THE GOVERNMENT
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|
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 16/2012/NĐ-CP
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Hanoi, March 12, 2012
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DECREE
ON PENALTIES FOR ADMINISTRATIVE
VIOLATIONS OF TOURISM
Pursuant
to the Law on Government organization dated December 25, 2001;
Pursuant
to the Law on Tourism dated June 14, 2005;
Pursuant
to the Ordinance on Handling administrative violations dated July 02, 2002, the
Ordinance on amending and supplementing a number of articles of the Ordinance
on Handling administrative violations dated April 02, 2008;
At
the proposal of the Minister of Culture, Sports and Tourism;
The
Government promulgate the Decree on penalties for administrative violations of
tourism,
Chapter 1.
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Article 1. Scope of regulation
1.
This Decree specifies the acts of administrative violations, forms of
penalties, rates of penalties, authority to impose penalties, and remedial
measures related to tourism.
2. The
administrative violations of tourism are the violations of law provisions on
State management of tourism, deliberately or intentionally committed by
organizations and individuals, that do not constitute a crime and must by
administrative penalized.
3. The
acts of administrative violations of tourism in this Decree include:
a)
Violations of provisions on travel services, tour guiding, and transportation
of tourists;
b)
Violations of provisions on tourists accommodations;
b)
Violations of provisions on tourism promotion;
b)
Violations of provisions on other tourism activities.
4. For
other administrative violations of tourism not being prescribed in this Decree,
the provisions in other the Government's Decrees on the penalties for
administrative violations of relevant State management shall apply.
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Vietnamese
organizations and individuals, foreign organizations and individuals
(hereinafter referred to as organizations and individuals) committing
administrative violations of tourism in within the Vietnam’s territory.
Article 3. Forms of penalties and remedial measures
1. For
each administrative violations, the violating organizations and individuals
must incur one of the following forms of penalties:
a)
Warnings;
b)
Fines.
2.
Depending on the nature and extent of violations, organizations and individuals
that commit administrative violations may have to incur one or some of the
following forms of additional penalties:
a)
Temporarily depriving the right to use the License to provide international
travel services, the tour guide’s card, the narrator’s certificate;
b)
Confiscating the exhibits and means of administrative violations.
3.
Apart from the primary and additional forms of penalties prescribed in Clause 1
and 2 this Article, depending on the nature and extent of violations,
organizations and individuals that commit administrative violations may have to
take one or some of the following remedial measures:
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b)
Complying with the regulations on making and keeping documents as prescribed by
law;
c)
Returning to the tourists or remitting to the State budget the property
illegally taken from tourists;
d) Completely
paying the deposit as prescribed;
dd)
Complying with the reporting regime as prescribed by law;
e)
Installing the plate of standard tourist vehicle as prescribed by law;
g)
Complementing the equipment, facilities, services, professional skills, and
foreign language skills of managers and employees corresponding to the standard
of each rating of the lodging establishment as prescribed by law;
h)
Fixing the signboard indicating the rating of the lodging establishment in
accordance with the rating by competent State agencies;
i)
Removing and destructing the violating publications, billboards, signboards,
items, and equipment as prescribed by law;
k)
Removing and destructing the items serving tourism dissemination, terminating
the dissemination programs for some violations of provisions on tourism
promotion;
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m)
Implementing the decisions from competent persons and agencies, applicable to
the acts of obstructing the inspections and imposition of penalties for
administrative violations.
Chapter 2.
ACTS OF
ADMINISTRATIVE VIOLATIONS, FORMS AND RATES OF PENALTIES
SECTION 1. VIOLATIONS OF PROVISIONS ONTRAVEL BUSINESS, TOUR
GUIDING, AND TOURIST TRANSPORTATION
Article 4. violations of provisions on notification of
travel business
Fines
of from 1,000,000 VND to 3,000,000 VND for one of the following acts:
1.
Failing to notify in writing the time of commencing the travel business to the
Services of Culture, Sports and Tourism of central-affiliated cities and
provinces (hereinafter referred to as provincial Services of Culture, Sports
and Tourism) where the head office is situated within 15 days as from the
commencement date of the business.
