Decree No. 45/2019/NĐ-CP on administrative penalties for violations in the tourism sector

DECREE

Regulations on Administrative Sanctions for Violations in the Tourism Sector

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Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

Pursuant to the Law on Tourism dated June 19, 2017;

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

The Government promulgates this Decree on administrative sanctions for violations in the tourism sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative offenses, forms of sanctions, levels of sanctions, measures to remedy consequences, sanctioning authorities, and authorities to record administrative offenses in the tourism sector.

2. Acts of administrative offenses in the tourism sector not specified in this Decree shall be subject to regulations in other Decrees of the Government on administrative sanctions in sectors related to state management.

1. Vietnamese organizations and individuals engaged in tourism activities within the territory of Vietnam and abroad; foreign organizations and individuals engaged in tourism activities within the territory of Vietnam.

2. Organizations subject to administrative sanctions under this Decree include:

a) Tourism enterprises established and operating in accordance with Vietnamese laws;

b) Branches and representative offices of tourism enterprises;

c) Tourism cooperatives and inter-cooperatives;

d) Representative offices in Vietnam of foreign tourism agencies, international and regional tourism organizations;

đ) Tourism social-professional organizations;

e) Management boards of tourist sites, tourist areas, public service units engaged in tourism;

g) Guesthouses and lodges of state agencies engaged in tourism accommodation services.

3. Individuals subject to administrative sanctions under this Decree are those who do not fall under the provisions of Clause 2 of this Article.

4. Persons authorized to record and impose administrative sanctions.

5. Other related agencies, organizations, and individuals.

Article 3. Forms of Administrative Sanctions

1. Principal forms of sanctions

For each act of administrative offense in the tourism sector, the violator must bear one of the following principal forms of sanctions:

a) Warning;

b) Fine;

2. Supplementary forms of sanctions

Depending on the nature and degree of violation, individuals and organizations committing administrative offenses in the tourism sector may also be subject to one or more of the following supplementary forms of sanctions:

a) Suspension of the right to use for a period of from one month to twenty-four months: Travel agency business license; tour guide card; decision recognizing the classification level of tourist accommodation facilities; decision recognizing other tourism service businesses meeting customer service standards; decision recognizing tourist sites; decision recognizing tourist areas; signboard of tourist transport vehicles;

b) Suspension of operations for a period of from one month to six months;

c) Confiscation of objects involved in administrative offenses: Fake travel agency business licenses; fake tour guide cards; fake signboards of tourist transport vehicles.

Article 4. Measures to Remedy Consequences

In addition to being subject to the forms of sanctions prescribed in Article 3 of this Decree, individuals and organizations committing administrative offenses in the tourism sector may also be subject to one or several of the following measures to remedy consequences:

1. Compelling the return of unlawful profits obtained through the commission of the administrative offense.

2. Compelling the revocation of international travel agency business licenses, tour guide cards, decisions recognizing the classification level of tourist accommodation facilities, decisions recognizing other tourism service businesses meeting customer service standards, decisions recognizing tourist sites, decisions recognizing tourist areas.

3. Compelling the removal of signboards indicating compliance with customer service standards.

4. Compelling the payment of all fees, charges, and amounts due according to regulations.

Article 5. Amount of fines and authority to impose fines in the field of tourism

1. The maximum amount of fine for each administrative violation in the field of tourism against individuals is 50,000,000 VND, and against organizations is 100,000,000 VND.

2. The amounts of fines prescribed in Articles 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 of this Decree apply to individuals. The amount of fine prescribed in Article 7 of this Decree applies to organizations.

3. For the same administrative violation, the amount of fine for organizations is twice the amount of fine for individuals.

4. The authority to impose fines of officials with the power to impose penalties as prescribed in Chapter III of this Decree applies to the administrative violations of individuals; the authority to impose fines on organizations is twice the authority to impose fines on individuals.

Chapter II

ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES, AMOUNTS OF FINES AND MEASURES TO REMEDY CONSEQUENCES

1. Warning or imposing a fine from 200,000 VND to 500,000 VND for the act of not having human resources or material infrastructure to receive complaints and reflections of tourists within the management scope.

2. Imposing a fine from 500,000 VND to 1,000,000 VND for the act of not promptly resolving complaints and reflections of tourists within the management scope upon receipt thereof.

3. Imposing a fine from 1,000,000 VND to 3,000,000 VND for any of the following acts:

a) Competing for tourists or pressuring tourists to purchase goods or services;

b) Discriminating against tourists;

c) Not implementing the reporting regime to competent state agencies as prescribed.

4. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on one of the following acts:

a) Not promptly informing competent state agencies when discovering accidents, risks, or incidents involving tourists;

b) Not resolving complaints and reflections of tourists within the management scope;

c) Illegally profiting from tourists.

5. A fine of from VND 5,000,000 to VND 10,000,000 for any of the following acts:

a) Not warning tourists about potential dangers;

b) Not informing or guiding tourists in emergency situations.

6. Imposing a fine from 10,000,000 VND to 15,000,000 VND for the act of not coordinating with relevant agencies, organizations, or individuals in rescue operations for tourists.

7. Imposing a fine from 15,000,000 VND to 20,000,000 VND for the act of not applying measures to ensure the lives, health, and property of tourists.

8. Additional forms of punishment:

Suspension of operations from one month to three months for the acts prescribed in Clauses 5, 6, and 7 of this Article.

