Law on Tourism number 09/2017/QH14

LAW

TOURISM

 On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Tourism Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates on tourism resources, tourism product development, and tourism activities; rights and obligations of tourists, organizations and individuals engaged in tourism business, agencies, organizations, individuals, and communities involved in tourism-related activities; state management over tourism.

Article 2. Applicability

1. Agencies, organizations, and individuals of Vietnam conducting tourism activities within the territory of Vietnam and abroad.

2. Foreign organizations and individuals conducting tourism activities within the territory of Vietnam.

3. State management agencies for tourism, other agencies, organizations, individuals, and communities involved in tourism-related activities.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. 1. Commendation Certificates of the Ministry shall be awarded to individuals who model compliance with Party guidelines, State policies and laws and fall under one of the following cases: are activities related to trips outside the usual place of residence for a period not exceeding one year continuously to meet the needs of sightseeing, relaxation, entertainment, exploration, discovery of tourism resources, or combined with other lawful purposes.

2. tourists is a person traveling for tourism or combined with tourism, except for cases of studying or working to earn income at the destination.

3. Tourism activities are activities of tourists, organizations, and individuals engaged in tourism business, and agencies, organizations, individuals, and communities related to tourism.

4. Tourism Resources are natural landscapes, natural elements, and cultural values serving as the basis for forming tourism products, tourist areas, and tourist sites to meet tourism demands. Tourism resources include natural tourism resources and cultural tourism resources.

5. Tourism products are a set of services based on exploiting the value of tourism resources to satisfy the needs of tourists.

6. Tourist Area is an area with advantages in tourism resources, planned and invested in for development to meet diverse needs of tourists. Tourist areas include provincial-level tourist areas and national tourist areas.

7. Tourist Spot is a place where tourism resources are invested in and exploited to serve tourists.

8. Tourism program is a document presenting the itinerary, services, and pre-determined prices for a tourist's journey from the starting point to the end point.

9. Tourism service operation is the construction, sale, and organization of implementation of part or all of a travel program for tourists.

10. Tour guide training. is the provision of information, connection of services, guiding tourists, and support for tourists to use services according to the travel program.

11. Tour guide is a person granted a card to practice tour guide.

12. Tourist Accommodation Facilities is a place providing accommodation services to meet tourists' lodging needs.

13. Refers to establishments providing rooms, beds, and other services for tourists. Accommodation facilities for tourists include hotels, tourist villages, villas, apartments, camping sites, among which hotels are the main accommodation facilities for tourists. is the activity of market research, organizing promotion, publicity, and mobilization to seek, promote development opportunities, and attract tourists.

14. Sustainable tourism development is the development of tourism that meets economic and social requirements simultaneously, ensuring harmony of interests of all subjects participating in tourism activities, without harming the ability to meet future tourism needs.

15. Community-based tourism is a type of tourism developed based on community cultural values, managed, operated, and benefited by the community.

16. Ecotourism is a type of tourism based on nature, linked with local cultural identity, involving community participation, combining environmental education.

17. Cultural tourism is a type of tourism developed based on cultural values, contributing to preserving and promoting traditional cultural values, and honoring new cultural values of humanity.

18. Tourism environment is the natural and social environment where tourism activities take place.

Article 4. Principles for Tourism Development

1. Sustainable tourism development in accordance with strategy, planning, with focus on key areas.

2. Tourism development shall be linked to the conservation and promotion of national cultural heritage values, natural resources, leveraging the advantages of each locality, and enhancing regional collaboration.

3. Ensuring national sovereignty, national defense, security, public order, social safety, expanding foreign relations and international integration, promoting the image of the country and its people.

4. Ensuring national interests, community benefits, and the lawful rights and interests of tourists, organizations, and individuals engaged in tourism business.

5. Simultaneous development of domestic and international tourism; respecting and treating all tourists equally.

Article 5. Policies for Tourism Development

1. The State shall have policies to mobilize all resources for tourism development to ensure that tourism becomes a leading economic sector of the country.

2. Organizations and individuals engaged in tourism business shall enjoy the highest level of incentives and investment support when the State promulgates and implements policies on incentives and investment support.

3. The State shall prioritize funding for the following activities:

a) Surveying, evaluating, protecting, restoring, and developing the value of tourism resources;

b) Developing tourism plans;

c) Promoting tourism, building the national and local tourism brand;

d) Building infrastructure to serve tourism development.

4. The State shall have policies to encourage and support the following activities:

a) Investment in developing high-quality tourism facilities and services;

b) Research and direction for tourism product development;

c) Training and developing human resources for tourism;

d) Investment in developing new tourism products that positively impact the environment, attracting community participation; investment in developing marine and island tourism, ecotourism, community tourism, cultural tourism, and other special tourism products;

đ) Applying modern science and technology to serve management and tourism development;

e) Developing tourism in places with tourism potential; utilizing local tourism human resources;

g) Investment in forming complex tourism service areas of large scale; duty-free shops, shopping centers serving tourists.

5. The State shall have policies to facilitate travel, residence, exit, entry procedures, customs clearance, VAT refund, and ensure other lawful rights and interests of tourists.

Article 6. Community Participation in Tourism Development

1. The community has the right to participate and benefit from tourism activities; they have the responsibility to protect tourism resources, local cultural identity; maintain security, public order, social safety, and environmental protection.

2. The community shall be provided conditions to invest in tourism development, restore and promote traditional folk culture, arts, handicrafts, and local goods production to serve tourists, contributing to improving the material and spiritual life of local residents.

Article 7. Social and Professional Organizations in Tourism

1. Social and professional organizations in tourism shall be established and operate in accordance with the law on associations.

2. Social and professional organizations in tourism shall have the following responsibilities:

a) Adhering to the law and protecting the lawful rights and interests of members;

b) Participating in the formulation, dissemination, education, and supervision of the implementation of laws and policies on tourism;

c) Participating in tourism promotion, training, and upgrading knowledge about tourism; assessing, advising, and auditing professional standards, service quality for businesses and workers in the tourism industry; creating a healthy business environment for members; mobilizing social resources to implement tourism activities in accordance with the law;

d) Organizing the implementation of professional ethics rules, mobilizing tourism business members to ensure service quality;

đ) Identifying and recommending to competent state agencies to handle violations of tourism laws, protecting the environment.

Article 8. Protection of Tourism Environment

1. The tourism environment must be protected, preserved, and developed towards being green, clean, beautiful, secure, safe, healthy, and civilized.

2. Ministries and ministerial-level agencies within their respective duties and authorities shall issue regulations to protect, preserve, and develop the tourism environment.

3. Local authorities at all levels shall take measures to protect, preserve, and develop the tourism environment in accordance with the actual conditions of their locality.

4. Organizations and individuals engaged in tourism business shall be responsible for collecting and treating waste generated from their business activities; mitigating negative impacts caused by their activities on the environment; and taking measures to prevent and combat social evils in their business operations.

5. Tourists, community residents, and other organizations and individuals shall be responsible for protecting and maintaining landscapes, environments, cultural identities, customs, and traditions of the nation; demonstrating civilized and courteous behavior to enhance the image of Vietnam's people and tourism.

Article 9. Prohibited Acts in Tourism Activities

1. Damaging national sovereignty, national interests, national defense, security, public order, social safety, cultural traditions, morality, and local customs and practices.

2. Exploiting tourism activities to transport persons from Vietnam to foreign countries or from foreign countries to Vietnam illegally.

3. Damaging tourism resources and the tourism environment.

4. Discriminating against tourists, illegally profiting from tourists; competing for customers, coercing tourists to purchase goods or services.

5. Engaging in tourism business without meeting the required conditions, without a business license, or failing to maintain the required conditions during operation as stipulated by this Law and other relevant laws.

6. Using the business license for tour operating services of another tour operating business or allowing other organizations or individuals to use the business license of a tour operating business for their operations.

7. Practicing tour guiding without meeting the required qualifications.

8. Advertising types and categories of tourist accommodation facilities that have not been recognized by competent state agencies; advertising types and categories of tourist accommodation facilities before they have been recognized by competent state agencies.

