Decree No. 30/2022/NĐ-CP stipulates the management model for national tourist areas

DECREE

REGULATIONS ON THE MANAGEMENT MODEL OF NATIONAL TOURIST AREAS

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Tourism Law dated June 19, 2017;

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

The Government promulgates this Decree to regulate the management model of national tourist areas.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the management model of national tourist areas including: forms of organization for managing national tourist areas; tasks, powers of organizations managing national tourist areas; responsibilities of agencies, organizations, and individuals related to the management of national tourist areas.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals of Vietnam, foreign organizations, and individuals related to the management model of national tourist areas as prescribed in this Decree.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. An organization managing a national tourist area is an organization established with functions, tasks, and powers to manage a national tourist area.

2. A business investing in forming a national tourist area is a business investing in constructing, managing, and exploiting a national tourist area, established and operating in accordance with the laws on businesses.

3. Support services for developing a national tourist area are services meeting the needs of organizations and individuals to promote investment, exploit tourism services, enhance tourist attraction, and improve service quality at the national tourist area provided by the organization managing the national tourist area.

4. Specialized management boards are boards established according to the laws on cultural heritage, forestry, biodiversity, fisheries, and other relevant sectors.

Chapter II

FORMS OF ORGANIZATION FOR MANAGING NATIONAL TOURIST AREAS

Article 4. Types of organizations managing national tourist areas

Types of organizations managing national tourist areas include:

1. Units managing national tourist areas under the jurisdiction of ministries and ministerial-level agencies.

2. Management boards of national tourist areas under the jurisdiction of provincial People's Committees (hereinafter referred to as Provincial People's Committees).

3. Businesses investing in forming national tourist areas.

Article 5. Units managing national tourist areas under the jurisdiction of ministries and ministerial-level agencies

1. Units managing national tourist areas are administrative organizations of ministries and ministerial-level agencies. The establishment, restructuring, and dissolution of units managing national tourist areas as prescribed in this Clause shall be carried out in accordance with the laws on the establishment, restructuring, and dissolution of administrative organizations.

2. Units managing national tourist areas are public service organizations under ministries and ministerial-level agencies. The establishment, restructuring, and dissolution of units managing national tourist areas as prescribed in this Clause shall be carried out in accordance with the laws on the establishment, restructuring, and dissolution of public service organizations.

Organizational structure of units managing national tourist areas

a) The organizational structure of units managing national tourist areas as prescribed in Clause 1 of this Article shall be implemented in accordance with the laws on the establishment, restructuring, and dissolution of administrative organizations;

b) The organizational structure of units managing national tourist areas as prescribed in Clause 2 of this Article shall operate autonomously in terms of organizational structure in accordance with the laws on the establishment, restructuring, and dissolution of public service organizations.

Article 6. The management board of the national tourist area falls under the management of the provincial People's Committee.

1. The provincial People's Committee where the national tourist area is located shall select and organize the establishment or restructuring of the management board in one of the following cases:

a) Establishing a new or restructuring the management board as a public service unit under the provincial People's Committee to manage the national tourist area;

b) Restructuring a specialized management board as a public service unit into a public service unit under the provincial People's Committee to manage the national tourist area and perform functions and tasks as prescribed by relevant laws.

2. The provincial People's Committee shall submit for approval.

3. The management board of the national tourist area shall be established or restructured after the national tourist area is recognized according to the provisions of Article 28 of the Tourism Law.

4. Based on the actual conditions of the locality, the provincial People's Committee decides to entrust the management board of the national tourist area with managing one or more tourist areas within the province.

5. The organizational structure of the management board of the national tourist area implements autonomy in organizational structure according to the provisions of the law on establishing, restructuring, and dissolving public service units.

6. The procedures and formalities for establishing, restructuring, and dissolving the management board of the national tourist area shall be carried out according to the provisions of the law on establishing, restructuring, and dissolving public service units.

Article 7. Enterprises investing in forming a national tourist area

The organizational structure and operation of enterprises investing in forming a national tourist area shall be implemented in accordance with the law on enterprises and relevant laws.

