfies all criteria.

4. The certificate of training in domestic tour guiding and certificate of training in international tour guiding shall be issued to the person who has passed the equivalent tour guiding examination.

Article 16. Examination on on-site tour guiding

1. Knowledge about on-site tour guiding:

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c) Verbal communication and non-verbal communication skills;

d) Problem solving skills;

d) Procedures for on-site tour guiding, specialized tour guiding skills

2. Knowledge about tourism areas or tourist attractions:

a) General introduction to the area;

b) General introduction to the history of the tourism area or tourist attraction;

c) Basic characteristics of the tourism area or tourist attraction;

d) Comparison of value of the local tourism area or tourist attraction to some equivalent tourism areas or tourist attractions.

3. Presentation of the tourism area or tourist attraction.

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1. A refresher course for domestic and international tour guides consists of 30 lessons, including:

a) World tourism, trends and prospects;

b) National economy, politics and society;

c) System of new legal documents concerning tourism;

d) State management of tourism;

dd) Vietnam’s tourism development, information about new or key tourism products;

e) Measures for ensuring safety of tourists.

2. The Department of Tourism and Department of Culture, Sports and Tourism shall announce a plan for refresher course organization and issue the certificate of completion of refresher course for international and domestic tour guides.

3. According to the plan for refresher course organization announced by the Department of Tourism and Department of Culture, Sports and Tourism, tour guides shall submit the application form to the Department of Tourism and Department of Culture, Sports and Tourism.

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Chapter V

IMPLEMENTATION CLAUSE

Article 18. Appendixes

Specimens of notices, application forms, licenses, signboards and certificates related to tourism industry are issued together with this Circular.

1. Appendix I: List of certificates in foreign language proficiency issued by the competent authorities

2. Appendix II: Specimens of application forms, notices and records

a) Specimen No. 01: Application form for recognition of a tourist attraction;

b) Specimen No. 02: Application form for recognition of a provincial tourism area;

c) Specimen No. 03: Application form for recognition of a national tourism area;

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dd) Specimen No. 05: Application form for reissuance/replacement of the license for provision of travel services;

e) Specimen No. 06: Notice of termination of travel services;

g) Specimen No. 07: Application form for rating of a tourist accommodation establishment;

h) Specimen No. 08: Record on assessment of a tourist accommodation establishment;

i) Specimen No. 09: Minutes of the assessment team;

k) Specimen No. 10: Application form for issuance of the signboard showing service standard for tourism;

l) Specimen No. 11: Application form for issuance of a tour guide license;

m) Specimen No. 12: Application form for replacement/reissuance of a tour guide license;

n) Specimen No. 13. Application form for refresher course for tour guides;

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3. Appendix III. Specimens of the license for provision of travel services and tour guide license

a) Specimen No. 01: License for provision of domestic travel services;

b) Specimen No. 02: License for provision of international travel services;

c) Specimen No. 03: Tour guide license.

4. Appendix IV: Specimens of certificates

a) Specimen No. 01: Certificate of training in domestic tour operation;

b) Specimen No. 02: Certificate of training in international tour operation;

c)  Specimen No. 03: Certificate of completion of refresher course for domestic and international tour guides;

d) Specimen No. 04: Certificate of training in domestic tour operation;

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5. Appendix V: Specimens of signboards

a) Specimen No. 01: Rating plate of a rated tourist accommodation establishment;

b) Specimen No. 02: Signboard which shows that a provider of other tourism services is qualified for provision of services for tourists.

Article 19. Effect

1. This Circular comes into force from February 01, 2018.

2. From the effective date of this Circular, the following documents and regulations are null and void:

a) Circular No. 88/2008/TT-BVHTTDL dated December 21, 2008 of the Minister of Culture, Sports and Tourism providing guidance on the implementation of the Government's Decree No. 92/2007/ND-CP dated June 01, 2007 elaborating some articles of the Law on Tourism on tourism accommodation;

b) Circular No. 89/2008/TT-BVHTTDL dated December 31, 2008 of the Minister of Culture, Sports and Tourism providing guidance on the implementation of the Government's Decree No. 92/2007/ND-CP dated June 01, 2007 elaborating some articles of the Law on Tourism on provision of travel services, branches and representative offices of Vietnam-based foreign tourism enterprises, tour guiding and tourism promotion (hereinafter referred to as "Circular No. 89/2008/TT-BVHTTDL);

c) Section VII Article 1 and section VII Article 2 of the Circular No. 07/2011/TT-BVHTTDL dated June 07, 2011 of the Minister of Culture, Sports and Tourism on amendments, replacement or annulment of regulations on administrative procedures under the management of the Ministry of Culture, Sports and Tourism;

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dd) Article 3 of the Circular No. 04/2016/TT-BVHTTDL dated June 29, 2016 of the Minister of Culture, Sports and Tourism on amendments to some articles of the Circular No. 15/2012/TT-BVHTTDL, Circular No. 07/2012/TT-BVHTTDL, Circular No. 88/2008/TT-BVHTTDL and Circular No. 05/2013/TT-BVHTTDL.

Article 20. Transition clause

1. The certificate of completion of periodic refresher course for tour guides prescribed in Clause 4, Section III of the Circular No. 89/2008/TT-BVHTTDL, which is issued before January 01, 2018, shall be valid within the time limit specified in the certificate for replacement of tour guide license.

2. The certificate of completion of foreign language test issued by a competent authority as prescribed in Clause 2, Section III of the Circular No. 89/2008/TT-BVHTTDL, which is issued before January 01, 2018, shall be valid within the time limit specified in the certificate for issuance of international tour guide license.

3. The certificate of training in tour guiding prescribed in Clause 2, Section III of the Circular No. 89/2008/TT-BVHTTDL, which is issued before March 31, 2018, shall be valid within the time limit specified in the certificate for issuance of international and domestic tour guide license.

4. The procurement service providers and food service providers that have been issued with the signboard which shows that such providers are qualified for provision of services for tourist before the effective date of this Circular may continue to use the signboard until it expires according to the Decision on issuance of signboard. 

Article 21. Implementation

1. The General Department of Tourism shall assist the Minister of Culture, Sports and Tourism in organizing the implementation and providing guidelines for this Circular.

2. Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Culture, Sports and Tourism (The General Department of Tourism)./.

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THE MINISTER




Nguyen Ngoc Thien