9. Other prohibited acts as prescribed by other relevant laws.

Chapter II

TOURIST GUESTS

Article 10. Types of Tourists

1. Tourists include domestic tourists, international tourists arriving in Vietnam, and tourists traveling abroad.

2. Domestic tourists are Vietnamese citizens and foreigners residing in Vietnam who travel for tourism within the territory of Vietnam.

3. International tourists arriving in Vietnam are foreigners and overseas Vietnamese entering Vietnam for tourism.

4. Tourists traveling abroad are Vietnamese citizens and foreigners residing in Vietnam who travel for tourism outside Vietnam.

Article 11. Rights of Tourists

1. To use tourism services provided by organizations and individuals engaged in tourism business or to travel independently.

2. To request organizations and individuals engaged in tourism business to provide information about programs, services, and tourist destinations according to the contracts signed.

3. To be facilitated in exiting, entering, transiting, customs clearance, residence, and movement within the territory of Vietnam in accordance with the provisions of law and international treaties to which the Socialist Republic of Vietnam is a party.

4. To be guaranteed rights and legitimate interests according to contracts concluded with organizations and individuals engaged in tourism business and service provision.

5. To be treated equally; to be ensured safety of life, health, and property when using tourism services; to be respected for dignity and personality; to be rescued in emergency situations.

6. To lodge complaints, denunciations, and lawsuits against violations of tourism laws.

7. To make suggestions to organizations and individuals managing tourist areas, tourist sites, and tourism service providers, and competent state agencies regarding issues related to tourism activities.

8. To be compensated for damages in accordance with the law.

Article 12. Obligations of Tourists

1. Comply with Vietnamese laws and the laws of the country or region where they travel; behave civilly, respect local customs, traditions, cultural identity, protect and maintain tourism resources and the tourism environment; do not harm the national image or traditional culture of Vietnam.

2. Adhere to the internal regulations of tourist areas, tourist sites, and service providers.

3. Pay for services according to contracts, fees, charges, and other revenues as prescribed by law.

4. Compensate for damages in accordance with civil law regulations.

Article 13. Ensuring Safety for Tourists

1. State agencies within their respective duties and powers shall take measures to ensure security, public order, and social safety in tourist areas and sites.

2. Organizations and individuals managing tourist areas and sites shall implement preventive measures against risks and organize security, rescue, and emergency response teams for tourists.

3. Tourism businesses have the responsibility to warn tourists of potential dangers; promptly inform and guide tourists in emergencies; apply necessary measures and coordinate with relevant authorities and organizations in rescue operations for tourists.

Article 14. Handling Tourist Complaints

1. Tourism businesses and managers of tourist areas and sites shall promptly receive and resolve complaints from tourists within their management scope.

2. People's Committees at all levels, within their respective duties and powers, shall organize the reception and resolution of tourist complaints in their jurisdictions.

3. The Ministry of Culture, Sports and Tourism, within its respective duties and powers, shall receive and resolve complaints from tourists or coordinate with competent state agencies to resolve such complaints.

Chapter III

TOURISM RESOURCES, DEVELOPMENT OF TOURISM PRODUCTS AND PLANNING FOR TOURISM

Section1

PROTECTION, EXPLOITATION, USE AND DEVELOPMENT OF TOURISM RESOURCES

Article 15. Types of Tourism Resources

1. Natural tourism resources include natural landscapes, geological and geomorphological elements, climate, hydrology, ecosystems, and other natural factors that can be utilized for tourism purposes.

2. Cultural tourism resources include historical and cultural relics, revolutionary sites, archaeological sites, architecture; traditional cultural values, festivals, folk arts, and other cultural values; human creative works that can be used for tourism purposes.

Article 16. Surveying Tourism Resources

1. The Ministry of Culture, Sports and Tourism shall lead and coordinate with provincial People's Committees and related state agencies to survey, assess, classify tourism resources as a basis for developing tourism plans; manage, exploit, enhance the value of tourism resources, and develop tourism products.

2. The Government shall provide detailed regulations for this Article.

Article 17. Responsibilities for Managing, Protecting, and Exploiting Tourism Resources

1. The State shall formulate policies to manage, protect, restore, rationally exploit, and enhance the value of tourism resources nationwide to promote sustainable tourism development.

2. The Ministry of Culture, Sports and Tourism shall lead and coordinate with ministries, ministerial-level agencies, and provincial People's Committees in managing, protecting, restoring, rationally exploiting, and enhancing the value of tourism resources.

3. Agencies, organizations, individuals, and community residents managing tourism resources shall be responsible for protecting, investing in, and restoring tourism resources, creating favorable conditions for tourists to visit and enjoy the value of tourism resources; cooperate with authorized state tourism management agencies in protecting and exploiting tourism resources for other economic objectives.

4. Tourists, tourism businesses, and community residents shall be responsible for protecting tourism resources.

Section 2

DEVELOPMENT OF TOURISM PRODUCTS

Article 18. Construction and Development of Tourism Products

1. Organizations and individuals have the right to create, develop, and operate tourism products that meet the needs of tourists and comply with the provisions of the law.

2. The Government shall formulate policies to support the development of leading tourism products for each region and nationwide at different stages, based on market demand and the assessment and classification of tourism resources.

3. The Government shall stipulate measures to ensure safety for tourists concerning tourism products that pose risks to their lives and health.

Article 19. Community Tourism Development

1. Individuals and households in areas developing community tourism are encouraged and incentivized to provide accommodation and food services; guide tourists in sightseeing and experiencing culture and lifestyle within the community; produce traditional handicrafts and other services serving tourists.

2. Provincial People's Committees shall organize research, surveys, and selection of locations with potential for community tourism development; implement policies to support initial equipment and training in knowledge and skills necessary for serving tourists for individuals and households participating in providing tourism services; promote community tourism products.

3. Commune People's Committees in areas developing community tourism shall organize propaganda, dissemination, and enhancement of community awareness; take the lead in building community commitments to preserve cultural identity, protect the environment, and maintain civilized behavior towards tourists.

4. Organizations and individuals exploiting and developing community tourism shall be responsible for respecting culture and lifestyle and sharing benefits from tourism activities with the community.

Section 3

TOURISM PLANNING

Article 20. Principles of Tourism Planning

1. Consistent with the national strategy and planning for economic and social development, national defense, and security; the tourism industry development strategy and other approved plans by competent state authorities at different periods.

2. Efficient and rational exploitation and utilization of tourism resources and preservation of historical-cultural relics and natural heritage towards sustainable development goals, environmental protection, and climate change adaptation.

3. Ensuring connectivity between localities within regions and between regions nationwide; maximizing the use of existing infrastructure; fully leveraging the potential and advantages of each region and locality to develop tourism products.

4. Minimizing negative impacts of tourism development on the economy, society, and environment.

5. Ensuring participation of agencies, organizations, communities, and individuals in the planning process; harmonizing the interests of the State and the community, and those of regions and localities.

6. Ensuring scientific rigor and application of modern technology in the planning process; meeting standards and being consistent with national socio-economic development requirements and international integration.

Article 21. Content of Tourism Planning

1. Determining the position, role, and advantages of tourism in national, regional, and local socio-economic development.

2. Analyzing and assessing the potential, current status of tourism resources and the environment, and the tourism market; the ability to attract investment and development resources.

3. Establishing viewpoints and development targets for tourism; forecasting indicators and justifying development scenarios.

4. Directing the organization of tourism space and technical infrastructure systems.

5. Directing the development of tourism products and markets.

6. Directing investment in tourism development; identifying priority areas and projects for investment, and investment capital.

7. Directing the protection of tourism resources and the environment according to legal regulations.

8. Proposing policies and solutions for managing and developing tourism according to the plan.

Article 22. Establishment, management, and implementation of tourism planning

1. The establishment of tourism planning must comply with the principles and contents of tourism planning stipulated in Articles 20 and 21 of this Law and other relevant legal provisions.

2. The Government shall prescribe the establishment, management, and implementation of tourism planning.

Chapter IV

TOURIST SPOT, TOURIST AREA

Article 23. Conditions for recognizing tourist spots

1. The conditions for recognizing tourist spots include:

a) Possessing tourism resources with defined boundaries;

b) Having necessary infrastructure and services to ensure service provision for tourists;

c) Meeting legal requirements concerning security, public order, social safety, and environmental protection.