Chapter III

DUTIES AND POWERS OF THE MANAGEMENT ORGANIZATION OF NATIONAL TOURIST AREAS

Article 8. Duties and powers of the management unit of the national tourist area under the management of the ministry or equivalent agency

The duties and powers of the management unit of the national tourist area under the management of the ministry or equivalent agency shall be decided by the competent authority according to the provisions of the law on establishing, restructuring, or dissolving administrative organizations or the law on establishing, restructuring, or dissolving public service units.

Article 9. Duties and powers of the management board of the national tourist area under the management of the provincial People's Committee

1. Duties and powers serving state management

a) Studying and building plans for the long-term, medium-term, and annual development of the national tourist area to be issued by the provincial People's Committee within their authority or submitted to the Provincial People's Council for issuance; special policies, preferential policies, and investment attraction policies in the national tourist area; investment programs and projects ensuring compliance with national, sectoral, regional, and provincial master plans; service support standards and price frameworks for developing the national tourist area;

b) Studying and building regulations for coordinated management of the national tourist area located across two or more provincial administrative units; building and signing coordination management regulations for the national tourist area with the specialized management board (if any);

c) Participating in opinions on investment projects and adjustments to planning within the scope of the national tourist area;

d) Managing, inspecting, and supervising the implementation of legal regulations by tourism service business establishments and related organizations and individuals; monitoring the quality of tourism services within the scope of the national tourist area; managing the activities of tour guides at the site; preparing initial records, protecting the scene, preserving evidence of violations, and promptly reporting to competent authorities for handling according to the law;

đ) Building or cooperating to build and implement plans for managing, investing in development, protecting, conserving, enhancing value, and diversifying tourism resources within the scope of the national tourist area according to the law;

e) Ensuring order and safety for tourists, fire prevention and firefighting, rescue operations, environmental sanitation; supporting defense and security work; preventing any violations related to management within the scope of the national tourist area;

g) Issuing and disseminating, guiding the implementation of internal rules, environmental protection plans, emergency response plans for environmental incidents, and measures to ensure security and safety for tourists in the national tourist area;

h) Studying, evaluating, and determining the carrying capacity of the national tourist area for effective and sustainable management and exploitation of tourism resources;

i) Implementing the reporting system as stipulated in Article 12 of this Decree.

2. Duties and powers providing public services

a) Organizing and providing tour guide and explanatory services for tourists; providing support services for developing the national tourist area; joint ventures and collaborations with organizations and individuals to operate tourism services, manage, and exploit tourism resources within the scope of the national tourist area;

b) Researching, building, and developing products and brands of the national tourist area; international cooperation programs; organizing promotional activities for the national tourist area in domestic and international markets; applying modern information technology to provide information and promotional materials for tourism;

c) Organizing training, seminars, and upgrading knowledge about tourism practices, culture, behavior, and foreign languages for the staff of the management board and employees of tourism service businesses within the scope of the national tourist area;

d) Organizing activities of a tourist assistance center, providing information within the scope of the national tourist area; setting up signboards and directional signs; receiving and resolving complaints, feedback, suggestions, and comments from tourists within the scope of the national tourist area;

đ) Collecting, submitting, managing, and using admission fees, service support development fees for the national tourist area, revenues from joint ventures and collaborations with organizations and individuals, rental income from assets, and other lawful revenues according to the law.

e) Manage, utilize, and be responsible for the financial and assets assigned, implement annual budget management and other sources of income as prescribed by law;

g) Perform other related tasks as prescribed;

3. The tasks and authorities of the Management Board are stipulated in point b, Clause 1, Article 6 of this Decree;

a) Carry out functions, tasks, and authorities as prescribed by relevant laws;

b) Perform tasks and authorities as prescribed in Clause 1 and Clause 2 of this Article;

Article 10. Tasks and Authorities of Investment Enterprises Forming National Tourism Areas

1. Perform tasks and authorities stipulated in points đ, e, g, h, and i, Clause 1; points a, b, c, and d, Clause 2, Article 9 of this Decree;

2. Manage the quality of tourism services within the national tourism area; manage the activities of tour guides at the location;

