Decree No. 180/2013/ND-CP amending and supplementing certain articles of Decree No. 92/2007/ND-CP dated June 1, 2007 of the Government detailing the implementation of some provisions of the Tourism Law.

DECREE

Provincial People's Committees set specific pricesTo amend and supplement some articles of N |||Decree number 92/2007/NĐ-CP dated June 1, 2007 of COrdinance LAmendment and Supplement to Certain Provisions of the Tobacco Control Law Domestic air passenger transport service on regular basic economy classRepealed

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Camendpursuant to the Road Traffic Law dated November 13, 2008; Torganization C"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Government on December 25thJune 2024;The Ministry of Finance issued on November 13,

Pursuant to the Law Domestic air passenger transport service on regular basic economy classRepealed on November 14June 2024;107/2012/NĐ-CP ngày 20 tháng 12 năm 2012 của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức;

Pursuant to the proposal of the Minister of Culture, Sports and Tourismamendlate hshalland Tourism linvalid;

h"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."The Government promulgates this Decree amending and supplementing certain articles of Decree No. 92/2007/NĐ-CP dated June 1, 2007 of the Government detailing the implementation of certain provisions of the Tourism Law as follows:"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."hereinafter referred to as the DecreeDeputy ministers of ministerial-level agencies, detailing certain provisions of the Law on Managementi organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.iAmending and supplementing certain articles of Decree No. 92/2007/NĐ-CP dated June 1, 2007 of the Government detailing the implementation of certain provisions of the Tourism Law.i Amending and supplementing certain articles of Decree No. 92/2007/NĐ-CP dated June 1, 2007 of the Government detailing the implementation of certain provisions of the Tourism Law as follows:

Article 1. 1. Amending the name of Article 10 and supplementing Clause 3 of Article 10 as follows:

"Article 10. Management of tourist areas, tourist sites

3. Contents of management of tourist sites:

a) Implementing the provisions at points g, i, k and l of Clause 1 of Article 10;

b) Ensuring the participation of the local community in tourism activities in accordance with the provisions of Article 7 of the Tourism Law;

c) Ensuring environmental hygiene, fire prevention, security, and safety for tourists;

d) Publicizing specific development planning for national tourist sites with natural tourism resources."

2. Supplementing Articles 12a, 12b, and 12c after Article 12 as follows:

"Article 12a. Tour operation business

Tour operation business includes the following industries and trades:

1. Domestic tour operation business;

2. International tour operation business:

a) Tour operation business for tourists entering Vietnam;

b) Tour operation business for tourists leaving Vietnam;

c) Tour operation business for tourists entering Vietnam and tourists leaving Vietnam.

3. Tour agency business.

Article 12b. Revocation of international tour operation business license

An international tour operation business license shall be revoked in any of the following cases:

1. The cases provided for in points a, b, and d of Clause 3 of Article 47 of the Tourism Law;

2. The cases provided for in point c of Clause 3 of Article 47 of the Tourism Law including:

a) A business violating any of the provisions of Clauses 1, 3, 4, 5, or 7 of Article 12 of the Tourism Law;

b) An international tour operation business not operating within the scope of industry and trade permitted;

c) A business failing to fully perform its obligations as prescribed in Clause 5 of Article 40 of the Tourism Law, causing damage to the lives of tourists;

d) A business not updating its license in accordance with Article 49 of the Tourism Law;

đ) A business not reporting its tour operation business results for 18 consecutive months;

e) A business not meeting one of the conditions for international tour operation business as prescribed in Clauses 3 and 5 of Article 46 of the Tourism Law;

g) A business having been administratively punished for violating the conditions for tour operation business as prescribed in Clause 4 of Article 46 of the Tourism Law;

h) Falsifying documents to obtain, change, or reissue an international tour operation business license.

Article 12c. Procedures for revoking international tour operation business licenses

1. The procedures for revoking a license when a business ceases international tour operation business operations as provided for in point a of Clause 3 of Article 47 of the Tourism Law are specified as follows:

a) Within ten days from the date of the decision to cease operations, the business shall submit directly or by mail one written notice regarding the cessation of international tour operation business operations (in the form prescribed in the appendix attached hereto) along with the issued international tour operation business license and a report on ongoing international tour contracts and the plan to fulfill responsibilities under these contracts to the Ministry of Culture, Sports and Tourism;

b) Within five working days from the date of receipt of a complete and valid dossier submitted by the business, the Ministry of Culture, Sports and Tourism shall issue a decision to revoke the international tour operation business license of the business, send the revocation decision to the business; immigration authorities; tourism, tax, and business registration authorities at the provincial level where the business's headquarters is located, and publish information about the business being revoked on the website managing tour operation businesses;