2. The Government shall provide detailed regulations for this Article.

Article 24. Documents, procedures, and authority for recognizing tourist spots

1. The application dossier for recognizing tourist spots includes:

a) A request form for recognizing tourist spots according to the model prescribed by the Minister of Culture, Sports and Tourism;

b) A description of the recognition conditions for tourist spots as stipulated in Clause 1 of Article 23 of this Law.

2. The procedures, formalities, and authority for requesting recognition of tourist spots are as follows:

a) Organizations and individuals owning or managing tourist spots submit one set of application dossiers to the specialized agency under the provincial People's Committee responsible for state management of tourism (hereinafter referred to as the provincial tourism specialized agency) where the tourist spot is located;

b) Within twenty days from the date of receiving valid dossiers, the provincial tourism specialized agency reviews and submits to the provincial People's Committee;

c) Within ten days from the date of receiving the review results, the provincial People's Committee decides on recognizing the tourist spot; in case of rejection, a written response with detailed reasons must be provided.

3. The provincial People's Committee revokes the decision recognizing the tourist spot if it no longer meets the conditions stipulated in Clause 1 of Article 23 of this Law.

Article 25. Rights and obligations of organizations and individuals managing tourist spots

1. Organizations and individuals managing tourist spots have the following rights:

a) To invest, exploit, and protect tourism resources;

b) To issue internal regulations; organize business services for tourists;

c) To organize guiding services; specify and manage the use of tour guides within their management scope;

d) To collect fees in accordance with the law.

2. Organizations and individuals managing tourist spots have the following obligations:

a) To ensure the conditions stipulated in Clause 1 of Article 23 of this Law;

b) To facilitate convenient access for tourists to visit;

c) To manage and supervise tourism service business activities within their management scope;

d) To ensure safety for tourists, public order, social safety, and environmental protection at the tourist spot;

e) To organize prompt reception and resolution of tourists' complaints within their management scope.

Article 26. Conditions for recognizing tourist areas

1. The conditions for recognizing provincial-level tourist areas include:

a) Possessing tourism resources with advantages in natural scenery or cultural value, having defined boundaries;

b) Having infrastructure, technical facilities, and services meeting the needs for accommodation, dining, and other needs of tourists;

c) Being connected to the national transportation and telecommunications infrastructure system;

d) Meeting legal requirements concerning security, public order, social safety, and environmental protection.

2. The conditions for recognizing national-level tourist areas include:

a) Possessing diverse and particularly attractive tourism resources with advantages in natural scenery or cultural value, having defined boundaries;

b) Being included in the list of potential areas for developing national-level tourist areas approved by competent authorities;

c) Having high-quality, integrated infrastructure, technical facilities, and services meeting the needs for accommodation, dining, and other needs of tourists;

d) Meeting the conditions stipulated in points c and d of Clause 1 of this Article.

3. The Government shall provide detailed regulations on this Article.

Article 27. Documents, Procedures, Formalities, and Authority for Recognizing Provincial Tourism Areas

1. The application documents for recognizing provincial tourism areas include:

a) A request for recognition of a provincial tourism area according to the form prescribed by the Minister of Culture, Sports and Tourism;

b) A description of the conditions for recognizing a provincial tourism area as stipulated in Clause 1, Article 26 of this Law.

2. The procedures, formalities, and authority for recognizing provincial tourism areas are as follows:

a) The People's Committee of the district or the management organization of the tourism area submits one set of documents to the specialized agency on tourism at the provincial level where the tourism area is located;

b) Within 45 days from the date of receiving valid documents, the specialized agency on tourism at the provincial level reviews and submits to the People's Committee of the province;

c) Within 15 days from the date of receiving the review results, the People's Committee of the province decides to recognize the provincial tourism area; in case of refusal, it must respond in writing and specify the reasons.

3. For tourism areas located in the territory of two or more district administrative units, the specialized agency on tourism at the provincial level prepares the application documents for recognizing the provincial tourism area. The People's Committee of the province establishes a review board and decides to recognize the provincial tourism area.

4. The People's Committee of the province revokes the decision to recognize the provincial tourism area if the tourism area no longer meets the conditions stipulated in Clause 1, Article 26 of this Law.

Article 28. Documents, Procedures, Formalities, and Authority for Recognizing National Tourism Areas

1. The application documents for recognizing national tourism areas include:

a) A request for recognition of a national tourism area according to the form prescribed by the Minister of Culture, Sports and Tourism;

b) A description of the conditions for recognizing a national tourism area as stipulated in Clause 2, Article 26 of this Law.

2. The procedures, formalities, and authority for recognizing national tourism areas are as follows:

a) The People's Committee of the province submits one set of documents to the General Administration of Tourism;

b) Within 45 days from the date of receiving valid documents, the General Administration of Tourism reviews and submits to the Minister of Culture, Sports and Tourism;

c) Within 15 days from the date of receiving the review results, the Minister of Culture, Sports and Tourism decides to recognize and coordinates with the People's Committee of the province to organize the announcement of the national tourism area; in case of refusal, it must respond in writing and specify the reasons.

3. For tourism areas located in the territory of two or more provincial administrative units, the Ministry of Culture, Sports and Tourism prepares the application documents for recognizing the national tourism area and submits them to the Prime Minister for recognition.

4. The authority responsible for recognizing national tourism areas revokes the recognition decision if the tourism area no longer meets the conditions stipulated in Clause 2, Article 26 of this Law.

Article 29. Management of Tourism Areas

1. The contents of managing tourism areas include:

a) Managing planning and investment development work;

b) Managing business activities of tourism services and the activities of tour guides;

c) Managing investment, exploitation, and protection of tourism resources;

d) Ensuring safety for tourists; ensuring public order, social security, and environmental protection within the tourism area;

e) Establishing a system of signboards, directional signs, and information provision points serving tourists;

f) Other contents as prescribed by law.

2. The Government prescribes the management model for national tourism areas; the People's Committee of the province prescribes the management model for provincial tourism areas.

Chapter V

TOURISM BUSINESS

Section 1

TRAVEL SERVICES

Article 30. Scope of Travel Services Business

1. Domestic travel services business serving domestic tourists.

2. International travel services business serving international tourists coming to Vietnam and tourists traveling abroad.

3. An enterprise engaged in international travel services business may conduct both international and domestic travel services business, except as provided for in Clause 4 of this Article.

4. A foreign-invested enterprise may only engage in international travel services business serving international tourists coming to Vietnam, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Article 31. Conditions for Travel Services Business

1. Conditions for domestic travel services business include:

a) Being an enterprise established in accordance with the laws on enterprises;

b) Depositing a guarantee for domestic travel services business at a bank;

c) The person responsible for the travel services business must have graduated from a college program specializing in travel; in cases where they have graduated from a college program in another specialty, they must hold a certificate in domestic tour operation skills.

2. Conditions for international travel services business include:

a) Being an enterprise established in accordance with the laws on enterprises;

b) Depositing a guarantee for international travel services business at a bank;

c) The person responsible for the travel services business must have graduated from a higher education program specializing in travel; in cases where they have graduated from a higher education program in another specialty, they must hold a certificate in international tour operation skills.

3. An enterprise meeting the conditions for conducting business as prescribed in Clause 1 of this Article shall be granted a License for Domestic Travel Services Business; an enterprise meeting the conditions for conducting business as prescribed in Clause 2 of this Article shall be granted a License for International Travel Services Business. Fees for the examination and issuance of Licenses for International Travel Services Business and Licenses for Domestic Travel Services Business shall be implemented in accordance with the laws on fees and charges.

4. The Government shall specify detailed regulations on depositing guarantees for travel services business as stipulated in point b of Clause 1 and point b of Clause 2 of this Article.

5. The Minister of Culture, Sports and Tourism shall specify detailed regulations on the person responsible for travel services business; the content of training, upgrading, organizing examinations, and issuing certificates in domestic tour operation skills and international tour operation skills.

