Decree No. 39/2000/ND-CP on Tourist Accommodation Facilities

DECREE OF THE GOVERNMENT

On tourist accommodation facilities

 

THE GOVERNMENT

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

Pursuant to the Enterprise Law No. 13/1999/QH10 dated June 12, 1999;

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

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

 

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates on tourist accommodation facilities and state management over tourist accommodation facilities in Vietnam.

Article 2. Applicability

This Decree applies to all organizations and individuals, including both domestic economic sectors and foreign organizations and individuals operating under the Law on Foreign Investment in Vietnam engaged in business of tourist accommodation facilities, except where otherwise provided for by laws on foreign investment in Vietnam.

Article 3.Business of Tourist Accommodation Facilities

Organizations and individuals meeting the conditions prescribed in Article 7 of this Decree shall have the right to engage in business of tourist accommodation facilities.

The State protects the lawful rights and interests of organizations and individuals and creates favorable conditions for all organizations and individuals from various economic sectors to participate in developing tourist accommodation facilities according to planning and plans.

Article 4.Tourist Accommodation Facilities

Tourist accommodation facilities are business establishments providing rooms, beds, and other services meeting standards to serve tourists, including:

Hotels.

Tourism villages.

Tourism business villas.

Tourism business households.

Tourism camping sites.

Guesthouses and inns with tourism business operations.

Article 5. Classification of Tourist Accommodation Facilities

1. Tourist accommodation facilities are classified into two categories:

a) Minimum standard facilities are tourist accommodation facilities having material infrastructure, equipment, and basic services of minimum quality that meet the basic needs of tourists regarding food, lodging, and living activities during their stay.

b) Facilities ranked at one-star, two-star, three-star, four-star, and five-star levels are tourist accommodation facilities having material infrastructure, equipment, and services of higher quality than those specified in point a of Clause 1 of this Article, which meet diverse needs of tourists regarding food, lodging, living activities, and entertainment according to the standards of each level.

2. The classification and ranking criteria for tourist accommodation facilities prescribed in Clause 1 of this Article shall be uniformly applied throughout the country. The General Department of Tourism shall develop and announce detailed standards for each specific type and level.

 

Chapter II

BUSINESS OF TOURIST ACCOMMODATION FACILITIES

Article 6. Forms of Business

1. Forms of business:

a) The business of tourist accommodation facilities shall be conducted in the following forms:

Enterprises.

Individual business households.

b) Organizations and individuals may conduct business in one or more tourist accommodation facilities as prescribed in Article 4 of this Decree.

c) A tourist accommodation facility may be an enterprise or a unit within an enterprise.

2. All organizations and individuals engaging in business of tourist accommodation facilities must register their business in accordance with the provisions of the law.

Article 7. Conditions for Engaging in Business of Tourist Accommodation Facilities

Tourist accommodation facilities must ensure the following conditions:

1. The location of tourist accommodation facilities must be at a certain distance from schools, hospitals, and places that could cause pollution, in compliance with local regulations on construction of tourist accommodation facilities; they must not be located within or adjacent to areas of national defense, security, and targets requiring protection.

2. Material infrastructure and equipment must meet standards appropriate to each type of tourist accommodation facility.

Article 8. Business of Conditional Services in Tourist Accommodation Facilities

1. Tourist accommodation facilities not classified as one-star, two-star, three-star, four-star, or five-star facilities when conducting business of goods and services subject to conditions must comply strictly with current regulations.

2. Tourist accommodation facilities classified as one-star, two-star, three-star, four-star, or five-star facilities when conducting business of goods and services subject to conditions do not need to obtain a business license but must register with competent authorities before commencing such activities.

Service providers conducting conditional business at tourist accommodation facilities must meet the conditions and standards prescribed by law.

Article 9. Classification and Rating of Tourism Accommodation Facilities

1. The type and rating of tourism accommodation facilities serve as the basis for determining the quality of such facilities; they are also the basis for organizations and individuals operating tourism accommodation facilities to invest in construction, advertising, and conducting business activities.

