Joint Circular No. 02/2016/TTLT-BGTVT-BVHTTDL guiding the issuance of identification signs for inland waterway vessels transporting tourist passengers

JOINT CIRCULAR

Guidelines for issuing identification signs for inland waterway vessels transporting touristsfor tourist transportation

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Pursuant to the Law on Inland Waterway Transport dated June 15, 2004; the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport dated June 17, 2014;

Pursuant to the Tourism Law No. 44/2005/QH11 dated June 14, 2005;

Pursuant to the Government Decree No. 92/2007/NĐ-CP dated June 1, 2007 detailing certain provisions of the Tourism Law; and the Government Decree No. 180/2013/NĐ-CP dated November 14, 2013 amending and supplementing certain articles of the Government Decree No. 92/2007/NĐ-CP dated June 1, 2007 detailing certain provisions of the Tourism Law; Pursuant to the Government Decree No. 110/2014/NĐ-CP dated November 20, 2014 on business conditions for inland waterway transport;

Pursuant to the Government Decree No. 76/2013/NĐ-CP dated July 16, 2013 on the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism The Minister of Transport and the Minister of Culture, Sports and Tourism

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

issue this Circular guiding the issuance of identification signs for inland waterway vessels transporting tourists.;

This Circular guides the issuance of identification signs for inland waterway vessels transporting tourists. This Circular applies to businesses engaged in tourist transportation using inland waterway vessels (hereinafter referred to as waterway vessels) and other related organizations and individuals.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

ISSUING IDENTIFICATION SIGNS FOR INLAND WATERWAY VESSELS TRANSPORTING TOURISTS

Article 2. Applicability

TOURISTS

Chapter II

TOURISMArticle 3. Identification signs, validity period of identification signs for inland waterway vessels transporting tourists

1. Identification signs for inland waterway vessels transporting tourists shall be issued by provincial Departments of Transport to waterway vessels of businesses engaged in tourist transportation. 2. The validity period of the identification sign for inland waterway vessels transporting tourists is five years from the date of issuance and shall not exceed the service life of the vessel.

3. The model of the identification sign is specified in Appendix I of this Circular.

Article 4. Training in tourism operations

1. The training content includes: Overview of Vietnamese and local tourism, knowledge of reception and communication culture, behavior and customs, psychology and traditions of tourists, English language skills as prescribed in Appendix II of this Circular.

2. Training participants: Vessel operators and service staff.

3. Training duration: In accordance with the training program for tourism operations as prescribed in Appendix II of this Circular.

4. The certificate of training in tourism operations has a validity period of ten years.

5. Training organization

a) The Department of Culture, Sports and Tourism (Tourism Department) organizes training and issues certificates of training in tourism operations to those who have completed the training program according to the model prescribed in Appendix III of this Circular;

b) Within three working days from the completion of the training program, the Department of Culture, Sports and Tourism (Tourism Department) is responsible for sending the certificate of training in tourism operations (directly or through postal services) to those who have completed the training program.

6. Vessel operators and service staff holding a certificate of tour guide or a tour guide card are exempted from training in tourism operations as prescribed in this Circular.

Documents, procedures for issuing and reissuing identification signs for inland waterway vessels transporting tourists

1. Documents for issuing identification signs include:

Article 5. a) A request for issuing an identification sign for an inland waterway vessel according to the model prescribed in Appendix IV of this Circular;b) One copy (with the original for verification) or one certified copy: Certificate of registration of inland waterway vessel still valid; certificate of technical safety and environmental protection of the vessel still valid;

c) One copy (with the original for verification) or one certified copy: Certificate of training in tourism operations of the operator and service staff on inland waterway vessels transporting tourists still valid or certificate of tour guide, tour guide card.

