Ordinance No. 11/1999/PL-UBTVQH10 on Tourism

ORDINANCE

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:

In order to develop domestic and international tourism, promote mutual exchanges and understanding among ethnic groups; enhance the effectiveness of state management over tourism and contribute to the economic and social development of the country;

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;

Pursuant to the Resolution of the Xth National Assembly, fourth session on the Program for Law and Ordinance Building during the Xth National Assembly term and the Program for Law and Ordinance Building in 1999;

This Ordinance regulates tourism;

PART I

The Project Owner is the Ministry of Planning and Investment, People's Committees of Hoa Binh, Son La, Lao Cai, Yen Bai, Phu Tho, and Bac Giang provinces. To implement the project and coordinate activities within the Project, the Project Owners establish the Project Management Board.

Article 1. The Socialist Republic of Vietnam recognizes tourism as an important comprehensive economic sector with profound cultural content, inter-sectoral, inter-regional, and highly socialized; developing tourism aims to meet the needs for sightseeing, entertainment, and rest of the people and international tourists, thereby enhancing public awareness, creating jobs, and contributing to the economic and social development of the country.

Article 2. This Ordinance governs tourism activities, determining the rights and obligations of tourists, and the rights and obligations of organizations and individuals engaged in tourism business within the Socialist Republic of Vietnam.

Article 3The State uniformly manages tourism activities; ensuring the development of tourism in the direction of cultural tourism and ecological tourism, preserving and promoting the cultural identity and fine traditions of the Vietnamese nation.

Article 4The State respects and protects the legitimate rights and interests of tourists; encourages and creates favorable conditions for Vietnamese citizens to travel domestically and internationally, overseas Vietnamese, and foreigners to visit Vietnam for tourism purposes.

Article 5The State protects the legitimate rights and interests of organizations and individuals engaged in tourism business; encourages various economic sectors to participate in the development of tourism.

Article 6The State implements policies and measures to implement planning for tourism development and tourism promotion; invests appropriately to build infrastructure and technical facilities for tourist areas and key tourist spots. The State takes measures to protect, restore, exploit, and use natural resources reasonably to develop sustainable tourism.

, Clause 1, Clause 2 Article 7a of this Regulation.The State encourages the expansion of international cooperation in tourism based on equality and mutual benefit, in accordance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam has signed or acceded.

Article 8. All tourism activities that adversely affect the environment, cultural identity, and fine traditions of the nation, harm national independence, sovereignty, national defense, security, and social order and safety are strictly prohibited.

Article 9State agencies, economic organizations, political organizations, socio-political organizations, occupational and social organizations, People's Armed Forces units, and every individual have the responsibility to enforce laws on tourism and participate in tourism development. The Vietnam Fatherland Front and its member organizations have the responsibility to publicize and mobilize the people to participate in tourism development, preserve and protect tourism resources; supervise the enforcement of laws on tourism within their respective duties and powers.

Article 10In this Ordinance, 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: Tourism activities refer to human activities outside the usual place of residence aimed at satisfying the needs for sightseeing, entertainment, and rest for a certain period of time.

2. tourists Tourist refers to a person traveling for tourism or combining tourism with other activities except for studying, working, or practicing a profession to earn income at the destination.

3. Tourism Resources Refers to natural landscapes, historical sites, revolutionary relics, cultural values, and creative works of humans that can be utilized to satisfy tourism needs, forming the basic elements to create tourist attractions and tourist areas, thus attracting tourists.

4. Tourist Spot Is a place with attractive tourism resources capable of attracting tourists.

5. Tourist Area Is a place with tourism resources featuring prominent natural landscapes, planned and developed to meet diverse tourist demands, generating economic and social benefits and environmental benefits.

6. Tourist Route Is the itinerary connecting different tourist spots and tourist areas.

7. Tourism Business Refers to the implementation of one or more stages of the tourism activity process or providing tourism services in the market with the aim of profit-making.

8. Travel Agency Refers to the execution of a pre-planned tour according to a schedule, route, and program.

9. Tourist Accommodation Facilities Accommodation Facility for Tourists

10. 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. Tourism Promotion

Chapter II

Refers to activities aimed at seeking and promoting opportunities for tourism development.