2. Within the latest period of six (6) months from the start of business operations, the owner of a tourism accommodation facility must register with the competent authority to have the type and rating of the facility examined and certified according to the provisions of Clause 3, Article 14 and Clause 3, Article 15 of this Decree.

3. The owner of a tourism accommodation facility is responsible for ensuring and maintaining the standards and conditions of the facility in accordance with the registered type and rating or those recognized. In cases where a tourism accommodation facility, after being recognized for its type and rating, has new conditions that meet the standards of a higher category or fails to ensure and maintain the conditions and standards of its current category, the competent authority will review and issue a new certificate of type and rating that matches the actual conditions and standards of the facility.

4. Within fifteen (15) days from the date of receiving notification from the competent authority regarding the type and rating of the tourism accommodation facility, the owner of the facility has the right to appeal to the competent authority concerning the recognition of the type and rating if they find it unsatisfactory.

5. The fee for assessing the rating of tourism accommodation facilities shall be stipulated by the Ministry of Finance.

Article 10. Rights of Organizations and Individuals Operating Tourism Accommodation Facilities

1. Organizations and individuals operating tourism accommodation facilities have the following rights:

a) To hire managers, operators, and professionals (regardless of whether they are domestic or foreign nationals).

b) To refuse or cancel accommodation contracts with guests in the following situations:

Guests do not comply with the internal regulations of the facility which have been publicly announced beforehand.

Guest requests exceed the facility's capacity to meet them.

Discovery of guests engaging in illegal activities.

If guests are found to be carrying infectious diseases.

In special circumstances, the tourism accommodation facility cannot accept guests.

c) To refuse inspections and checks that are not in accordance with the law.

d) Other rights as prescribed by law.

2. Tourism accommodation facilities meeting the standards of one-star, two-star, three-star, four-star, and five-star ratings, in addition to the rights specified in Clause 1 of this Article, also have the right:

a) To register to use satellite signal reception equipment.

b) To introduce their tourism accommodation facilities in promotional publications issued by state management agencies for tourism.

Article 11. Obligations of Organizations and Individuals Operating Tourism Accommodation Facilities

Organizations and individuals operating tourism accommodation facilities have the following obligations:

1. To operate within the scope of business as registered, and during operation, to ensure and regularly maintain the conditions and standards prescribed for the type and rating of the tourism accommodation facility as registered or recognized.

2. To notify in writing the commencement of business operations to the state management agency for tourism.

3. To display signs indicating the recognized tourism accommodation facility and only advertise in accordance with the recognized type and rating.

4. To ensure and maintain service quality; the stability and appropriateness of equipment quality in line with the registered or recognized type and rating.

5. To ensure environmental hygiene standards; food safety and hygiene standards, and implement hygiene requirements during service provision.

6. To take measures to ensure the safety of guests' lives and property.

7. To strictly and fully comply with temporary residence registration procedures as prescribed.

8. To publicly display prices of goods and services within the tourism accommodation facility.

9. To meticulously and fully maintain accounting records, file storage, and financial documents related to business operations, and report as required by law.

10. To have internal regulations of the tourism accommodation facility in Vietnamese and foreign languages.

11. To fulfill other obligations as prescribed by law.

Article 12. Management of Accommodating Guests

Tourist accommodation facilities must:

1.Require guests to present identity documents and only accept guests foraccommodation when they have valid identity documents.

2.Store lists of accommodated guests along with other necessary information asprescribed by competent state management agencies.

Article 13.Ensure security, public order, and social safety

Strictly prohibit all acts of exploiting tourist accommodation business activitiesfor buying, selling, storing, using narcotics; illegally using weapons, supporttools, explosive materials, flammable substances, toxic substances, radioactivematerials; organizing, harboring, brokering prostitution; disseminating prohibitedcultural products, promoting superstitious activities, harboring criminals evadingthe law, and other illegal activities that affect security, public order, societalsafety, behaviors contrary to national customs and traditions, and adverselyaffecting the tourism development environment.

