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THE MINISTRY OF CULTURE. SPORTS AND TOURISM - THE
MINISTRY OF TRANSPORT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 05/2011/TTLT-BVHTTDL-BGTVT
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Hanoi, January, 26, 2011
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JOINT CIRCULAR
PROVIDING FOR TOURIST TRANSPORTATION BY CAR AND THE
GRANT SIGNBOARDS FOR TOURIST CARS
Pursuant to June 14, 2005 Tourism Law No. 44/2005/QH11; and the
Government's Decree No. 92/2007/ND-CP of June 1, 2007, detailing a number of
articles of the Tourism Law;
Pursuant to November 73, 2008 Road Traffic Law No. 2.V2008/QH12; and the
Government's Decree No. 91/2009/ND-CP of October 21, 2009, on road transport
business and business conditions;
Pursuant to the Government's Decree No. 185/2007/ND-CP of December 25. 2007.
defining the functions, tasks, powers and organizational structure of the
Ministry of Culture, Sports and Tourism;
Pursuant to the Government's Decree No. 51/ 2008/ND-CP of April 22, 2008,
defining the functions, tasks, powers and organizational, structure of the
Ministry of Transport;
The Ministry of Culture, Sports and Tourism and the Ministry of Transport
jointly provide for tourist transportation by car and the grant of signboards
for tourist cars as follows:
I. GENERAL PROVISIONS
Article 1.
Scope of regulation
This Joint Circular provides for the transportation
of tourists by car and the grant of tourist car signboards in Vietnamese
territory.
Article 2.
Subjects of application
1. Authorized state management agencies, agencies and
organizations involved in the management of tourist transportation by car.
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II. SPECIFIC PROVISIONS
Article 3.
Tourist car interiors and conveniences
1. Under 9-seat cars must have air conditioners,
drink containers, first-aid kits and standby medicines.
2. In addition to those specified in Clause 1 of this
Article, cars of between 9 and under 24 seats must have sunlight curtains,
safety instruction sheets, fire extinguishers, emergency escape hammers,
dustbins and boards showing the names and addresses of vehicle owners stuck at
the back of the driver's seat.
3. In addition to those specified in Clause 2 of this
Article, over 24-seat cars (except caravans and double-deckers) must have
microphones, TV and luggage compartments.
4. In addition to those specified in Clause 3 of this
Article, double-deckers and caravans must have first-aid seats or temporary
relax rooms, respectively.
Article 4.
Tourist car drivers and attendants
1. Tourist car drivers must satisfy law-prescribed
requirements applicable to drivers and possess a tourism training certificate.
2. Tourist car attendants, except those who are
concurrently tourist or relic site guides, must possess a tourism training
certificate.
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Article 5.
Dossiers of application for tourist car signboards
1. Dossiers of application for tourist transportation
eligibility certificates shall be sent to provincial-level Culture. Sports and
Tourism Departments of localities where business units or their branches are
based. Such a dossier comprises-
a/ An application for tourist transportation
eligibility certificates, enclosed with a list of cars requiring certification,
made according to the form provided in Appendix 1 to this Circular;
b/ Copies of the license for passenger transportation
by car and the international travel service license or the travel service
registration certificate, enclosed with their originals for comparison;
c/ Copies of the following papers: registration
certificates and technical safety and environmental protection inspection
certificates of cars requiring certification; and certificates of car owners'
civil liability insurance.
2. Dossiers of application for tourist car signboards
shall be sent to provincial-level Transport Departments of the localities where
business units or their branches are based. Such a dossier comprises:
a/ An application for tourist car signboards, made
according to the form provided in Appendix 3 to this Circular;
b/ Tourist transportation eligibility certificates,
issued by provincial-level Culture, Sports and Tourism (originals);
c/ A copy of the license for passenger transportation
by car;
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Article 6.
