Circular No. 04/2024/TT-BVHTTDL amends and supplements some articles of Circular No. 06/2017/TT-BVHTTDL dated December 15, 2017, issued by the Minister of Culture, Sports and Tourism detailing certain provisions of the Tourism Law and Circular No. 13/2019/TT-BVHTTDL dated November 25, 2019, issued by the Minister of Culture, Sports and Tourism amending and supplementing some articles of Circular No. 06/2017/TT-BVHTTDL dated December 15, 2017, issued by the Ministry of Culture, Sports and Tourism detailing certain provisions of the Tourism Law.

CIRCULAR

Amending and supplementing certain articles of Circular No. 06/2017/TT-BVHTTDL dated December 15, 2017, issued by the Minister of Culture, Sports and Tourism detailing certain provisions of the Tourism Law, and Circular No. 13/2019/TT-BVHTTDL dated November 25, 2019, issued by the Minister of Culture, Sports and Tourism amending and supplementing certain articles of Circular No. 06/2017/TT-BVHTTDL dated December 15, 2017, issued by the Minister of Culture, Sports and Tourism detailing certain provisions of the Tourism Law.

Pursuant to the Tourism Law dated June 19, 2017;

Pursuant to the Law on Legislative Regulatory Documents dated June 22, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Legislative Regulatory Documents dated June 18, 2020;

Pursuant to Decree No. 01/2023/NĐ-CP dated January 16, 2023 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

Based on the proposal of the Director of the National Tourism Administration of Vietnam;

The Minister of Culture, Sports and Tourism issues this Circular to amend and supplement certain articles of Circular No. 06/2017/TT-BVHTTDL dated December 15, 2017, issued by the Minister of Culture, Sports and Tourism detailing certain provisions of the Tourism Law, and Circular No. 13/2019/TT-BVHTTDL dated November 25, 2019, issued by the Minister of Culture, Sports and Tourism amending and supplementing certain articles of Circular No. 06/2017/TT-BVHTTDL dated December 15, 2017, issued by the Minister of Culture, Sports and Tourism detailing certain provisions of the Tourism Law.

Article 1. Amending and supplementing certain articles of Circular No. 06/2017/TT-BVHTTDL amended and supplemented by Circular No. 13/2019/TT-BVHTTDL.

1. Amending and supplementing Clause 3, Article 3 of Circular No. 06/2017/TT-BVHTTDL as follows:

"3. Diplomas issued by foreign educational institutions must be recognized in accordance with the laws on education, higher education, and vocational training."

2. Amending and supplementing Article 13 of Circular No. 06/2017/TT-BVHTTDL amended and supplemented at Point c, Clause 2, Article 59 of the Tourism Law, and at Point 10, Clause 1, Article 1 of Circular No. 13/2019/TT-BVHTTDL as follows:

"Article 13. Foreign language proficiency standards for international tour guides

1. A person who meets the foreign language proficiency requirements specified in Point c, Clause 2, Article 59 of the Tourism Law shall satisfy one of the following criteria:

a) Hold a diploma from a college or higher in a foreign language or foreign languages program, a foreign language interpretation program, or a foreign language teaching program;

b) Hold a diploma from a college or higher in a program taught in a foreign language. In cases where the diploma or its appendix does not indicate the language of instruction, additional documentation proving the language used for instruction must be provided;

c) Hold a diploma from a college or higher from abroad in a program taught in the official language of the host country. In cases where the instruction was conducted in a language other than the official language of the host country, and the diploma or its appendix does not indicate the language of instruction, additional documentation proving the language used for instruction must be provided;

d) Possess one of the valid foreign language certificates issued by authorized organizations or agencies, including: foreign language certificates at level 4 or above according to the 6-level Vietnamese Foreign Language Proficiency Framework; foreign language proficiency certificates from other countries equivalent to level 4 or above according to the 6-level Vietnamese Foreign Language Proficiency Framework or equivalent to level B2 or above according to the Common European Framework of Reference for Languages, or meeting the requirements stipulated in Appendix I attached to this Circular.