PROTECTION, EXPLOITATION, USE AND DEVELOPMENT OF TOURISM RESOURCES

Article 11Tourism resources include exploited tourism resources and unexploited tourism resources:

Based on the provisions of the Government, the competent state management agency for tourism shall be responsible for identifying areas with tourism resources.

The State uniformly manages tourism resources throughout the country.

Article 12. The state management agency for tourism, ministries, ministerial-level agencies, government-affiliated agencies, and local people's committees at all levels manage tourism resources and related resources and are responsible for coordinating in the protection, exploitation, reasonable use, and development of tourism resources.

Article 13State agencies, economic organizations, political organizations, socio-political organizations, social organizations, occupational and social organizations, People's Armed Forces units, and every individual have the responsibility to protect tourism resources.

Any acts infringing upon tourism resources must be dealt with strictly in accordance with the law.

Article 14Organizations and individuals engaged in tourism business have the responsibility to protect, exploit, use tourism resources reasonably and effectively, and protect the environment in tourist areas, tourist routes, and tourist spots.

Organizations and individuals managing tourism resources in tourist spots and tourist areas may collect fees and charges. The Government shall specify the details of the collection, management, and use of fees and charges.

Article 15The planning, design, and construction of projects in tourist spots and tourist areas must comply with the law and obtain intention the agreement of the competent state management agency for tourism.

Article 16. The State invests in basic investigations regarding tourism resources; prioritizes investment in projects to protect and restore tourism resources at tourist sites and tourist areas; implements policies to encourage organizations and individuals to invest in protecting, restoring, utilizing, and developing tourism resources.

Chapter III

PROMOTION OF TOURISM

Article 17. The State has policies and measures to promote tourism mainly as follows:

1\. Widely publicize and introduce Vietnam's country, people, scenic spots, historical relics, revolutionary sites, cultural heritages, creative works of human labor, and national cultural characteristics to domestic and international friends.

2\. Enhance social awareness about tourism, create a civilized, healthy, safe tourism environment, and promote the traditional hospitality of the nation.

3\. Develop diverse, unique, high-quality tourist sites and areas with strong national cultural characteristics throughout the country, each region, and each locality.

4\. Develop infrastructure, material and technical facilities for tourism, diversify and improve the quality of tourism services.

Article 18. The State has policies to encourage and facilitate conditions for organizations and individuals to invest in the following fields:

1\. Training and developing human resources for tourism.

2\. Promoting and advertising tourism.

3\. Researching science, applying, and implementing advanced technology in the field of tourism.

4\. Modernizing transportation means, communication facilities, and equipment related to tourism activities.

5\. Building infrastructure for tourist routes, tourist sites, and tourist areas.

6\. Building and upgrading material and technical facilities for tourism in key tourist areas.

7\. Producing souvenirs, handicrafts; restoring and developing traditional trades.

8\. Improving the quality of travel agency, guiding, accommodation, and tourist transportation services.

9\. Exploiting tourism potential in areas with difficult socio-economic conditions and particularly difficult socio-economic conditions.

Article 19. The State encourages voluntary contributions in money and effort from domestic and foreign organizations and individuals to promote tourism, protect, restore, and develop tourism resources.

The Government establishes a tourism development fund using part of the annual state budget revenue from tourism business operations and contributions from tourism business organizations and other domestic and foreign organizations. Management and use of this fund shall be regulated by the Government.

Chapter IV

TOURIST GUESTS

Article 20. Tourist guests include domestic tourists and international tourists.

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

International tourists are foreigners, overseas Vietnamese entering Vietnam for tourism, and Vietnamese citizens and foreigners residing in Vietnam traveling abroad for tourism.

Article 21. Tourist guests have the following rights:

1\. To choose part or all of the tourism program and tourism services provided by tourism business organizations and individuals.

2\. To request tourism business organizations and individuals to provide necessary information on the tourism program and services.

3\. To be facilitated in exit, entry, transit, accommodation, movement, and customs procedures.

4\. To enjoy tourism services according to the contract.

5\. To be guaranteed safety of life and property during the trip.

