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THE
GOVERNMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
168/2017/ND-CP
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Hanoi,
December 31, 2017
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CIRCULAR
ELABORATION OF SOME ARTICLES OF THE LAW ON TOURISM
Pursuant to the Law on
Government Organization dated June 19, 2015;
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 on elaboration of some articles of the Law on Tourism.
Chapter I
GENERAL PROVISIONS
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This Decree elaborates some
articles of the Law on Tourism regarding survey, assessment and categorization
of tourism resources; measures for keeping tourists safe from tourism products;
measures for keeping tourists safe from tourism products that may threaten the
tourists’ health and life; conditions for recognition of a tourist attraction
or tourism area; deposit payment by travel service providers; issuance,
replacement, reissuance and revocation of badges for means of tourist
transport, mandatory requirements for infrastructure and services provided for
tourists to be satisfied by a tourist accommodation establishment, and sources
for creation of the Tourism Development Assistance Fund.
Article 2.
Regulated entities
1. Vietnamese organizations and
individuals involved in tourism activities in Vietnam and abroad.
2. Foreign organizations and
individuals involved in tourism activities in Vietnam.
3. Tourism authorities, other
authorities, organizations, individuals and local communities related to
tourism activities.
Chapter II
SURVEY INTO, ASSESSMENT AND CATEGORIZATION OF TOURISM
RESOURCES
Article 3. Surveys
into tourism resources
1. The Ministry of Culture, Sports
and Tourism shall decide on general surveys into tourism resources. According
to realistic demand or at the request of the People’s Committee of the
province, the Ministry of Culture, Sports and Tourism shall decide on
additional surveys to update information concerning tourism resources.
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Article 4.
Contents of a survey into a tourism resource
1. General information about a
tourism resource: its name, location, scope, area of land, (land with) water
surface that is being used, manager and user.
2. Current use of the tourism resource.
3. Characteristics of the tourism
resource.
4. Value of the tourism resource.
Article 5.
Assessment and categorization of tourism resources
1. According to the survey results,
a tourism resource shall be assessed in terms of value, capacity, attraction,
scope of influence and capacity for tourism development.
2. According to the assessment
results, the tourism resources prescribed in Article 15 of the Law on Tourism
shall be categorized as national tourism resources and provincial tourism resources.
Article 6.
Responsibilities of Ministries, ministerial authorities and People’s Committees
of provinces
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a) take charge and cooperate with
People’s Committees of provinces, relevant Ministries and ministerial
authorities in formulating a plan for tourism resource survey in line with
targeted tourism development strategy. The survey plan must include all or some
of results from the tourism resource survey carried out by the People’s
Committee of provinces and regulatory authorities;
b) cooperate with People’s
Committees of provinces in implementing the tourism resource survey plan;
c) consolidate survey results and
survey and categorize tourism resources;
d) publish and retain results of
surveys into, assessment and categorization of tourism resources.
2. Ministries and ministerial
authorities shall:
a) cooperate with the Ministry of
Culture, Sports and Tourism in formulating and implementing the tourism
resource survey plan;
b) provide tourism resource data
within their competence.
3. People’s Committees of provinces
shall:
a) cooperate with the Ministry of
Culture, Sports and Tourism, relevant Ministries and ministerial authorities in
carrying out surveys into tourism resources according to the survey plan of the
Ministry of Culture, Sports and Tourism;
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Article 7.
Funding for surveying, assessing and categorizing tourism resources
1. The funding for surveying,
assessing and categorizing tourism resources shall be covered by state budget,
voluntary contribution by organizations and individuals, and other legal
sources.
2. Funding for surveying, assessing
and categorizing tourism resources shall be managed and used in accordance with
regulations of law.
Chapter III
MEASURES FOR KEEPING TOURISTS SAFE FROM TOURISM
PRODUCTS THAT MAY THREATEN TOURISTS’ HEALTH AND LIFE
Article 8.