2. Procedure for issuing identification signs

a) Businesses engaged in tourist transportation submit one set of documents as prescribed in Clause 1 of this Article directly or through postal services or other appropriate forms as prescribed by law to the Department of Transport where the business headquarters or branch is located;

b) In case of direct submission, if the documents are complete, a receipt will be issued and a result delivery date will be scheduled within the prescribed time limit; if the documents are incomplete, they will be returned immediately and the business will be instructed to complete the documents;

c) In case of submission through postal services or other appropriate forms, if the documents are incomplete within two working days from the date of receipt, the Department of Transport will send a letter to the business specifying the reasons and requesting supplementary and completion of the documents;

d) Within three working days from the date of receiving complete documents, the Department of Transport that received the documents will send a letter (with one set of documents as prescribed in Clause 1 of this Article) to the Department of Culture, Sports and Tourism (Tourism Department) in the area for comments;

đ) Within five working days from the date of receiving the letter requesting comments, the Department of Culture, Sports and Tourism (Tourism Department) will reply. If there is no reply within the prescribed time limit, it is considered that the Department of Culture, Sports and Tourism (Tourism Department) agrees to issue the identification sign for the inland waterway vessel transporting tourists as requested by the business;

e) Within two working days from the date of receiving the reply from the Department of Culture, Sports and Tourism (Tourism Department) or from the end of the time limit for seeking comments, the Department of Transport will issue the identification sign for the inland waterway vessel transporting tourists. The results of issuing the identification sign will be delivered directly at the Department of Transport or through postal services.

3. For expired identification signs, businesses engaged in tourist transportation must apply for reissue at least ten days before the expiration date. The documents and procedures are carried out as prescribed in Clauses 1 and 2 of this Article.

d) Within five working days from the date of receipt of the document seeking comments, the Department of Culture, Sports and Tourism (Tourism Department) shall issue a response document. In the absence of a response document within the prescribed time limit, it shall be deemed that the Department of Culture, Sports and Tourism (Tourism Department) agrees to issue the identification sign for tourist passenger watercraft as requested by the transport business entity.

e) Within two working days from the date of receipt of the response document from the Department of Culture, Sports and Tourism (Tourism Department) or from the expiration date of the prescribed time limit for soliciting comments, the Department of Transport shall issue the identification sign for tourist passenger watercraft. The issuance of the identification sign shall be conducted directly at the Department of Transport or through postal services.

3. For expired identification signs, the tourist passenger transport business entity shall request a reissue at least ten days before the expiry date. The file components and procedures shall be carried out in accordance with the provisions of Clause 1 and Clause 2 of this Article.

4. In the event that the signboard is lost or damaged and cannot be used, the tourist passenger waterway transport business unit shall submit the Application for Reissuing the Tourist Passenger Waterway Transport Vehicle Signboard according to the model prescribed in Appendix IV of this Joint Circular directly or through postal services or other appropriate means to the Department of Transportation. Within two working days from the date of receipt of the application from the tourist passenger transport business unit, the Department of Transportation shall reissue the signboard for the tourist passenger waterway transport vehicle. The validity period of the reissued signboard shall be calculated based on the remaining validity period of the lost or damaged signboard.

Article 6. Revocation of the signboard for tourist passenger waterway transport vehicles

1. The tourist passenger waterway transport business unit shall have its signboard revoked in the following cases:

a) The tourist passenger waterway transport vehicle involved in a traffic accident and no longer meets technical conditions, or the technical safety and environmental protection certificate of the vehicle has been revoked;

b) Lending out the signboard of the tourist passenger waterway transport vehicle that has been issued.

2. The tourist passenger waterway transport business unit shall return the signboard of the tourist passenger waterway transport vehicle upon receiving the revocation notice from the Department of Transportation as stipulated in point a and point b, Clause 1 of this Article (except in cases of loss).

3. The Department of Transportation where the signboard of the tourist passenger waterway transport vehicle is revoked shall notify the Department of Culture, Sports and Tourism (Tourism Department) about the revocation of the signboard.

Chapter III

RESPONSIBILITIES OF THE TOURIST PASSENGER WATERWAY TRANSPORT BUSINESS UNITS AND STATE MANAGEMENT AUTHORITIES

Article 7. Tourist passenger waterway transport business units

1. Must affix the signboard of the tourist passenger waterway transport vehicle in a visible location on the vehicle. Do not use the signboard of this vehicle to affix it to another vehicle.