Article 32. Documents, Procedures, and Authorities for Issuing a License for Domestic Travel Services Business

1. The application documents for a License for Domestic Travel Services Business include:

a) An application form for a License for Domestic Travel Services Business as prescribed by the Minister of Culture, Sports and Tourism;

b) A certified copy of the Enterprise Registration Certificate;

c) A certificate of guarantee deposit for travel services business;

d) A certified copy of the decision appointing or labor contract between the travel services business enterprise and the person responsible for the travel services business;

đ) A certified copy of the academic credentials and certificates of the person responsible for the travel services business as prescribed in point c of Clause 1 of this Article.

2. The procedures, formalities, and authorities for issuing a License for Domestic Travel Services Business are as follows:

a) An enterprise applying for a License for Domestic Travel Services Business shall submit one set of application documents to the provincial tourism specialized agency where the enterprise has its headquarters;

b) Within ten days from the date of receipt of valid application documents, the provincial tourism specialized agency shall examine and issue a License for Domestic Travel Services Business to the enterprise; in case of refusal, it must notify in writing and specify the reasons.

3. The Minister of Culture, Sports and Tourism shall prescribe the format of the License for Domestic Travel Services Business.

Article 33. Documents, procedures, formalities, and authority for issuing International Travel Service Business License

1. The application dossier for requesting an International Travel Service Business License includes:

a) An application form for an International Travel Service Business License according to the model prescribed by the Minister of Culture, Sports and Tourism;

b) A certified copy of the Enterprise Registration Certificate or Investment Registration Certificate issued by the competent state agency;

c) A certificate of guarantee deposit for travel services business;

d) A certified copy of the qualification certificate of the person responsible for managing travel services as stipulated at point c, Clause 2, Article 31 of this Law;

đ) A certified copy of the appointment decision or labor contract between the travel service business enterprise and the person responsible for managing travel services.

2. The procedures, formalities, and authority for issuing an International Travel Service Business License are regulated as follows:

a) The enterprise requesting an International Travel Service Business License submits one set of application dossier to the General Department of Tourism;

b) Within ten days from the date of receiving a valid dossier, the General Department of Tourism shall examine and issue the International Travel Service Business License to the enterprise and notify the provincial tourism specialized agency where the enterprise has its headquarters; in case of refusal, it must notify in writing and specify the reasons.

3. The Minister of Culture, Sports and Tourism prescribes the model of the International Travel Service Business License.

Article 34. Reissuing the business license for travel services

1. The enterprise requests reissuing the business license for travel services in cases where the business license for travel services is lost or damaged.

2. The procedures and formalities for reissuing the business license for travel services are regulated as follows:

a) The enterprise sends an application form for reissuing the business license for travel services according to the model prescribed by the Minister of Culture, Sports and Tourism to the competent state agency issuing the license;

b) Within five working days from the date of receiving the enterprise's application form, the competent state agency issuing the license is responsible for reissuing the business license for travel services to the enterprise; in case of refusal, it must notify in writing and specify the reasons.

The General Department of Tourism notifies the provincial tourism specialized agency where the enterprise has its headquarters when reissuing the International Travel Service Business License.

Article 35. Issuing a new business license for travel services

1. The enterprise requests issuing a new business license for travel services in the following cases:

a) Changing the Enterprise Registration Certificate or Investment Registration Certificate;

b) Changing the scope of international travel service business.

2. The application dossier for requesting a new business license for travel services includes:

a) An application form for issuing a new business license for travel services according to the model prescribed by the Minister of Culture, Sports and Tourism;

b) The business license for travel services of the enterprise;

c) A certified copy of the Enterprise Registration Certificate or Investment Registration Certificate in the case stipulated at point a, Clause 1 of this Article; a deposit certificate for travel service business corresponding to the scope of business in the case stipulated at point b, Clause 1 of this Article.

3. The procedures and formalities for issuing a new business license for travel services are regulated as follows:

a) The enterprise submits one set of application dossier to the competent state agency that has issued the license;

b) Within five working days from the date of receiving a valid dossier, the competent state agency issuing the license is responsible for issuing a new business license for travel services to the enterprise; in case of refusal, it must notify in writing and specify the reasons.

The General Department of Tourism notifies the provincial tourism specialized agency where the enterprise has its headquarters when issuing a new International Travel Service Business License.

Article 36. Revocation of Business License for Travel Services

1. A business shall have its business license for travel services revoked in any of the following cases:

a) Ceasing to operate travel services, dissolution, or bankruptcy;

b) Failing to meet one of the conditions for operating travel services as stipulated in Clause 1 or Clause 2 of Article 31 of this Law;

c) Failing to update the business license for travel services as required under Clause 1 of Article 35 of this Law;

d) Damaging sovereignty, national interests, national defense, or security;

đ) Exploiting tourism activities to transport people from Vietnam to foreign countries or from foreign countries to Vietnam illegally;

e) Allowing other organizations or individuals to use the business license for travel services of the enterprise to conduct business operations;

g) Failing to fully fulfill obligations as specified in Point i, Clause 1 of Article 37 of this Law, causing serious harm to the lives, health, and property of tourists;

h) Submitting false documents when applying for issuance, renewal, or reissuance of the business license for travel services.

2. An enterprise whose business license for travel services has been revoked according to Points b and c of Clause 1 of this Article may only apply for issuance of a new business license for travel services six months after the effective date of the revocation decision. An enterprise whose business license for travel services has been revoked according to Points d, đ, e, g, and h of Clause 1 of this Article may only apply for issuance of a new business license for travel services twelve months after the effective date of the revocation decision.

3. The Minister of Culture, Sports and Tourism shall prescribe the procedures and formalities for revoking the business license for travel services.

Article 37. Rights and Obligations of Enterprises Operating Travel Services

1. Domestic travel service enterprises have the following rights and obligations:

a) To develop, advertise, sell, and organize the implementation of tourism services and programs for tourists within the scope of business as defined in the business license;

b) To ensure the maintenance of conditions for operating travel services as stipulated in Clause 1 of Article 31 of this Law; publicly display the name of the enterprise and the number of the business license for travel services on signs at headquarters, branches, transaction offices, in travel contracts, in promotional materials, and in electronic transactions;

c) To notify changes in the person responsible for travel services and submit files on the replacement person to the competent state agency issuing the business license within fifteen days from the change;

d) To provide information about programs, services, and tourist destinations to tourists;

đ) To purchase insurance for tourists during the implementation of the tourism program, except where the tourist already has insurance covering the entire program;

e) To use tour guides to guide tourists according to travel contracts; to be responsible for the activities of tour guides while guiding tourists according to the contract;

g) To comply with, disseminate, and guide tourists to follow laws and regulations of the destination; to behave civilly, respect the cultural identity, customs, and traditions of Vietnam and the destination; to cooperate with competent state agencies to promptly address violations of law by tourists during their participation in the tourism program;

h) To implement reporting, statistics, accounting, and record-keeping systems as prescribed by law;

i) To apply measures to ensure the safety of tourists' lives, health, and property; to promptly report accidents and risks involving tourists to competent state agencies and take remedial actions;

k) To manage tourists according to the agreed-upon tourism program.

2. International travel service enterprises serving international tourists visiting Vietnam have the following rights and obligations:

a) The rights and obligations specified in Points a, c, d, đ, e, g, h, i, and k of Clause 1 of this Article;

b) To ensure the maintenance of conditions for operating travel services as stipulated in Clause 2 of Article 31 of this Law; publicly display the name of the enterprise and the number of the business license for travel services on signs at headquarters, branches, transaction offices, in travel contracts, in promotional materials, and in electronic transactions;

c) To assist tourists in completing entry, exit, transit, and customs procedures.

3. International travel service enterprises serving tourists traveling abroad have the following rights and obligations:

a) The rights and obligations specified in Points a, c, d, đ, g, h, i, and k of Clause 1, and Points b and c of Clause 2 of this Article;

b) To use international tour guides to escort tourists abroad according to travel contracts; to be responsible for the activities of tour guides while escorting tourists abroad.