Tourism products that may threaten tourists’ health and life
Tourism products are likely to threaten
tourists’ health and life if one of the following services is provided:
1. Paragliding, ballooning;
parachuting; high ropes course.
2. Cycling, motorcycling, mountain
and sand dune motorbike and car expedition; mountain climbing, rock climbing;
waterfall rope swing.
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4. Cave, forest and mountain
discovery.
Article 9.
Measures for assuring safety during sale of tourism products that may threaten
tourists’ health and life
1. Give warning and instructions
about climate, weather, health and relevant factors upon provision of tourism
products that may threaten tourists’ health and life.
2. Introduce rescue plans,
establish rescue departments in charge of prompt response to accidents;
maintain contact with tourists during provision of tourism products.
3. Employ qualified trainers,
technicians and tour guides.
4. Disseminate regulations on
assurance of safety of tourists; provide guidance on technical operating
procedure for tourists before provision of tourism products.
5. Provide, provide instructions on
and supervise use of equipment according to regulations and standards to ensure
safety of tourists.
Article 10.
Responsibilities of organizations and individuals
1. Responsibilities of traders of
tourism products specified in Article 8 of this Decree:
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b) Send written notice to the
Department of Tourism or the Department of Culture, Sports and Tourism of the
area where tourism products are sold at least 15 days before the date of sale;
c) Comply with other relevant
regulations of law.
2. Responsibilities of the
Department of Tourism or the Department of Culture, Sports and Tourism:
a) Within 15 days from the receipt
of the written notice sent by the trader of the tourism products specified in
Article 8 of this Decree, the Department of Tourism or the Department of
Culture, Sports and Tourism shall inspect and publish the list of traders
adopting all safety measures specified in Article 9 of this Decree on its
portal.
In case traders fail to adopt all
safety measures, the Department of Tourism or the Department of Culture, Sports
and Tourism shall request them to adopt all safety measures in writing and the
sale shall be only made if all measures specified in Article 9 of this Decree
are adopted;
b) Inspect and supervise traders of
tourism products specified in Article 8 of this Decree.
3. Responsibilities of
organizations and individuals in charge of managing tourism areas and tourist
attractions:
a) Inspect and supervise compliance
of Article 9 of this Decree by traders of tourism products under their
management;
b) Comply with Clause 1 of this
Article in case they directly trade in tourism products.
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4. Responsibilities of travel
service providers:
a) Comply with Clause 1 of this
Article in case travel service providers directly trade in tourism products;
b) Use services provided by traders
on the list of traders adopting all safety measures in case travel service
providers do not directly provide such services.
Chapter IV
CONDITIONS FOR RECOGNITION OF TOURIST ATTRACTIONS OR
TOURISM AREAS
Article 11. Conditions
for recognition of a tourist attraction
An area will be recognized as
tourist attraction if it:
1. has tourism resources and
boundaries shown on a topographic map certified by a competent authority. The
scale of the map varies depending on management requirements and topography.
2. has necessary infrastructure and
services, including:
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b) Electricity and clean water;
c) Tourist attraction signs;
d) Food and shopping services.
3. satisfies requirements for security,
social order and security, environmental protection. To be specific:
a) 24 hour security guards must be
available;
b) Telephone and address of
organizations and individuals in charge of managing tourist attraction must be
published;
c) Methods for receiving and
promptly settling tourists’ complaints must be adopted;
d) Public toilets must be clean,
ventilated and well lit. A sufficient number of public toilets must be provided
at peak times.
dd) Measures for collecting and
treating wastes and domestic wastewater must be adopted in accordance with the
law on environmental protection. Environmental services personnel must be
available;
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Article 12.
Conditions for recognition of a provincial tourist attraction
A tourist attraction will be
recognized as provincial tourist attraction if it:
1. has at least 01 provincial
tourist attraction that has boundaries shown on a topographic map certified by
a competent authority. The scale of the map varies depending on management
requirements and topography.