2. Arrange and organize for the driver and service staff on the tourist passenger waterway transport vehicle to participate in tourism vocational training as prescribed. Use drivers and service staff on the tourist passenger waterway transport vehicle who have undergone tourism vocational training.

Article 8. Vietnam Inland Waterways Administration

1. Manage the operation of tourist passenger waterway transport by inland waterway vessels nationwide within its authority.

2. Inspect, supervise and handle violations related to tourist passenger waterway transport business operations according to its authority as prescribed by law.

Article 9. Vietnam National Administration of Tourism

1. Supervise and monitor the training and issuance of the Training Certificate for Tourism Vocational Skills for drivers and service staff on tourist passenger waterway transport vehicles.

2. Coordinate with Vietnam Inland Waterways Administration to inspect and handle violations related to tourist passenger waterway transport operations according to its authority as prescribed by law.

Article 10. Department of Transportation

1. Manage the operation of tourist passenger waterway transport by vessel within the local area according to its authority.

2. Annually at the end of December, submit statistical reports on the number of vessels that have been issued tourist passenger waterway transport vehicle signboards to the Department of Culture, Sports and Tourism (Tourism Department) for coordinated management.

3. Print, manage, and issue signboards for tourist passenger waterway transport vehicles according to regulations.

4. Take the lead and coordinate with the Department of Culture, Sports and Tourism (Tourism Department) to conduct inspections of tourist passenger waterway transport activities within the local area, and report the inspection results to Vietnam Inland Waterways Administration for consolidation and reporting to the Ministry of Transport.

5. Take the lead and coordinate with the Department of Culture, Sports and Tourism (Tourism Department) to determine pick-up and drop-off points for tourist passenger waterway transport vehicles at ports, inland waterway terminals, tourist areas, and tourist sites, and tourist accommodation facilities that have been licensed to operate within the local area.

   Article 11. Department of Culture, Sports and Tourism (Tourism Department)

1. Organize training and issue the Training Certificate for Tourism Vocational Skills for drivers and service staff on tourist passenger waterway transport vehicles.

2. Compile and distribute materials and programs for training tourism vocational skills for drivers and service staff on tourist passenger waterway transport vehicles according to the program framework prescribed in Appendix IV of this Joint Circular.

3. Provide information on tourist attractions and tourist accommodation facilities and coordinate with the Department of Transportation to determine pick-up and drop-off points for tourist passenger waterway transport vehicles along inland waterway routes, at ports, inland waterway terminals, tourist areas, and tourist sites, and tourist accommodation facilities within the local area, and submit them to the provincial People's Committee for approval.

4. Coordinate with the Department of Transportation and relevant agencies to inspect tourist passenger waterway transport activities within the local area, and report the inspection results to the Vietnam National Administration of Tourism for consolidation and reporting to the Ministry of Culture, Sports and Tourism.

Chapter IV

IMPLEMENTATION

Article 12. Reporting System

1. Annually in June and December, tourist passenger waterway transport business units must report the number of tourists transported and circulated to the Department of Transportation and the Department of Culture, Sports and Tourism (Tourism Department) according to the model prescribed in Appendix V of this Joint Circular.

2. Annually in January, the Department of Transportation and the Department of Culture, Sports and Tourism (Tourism Department) must report the situation of tourist passenger waterway transport business operations and the results of issuing signboards for tourist passenger waterway transport vehicles in their locality to Vietnam Inland Waterways Administration and the Vietnam National Administration of Tourism according to the model prescribed in Appendix VI of this Joint Circular for consolidation and reporting to the Ministry of Transport and the Ministry of Culture, Sports and Tourism in February each year.

Article 13Responsibility for Implementation

This Joint Circular takes effect from May 15, 2016.

Article 14Implementation Organization

1. The competent authorities with jurisdiction under the Ministry of Transport and the Ministry of Culture, Sports and Tourism; Departments of Transport, Departments of Culture, Sports and Tourism (Tourism Departments) of provinces and centrally governed cities, and related organizations and individuals shall be responsible for implementing this Joint Circular.

2. The Vietnam Inland Waterways Administration and the Tourism General Department shall be responsible for monitoring and inspecting the implementation of the provisions of this Joint Circular./.