DECREE NO. 27/2001/ND-CP ON TRAVEL BUSINESS AND TOUR GUIDING SERVICES

DECREE

Regarding travel agency operations and tour guiding

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

BASED ON THE ENTERPRISE LAW number 13/1999/QH13 dated June 12, 1999;

Pursuant to the Tourism Ordinance No. 11/1999/PL-UBTVQH10 dated February 8, 1999;

At the proposal of the Director General of the Vietnam National Administration of Tourism;

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope and Applicability

1. This Decree stipulates on travel agency operations and tour guiding.

2. This Decree applies to all organizations and individuals, including Vietnamese citizens from various economic sectors and foreign organizations and individuals operating under the Law on Foreign Investment in Vietnam in travel agency operations and tour guiding, except where otherwise provided by laws on foreign investment in Vietnam.

Article 2. In this Decree, the following terms shall be understood as follows

1. tourists Tourist

2. International tourist is a foreigner or overseas Vietnamese entering Vietnam for tourism purposes; Vietnamese citizens and foreigners residing in Vietnam traveling abroad for tourism purposes.

3. Domestic tourist is a Vietnamese citizen and a foreigner residing in Vietnam traveling within the territory of Vietnam for tourism purposes.

4. Tourism program is a pre-planned itinerary for a tour organized by travel enterprises, which includes the duration of the trip, destination, stopover points, accommodation services, transportation services, other services, and the selling price of the program.

5. Travel agency operation is the activity of building, selling, and organizing the implementation of tourism programs with the aim of generating profit.

6. Tour guide is a person who guides tourists according to the tourism program and is paid for guiding services.

Tour guide does not include: local tour guides, persons dispatched by agencies and organizations accompanying foreign guests on official business trips.

Chapter II

TRAVEL AGENCY OPERATIONS

Article 3. Travel agency operation

1. Organizations and individuals engaged in travel agency operations must register to establish a business enterprise in accordance with the provisions of the Enterprise Law and commit to fulfilling all conditions prescribed in this Decree.

2. The establishment of travel enterprises, registration of business operations, and addition of travel agency operations functions shall be carried out in accordance with the State Enterprise Law, the Enterprise Law, the Cooperative Law, and the Law on Foreign Investment in Vietnam.

Article 4. Conditions for domestic travel agency operations

1. Have a business plan for tourism.

2. Deposit fifty million Vietnamese dong.

3. Register business operations in accordance with the provisions of the law.

Article 5. Rights and obligations of domestic travel enterprises

1. Domestic travel enterprises have the following rights:

a) To build, advertise, sell, and organize the implementation of tourism programs for domestic tourists; Vietnamese tourists residing abroad who enter Vietnam for tourism purposes;

b) To establish branches and representative offices in accordance with the law;

c) To participate in clubs and professional associations;

d) To carry out tourism promotion and advertising activities in accordance with their functions, powers, and scope of tourism business;

đ) Other rights as prescribed by law.

2. Domestic travel enterprises have the following obligations:

a) To comply with and disseminate Vietnamese laws, state regulations on national security and public order, environmental protection, cultural identity, and traditional customs; to guide tourists to abide by these laws and regulations;

b) To ensure the health, safety, and property of tourists;

c) To publicly disclose prices and conditions for implementing tourism programs and services; to ensure that the services provided to tourists match the quantity and quality advertised;

d) To notify the provincial or centrally-administered city tourism management authority of the commencement of business operations;

e) Not to allow other organizations or individuals to use their legal entity status or business name for tourism business operations.

e) Fulfill other obligations as prescribed by law.

Article 6. Conditions for operating international travel agencies

1. Possess a license to operate an international travel agency.

2. Deposit a guarantee of 250 (two hundred fifty) million Vietnamese dong.

3. Register business operations in accordance with the provisions of the law.

4. Have at least 3 tour guides holding valid cards.

Article 7. Issuance of a License to Operate an International Travel Agency

1. The application dossier for issuing a license to operate an international travel agency includes:

a) An application form for issuing a license to operate an international travel agency;

b) A certified copy of the documents stipulated in Article 6 of this Decree.