Article 11. Coordination Mechanism

1. The coordination mechanism of the national tourism area management unit under the jurisdiction of a ministry or ministerial-level agency with related agencies shall be implemented according to their functions and tasks decided by the competent authority in accordance with the law on establishment, reorganization, or dissolution of administrative organizations or the law on establishment, reorganization, or dissolution of public service units;

2. The coordination mechanism of the Management Board of the national tourism area under the jurisdiction of the provincial People's Committee;

a) The Management Board shall take the lead and coordinate with related agencies and organizations to manage and develop the national tourism area;

b) Specialized agencies under the provincial People's Committee shall base on their functions, tasks, and authorities to coordinate with the Management Board during the implementation of related tasks concerning the management and development of the national tourism area;

c) District People's Committees and commune People's Committees within the national tourism area shall coordinate with the Management Board to ensure security, public order, environmental sanitation, and other tasks as prescribed by law;

d) The Management Board of the national tourism area shall take the lead and coordinate with specialized management boards to establish the Regulation on Coordination in Managing the National Tourism Area;

3. The coordination mechanism in managing the national tourism area located across two or more provincial administrative units;

a) The provincial People's Committee where the larger part of the national tourism area is situated shall take the lead and coordinate with the remaining provincial People's Committee to establish the Regulation on Coordination in Managing the National Tourism Area;

b) The Regulation on Coordination in Managing the National Tourism Area shall be signed and implemented by the provincial People's Committee where the national tourism area is located after obtaining a written consensus from the Ministry of Culture, Sports and Tourism;

4. Contents of the Regulation on Coordination in Managing the National Tourism Area include scope, objects regulated, leading agencies, coordinating agencies, principles and contents of coordination, working relationships between agencies, units, and organizations implementing the regulation;

Article 12. Reporting System of the Management Board of the National Tourism Area

1. The Management Board shall implement regular and ad hoc reporting systems as prescribed by law including:

a) A six-monthly report on the management of the national tourism area;

b) An annual report on the management of the national tourism area;

c) Statistical reports;

d) Ad hoc reports;

2. Content of Reports

a) The content of the six-monthly and annual reports includes an assessment of the implementation of management contents of the national tourism area as prescribed in Article 9 of this Decree (results achieved, difficulties, limitations, causes, directions for future activities, suggestions, and proposals);

b) The deadline for finalizing data for the report shall be carried out according to the current regulations on the reporting system, and the latest date for submitting the report is June 20 (for the six-monthly report) and December 15 (for the annual report). Specifically, financial indicators in the report shall be implemented according to the law on the financial reporting system;

c) Regular reports shall be sent to the Ministry of Culture, Sports and Tourism (through the General Department of Tourism) and the provincial People's Committee (through the provincial specialized agency on tourism);

3. Statistical reports; receiving agencies, contents, deadlines, periods of submission, methods of submitting statistical reports shall be carried out according to the current regulations on the basic statistical reporting system applicable to tourism establishments and enterprises managed and licensed by the tourism sector;

4. Ad hoc reports upon request of the Ministry of Culture, Sports and Tourism, and the provincial People's Committee.

Article 13. Financial Mechanism

1. The management unit of the national tourist area as prescribed in Clause 1, Article 5 of this Decree shall be guaranteed state budget for its operations in accordance with the provisions of the law.

2. The management units of the national tourist areas as prescribed in Clause 2, Article 5 and the Management Board of the national tourist areas as prescribed in Clause 1, Article 6 of this Decree shall implement the financial autonomy mechanism in accordance with the provisions of the law applicable to public service units that self-finance regular expenses and investment costs, or public service units that self-finance regular expenses, or public service units that partially self-finance regular expenses.