9. Remedial measures:

Compelling the return of illegal profits obtained through the acts prescribed in Point a Clause 3, Point c Clause 4 of this Article.

Article 7. Violations of regulations on travel agency services

1. Imposing a fine from 500,000 VND to 1,000,000 VND for the act of not promptly coordinating with competent state agencies to handle violations of laws by tourists during their participation in tour programs.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on one of the following acts:

a) Not providing information related to tour programs to the receiving travel agency;

b) Not disseminating or guiding tourists to comply with laws and regulations of the destination;

c) Not disseminating or guiding tourists to behave civilly and respect the cultural identity, customs, and traditions of Vietnam and the destination;

d) A travel contract lacking one of the contents as prescribed;

đ) A tour program lacking one of the contents as prescribed;

e) An agency contract lacking one of the contents as prescribed.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Not submitting files on substitute persons responsible for travel agency services as prescribed;

b) Not notifying in writing of changes to the person responsible for travel agency services as prescribed;

c) Providing unclear, non-transparent, or dishonest information about tour programs, services, and tourist destinations to tourists or their representatives.

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Not coordinating with competent state agencies to handle violations of laws by tourists during their participation in tour programs;

b) Not providing information about tour programs, services, and tourist destinations to tourists or their representatives;

c) Not publicly displaying the name of the enterprise, business license number for travel agency services at the headquarters, branch offices, transaction offices, or in travel contracts or promotional materials or in electronic transactions.

5. Impose a fine of from VND 10,000,000 to VND 15,000,000 for one of the following acts:

a) Using international or domestic tour guides without employment contracts with travel service enterprises or service providers or who are not members of professional associations for tour guides as prescribed;

b) Using tour guides beyond their licensed scope;

c) Using tour guides without a guiding contract or assignment document as prescribed;

6. Imposing a fine from 15,000,000 VND to 20,000,000 VND for any of the following acts:

a) Not monitoring or supervising the implementation of contracts by receiving travel agencies;

b) Not monitoring or supervising the activities of tour guides as prescribed;

c) Not organizing the implementation of tour programs sold by receiving travel agencies.

7. Imposing a fine from 20,000,000 VND to 30,000,000 VND for any of the following acts:

a) Not having a travel contract with enterprises, tourists, or their representatives as prescribed;

b) Not having an agency contract with travel agencies as prescribed;

c) Not having a tour program as prescribed;

d) Not maintaining records related to travel agency services;

đ) Falsely declaring documents in applications for issuance, renewal, or replacement of travel agency business licenses.

8. Imposing a fine from 30,000,000 VND to 40,000,000 VND for any of the following acts:

a) Not using tour guides to guide tourists according to travel contracts;

b) Modifying the travel program, standards, and services agreed upon without the consent of the tourist or the tourist's representative;

c) Not managing tourists according to the travel program agreed with the tourists.

9. A fine of VND 40,000,000 to VND 50,000,000 for any of the following acts:

a) Not purchasing insurance for tourists during the implementation of the travel program as prescribed;

b) Not using services provided by organizations or individuals listed in the Catalogue of organizations and individuals fully meeting safety measures for tourists as prescribed;

c) Using tour guides who provide or introduce to tourists information that distorts historical, cultural, and national sovereignty facts.

10. A fine of VND 50,000,000 to VND 60,000,000 for any of the following acts:

a) Using persons without a tour guide license to guide tourists;

b) Using persons with a fake tour guide license to guide tourists.

11. A fine of VND 60,000,000 to VND 70,000,000 for any of the following acts:

a) Not complying with the regulations on depositing guarantees for travel agency services;

b) Not replenishing the sufficient amount of guarantee money used as prescribed;

c) Using a person responsible for travel agency services who does not meet the prescribed conditions.

12. A fine of VND 70,000,000 to VND 80,000,000 for any of the following acts:

a) Not processing the procedures to change the business license for travel agency services as prescribed;

b) Engaging in travel agency services outside the scope of business specified in the business license for travel agency services.

a) Allowing other organizations or individuals to use the business license for travel agency services of the enterprise to conduct business activities;

b) Using the business license for travel agency services of another enterprise to conduct business activities for enterprises holding a business license for travel agency services;

d) Using foreign nationals to engage in tour guiding activities in Vietnam.

14. A fine of VND 90,000,000 to VND 100,000,000 for any of the following acts:

a) Conducting travel agency services after announcing temporary cessation of operations;

b) Conducting travel agency services after the competent state authority has revoked the right to use the business license for travel agency services;

c) Conducting travel agency services after the competent state authority has suspended the operation of travel agency services;

d) Engaging in travel agency services without a business license for travel agency services;

đ) Using a fake business license for travel agency services to conduct business activities.

15. Additional forms of punishment:

c) Revoking the right to use the business license for travel agency services for eighteen months to twenty-four months for the act prescribed in Point a and Point c Clause 14 of this Article;

đ) Confiscating the objects of administrative violations for the act prescribed in Point đ Clause 14 of this Article.

16. Remedial Measures:

a) Compelling the return of illegal profits obtained from implementing the acts prescribed in Point b Clause 8, Point b Clause 12, Point a and Point b Clause 13, and Clause 14 of this Article;

b) Compelling the revocation of the business license for travel agency services for the act prescribed in Point đ Clause 7 of this Article.