2.
Failing to notify in writing the replacement of the legal representatives of
the enterprise, the conversion of the enterprise form, the change of the name,
the location of the travel service provider to the Service of Culture, Sports
and Tourism where the head office is situated within 15 days as from the
change.
3.
Failing to notify in writing the replacement of the operator of the
international travel activities to the Service of Culture, Sports and Tourism
within 30 days as from the replacement.
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5.
Failing to notify in writing the change of the Head, the name, or the location
of the branch or representative office of the travel service provider to the
Service of Culture, Sports and Tourism where the head office is situated, and
the Services of Culture, Sports and Tourism where the branch or the
representative office is situated within 10 days as from the change..
6.
Failing to notify in writing the loss of the license to provide international
travel services to the Vietnam National Administration of Tourism within 7 days
as from the loss.
7.
Failing to promptly notify the Services of Culture, Sports and Tourism of the
potential accidents or risk that tourists may encounter.
Article 5. Violations of provisions on travel business
1.
Fines of from 1,000,000 VND to 3,000,000 VND for one of the following acts:
a)
Employing domestic travel operators that do not have enough 3 years of
experience in the travel industry;
b)
Employing international travel operators that do not have enough 4 years of
experience in the travel industry;
c) The
domestic travel operators do not have enough 3 years of experience in the
travel industry;
d) The
international travel operators do not have enough 4 years of experience in the
travel industry;
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2.
Fines of from 3,000,000 VND to 5,000,000 VND for one of the following
violations:
a)
Failing to provide the written tour schedule for tourists or their
representative;
b)
Failing to provide the written contract for tourists or their representative;
c)
Failing to satisfy legitimate requirements of tourists as prescribed by law;
d)
Employing tour guides without written contracts with them, or the contract does
not contain sufficient primary contents as prescribed;
dd)
Failing to guide or provide information related to the tour schedule upon the
partner’s request;
e)
Failing to clearly, transparently, and correctly provide information about the
quantity and prices of tourism services for tourists;
3.
Fines of from 5,000,000 VND to 7,000,000 VND for one of the following acts:
a) The
travel operators uses false information about the working time to operate
travel business;
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c)
Using expired tour guide’s card to guide tourists.
4.
Fines of from 7,000,000 VND to 10,000,000 VND for one of the following acts:
a)
Using vehicles and equipment that do not ensure the health, life, and property
of tourists as prescribed by law; except for the cases prescribed in Clause 1,
2, 3 and 4 Article 8 of this Decree;
b)
Failing to comply with the regime for reporting to the Vietnam National
Administration of Tourism and the Services of Culture, Sports and Tourism;
c)
Employing people without tour guide’s card to guide tourists.
5.
Fines of from 10,000,000 VND to 15,000,000 VND for one of the following acts:
a)
Doing international travel business without at least 3 international tour
guides;
b)
Failing to buy insurance for Vietnamese tourist going abroad during the tour as
prescribed;
c)
Changing the agreed tour schedule, standards, and services without the consent
from tourists or their representative;
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a)
Failing to sustain the deposit for international travel business as prescribed;
b)
Changing the License to provide international travel services;
c)
Collecting money outside contract or other illegal collection from tourists;
d)
Failing to manage the business of branches, representative offices, and
affiliated units as prescribed by law;
dd)
Failing to manage tourists in accordance with the concluded contract and tour
schedule;
e)
Providing inaccurate information in the application for the issuance or the
replacement of the License to provide international travel services;
g)
Failing to apply for the replacement of the License to provide international
travel services as prescribed by law;
h)
Using the enterprise name, transaction name, and abbreviated name inconsistently
with that registered with competent State agencies to do business;
7.
Fines of from 20,000,000 VND to 25,000,000 VND for one of the following acts:
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b) Doing
travel business after notifying its suspension or the shut down, or having the
business suspended by competent State agencies.
8.
Fines of from 25,000,000 VND to 30,000,000 VND for doing travel business
inconsistently with the License to provide international travel services;
9.