6\. To be compensated for losses caused by the fault of tourism business organizations and individuals.

7\. To lodge complaints, file accusations, and initiate lawsuits against violations of tourism laws.

8\. Other rights as prescribed by law.

Article 22. Tourist guests have the following obligations:

1\. To respect and maintain natural scenery, scenic spots, environment, historical and revolutionary relics, cultural heritage, ethnic customs, and social order and security at the destination.

2\. To comply with internal regulations and rules of tourist areas, accommodations, and tourist sites.

3\. To pay for tourism services according to the contract and fees and charges as prescribed by law.

4\. To compensate for losses caused to tourism business organizations and individuals.

5\. To respect and comply with other provisions of law.

Article 23. The State applies necessary measures to prevent risks, ensure the safety of life and property of tourist guests, and prevent unfair gains from their exploitation.

Chapter V

TOURISM BUSINESS

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country.". Organizations and individuals engaged in tourism business must comply with the provisions of this Ordinance and other relevant laws.

Article 25. Tourism business occupations include:

1\. Domestic and international travel agency business.

2\. Tourism accommodation business.

3\. Tourism passenger transport business.

4\. Other tourism service businesses.

Article 26. Organizations and individuals may register to engage in the occupations specified in Article 25 of this Ordinance, but they must have a main tourism business occupation. In the case of domestic travel agency business and international travel agency business, organizations and individuals must establish a company.

Article 27. To establish a tourism company, register for tourism business, organizations and individuals must meet the following conditions:

1\. Having staff knowledgeable in specialized fields, fit for the business occupation and scale.

2\. Having a feasible business plan for tourism.

3\. Having necessary material and technical facilities suitable for the business occupation and scale.

4\. Having a suitable business location for the tourism business occupation.

Article 28. Procedures for establishing, splitting, merging, dissolving, declaring bankruptcy of tourism companies, and registering for tourism business of organizations and individuals are carried out in accordance with the law.

The establishment of tourism companies, registration for tourism business of tourism companies and other companies engaging in tourism business must have the agreement of the competent state management agency for tourism.

Article 29. The establishment of branches and representative offices of Vietnamese tourism enterprises abroad must have the agreement of the competent state management agency for tourism.

The establishment of representative offices of foreign tourism enterprises in Vietnam to promote tourism must be permitted by the competent state management agency for tourism.

The establishment and operation of foreign tourism enterprise branches in Vietnam shall be decided by the Government.

Article 30.

1. To engage in domestic travel agency business, enterprises must meet the conditions stipulated in Article 27 of this Ordinance and the following conditions:

a) Have a tour program for domestic tourists;

b) Deposit a guarantee fund as prescribed by the Government.

2. Domestic travel agencies may not engage in international travel agency business.

Article 31.

1. To engage in international travel agency business, enterprises must meet the conditions stipulated in Article 27 of this Ordinance and the following conditions:

a) Have a tour program for international tourists;

b) Have tour guides suitable for the tour program for international tourists;

c) Deposit a guarantee fund as prescribed by the Government.

2. International travel agencies may engage in domestic travel agency business and must have a tour program for domestic tourists.

3. International travel agencies may only use individuals with Tour Guide Cards to guide tours for international tourists.

Article 32.

1. Individuals providing tour guiding services for international tourists must hold a Tour Guide Card.

2. To be issued a Tour Guide Card, individuals must meet the following conditions:

a) Be a Vietnamese citizen;

b) Possess good moral character and conduct;

c) Be in good health;

d) Proficiently speak at least one foreign language;

đ) Hold a bachelor's degree in tour guiding or another relevant field and possess a training certificate in tour guiding issued by an authorized training institution.

3. The Tour Guide Card shall be issued by the competent state management agency for tourism.

Article 33Organizations and individuals engaged in tourism accommodation operations must have accommodation facilities that meet the standards set by the competent state management agency for tourism. Tourism accommodation facilities must be classified according to the regulations of the competent state management agency for tourism.

Organizations and individuals engaged in tourism transportation operations by road and waterway must meet the conditions and standards regarding transportation means and their operators as prescribed by law.

Article 34Transportation means operators dedicated to tourist transportation must undergo training in tourist transportation operations.