Article 8. Violations concerning travel agency agency business operations

1. Warning or a fine from VND 200,000 to VND 500,000 for the act of hanging the travel agency agency sign at a location that is difficult to identify at the agency's office.

2. A fine from VND 500,000 to VND 1,000,000 for the act of entering into a travel agency agency contract lacking one of the contents as prescribed.

3. Imposing a fine from 1,000,000 VND to 3,000,000 VND for any of the following acts:

a) Not notifying the provincial tourism authority of the commencement date of business operations or the business location or information about the travel agency agency entrusting enterprise.

b) Providing unclear, non-public, or untruthful information about the quantity or price of tour services provided by the travel agency agency entrusting enterprise to tourists.

4. A fine from VND 3,000,000 to VND 5,000,000 for the act of not hanging the travel agency agency sign.

5. A fine of from VND 5,000,000 to VND 10,000,000 for any of the following acts:

a) Not providing information about the quantity or price of tour services provided by the travel agency agency entrusting enterprise to tourists;

b) Selling tour programs that do not conform to the content in the travel agency agency contract.

6. A fine from VND 10,000,000 to VND 15,000,000 for any of the following acts:

a) Not establishing and retaining records of sold tour programs according to regulations;

b) Not having a travel agency agency contract with a service travel business enterprise according to regulations.

7. A fine from VND 15,000,000 to VND 20,000,000 for the act of not registering travel agency agency business operations with the competent state agency according to regulations.

8. A fine from VND 20,000,000 to VND 30,000,000 for the act of organizing the implementation of tour programs of the travel agency agency entrusting enterprise for a business enterprise without a service travel business license.

9. A fine from VND 30,000,000 to VND 40,000,000 for the act of accepting the sale of tour programs of the travel agency agency entrusting enterprise to an entrusting party that does not meet the conditions as prescribed.

10. Measures to address consequences:

Order to return the illegal profits obtained from implementing the acts stipulated in point b, Clause 5, Articles 7, 8, and 9 of this Law.

Article 9. Violations concerning tour guiding

1. Warning or a fine from VND 200,000 to VND 500,000 for the act of not wearing a tour guide identification card while practicing tour guiding.

2. Fine from VND 500,000 to VND 1,000,000 for one of the following acts:

a) Unable to present the assignment of tasks of the tour program organizing enterprise as prescribed while practicing;

b) Unable to present the tour program as prescribed while practicing.

3. Imposing a fine from 1,000,000 VND to 3,000,000 VND for any of the following acts:

a) Not guiding tourists to comply with Vietnamese laws, laws of the destination country, internal rules of the visited sites, customs, and traditions of the destination locality;

b) Providing unclear, non-public, or untruthful information about the tour program, services, and legal rights and interests of tourists to tourists.

4. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on one of the following acts:

a) Not complying with the internal rules and regulations of tourist areas, tourist spots, and service providers when practicing;

b) Not respecting the customs, traditions, and local cultural identity when practicing;

c) Having an uncivilized attitude towards tourists when practicing;

d) Not providing information to tourists about the tour program, services, and legal rights and interests of tourists.

5. A fine of from VND 5,000,000 to VND 10,000,000 for any of the following acts:

a) Not guiding tourists according to the assigned tasks or tour guide contract;

b) Not guiding tourists according to the correct tour program;

c) Not reporting to the service travel business manager the decision to change the tour program when requested by tourists;

d) Not having a labor contract with a service travel business enterprise or a tour guiding service provider or not being a member of a social-professional organization as prescribed when practicing for international and domestic tour guides;

đ) Not having a tour guide contract with a service travel business enterprise or not having a tour assignment document according to the tour program as prescribed;

e) Not having an assignment from the tourist area, tourist spot management organization for tour guides at the site.

6. A fine from VND 10,000,000 to VND 15,000,000 for any of the following acts:

a) Falsely declaring the application for issuance, replacement, or reissuance of a tour guide identification card;

b) Renting, lending, borrowing, or lending a tour guide identification card;

c) Practicing tour guiding outside the scope of practice as prescribed.

7. A fine from VND 15,000,000 to VND 20,000,000 for any of the following acts:

a) Not having a tour guide identification card while practicing;

b) Using a fake tour guide identification card to practice tour guiding.

8. A fine from VND 20,000,000 to VND 30,000,000 for the act of providing or introducing misleading historical, cultural, or national sovereignty information to tourists.

9. A fine from VND 30,000,000 to VND 50,000,000 for the act of practicing tour guiding in Vietnam by foreigners.

10. Additional forms of punishment:

c) Seizing the administrative violation evidence for the act stipulated in point b, Clause 7 of this Article.

11. Remedial measures:

a) Order to return the illegal profits obtained from implementing the acts stipulated in point b and point c, Clause 6 and Article 7 of this Law;

b) Order to recall the tour guide identification card for the act stipulated in point a, Clause 6 of this Law.

Article 10. Violations of general provisions on operating tourism accommodation services

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on any of the following acts:

a) Failing to fully notify the provincial specialized agency on tourism about the contents before commencing operations at the tourism accommodation facility as prescribed;

b) Notifying operations outside the time limit as prescribed;

c) Failing to publicly display prices of goods and services as prescribed.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on one of the following acts:

a) Failing to notify before commencing operations as prescribed;

b) Failing to notify changes in the name of the tourism accommodation facility as prescribed;

c) Failing to notify changes in the scale of the tourism accommodation facility as prescribed;

d) Failing to notify changes in the address of the tourism accommodation facility as prescribed;

đ) Failing to notify changes in the legal representative of the tourism accommodation facility as prescribed.

