Decree No. 47/2001/NĐ-CP On the Functions, Tasks, Authorities, and Organization of Tourism Inspectors

DECREE

On the functions, tasks, powers, and organization of Tourism Inspection

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THE GOVERNMENT

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

Pursuant to the Inspection Ordinance dated April 1, 1990;

Based on the Tourism Ordinance dated February 8, 1999;

Based on the Ordinance on Handling Administrative Violations dated July 6, 1995;

At the proposal of the General Director of the National Administration of Tourism and the Minister in charge of the Government’s Organization and Cadre Affairs Department

DECREE:

Article 1.The Tourism Inspection is a specialized state inspection organization in the field of tourism, with the function of inspecting activities in various areas of tourism, including state management of tourism; tourism business operations; protection, exploitation, utilization, and development of national resources and assets in tourism; promotion and international cooperation in tourism; tourists and other tourism activities.

Article 2. Organization of the Tourism Inspection

1- The organization of the Tourism Inspection includes:

a) The National Administration of Tourism Inspection: performs the functions of a Ministry-level inspection organization (equivalent to a ministry or an agency under the government) in the field of state management of tourism, business operations, and tourism activities.

b) The Provincial Tourism Inspection, and the Tourism Inspection within other provincial inspections that have the function of state management of tourism (referred to as provincial agencies for state management of tourism), perform the functions of a provincial inspection organization in the field of state management of tourism, business operations, and tourism activities within their jurisdiction.

2- The National Administration of Tourism Inspection and the Provincial Tourism Inspection have their own seals, Chief Inspectors, Deputy Chief Inspectors, and Inspectors appointed according to the provisions of the law, equipped with uniform uniforms according to the regulations of the State Inspector General and the Director of the National Administration of Tourism; the Tourism Inspection within the provincial agency for state management of tourism uses the common seal of the main provincial inspection agency.

3- The specific organizational structure of the Tourism Inspection shall be determined by the head of the same-level agency after consultation with the head of the same-level state inspection organization.

Article 3. Objects of the Tourism Inspection

1- Objects of the National Administration of Tourism Inspection

a) Organizations and individuals directly managed by the National Administration of Tourism;

b) Vietnamese organizations and individuals participating in tourism business operations both domestically and internationally; foreign organizations and individuals participating in tourism business operations in Vietnam within the scope of the National Administration of Tourism's state management;

c) Matters resolved by the Provincial Tourism Inspection or the Tourism Inspection within the provincial agency for state management of tourism but still subject to complaints and requests for resolution by the National Administration of Tourism Inspection.

2- Objects of the Provincial Tourism Inspection and the Tourism Inspection within the provincial agency for state management of tourism (hereinafter referred to collectively as the Provincial Tourism Inspection):

a) Organizations and individuals directly managed by the Provincial Tourism Agency or organizations and individuals engaged in tourism business operations directly managed by the provincial agency for state management of tourism.

b) Vietnamese organizations and individuals participating in tourism business operations both domestically and internationally; foreign organizations and individuals participating in tourism business operations in Vietnam within the scope of the provincial agency for state management of tourism's jurisdiction.

Article 4. Tasks of the National Administration of Tourism Inspection

1- Perform the tasks of a Ministry-level inspection organization (equivalent to a ministry or an agency under the government) regarding organizations and individuals directly managed by the National Administration of Tourism:

a) Participate in drafting regulatory documents on Tourism Inspection, develop programs and plans for Tourism Inspection work, and submit them to competent authorities for decision;

b) Monitor, guide, and inspect the heads of agencies and units under the National Administration of Tourism's state management in implementing legal provisions on inspection work, programs and plans, and inspection-related business;

c) Train inspection-related skills for tourism inspectors, inspection collaborators, heads of agencies and units under the National Administration of Tourism, Provincial Tourism Agencies, provincial agencies for state management of tourism, and other entities involved in tourism business operations;

d) Carry out tasks assigned by the Director of the National Administration of Tourism concerning the handling and resolution of complaints and reports against organizations and individuals directly managed by the National Administration of Tourism, including receiving complaints and reports, investigating, concluding cases, and recommending measures for complaint and report resolution to the Director of the National Administration of Tourism according to the law;

đ) Inspect the implementation of state plans, assigned tasks and powers, and compliance with state policies and laws by organizations and individuals within the scope of inspection.

2- Perform specialized tourism inspection functions, including:

a) Inspect and conclude on the implementation of industry regulations, state policies, and laws related to tourism business operations and activities for inspected entities;

b) Apply preventive measures against actions of organizations and individuals engaged in tourism business operations if such actions are found to seriously violate industry regulations, policies, and laws on tourism;

c) Administer administrative penalties according to the law;

d) Investigate, verify, conclude, recommend, or take measures to address complaints and reports of violations in the field of tourism business operations for inspected entities within its authority or those already resolved by subordinate authorities but still subject to complaints.

