Circular No. 06/2017/TT-BVHTTDL provides detailed regulations on certain provisions of the Tourism Law.

CIRCULAR

DETAILING CERTAIN PROVISIONS OF THE TOURISM LAW

Pursuant to the Tourism Law dated June 19, 2017;

Pursuant to Decree No. 79/2017/NĐ-CP dated July 17, 2017 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourismshalla, Sports and Tourism;

At the proposal of the Director General of the Vietnam National Administration of Tourism;

The Minister of Culture, Sports and Tourism issues this Circular detailing certain provisions of the Tourism Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details certain provisions of the Tourism Law regarding the person responsible for operating travel services; content of training, organization of examinations, and issuance of certificates for domestic tourism management and international tourism management vocational qualifications; procedures and formalities for revoking travel service business licenses; standards for issuing signs indicating compliance with tourist service quality criteria for other tourism service businesses; language proficiency standards; content of training, organization of examinations, and issuance of certificates for tour guide vocational qualifications; content of on-site inspection of tour guide vocational qualifications; refresher courses for domestic tour guides and international tour guides; application forms, notification letters, minutes; travel service business licenses, tour guide cards; certificates, certificates of recognition, and signs in the field of tourism.

Article 2. Applicability

1. Vietnamese agencies, organizations, individuals, foreign organizations, and individuals engaged in tourism activities within the territory of Vietnam.

3. Organizations and individuals involved in activities related to tourism.

Chapter II

OPERATING TRAVEL SERVICES

1. The person responsible for operating travel services is one who holds one of the following positions: chairman of the board of directors; chairman of the board of members; company chairman; private business owner; general manager; director or deputy director; head of the travel service operations department.

a) Tourism and travel service management;

b) Travel management;

c) Tour operation management;

d) Tourism marketing;

đ) Tourism;

e) Tourism travel;

g) Tourism management and business.

Article 4. Content of Training for Tourism Management Vocational Qualifications

1. The content of training for domestic tourism management vocational qualifications includes:

a) Basic industry knowledge: Vietnam's political system; laws and regulations related to tourism; overview of tourism; tourism marketing; tourist psychology and communication skills;

b) Specialized knowledge and tourism management vocational qualifications: overview of travel service business enterprises; tourism market and tourism products; product design and pricing of tourism programs; Vietnamese tourist areas and attractions; tourism management vocational qualifications; sales and customer care; marketing and communications; domestic air transport procedures; information technology applications in management and enterprise development;

c) Practical training for domestic tourism management vocational qualifications.

2. The content of training for international tourism management vocational qualifications includes:

a) Basic industry knowledge: Vietnam's political system; laws and regulations related to tourism; overview of tourism; tourism marketing; tourist psychology and communication skills; international cultural exchange;

b) Specialized knowledge and tourism management vocational qualifications: overview of travel service business enterprises; tourism market and tourism products; product design and pricing of tourism programs; Vietnamese tourist areas and attractions; tourism management vocational qualifications; sales and customer care; marketing and communications; international currency and payment in tourism; entry and exit procedures; domestic and international air transport procedures; information technology applications in management and enterprise development;

c) Practical training for international tourism management vocational qualifications.

1. Training institutions that meet the following criteria shall organize examinations and issue tourism management business certificates:

c) They do not violate regulations on organizing examinations and issuing tourism management business certificates within three years from the date the training institution organizes the examination period.

2. Training institutions shall be responsible for:

c) Storing candidate files, examination papers, examination results, and related documents according to legal provisions;

Article 6. Procedures and Formalities for Revoking Travel Service Business Licenses in Cases Where Enterprises Cease Operations, Dissolve, or Go Bankrupt

1. Documents for Requesting Termination of Travel Service Business Operations:

a) In cases where enterprises voluntarily cease travel service operations, the documents include: notification of termination of travel service business operations; the issued travel service business license;

b) In cases where enterprises dissolve or are dissolved, the documents include: notification of termination of travel service business operations; the issued travel service business license; Resolution of Dissolution, minutes of the enterprise meeting in cases of dissolution as prescribed in Points a, b, and c, Clause 1, Article 201 of the Enterprise Law; Resolution of Withdrawal of Enterprise Registration Certificate or Resolution of Dissolution by the Court in cases of dissolution as prescribed in Point d, Clause 1, Article 201 of the Enterprise Law;

c) In cases where enterprises go bankrupt, the documents include: court decision on initiating bankruptcy proceedings accompanied by the issued travel service business license.