3. A fine of VND 3,000,000 to VND 5,000,000 for failing to publicly display the internal regulations of the tourism accommodation facility as prescribed.

4. A fine of VND 5,000,000 to VND 10,000,000 for selling goods and services within the tourism accommodation facility at prices other than those displayed.

5. A fine of VND 10,000,000 to VND 15,000,000 for failing to ensure the rights and legitimate interests according to contracts concluded with tourists.

6. Imposing a fine from 15,000,000 VND to 20,000,000 VND for any of the following acts:

a) Operating tourism accommodation services after having notified temporary suspension or cessation of operations;

b) Operating tourism accommodation services after being ordered by competent state agencies to cease business operations.

8. The provisions from Clause 1 to Clause 7 of this Article also apply to guesthouses and lodges of state agencies that engage in operating tourism accommodation services.

a) Suspension of operations for one to three months for violations as stipulated in Clause 7 of this Article;

b) Compelled to return illegal profits obtained from implementing violations as stipulated in Clauses 4, 5, 6, and 7 of this Article.

Article 11. Violations of minimum conditions regarding technical infrastructure and tourism accommodation services

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:

a) Failing to notify the completion of supplementary improvements to meet minimum conditions or changes in the type of tourism accommodation facility as prescribed;

b) Failing to provide beds, mattresses, mats, blankets, or pillows as prescribed;

c) Failing to provide face towels or bath towels as prescribed;

d) Failing to change mattress covers, mats, blanket covers, or pillow covers when new guests arrive;

đ) Failing to change face towels or bath towels when new guests arrive.

2. A fine of VND 3,000,000 to VND 5,000,000 for failing to have an initial first aid kit for camping sites as prescribed.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:

a) Failing to have a minimum of ten sleeping rooms for hotels or sleeping rooms for vacation villas, vacation apartments, cruise ships, or lodging houses, or areas for accommodating guests for rented rooms in residential buildings or areas for setting up tents or campsites for camping sites as prescribed;

b) Failing to have a reception desk for hotels or guest reception areas for vacation villas, vacation apartments, or guest reception areas for cruise ships, lodging houses, or camping sites as prescribed;

c) Failing to have parking areas for guests for resort hotels or roadside hotels as prescribed;

d) Failing to have kitchens or dining rooms or food service for resort hotels, floating hotels, roadside hotels, cruise ships; failing to have kitchens for vacation villas, vacation apartments, or rented rooms in residential buildings as prescribed;

đ) Failing to have staff on duty 24 hours a day for hotels, vacation villas, or lodging houses; failing to have security guards on duty when there are guests for camping sites as prescribed.

4. A fine of VND 10,000,000 to VND 20,000,000 for failing to meet toilet facilities as prescribed.

5. The provisions of Clauses 1, 2, 3, and 4 of this Article also apply to guesthouses and lodges of state agencies that engage in operating tourism accommodation services.

6. Additional forms of punishment:

Suspension of operations for one to three months for violations as stipulated in point a and point d of Clause 3 and Clause 4 of this Article.

Article 12. Violations concerning the operation of tourist accommodation services by accommodation facilities that have been recognized with a rating

1. A fine of VND 1,000,000 to VND 3,000,000 for failing to comply with regulations on the format of the plaque recognizing the rating of tourist accommodation facilities.

2. A fine of VND 3,000,000 to VND 5,000,000 for hanging the plaque recognizing the rating of tourist accommodation facilities not at the main entrance of the tourist accommodation facility.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:

a) Not hanging the plaque recognizing the rating of tourist accommodation facilities after being rated;

b) Not ensuring the number or area of sleeping rooms according to the standard corresponding to each type and rating of tourist accommodation facilities as prescribed;

c) Not ensuring the standard for parking areas and internal traffic or reception areas as prescribed;

d) Not ensuring the number or standard of restaurants and bars as prescribed;

đ) Not ensuring the standard for kitchen areas as prescribed;

e) Not ensuring the number or standard of conference, seminar, meeting rooms as prescribed;

g) Not ensuring the standard for other equipment and amenities as prescribed;

h) Not ensuring the standard for service provision as prescribed;

i) Not ensuring the standard for professional qualifications and foreign language proficiency of managers or service staff as prescribed.

4. A fine of VND 10,000,000 to VND 15,000,000 for making false declarations in registration documents for recognition of the rating of tourist accommodation facilities.

Revoking the right to use the decision recognizing the rating of tourist accommodation facilities for six to twelve months for violations specified in Points b, c, d, đ, e, g, h, and i of Clause 3 of this Article.

6. Measures to remedy consequences:

Compelling the revocation of the decision recognizing the rating of tourist accommodation facilities for violations specified in Clause 4 of this Article.

Article 13. Violations concerning the operation of other tourism services

1. A fine of VND 500,000 to VND 1,000,000 for failing to publicly display prices of goods and services as prescribed.

2. A fine of VND 1,000,000 to VND 3,000,000 for failing to comply with regulations on the format of plaques indicating compliance with standards for serving tourists.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Not clearly informing about the origin and quality of goods;

c) Not having a menu as prescribed;

d) Not having internal rules and procedures as prescribed.

