Joint Circular No. 27/LB.TCDL-TM stipulates the conditions for business operations at tourist accommodation facilities and restaurants.

JOINT CIRCULAR

Regulations on Conditions for Business at Tourist Accommodation Facilities and Restaurants

 and Eating Establishments

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Pursuant to Decree 15/CP dated March 2, 1993 of the Government on the tasks, powers, and responsibilities of state management by ministries and ministerial-level agencies;

Pursuant to Decree 02/CP dated January 5, 1995 of the Government stipulating goods and services prohibited from commercial trade and goods and services subject to conditions for commercial trade in the domestic market;

 The Ministry of Trade and National Tourism Administration jointly promulgate the following regulations on conditions for business in tourist accommodation and eating establishments:

I. SCOPE AND APPLICABLE ENTITIES

b) In cases where funds from organizations and individuals within and outside Vietnam are used for victim support work and victim support benefits, such activities shall be carried out in accordance with the regulations of the Ministry of Finance and the donor; in cases where there is no agreement between the donor or their authorized representative and the Ministry of Finance regarding the expenditure level, the expenditure level prescribed in this Circular shall apply.

The types of tourist accommodation facilities and eating establishments subject to these Circular include:

- Tourist accommodation facilities: Hotels, motels, tourist villages (Tourit village), camping sites, bungalows, villas (hereinafter referred to collectively as accommodation facilities).

- Eating establishments: restaurants providing comprehensive food and beverage services, specialized food and beverage restaurants, specialty dishes (hereinafter referred to collectively as eating establishments).

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

Organizations and individuals of all economic sectors, whether Vietnamese or foreigners legally residing in Vietnam, wishing to engage in business in accommodation facilities or eating establishments must meet the conditions stipulated in this Circular and must apply for a business condition certification.

2.1. In cases where an eating establishment is located within the premises of an accommodation facility, a single business condition certification will be issued for the accommodation facility, but it must satisfy the conditions specified for each sector.

2.2. For Vietnamese organizations and individuals, the business condition certification is one of the prerequisites for registering business operations (Business Registration).

2.3. For foreign organizations and individuals (joint ventures between Vietnam and foreign countries or wholly foreign-owned entities), they must apply for a business condition certification when commencing business operations.

Organizations and individuals engaged in low-cost lodging and eating establishments are not covered by the scope of this Circular.

4.1. Accommodation facility: A place conducting business in accommodation, dining, entertainment, and supplementary services to meet diverse customer needs.

Types of accommodation facilities are understood according to Article 3 of the Management Regulation for Tourist Accommodation Facilities issued together with Decision No. 108/QĐ-TCDL dated June 22, 1994 of the National Tourism Administration.

4.2. Eating establishment: A place conducting business in high-quality food and beverages, equipped with good service quality, catering to all customer groups, and operating as businesses with statutory capital levels as prescribed for each type of enterprise.

II- CONDITIONS FOR ISSUANCE OF BUSINESS CONDITION CERTIFICATION

1. Conditions regarding the business entity

Organizations and individuals wishing to conduct business in accommodation facilities or eating establishments must be enterprises (or units under enterprises) established in accordance with current regulations on enterprise formation.

2. Conditions regarding technical infrastructure

2.1. Requirements for the business location

It must comply with legal provisions and current state regulations on hygiene, environmental protection, traffic safety, and social order. The business location must be at least 100 meters away from public sanitation areas, garbage dumps, stagnant ponds, and production sites emitting significant dust, toxic substances, or loud noise, and hospitals that may cause infectious diseases. Additionally, accommodation facilities must be outside areas designated for national defense and security protection as defined by competent authorities.

2.2. Minimum requirements for technical infrastructure and service standards.

- Accommodation facilities: Equipped with good facilities and service quality, meeting specific requirements set out in Appendices 4, 5, 6, 7, and 8 for each type of accommodation facility.

- Eating establishments: Equipped with good facilities and service quality, meeting specific requirements set out in Appendices 7 and 8.

3. Conditions regarding staff

3.1. Professional qualifications requirement:

Managers conducting business in accommodation facilities and eating establishments must have been trained in management and professional skills relevant to their business and service sectors.

3.2. Health requirement:

Staff in accommodation facilities and eating establishments must have health conditions suitable for their respective industries as stipulated by the Ministry of Health. They must not suffer from any of the infectious diseases listed in Appendix 9.

3.3. Personnel requirement:

Staff in accommodation facilities must meet the conditions stipulated in Decree 17/CP dated December 23, 1992 of the Government on managing special trades.

III- PROCEDURES FOR ISSUANCE OF BUSINESS CONDITION CERTIFICATION

1. Principles for filing applications and issuance of business condition certification

The business condition certification is issued jointly for the enterprise, clearly stating the name and address of each accommodation facility or eating establishment meeting the business conditions within the enterprise. Therefore, each accommodation facility or eating establishment within the same enterprise must file separate applications to be reviewed against the stipulated conditions. If an eating establishment is located within an accommodation facility, it does not need to file a separate application.

The business condition certification is one of the prerequisites for obtaining a business license (for non-state enterprises) or a decision to establish an enterprise (for state enterprises) and for registering business operations (Business Registration). The Business Registration must clearly state the name and address of each accommodation facility or eating establishment within the enterprise meeting the business conditions.

In cases where an enterprise has two or more accommodation facilities or eating establishments, each facility or establishment must retain a certified copy of the Business Registration and business condition certification of the enterprise, clearly stating the name of the accommodation facility or eating establishment.