Article 38. Foreign-invested enterprises operating travel agency services

1. Foreign investors may contribute capital with Vietnamese partners to establish enterprises to operate travel agency services in accordance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party.

2. Conditions, documents, procedures, formalities, authority for issuing, reissuing, amending, and revoking business licenses for foreign-invested enterprises operating travel agency services shall be implemented in accordance with the provisions of Articles 31, 33, 34, 35, and 36 of this Law.

3. Foreign-invested enterprises operating travel agency services shall have rights and obligations as stipulated in Clause 2 of Article 37 of this Law.

Article 39. Travel Contracts

1. A travel contract is an agreement on the implementation of a tourism program between a travel agency service enterprise and businesses, tourists, or representatives of tourists.

2. A travel contract must be established in writing.

3. A travel contract must include the following contents:

a) A clear description of the quantity, quality, price, time, and method of providing services in the tourism program;

b) The value of the contract and payment methods;

c) Exclusion clauses in cases of force majeure;

d) Conditions and financial responsibilities related to changes, additions, or cancellations of the contract;

đ) Provisions regarding insurance for tourists.

Article 40. Operating Travel Agency Representation Business

1. Operating travel agency representation business involves organizations or individuals accepting to sell tourism programs of travel agency service enterprises to tourists to earn commission.

2. Organizations or individuals operating travel agency representation business must register their business with competent state agencies and have a representation contract with travel agency service enterprises.

3. In cases where tourists purchase tourism programs through travel agency representatives, the travel contract shall be concluded between the tourist and the travel agency service enterprise that has appointed the representative; the contract must record the name and address of the travel agency representative.

Article 41. Travel Agency Representation Contracts

1. A travel agency representation contract must be established in writing between the contracting party, which is a travel agency service enterprise, and the receiving party, which is an organization or individual operating travel agency representation business.

2. A travel agency representation contract must include the following contents:

a) Name and address of the contracting party and the receiving party;

b) Tourism programs, prices of tourism programs assigned to the representative, commission rates, and payment deadlines;

c) Rights and responsibilities of both parties;

d) Duration of validity of the representation contract.

Article 42. Responsibilities of the Travel Agency Representation Contracting Party

1. Inspect and supervise the performance of the contract by the travel agency representation receiving party.

2. Organize the implementation of tourism programs sold by the travel agency representation receiving party; bear responsibility to tourists for the tourism programs assigned to the travel agency representation receiving party.

3. Provide information related to tourism programs to the travel agency representation receiving party.

Article 43. Responsibilities of Travel Agency Representatives

1. Notify the provincial tourism management agency of the start date of business operations, business location, and information about the travel agency service enterprise that has appointed the representative.

2. Carry out the sale of tourism programs in accordance with the content and price specified in the representation contract; shall not organize the implementation of tourism programs.

3. Establish and retain records of tourism programs sold to tourists in accordance with the law.

4. Display a sign indicating travel agency representation at a visible location at the representative's office.

Article 44. Representative offices of foreign travel service businesses in Vietnam

1. The establishment of representative offices of foreign travel service businesses in Vietnam shall be carried out in accordance with the provisions of the law on commerce.

2. Provincial tourism specialized agencies shall receive, examine, issue, reissue, amend, extend, and revoke the license for establishing representative offices of foreign travel service businesses in Vietnam.

Section 2

PASSENGER TRANSPORTATION IN TOURISM

Article 45. Passenger transportation in tourism business

1. Passenger transportation in tourism business is the provision of air, sea, inland waterway, railway, and road passenger transport services specifically serving tourists according to tourism programs at tourist areas and tourist sites.

2. Organizations and individuals engaged in passenger transportation in tourism business as stipulated in Clause 1 of this Article must meet the conditions for transportation business; technical standards, environmental protection requirements of transport vehicles; conditions for vehicle drivers, service staff, equipment, and service quality on each type of transport vehicle as prescribed by law.

3. The Minister of Transport shall prescribe the conditions for vehicle drivers, service staff, equipment, and service quality on passenger transport vehicles after consulting the Ministry of Culture, Sports and Tourism.

Article 46. Issuance of identification signs for passenger transport vehicles

1. Passenger transport vehicles shall be issued identification signs when they meet the conditions prescribed in Clause 2 of Article 45 of this Law.

2. Passenger transport vehicles with identification signs may carry passengers under contracts and are prioritized for berthing, stopping, parking to pick up and drop off tourists at airports, ports, stations, bus terminals, within tourist areas, near tourist attractions, tourist accommodation facilities, and operate without time restrictions on routes leading to tourist attractions, tourist accommodation facilities, and tourist service supply points as prescribed by local authorities.

3. The Government shall specify the procedures, formalities, and authority for issuing identification signs for passenger transport vehicles.

Article 47. Rights and obligations of organizations and individuals engaged in passenger transportation in tourism business

1. To provide passenger transportation in tourism business according to contracts with travel service businesses, and according to suitable itineraries and routes for tourists.

2. To purchase insurance for tourists according to the means of transport.

3. To ensure all standards and conditions as prescribed throughout the operation and use of the means of transport.

4. To display the passenger transportation identification sign in a visible location on the means of transport.

Section 3

TOURIST ACCOMMODATION

Article 48. Types of tourist accommodation facilities

1. Hotels.

2. Tourist villas.

3. Tourist apartments.

4. Tourist cruise ships.

5. Tourist guesthouses.

6. Houses with rooms for tourists to rent.

7. Tourist camping grounds.

8. Other tourist accommodation facilities.

Article 49. Conditions for operating tourist accommodation services

1. The conditions for operating tourist accommodation services include:

a) Registering business operations in accordance with the law;

b) Meeting the conditions regarding security, public order, fire prevention and firefighting safety, environmental protection, food safety as prescribed by law;

c) Meeting the minimum conditions regarding technical infrastructure and services for tourists.

2. The Government shall provide detailed regulations on Point c of Clause 1 of this Article.

Article 50. Classification of Tourist Accommodation Facilities

1. Organizations and individuals operating tourist accommodation services may voluntarily register for classification of tourist accommodation facilities with competent state agencies.

2. Hotels, resort villas, resort apartments, cruise ships providing tourist accommodation services shall be classified according to national standards on classification of tourist accommodation facilities. The classification levels of tourist accommodation facilities include one star, two stars, three stars, four stars, and five stars.

3. The authority to assess and recognize the classification level of tourist accommodation facilities is stipulated as follows:

a) The National Administration of Tourism shall assess and recognize tourist accommodation facilities at the four-star and five-star levels;

b) Provincial tourism specialized agencies shall assess and recognize tourist accommodation facilities at the one-star, two-star, and three-star levels.

4. The application dossier for recognition of the classification level of tourist accommodation facilities includes:

a) A request form for recognition of the classification level of tourist accommodation facilities as prescribed by the Minister of Culture, Sports and Tourism;

b) An assessment report on the quality of the tourist accommodation facility in accordance with the national standard on classification of tourist accommodation facilities;

c) A list of managers and staff in the tourist accommodation facility;

d) Certified copies of certificates, diplomas, vocational training certificates, and work experience certificates in the field of tourism of the managers and heads of departments in the tourist accommodation facility.

5. The procedures for recognizing the classification level of tourist accommodation facilities are stipulated as follows:

a) Organizations and individuals operating tourist accommodation services submit one set of application dossiers to the competent state agency as specified in Clause 3 of this Article. In case the application dossier is not valid, within three working days from the date of receipt of the dossier, the competent state agency must notify in writing and specify the requirements for amendment and supplementation;

b) Within thirty days from the date of receipt of a valid application dossier, the competent state agency shall take the lead and coordinate with tourism social-professional organizations to assess and issue a decision recognizing the classification level of tourist accommodation facilities; in case of non-recognition, a written notification specifying the reasons must be issued.

6. The decision recognizing the classification level of tourist accommodation facilities has a validity period of five years. After the expiration of the validity period, organizations and individuals operating tourist accommodation services wishing to re-register for classification of their tourist accommodation facilities shall comply with the provisions of Clauses 4, 5, and 7 of this Article.

7. Fees for assessing and recognizing the classification level of tourist accommodation facilities shall be implemented in accordance with laws on fees and charges.