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Not having a reception area or personal item storage area as prescribed;

b) Not having guest bathrooms as prescribed;

c) Not providing rental equipment suitable for each sport as prescribed;

d) Not ensuring the standard for staff as prescribed;

đ) Not ensuring dining areas or food service equipment as prescribed;

e) Not ensuring kitchen areas as prescribed;

g) Not having medical personnel or technicians or service staff suitable for each health care service as prescribed;

h) Not selling at the posted price.

5. A fine of VND 10,000,000 to VND 20,000,000 for any of the following acts:

a) Not ensuring toilets as prescribed;

b) Making false declarations in registration documents for recognition of other tourism service business facilities as compliant with standards for serving tourists.

6. A fine of VND 20,000,000 to VND 30,000,000 for hanging a plaque indicating compliance with standards for serving tourists without authorization from the competent authority.

7. Violations concerning physical infrastructure, equipment, tools, means of transportation, and specialized staff in sports service businesses, entertainment service businesses, and health care service businesses shall be punished according to the relevant laws.

Revoking the right to use the decision recognizing other tourism service business facilities as compliant with standards for serving tourists for one to six months for violations specified in Clause 4 and Point a of Clause 5 of this Article.

9. Remedial measures:

a) Compelling the removal of plaques indicating compliance with standards for serving tourists for violations specified in Clause 6 of this Article;

b) Compelling the return of illegal profits obtained through acts specified in Point h of Clause 4 and Clause 6 of this Article;

c) Compelling the revocation of the decision recognizing other tourism service business facilities as compliant with standards for serving tourists for violations specified in Point b of Clause 5 of this Article.

Article 14. Violations concerning the obligations of tourists

1. Warning for the act of not properly complying with the notification to pay fees, charges, and other amounts due to the competent authority.

2. A fine of from one to three times the amount of the fees, charges, and other amounts due according to regulations for the act of evading payment of fees, charges, and other amounts due. The maximum fine is 50,000,000 VND.

3. A fine of from 500,000 VND to 1,000,000 VND for the act of not complying with the internal rules and regulations of tourist areas, tourist sites, and tourism service providers.

4. A fine of from 1,000,000 VND to 3,000,000 VND for the act of behaving uncivilly or failing to respect local customs, traditions, and cultural identity at the destination.

5. A fine of from 3,000,000 VND to 5,000,000 VND for the act of damaging the national image or traditional culture of Vietnam.

6. Measures to remedy consequences:

Compel the payment of all due fees, charges, and other amounts for the acts specified in Clause 1 and Clause 2 of this Article.

Article 15. Violations concerning the operation of tourism products that may affect the lives and health of tourists

1. A fine of from 1,000,000 VND to 3,000,000 VND for the act of not notifying before commencing the business of tourism products that may affect the lives and health of tourists as prescribed.

2. A fine of from 3,000,000 VND to 5,000,000 VND for the act of not warning or guiding about weather conditions, health factors, and related elements when providing tourism products that may affect the lives and health of tourists.

3. A fine of from 5,000,000 VND to 10,000,000 VND for the act of not having rescue plans as prescribed.

4. A fine of from 10,000,000 VND to 15,000,000 VND for any of the following acts:

a) Not disseminating safety regulations for tourists;

b) Not instructing tourists on technical procedures prior to providing tourism products.

5. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on one of the following acts:

a) Not maintaining communication with tourists throughout the provision of tourism products;

b) Not arranging or using qualified trainers, technicians, or guides as prescribed;

c) Not providing, instructing on the use of, and supervising the use of equipment and tools in accordance with standards to ensure safety for tourists.

6. A fine of from 20,000,000 VND to 30,000,000 VND for the act of not arranging rescue forces for tourists as prescribed.

7. A fine of from 30,000,000 VND to 40,000,000 VND for the act of not promptly intervening, handling, or rescuing in case of accidents, risks, or incidents.

8. A fine of from 40,000,000 VND to 50,000,000 VND for the act of continuing operations after being required by the provincial tourism authority to complete or supplement safety measures but failing to comply as prescribed.

9. Additional forms of punishment:

a) Suspension of operations for one to three months for the acts specified in Clause 3 and Clause 4 of this Article;

b) Suspension of operations for three to six months for the acts specified in Clauses 5, 6, and 7 of this Article.

10. Measures to address consequences:

Compel the return of illegal profits obtained through the implementation of the act specified in Clause 8 of this Article.

Article 16. Violations concerning the management of tourist sites and tourist areas

1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for the act of not publicly displaying the telephone number and address of the organization or individual managing the tourist site or tourist area.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on any of the following acts:

a) Not having directional signs, explanatory boards, or traffic signs as prescribed;

b) Not having internal regulations as prescribed.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:

a) Not having a customer service support department as prescribed;

b) Not having a security guard on duty 24 hours a day;

c) Not having a rescue and emergency response team as prescribed;

d) Not providing tour guide and travel guidance services as prescribed;

đ) Not implementing measures to manage, inspect, and supervise tourism business activities within the management scope as prescribed;

e) Not arranging manpower for environmental sanitation as prescribed.