2. has infrastructure and services
that meet food and accommodation demands and other demands from tourists,
including:
a) Electricity and clean water
supply system;
b) Food and shopping establishments
qualified for provision of services for tourists and serving at least 100,000
tourists per year, tourist accommodation establishments serving at least 50,000
tourists per year;
c) Tourism area signs and
regulations, traffic signs, service and attraction signs;
d) Tour guiding services.
3. The provincial tourist
attraction must be connected to national traffic and telecommunications
infrastructure system.
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a) Rescuers and security guards
must be available;
b) Telephone and address of
organizations in charge of managing tourism area must be published;
c) There must be a department responsible
for providing information for tourists. Methods for receiving and promptly
settling tourists’ complaints must be adopted;
d) Public toilets must be clean,
ventilated and well lit. A sufficient number of public toilets must be provided
at peak times;
dd) There must be a waste
collection system and waste treatment measures, a domestic wastewater
collection and treatment system or a domestic wastewater collection system
connected to a centralized wastewater treatment system in accordance with the law
on environmental protection, and environmental services personnel;
e) Fire fighting measures must be
adopted in accordance with regulations of law.
Article 13.
Conditions for recognition of a national tourist attraction
A tourist attraction will be recognized
as national tourist attraction if it:
1. has at least 02 tourism
resources, including a national tourism resource and have boundaries shown on a
topographic certified by a competent authority. The scale of the map varies
depending on management requirements and topography.
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3. has infrastructure and services
that meet food and accommodation demands and other demands from tourists,
including:
a) Food, shopping, sports,
entertainment, recreation and healthcare establishments qualified for provision
of services for tourists and serving at least 500,000 tourists per year,
tourist accommodation establishments serving at least 300,000 tourists per year
and of which there must be establishments assigned a 3 star and higher rating;
b) Conditions specified in Points
a, c and d Clause 2 Article 12 of this Decree;
4. is connected to national traffic
and telecommunications infrastructure system.
5. satisfies requirements for
security, social order and security, environmental protection. To be specific:
a) There must be a waste and
wastewater collection and treatment system in accordance with the law on
environmental protection, and environmental services personnel.
b) Conditions specified in Points
a, c, d and e Clause 4 Article 12 of this Decree;
Chapter V
TOURISM BUSINESS
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Article 14.
Deposit and deposit methods
1. The domestic travel service
deposit is VND 100,000,000 (one hundred million dong).
2. International travel service
deposit:
a) Provision of travel services for
inbound tourists: VND 250,000,000 (two hundred and fifty million dong);
b) Provision of travel services for
outbound tourists: VND 500,000,000 (five hundred million dong);
c) Provision of travel services for
inbound and outbound tourists: VND 500,000,000 (five hundred million dong).
3. The travel service provider
shall pay the deposit in Vietnamese dong to a commercial bank, cooperative bank
or branch of a foreign bank established and operating in Vietnam and be
entitled to enjoy interest under the agreement between the provider and the
depository bank in accordance with regulations of law. The deposit must be
maintained during the period over which a provider provides travel services.
Article 15.
Payment of deposit and issuance of certificate of deposit
1. When a travel service provider
wishes to pay a deposit to its account at a bank, the depository bank and the
travel service provider shall enter into a deposit agreement. Under the deposit
agreement, the depository bank shall freeze the provider’s deposit at the bank.
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3. After freezing the deposit, the
depository bank shall issue a certificate of deposit for the travel service
provider using the Form 01 in the Appendix hereof.
Article 16.
Management and use of deposit
1. In case a tourist dies, has an
accident, faces any risk or infringes human life and needs to be taken to the
accommodation establishment or receive emergency treatment while the travel
service provider fails to promptly provide funding therefor, the provider shall
submit a written request for a temporary release of the deposit to the
authority in charge of issuing the license for provision of travel services. Within
48 hours from the receipt of the written request, the licensing authority shall
consider requesting the bank to let the provider to withdraw money from its
deposit account or refuses the request.
