Decree No. 149/2007/ND-CP On Administrative Sanctions for Violations in the Tourism Sector

DECREE

On administrative penalties for violations in the tourism sector

________________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Tourism Law on June 14, 2005;

Pursuant to the Administrative Violation Handling Ordinance dated July 2, 2002;

Considering the proposal of the Minister of Culture, Sports and Tourism,

DECREE:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violation, forms of administrative penalty, fines, authority to impose penalties, procedures for imposing penalties, and measures to remedy consequences in the tourism sector.

2. An administrative violation in the tourism sector is an act that violates state management regulations in the tourism sector, committed intentionally or negligently by individuals or organizations, which is not a criminal offense and must be subject to administrative penalties according to the Administrative Violation Handling Ordinance and this Decree.

3. Acts of administrative violation in the tourism sector specified in this Decree include:

a) Violations of regulations on travel agency operations, tour guiding, and tourist transportation services;

b) Violations of regulations on tourist accommodation operations;

c) Violations of regulations on tourism promotion;

d) Violations of other tourism activity regulations.

4. Other administrative violations in the tourism sector not specified in this Decree shall be handled according to other Government Decrees on administrative penalties for violations under relevant state management regulations.

Article 2. Applicability

1. Vietnamese individuals and organizations and foreign individuals and organizations (collectively referred to as individuals and organizations) commit administrative violations in the tourism sector within the territory of Vietnam.

2. Individuals who have not reached adulthood committing administrative violations in the tourism sector shall be penalized according to Article 7 of the Administrative Violation Handling Ordinance.

3. Civil servants and public officials committing acts prescribed in Chapter II of this Decree while performing their duties shall not be subject to administrative penalties but shall be dealt with according to laws on civil servants and public officials.

Article 3. Principles of Imposition of Sanctions

1. All administrative violations in the tourism sector must be promptly detected and immediately halted. Administrative penalties for violations in the tourism sector must be carried out swiftly, fairly, and thoroughly in accordance with the law; all consequences caused by such violations must be remedied according to the law.

2. Individuals and organizations shall only be subject to administrative penalties when they commit administrative violations as prescribed by law.

3. Administrative penalties in the tourism sector must be imposed by those authorized under Chapter III of this Decree in accordance with the law.

4. A single administrative violation in the tourism sector shall only be penalized once. Individuals and organizations committing multiple administrative violations shall be penalized for each violation separately. When multiple individuals or organizations jointly commit a single administrative violation, each violator shall be penalized.

5. Administrative penalties in the tourism sector must be based on the nature and degree of the violation, the background of the violator, and mitigating and aggravating circumstances to determine the main form of penalty, supplementary forms of penalty, and appropriate remedial measures. Mitigating and aggravating circumstances shall be applied according to Articles 8 and 9 of the Administrative Violation Handling Ordinance.

6. Administrative penalties shall not be imposed in cases of emergency situations, justifiable self-defense, unexpected events, or when the individual is suffering from mental illness or other illnesses that impair their ability to recognize or control their actions.

Article 4. Time Limit for Imposing Administrative Sanctions

1. The time limit for imposing administrative sanctions in the field of tourism is one year, counted from the date the administrative violation was committed. If this period has passed, no administrative sanction will be imposed, but measures to remedy the consequences will still be applied according to Clause 3, Article 6 of this Decree.

2. For individuals who have been indicted, prosecuted, or had a case decided to be brought to trial under criminal proceedings, but later received a decision to terminate the investigation or discontinue the case where the act of violation also constitutes an administrative offense, they shall be subject to administrative sanctions. In this case, the time limit for imposing administrative sanctions is three months, counted from the date the competent authority receives the decision to terminate the investigation and the case file.

3. Within the time limits specified in Clause 1 and Clause 2 of this Article, if an individual or organization commits a new administrative violation in the same field previously violated or deliberately evades or obstructs the imposition of sanctions, the time limits specified in Clause 1 and Clause 2 of this Article shall not apply; the time limit for imposing administrative sanctions shall be recalculated from the date of committing the new administrative violation or the date of ceasing to evade or obstruct the imposition of sanctions.