4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on one of the following acts:

a) Not having transportation and communication connections as prescribed;

b) Not having an electricity system as prescribed;

c) Not having a clean water supply system as prescribed;

d) Not having food and beverage services or food and beverage establishments meeting the standards for serving tourists as prescribed;

đ) Not having shopping services or shopping establishments meeting the standards for serving tourists as prescribed;

e) Not having a tourism accommodation system as prescribed;

g) Not ensuring public restrooms as prescribed;

h) Not having sufficient waste collection equipment to maintain environmental hygiene as prescribed;

i) Not collecting and treating waste generated during tourism activities as prescribed;

k) Not having fire prevention and explosion control measures as prescribed;

l) Falsely declaring documents for recognition of tourist sites or tourist areas.

5. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Using methods to obstruct tourists' visits at places permitted to visit as prescribed;

b) Not coordinating with competent state management agencies for tourism in protecting and exploiting tourism resources as prescribed.

6. Additional forms of punishment:

a) Revoking the decision recognizing the tourist site or tourist area for a period of from 01 month to 06 months for the acts prescribed at points a, b, c, d, đ, e, and g of Clause 4 of this Article;

b) Revoking the decision recognizing the tourist site or tourist area for a period of from 06 months to 12 months for the acts prescribed in Clause 5 of this Article;

c) Suspending operations for a period of from 01 month to 03 months for the act prescribed at point h of Clause 4 of this Article;

d) Suspending operations for a period of from 06 months to 12 months for the acts prescribed at points i and k of Clause 4 of this Article.

7. Measures to remedy consequences:

Compelling the revocation of the decision recognizing the tourist site or tourist area for the act prescribed at point l of Clause 4 of this Article.

Article 17. Violations concerning road transport of tourists

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for any of the following acts:

a) Transporting tourists without a contract with a travel service enterprise or with tourists according to a suitable route and itinerary;

b) Not having a passenger transport contract as prescribed;

c) Not being able to present a passenger list as prescribed.

2. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed for the act of not affixing a passenger transport vehicle sign as prescribed.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Not having a drink container for passenger transport buses;

b) Not having basic first aid equipment and a first aid kit for passenger transport buses;

c) Not having sun-blocking curtains for passenger transport buses with nine seats or more;

d) Not having a trash bin for passenger transport buses with nine seats or more;

đ) Not having a microphone for passenger transport buses with twenty-four seats or more (except for specialized caravan vehicles);

e) Not having designated seating for elderly people and persons with disabilities as prescribed for passenger transport buses with twenty-four seats or more (except for specialized caravan vehicles).

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Using tourist service staff who do not meet the prescribed standards;

b) Using drivers of passenger transport vehicles who do not meet the prescribed standards.

5. Additional forms of punishment:

Revoking the right to use the passenger transport vehicle sign for a period of from 01 month to 06 months for the act prescribed in Clause 4 of this Article.

Article 18. Violations concerning inland waterway passenger transport for tourism

1. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed on the act of transporting tourists without a contract with a travel service business or along a tourist route and itinerary with tourists.

2. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed for the act of not affixing a passenger transport vehicle sign as prescribed.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Not having a passenger transport contract as prescribed;

b) Not equipping sufficient life jackets for passengers on inland waterway passenger transport vehicles as prescribed;

c) Not having a guide board for using lifesaving equipment and emergency contact information for rescue agencies at the seat positions on inland waterway passenger transport vehicles;

d) Not having a route diagram for tourist trips on inland waterway passenger transport vehicles;

đ) Not having a container for beverages on inland waterway passenger transport vehicles;

e) Not having a trash bin on inland waterway passenger transport vehicles;

g) Not having sun protection equipment on inland waterway passenger transport vehicles with 20 seats or more;

h) Not having a microphone on inland waterway passenger transport vehicles with 20 seats or more;

i) Not ensuring the requirements for the catering service area and food preparation area (if any) on inland waterway passenger transport vehicles with 20 seats or more;

k) Not having a canopy on inland waterway passenger transport vehicles with 50 seats or more;

l) Not having sun-blocking curtains on inland waterway passenger transport vehicles with 50 seats or more;

m) Not having a restroom on inland waterway passenger transport vehicles with 50 seats or more.

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Using tourist service staff who do not meet the prescribed standards;

b) Using drivers and crew members who do not meet the prescribed requirements.

5. Additional forms of punishment:

a) Revoking the right to use the passenger transport sign for a period of from one month to six months for the acts stipulated in Clause 4 of this Article;

b) Suspending operations for a period of from one month to three months for the acts stipulated in points b and m of Clause 3 of this Article.

Chapter III

AUTHORITY TO IMPOSE ADMINISTRATIVE SANCTIONS AND TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS

1. The Inspector, and the person assigned to perform specialized inspection tasks while on duty have the authority to:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c) Confiscating administrative violation objects with a value not exceeding 500,000 VND in fines.

