Joint Circular No. 06/2009/TTLT-BCA-BVHTTDL guiding the coordination of national security protection and social order and safety work in tourism activities

JOINT CIRCULAR

Guidelines for Coordinating Work on National Security and Public Order and Social Safety in Tourism Activities

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Pursuant to the Law on People's Police Force 2005 and Decree No. 43/2007/NĐ-CP dated March 26, 2007 of the Government detailing and guiding the implementation of certain provisions of the Law on People's Police Force;

Pursuant to the Law on Tourism 2005 and Decree No. 92/2007/NĐ-CP dated June 1, 2007 detailing and guiding the implementation of certain provisions of the Law on Tourism;

Pursuant to Decree No. 136/2003/NĐ-CP dated November 14, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Based on Decree No. 185/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

To strengthen work on protecting national security and maintaining public order and social safety (hereinafter referred to as ensuring security and order) in tourism activities, the Ministry of Public Security and the Ministry of Culture, Sports and Tourism hereby jointly issue the following guidelines:

I. GENERAL PROVISIONS

This Circular applies to units under the Ministry of Education and Training; departments of education and training, education and training divisions; preschool education institutions, general education institutions, regular education institutions, teacher training colleges, college of education, universities, universities, academies, other educational institutions, and related organizations and individuals (hereinafter referred to collectively as agencies and units).

a. Scope of Regulation:

This Circular stipulates the contents and measures for coordinating work between the two sectors of Public Security and Tourism to ensure security and order in tourism activities.

b. Applicability:

Public Security agencies at all levels from central to local; state management agencies for tourism at central and local levels; organizations and individuals participating in tourism activities.

2. Principles of Coordination

a. Ensuring security and order in tourism operations and business is the responsibility of all levels, sectors, organizations, and related individuals, with the Ministry of Public Security and the Ministry of Culture, Sports and Tourism being the core.

b. Based on their functions and responsibilities, the Public Security sector and the Tourism sector have the duty to coordinate in resolving issues related to them, creating conditions to promote tourism development while ensuring security and order.

c. The coordination work between the two sectors must be unified from central to local levels according to the functions, tasks, and powers of each sector; when handling and resolving issues carried out through coordination, there must be exchanges and consensus before making decisions.

II. SPECIFIC PROVISIONS

1. Responsibilities of the Ministry of Public Security

a. The Ministry of Public Security shall consult with the Ministry of Culture, Sports and Tourism before issuing or submitting to competent authorities for issuance normative legal documents on security and order related to tourism activities.

b. Advise and guide tourism agencies and enterprises on the content and form of launching mass movements to protect national security; establish regulations and internal rules for protecting agencies; preventive work against crime, protection of state secrets; consolidate and improve organizational structures, train staff for agency and enterprise security forces and other relevant regulations and activities concerning security and order.

c. Timely provide information about the plots and methods of operation of hostile forces and criminals exploiting tourism to infringe upon security and order, contributing to raising vigilance and sense of responsibility among tourism sector cadres and employees in the cause of national security protection.

d. Announce new policies and regulations on security and order related to tourism activities; specific areas where tourists are not allowed to visit; key defense and security areas that require consultation with the Public Security sector before opening new tourist routes to these areas. Provide information on the number and nationality of inbound and outbound tourists to Vietnam and related tourism activities; participate in discussions and coordinate in resolving issues related to security and order management as requested by the Ministry of Culture, Sports and Tourism. Proactively exchange with the Ministry of Culture, Sports and Tourism regarding organizations and individuals both within and outside the country engaged in tourism activities that violate or show signs of violating Vietnamese laws when necessary and effective experiences and methods of other countries in securing security and order for tourism activities.

e. Guide and create conditions for organizations and individuals engaged in tourism business and tourists to comply with regulations on exit, entry, transit, residence, and travel within Vietnam and other relevant security and order regulations.

f. Investigate and handle violations of law related to tourism activities according to the law; closely cooperate with agencies and organizations under the Ministry of Culture, Sports and Tourism in state management work on security in tourism activities.

g. Public Security units proactively develop plans and implement operational measures in tourist areas and locations to ensure security and order for business activities and tourists in their respective jurisdictions.