2. The procedures for issuing a license to operate an international travel agency include:

a) The enterprise submits a complete application dossier for issuing a license to operate an international travel agency (hereinafter referred to as the dossier) to the tourism management authority of the province or centrally governed city where the enterprise's headquarters is located;

b) Within fifteen days from the date of receipt of the complete dossier submitted by the enterprise, the authority receiving the dossier must complete the dossier review process and submit a request letter along with the complete dossier to the competent authority for examination and issuance of the license. In cases where the standards for examination and issuance of the license are not met, the authority receiving the dossier must notify the enterprise in writing of the reasons and simultaneously report to the General Department of Tourism;

c) Within fifteen days from the date of receipt of the request letter from the authority receiving the dossier, the competent authority responsible for issuing the license must examine and issue the license to operate an international travel agency to the enterprise. In cases where the license is refused, a written notification must be issued stating the reasons to the authority receiving the dossier and the enterprise;

d) The General Department of Tourism shall announce simplified procedures for issuing licenses that are convenient and do not cause undue inconvenience or obstruction to the business operations of enterprises, and implement the issuance of licenses to operate international travel agencies.

Article 8. Rights and Obligations of International Travel Agencies

1. International travel agencies have the following rights:

a) To develop, advertise, sell, and organize the implementation of travel programs;

b) To establish branches and representative offices in accordance with the law;

c) To participate in clubs and professional associations;

d) To conduct promotional and advertising activities for tourism;

đ) To handle formalities for reviewing personnel entry, exit, and transit for tourists with the competent state management authorities;

e) Other rights as prescribed by law.

2. International travel agencies have the following obligations:

a) To comply with, disseminate, and guide tourists to adhere to Vietnamese laws and regulations concerning national security and public order, environmental protection, cultural identity, and traditional customs;

b) To ensure the health, safety, and property of tourists;

c) To publicly disclose prices and conditions for implementing tourism programs and services; to ensure that the services provided to tourists match the quantity and quality advertised;

d) To notify the provincial or municipal tourism management authority of the commencement of business operations;

đ) To promote and advertise Vietnamese tourism;

e) To only use tour guides who hold valid cards to guide tourists;

g) To manage tour guides, provide training, and enhance their professional skills;

h) Not to allow other organizations or individuals to use their legal status or name for tourism business operations;

i) To fulfill other obligations as prescribed by law.

Article 9. Rights and Obligations of International Travel Agencies with Foreign Investment

Enterprises with foreign investment, permitted to operate travel agencies under a license issued by the competent Vietnamese state authority, have rights and obligations in accordance with the provisions of this Decree and the rights and obligations stipulated in the Law on Foreign Investment in Vietnam and related legal documents.

Chapter III

TOURISM GUIDANCE

Article 10. Engaging in Tour Guide Profession

Those who meet the criteria stipulated in this Decree will be considered for issuance of a tour guide card. Only those who have been issued a card may engage in the tour guide profession for international tourists. A tour guide may only engage in the tour guide profession while working at a travel business enterprise.

Article 11. Rights and Obligations of Tour Guides

1. Tour guides have the following rights:

a) To guide tourists according to assigned tasks or contracts signed with travel enterprises;

b) To join professional associations;

c) To guide tourists on domestic and international travel programs;

d) To receive salary and remuneration according to contracts from the employing unit;

đ) To participate in examinations and recognition of tour guide professional levels;

e) Other rights as prescribed by law.

2. Tour guides have the following obligations:

a) To comply with and guide tourists to comply with Vietnamese laws, regulations, and rules of places visited for tourism, and respect local customs and traditions;

b) To guide tourists to visit sites according to the program, with civilized attitudes, attentiveness, and thoroughness towards guests;

c) To be responsible for ensuring the safety, lives, and property of tourists;

d) To provide information about trips to tourists and other legitimate rights of tourists;

đ) To wear the tour guide card while on duty;

e) Fulfill other obligations as prescribed by law.

Article 12. Matters Prohibited for Tour Guides

Tour guides shall not:

1. Exploit travel activities to provide information that harms national security and social order;

2. Lend their tour guide cards to others;

3. Engage in behaviors or speech that negatively impact Vietnam's image and cultural norms;

4. Take tourists to restricted areas;

5. Change the announced travel program without the consent of the tourists;

6. Illegitimately profit from tourists, pressuring them to purchase goods or services;

7. Arbitrarily reduce tourist service standards;

8. Discriminate against tourists;

Article 13. Issuance of Tour Guide Cards

Individuals meeting the following conditions shall be issued a tour guide card:

1. Hold Vietnamese citizenship, reside in Vietnam, and possess full civil capacity;

2. Not suffer from infectious diseases, and not use addictive substances;

3. Possess a bachelor’s degree and a certificate in tour guiding training issued by an authorized educational institution;

4. Possess a bachelor’s degree in foreign languages or a certificate in foreign language training for tourism issued by an authorized educational institution;

Article 14. Application for Issuance of Tour Guide Card

The application for issuance of a tour guide card includes:

a) An application for issuance of a card;

b) A resume (certified by the People's Committee of the commune, ward, or workplace where the applicant resides); Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).c) Certified copies:

Bachelor’s degree and certificate in tour guiding training;

Bachelor’s degree in foreign languages or certificate in foreign language training for tourism;

d) Health examination report and photographs.

