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GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.09/CP
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Hanoi, February 5th, 1994.
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DECREE
ON
ORGANIZING AND MANAGING THE TOURIST ENTERPRISES
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated 30 September,
1992;
Pursuant to Resolution No. 45-CP dated 22 June, 1993 of the Government on the
management renovation and development of the tourist industry;
To organize and manage the tourist enterprises in the specialization orientation,
in order to strengthen the management effect, and enhance the quality and
efficiency of the tourist industry's operation.
DECREES:
Article 1.
The tourist enterprise shall be
an independent economic accounting organization doing one or some tourist
businesses or services, having legal status and operating in accordance with
the laws.
Article 2.
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- Travel: having transactions,
signing contracts with the domestic and overseas tourist organizations to set
forth and materialize the tourist programs booked by tourists.
- Hotel service: receiving
tourists, offering them the services of accommodation, restaurants,
entertainment, goods sales.
- Tourist transportation
- Doing other services such as
entertainment, tourist advertisement, and consultant service for tourist
investment.
Article 3.
The tourist enterprise shall
choose one of the above form as its major business; other ancillary business
forms must be approved by the competent bodies.
Article 4.
The tourist enterprises shall be
responsible for:
- Doing business in accordance
with the contents (major, ancillary) started in the granted license;
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- Complying with the Ordinance
on Accounting and Statistics, paying taxes and fulfilling strictly all
obligations to the State;
- Managing the tourists from
receiving them up to the termination of the tour, ensuring the safety to the
life and property of the tourist;
- Ensuring the laborers' lawful
physical and moral interests.
Article 5.
Establishment, disbandment,
bankruptcy and management, granting and withdrawing the business license:
1. The establishment,
disbandment and bankruptcy of the tourist enterprises:
- The tourist enterprises shall
comply with Decree No. 388-HDBT dated 20 November 1991 of the Council of
Minister (now the Government).
- The limited liability
companies, share-holding companies, private enterprises shall comply with the
Law on Company and the Law on Private Enterprise.
- The joint-venture companies
with foreign owned capital shall be subject to the Law on Foreign Investment in
Vietnam.
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2. The devolution of State
management to various levels: for tourist enterprises:
a/ The National Administration
of Tourism
Pursuant to Decree No. 20-CP dated
27 December 1992 of the Government, regarding the State management on tourism,
the National Administration of Tourism shall be responsible for:
- Appraising the establishment
of the tourist enterprises
- Granting, managing and
withdrawing the business license for international tourist industry.
- Considering, determining the
classification of International hotels.
- Taking part in appraising the
investment projects on tourism and hotels.
b. The People's Committee of the
provinces and cities shall be responsible for:
- Granting, managing and
withdrawing the business licenses of hotels and domestic tourist services
including international hotels, domestic hotels, guest houses, holiday houses
of the State bodies, ministries, and branches converting into hotel industry
and other services on the territory of Vietnam in accordance with the laws and
regulations on guidance issued by the National Administration of Tourism.
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This Decree shall go into effect
from the signing date. All previously issued provision which are contrary to
this Decree shall be hereby repealed.
Article 7.
The Director General of the
National Administration of Tourism shall be responsible for making the detailed
guidance for implementing this Decree in appropriate steps.
Article 8.
The Director General of the
National Administration of Tourism, the Ministers, the Heads of the
ministry-ranking-bodies, the Heads of the Government's offices and the Chairmen
of the People's Committees of the provinces, cities shall be responsible for
the implementation of this Decree.
FOR THE GOVERNMENT
VICE PRIME MINISTER
Phan Van Khai