8. The recognition plaque of the classification level of tourist accommodation facilities shall be displayed in the main entrance area of the tourist accommodation facility.

The Minister of Culture, Sports and Tourism shall prescribe the model of the recognition plaque of the classification level of tourist accommodation facilities.

Article 51. Announcement and Quality Inspection of Tourist Accommodation Facilities

1. The National Administration of Tourism shall announce the list of tourist accommodation facilities that have been classified according to its authority; guide and inspect the classification of tourist accommodation facilities by provincial tourism specialized agencies; organize nationwide inspections of the quality of tourist accommodation facilities.

2. Provincial tourism specialized agencies shall announce the list of tourist accommodation facilities that have been classified according to their authority; organize inspections of the quality of tourist accommodation facilities within their jurisdiction.

Article 52. Revocation of Recognition Decisions and Change of Categories for Tourist Accommodation Facilities

1. The competent state agency that recognizes categories of tourist accommodation facilities shall revoke the recognition decision for facilities that fail to maintain quality according to the recognized standards.

2. When there are changes in technical infrastructure, services, organization, or individuals operating tourist accommodation facilities, they must request the competent state agency to re-evaluate and recognize the category of the tourist accommodation facility. Procedures and formalities for changing the category of tourist accommodation facilities shall be carried out in accordance with Clauses 4, 5, 6, and 7 of Article 50 of this Law.

Article 53. Rights and Obligations of Organizations and Individuals Operating Tourist Accommodation Services

1. Organizations and individuals operating tourist accommodation services have the following rights:

a) To refuse to accept tourists who violate the law, breach the internal regulations of the accommodation facility, or when the accommodation facility cannot meet the tourists' requirements.

b) To terminate service provision contracts with tourists who violate the law or breach the internal regulations of the accommodation facility.

2. Organizations and individuals operating tourist accommodation services have the following obligations:

a) To ensure compliance with conditions for operating tourist accommodation services as stipulated in Clause 1 of Article 49 of this Law.

b) To publicly display prices of goods and services, and internal regulations of the accommodation facility.

c) To compensate tourists for damages in accordance with civil law regulations.

d) To notify in writing the provincial tourism management authority of any changes in the name, scale, address, or legal representative of the accommodation facility.

đ) To only use the term "star" or star images for advertising the category of the accommodation facility after being officially recognized by the competent state agency.

e) To comply with reporting, statistical, and accounting systems as prescribed by law.

3. Organizations and individuals operating tourist accommodation services that have been recognized for their category have the following rights and obligations:

a) The rights and obligations specified in Clauses 1 and 2 of this Article.

b) To hang signs recognizing the category of the accommodation facility and advertise accurately according to the recognized type and category.

c) To maintain the quality of the accommodation facility in accordance with the recognized type and category.

Section 4

OTHER TOURIST SERVICES

Article 54. Other Types of Tourist Services

1. Catering services.

2. Shopping services.

3. Sports services.

4. Entertainment and leisure services.

5. Health care services.

6. Other related services serving tourists.

Article 55. Development of Other Types of Tourist Services

The State encourages organizations and individuals to carry out the following activities:

1. Investing in and building chains of restaurants, food zones, culinary festivals aimed at preserving and promoting traditional culinary values, and absorbing the best of global cuisine.

2. Investing in and building shopping streets, shopping centers, retail chains selling goods, souvenirs, handicrafts made in Vietnam, duty-free shops; organizing annual promotional programs.

3. Developing sports-related tourism services based on Vietnam's tourism resources and geographical advantages; organizing sports events to attract tourists.

4. Building and organizing traditional and contemporary art performance programs; connecting museum and theater systems with tourism activities; exploiting folk games and traditional festivals to attract tourists; building theme parks and entertainment centers.

5. Providing health care, beauty care services based on traditional and modern medical values.

6. Providing other related services according to tourists' needs and in compliance with legal provisions.

Article 56. Recognition of Other Tourism Service Business Establishments Meeting Tourist Service Standards

1. Organizations and individuals operating other tourism services may voluntarily apply for recognition that their business establishments meet tourist service standards with competent state agencies.

2. The application dossier includes:

a) A request form prescribed by the Minister of Culture, Sports and Tourism;

b) A description meeting the tourist service standards.

3. The procedures, formalities, and authority to recognize are as follows:

a) Organizations and individuals operating other tourism services submit one set of application dossiers to the provincial specialized agency on tourism where the business establishment is located;

b) Within twenty days from the date of receiving a valid dossier, the provincial specialized agency on tourism shall review and recognize; if not recognizing, they must reply in writing and specify the reasons.

4. The fee for reviewing and recognizing other tourism service business establishments meeting tourist service standards shall be implemented according to the laws on fees and charges.

5. The decision recognizing other tourism service business establishments meeting tourist service standards shall have a validity period of three years. After the expiration of this period, organizations and individuals operating other tourism services wishing to reapply for recognition of their business establishments meeting tourist service standards shall follow the provisions of Clauses 2, 3, and 4 of this Article.

6. The provincial specialized agency on tourism shall be responsible for organizing inspections and quality checks of other tourism service business establishments recognized as meeting tourist service standards within its jurisdiction; revoking the recognition decision in cases where the business establishments fail to meet the tourist service standards as stipulated by law.

7. The Minister of Culture, Sports and Tourism shall issue standards and sample signs indicating compliance with tourist service standards for other tourism service business establishments.

Article 57. Rights and Obligations of Other Tourism Service Business Establishments Recognized as Meeting Tourist Service Standards

1. Being included in the national tourism promotion database.

2. Being prioritized to participate in tourism promotion activities organized by central and local state management agencies for tourism.

3. Being allowed to hang a sign indicating compliance with tourist service standards and using this title for advertising and attracting tourists.

4. Ensuring business conditions and tourist service standards as prescribed by this Law and other relevant laws throughout the business operation.

Chapter VI

TOURIST GUIDES

Article 58. Tourist Guides, Tourist Guide Cards

1. Tourist guides include international tourist guides, domestic tourist guides, and site tourist guides.

2. The scope of practice of tourist guides is as follows:

a) International tourist guides can guide both domestic and international tourists within the country and escort tourists abroad;

b) Domestic tourist guides can guide domestic tourists who are Vietnamese citizens within the country;

c) Site tourist guides can guide tourists within the scope of tourist areas and sites.

3. Conditions for practicing as a tourist guide include:

a) Possessing a tourist guide card;

b) Having a labor contract with a travel service business enterprise or a tourist guide service provider, or being a member of a social-professional organization for tourist guides for international and domestic tourist guides;

c) Having a guiding contract with a travel service business enterprise or a written assignment for guiding according to a tour program; for site tourist guides, there must be an assignment from the organization or individual managing the tourist area or site.

4. Tourist guide cards include international tourist guide cards, domestic tourist guide cards, and site tourist guide cards.

International tourist guide cards and domestic tourist guide cards have a validity period of five years.

5. The fee for reviewing and issuing tourist guide cards shall be implemented according to the laws on fees and charges.

Article 59. Conditions for Issuing Tour Guide Cards

1. The conditions for issuing domestic tour guide cards include:

a) Having Vietnamese nationality and residing in Vietnam;

b) Having full civil capacity;

c) Not suffering from infectious diseases and not using narcotics;

d) Graduating from a secondary vocational school or higher in tourism guiding; in cases where one graduates from a secondary vocational school or higher in another field, they must have a certificate in domestic tourism guiding business.

2. The conditions for issuing international tour guide cards include:

a) The conditions stipulated at points a, b, and c of Clause 1 of this Article;

b) Graduating from a college or higher in tourism guiding; in cases where one graduates from a college or higher in another field, they must have a certificate in international tourism guiding business;

c) Proficiently using the foreign language registered for business.

3. The conditions for issuing tour guide cards at points include:

a) The conditions stipulated at points a, b, and c of Clause 1 of this Article;

b) Meeting the requirements of the tourism guiding business skills test organized by the provincial tourism specialized agency.