2. Within 30 days from the date of
withdrawal, the travel service provider shall make additional payment to
maintain the deposit prescribed in Article 14 of this Decree. In case of
failure to do so, the bank shall inform the licensing authority.
3. The travel service provider
shall submit a written request for refund of deposit to the bank in the
following cases:
a) A licensing authority’s written
notice of refusal to issue the license of provision of travel services is
received or the provider wishes to change its depository bank;
b) A licensing authority’s written
notice of refund of deposit after revocation of the license for provision of
travel services is received.
Section 2.
ISSUANCE, REPLACEMENT, ISSUANCE AND REVOCATION OF BADGES FOR MEANS OF TOURIST
TRANSPORT
Article 17.
Application and procedures for issuance of badges for means of tourist
transport
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a) An application form (Form No. 02
in Appendix hereof);
b) A list of information about
equipment, service quality and staff on the means of tourist transport that
must satisfy conditions prescribed in Clause 3 Article 45 of the Law on
Tourism;
c) A copy of the vehicle
registration certificate or appointment sheet for receipt of the vehicle
registration certificate or copy of the certificate of technical safety and
environmental safety. In case the means of tourist transport is not under the
ownership of the transport service provider, it is additionally required to
present a copy of the vehicle lease agreement with the vehicle owner or a copy
of the service contract between the member and the cooperative.
2. Procedures for issuance of
badges:
a) The tourist transport service
provider shall submit 01 application, directly or by post, to the Department of
Transport of the area where the provider’s headquarters or branch is located;
b) Within 02 working days and 07
working days from the receipt of a valid application, the Department of
Transport shall carry out appraisal and issue the badge to the motor vehicle
and inland waterway vehicle respectively. In case of refusal, a written notice
specifying reasons thereof must be sent or notify the provider through its
electronic transaction office;
c) During appraisal, the Department
of Transport shall inspect the certificate of technical safety and
environmental safety of the vehicle in Vietnam’s register system and transport
service license issued to the transport service provider, update information to
the cruise control system and only issue the badge to a vehicle if its cruise
control device satisfies all regulations on installation and data transmission
prescribed by the Ministry of Transport.
3. The badge for means of tourist
transport (Form No. 03 in the Appendix hereof) shall be valid for 07 years
which shall not exceed the remaining useful life of the means.
Article 18.
Issuance of badges
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a) Change of owner of means of
tourist transport or change of tourist transport service providers;
b) Expiry.
2. Applications, procedures for and
power over replacement of badges are specified in Article 17 of this Decree.
Article 19.
Reissuance of badges
1. A badge shall be reissued in
case it is lost or damaged.
2. Procedures for reissuance of a
badge:
a) The transport service provider
shall submit an application form using Form No. 02 in the Appendix hereof to
the Department of Transport which issued the badge;
b) Within 02 working days from the
receipt of the application form, the Department of Transport shall consider
reissuing the badge to the means of transport. In case of refusal, a written
notice specifying reasons thereof must be sent or notify the provider through
its electronic transaction office.
3. The expiry of the lost or
damaged badge is the same as that of the old badge.
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1. The badge of the inland waterway
vehicle shall be revoked in the following cases:
a) Conditions to be met by the
vehicle operator, staff, equipment and quality of the vehicle are not met.
b) The vehicle is involved in an
accident and no longer satisfies technical requirements or the certificate of
technical safety and environmental safety of the vehicle is revoked;
c) The issued badge is lent to be
attached to another vehicle.
2. The badge of the motor vehicle
shall be revoked in accordance with Government’s regulations on provision and
conditions for provision of transport services by motor vehicles.
3. The Department of Transport
shall revoke the badge.
4. The transport service provider
shall return the badge if a revocation notice of the Department of Transport is
obtained.
Section 3.
MANDATORY REQUIREMENTS FOR INFRASTRUCTURE AND SERVICES TO BE SATISFIED BY A
TOURIST ACCOMMODATION ESTABLISHMENT
Article 21.