Fines of from 30,000,000 VND to 40,000,000 VND for one of the following acts:
a)
Letting other organizations and individuals use the License to provide
international travel services to do travel business;
b)
Doing international travel business without the License to provide
international travel services.
10.
Forms of additional penalties:
a)
Depriving the right to use the License to provide international travel services
up to 12 months, applicable to the acts of violations prescribed in Point a and
c Clause 5; Point a, d and dd Clause 6, and Point a Clause 7 this Article;
b)
Depriving the right to use the License to provide international travel services
for 12 - 24 months, applicable to the acts of violations prescribed in Clause 8
and Point a Clause 9 this Article;
c)
Confiscating the exhibits of violations, applicable to the acts of violations
prescribed in Point a Clause 3 and Point e Clause 6 this Article.
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a)
Complementing the vehicles and equipment that ensure the health, life, and
property of tourists, applicable to the acts of violations prescribed in Point
a Clause 4 this Article;
b)
Complying with the regulation on making and keeping documents as prescribed by
law, applicable to the acts of violations prescribed in Point b Clause 3 this
Article;
c)
Complying with the reporting regime as prescribed by law, applicable to the
acts of violations prescribed in Point v Clause 4 this Article;
d)
Completely paying the deposit, applicable to the acts of violations prescribed
in Point a Clause 6 this Article;
dd)
Returning to the tourists or remitting to the State budget the property
illegally taken from tourists, applicable to the acts of violations prescribed
in Point c Clause 5 and Point c Clause 6 this Article.
Article 6. Violations of provisions on travel agencies
1.
Fines of from 1,000,000 VND to 3,000,000 VND for one of the following acts:
Failing
to notify in writing the time of commencing the travel agency to the Services
of Culture, Sports and Tourism within 15 days as from the commencement date of
the travel agency;
b)
Failing to notify in writing the change of the legal representatives, the name,
or the address of the travel agency to the Service of Culture, Sports and
Tourism within 15 days as from the change;
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d) The
travel agency location is not consistent with that registered with competent
State agencies.
2.
Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:
a)
Changing the tour schedule of the travel service provider;
b)
Selling tours at higher prices than that of the travel service provider;
c)
Running a travel agency without registering it;
d)
Running a travel agency without a written travel agency contract with the
travel service provider.
3.
Fines of from 5,000,000 VND to 10,000,000 VND for one of the following acts:
a)
Running a travel agency for an enterprise that do not have the License to
provide international travel services to sell tours to international tourists
and Vietnamese tourists going abroad;
b)
Keeping running the travel agency after having the Certificate of business
registration of the travel agency revoked by competent State agencies.
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Returning
to the tourists or remitting to the State budget the receipts illegally
collected from tourists, applicable to the acts of violations prescribed in Point
b Clause 2 this Article.
Article 7. Violations of provisions on tour guiding
1.
Warnings or fines of from 500,000 VND to 1,000,000 VND for tour guides or
narrators that do not wear name tags or certificates when practicing.
2.
Fines of from 1,000,000 VND to 2,000,000 VND for one of the following acts:
a)
Incorrectly or insufficiently provide information about the tourist attraction
or tourist resort;
b)
Failing to bring the tour schedule and assignment sheet of the travel service
provider when guiding the tour;
c)
Failing to instruct tourists to observe Vietnam’s laws and the regulations of
the tourist attraction, and to respect the local tradition and custom;
d)
Failing to provide sufficient information about the tour schedule for tourists or
their representative.
3.
Fines of from 2,000,000 VND to 3,000,000 VND for one of the following acts:
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b)
Failing to disseminate the safety measures to secure the life, health, and property
of tourists during the tour;
c)
Letting others to use the tour guide’s card, the narrator’s certificate;
c)
Using other’s tour guide’s card, the narrator’s certificate;
dd)
Using expired tour guide’s card;
e)
Providing inaccurate information in the application for the issuance or the
replacement of the tour guide’s card or narrator’s certificate.
4.
Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:
a)
Erasing and changing the contents of the tour guide’s card, the narrator’s certificate;
b)
Using a domestic tour guide’s card to guide foreign tourists.
c)
Giving narration at a tourist resort or tourist attraction without the
narrator’s certificate.