2.1. Common for enterprises:

2. Documents

- Application for issuance of business condition certification (according to the model in Appendix No. 1).

- Application for issuance of a certificate of eligibility to conduct business (in accordance with Appendix Model No. 1).

- A certified copy of the business registration certificate (for cases where business has already been conducted), or an investment permit (for establishments with foreign capital).

2.2. For each accommodation facility or restaurant:

- An inventory of minimum physical facilities and equipment according to Section II.2.2.

- An inventory list of staff members (according to Form Appendix No. 2).

- Health certificates for staff issued by health authorities.

- Proof of lawful land use rights for the business premises: Property ownership certificate or lease agreement (in case of leased premises).

- Accommodation facilities must additionally submit a certificate of compliance with security and public order conditions issued by the District or County Police. In cases where such a certificate has not yet been obtained, they must submit the required documents as stipulated in Decree No. 17/CP dated December 23, 1992 of the Government, Circular No. 03/BNV dated March 27, 1993, and Decision No. 446/BNV-QĐ dated November 25, 1993 of the Ministry of Home Affairs, so that the receiving agency can agree with the police before issuing the business compliance certificate.

3. Cases requiring application for a business compliance certificate.

3.1. Organizations or individuals starting business for the first time (without business registration or business license).

3.2. Adding accommodation or restaurant business functions to an entity that already has business registration.

3.3. Already having accommodation or restaurant business functions (with existing business registration), now constructing new accommodation or restaurant facilities.

In this case, the name and address of the new accommodation or restaurant facility must be added to the existing business compliance certificate and business registration.

3.4. Conducting accommodation or restaurant business prior to the issuance of Decree No. 02/CP (already having business registration):

- For enterprises that have been issued a practice certificate or practice permit: Follow the provisions at Section III 2.1.3a of Circular No. 13/TM-CSTTTN dated June 21, 1995 of the Ministry of Trade.

- For enterprises that have not been issued a practice certificate or practice permit: Follow the provisions at Section III 2.1.3b of Circular No. 13/TM-CSTTTN dated June 21, 1995 of the Ministry of Trade.

- Individuals currently conducting business under Decree No. 66/HĐBT in the field of accommodation or restaurant business must establish a business according to current regulations on business establishment and apply for a business compliance certificate.

Within 60 days from the date this Circular takes effect, the aforementioned accommodation facilities or restaurants must complete all procedures as prescribed. If any of the prescribed conditions are not met, operations must cease until all conditions are fully met.

4. Authority to examine and issue business compliance certificates

4.1. For provinces and cities with both Tourism Departments and Commerce Departments, the division of responsibilities for receiving applications, assessing actual conditions, and issuing business compliance certificates for organizations and individuals engaged in tourism accommodation or restaurant business is as follows: - The Tourism Department receives and issues certificates to businesses operating accommodation or both accommodation and food service, and during assessment, must verify both accommodation and food service conditions (if applicable).

- The Commerce Department receives and issues certificates to businesses solely operating restaurants.

4.2. For provinces and cities with only a Tourism and Commerce Department, the Tourism and Commerce Department will receive applications, assess actual conditions, and issue business compliance certificates for organizations and individuals engaged in tourism accommodation or restaurant business.

4.3. Within 20 days from receipt of complete and valid applications, the Tourism Department, Commerce Department (or Tourism and Commerce Department) shall respond to the applicant. In cases of refusal to issue a business compliance certificate, a written response must be provided.

The business compliance certificate shall be in a unified form as specified in Appendices 3a, 3b, and 3c.

IV. REQUIREMENTS THAT MUST BE COMPLIED WITH WHEN CONDUCTING BUSINESS

1. Continuously ensure business conditions as prescribed in this Circular.

2. Strictly comply with the provisions of Decree No. 87/CP dated December 12, 1995 of the Government on strengthening management of cultural activities and cultural services, and intensifying efforts to eliminate serious social evils. If accommodation facilities or restaurants offer services such as nightclubs, massage, karaoke, etc., they must adhere to current regulations regarding business conditions and organizational activities for these types of services.

3. When operating accommodation facilities, implement the minimum service standards set out in Appendix 10 and comply with the "Regulations on Management of Tourism Accommodation Facilities" promulgated together with Decision No. 108/QĐ-TCDL dated June 22, 1994 of the General Administration of Tourism.

V. INSPECTION AND HANDLING OF VIOLATIONS

1. Inspection

1.1. Organizations and individuals operating accommodation facilities and restaurants are subject to inspection by the Tourism sector or Commerce sector and other competent state agencies as prescribed by Law. Inspections are carried out either periodically or randomly.

1.2. Inspection contents:

- Inspection of business registration certificates and business compliance certificates.

- Inspection of business conditions as prescribed in Section II.

- Inspection of service quality and hygiene in accommodation facilities and restaurants.

- Inspection of financial systems, statistics, accounting, and tax compliance.

2. Disciplinary Actions

Depending on the severity of the violation, organizations and individuals operating accommodation facilities or restaurants will be handled according to the Administrative Violation Law or prosecuted under the law.

Organizations and individuals who abuse their positions or powers to violate laws and this Circular will be administratively punished or criminally prosecuted according to the law. This Circular takes effect from the date of signature. All previous regulations contrary to this Circular are abolished.

This Circular takes effect from the date of signature. All previous regulations contrary to this Circular are abolished.