Chapter IV

RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS AND INDIVIDUALS IN THE MANAGEMENT OF NATIONAL TOURIST AREAS

Article 14. Responsibilities of Ministries and Equivalent Agencies

1. Responsibilities of the Ministry of Culture, Sports and Tourism

a) Guide the implementation of legal normative documents, standards, technical regulations related to the management of national tourist areas;

b) Provide guidance on planning and developing national tourist areas; provide guidance on cultural conservation and promotion activities and human resource training within the scope of national tourist areas;

c) Participate in reviewing major projects, development plans for national tourist areas;

d) Support investment promotion and national tourist area promotion activities in the national destination marketing program;

đ) Conduct inspections and checks on compliance with legal provisions in the management and operation of tourism services at national tourist areas;

e) Provide opinions on the Coordinating Management Regulations for national tourist areas located across two or more provincial administrative units upon request of the People's Committee of the province where the national tourist area is located;

g) Direct the management units of national tourist areas under their jurisdiction to cooperate with specialized management boards in drafting and unifying the issuance of Coordinating Management Regulations for national tourist areas.

2. Responsibilities of the Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development

a) Guide the implementation of legal normative documents, standards, technical regulations within their respective fields of management related to the management of national tourist areas;

b) Organize inspections and checks on the implementation of legal normative documents within their respective fields of management concerning national tourist areas;

c) Participate in reviewing major projects, development plans for national tourist areas;

d) Direct the management units of national tourist areas under their jurisdiction to cooperate with specialized management boards in drafting and unifying the issuance of Coordinating Management Regulations for national tourist areas.

3. Responsibilities of other relevant ministries and equivalent agencies Other relevant ministries and equivalent agencies shall have the responsibility to implement the provisions of Clause 2 of this Article within the scope of their functions, tasks, and authorities.

Article 15. Responsibilities of People's Committees at all levels

1. Responsibilities of the Provincial People's Committee

a) Develop proposals and submit them for approval

b) Direct specialized agencies, district-level People's Committees, and management boards to carry out the management of national tourist areas;

c) Ensure the maintenance of conditions for recognizing national tourist areas;

d) Take the lead or coordinate with the remaining province to develop and unify the issuance of Coordinating Management Regulations for national tourist areas located across two or more provincial administrative units. The provincial-level People's Committee shall take the lead in developing the Coordinating Management Regulations for national tourist areas and send draft documents to the Ministry of Culture, Sports and Tourism for comments;

đ) Direct the management boards of national tourist areas to cooperate with specialized management boards in drafting and unifying the issuance of Coordinating Management Regulations for national tourist areas within their jurisdictions.

2. Responsibilities of District-level People's Committees and Commune-level People's Committees where there are national tourist areas District-level People's Committees and Commune-level People's Committees where there are national tourist areas shall have the responsibility to cooperate with national tourist area management organizations in ensuring security and public order, environmental sanitation, and other tasks as stipulated by law.

Article 16. Responsibilities of specialized agencies under the People's Committee at the provincial level

1. Responsibilities of the provincial specialized agency for tourism

a) Advise the People's Committee at the provincial level on the implementation of state management over national tourist areas within its jurisdiction;

b) Coordinate with the management organization of the national tourist area in implementing management and development activities of the national tourist area;

c) Support promotional and advertising activities for the national tourist area within the province’s tourism promotion program;

d) Organize training and professional development for tour guide staff at the site;

đ) Take the lead and coordinate to guide, inspect, and supervise the implementation of legal provisions on tourism by the management organization of the national tourist area;

e) Perform other tasks assigned by the People's Committee at the provincial level.

2. Responsibilities of other provincial specialized agencies related to the matter

a) Take the lead and coordinate to guide, inspect, supervise the implementation of legal provisions concerning their respective sectors within the national tourist area and the operations of the management organization of the national tourist area;

b) Coordinate with relevant agencies in implementing management and development activities of the national tourist area.

Article 17. Responsibilities of organizations and individuals

Organizations and individuals operating goods and services within the national tourist area shall comply with legal regulations and internal rules of the national tourist area; maintain environmental hygiene, security, public order, and protect tourism resources within the national tourist area.

Chapter V

IMPLEMENTING PROVISIONS

Article 18. Effective Date

This Decree takes effect from August 1, 2022.

Article 19. Transitional Provisions

Within twenty-four months from the date this Decree takes effect, recognized national tourist areas must reorganize their management boards according to the provisions of this Decree.

Article 20. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial-level People's Committees, and related organizations and individuals are responsible for enforcing this Decree./.