2. Procedures and Formalities for Revoking Travel Service Business Licenses:

a) Enterprises submit the documents requesting termination of travel service business operations to the licensing authority;

b) Within five working days from the date of receiving valid documents, the licensing authority issues a decision to revoke the travel service business license. The revocation decision is sent to the enterprise, immigration authorities, tax authorities, provincial registration authorities where the enterprise's headquarters is located, and announced on the licensing authority's electronic information portal and the travel agency business management website.

3. Refund of Deposit After Revocation of Travel Service Business License:

a) Sixty days after the revocation decision of the travel service business license is published on the licensing authority's electronic information portal and the travel agency business management website, if there are no complaints or accusations related to obligations towards tourists and tourism service providers, the licensing authority sends a letter to the bank allowing the enterprise to withdraw the deposit; if there are complaints or accusations related to the enterprise's obligations towards tourists and tourism service providers, the licensing authority collaborates with relevant competent authorities to resolve them according to legal provisions;

b) In cases where enterprises go bankrupt, the deposit is handled by the court according to the law on bankruptcy.

Article 7. Procedure and formalities for revoking the business license for travel agency services in cases provided for in Points b, c, d, đ, e, g, and h Clause 1, Article 36 of the Tourism Law.

1. Within fifteen days from the date of the inspection or examination conclusion issued by the competent authority, the licensing authority shall issue a decision to revoke the business license for travel agency services; the revocation decision shall be sent to the enterprise, the competent authority conducting the inspection or examination, the state administrative body on immigration, the tax authority, the provincial business registration office where the enterprise's main office is located, and published on the licensing authority’s electronic portal and the website managing travel agency service enterprises.

2. Within thirty days from the date of the revocation decision, the enterprise shall submit a report on the completion of obligations towards tourists and tourism service providers under signed contracts along with the previously issued business license to the licensing authority.

3. After the enterprise fulfills the obligations stipulated in Clause 2 of this Article, the refund of the deposit shall be carried out according to the provisions of Point a, Clause 3, Article 6 of this Circular.

Chapter III

STANDARDS FOR ESTABLISHING SIGNS MEETING THE STANDARDS TO SERVE TOURISTS

Article 8. Standards for retail businesses meeting the standards to serve tourists

1. To have a business registration and ensure business conditions for goods in accordance with the law.

2. To clearly provide information about the origin and quality of goods.

4. Staff must have a civilized and courteous attitude.

5. To have clean restrooms with ventilation and sufficient lighting.

Article 9. Standards for food and beverage service businesses meeting the standards to serve tourists

1. To have a business registration and ensure business conditions for food and beverage services in accordance with the law.

2. The dining room must have adequate lighting; a ventilation system; convenient tables and chairs or seating areas; a dry, clean floor that is not slippery; utensils must be washed and dried; there must be trash bins.

3. To have menus in Vietnamese, English, and other languages (if necessary), accompanied by illustrative images.

4. The kitchen must be well-ventilated, with separate areas for food preparation and cooking; it must have equipment for storing and preparing food.

5. Staff must have a civilized and courteous attitude; they must wear uniforms and name badges.

6. The standards prescribed in Clause 3 and Clause 5 of Article 8 of this Circular.

Article 10. Standards for sports service businesses meeting the standards to serve tourists

1. To have a business registration and ensure business conditions for sports services in accordance with the law.

2. To have rules in Vietnamese, English, and other languages (if necessary); to have reception areas, places to store personal items, and shower rooms for guests.

3. To have facilities and equipment for training and competition; to offer rental services for sports equipment suitable for each sport.

4. To have instructors, service staff, and rescue personnel suitable for each sport.

5. The standards prescribed in Clause 3, Clause 5 of Article 8 and Clause 5 of Article 9 of this Circular.

Article 11. Standards for businesses providing entertainment services to meet tourist service standards

1. Have business registration and ensure business conditions for entertainment services in accordance with the provisions of the law.

2. Have internal regulations; have reception areas and facilities for storing personal belongings.

3. Have appropriate locations, facilities, equipment, and means for each type of entertainment service.

4. Have guides and service staff suitable for each entertainment service.

5. The standards prescribed in Clause 3, Clause 5 of Article 8 and Clause 5 of Article 9 of this Circular.

Article 12. Standards for businesses providing health care services to meet tourist service standards

1. Have business registration and ensure business conditions for health care services in accordance with the provisions of the law.