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a)
Guiding tourists without wearing the tour guide’s card as prescribed;
b)
Using a fake tour guide’s card or narrator’s certificate;
c)
Arbitrarily changing the tour schedule, cutting the services, or lower the
standards provided for tourists;
d)
Providing incorrect information about the Vietnam’s culture, history, and
people, damaging the image, tradition, ethics, and traditional custom of
Vietnam;
dd)
Taking advantage of the tour to provide information that affect social security
and order;
e)
Taking tourists to prohibited areas;
g)
Collecting money outside contract or other illegal collection from tourists;
6.
Fines of from 10,000,000 VND to 20,000,000 VND for foreigners guiding tours in
Vietnam.
7.
Forms of additional penalties:
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b)
Depriving the right to use the tour guide’s card for 12 – 24 months, applicable
to the acts of violations prescribed in Point c Clause 3; Point a and b Clause
4 or the recommitment of the violations prescribed in Point a, b and c Clause
2; Point a and b Clause 3; Point c, d, dd, e and g Clause 5 this Article;
c)
Depriving the right to use the narrator’s certificate 12 - 24 months,
applicable to the acts of violations prescribed Point c Clause 3, and Point a
Clause 4 this Article;
d)
Confiscating the exhibits of violations, applicable to the acts of violations
prescribed in Point d, dd, and e Clause 3, and Point b Clause 5 this Article.
8.
Remedial measures:
Returning
to the tourists or remitting to the State budget the property illegally taken
from tourists, applicable to the acts of violations prescribed in Point c, g
Clause 5 this Article.
Article 8. Violations of provisions on tourist
transportation
1.
Fines of from 1,000,000 VND to 2,000,000 VND per vehicle for using
less-than-9-seat vehicles of which the amenities are not adequate as prescribed
to transport tourists.
2.
Fines of from 2,000,000 VND to 3,000,000 VND per vehicle for using 9-to-24-seat
vehicles of which the amenities are not adequate as prescribed to transport
tourists.
3.
Fines of from 3,000,000 VND to 4,000,000 VND per vehicle for using
more-than-24-seat vehicles of which the amenities are not adequate as
prescribed to transport tourists.
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5. Fines
of from 2,000,000 VND to 3,000,000 VND for one of the following acts:
a)
Changing the transportation schedule without the consent from tourists;
b)
Failing to install the plate of standard tourist vehicle as prescribed by law;
c)
Employing drivers without the certificate of tourism knowledge;
d)
Employing tour attendants without the certificate of tourism knowledge;
6.
Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:
a)
Failing to comply with the regime for reporting to the Services of Culture,
Sports and Tourism and the Services of Transport as prescribed by law;
b)
Failing to apply for a plate of standard tourist vehicle as prescribed by law;
c)
Failing to buy insurance for tourists on the vehicle.
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a)
Using fake plates of standard tourist vehicle to do business;
b)
Posing as tourist vehicles
8.
Forms of additional penalties:
Revoking
the plate of standard tourist vehicle, applicable to the acts of violations
prescribed in Point a Clause 7 this Article.
9.
Remedial measures:
a)
Complement the amenities of the tourist vehicle to ensure the health, life, and
property of tourists, applicable to the acts of violations prescribed in Clause
1, 2, 3 and 4 this Article;
b)
Installing the plate of standard tourist vehicle, applicable to the acts of
violations prescribed in Point c Clause 5 this Article;
c)
Complying with the reporting regime, applicable to the acts of violations
prescribed in Point a Clause 6 this Article.
Article 9. Violations of the establishment and operation of
branches and representative offices of foreign tourism companies in Vietnam
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SECTION 2. VIOLATIONS OF PROVISIONS ON TOURISM
ACCOMMODATIONS
Article 10. Violations of provisions on tourism
accommodations
1.