2. Diplomas issued by foreign educational institutions must be recognized in accordance with the laws on education, higher education, and vocational training."

Article 2. Replace phrases, remove phrases at points, clauses, articles of Circular No. 06/2017/TT-BVHTTDL and Circular No. 13/2019/TT-BVHTTDL; abolish some points of Circular No. 06/2017/TT-BVHTTDL and replace some forms and Appendices attached to Circular No. 06/2017/TT-BVHTTDL and Circular No. 13/2019/TT-BVHTTDL.

1. Replace the following phrases:

a) Replace the phrase "National Tourism Administration" with the phrase "Vietnam National Tourism Administration" at point a and point đ clause 2, name clause 3 Article 5; point a and point đ clause 2, name clause 3 Article 15 and Article 21 of Circular No. 06/2017/TT-BVHTTDL; clause 2 Article 2 of Circular No. 06/2017/TT-BVHTTDL amended and supplemented at point a clause 5 Article 2 of Circular No. 13/2019/TT-BVHTTDL; point d clause 2 Article 5 of Circular No. 06/2017/TT-BVHTTDL amended and supplemented at clause 5 Article 1 of Circular No. 13/2019/TT-BVHTTDL; point d clause 3 Article 5 of Circular No. 06/2017/TT-BVHTTDL added at clause 7 Article 1 of Circular No. 13/2019/TT-BVHTTDL; point d clause 2 Article 15 of Circular No. 06/2017/TT-BVHTTDL amended and supplemented at clause 14 Article 1 of Circular No. 13/2019/TT-BVHTTDL; point d clause 3 Article 15 of Circular No. 06/2017/TT-BVHTTDL added at clause 16 Article 1 of Circular No. 13/2019/TT-BVHTTDL; part Salutation and Request of form number 03 Appendix II attached to Circular No. 06/2017/TT-BVHTTDL; part Guidance on Recording of form number 07 Appendix II attached to Circular No. 06/2017/TT-BVHTTDL amended and supplemented at point c clause 5 Article 2 of Circular No. 13/2019/TT-BVHTTDL;

b) Replace the phrase "issue license plate" with the phrase "recognize facility" at point k clause 2 Article 18 of Circular No. 06/2017/TT-BVHTTDL and form number 10 Appendix II attached to Circular No. 06/2017/TT-BVHTTDL amended and supplemented at point b clause 5 Article 2 of Circular No. 13/2019/TT-BVHTTDL;

c) Replace the phrase "Director of the National Tourism Administration" with the phrase "Director of Vietnam National Tourism Administration" at Article 3 of Circular No. 13/2019/TT-BVHTTDL.

2. Remove the following phrases:

a) Remove the phrase "Department of Culture, Sports and Tourism" at clause 2 Article 2 of Circular No. 06/2017/TT-BVHTTDL amended and supplemented at point a clause 5 Article 2 of Circular No. 13/2019/TT-BVHTTDL; clause 2 Article 17 of Circular No. 06/2017/TT-BVHTTDL amended and supplemented at clause 18 Article 1 of Circular No. 13/2019/TT-BVHTTDL and clause 3 Article 17 of Circular No. 06/2017/TT-BVHTTDL amended and supplemented at point a clause 5 Article 2 of Circular No. 13/2019/TT-BVHTTDL; forms number 01, 02 and 10 Appendix II attached to Circular No. 06/2017/TT-BVHTTDL amended and supplemented at point b clause 5 Article 2 of Circular No. 13/2019/TT-BVHTTDL; part Guidance on Recording form number 07 Appendix II attached to Circular No. 06/2017/TT-BVHTTDL amended and supplemented at point c clause 5 Article 2 of Circular No. 13/2019/TT-BVHTTDL and Article 3 of Circular No. 13/2019/TT-BVHTTDL;

b) Remove the phrase "Certificate" at clause 1 Article 18 of Circular No. 06/2017/TT-BVHTTDL.