2. Responsibilities of the Ministry of Culture, Sports and Tourism

a. The Ministry of Culture, Sports and Tourism shall consult with the Ministry of Public Security before issuing, deciding, or submitting to competent authorities for issuance or decision:

- Normative legal documents on tourism related to security and order.

- Comprehensive planning for tourism development nationwide and in key regions (by region and territory).

- Participate in signing international treaties on tourism related to security and order.

- Opening new tourist routes and points in key security and defense areas; new types of tourism related to security and order.

b. Closely cooperate with the Ministry of Public Security in ensuring security and order, protecting the environment, lives, property, rights, and legitimate interests of foreign tourists and Vietnamese tourism agencies and enterprises; in investigating and handling cases of violation of law involving organizations and individuals participating in tourism activities as prescribed by law.

c. Direct, inspect, urge, and guide tourism agencies and enterprises to implement normative legal documents on tourism related to security and order and organize periodic reviews and evaluations. Direct tourism agencies and enterprises to actively cooperate with Public Security agencies in implementing preventive and combat activities against criminal acts exploiting tourism to infringe upon security and order.

d. Coordinate to organize propaganda and legal education, enhance awareness, responsibility, vigilance in security and public order work for organizations and individuals participating in tourism activities.

đ. Regularly inform the Ministry of Public Security about the requests and recommendations of tourism business units and tourists related to the functions and tasks of the Public Security sector.

e. Strengthen coordination with the Public Security sector in inspection and supervision work to effectively perform state management functions over tourism activities and businesses.

3. Responsibilities of organizations and individuals participating in tourism activities and businesses

a. Adhere to, disseminate, and guide tourists to comply with laws and state regulations on security, public order, environmental protection, preservation of cultural identity and traditional customs.

b. Manage tourists according to contracts and travel programs signed. Closely cooperate with public security agencies in detecting and resolving complex issues arising related to tourists. Promptly provide information to public security agencies if tourists exhibit signs of violating Vietnamese laws.

c. Timely detect and provide relevant information and materials concerning activities that infringe upon security and public order to public security agencies. Have the responsibility to closely coordinate with public security agencies in addressing issues related to security and public order.

d. The head of tourism agencies and enterprises shall be fully responsible for their own agencies and enterprises regarding internal protection, asset protection, maintaining security and public order, fire prevention, protecting state secrets, building safe agencies and enterprises. Mobilize the whole people to protect national security, organize and direct protective forces within agencies and enterprises, establish protective rules and regulations and other provisions related to security and public order.

đ. In case of terrorist attacks, sabotage, fires, loss of documents, distribution of leaflets, slogans, electronic mail with content opposing the state, infringement of property, causing disorder and insecurity in agencies and enterprises... Depending on specific circumstances, the head of the agency or enterprise, after taking initial emergency measures, shall be responsible for directing the protection of the scene and promptly informing the public security agency to conduct investigations and handle the situation according to their functions.

III. IMPLEMENTATION

1. This Circular takes effect 45 days from the date of signature, replacing Circular No. 767/LB-NV-DL dated September 8, 1993 of the former Ministry of Home Affairs (now the Ministry of Public Security) and the General Department of Tourism on cooperation in national security and social order protection work in tourism activities and businesses.

2. The Ministry of Public Security assigns the General Department of Security; the Ministry of Culture, Sports and Tourism assigns the General Department of Tourism as the lead agency to organize and implement this Circular, guide its implementation, and annually review and evaluate the situation and results of its implementation.

During the implementation of this Circular, if there are any difficulties or need for guidance and explanation, please report to the Ministry of Public Security and the Ministry of Culture, Sports and Tourism for timely clarification and guidance./.