Categories of tourist accommodation establishments
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a) Hotel resort: it is built in the
form of blocks or complex of villas, apartments and low-rise buildings and
apartments in areas with beautiful natural landscape;
b) Motel: it is built near roads
and has parking lots to serve accommodation demands of tourists who use road
vehicle (mopeds, motor vehicles) to travel or take a break during a long drive;
c) Floating hotel: it floats on the
surface of the water and is able to move when necessary;
d) City hotel: it is constructed in
urban areas.
2. Tourist villa: it is built for
lease and furnished with all necessary equipment and amenities so that tourists
can serve themselves during their stay.
3. Tourist apartment: it is
furnished with all necessary equipment and amenities so that tourists can serve
themselves during their stay.
4. Cruise ship: it is a water way
vehicle that is equipped with sleeping rooms to serve tourists' accommodation
demands.
5. Tourist guest house: it is
furnished with all necessary equipment and amenities to serve tourists.
6. Homestay: it is a house with
areas furnished with necessary equipment and amenities to serve tourists'
accommodation demands. Tourists live with the house owner’s family.
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Article 22.
Mandatory requirements for infrastructure and services to be satisfied by a
hotel
1. There must be electricity
system, clean water supply system and water drainage system.
2. There must be at least 10
bedrooms, reception and shared toilets.
3. Hotel resorts and motels must
have parking lots.
4. Hotel resorts, floating hotels
and motels must have kitchens, dining rooms and provide food services.
5. There must be beds, mattresses,
duvets, pillows, face towels, towels. Mattress, duvet and pillow covers must be
changed for every new guest.
6. Staff must be available 24 hours
a day.
7. Manager and staff must be
provided with training in tourism.
Article 23.
Mandatory requirements for infrastructure and services to be satisfied by a
tourist villa
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2. Seating area, bedrooms,
kitchens, bathrooms and toilets must be available.
Article 24.
Mandatory requirements for infrastructure and services to be satisfied by a
tourist apartment
1. Requirements specified in
Clauses 1 and 5 Article 22, Clause 2 Article 23 of this Decree must be
satisfied.
2. The apartment manager must be
provided with training in tourism.
Article 25.
Mandatory requirements for infrastructure and services to be satisfied by a
cruise ship
1. The ship must be in good
condition and the register is still available. It also must carry life jackets,
lifebuoys, means of communication and first aid cabinets.
2. There must be electricity and
clean water supply system, equipment for collecting waste and wastewater to
ensure environmental safety.
3. There must be a seating area,
cabins, bathrooms, toilets, kitchens, dining rooms and food services.
4. Requirements specified in
Clauses 5 and 7 Article 22 of this Decree must be satisfied.
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Article 26.
Mandatory requirements for infrastructure and services to be satisfied by a
tourist guest house
1. There must be electricity
system, clean water supply system and water drainage system.
2. There must be a seating area and
bedrooms. A shared bathroom/toilet must be available in case bedrooms do not
feature an en-suite bathroom/toilet.
3. Requirements specified in
Clauses 5, 6 and 7 Article 22 of this Decree must be satisfied.
Article 27.
Mandatory requirements for infrastructure and services to be satisfied by a
homestay
1. There must be lights and clean
water.
2. There must be a common area,
accommodations, kitchens, bathrooms and toilets.
3. There must be beds, mattresses
or mats; duvets, pillows, mosquito nets, face towels, towels. Mattress cover or
mat must be changed. Duvet and pillow covers, face towels and towels must be
changed for every new guest.
4. The homestay owner must be
provided with training in tourism.
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1. There must be a seating area,
tented campsites, parking lots, shared bathrooms/toilets.
2. There must be clean water.
3. There must be camping equipment
and tools and first aid kits.
4. There must be security guards
upon arrival of tourists.
5. Requirements specified in Clause
6 Article 22 of this Decree must be satisfied.
Article 29.