Tourism businesses have the following rights:

Article 35. 1. To choose business activities as provided for in Articles 25 and 26 of this Ordinance;

2. To be protected by the State in their lawful tourism business activities;

3. To join professional associations and promote tourism.

Tourism businesses have the following obligations:

4. Other rights as prescribed by law.

Article 362. To operate within the scope of business specified in the business license or registration certificate; display signs, main office addresses, branch and representative office locations publicly;

1. To comply with Vietnamese law;

3. To fulfill all obligations under contracts with tourists fully; be responsible for services and goods sold to tourists, disclose service and product prices; take measures to ensure the safety of lives and property and provide necessary information about the trip to tourists; guide tourists on the rules and regulations of the destination;

4. To compensate for losses caused to tourists;

5. To comply with State regulations on reporting, accounting, statistics, publicity, and advertising.

INTERNATIONAL COOPERATION IN TOURISM

Chapter VI

The State has policies and measures to promote international cooperation in tourism with countries and international organizations on the basis of equality and mutual benefit; in accordance with each party’s laws and international practices to develop tourism, contribute to strengthening cooperative and friendly relations and mutual understanding among nations.

Article 37International cooperation in tourism includes the following main contents:

Article 38. 1. Promoting and advertising tourism;

2. Developing tourist sources;

3. Participating in international and regional tourism organizations;

4. Developing tourism human resources;

5. Conducting scientific research, applying and transferring advanced technology in the tourism sector;

6. Exchanging experts, sharing experiences in developing tourism;

7. Conducting basic surveys, protecting, restoring, exploiting, using and developing tourism resources;

8. Building and implementing tourism development projects;

9. Protecting the environment at tourist sites and resorts.

The competent state management agency for tourism in Vietnam may participate in international and regional tourism organizations and establish tourism offices abroad pursuant to decisions of the Prime Minister.

Article 39The establishment of foreign state tourism management agencies' and international tourism organizations' representative offices in Vietnam shall be carried out in accordance with decisions of the Prime Minister.

Vietnamese tourism associations and tourism enterprises may participate in international tourism associations in accordance with the provisions of the law.

The State creates favorable conditions for the cooperation in tourism between foreign organizations and individuals, overseas Vietnamese, and Vietnamese organizations and individuals in accordance with the contents stipulated in Article 38 of this Ordinance.

Article 40. Foreign organizations and individuals, overseas Vietnamese investing in building infrastructure for tourist destinations and within tourist areas; developing tourism human resources; protecting, restoring, and developing tourism resources; improving the ecological environment; conducting scientific research on tourism; researching and developing new types of tourism in Vietnam shall enjoy preferential treatment as prescribed by law.

STATE MANAGEMENT OF TOURISM

Chapter VII

The content of state management of tourism includes:

Article 411. Issuing and organizing the implementation of legal normative documents on tourism;

2. Formulating and directing the implementation of strategies, plans, policies, and development programs for tourism;

3. Regulations on the organizational structure of state management of tourism, coordination among state agencies in managing tourism.

3. Provisions on the organizational structure of state management bodies for tourism and on the coordination among state agencies in state management of tourism;

4. Organize and manage training, development, and human resource development in tourism, research and application of science and technology, protection of tourism resources and environment, preservation and promotion of cultural identity and traditional customs of the nation in tourism activities;

5. Organize and manage tourism promotion and international cooperation in tourism;

6. Issue and revoke permits and certificates in tourism activities;

7. Inspect, investigate complaints and denunciations, and handle violations of tourism laws;

Article 42.