2. The Chief Inspector of the Department, the Head of the specialized inspection team of the Department have the authority:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) Revoking the right to use business licenses for travel services, tour guide cards, decisions recognizing accommodation facilities' grades, passenger transport vehicle signs, decisions recognizing other tourism service businesses meeting standards for serving tourists, decisions recognizing tourist sites, decisions recognizing tourist areas for a limited time or suspending operations for a limited time;

d) Confiscating administrative violation objects with a value not exceeding 25,000,000 VND in fines;

đ) Applying remedial measures as prescribed in Article 4 of this Decree;

3. The Head of the specialized inspection team of the Ministry has the authority:

a) To issue warnings;

b) Impose a fine up to thirty-five million dong;

c) Revoking the right to use business licenses for travel services, tour guide cards, decisions recognizing accommodation facilities' grades, passenger transport vehicle signs, decisions recognizing other tourism service businesses meeting standards for serving tourists, decisions recognizing tourist sites, decisions recognizing tourist areas for a limited time or suspending operations for a limited time;

d) Confiscating administrative violation objects with a value not exceeding 35,000,000 VND in fines;

đ) Applying remedial measures as prescribed in Article 4 of this Decree;

4. The Chief Inspector of the Ministry, the Director of the General Department of Vietnam Roads, the Director of the Inland Waterways Administration assigned to perform specialized inspection functions have the authority:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) Revoking the right to use business licenses for travel services, tour guide cards, decisions recognizing accommodation facilities' grades, passenger transport vehicle signs, decisions recognizing other tourism service businesses meeting standards for serving tourists, decisions recognizing tourist sites, decisions recognizing tourist areas for a limited time or suspending operations for a limited time;

d) Confiscating administrative violation objects with a value not exceeding 50,000,000 VND in fines;

đ) Applying remedial measures as prescribed in Article 4 of this Decree;

1. The Chairperson of the People's Committee at the commune level has the right to:

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c) Confiscate administrative violation objects with a value not exceeding five million dong in fines.

2. The Chairperson of the People's Committee at the district level has the right to:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) Revoking the right to use business licenses for travel services, tour guide cards, decisions recognizing accommodation facilities' grades, passenger transport vehicle signs, decisions recognizing other tourism service businesses meeting standards for serving tourists, decisions recognizing tourist sites, decisions recognizing tourist areas for a limited time or suspending operations for a limited time;

d) Confiscating administrative violation objects with a value not exceeding 25,000,000 VND in fines;

đ) Applying remedial measures as prescribed in Article 4 of this Decree;

3. The Chairman of the Provincial People's Committee has the authority to:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) Revoking the right to use business licenses for travel services, tour guide cards, decisions recognizing accommodation facilities' grades, passenger transport vehicle signs, decisions recognizing other tourism service businesses meeting standards for serving tourists, decisions recognizing tourist sites, decisions recognizing tourist areas for a limited time or suspending operations for a limited time;

d) Confiscating administrative violation objects with a value not exceeding 50,000,000 VND in fines;

đ) Applying remedial measures as prescribed in Article 4 of this Decree;

1. Market inspectors performing their duties have the right to:

a) To issue warnings;

b) Impose a fine up to 500,000 VND.

2. The Head of the Market Management Team has the right to:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) Apply remedial measures prescribed in Article 4 of this Decree.

3. The Director of the Provincial Market Management Department, the Director of the Market Management Business Department under the General Department of Market Management have the authority:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) Revoke the decision to recognize other tourism service business establishments meeting the standard for serving tourists for a limited period of time or suspend operations for a limited period of time;

d) Apply remedial measures prescribed in Article 4 of this Decree.

4. The Director of the General Department of Market Management has the authority:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) Revoke the decision to recognize other tourism service business establishments meeting the standard for serving tourists for a limited period of time or suspend operations for a limited period of time;

d) Apply remedial measures prescribed in Article 4 of this Decree.

1. Border Guard soldiers performing official duties have the right:

a) To issue warnings;

b) Impose a fine up to 500,000 VND.

2. The station chief, team leader of those specified in Clause 1 of this Article have the right to:

a) To issue warnings;

b) Impose a fine up to 2,500,000 VND.

3. The Head of a Border Guard Post, the Commander of a Border Guard Squadron, the Commander of a Border Guard District, and the Commander of a Border Gate Port Border Guard shall have the authority:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) Confiscate administrative violation objects with a value not exceeding twenty-five million dong in fines;

d) Apply remedial measures prescribed in Article 4 of this Decree.

4. The Commander of the Provincial Border Guard, the Commander of the Coastal Guard Squadron under the Border Guard Command have the authority:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) Revoke the use of tour guide cards, tourist transport vehicle signs for a limited period of time or suspend operations for a limited period of time;

d) Confiscating administrative violation objects with a value not exceeding 50,000,000 VND in fines;

đ) Applying remedial measures as prescribed in Article 4 of this Decree;

1. Coast Guard officers performing their duties have the right to:

a) To issue warnings;

b) Impose a fine up to 1,500,000 VND.

2. The head of the Coast Guard business affairs team have the right to:

a) To issue warnings;

b) Impose a fine up to 2,500,000 VND.

3. The Head of the Maritime Police Operational Team, the Head of the Maritime Police Station have the right to:

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c) Apply remedial measures prescribed in Article 4 of this Decree.

4. The maritime squadron commander have the right to:

a) To issue warnings;

b) Impose fines up to 10,000,000 VND;

c) Confiscate administrative violation objects with a value not exceeding ten million dong in fines;

d) Apply remedial measures prescribed in Article 4 of this Decree.

5. Chiefs of coast guard fleets have the authority to:

a) To issue warnings;

b) Impose fines up to 15,000,000 VND;

c) Confiscate administrative violation objects with a value not exceeding fifteen million dong in fines;

d) Apply remedial measures prescribed in Article 4 of this Decree.

6. The Commander of the Coast Guard Zone has the authority:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) Confiscate administrative violation objects with a value not exceeding twenty-five million dong in fines;

d) Apply remedial measures prescribed in Article 4 of this Decree.