2. Have reception areas and facilities for storing personal belongings.

3. Have internal regulations and procedures in Vietnamese, English, and other languages (if necessary); have appropriate facilities and equipment for each type of health care service.

4. Have medical personnel, technicians, and service staff suitable for each health care service.

5. The standards prescribed in Clause 3, Clause 5 of Article 8 and Clause 5 of Article 9 of this Circular.

Chapter IV

TOURIST GUIDES

1. A person who is proficient in a foreign language as specified in point c, Clause 2, Article 59 of the Tourism Law shall meet one of the following criteria:

a) Hold a college degree or higher in a foreign language major;

b) Hold a college degree or higher obtained through a foreign language program;

2. Certificates and diplomas issued by foreign training institutions must be recognized according to the regulations of the Ministry of Education and Training and the Ministry of Labor, Invalids, and Social Affairs.

Article 14. Content of professional training for tourist guides

1. The content of professional training for domestic tourist guides includes:

a) Basic industry knowledge: geography of Vietnam; history of Vietnam; culture of Vietnam; Vietnam's political system and related tourism laws;

b) Specialized knowledge and professional skills: overview of tourism; Vietnamese tourist areas and attractions; tourist psychology; communication and behavior skills in guiding; guiding professional skills; travel health;

c) Practice of guiding professional skills;

d) Final internship.

2. The content of professional training for international tourist guides includes:

a) Basic knowledge: geography of Vietnam; history of Vietnam; culture of Vietnam; world civilization history; Vietnam's political system and related tourism laws;

b) Specialized knowledge and professional skills: overview of tourism; Vietnamese tourist areas and attractions; tourist psychology; international cultural exchange; communication and behavior skills in international guiding; guiding professional skills; travel health; immigration, aviation, and accommodation; diplomatic reception.

c) Practice of guiding professional skills;

d) Final internship.

1. Training institutions that meet the following criteria shall organize examinations and issue professional tour guide certificates:

c) They have not violated regulations on organizing examinations and issuing professional tour guide certificates within three years from the date the training institution organizes the examination period.

2. Training institutions shall be responsible for:

c) Storing candidate files, examination papers, examination results, and related documents according to legal provisions;

Article 16. Content of Professional Tour Guide Skills Examination at Points

1. Theoretical knowledge about professional tour guide skills at points:

a) Psychological characteristics of tourists according to market, gender, age groups;

b) Communication skills through speech and body language;

c) Problem-solving skills;

d) Tour guiding process at points and specific tour guiding skills.

2. Knowledge about tourist areas and sites:

a) General overview of the locality;

b) General overview of the development history of tourist areas and sites;

c) Basic characteristics of tourist areas and sites;

d) Comparison of the value of tourist areas and sites in the locality with similar tourist areas and sites.

3. Practical presentation about tourist areas and sites.

Article 17. Update Courses for Domestic and International Tour Guides

1. The content of the update course for domestic and international tour guides, which lasts thirty hours, includes:

a) World tourism situation, trends, and prospects;

b) National economic, political, and social situation;

c) New legal documents related to tourism;

d) State management organizations for tourism;

e) Development of Vietnamese tourism, information on new tourism products, and key tourism products;

f) Measures to ensure security and safety for tourists.

Chapter V

IMPLEMENTING PROVISIONS

Article 18. Appendices

The appendices regarding sample notification forms, application forms; license and card templates; sign templates and various certificate and confirmation templates in the tourism sector are hereby promulgated along with this Circular:

2. Appendix II: Sample application forms, notification forms, and record forms

a) Form No. 01: Application for recognition of tourist sites;

b) Form No. 02: Application for recognition of provincial-level tourist areas;

c) Form No. 03: Application for recognition of national tourist areas;

d) Form No. 04: Application for issuance of travel service operation licenses;

đ) Form No. 05: Application for reissuance or replacement of travel service operation licenses;

e) Form No. 06: Notification of cessation of travel service operations;

g) Form No. 07: Application for recognition of accommodation facility categories in tourism;

l) Form No. 11: Application for issuance of tour guide cards;

m) Form No. 12: Application for replacement or reissuance of tour guide cards;

n) Form No. 13: Registration for attending knowledge update courses for tour guides;

o) Form No. 14: Application for establishment of representative offices in Vietnam of foreign tourism authorities and international regional organizations.