3. Replace and abolish the following points, forms and Appendices:

a) Replace Appendix I attached to Circular No. 06/2017/TT-BVHTTDL replaced by Appendix I attached to Circular No. 13/2019/TT-BVHTTDL by Appendix I attached to this Circular;

b) Replace form number 11 Appendix II attached to Circular No. 06/2017/TT-BVHTTDL replaced by Appendix II attached to Circular No. 13/TT-BVHTTDL by form number 04 Appendix II attached to this Circular;

c) Replace form number 12 Appendix II attached to Circular No. 06/2017/TT-BVHTTDL replaced by Appendix III attached to Circular No. 13/2019/TT-BVHTTDL by form number 05 Appendix II attached to this Circular;

d) Replace form number 03 Appendix III attached to Circular No. 06/2017/TT-BVHTTDL replaced by Appendix IV attached to Circular No. 13/2019/TT-BVHTTDL by form number 09 Appendix II attached to this Circular;

đ) Replace forms number 04, 05, 06 and 13 Appendix II attached to Circular No. 06/2017/TT-BVHTTDL amended and supplemented at clause 5 Article 2 of Circular No. 13/2019/TT-BVHTTDL by forms number 01, 02, 03 and 06 Appendix II attached to this Circular;

e) Replace forms number 01 and 02 Appendix III attached to Circular No. 06/2017/TT-BVHTTDL amended and supplemented at clause 5 and clause 7 Article 2 of Circular No. 13/2019/TT-BVHTTDL by forms number 07 and 08 Appendix II attached to this Circular;

g) Replace forms number 01, 02, 04 and 05 Appendix IV attached to Circular No. 06/2017/TT-BVHTTDL by forms number 10, 11, 13 and 14 Appendix II attached to this Circular;

h) Replace form number 03 Appendix IV attached to Circular No. 06/2017/TT-BVHTTDL amended and supplemented at point đ clause 5 Article 2 of Circular No. 13/2019/TT-BVHTTDL by form number 12 Appendix II attached to this Circular;

i) Replace forms number 01 and 02 Appendix V attached to Circular No. 06/2017/TT-BVHTTDL amended and supplemented at points a, b and c clause 5 Article 2 of Circular No. 13/2019/TT-BVHTTDL by forms number 15 and 16 Appendix II attached to this Circular;

k) Abolish point h and point i clause 2 Article 18 of Circular No. 06/2017/TT-BVHTTDL; abolish forms number 08 and 09 Appendix II attached to Circular No. 06/2017/TT-BVHTTDL amended and supplemented at point c clause 5 Article 2 of Circular No. 13/2019/TT-BVHTTDL.

Article 3. Implementation Provisions

1. This Circular takes effect from August 20, 2024.

2. Transitional provisions:

a) Domestic travel agency business licenses, international travel agency business licenses; tour guide cards; domestic tour operation certificate, international tour operation certificate; domestic tour guide certificate, international tour guide certificate issued before the effective date of this Circular shall continue to be used in accordance with regulations;

b) Domestic tour guide cards; international tour guide cards; recognition plates for accommodation facilities; standard service plates for other tourism service businesses; certificates of knowledge update courses for tour guides issued before the effective date of this Circular shall continue to be used until the expiration date on the domestic tour guide card, international tour guide card; decisions recognizing accommodation facility grades; decisions recognizing other tourism service businesses meeting the standard service requirements or the validity period specified for certificates of knowledge update courses for tour guides.

c) For those administrative procedure files submitted to competent state agencies before the date this Circular takes effect, which are governed by the forms specified in the replaced annexes, shall continue to be processed according to the current legal provisions.

3. Upon completion of the connection to the National Population Database, civil servants and officials responsible for receiving and processing administrative procedures in the tourism sector may access citizens' gender information from the National Population Database without requiring citizens to provide such information.