7. The Commander of the Coast Guard has the authority:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) Revoke the use of tour guide cards, tourist transport vehicle signs for a limited period of time or suspend operations for a limited period of time;

d) Confiscating administrative violation objects with a value not exceeding 50,000,000 VND in fines;

đ) Apply remedial measures prescribed in Article 4 of this Decree.

The authority to impose administrative penalties, apply additional forms of punishment and remedial measures of the Public Security Force shall be implemented according to the provisions of Article 39 of the Law on Handling Administrative Violations.

1. Chairmen of People's Committees at all levels have the authority to prepare records of administrative violations, impose administrative penalties, and apply remedial measures against administrative violations stipulated in Articles 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 according to the authority prescribed in Article 20 of this Decree and their assigned functions, tasks, and powers.

2. Those authorized to impose penalties from specialized inspection agencies have the authority to prepare records of administrative violations, impose administrative penalties, and apply remedial measures against administrative violations stipulated in Chapter II of this Decree according to the authority prescribed in Article 19 of this Decree and their assigned functions, tasks, and powers, specifically as follows:

a) The Cultural, Sports, and Tourism Inspectorate has the authority to impose administrative penalties and apply remedial measures against administrative violations stipulated in Articles 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 of Chapter II of this Decree;

b) The Transport Inspectorate has the authority to impose administrative penalties and apply remedial measures against administrative violations stipulated in Articles 17 and 18 of this Decree at bus stops, parking lots, bus stations, parking areas, rest stops, weight control checkpoints, toll booths, road transport business establishments, when vehicles (with violations) stop or park on roads;

c) The Labor, Invalids, and Social Affairs Inspectorate has the authority to impose administrative penalties and apply remedial measures against administrative violations stipulated in point a, Clause 5, point d, Clause 13 of Article 7; failure to enter into labor contracts with travel service enterprises or tour guide service enterprises stipulated in point d, Clause 5, Clause 9 of Article 9 of this Decree;

d) The Natural Resources and Environment Inspectorate has the authority to impose administrative penalties and apply remedial measures against administrative violations stipulated in Clause 4 of Article 11; point a, Clause 5 of Article 13; point e, Clauses g, h, and i, Clause 4; point b, Clause 5 of Article 16 of this Decree;

đ) The Finance Inspectorate has the authority to impose administrative penalties and apply remedial measures against administrative violations stipulated in point b, Clause 1, Clause 4 of Article 10; Clause 1, point h, Clause 4 of Article 13; Clause 1 and Clause 2 of Article 14 of this Decree.

5. Those authorized to impose penalties from the Coast Guard have the authority to prepare records of administrative violations, impose administrative penalties, and apply remedial measures against administrative violations stipulated in Clauses 5, 6, and 7 of Article 6; Clause 4 of Article 7; Article 9; Article 14; Clauses 2, 3, 4, 5, 6, and 7 of Article 15; Article 17; Article 18 according to the authority prescribed in Article 23 of this Decree and their assigned functions, tasks, and powers.

6. The authorized authority to impose administrative penalties of the Public Security agency has the authority to issue administrative violation records, impose administrative penalties, and apply measures to remedy consequences for administrative violations stipulated at points a and b, clause 3; point a and point c, clause 4; clauses 5, 6, and 7, Article 6; clause 1; point b and point c, clause 2; point a and point c, clause 4; point d, clause 5; point c, clause 8; point b and point c, clause 9; point c and point d, clause 13; point d and point đ, clause 14, Article 7; clauses 7 and 8, Article 8; clauses 3 and 4; point a and point b, clause 6; clauses 7, 8, and 9, Article 9; clause 6, Article 10; clause 4, Article 12; point b, clause 5, Article 13; Article 14; clauses 2, 3, 4, 5, 6, 7, and 8, Article 15; clause 1; point a, clause 2; point c, clause 3; point k and point l, clause 4; point a, clause 5, Article 16 according to the authority prescribed in Article 24 of this Decree and the functions, tasks, and powers assigned.

Article 26. Authority to Issue Administrative Violation Records

3. Commanders of aircraft, captains of ships, and masters of inland waterway vessels performing duties according to their assigned functions and powers in the field of tourism have the right to issue administrative violation records for violations occurring on aircraft, on ships, and on inland waterway vessels.

Chapter IV

IMPLEMENTING PROVISIONS

Article 27. Effective Date

1. This Decree takes effect from August 1, 2019.

2. From the date this Decree takes effect, Section 3, Chapter II of Decree No. 158/2013/NĐ-CP dated November 12, 2013 of the Government stipulating administrative penalties for violations in the fields of culture, sports, tourism, and advertising, and clauses 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, and 41, Article 2 of Decree No. 28/2017/NĐ-CP dated March 20, 2017 of the Government amending and supplementing certain articles of Decree No. 131/2013/NĐ-CP dated October 16, 2013 of the Government stipulating administrative penalties for copyright and related rights, and Decree No. 158/2013/NĐ-CP dated November 12, 2013 of the Government stipulating administrative penalties for violations in the fields of culture, sports, tourism, and advertising shall cease to be effective.

Article 28. Transitional Provisions

For administrative violations in the field of tourism that occur before the date this Decree takes effect but are discovered later or are under consideration for resolution, the provisions that are more favorable to the violators shall be applied.

Article 29. Responsibility for Implementation

1. The Minister of Culture, Sports and Tourism is responsible for organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.