Procedures for the grant of tourist car signboards
1. Within 3 working days after receiving a complete
and valid dossier, the provincial-level Culture, Sports and Tourism Department
shall examine the dossier and conduct physical inspection of each car under
Article 3 of this Circular and grant tourist transportation eligibility
certificates, made according to the form provided in Appendix 2 to this
Circular. In case of refusal, it shall issue a written reply to the applying
business unit, clearly stating the reason.
2. Within 2 working days after receiving a complete
and valid dossier, the provincial-level Transport Department shall grant
tourist car signboards. In case of refusal, it shall issue a written reply to
the applying business unit, clearly stating the reason.
Article 7.
Tourist car signboards and their validity duration
1. A tourist transportation car signboard must show
the name of the business unit, be made of materials and have a size, color and
design according to the form provided in Appendix 4 to this Circular
2. A tourist car signboard is valid nationwide for 24
months.
Article.8. Priorities for cars with tourist car
signboards
1. To be arranged at priority slopping and parking
places convenient for tourist pick-up and see-off at car terminals, stations,
airports, harbors, wharves, tourist resorts, tourist sites, tourist
accommodation establishments and other tourism service establishments.
2. To be permitted to operate without any time limit
on routes leading to 3-star or higher-class hotels.
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Article 9.
Responsibilities of tourist transportation enterprises
1. From the time cars which are granted tourist car
signboards are put into operation, once every 6 months, business units shall
send reports on tourist transportation business results, made according to the
form provided in Appendix 7 to this Circular, to provincial-level Culture,
Sports and Tourism Departments and Transport Departments.
2. At least 15 days before the expiration of tourist
car signboards, business units shall send a dossier of application for re-grant
of signboards to competent stale management agencies. Procedures for re-grant
of tourist car signboards arc similar to those for first-time grant.
3. Funds for organization of training courses, grant
of certificates and grant and re-grant of signboards comply with current
regulations.
Article 10.
Responsibilities of provincial-level Culture. Sports and Tourism Departments
1. In October every year, to send statistics on the
number of cars which have been granted tourist transportation eligibility
certificates and reports on tourist transportation business results of business
units operating in their respective localities to the Vietnam National
Administration of Tourism for summarization and reporting to the Ministry of
Culture, Sports and Tourism;
2. Twice a year (in May and October), to send
statistics on the organization of tourism training courses for drivers and
attendants of tourist cars to provincial-level Transport Departments for
coordinated management.
3. Once a year, to coordinate with provincial-level
Transport Departments and functional agencies in inspecting tourist
transportation business activities (excluding cases of unexpected inspection)
and send reports on inspection results to the Vietnam National Administration
of Tourism and the Vietnam Road Administration for summarization and reporting
to the Ministry of Culture, Sports and Tourism and the Ministry Transport.
Article 11.
Responsibilities of provincial-level Transport Departments
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2. In October every year, to send statistics on the
number of cars which have been granted tourist transportation car signboards
and reports on the grant of tourist transportation car signboards to the
Vietnam Road Administration for summarization and reporting the Ministry of
Transport.
3. Twice a year (in May and October), to send
statistics on the number of cars which have been granted tourist transportation
car signboards to provincial-level Culture, Sports and Tourism Departments for
coordinated management.
4. To coordinate with provincial-level Culture,
Sports and Tourism Departments in inspecting tourism transportation business
activities.
Article 12.
Effect
1. This Circular takes effect 45 days from the date
of its signing.
2. The Vietnam National Administration of Tourism
(the Ministry of Culture, Sports and Tourism) and the Vietnam Road
Administration (the Ministry of Transport) shall, within the ambit of their
functions and tasks, direct, guide and jointly inspect the implementation of
this Circular.
3. Any problems arising in the process of
implementation of this Circular should be reported to the Ministry of Culture,
Sports and Tourism and the Ministry of Transport for study and settlement.
(All appendices to this Circular are not printed
herein)
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FOR THE MINISTER OF TRANSPORT
DEPUTY MINISTER
Le Manh Hung