In case the dossier is incomplete or invalid, within three working days from the date of receipt of the dossier, the Ministry of Culture, Sports and Tourism must notify the business in writing to supplement and complete the dossier;

c) After fulfilling responsibilities towards tourists under signed international tour contracts, the business shall submit a written report to the Ministry of Culture, Sports and Tourism on the completion of responsibilities accompanied by documents proving the fulfillment of these responsibilities. The Ministry of Culture, Sports and Tourism will examine and issue a document allowing the business to be refunded the deposit according to the law.

2. The procedures for revoking international tour operation business licenses for the cases provided for in point b and point d of Clause 3 of Article 47 of the Tourism Law, Clause 2 of Article 12b supplemented in Clause 2 of Article 1 of this Decree are specified as follows:

a) The Ministry of Culture, Sports and Tourism shall notify in writing of the violation and request the business to submit a written explanation;

b) After ten days from the end of the explanation period, if the business does not submit a written explanation or the explanation is unsatisfactory, the Ministry of Culture, Sports and Tourism shall issue a decision to revoke the international tour operation business license of the business, send the revocation decision to the business; immigration authorities; tourism, tax, and business registration authorities at the provincial level where the business's headquarters is located, and publish information about the business being revoked on the website managing tour operation businesses;

c) Within thirty days from the effective date of the revocation decision, the business must return the issued license to the Ministry of Culture, Sports and Tourism and report on ongoing international tour contracts and the plan to fulfill responsibilities under these contracts.

c) Within thirty days from the date on which the decision to revoke the License becomes effective, the enterprise must return the issued License to the Ministry of Culture, Sports and Tourism and report on the ongoing international travel agency contracts and the plan to fulfill its responsibilities under such ongoing international travel agency contracts;

d) After completing the responsibilities towards tourists under the signed international travel contracts, the enterprise shall report in writing to the Ministry of Culture, Sports and Tourism about the completion of responsibilities along with documents proving the fulfillment of such responsibilities. The Ministry of Culture, Sports and Tourism shall examine and issue a document for the enterprise to be refunded the deposit according to the provisions of the law.

3. Article 15 is amended and supplemented as follows:

"Article 15. Deposit for international travel business

The deposit for international travel business is regulated as follows:

1. Enterprises engaged in international travel business must deposit according to the prescribed regulations. The deposit of enterprises must be deposited into a bank account and shall earn interest according to the agreement between the enterprise and the bank accepting the deposit in accordance with the provisions of the law.

2. The amount of deposit for international travel business:

a) VND 250,000,000 for enterprises engaged in travel business for inbound tourists;

b) VND 500,000,000 for enterprises engaged in travel business for outbound tourists or for both inbound and outbound tourists.

3. The deposit of enterprises engaged in international travel business shall be used to resolve issues arising when the enterprise fails to perform or performs incompletely its obligations in travel business activities.

4. Refund of the deposit for international travel business to enterprises in the following cases:

a) Notification from the Ministry of Culture, Sports and Tourism regarding the non-granting of an international travel business license to the enterprise;

b) Decision of the Ministry of Culture, Sports and Tourism regarding the revocation of the international travel business license of the enterprise.

c) Decision of the investment certificate issuing authority regarding the revocation of the investment certificate or the removal of the travel business activity from the investment certificate of foreign-invested travel enterprises.

5. The Ministry of Culture, Sports and Tourism and the State Bank of Vietnam shall specify the management and use of the deposit of enterprises.

4. Amend Clause 2 of Article 36 as follows:

"2. The Ministry of Culture, Sports and Tourism shall be responsible for coordinating with competent state agencies concerning tourist areas and sites to stipulate training, professional development, standards, issuance, and revocation of tour guide certificates."

5. Add Clause 1a before Clause 1 of Article 43 as follows:

"1a. The Ministry of Finance shall submit to the Government proposals to amend and supplement the list of fees and charges related to tourism."

6. Repeal Article 42.

Article 2. Transitional provisions

Enterprises granted an international travel business license before this Decree takes effect may continue their operations in accordance with the contents specified in the already issued license and within 12 months from the date this Decree takes effect, they must re-register the scope of travel business and fully meet all conditions for travel business as prescribed by this Decree.

Article 3. Effectiveness

1. This Decree shall take effect from January 1, 2014.

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./.