3. Appendix III: Sample Travel Service Operation Licenses and Tour Guide Cards

a) Form No. 01: Domestic Travel Service Operation License;

b) Form No. 02: International Travel Service Operation License;

c) Form No. 03: Tour Guide Card.

4. Appendix IV: Sample Certificates and Certifications

a) Form No. 01: Certificate of domestic tourism management skills;

b) Form No. 02: Certificate of international tourism management skills;

c) Form No. 03: Certificate of completion of knowledge update courses for domestic and international tour guides;

d) Form No. 04: Certificate of domestic tour guiding skills;

đ) Form No. 05: Certificate of international tour guiding skills.

5. Appendix V: Sample Signs

a) Form No. 01: Sign recognizing accommodation facility categories in tourism;

b) Form No. 02: Sign indicating compliance with customer service standards for other tourism service businesses.

Article 19. Effective Date

1. This Circular takes effect from February 1, 2018.

2. From the date this Circular takes effect, the following documents and regulations shall cease to be effective:

a) Circular No. 88/2008/TT-BVHTTDL dated December 31, 2008, issued by the Minister of Culture, Sports and Tourism guiding the implementation of Decree No. 92/2007/NĐ-CP dated June 1, 2007, of the Government detailing certain provisions of the Tourism Law on accommodation services;

b) Circular No. 89/2008/TT-BVHTTDL dated December 31, 2008, issued by the Minister of Culture, Sports and Tourism guiding the implementation of Decree No. 92/2007/NĐ-CP dated June 1, 2007, of the Government detailing certain provisions of the Tourism Law on travel agency business, branches, and representative offices of foreign tourism enterprises in Vietnam, tour guiding, and tourism promotion (hereinafter referred to as Circular No. 89/2008/TT-BVHTTDL);

c) Section VII, Clause 1 and Section VII, Clause 2 of Circular No. 07/2011/TT-BVHTTDL dated June 7, 2011, issued by the Minister of Culture, Sports and Tourism amending, supplementing, replacing, or abolishing relevant administrative procedures within the scope of functions of the Ministry of Culture, Sports and Tourism;

d) Clause 1 of Circular No. 19/2014/TT-BVHTTDL dated December 8, 2014, issued by the Minister of Culture, Sports and Tourism amending and supplementing some clauses of Circular No. 88/2008/TT-BVHTTDL, Circular No. 17/2010/TT-BVHTTDL, and Circular No. 03/2013/TT-BVHTTDL;

đ) Clause 3 of Circular No. 04/2016/TT-BVHTTDL dated June 29, 2016, issued by the Minister of Culture, Sports and Tourism amending and supplementing some clauses of Circular No. 15/2012/TT-BVHTTDL, Circular No. 07/2012/TT-BVHTTDL, Circular No. 88/2008/TT-BVHTTDL, and Circular No. 05/2013/TT-BVHTTDL.

Article 20. Transitional Provisions

1. Periodic training certificates for tour guides issued according to Clause 4, Section III of Circular No. 89/2008/TT-BVHTTDL before January 1, 2018, remain valid until their expiration date as indicated on the certificates for the purpose of issuing tour guide cards.

2. Foreign language proficiency certificates issued by authorized training institutions according to Clause 2, Section III of Circular No. 89/2008/TT-BVHTTDL before January 1, 2018, remain valid until their expiration date as indicated on the certificates for the purpose of issuing international tour guide cards.

3. Tour guiding skills certificates issued according to Clause 2, Section III of Circular No. 89/2008/TT-BVHTTDL before March 31, 2018, remain valid until their expiration date as indicated on the certificates for the purpose of issuing both international and domestic tour guide cards.

4. Businesses providing shopping and dining services that have been granted signs indicating compliance with customer service standards by competent state authorities before the effectiveness of this Circular may continue to use these signs until the expiration date specified in the Decision granting the signs.

1. The Tourism Administration is the advisory body assisting the Minister of Culture, Sports and Tourism in organizing, implementing, and guiding the execution of this Circular.

2. During the implementation of this Circular, if there are any difficulties, they should be reported to the Ministry of Culture, Sports and Tourism (Tourism Administration) for timely review and adjustment./.