4. The Minister of Culture, Sports and Tourism shall provide detailed regulations on the model of the card, training and retraining content, organization of examinations, issuance of certificates in tourism guiding business; content of the tourism guiding business skills test at points; standards for proficient use of foreign languages.

Article 60. Documents, Procedures, Formalities, and Authority for Issuing International Tour Guide Cards and Domestic Tour Guide Cards

1. The documents for requesting issuance of international tour guide cards and domestic tour guide cards include:

a) A request form for issuance of a tour guide card according to the model prescribed by the Minister of Culture, Sports and Tourism;

b) A curriculum vitae with confirmation by the People's Committee of the commune where the applicant resides;

c) Certified copies of relevant diplomas and certificates corresponding to the conditions stipulated at point d of Clause 1 or points b and c of Clause 2 of Article 59 of this Law;

d) A health certificate issued by a medical facility authorized to issue such certificates within a period not exceeding six months from the date of submission of the application;

đ) Two color photographs measuring 3 cm x 4 cm.

2. The procedures, formalities, and authority for issuing international tour guide cards and domestic tour guide cards are regulated as follows:

a) The person requesting issuance of a tour guide card submits one set of documents to the provincial tourism specialized agency;

b) Within fifteen days from the date of receipt of valid documents, the provincial tourism specialized agency issues the tour guide card to the applicant; in case of refusal, it must respond in writing and specify the reasons.

Article 61. Documents, Procedures, Formalities, and Authority for Issuing Tour Guide Cards at Points

1. The documents for requesting issuance of tour guide cards at points include:

a) A request form for issuance of a tour guide card according to the model prescribed by the Minister of Culture, Sports and Tourism;

b) The documents stipulated at points b, d, and đ of Clause 1 of Article 60 of this Law.

2. The procedures, formalities, and authority for issuing tour guide cards at points are regulated as follows:

a) The provincial tourism specialized agency periodically announces plans to organize tourism guiding business skills tests at points annually;

b) The person requesting issuance of a tour guide card at points submits one set of documents to the provincial tourism specialized agency;

c) The provincial tourism specialized agency organizes the test and issues the tour guide card at points to those who meet the test requirements within ten days from the date of receiving the test results.

Article 62. Issuance of New Tour Guide Cards

1. International tour guides and domestic tour guides shall submit applications for issuance of new tour guide cards when their current cards expire.

2. The application dossier for issuance of new tour guide cards includes:

a) An application form for issuance of new tour guide cards as prescribed by the Minister of Culture, Sports and Tourism;

b) Documents specified at points b, d, and đ Clause 1, Article 60 of this Law;

c) A certified copy of the certificate of completion of the knowledge update course for tour guides issued by the competent state authority;

d) The previously issued tour guide card.

3. The procedures for issuance of new tour guide cards are as follows:

a) The applicant submits one set of the application dossier to the competent state authority issuing the card;

b) Within ten days from the date of receipt of a valid application dossier, the competent state authority issuing the card shall issue a new tour guide card to the applicant; in case of refusal, it must provide a written response stating the reasons.

4. The Minister of Culture, Sports and Tourism shall specify details regarding the knowledge update courses and certificates thereof for international and domestic tour guides.

Article 63. Reissuance of Tour Guide Cards

1. Tour guide cards shall be reissued in cases of loss, damage, or changes in information on the card. The validity period of the reissued tour guide card shall be equal to the remaining validity period of the previously issued card.

2. The application dossier for reissuance of tour guide cards includes:

a) An application form for reissuance of tour guide cards as prescribed by the Minister of Culture, Sports and Tourism;

b) Two color passport-sized photographs measuring 3 cm x 4 cm;

c) A certified copy of relevant documents concerning the changed content in cases where the reissuance is due to changes in information on the tour guide card.

3. The procedures for reissuance of tour guide cards are as follows:

a) The applicant submits one set of the application dossier to the competent state authority issuing the card;

b) Within ten days from the date of receipt of a valid application dossier, the competent state authority issuing the card shall reissue the tour guide card to the applicant; in case of refusal, it must provide a written response stating the reasons.

Article 64. Revocation of Tour Guide Cards

1. Tour guide cards shall be revoked in cases where tour guides commit any of the following acts:

a) Endangering national sovereignty, national interests, defense, and security;

b) Allowing another individual to use their tour guide card for practice;

c) Failing to meet the conditions for practice and issuance of tour guide cards as stipulated by this Law;

d) Falsifying application dossiers for issuance, issuance of new, or reissuance of tour guide cards.

2. The competent state authority issuing tour guide cards shall decide to revoke the tour guide card and publicly announce such revocation on the electronic management portal of the Vietnam National Administration of Tourism and the revoking authority.

3. Tour guides whose cards have been revoked may only apply to the competent state authority issuing tour guide cards for a new card twelve months after the date of revocation.

Article 65. Rights and Obligations of Tour Guides

1. Tour guides have the following rights:

a) Participate in social-professional organizations related to tour guiding;

b) Receive salary and other remuneration according to the contract;

c) Attend courses for updating knowledge, expertise, vocational skills, and tour guiding techniques;

d) In case of emergency or force majeure, have the right to change the travel program and adjust the standards and services for tourists.

2. Tour guides have the following obligations:

a) Guide tourists according to assigned tasks or the guiding contract;

b) Adhere to and guide tourists to adhere to Vietnamese laws, laws of the destination country, and internal regulations of visited sites; respect local customs and traditions;

c) Inform tourists about the travel program, services, and their legitimate rights and interests;

d) Guide tourists strictly according to the travel program, with courteous, attentive, and thorough service; report to the business service manager to decide on changing the travel program if requested by tourists;

đ) Have the responsibility to support in ensuring the safety of tourists' lives, health, and property;

e) Participate in knowledge update courses as stipulated in Clause 4, Article 62 of this Law;

g) Wear the tour guide identification card while performing tour guiding duties;

h) International tour guides and domestic tour guides must carry the task assignment document from the organizing company and the travel program in Vietnamese while performing tour guiding duties. In cases of guiding international tourists, tour guides must carry the travel program in both Vietnamese and foreign languages.

Article 66. Management Responsibilities for Tour Guides

1. The Ministry of Culture, Sports and Tourism is responsible for inspecting and supervising the issuance of tour guide identification cards, training and vocational upgrading activities for tour guides, and tour guiding activities nationwide.

2. Provincial tourism specialized agencies are responsible for inspecting and supervising training and vocational upgrading activities for tour guides and tour guiding activities within their jurisdiction.

3. Travel service businesses and tour guiding service providers have the following responsibilities:

a) Inspect and supervise tour guides' compliance with laws and contracts signed with the business;

b) Upgrade tour guides' knowledge, expertise, vocational skills, and tour guiding techniques.

Chapter VII

TOURISM PROMOTION AND DEVELOPMENT SUPPORT FUND

Section 1

PROMOTION OF TOURISM

Article 67. Contents of Tourism Promotion

1. Promote and introduce Vietnam's country, people, cultural heritage, historical-cultural relics, scenic spots, human labor achievements, and national cultural identity to enhance tourist attraction.

2. Develop and build the national, regional, and local tourism brands, research the tourism market, develop and promote tourism products that meet tourists' preferences.

3. Publicize to raise societal awareness about tourism, contributing to ensuring a secure, safe, healthy, and civilized tourism environment, promoting the traditional hospitality of the nation.

4. Mobilize resources, seek opportunities, and focus on investing in developing tourism infrastructure and technical facilities; diversify and improve the quality of tourism services.

Article 68. Tourism Promotion Activities

1. The Ministry of Culture, Sports and Tourism shall develop and implement national tourism promotion strategies, plans, and programs; coordinate cross-regional and inter-provincial tourism promotion activities.

2. Ministries, ministerial-level agencies, People's Committees at all levels, within their respective duties and authorities, shall develop and implement tourism promotion plans and programs in accordance with their fields and areas of management, consistent with the national tourism promotion strategies, plans, and programs.

3. Tourism-related social-professional organizations, businesses, organizations, and individuals related to tourism shall proactively develop and implement domestic and international tourism promotion plans and programs consistent with the national tourism promotion strategies, plans, and programs, establish overseas tourism promotion offices, and include the costs of tourism promotion activities in business expenses.