Article 15. Procedures for Issuance of Tour Guide Card

1. Individuals meeting the conditions specified in Article 13 of this Decree submit the application for issuance of a card to the competent state management agency for tourism.

2. Within fifteen days from the date of receipt of a complete application, the competent state management agency for tourism shall examine and issue the tour guide card; if the card is refused, the competent state management agency for tourism must provide a written response stating the reasons to the applicant.

3. The Tourism Administration authorizes provincial and centrally-administered city state management agencies for tourism to issue tour guide cards.

The tour guide card is valid nationwide.

Replacement, Reissuance, and Revocation of Tour Guide Cards

Article 16. 1. In cases of replacement or reissuance of tour guide cards:

If the card is damaged or lost, the tour guide must prepare an application for replacement or reissuance of the card.

2. The application for replacement or reissuance includes:

b) Two 3x4 photos;

a) Application form;

c) The old card for replacement, or confirmation from the police authority for loss.

3. Revocation of tour guide cards.

Tour guides will have their cards revoked if they violate any of the following:

a) Violation of Clause 1 or Clause 2 of Article 12;

b) Violation of Clauses 3 to 8 of Article 12.

4. After revocation, tour guides may only apply for reissuance six months from the date of revocation. The application and procedures for issuance follow the provisions of Articles 14 and 15 of this Decree.

STATE MANAGEMENT OF TRAVEL BUSINESS, GUIDING AND TOURIST TRANSPORTATION

Chapter IV

State Management of Travel Business, Guiding and Tourist Transportation

State management of travel business, guiding and tourist transportation

Article 17. 1. The Tourism Administration implements state management over travel business, guiding, and tourist transportation; proposes mechanisms and policies on tourism to the Government, promulgates guiding documents within its authority, and organizes the implementation of legal regulations on travel, guiding, and tourism information provision; coordinates with relevant ministries and sectors to guide localities in implementing state management of tourism, inspecting, and handling violations according to the law.

2. The Tourism Administration publicly announces the conditions and procedures for issuing international travel business licenses for enterprises to base their construction and organization of tourism programs and registration of business operations.

3. The Tourism Administration is responsible for inspecting and supervising the issuance of tour guide cards, handling violations according to current laws, including withdrawing authorization to issue tour guide cards.

4. The Tourism Administration, together with the Ministry of Education and Training and the Ministry of Culture, Sports and Tourism, prescribes the conditions and authorized training institutions to issue certificates in tour guiding training and foreign language training for tourism as stipulated in Clause 3 and Clause 4 of Article 13 of this Decree.

5. The Ministry of Transport leads and coordinates with the Tourism Administration and related sectors and localities to specify standards and conditions for tourist transportation vehicles and their drivers.

6. Provincial and centrally-administered city state management agencies for tourism implement state management over travel business, guiding, and tourist transportation activities within their jurisdictions; guide and inspect compliance with business conditions as prescribed by law within their jurisdictions.

6. The state management agency for tourism at the provincial and centrally governed city level shall manage the business operations of travel agencies, tour guiding, and tourist transportation within their respective jurisdictions; guide and inspect the implementation of business conditions as prescribed by law within their respective jurisdictions.

Chapter V

REWARD AND VIOLATION HANDLING

Article 18. Rewards

Organizations and individuals who achieve success in travel agency operations, tour guiding, and tourist transportation shall be rewarded in accordance with the provisions of the law.

Article 19. Handling Violations

1. Travel agencies that operate without registration, international travel agencies that operate without a license or have violations in fulfilling the obligations stipulated in Clause 2, Article 8 of this Decree; international tour guides that operate without a guide card shall be subject to administrative penalties or revocation of business licenses or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law.

2. Any person who abuses their position or authority to act contrary to the provisions of this Decree and other relevant laws concerning travel agency operations and tour guiding shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 20.

1. Travel agencies that already possess a license and have registered for business operations before the issuance of this Decree shall continue to operate but must adjust and supplement all necessary conditions to comply with the provisions of this Decree.

2. Tour guides who were issued a guide card prior to the issuance of this Decree and whose cards are still valid may continue to use the issued cards to guide tourists.

Article 21. This Decree takes effect fifteen days from the date of signature. All previous regulations contrary to this Decree are hereby abolished.

Article 22. The Tourism Administration is responsible for coordinating with relevant Ministries and sectors to guide the implementation of this Decree.

Article 23. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.