Fines of from 1,000,000 VND to 3,000,000 VND for one of the following acts:
a)
Failing to notify in writing the commencement date of the lodging establishment
to the local Services of Culture, Sports and Tourism within 15 days as from the
commencement date of the lodging establishment;
b)
Failing to notify in writing the change of the head, or the name of the lodging
establishment to the Service of Culture, Sports and Tourism within 15 days as
from the change;
c)
Failing to notifying in writing the telecommunication surcharge of the lodging
establishment rated by the Services of Culture, Sports and Tourism, the
Services of Information and Communications within 15 days as from the
commencement date.
2.
Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:
a)
Failing to comply with the provisions on the signboard and rating of lodging
establishments;
b)
Failing to put on the rating board after being rated by the Vietnam National
Administration of Tourism and the Services of Culture, Sports and Tourism;
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d)
Failing to clearly and transparently provide information about the quantity,
quality, and prices of goods and services for tourists;
dd)
Failing to put on the Decision on the rating of the lodging establishment at a
noticeable position at the reception counter.
3.
Fines of from 5,000,000 VND to 7,000,000 VND for one of the following acts:
b)
Failing to comply with, or incorrectly implementing, the regulations on making
and keeping documents about the business of the lodging establishment as
prescribed by law;
b) The
quantity and size of hospitality rooms is not consistent with the rating of the
lodging establishment as prescribed by law;
c)
Failing to satisfying the standards for the parking lot, internal traffic, and
the reception hall;
b)
Failing to satisfy the standards and quantity of restaurants and bars as
prescribed by law;
b)
Failing to satisfy the standards for the kitchen area as prescribed by law;
b)
Failing to satisfy the standards and quantity of conference rooms and seminar
rooms and bars as prescribed by law;
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b)
Failing to satisfy the standards for the kitchen area as prescribed by law;
i) The
professional skills, and foreign language skills of managers and employees are
not satisfactory as prescribed by law;
4.
Fines of from 7,000,000 VND to 10,000,000 VND for one of the following acts:
a)
Using vehicles and equipment that do not ensure the health, life, and property
of tourists as prescribed by law;
b) Failing
to comply with the regime for reporting to the Services of Culture, Sports and
Tourism as prescribed by law;
g)
Failing to complement the equipment, facilities, services, professional skills,
and foreign language skills of managers and employees consistently with the
rating standards set by the tourism management agency;
5.
Fines of from 10,000,000 VND to 15,000,000 VND for one of the following acts:
a)
Failing to register for the appraisal and rating with the local Services of
Culture, Sports and Tourism after 3 months as from the commencement date of the
lodging establishment;
a)
Failing to register for the appraisal and rating with the local Services of
Culture, Sports and Tourism 3 months before the expiration date of the rating;
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6.
Fines of from 15,000,000 VND to 20,000,000 VND for one of the following acts:
a)
Using the lodging establishment name, transaction name, and abbreviated name
inconsistently with that registered with competent State agencies to do
business;
b)
Collecting money outside contract or other illegal collection from tourists;
c) Collecting
service charges improperly.
7.
Fines of from 20,000,000 VND to 25,000,000 VND for providing lodging services
after notifying its suspension or the shut down, or having the business
suspended by competent State agencies.
8. The
provisions in Clause 1 – 6 of this Article are also applicable to guest houses
of Ministries, sectors and localities that provide tourist lodging services.
9.
Forms of additional penalties:
Confiscating
the exhibits of violations, applicable to the acts of violations prescribed in
Point a Clause 4 and Clause 8 this Article.
10.
Remedial measures:
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b)
Complementing the vehicles and equipment that ensure the health, life, and
property of tourists, applicable to the acts of violations prescribed in Point
a Clause 4 this Article;
c)
Returning to the tourists or remitting to the State budget the property
illegally taken from tourists, applicable to the acts of violations prescribed
in Point b, c Clause 6 this Article.
d)
Removing and destructing the violating publications, billboards, signboards,
items, and equipment, regarding acts of violations prescribed in Point a Clause
2 and Point c Clause 5 this Article;
dd) Putting
on the plate indicating the rating of the lodging establishment consistently
with the rating given by competent State agencies, applicable to the acts of
violations prescribed in Point b Clause 2 this Article;
Article 11. Violations of provisions on providing
conditional goods and services in lodging establishments
Fines
of from 3,000,000 VND to 5,000,000 VND for failing to register in writing with
competent State agencies when providing conditional goods and services in a
rated lodging establishment.