Article 69. Establishment of Representative Offices in Vietnam of Foreign Tourism Authorities and International and Regional Tourism Organizations

1. Foreign tourism authorities, international and regional tourism organizations may establish representative offices in Vietnam.

2. The application dossier for establishing a representative office must be legalized by consular authentication and shall include:

a) An application form for establishing a representative office as prescribed by the Minister of Culture, Sports and Tourism;

b) Decision on the establishment of foreign tourism authorities, international and regional tourism organizations;

c) Decision on the establishment of a representative office of foreign tourism authorities, international and regional tourism organizations;

d) Decision on appointing the head of the representative office.

3. The procedures for establishing a representative office in Vietnam are as follows:

a) The head of the representative office submits one set of application documents to the Ministry of Culture, Sports and Tourism;

b) Within thirty days from the date of receipt of valid application documents, the Ministry of Culture, Sports and Tourism shall examine and report; of the Prime Minister to consider and decide;

c) Within five working days from the date of receipt of the Prime Minister’s opinion, the Ministry of Culture, Sports and Tourism shall notify the head of the representative office in writing.

Section 2

TOURISM DEVELOPMENT SUPPORT FUND

Article 70. Establishment of the Tourism Development Support Fund

1. The Tourism Development Support Fund is a state financial fund outside the budget, having legal personality, its own seal and bank account, established and approved by the Prime Minister for organizational and operational regulations.

2. The Tourism Development Support Fund is exempted from taxes and other budgetary payments according to the law.

3. The Tourism Development Support Fund is formed from the following sources:

a) Charter capital provided by the state budget;

b) Annual supplementary budget from a portion of fees collected from sightseeing, visa issuance, and other documents related to exit and entry for foreigners;

c) Legal donations and voluntary contributions from domestic and foreign businesses, organizations, and individuals.

d) Other lawful income sources as prescribed by law.

4. The Government shall provide detailed regulations on Clause 3 of this Article.

Article 71. Purpose of the Tourism Development Support Fund

1. Promoting domestic and international tourism.

2. Supporting market research and tourism product development.

3. Supporting training and capacity building for tourism human resources.

4. Supporting tourism communication activities within communities.

Article 72. Principles of Operation of the Tourism Development Support Fund

1. Not for profit purposes; maintaining the registered capital and self-covering management expenses.

2. Implementing income and expenditure, final accounts, financial transparency, asset disclosure, and accounting work in accordance with the provisions of the law.

3. Being subject to inspection, audit, and state audit on the financial activities of the Tourism Development Support Fund by the competent state management agencies.

4. Ensuring transparency, thriftiness, efficiency, appropriate use for intended purposes, and compliance with legal regulations.

5. The surplus of the Tourism Development Support Fund from the previous year shall be carried over to the next year for continued use.

Chapter VIII

The content of state management of tourism includes:

Article 73. Responsibilities of the Government in State Management of Tourism

1. The Government uniformly manages state administration of tourism.

2. The Ministry of Culture, Sports and Tourism is the lead agency assisting the Government in implementing state management of tourism and has the following responsibilities and authorities:

a) Issuing or submitting to the competent state authority for issuance and organizing implementation of legal normative documents on tourism; strategies, plans, policies for tourism development; lists of potential sites for national tourist areas;

b) Coordinating and linking cross-border, regional, and provincial tourism activities;

c) Establishing national standards and technical regulations on tourism; building databases for tourism management;

d) Cooperating with relevant agencies and tourism-related social organizations to disseminate and educate about tourism laws;

đ) Organizing and managing training and capacity building for tourism human resources; researching and applying science and technology in the tourism sector; guiding electronic transactions in the tourism sector;

e) Conducting surveys and evaluating tourism resources;

g) Implementing international cooperation in tourism; promoting tourism both domestically and internationally;

h) Managing and organizing the issuance, revocation of tour guide licenses and other certification documents related to tourism activities;

i) Socializing investment and development of tourism products, promotion, training, and capacity building for tourism human resources;

k) Inspecting, auditing, resolving complaints and grievances, and handling violations of tourism laws.

Article 74. Responsibilities of Ministries and Agencies Equivalent to Ministries in State Management of Tourism

1. Ministries and agencies equivalent to ministries, within their respective duties and powers, have the responsibility to coordinate with the Ministry of Culture, Sports and Tourism in implementing state management of tourism.

2. The Ministry of Planning and Investment takes the lead, coordinating with the Ministry of Culture, Sports and Tourism, and relevant state agencies in issuing or submitting to the competent state authority for issuance of preferential policies and support for investment in the tourism sector; mobilizing resources and attracting investment for tourism development; integrating contents related to tourism development into strategies, programs, plans, and economic and social development programs.

3. The Ministry of Finance takes the lead, coordinating with the Ministry of Culture, Sports and Tourism, and relevant state agencies in issuing or submitting to the competent state authority for issuance of financial and tax policies, and customs policies to facilitate tourism development; ensuring financial resources for national tourism promotion activities.

4. The Ministry of Industry and Trade takes the lead, coordinating with the Ministry of Culture, Sports and Tourism, and relevant state agencies in issuing or submitting to the competent state authority for issuance of policies encouraging production and supply of high-quality goods, souvenirs, handicrafts, and services to develop tourism; establishing duty-free shops serving tourists at key tourist areas; integrating tourism promotion into trade promotion.

5. The Ministry of Foreign Affairs takes the lead, coordinating with the Ministry of Culture, Sports and Tourism, and relevant state agencies in publicizing and promoting the image, country, and people of Vietnam; advising on visa policies to serve tourism development.

Article 75. State Management Responsibilities for Tourism of People's Committees at All Levels

1. The People's Committee of the province shall implement state management over tourism within its scope of tasks and powers, and concretize strategies, plans, policies for tourism development that are suitable to the actual conditions of the locality.

2. The People's Committees at all levels shall have the following responsibilities:

a) Issuing or submitting to competent state agencies for issuance of preferential policies and investment attraction measures to exploit the potential and strengths of tourism in the locality; supporting community-based tourism development;

b) Managing tourism resources, tourist areas, tourist sites, tourism business activities, and tour guiding services within their jurisdiction;

c) Ensuring security, public order, social safety, environment, food safety in tourist areas, tourist sites, and places with a high concentration of tourists;

d) Promoting propaganda to raise public awareness to ensure a friendly, healthy, and civilized tourism environment;

đ) Organizing parking arrangements for transportation vehicles with tourist transport vehicle license plates to access tourist attractions and accommodation facilities; organizing reviews and installation of signs and directional boards to tourist areas and sites;

e) Organizing the reception and resolution of complaints from tourists;

g) Performing other tasks as prescribed by this Law.

Chapter IX

IMPLEMENTING PROVISIONS

Article 76. Amending and Supplementing the List of Fees and Charges issued together with the Law on Fees and Charges No. 97/2015/QH13

Amend and supplement Item 3.1 and Item 3.2 under Part VII - Fees in the field of culture, sports, and tourism in the List of Fees and Charges issued together with the Law on Fees and Charges No. 97/2015/QH13 as follows:

Article 77. Effective Date

1. This Law shall take effect from January 1, 2018.

2. The Tourism Law No. 44/2005/QH11 shall cease to be effective from the date this Law takes effect.

Article 78. Transitional Provisions

1. Businesses that have been granted International Travel Agency Licenses before the date this Law takes effect shall not need to go through the procedure to change the license, but must ensure compliance with all business conditions stipulated by this Law within twelve months from the date this Law takes effect.

2. Businesses engaged in domestic travel agency services must apply for Domestic Travel Agency Licenses within twelve months from the date this Law takes effect. After this period, without a license, the business shall not be allowed to operate domestic travel agency services.

3. International Tour Guides and Domestic Tour Guides who have been issued tour guide cards before the date this Law takes effect may continue practicing until the expiration date indicated on the card.

4. Accommodation establishments that have been classified according to decisions of competent state agencies before the date this Law takes effect may continue using the recognized classification until the expiration date specified in the decision.

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This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 14th term, third session, on June 19, 2017.