 

Chapter III

STATE MANAGEMENT OF TOURIST ACCOMMODATION FACILITIES

Article 14.State management of tourist accommodation facilities

The General Administration of Tourism shall implement state management of touristaccommodation facilities throughout the country, with the following tasks andpowers:

1.Develop and guide localities in implementing planning and plans for the developmentof tourist accommodation facilities in accordance with the approved nationaltourism development plan.

2.Specify standards for each type and category of tourist accommodation facility;specify procedures and processes for classifying and ranking tourist accommodationfacilities; specify classification and ranking symbols for tourist accommodationfacilities; specify standards for managers and service staff, and quality andstandards for services provided by tourist accommodation facilities.

Publicize the established standards so that organizations and individuals operatingtourist accommodation facilities are aware and comply with them during theirbusiness operations; serve as a basis for competent authorities to rank, issuecertificates for tourist accommodation facilities, and conduct inspections andsupervision.

3.Issue certificates for tourist accommodation facilities meeting the standards forthree-star, four-star, and five-star rankings.

4.Perform other tasks and powers as prescribed by the Tourism Ordinance.

Article 15. State Management of Tourist Accommodation Facilities at Provincialand Central City Levels

The provincial and central city-level state management agencies for tourism havethe following tasks:

1.Cooperate with the General Administration of Tourism to develop tourismdevelopment plans for the locality, publicly announce such plans, and guideorganizations and individuals in investing in and constructing touristaccommodation facilities in line with socio-economic development plans and tourismdevelopment plans in the area.

2.Organize guidance and inspection of the implementation of policies andregulations on tourist accommodation facilities in the locality; inspect theimplementation of standards for tourist accommodation facilities.

3.Issue certificates for tourist accommodation facilities meeting minimum standardsand one-star, two-star ranking standards.

4.Perform other tasks and powers as prescribed by the Tourism Ordinance.

Article 16. Management of Development of the System of Tourist AccommodationFacilities

Construction and development of tourist accommodation facilities must be in linewith socio-economic development requirements. New construction of touristaccommodation facilities must be carried out in accordance with laws on investmentmanagement and construction, consistent with approved tourism development plans.

Tourist accommodation facilities operating before the issuance of this Decree, ifthey do not comply with Clause 1 of Article 7 of this Decree, may continue tooperate but may not expand the scale of their facilities.

 

Chapter IV

REWARD AND VIOLATION HANDLING

Article 17. Awards

Organizations and individuals who achieve success in developing and operatingtourist accommodation facilities shall be rewarded according to the law.

Article 18. Handling violations

1.Organizations and individuals who fail to register for business; construct touristaccommodation facilities not in accordance with the plan; fail to maintain thestandards and conditions for operating tourist accommodation facilities accordingto the registered type and category, or recognized standards, or engage in otherviolations, shall be subject to administrative penalties or criminal liabilitydepending on the nature and severity of the violation as prescribed by law.

2.Anyone who abuses their position or authority to violate the provisions of thisDecree and related laws shall be subject to disciplinary action or criminalliability depending on the nature and severity of the violation as prescribed bylaw.

 

Chapter V

IMPLEMENTING PROVISIONS

Article 19. This Decree takes effect fifteen days from the date of signature; previousprovisions inconsistent with this Decree are abolished.

Article 20. Within six months from the date this Decree takes effect, tourist accommodationfacilities that were registered for business operations before the issuance ofthis Decree may continue to operate but must adjust and supplement conditions tocomply with the provisions of this Decree.

Article 21. At the latest sixty days from the date this Decree takes effect, the GeneralAdministration of Tourism shall take the lead in coordinating with relevantministries and sectors to guide the implementation of this Decree.

Article 22. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen 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).Provincial People's Committees and Central City People's Committees areresponsible for organizing the implementation of this Decree./.