SECTION 3. VIOLATIONS OF PROVISIONS ON TOURISM PROMOTION
Article 12. Violations of provisions on tourism promotion
1.
Fines of from 5,000,000 VND to 7,000,000 VND for one of the following acts:
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b)
Failing to implement, or incorrectly implementing, the announced tourism
promotion program;
c)
Advertising tourisms products inconsistently with the actual quality;
d)
Using tourism dissemination products without or with incorrect titles and
symbols provided by the Vietnam National Administration of Tourism.
2.
Fines of from 7,000,000 VND to 10,000,000 VND for taking advantage of tourism promotion
to damage the lawful rights and interests of other organizations and
individuals.
3.
Remedial measures:
Removing
and destructing the items serving tourism dissemination, terminating the
dissemination programs, applicable to the acts of violations prescribed in
Point a, c and d Clause 1 this Article.
SECTION 4. VIOLATIONS OF PROVISIONS ON OTHER TOURISM
ACTIVITIES.
Article 13. Violations of provisions on tourism resources
and tourism development planning
Fines
of from 10,000,000 VND to 15,000,000 VND for extracting tourism resources in
contravention of laws in tourist resorts, tourist attractions, or areas planed
for tourism development.
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1.
Fines of from 1,000,000 VND to 3,000,000 VND for not posting the regulation on
environment protection at noticeable places in lodging establishments, tourist
resorts, tourist attractions, or means tourist transport.
2.
Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:
a)
Failing to have public sanitation that satisfy the requirements for
environmental hygiene in lodging establishments, tourist resorts, tourist
attractions, or means tourist transport as prescribed;
b)
Failing to classify waste as prescribed in lodging establishments, tourist
resorts, tourist attractions, or means tourist transport;
c)
Failing to arrange people to monitor the tourism environment protection
consistently with the rating of the lodging establishment as prescribed by law.
3.
Fines of from 5,000,000 VND to 7,000,000 VND for one of the following acts:
a)
Failing to collect and treat waste as prescribed in lodging establishments,
tourist resorts, tourist attractions, or means tourist transport;
b)
Infringing the living environment of wild animals in areas with tourism
resources;
c)
Damaging the plants and floristic composition in areas with tourism resources.
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a)
Failing to make annual reports on the tourism environment protection as
prescribed by law;
a)
Failing to arrange means of collecting and treating waste to satisfy the
requirements for environmental hygiene in lodging establishments, tourist
resorts, tourist attractions, and means tourist transport;
5.
Forms of additional penalties:
Confiscating
the exhibits of violations, applicable to the acts of violations prescribed in
Point b and c Clause 3 this Article.
6.
Remedial measures:
Rectifying
the environment pollution caused by the acts of violations prescribed in Point
a and b Clause 2, Point a Clause 3, and Point b Clause 4 this Article.
Article 15. Violations of provisions on the business
management and operation in tourist resorts and tourist attractions
Fines
of from 1,000,000 VND to 3,000,000 VND for one of the following acts:
1.
Failing to promulgate the internal regulation on the management of the tourist
resort or tourist attraction;
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3.
Violating the regulation of the tourist resort or tourist attraction.
Article 16. Penalties for the acts of obstructing the
inspections and imposition of penalties for administrative violations.
1.
Fines of from 3,000,000 VND to 5,000,000 VND for refusing to decision on
inspection or enforcing the implementation of the decision of imposing
penalties for administrative violations.
2.
Fines of from 5,000,000 VND to 7,000,000 VND for one of the following acts:
a)
Failing to make declaration or incorrectly or unpunctually making declaration
at the request of the authorized person or competent State management agencies;
h)
Failing to provide or providing insufficient information and documents related
to the inspection and imposition of penalties for administrative violations;
c)
Obstructing the work or the Inspectorate, inspectors, or persons assigned to
carry out inspections;
d)
Insulting or threatening the persons in charge of the inspection and handling
of violations.
3.