4. Individuals or organizations that are subject to administrative sanctions in the field of tourism, if within one year from the date of completing the execution of the administrative sanction decision or from the date the enforcement deadline of the administrative sanction decision expires without reoffending, shall be considered as not having been subject to administrative sanctions in the field of tourism.

Article 5. Time Limit for Issuing Administrative Sanction Decision

1. For simple cases with clear violations that do not require additional verification, the administrative sanction decision must be issued within ten days from the date of recording the administrative violation in the violation report. The administrative sanction decision must comply with the format prescribed by the competent authority.

2. For cases with complex circumstances such as evidence requiring examination, identification of the violator, or other complex circumstances, the time limit for issuing the administrative sanction decision is thirty days from the date of recording the administrative violation in the violation report.

3. If it is deemed necessary to extend the time for verification and collection of evidence, the person authorized to impose sanctions must report in writing to their direct superior at least ten days before the expiration of the time limit specified in Clause 2 of this Article to request an extension; the extension must be in writing and shall not exceed thirty days.

4. The person authorized to impose sanctions may not issue an administrative sanction decision in the following cases:

a) When the time limit specified in Clause 1 of this Article has expired;

b) When the time limit for issuing the administrative sanction decision specified in Clause 2 of this Article has expired without requesting an extension or requesting an extension but not being granted permission by the competent authority;

c) When the extended time limit granted by the competent authority has expired.

5. If no administrative sanction decision is issued, the person authorized to impose sanctions may still issue a decision to apply remedial measures as stipulated in Clause 3, Article 6 of this Decree.

Article 6. Forms of Administrative Sanctions and Remedial Measures

1. For each administrative violation, the violator must bear one of the following main forms of administrative sanctions:

a) To issue warnings;

b) Fine.

The maximum fine is up to 30,000,000 dong. When applying a fine, the specific amount of the fine for a single administrative violation is the midpoint of the fine range prescribed for that violation; if there are mitigating circumstances, the fine can be reduced below the midpoint but not below the minimum level of the fine range; if there are aggravating circumstances, the fine can be increased above the midpoint but not exceeding the maximum level of the fine range.

2. Depending on the nature and severity of the violation, the violator may also be subject to one or more supplementary forms of administrative sanctions as follows:

a) Suspension of the right to use the International Travel Agency License or Tour Guide Card for a limited or unlimited period.

b) Confiscation of objects and means used to commit administrative violations.

3. Measures to remedy consequences:

In addition to the main and supplementary forms of administrative sanctions prescribed in Clause 1 and Clause 2 of this Article, depending on the nature and severity of the violation, the violator may also be subject to one or more remedial measures as specifically provided in the Articles of Chapter II of this Decree.

Chapter II

For the act of trading counterfeit goods without utility or function as stipulated in Clause 1, Article 4 of this Decree, the fine shall be as follows:

Section 1

 VIOLATIONS OF REGULATIONS ON TRAVEL AGENCY OPERATIONS, TOUR GUIDING, AND PASSENGER TRANSPORTATION SERVICES

Article 7. Violation of provisions on notification of travel agency business activities

A warning or a fine from VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts:

1. Not notifying in writing the start date of travel agency business operations to the provincial-level tourism administrative body (hereinafter referred to as the provincial-level tourism administrative body) where the enterprise's main office is located within fifteen days from the date the enterprise officially commences business operations.

2. Not notifying in writing changes to the legal representative of the enterprise, changes to the type of enterprise, changes to the name of the enterprise, or changes to the location of the enterprise's main office to the provincial-level tourism administrative body where the enterprise's main office is located within fifteen days from the date of change.

3. Not notifying in writing changes to the person managing the travel agency business operations to the provincial-level tourism administrative body within thirty days from the date the enterprise changes the person managing the travel agency business operations.

4. Not notifying in writing the establishment and start date of branch offices or representative offices of travel agencies to the provincial-level tourism administrative body where the enterprise's main office is located and the provincial-level tourism administrative body where the branch offices or representative offices are located within fifteen days from the date the branch offices or representative offices are established and commence operations.

5. Not notifying in writing changes to the head, name, or location of branch offices or representative offices of travel agencies to the provincial-level tourism administrative body where the enterprise's main office is located and the provincial-level tourism administrative body where the branch offices or representative offices are located within fifteen days from the date of change.

Article 8. Violation of travel agency business regulations

1. A warning or a fine from VND 200,000 to VND 500,000 shall be imposed for any of the following acts:

a) Using a domestic travel agency business manager who has not worked in the travel industry for at least three years;

b) Using an international travel agency business manager who has not worked in the travel industry for at least four years;

c) A domestic or international travel agency business manager who has not worked in the travel industry for the time required by law;

d) Not notifying the authority issuing the International Travel Agency Business License within seven days from the date the International Travel Agency Business License is lost;

đ) A travel contract lacking one of the contents prescribed in Clause 3, Article 52 of the Tourism Law;

2. A fine from VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts:

a) Not having a written tour program for group tourist representatives or individual tourists;

b) Not having a written travel contract with tourists or their representatives as prescribed;

c) Not resolving legitimate requests or complaints of tourists as prescribed by law;

d) Using a tour guide without a written labor contract with the tour guide;

đ) Not providing guidance or information related to the tour program when requested by the receiving travel agency agent;

e) Not clearly, publicly, and honestly informing tourists about the quantity and prices of tourism services;

3. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for any of the following acts:

a) The travel agency business manager using false documentation regarding work experience to manage travel agency business operations;

b) Not implementing or improperly implementing record-keeping and storage of files and documents as prescribed by law;

4. A fine from VND 2,000,000 to VND 3,000,000 shall be imposed for any of the following acts:

a) Using a company name, trade name, or abbreviation that does not match the registered name of the company to conduct business operations;

b) Not promptly notifying the competent authority of accidents, risks, or incidents involving tourists;

c) Using means of transport or equipment that do not ensure the health, safety of life and property of tourists as prescribed by law;

d) Not properly reporting to the Ministry of Culture, Sports and Tourism and provincial-level tourism administrative bodies as prescribed by law;

5. A fine from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Conducting international travel agency business without at least three international tour guides;

b) Using persons without a tour guide card to guide tourists;

c) Not purchasing insurance for Vietnamese tourists traveling abroad during the implementation of the tour program as prescribed;

6. A fine from VND 7,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Not ensuring the required deposit amount for international travel agency business operations as prescribed;

b) Altering or tampering with contents in the International Travel Agency Business License;

c) Collecting money outside the contract or engaging in other improper profit-seeking activities from tourists;

d) Not complying with legal regulations on the management of branches, representative offices, and subordinate units;

đ) Not managing tourists according to signed contracts and tour programs;

e) Falsely declaring contents in the application for issuance, renewal of the International Travel Agency Business License;

g) Not processing the renewal of the International Travel Agency Business License as prescribed by law;

7. A fine from VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following acts:

a) Conducting international travel agency business without an International Travel Agency Business License;

b) Renting or lending out the International Travel Agency Business License;

c) Using another company's International Travel Agency Business License to conduct business;

d) Using foreigners to guide tours in Vietnam;

đ) Conducting travel agency business after announcing suspension, termination, or being ordered by the competent authority to cease travel agency business operations.

8. Additional forms of punishment:

a) Revoke the right to use the International Travel Agency Business License for six months for violations stipulated at points a, d, Clause 4, points a, b, Clause 5 of this Article;

b) Revoke the right to use the International Travel Agency Business License for nine months for violations stipulated at point c, Clause 5 of this Article from three times or more, or failing to purchase insurance for fifty tourists or more;

c) Revoke the right to use the International Travel Agency Business License for one year for violations stipulated at points a, c, d, e, Clause 6, points d, đ, Clause 7 of this Article;

d) Revoke the right to use the International Travel Agency Business License indefinitely for violations stipulated at points b, đ, Clause 6, point b, Clause 7 of this Article, or repeating violations stipulated at points a, d, Clause 4, points a, b, c, Clause 5, points a, c, d, e, g, Clause 6, points d, đ, Clause 7 of this Article;

đ) Confiscate the contraband items for administrative violations stipulated at point a, Clause 3 and point e, Clause 6 of this Article.

9. Remedial measures:

a) Compel to supplement sufficient means and equipment to ensure the health, safety of life and property of tourists for violations stipulated at point c, Clause 4 of this Article;

b) Compel to deposit the full amount of the security deposit for violations stipulated at point a, Clause 6 of this Article;

c) Compel to return to tourists or transfer to the state treasury the assets improperly collected from tourists for violations stipulated at point c, Clause 6 of this Article.

Article 9. Violations concerning agency travel business operations

1. A warning or a fine from VND 200,000 to VND 500,000 shall be imposed for any of the following acts:

a) Failure to notify in writing the start date of agency travel business operations to the provincial tourism authority within fifteen days from the date the agency travel business begins operations;

b) Failure to notify in writing changes in the legal representative, name, or address of the agency travel business to the provincial tourism authority within fifteen days from the date of change.

2. A fine from VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts:

a) Erasing, altering, or reproducing the content of the tour program provided by the travel agency in a manner that distorts it;

b) Selling the tour program at a higher price than that set by the travel agency.

3. Fine from VND 3,000,000 to VND 5,000,000 for any of the following violations:

a) Engaging in agency travel business without registering for agency travel business;

b) Engaging in agency travel business without a written agency travel business contract with a travel business enterprise.

4. Measures to remedy consequences:

Compel to return to tourists or transfer to the state treasury amounts improperly collected for violations stipulated at point b, Clause 2 of this Article.

Article 10. Violations concerning tour guide activities

1. Warning or fine from VND 200,000 to VND 500,000 for tour guides committing any of the following acts:

a) Not wearing the tour guide identification card while practicing;

b) Not carrying the tour program while practicing;

c) Not guiding tourists fully on Vietnamese laws regarding residence, entry, exit during their visit to Vietnam;

d) Not providing full information about the itinerary and tour program to the group representatives and tourists.

2. Fine from VND 500,000 to VND 1,000,000 for tour guides committing any of the following acts:

a) Not having a labor contract with a travel business enterprise;

b) Practicing independently as a tour guide;

e) Not disseminating or guiding tourists on measures to ensure their safety, health, and property while implementing the tour program;

d) Allowing others to use the tour guide identification card;

đ) Using another person's expired tour guide identification card;

e) Using an expired tour guide identification card.

3. Fine from VND 1,000,000 to VND 2,000,000 for tour guides committing any of the following acts:

a) Altering or erasing the content of the tour guide identification card to practice;

b) Using a domestic tour guide identification card to guide foreign tourists;

4. A fine from VND 2,000,000 to VND 3,000,000 shall be imposed for any of the following acts:

a) Guiding tourists without a tour guide identification card as prescribed;

b) Using a fake tour guide identification card to practice;

c) Unilaterally changing the tour program, service standards for tourists;

d) Misrepresenting the cultural, historical value, country, people of Vietnam, adversely affecting the image, traditions, ethics, customs of the Vietnamese nation;

đ) Exploiting tour guide activities to provide explanations or information that affects national security, public order, and social safety;

e) Bringing tourists to restricted areas;

g) Collecting money outside the contract or engaging in other improper gains from tourists.

5. Foreigners who engage in tour guide activities in Vietnam shall be subject to penalties according to the Government Decree on Administrative Penalties in the field of national security and public order, social safety.

6. Additional forms of punishment:

a) Revoke the right to use the tour guide identification card for one year for violations stipulated at point b, Clause 2, point b, Clause 3, points c, d, đ, e, g, Clause 4 of this Article;

b) Revoke the right to use the tour guide identification card indefinitely for violations stipulated at point d, Clause 2 and point a, Clause 3 of this Article, or repeating violations stipulated at points a, b, c, Clause 2, point b, Clause 3, points c, d, đ, e, g, Clause 4 of this Article;

c) Confiscate the items used to commit administrative violations for violations stipulated at point e, Clause 2 and point b, Clause 4 of this Article.

7. Measures to remedy consequences:

Compel to return to tourists or transfer to the state treasury the assets improperly collected from tourists for violations stipulated at point g, Clause 4 of this Article.

Article 11. Violations concerning the operation of tourist transportation services

Acts violating regulations on operating tourist transportation services shall be subject to administrative penalties in accordance with the provisions of Government Decrees on administrative penalties in the field of road traffic, inland waterway traffic, railway transport, maritime affairs, and other Government Decrees on administrative penalties in related state management fields.

Article 12. Violations concerning the establishment and operation of foreign tourism enterprises' branches and representative offices in Vietnam

Acts violating regulations on establishing and operating branches and representative offices of foreign tourism enterprises in Vietnam shall be subject to administrative penalties in accordance with the provisions of the Government Decree on administrative penalties in the field of commerce.

Section 2

VIOLATIONS OF REGULATIONS ON TOURIST ACCOMMODATION OPERATIONS

Article 13. Violations concerning the operation of tourist accommodation

1. Warning or a fine from VND 500,000 to VND 1,000,000 for any of the following acts:

a) Not notifying in writing the start date of tourist accommodation business operations to the provincial-level tourism administration agency within fifteen days from the official commencement of operations;

b) Not notifying in writing changes in the head of the tourist accommodation facility or changes in the name of the tourist accommodation facility to the provincial-level tourism administration agency within fifteen days from the date of change;

c) Not notifying in writing the implementation of additional communication charges in a ranked tourist accommodation facility to the competent authority within fifteen days from the date of implementation;

d) Not complying with the regulations on signboard names and accommodation facility rankings;

đ) Not displaying the ranking signboard of the tourist accommodation facility after being officially ranked by the competent tourism administration authority;

e) Not promulgating and posting internal rules and regulations of the tourist accommodation facility;

g) Not clearly and publicly informing tourists about the quantity, quality, and prices of services and goods provided.

2. A fine from VND 1,000,000 to VND 2,000,000 for failing to comply with or incorrectly implementing record-keeping and storage requirements for business activity documents and materials of the tourist accommodation facility as prescribed by law.

3. A fine from VND 2,000,000 to VND 3,000,000 for any of the following acts:

a) Using equipment and facilities that do not ensure the health, safety of life and property of tourists as prescribed by law;

b) Using a business name, trading name, or abbreviation that does not match the registered name of the tourist accommodation facility to conduct business activities;

c) Not correctly implementing reporting requirements to the Ministry of Culture, Sports and Tourism and provincial-level tourism administration agencies as prescribed by law.

4. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Not registering with the competent tourism administration authority for assessment and ranking of the tourist accommodation facility within three months from the official commencement of business operations;

b) Not registering with the competent tourism administration authority for re-assessment and re-recognition of the ranking of the tourist accommodation facility three months before the expiration of the recognized ranking period;

c) Not ensuring technical standards for equipment and service quality corresponding to the recognized ranking of the tourist accommodation facility as prescribed by law;

d) Not ensuring personnel management and service staff standards corresponding to the recognized ranking of the tourist accommodation facility as prescribed by law;

đ) Charging fees for services not in accordance with regulations.

5. A fine from VND 7,000,000 to VND 10,000,000 for any of the following acts:

a) Misrepresenting the ranking of the tourist accommodation facility;

b) Collecting money outside the contract or engaging in other improper profit-making activities from tourists.

6. A fine from VND 10,000,000 to VND 15,000,000 for continuing to operate a tourist accommodation facility after having notified a temporary suspension, cessation, or been ordered by the competent authority to cease operations.

7. Administrative violations in areas such as postal services, telecommunications, banking, culture-information, pricing, fire prevention and control, security and public order, social safety, health, food hygiene and safety, environmental protection, trade, and other areas at tourist accommodation facilities not specified in this Decree shall be subject to penalties according to the relevant Government Decrees on administrative penalties for each area.

8. Additional forms of punishment:

Confiscation of contraband items for violations stipulated in point a, Clause 5, Article 13 of this Decree.

9. Remedial measures:

a) Compelling the provision of sufficient equipment and facilities to ensure the health, safety of life and property of tourists for violations stipulated in point a, Clause 3, Article 13 of this Decree;

b) Compelling the return of improperly collected assets to tourists or transferring them to the state treasury for violations stipulated in point đ, Clause 4, and point b, Clause 5, Article 13 of this Decree.

Article 14. Violation of provisions on trading goods and services subject to conditions in tourist accommodation facilities

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of not registering in writing with the competent state agency when trading goods and services subject to conditions in tourist accommodation facilities that have been ranked.

2. For violations of provisions on trading goods and services subject to conditions not specified in this Decree, the provisions of the Government's Decree on administrative penalties in the field of commerce shall apply.

Section 3

VIOLATIONS OF PROVISIONS ON TOURISM PROMOTION

Article 15. Violations of provisions on tourism promotion activities

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Exploiting tourism promotion activities to harm the legitimate rights and interests of other organizations and individuals;

b) Not implementing or implementing incorrectly the announced and promoted tourism promotional programs;

c) Promoting tourism products that do not match their actual content and quality.

2. For violations of provisions on tourism promotion activities not specified in this Decree, the provisions of the Government's Decrees on administrative penalties in related management fields shall apply.

3. Measures to remedy consequences:

 Order the removal and destruction of promotional and advertising materials, terminate advertising programs for violations stipulated in point c, Clause 1 of this Article.

Article 16. Violations of provisions on organizing trade fairs, exhibitions, displays, and product presentations in tourism

For violations of provisions on trade fairs, exhibitions, displays, and product presentations in tourism, the provisions of the Government's Decree on administrative penalties in the field of commerce shall apply.

Section 4

VIOLATIONS OF OTHER PROVISIONS ON TOURISM ACTIVITIES

Article 17. Violations of provisions on tourism resources and tourism development planning

1. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of exploiting tourism resources contrary to the law in tourist areas, tourist sites, or in areas planned for tourism development.

2. For violations of provisions on the management, exploitation, and use of tourism resources, and tourism development planning not specified in this Decree, the provisions of the Government's Decrees on administrative penalties in related management fields shall apply.

Article 18. Violations of provisions on protecting the tourism environment

1. A warning or a fine of from VND 100,000 to VND 500,000 shall be imposed for any of the following acts:

a) Not posting environmental protection regulations in places easily observed in tourist accommodation facilities, tourist areas, tourist sites, and on tourist transport vehicles;

b) Not arranging waste collection and disposal equipment in tourist accommodation facilities, on tourist transport vehicles, in tourist areas, and tourist sites;

c) Damaging the living environment of wild animals where there are tourism resources;

d) Cutting down, breaking branches, or engaging in other acts causing damage to greenery and vegetation where there are tourism resources.

2. For the act of illegally using rare wild plants and animals for tourism business purposes, the provisions of the Government's Decree on administrative penalties in the field of forest management, forest protection, and forest product management shall apply.

3. For violations of environmental protection provisions not specified in this Decree, the provisions of the Government's Decree on administrative penalties in the field of environmental protection shall apply.

4. Additional forms of administrative punishment:

Confiscate the objects and means used to commit administrative offenses for violations stipulated in point d, Clause 1 of this Article.

5. Measures to remedy consequences:

a) Order the posting of environmental protection regulations as required for violations stipulated in point a, Clause 1 of this Article;

b) Order the arrangement of waste collection and disposal equipment for violations stipulated in point b, Clause 1 of this Article;

c) Order the restoration to its original condition for violations stipulated in point d, Clause 1 of this Article.

Article 19. Violations concerning management and business operations in tourist areas and tourist sites

A warning or a fine from VND 200,000 to VND 1,000,000 shall be imposed for any of the following acts:

1. Not promulgating internal regulations and management rules for tourist areas and tourist sites.

2. Promulgating internal regulations and management rules for tourist areas and tourist sites contrary to the provisions of the law.

3. Violating the management rules of tourist areas and tourist sites.

Article 20. Penalties for obstructing inspection, supervision, and administrative violation handling activities

A fine from VND 1,000,000 to VND 2,000,000 shall be imposed for any of the following acts:

a) Not presenting or not fully presenting relevant documents and materials for inspection, supervision, and violation handling as required by authorized persons or agencies;

b) Presenting illegal documents to evade inspection, supervision, and violation handling.

A fine from VND 2,000,000 to VND 4,000,000 shall be imposed for any of the following acts:

a) Intentionally delaying or evading inspection, supervision, and violation handling by authorized persons or agencies;

b) Removing seals on evidence or means of transportation used in violations or altering the scene of administrative violations without authorization;

c) Disposing of, altering, or substituting evidence under inspection, supervision, or temporary detention;

d) Insulting, assaulting, or opposing authorized persons or agencies performing inspection, supervision, and violation handling duties.

Additional forms of penalties and measures to remedy consequences:

a) Confiscation of evidence and means of transportation used in administrative violations as stipulated at point b, c Clause 2 of this Article.

b) Compelling compliance with decisions made by authorized agencies or persons regarding violations as stipulated in Clause 1 and point a Clause 2 of this Article.

Chapter III

AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE VIOLATION PENALTIES

Article 21. Authority to impose administrative violation penalties of People's Committees at all levels

1. The Chairman of the People's Committee of communes has the authority to impose penalties according to Article 28 of the Ordinance on Handling Administrative Violations for administrative violations specified in this Decree within the local area under their jurisdiction.

2. The Chairman of the People's Committee of districts has the authority to impose penalties according to Article 29 of the Ordinance on Handling Administrative Violations for administrative violations specified in this Decree within the local area under their jurisdiction.

3. The Chairman of the People's Committee of provinces has the authority to impose penalties according to Article 30 of the Ordinance on Handling Administrative Violations for administrative violations specified in this Decree within the local area under their jurisdiction.

Article 22. Authority to impose administrative violation penalties of specialized tourism inspectors

1. Specialized tourism inspectors performing official duties have the authority:

a) To issue warnings;

b) To impose fines up to VND 200,000;

c) To confiscate evidence and means of transportation used in administrative violations valued up to VND 2,000,000;

d) To apply remedial measures as stipulated at points a, b, and d Clause 3 Article 12 of the Ordinance on Handling Administrative Violations;

đ) To exercise other rights as prescribed by laws on handling administrative violations.

2. The Chief Inspector of provincial state agencies responsible for tourism has the authority:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) To revoke the right to use licenses and certificates of practice within their authority;

d) Confiscate objects and means used to commit administrative violations;

đ) To apply remedial measures as stipulated at points a, b, and d Clause 3 Article 12 of the Ordinance on Handling Administrative Violations;

e) To exercise other rights as prescribed by laws on handling administrative violations.

3. The Chief Inspector of the Ministry of Culture, Sports and Tourism has the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) To revoke the right to use licenses and certificates of practice within their authority;

d) Confiscate objects and means used to commit administrative violations;

đ) To apply remedial measures as stipulated at points a, b, and d Clause 3 Article 12 of the Ordinance on Handling Administrative Violations;

e) To exercise other rights as prescribed by laws on handling administrative violations.

Article 23. Competence to impose administrative penalties of the People's Public Security Organs, Maritime Police, Border Guard Force, and specialized inspection agencies

Clause 1. The person authorized to impose administrative penalties of the People's Public Security Organs, Maritime Police, and Border Guard Force has the authority to impose penalties according to the provisions of the Administrative Violation Handling Ordinance for administrative violations stipulated in this Decree within their jurisdictional areas and fields.

Clause 2. The person authorized to impose administrative penalties of other specialized inspection agencies has the authority to impose penalties according to Article 38 of the Administrative Violation Handling Ordinance for administrative violations stipulated in this Decree within their jurisdictional areas and fields.

Article 24. Principles for determining competence to impose administrative penalties and delegating administrative penalty imposition

The principles for determining competence to impose administrative penalties and delegating administrative penalty imposition in the tourism sector shall be carried out according to the provisions of the Administrative Violation Handling Ordinance.

Article 25. Procedures for imposing administrative penalties

The procedures for imposing administrative penalties in the tourism sector shall be carried out according to the provisions of the Administrative Violation Handling Ordinance.

Article 26. Procedure for revoking the right to use licenses and certificates

The procedure for revoking the right to use International Travel Agency Licenses and Tour Guide Cards shall be carried out according to the provisions of Article 59 of the Administrative Violation Handling Ordinance.

Article 27. Procedures for confiscating and handling contraband items and means of violation

The procedures for confiscating and handling contraband items and means of administrative violation in the tourism sector shall be carried out according to the provisions of Articles 60 and 61 of the Administrative Violation Handling Ordinance.

Article 28. Enforcement of administrative penalty decisions

Clause 1. Within ten days from the date of receiving the administrative penalty decision, individuals and organizations penalized in the tourism sector must comply with the penalty decision, except where otherwise provided by law. If individuals and organizations penalized fail to voluntarily comply with the penalty decision beyond the above period, they will be subject to compulsory enforcement according to the provisions of the law.

Clause 2. Individuals and organizations fined must pay the amount specified in the penalty decision at the state treasury and receive a receipt for the fine payment, or directly pay the fine to the person issuing the penalty decision and receive a receipt for the fine payment according to the State regulations.

Clause 3. The procedure for deferring compliance with the administrative penalty decision is carried out according to the provisions of Article 65 of the Administrative Violation Handling Ordinance.

Article 29. Compulsory enforcement of administrative penalty decisions

Clause 1. Individuals and organizations penalized in the tourism sector who do not voluntarily comply with the penalty decision will be subject to compulsory enforcement according to the provisions of Article 66 of the Administrative Violation Handling Ordinance.

Clause 2. When applying measures for compulsory enforcement of administrative penalty decisions, agencies and persons authorized must follow the procedures and formalities for compulsory enforcement according to the provisions of the law on procedures for applying measures for compulsory enforcement of administrative penalty decisions.

Clause 3. The authority to issue a decision on compulsory enforcement of administrative penalty decisions is carried out according to the provisions of Article 67 of the Administrative Violation Handling Ordinance.

Article 30. Provisions on the Application of Measures to Mitigate Consequences

1. The person authorized to impose administrative penalties as stipulated in Articles 21, 22, and 23 of this Decree, when deciding to apply measures to mitigate consequences, must base their decision on legal provisions, the actual extent of damage caused by the administrative violation, and bear responsibility under the law for their decision.

2. Individuals and organizations subject to measures to mitigate consequences must execute such penalties within ten days from the date they are handed the penalty decision, except where otherwise provided by law.

3. In cases where items or means of transportation involved in administrative violations related to tourism must be confiscated or destroyed, the provisions of Articles 60 and 61 of the Administrative Violation Handling Ordinance shall be followed.

Article 31. Application of Measures to Prevent Administrative Violations

1. To promptly prevent administrative violations and ensure the handling of administrative violations in the field of tourism, those persons authorized may apply administrative preventive measures as prescribed in the Administrative Violation Handling Ordinance.

2. The authority, procedures, and formalities for applying preventive measures against administrative violations and ensuring the imposition of penalties for administrative violations in the field of tourism shall be carried out in accordance with the provisions of the Administrative Violation Handling Ordinance.

Chapter IV

COMPLAINTS, REPORTS, REWARDS, AND VIOLATION HANDLING

Article 32. Complaints and Reports

1. Individuals and organizations penalized for administrative violations in the field of tourism, or their legitimate representatives, have the right to appeal the administrative penalty decision according to the law on complaints and reports.

2. Citizens have the right to report to state agencies with authority about acts of administrative violations by organizations or individuals as stipulated in this Decree, or to report acts of violating the law by those authorized to impose administrative penalties in the field of tourism, according to the law.

3. During the period of resolving complaints and reports by the competent agency, individuals and organizations penalized must still comply with the penalty decision.

4. The procedures, formalities, deadlines, and authority for complaints and reports, and the resolution of complaints and reports regarding administrative penalties in the field of tourism shall be carried out in accordance with the law on complaints and reports.

Article 33. Rewards

Individuals and organizations that achieve success in combating and preventing administrative violations in the field of tourism shall be rewarded according to the law.

Article 34. Handling Violations

1. Those authorized to impose administrative penalties in the field of tourism who engage in harassment, tolerance, cover-up, failure to impose penalties, or impose penalties untimely, incorrectly, or beyond their authority shall be subject to disciplinary action or criminal prosecution, depending on the nature and degree of the violation; if damage is caused, compensation must be made according to the law.

2. Individuals and organizations penalized for administrative violations in the field of tourism who do not voluntarily comply with the penalty decision shall be subject to enforcement; if they commit an administrative violation and obstruct, resist public servants or use deceitful, bribery, or other methods to delay or evade compliance with the penalty decision of the authorized person, they shall be subject to administrative penalties or criminal prosecution, depending on the nature and degree of the violation; if damage is caused, compensation must be made according to the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 35. Effective Date

1. This Decree takes effect fifteen days after its publication in the Official Gazette.

2. This Decree replaces Government Decree No. 50/2002/NĐ-CP dated April 25, 2002, on administrative penalties in the field of tourism.

Article 36. Responsibility for Implementation

1. The Minister of Culture, Sports and Tourism is responsible for organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.