1. The Government shall uniformly manage state administration over tourism, with the following tasks and powers:

a) Submit draft laws and ordinances on tourism to the National Assembly and the Standing Committee of the National Assembly;

b) Issue regulations on standards for tourist areas, routes, and sites at national and local levels, and other regulatory legal documents on tourism;

c) Approve and direct the implementation of strategies, plans, and programs for tourism development;

d) Direct the organization and coordination of activities related to tourism development;

đ) Perform other tasks and powers in state management over tourism;

2. The Prime Minister decides on the establishment of national tourist areas, national tourist routes, and national tourist sites, and stipulates the management of national tourist areas and sites;

1. The "Labor Medal" second class shall be awarded or posthumously awarded to individuals meeting one of the following criteria:The Tourism Administration is an agency under the Government, responsible to the Government for performing state management functions in tourism, with the following tasks and powers:

1. Submit draft laws, ordinances, resolutions, decrees, decisions, and other regulatory legal documents as provided for in Articles 41 and 42 of this Ordinance to the Government and the Prime Minister;

2. Issue regulations on standards for classification of tourism accommodation facilities, and other regulatory legal documents on tourism within its authority;

3. Implement strategies, plans, policies, and programs for tourism development;

4. Implement training, development, and human resource development in tourism, and research and application of science and technology in the tourism sector;

5. Implement tourism promotion and international cooperation in tourism;

6. Issue and revoke International Travel Agency Licenses, Tour Guide Cards, Accommodation Facility Classification Certificates, and Licenses for Establishing Representative Offices of Foreign Tourism Enterprises in Vietnam;

7. Inspect, investigate complaints and denunciations, and handle violations of tourism laws within its authority;

8. Perform other tasks and powers in state management over tourism as prescribed by law;

Article 44.

1. Ministries, ministerial-level agencies, and agencies under the Government, within their respective tasks and powers, shall cooperate with the Tourism Administration in implementing state management over tourism, creating favorable conditions for tourism development;

2. The Government shall specify the responsibilities of ministries, ministerial-level agencies, and agencies under the Government in implementing the tasks prescribed in Clause 1 of this Article;

Article 45 |||Provincial People's Committees and municipal people's committees directly under the central government shall implement state management over tourism at the local level, with the following tasks and powers:

1. Based on approved strategies, plans, and programs for tourism development, decide on the establishment of local tourist areas, routes, and sites, and stipulate the management of local tourist areas and sites;

2. Manage tourism resources and other related resources according to the classification by the Government;

3. Manage tourism activities at the local level;

4. Inspect, investigate complaints and denunciations, and handle violations of tourism laws within its authority;

5. Perform other tasks and powers in state management over tourism as prescribed by law;

Article 46 |||District People's Committees, urban district People's Committees, and town People's Committees under provinces shall implement state management over tourism at the local level in accordance with the law.

Article 47 |||Commune People's Committees, ward People's Committees, and town People's Committees shall be responsible for ensuring order, safety, civility, and environmental sanitation at tourist sites; preserving and protecting tourism resources and other related resources; and performing other tasks and powers in state management over tourism as prescribed by law.

Article 48Tourism inspection is specialized inspection in tourism.

The organization, tasks, and powers of the Tourism Inspection are regulated by the Government.

Chapter VIII

REWARD AND VIOLATION HANDLING

Article 49Organizations and individuals who have achievements in developing tourism shall be commended in accordance with the law.

Article 50. Any person who violates the provisions of this Ordinance and other laws on tourism shall be subject to administrative sanctions or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be made in accordance with the law.

Article 51Organizations and individuals engaged in tourism without a permit, without registration, or conducting business outside the registered scope; guiding international tourists without a Tour Guide Card; engaging in acts aimed at gaining improper benefits from tourists or other violations of laws on tourism shall be subject to administrative sanctions or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be made in accordance with the law.

Article 52.

All acts contrary to the law that obstruct tourism activities shall be dealt with in accordance with the law.

Any person who abuses their position or power to violate the provisions of this Ordinance and other laws on tourism shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be made in accordance with the law.

Chapter IX

IMPLEMENTING PROVISIONS

Article 53All organizations and individuals conducting tourism activities in the Socialist Republic of Vietnam must comply with the provisions of this Ordinance and other relevant laws; in cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such treaty provisions shall apply.

Article 54Licenses and Business Registration Certificates for tourism issued before this Ordinance comes into effect and which are still within their validity period and not contrary to the provisions of this Ordinance shall remain valid.

Article 55This Ordinance takes effect from May 1, 1999.

All previous regulations that are inconsistent with this Ordinance are hereby abolished.

Article 56The Government shall provide detailed regulations and guidance on the implementation of this Ordinance./.