Fines of from 7,000,000 VND to 10,000,000 VND for one of the following acts:
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b) Arbitrarily
breaking the seal on the exhibits and means of violations, or changing the
scene of the administrative violations;
c)
Hiding, changing, swapping the inspected or impounded exhibits;
d)
Assaulting persons on duty.
4.
Forms of additional penalties:
Confiscating
the exhibits of violations, applicable to the acts of violations prescribed in
Point b and c Clause 3 this Article.
5.
Remedial measures:
c)
Complying with the decision made by competent persons or competent agencies,
applicable to the acts of violations prescribed in Clause 1, Point a and b
Clause 2, and Point a Clause 3 this Article.
Chapter 3.
AUTHORITY TO
IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS
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The
Presidents of People’s Committees at all levels are entitled to impose
penalties, in accordance with Clause 4 and 5 Article 1 of the Ordinance on
amending and supplementing a number of articles of the Ordinance on Handling
administrative violations 2008, Article 30 of the Ordinance on Handling
administrative violations 2002, amended in the Ordinance on amending and
supplementing a number of articles of the Ordinance on Handling administrative
violations 2008, for the acts of administrative violations committed locally as
prescribed in this Decree.
Article 18. Authority to impose penalties for
administrative violations of Inspectors of Culture, Sports and Tourism
1.
Inspectors of Culture, Sports and Tourism on duty are entitled to:
a)
Issue warnings;
b)
Impose fines of up to 500,000 VND;
c)
Confiscate the exhibits and means of administrative violations valued at up to
2,000,000 VND;
d)
Take the remedial measures prescribed in Point a, b, d, dd, e, g, h, i, k, l
and m Clause 3 Article 3 this Article;
dd)
Exercise other rights as prescribed by law provisions on handling
administrative violations.
2. The
Chief inspectors of the Services of Culture, Sports and Tourism is entitled to:
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b) Impose
fines of up to 30,000,000 VND;
c)
Deprive the right to use Licenses and practice certificates under their
management;
d)
Confiscate the exhibits and means of administrative violations;
d)
Take the remedial measures prescribed in Clause 3 Article 3 this Article;
e)
Exercise other rights as prescribed by law provisions on handling
administrative violations.
3. The
Chief inspectors of the Ministry of Culture, Sports and Tourism is entitled to:
a)
Issue warnings;
b)
Impose fines of up to the maximum rate in the tourism industry;
c)
Deprive the right to use Licenses and practice certificates under their
management;
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d)
Take the remedial measures prescribed in Clause 3 Article 3 this Article;
e)
Exercise other rights as prescribed by law provisions on handling
administrative violations.
Article 19. Authority to impose penalties for
administrative violations of the Police, the Border guard, and the Coastguard
The
Police, the Border guard, and the Coastguard are entitled to impose penalties,
in accordance with Clause 6, 7, and 8 Article 1 of the Ordinance on amending
and supplementing a number of articles of the Ordinance on Handling
administrative violations 2008, and Article 37 of the Ordinance on Handling
administrative violations 2002, for the acts of administrative violations
related to the sectors under their management as prescribed in this Decree.
Article 20. Authority to impose penalties of inspectors
from other sectors
Within
the State management authority prescribed by the Government, the inspectors and
Chief inspectors of other sectors are entitled to impose penalties for
administrative violations of tourisms prescribed in this Decree that are
related to the sectors under their management.
Article 21. The form of Records and Decisions used to
impose penalties for administrative violations of tourism
The
form of Records and Decisions used to impose penalties for administrative
violations of tourism are promulgated together with this Decree.
Chapter 4.
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Article 22. Effects
1.
This Decree takes effect on April 30, 2012.
2.
This Decree supersedes the Government's Decree No. 149/2007/NĐ-CP dated October
09, 2007 on penalties for administrative violations of tourism.
Article 23. Implementation responsibilities
1. The
Minister of Culture, Sports and Tourism is responsible for organizing the
implementation of this Decree.
2.
Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies,
the Presidents of People’s Committees of central-affiliated cities and
provinces are responsible for implementing this Decree.
FOR THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung
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