Inspection and supervision of fulfillment of mandatory requirements for
infrastructure and services by a tourist accommodation establishment
1. At least 15 days before
operation, the tourist accommodation establishment shall send a written notice to
the Department of Tourism or the Department of Culture, Sports and Tourism of
the area where the tourist accommodation establishment is located. The notice
consists of:
a) Name, type and scope of the
tourist accommodation establishment;
b) Address of the tourist
accommodation establishment, information about the legal representative;
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2. According to the approved
working plan or regulations of law, the Department of Tourism or the Department
of Culture, Sports and Tourism of the area where the tourist accommodation
establishment is located shall inspect fulfillment of mandatory requirements
for infrastructure and services provided for tourist. Within 07 working days
from the end of the inspection, the Department of Tourism or the Department of
Culture, Sports and Tourism shall send a written notice of inspection results
to the tourist accommodation establishment
In case the tourist accommodation
establishment fails to satisfy mandatory requirements applied to corresponding
category of the tourist accommodation establishment prescribed in this Decree,
the Department of Tourism or the Department of Culture, Sports and Tourism
shall request the tourist accommodation establishment fulfill all mandatory
requirements and change to an appropriate category. The tourist accommodation
establishment shall send written notice of fulfillment of mandatory
requirements or change of category to the Department of Tourism or the
Department of Culture, Sports and Tourism.
3. In case the tourist
accommodation establishment submits an application for rating at the same time
as it starts its business, the authority that has power to carry out appraisal
and assign ratings as prescribed in Clause 3 Article 50 of the Law on Tourism
shall cooperate in inspecting fulfillment of mandatory requirements, carrying
out appraisal and assign a rating to the tourist accommodation establishment.
Chapter VI
TOURISM DEVELOPMENT ASSITANCE FUND
Article 30.
Sources of the Tourism Development Assistance Fund
1. The Tourism Development
Assistance Fund is derived from:
a) Charter capital of the Tourism
Development Assistance Fund covered by the state budget for 03 first years.
Capital shall be allocated after the Prime Minister decides to establish and
approve the Fund’s charter;
b) Annually, the state budget shall
cover an additional amount equal to 10% of the total budget revenue from
collection of fees for issuance of visas and documents relating to exit from
and entry to Vietnam to foreigners and 5% of total budget revenue from fees for
tours of tourism areas and tourist attractions.
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d) Deposit interest;
dd) Other legal revenues.
2. The Fund’s balance of the
previous year shall be carried over the following year.
Chapter VII
IMPLEMENTATION CLAUSE
Article 31.
Effect
1. This Decree comes into force from
January 01, 2018.
2. The Government’s Decree No.
92/2007/ND-CP dated June 01, 2007 on guidelines for some articles of the Law on
Tourism; Government’s Decree No. 180/2013/ND-CP dated November 14, 2013 on
amendments to some articles of the Government’s Decree No. 92/2007/ND-CP dated
June 01, 2007 on guidelines for some articles of the Law on Tourism; Clause 4
Article 2 of the Government’s Decree No. 01/2012/ND-CP dated January 04, 2012
on amendments, replacement or annulment of regulations on administrative
procedures under the management of the Ministry of Culture, Sports and Tourism
are null and void from the effective date of this Decree.
Article 32.
Transitional clause
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2. While the Ministry of Culture,
Sports and Tourism has not yet published the list of tourism resources, tourism
areas shall be considered to be recognized as provincial/national tourism areas
according to their current characteristics and fulfillment of the remaining
conditions.
3. The owner of the means of
transport that has been issued with a badge for means of tourist transport
before the effective date of this Decree may use it until the expiry of the
badge.
Article 33.
Responsibility for implementation
Ministers, heads of ministerial
agencies, heads of Governmental agencies, People’s Committees of provinces and
central-affiliated cities and relevant organizations and individuals are
responsible for the implementation of this Decree./.
PP.
THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc