Decree No. 16/2012/NĐ-CP on administrative sanctions for violations in the tourism sector

DECREE

Regulations on Administrative Sanctions for Violations in the Tourism Sector

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

Pursuant to the Tourism Law on June 14, 2005;

Based on the Ordinance on Handling Administrative Violations dated July 2, 2002, and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations dated April 2, 2008;

At the proposal of the Minister of Culture, Sports and Tourism;

The Government issues this Decree to regulate administrative sanctions for violations in the tourism sector,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violation, forms of administrative sanction, levels of administrative sanction, authority to impose administrative sanctions, procedures for imposing administrative sanctions, 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 does not constitute a crime and must be subject to administrative sanctions according to the law.

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 acts of administrative violation in the tourism sector, including business service activities serving tourists not specified in this Decree, shall be regulated and sanctioned according to other Decrees of the Government concerning administrative sanctions in related state management sectors.

Article 2. Applicability

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.

Article 3. Forms of Administrative Sanction and Measures to Remedy Consequences

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

a) Warning;

b) Fine.

2. Depending on the nature and degree of the violation, the violator may also be subject to one or more of the following supplementary forms of administrative sanction:

a) Suspension of the right to use the international travel agency business license, tour guide card, and tour commentary certificate for a certain period;

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

3. In addition to the primary and supplementary forms of administrative sanction prescribed in Clauses 1 and 2 of this Article, depending on the nature and degree of the violation, the violator may also be subject to one or more of the following measures to remedy consequences:

a) Compel to supplement sufficient furniture, amenities, means of transport, health and safety equipment for tourists' lives and property;

b) Compel to comply with legal requirements for record-keeping and storage of files and documents;

c) Compel to refund tourists or deposit into the state treasury any improperly collected assets from tourists;

d) Compel to pay the full amount of the required deposit as stipulated;

đ) Compel to comply with legal requirements for reporting;

e) Compel to affix vehicle signs meeting the standards for serving tourists as stipulated by law;

g) Compel to supplement sufficient equipment, infrastructure, services, professional qualifications, and foreign languages of managers and service staff corresponding to the standards for each type and level of service facility as stipulated by law;

h) Compel to affix the correct classification sign for tourist accommodation facilities in accordance with the decision of the competent authority;

i) Compel to remove and destroy publications, advertisements, signs, items, and equipment violating legal provisions;

k) Compel to dismantle and destroy promotional materials, terminate promotional programs for certain violations regarding tourism promotion activities;

l) Compel to implement measures to address environmental pollution caused by violations of environmental protection regulations;

m) Compel to enforce decisions made by authorities or persons with jurisdiction over acts obstructing inspection, supervision, and administrative sanction enforcement;

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 TOURIST TRANSPORTATION SERVICES

Article 4. Violation of provisions on notification of travel agency business activities

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

1. Failure to notify in writing the commencement date of travel agency business operations to the Department of Culture, Sports and Tourism of the provincial or centrally-administered city where the enterprise's main office is located within fifteen days from the date the enterprise officially commences business operations.

2. Failure to notify in writing changes in the legal representative of the enterprise, changes in the type of enterprise, changes in the name of the enterprise, or changes in the location of the enterprise's main office to the Department of Culture, Sports and Tourism of the provincial or centrally-administered city where the enterprise's main office is located within fifteen days from the date of change.

3. Failure to notify in writing changes in the person managing international travel agency business operations to the Department of Culture, Sports and Tourism within thirty days from the date the enterprise changes the person managing such operations.

4. Failure to notify in writing the establishment and commencement date of branch offices or representative offices of travel agencies to the Department of Culture, Sports and Tourism of the provincial or centrally-administered city where the enterprise's main office is located and the Department of Culture, Sports and Tourism of the provincial or centrally-administered city where the branch office or representative office is located within forty-five days from the date of establishment and official operation of the branch office or representative office.

5. Failure to notify in writing changes in the head, name, or location of branch offices or representative offices of travel agencies to the Department of Culture, Sports and Tourism of the provincial or centrally-administered city where the enterprise's main office is located and the Department of Culture, Sports and Tourism of the provincial or centrally-administered city where the branch office or representative office is located within ten days from the date of change.

6. Failure to notify in writing the General Department of Tourism within seven days from the date the international travel agency business license is lost.

7. Failure to promptly notify the Department of Culture, Sports and Tourism about accidents or risks that may occur to tourists.

Article 5. Violation of travel agency business regulations

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

a) Using a person managing domestic travel agency business operations who has not worked in the travel industry for at least three years.

b) Using a person managing international travel agency business operations who has not worked in the travel industry for at least four years.

c) A person managing domestic travel agency business operations who has not worked in the travel industry for at least three years.

d) A person managing international travel agency business operations who has not worked in the travel industry for at least four years.

đ) A travel contract lacking one of the contents prescribed by law.

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

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

b) Not having a written travel contract with tourists or tourist representatives as prescribed.

c) Not addressing legitimate requests or complaints of tourists as prescribed by law.

d) Using a tour guide without a written contract with the tour guide or a contract lacking essential contents as prescribed.

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

e) Not clearly, publicly, and truthfully informing tourists of the quantity and prices of tourism services.

3. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for any of the following acts:

a) The person managing travel agency business operations using work confirmation documents that do not match the actual time spent working to manage travel agency business operations.

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

c) Using expired tour guide cards to guide tourists.

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

a) Using means of transport or equipment that do not ensure the health, safety of life and property of tourists as prescribed by law, except for cases already specified in Clauses 1, 2, 3, and 4 of Article 8 of this Decree.

b) Not properly reporting to the General Department of Tourism and the Department of Culture, Sports and Tourism as prescribed.

c) Using persons without tour guide cards to guide tourists.

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

a) Engaging in international travel agency business operations without at least three international tour guides.

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

c) Changing the tour program, standards, or services agreed upon without the consent of the tourists or their representatives.

6. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for any of the following acts:

a) Failing to ensure 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 managing the operations and business of branches, representative offices, or subordinate units of the enterprise as prescribed by law.

đ) Not managing tourists according to the contract or tour program signed.

e) Falsely declaring contents in the application for issuance or renewal of the international travel agency business license.

g) Not processing the renewal of the international travel agency business license as prescribed by law.

h) Using a company name, trading name, or abbreviation that does not match the registered name with the competent authority to conduct business operations.

7. A fine of VND 20,000,000 to VND 25,000,000 shall be imposed for any of the following acts:

a) Using foreigners to guide tours in Vietnam.

b) Engaging in travel agency business activities after having reported a temporary suspension, termination, or been ordered by competent state agencies to cease travel agency business operations.

8. A fine of VND 25,000,000 to VND 30,000,000 for conducting international travel agency business activities not in accordance with the contents specified in the travel agency business license.

9. A fine of VND 30,000,000 to VND 40,000,000 for any of the following acts:

a) Allowing other organizations or individuals to use the international travel agency business license to conduct travel agency business activities.

b) Conducting international travel agency business activities without an international travel agency business license.

10. Additional forms of punishment:

a) Revoking the right to use the international travel agency business license for up to 12 months for violations stipulated in points a and c of Clause 5; points a, d and đ of Clause 6 and point a of Clause 7 of this Article;

b) Revoking the right to use the international travel agency business license from 12 to 24 months for violations stipulated in Clause 8 and point a of Clause 9 of this Article;

c) Confiscating the objects of administrative violation for violations stipulated in point a of Clause 3 and point e of Clause 6 of this Article.

11. Remedial measures:

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

b) Compelling to comply strictly with the regulations on record-keeping and storing documents as prescribed by law for violations stipulated in point b of Clause 3 of this Article;

c) Compelling to comply strictly with the reporting system as prescribed by law for violations stipulated in point b of Clause 4 of this Article;

d) Compelling to deposit the full amount of the guarantee deposit for violations stipulated in point a of Clause 6 of this Article;

đ) Compelling to refund tourists or transfer to the state treasury the assets improperly collected from tourists for violations stipulated in point c of Clause 5 and point c of Clause 6 of this Article.

Article 6. Violations concerning travel agency agency business

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

a) Not notifying in writing the start date of engaging in travel agency agency business to the Department of Culture, Sports and Tourism within 15 days from the date the travel agency agency begins its business operations;

b) Not notifying in writing changes in the legal representative, name, or address of the travel agency agency to the Department of Culture, Sports and Tourism within 15 days from the date of such changes;

c) Not clearly, publicly, and truthfully informing tourists about the quantity and prices of tourism services provided by the party entrusting the travel agency agency;

d) Operating outside the registered address with competent state agencies.

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

a) Altering, modifying, or reproducing the content of the tour program of the party entrusting the travel agency agency, thereby distorting it;

b) Selling tour programs at a higher price than that of the party entrusting the travel agency agency;

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

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

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

a) Engaging in travel agency agency business for enterprises without an international travel agency business license to sell tour programs to international tourists and Vietnamese tourists traveling abroad;

b) Continuing to engage in travel agency agency business after the competent state management agency has revoked the Certificate of Registration for Travel Agency Agency Business.

4. Measures to remedy consequences:

Compelling to refund tourists or transfer to the state treasury revenues collected in violation of regulations for violations stipulated in point b of Clause 2 of this Article.

Article 7. Violations concerning tour guide regulations

1. A warning or a fine from VND 500,000 to VND 1,000,000 shall be imposed on tour guides and tour narrators who fail to wear their identification cards or certificates while practicing their profession.

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

a) Providing incorrect or incomplete content about tourist sites and tourist areas;

b) Not carrying the travel program and task assignment documents issued by travel businesses while guiding tours;

c) Not guiding tourists to comply with Vietnamese laws, internal rules and regulations of visited locations, and respecting local customs and traditions;

d) Not providing sufficient information about the itinerary and travel program to group representatives and individual tourists.

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

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

b) Not informing and guiding tourists on measures to ensure their safety in terms of life, health, and property during the implementation of the travel program;

c) Allowing others to use their tour guide identification card or tour narrator certificate to practice their profession;

d) Using another person's tour guide identification card or tour narrator certificate to practice their profession;

đ) Using an expired tour guide identification card;

e) Falsely declaring documents and materials in the application file for issuance, replacement, or reissuance of tour guide identification cards or tour narrator certificates.

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

a) Altering or modifying the content of tour guide identification cards or tour narrator certificates for use in practice;

b) Using domestic tour guide identification cards to guide foreign tourists;

c) Narrating at tourist sites without a tour narrator certificate.

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

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

b) Using counterfeit tour guide identification cards or tour narrator certificates to practice their profession;

c) Arbitrarily changing the travel program and reducing the standards and services for tourists;

d) Misrepresenting the cultural, historical, national, and human values of Vietnam, adversely affecting the image, traditions, ethics, and social customs of the Vietnamese people;

đ) Exploiting tour guiding activities to provide information that affects public security, order, and social safety;

e) Bringing tourists to restricted areas;

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

6. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for foreigners engaging in tour guiding activities in Vietnam.

7. Additional forms of administrative sanction:

a) Suspension of the right to use the tour guide identification card for up to 12 months for violations under point d Clause 2; points c, d, đ, e, and g Clause 5 of this Article;

b) Suspension of the right to use the tour guide identification card for 12 to 24 months for violations under point c Clause 3; points a and b Clause 4 or repeated offenses under points a, b, and c Clause 2; points a and b Clause 3; points c, d, đ, e, and g Clause 5 of this Article;

c) Suspension of the right to use the tour narrator certificate for 12 to 24 months for violations under point c Clause 3; point a Clause 4 of this Article;

d) Confiscation of items used to commit administrative violations for violations under points d, đ, and e Clause 3; point b Clause 5 of this Article.

8. Measures to remedy consequences:

Compelling the return of improperly obtained assets to tourists or transferring them to the state treasury for violations under points c, g Clause 5 of this Article.

Article 8. Violation of regulations on operating tourist passenger vehicles

1. A fine of from 1,000,000 VND to 2,000,000 VND per vehicle shall be imposed for using passenger cars with fewer than nine seats that do not meet the interior, amenities, and equipment requirements specified to transport tourists.

2. A fine of from 2,000,000 VND to 3,000,000 VND per vehicle shall be imposed for using passenger cars with nine to fewer than twenty-four seats that do not meet the interior, amenities, and equipment requirements specified to transport tourists.

3. A fine of from 3,000,000 VND to 4,000,000 VND per vehicle shall be imposed for using passenger cars with twenty-four seats or more that do not meet the interior, amenities, and equipment requirements specified for tourist transportation vehicles.

4. A fine of from 4,000,000 VND to 5,000,000 VND per vehicle shall be imposed for using specialized vehicles (caravans) or double-decker buses that do not meet the interior, amenities, and equipment requirements specified for tourist transportation vehicles.

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

a) Changing the itinerary without the consent of the tourists;

b) Not displaying the standard tourist service vehicle identification plate as prescribed by law;

c) Using drivers for tourist transportation who do not have training certificates in tourism operations;

d) Using staff on tourist transportation vehicles who do not have training certificates in tourism operations.

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

a) Not complying with reporting requirements to the Department of Culture, Sports and Tourism, the Department of Transport as prescribed by law;

b) Not processing procedures to reissue the standard tourist service vehicle identification plate as prescribed by law;

c) Not purchasing travel insurance for tourists according to the means of transportation.

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

a) Using counterfeit standard tourist service vehicle identification plates for business activities;

b) Impersonating a tourist transportation vehicle.

8. Additional forms of punishment:

Seize counterfeit standard tourist service vehicle identification plates for violations stipulated in point a, Clause 7 of this Article.

9. Remedial measures:

a) Order to supplement the interior, amenities, and equipment of tourist transportation vehicles to ensure the health, safety of life and property of tourists for violations stipulated in Clauses 1, 2, 3, and 4 of this Article;

b) Order to display the standard tourist service vehicle identification plate as prescribed by law for violations stipulated in point c, Clause 5 of this Article;

c) Order to comply with reporting requirements as prescribed for violations stipulated in point a, Clause 6 of this Article.

Article 9. Violation of regulations on establishing and operating branches and representative offices of foreign tourism enterprises in Vietnam

Violations of regulations on establishing and operating branches and representative offices of foreign tourism enterprises in Vietnam shall be subject to penalties under Clauses 1, 2, 3, and 4 of Article 13; and Clauses 1, 2, 3, and 4 of Article 14 of Decree No. 06/2008/NĐ-CP dated January 16, 2008 of the Government on administrative penalties in the field of trade.

Section 2

VIOLATIONS OF REGULATIONS ON OPERATING TOURIST ACCOMMODATION

Article 10. Violations concerning tourism accommodation business regulations

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

a) Not notifying in writing to the Department of Culture, Sports and Tourism at the location of the tourism accommodation facility about the start date of its business operations within fifteen days from the official commencement of such operations;

b) Not notifying in writing to the Department of Culture, Sports and Tourism about changes in the head of the tourism accommodation facility or changes in the name of the tourism accommodation facility within fifteen days from the date of such changes;

c) Not notifying in writing to the Department of Culture, Sports and Tourism and the Department of Information and Communications when applying additional charges for telecommunications services in a ranked tourism accommodation facility within fifteen days from the date of implementation;

2. A fine of between 3,000,000 VND and 5,000,000 VND shall be imposed for any of the following violations:

a) Not complying with the regulations on the model of signboards indicating the name and category of the tourism accommodation facility;

b) Not displaying the signboard indicating the category of the tourism accommodation facility after it has been ranked by the General Department of Tourism and the Department of Culture, Sports and Tourism;

c) Not promulgating and posting the internal rules and regulations of the tourism accommodation facility;

d) Not clearly and publicly informing tourists about the quantity, quality, and pricing of services and goods;

đ) Not hanging the decision recognizing the category of the tourism accommodation facility at a visible location at the reception desk;

3. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for any of the following acts:

a) Not implementing or not properly implementing the system of record-keeping and archiving documents related to the business operations of the tourism accommodation facility as prescribed by law;

b) Not meeting the required number and area of sleeping rooms according to the standards corresponding to each type and category of tourism accommodation facilities as prescribed by law;

c) Not ensuring the standards for parking areas and internal traffic, and the reception hall as prescribed by law;

d) Not ensuring the number and standards of restaurants and bars as prescribed by law;

đ) Not ensuring the standards for kitchen areas as prescribed by law;

e) Not ensuring the number and standards of conference, seminar, and meeting rooms as prescribed by law;

g) Not ensuring the standards for other equipment and amenities as prescribed by law;

h) Not ensuring the service standards as prescribed by law;

i) Not ensuring the professional qualifications and language proficiency of managers and service staff as prescribed by law;

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

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

b) Not properly implementing the reporting requirements to the Department of Culture, Sports and Tourism as prescribed by law;

c) Not supplementing equipment, infrastructure, services, professional qualifications, and language proficiency of managers and service staff corresponding to the ranking standards as required by tourism management authorities;

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

a) Not registering with the Department of Culture, Sports and Tourism for assessment and ranking of the tourism accommodation facility within three months from the official commencement of its business operations;

b) Not registering with the Department of Culture, Sports and Tourism for reassessment and re-recognition of the category of the tourism accommodation facility three months before the expiration of the recognition period;

c) Using star images attached to the tourism accommodation facility or on publications, advertising signs, signage, items, and equipment used in the tourism accommodation facility without being recognized or not matching the recognized category of the tourism accommodation facility;

6. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for any of the following acts:

a) Using the name of the tourism accommodation facility, trade name, or abbreviated name that does not match the registered name of the tourism accommodation facility to conduct business operations;

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

c) Charging fees for services not in accordance with regulations;

7. A fine of VND 20,000,000 to VND 25,000,000 shall be imposed for conducting tourism accommodation business operations after having notified of temporary suspension, cessation, or being ordered by competent state agencies to cease business operations of the tourism accommodation facility;

8. The provisions from Clause 1 to Clause 6 of this Article also apply to guesthouses and lodges of ministries, sectors, and localities that engage in tourism accommodation business operations;

9. Additional forms of punishment:

Seizure of contraband objects for violations stipulated in point a Clause 4 and Clause 8 of this Article;

10. Measures to address consequences:

a) Compel to supplement sufficient equipment, infrastructure, services, professional qualifications, and language proficiency of managers and service staff corresponding to the standards of each type and category of tourism accommodation facilities as prescribed by law for violations at points b, c, d, đ, e, g, h, and i Clause 3; point c Clause 4 of this Article;

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

c) Compel to refund tourists or transfer to the state treasury the assets improperly collected from tourists for violations stipulated in points b and c Clause 6 of this Article;

d) Compel to remove and cancel publications, advertising signs, signage, items, and equipment for violations stipulated in point a Clause 2 and point c Clause 5 of this Article;

đ) Compel to display the signboard indicating the category of the tourism accommodation facility in accordance with the decision of the competent state agency for violations stipulated in point b Clause 2 of this Article.

Article 11. Violation of regulations on trading goods and services subject to conditions within tourist accommodation facilities

A fine of from three million dong to five million dong shall be imposed for failing to register in writing with the competent state agency when trading goods and services subject to conditions within tourist accommodation facilities that have been ranked.

Section 3

VIOLATIONS OF REGULATIONS ON TOURISM PROMOTION

Article 12. Violations of regulations on tourism promotion activities

1. A fine of from five million dong to seven million dong shall be imposed for any of the following acts:

a) The content of promotional and advertising materials for tourism does not comply with the national tourism database that has been published;

b) Not implementing or implementing incorrectly the announced and advertised tourism incentive programs;

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

d) Using promotional and advertising materials for tourism without or with incorrect titles and common symbols prescribed by the Tourism Administration.

2. A fine of from seven million dong to ten million dong shall be imposed for taking advantage of tourism promotion activities to harm the legitimate rights and interests of other organizations and individuals.

3. Measures to remedy consequences:

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

Section 4

VIOLATIONS OF OTHER TOURISM ACTIVITIES

Article 13. Violations of regulations on tourism resources and tourism development planning

A fine of from ten million dong to fifteen million dong shall be imposed for exploiting tourism resources contrary to the provisions of the law in tourist areas, tourist sites, or in areas designated for tourism development planning.

Article 14. Violations of regulations on environmental protection in tourism

1. A fine of from one million dong to three million dong shall be imposed for failing to post environmental protection rules in easily visible locations in tourist accommodation facilities, tourist areas, tourist sites, and on passenger transport vehicles as required.

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

a) Not having public sanitation facilities meeting the requirements for maintaining environmental hygiene in tourist accommodation facilities, tourist areas, tourist sites, and on passenger transport vehicles as required;

b) Not sorting waste according to regulations in tourist accommodation facilities, tourist areas, tourist sites, and on passenger transport vehicles;

c) Not assigning staff to monitor and manage environmental protection work corresponding to each type and category of tourist accommodation facilities as prescribed by law.

3. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for any of the following acts:

a) Not collecting and treating waste according to regulations in tourist accommodation facilities and tourist areas, tourist sites, and on passenger transport vehicles as required;

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

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

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

a) Not reporting annually on environmental protection work as required by law;

b) Not providing equipment and facilities for waste collection and treatment to meet the requirements for maintaining environmental hygiene as required at tourist accommodation facilities, on passenger transport vehicles, in tourist areas, and tourist sites.

5. Additional forms of punishment:

Confiscate the objects and means used to commit administrative violations for violations stipulated in points b and c of Clause 3 of this Article.

6. Measures to remedy consequences:

Order the implementation of measures to remedy environmental pollution caused by violations stipulated in points a and b of Clause 2; point a of Clause 3 and point b of Clause 4 of this Article.

Article 15. Violations concerning management and business operations in tourist areas and tourist sites

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

1. Failure to promulgate 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 16. Penalties for obstructing inspection, supervision, and administrative violation penalties

1. A fine of VND 3,000,000 to VND 5,000,000 for refusing to accept inspection, supervision decisions, or compulsory enforcement decisions for administrative penalty decisions.

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

a) Failing to declare or declaring inaccurately or not within the prescribed time limit as required by law enforcement officers or competent state management agencies;

b) Failing to provide or providing incomplete information or documents related to inspections, supervision, and administrative violation penalties by law enforcement officers or competent state agencies;

c) Obstructing the work of inspection teams or law enforcement officers assigned to conduct inspections or supervision;

d) Using verbal or physical actions to threaten, insult, or defame the dignity of law enforcement officers performing their duties.

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

a) Delaying or evading the execution of administrative decisions or inspection and supervision decisions issued by authorized persons or agencies;

b) Unauthorized removal of seals on evidence or means of transportation involved in violations or unauthorized alteration of the scene of the administrative violation;

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

d) Assaulting law enforcement officers.

4. Additional forms of administrative punishment:

Confiscation of items or means of transportation used to commit administrative violations as stipulated in points b and c, Clause 3 of this Article.

5. Measures to remedy consequences:

Compelling the execution of decisions made by competent authorities or persons with authority over violations as stipulated in Clause 1; points a and b, Clause 2 and point a, Clause 3 of this Article.

Chapter III

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

Article 17. Administrative Sanction Enforcement Authority of Chairpersons of People's Committees at all levels

The Chairperson of People's Committees at all levels has the authority to impose penalties according to the provisions of Clauses 4 and 5 of Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations 2008, Article 30 of the Ordinance on Handling Administrative Violations 2002 amended by the Ordinance Amending Certain Provisions of the Ordinance on Handling Administrative Violations 2007 for administrative violations stipulated in this Decree within the local jurisdiction.

Article 18. Authority to Impose Administrative Penalties of Cultural, Sports, and Tourism Inspectors

1. Cultural, Sports, and Tourism Inspectors performing official duties have the authority:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c) To confiscate items or means of transportation used to commit administrative violations up to a value of VND 2,000,000;

d) To apply remedial measures as provided for in points a, b, d, đ, e, g, h, i, k, l, and m, Clause 3 of Article 3 of this Decree;

đ) To exercise other rights as provided for by law on handling administrative violations;

2. The Head of the Department of Culture, Sports, and Tourism Inspection has the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) To revoke the right to use licenses or certificates of practice within their jurisdiction;

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

đ) To apply remedial measures as provided for in Clause 3 of Article 3 of this Decree;

e) To exercise other rights as provided for by law on handling administrative violations;

3. The Head of the Ministry of Culture, Sports, and Tourism Inspection has the authority:

a) To issue warnings;

b) To impose fines up to the maximum level for the tourism sector.

c) To revoke the right to use licenses or certificates of practice within their jurisdiction;

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

đ) To apply remedial measures as provided for in Clause 3 of Article 3 of this Decree;

e) To exercise other rights as provided for by law on handling administrative violations;

Article 19. Administrative Sanction Enforcement Authority of the People's Public Security Organs, Border Guard Force, and Coast Guard

The People's Public Security Organs, Border Guard Force, and Coast Guard have the authority to impose sanctions according to the powers prescribed in Clauses 6, 7, and 8 of Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations 2008 and Article 37 of the Ordinance on Handling Administrative Violations 2002 for administrative violations in the tourism sector directly related to their own management areas as stipulated in this Decree.

Article 20. Administrative Sanction Enforcement Authority of Other Sector Inspectors

Within the scope of state management authority defined by the Government, Inspectors and Chief Inspectors of other sector inspection agencies have the authority to impose sanctions on administrative violations in the tourism sector as stipulated in this Decree within their respective state management areas.

Article 21. Issuance of Sample Inspection Reports and Decision Forms for Use in Administrative Sanctions

This Decree shall issue sample inspection reports and decision forms for use in administrative sanctions in the tourism sector.

Chapter IV

IMPLEMENTING PROVISIONS

Article 22. Effectiveness

1. This Decree takes effect from April 30, 2012.

2. This Decree replaces Government Decree No. 149/2007/NĐ-CP dated October 9, 2007 on administrative sanctions in the tourism sector.

Article 23. 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./.