Article 5. Tasks of the Provincial Tourism Inspection

1- Perform the tasks of a provincial inspection organization regarding organizations and individuals directly managed by the Provincial Tourism Agency or organizations and individuals engaged in tourism business operations directly managed by the provincial agency for state management of tourism;

a) Develop programs and plans for Tourism Inspection work and submit them to competent authorities for decision;

b) Monitor, guide, and inspect the heads of agencies and units under the Provincial Tourism Agency's state management in implementing legal provisions on inspection work.

c) Participate in training the inspection business for tourism inspectors, inspection cooperation officers, heads of departments and units under the provincial tourism department, provincial management agencies on tourism, and other entities involved in tourism business and activities.

d) Carry out tasks assigned by the Director of the Department regarding handling complaints and reports against organizations and individuals directly managed by the provincial tourism department, provincial management agencies on tourism, including receiving complaint and report letters, investigating and concluding cases, and recommending measures to resolve complaints and reports according to the law to the head of the same level agency.

đ) Inspect the implementation of state plans, the performance of assigned duties and powers, and compliance with state policies and laws related to organizations and individuals within the scope of inspection.

2- Perform specialized tourism inspection functions, including:

a) Inspect and conclude on the implementation of industry regulations, state policies, and laws related to tourism business and activities for inspected entities.

b) Apply preventive measures against actions of organizations and individuals engaged in tourism business and activities if such actions are found to seriously violate industry regulations, policies, and laws on tourism;

c) Administer administrative penalties according to the law;

d) Check, verify, conclude, recommend, or take measures to handle complaints and reports violating regulations in the field of tourism business and activities for inspected entities.

Article 6. Relations of Tourism Inspection with other agencies

1- Tourism Inspection operates under the direct guidance of the head of the same-level agency and the guidance and direction on inspection work, organization, and business from higher-level inspection organizations.

2- Tourism Inspection collaborates with inspections of other sectors in directing inspection work and business for issues related to tourism; with public security agencies, people's procuratorates, people's courts at the same level, and relevant agencies in preventing, stopping, and combating violations and crimes.

Article 7. Powers of Tourism Inspection

1- Recommend to the head of the same-level agency and higher-level inspection organizations about measures to prevent and handle after inspection, verification, and conclusion of cases.

2- Request individuals and organizations at the same level to provide necessary information and documents for inspection work; request relevant agencies and organizations to assign personnel to participate in inspection work.

3- Temporarily suspend the execution of decisions made by agencies and units under the management of the same-level agency or subordinate levels related to the inspected case or entity if it is deemed that the execution of such decisions impedes the inspection work.

4- Temporarily suspend activities if they are found to violate the law, cause harm, or pose a risk of causing harm to the interests of the State or the legitimate rights and interests of agencies, organizations, or citizens.

5- Temporarily suspend work and issue warnings to inspected entities within the management scope who intentionally obstruct the performance of inspection tasks; in cases where the entities are not within the management scope, report and propose recommendations to competent authorities for decision.

6- Seal documents, seize assets; request competent authorities to temporarily detain money and items, suspend or revoke business registration certificates, operating licenses related to the case if there is evidence indicating a violation of the law and the need to prevent and promptly address it.

7- Request expert opinions and invite cooperation officers to participate in inspection work when necessary.

8- Apply preventive measures and penalties according to current laws on administrative violations.

9- Transfer files on law violations to criminal investigation agencies for handling according to the law if there are signs of criminal offenses.

10- Perform other rights as prescribed by law.

Article 8. Responsibilities of Tourism Inspection

1- Tourism Inspection has the responsibility to protect the legitimate rights and interests of the State, organizations, and individuals participating in tourism activities and businesses; maintain socialist rule of law in the field of tourism business and activities.

2- Perform the tasks of Tourism Inspection according to the objects and jurisdiction defined in this Decree and current laws on inspection.

3- Before conducting an inspection, the inspector must announce the inspection decision of the competent authority; in urgent cases, they must present their inspector identification card.

4- Promptly implement inspections according to the directives of the head of the same-level agency and higher-level inspection organizations.

5- During the inspection process, strictly follow the principles, procedures, formalities, and deadlines for inspection as stipulated by current laws.

6- Only adhere to the law during inspections, bear legal responsibility before the law and competent state agencies for all actions and decisions made.

7- Report to the head of the same-level agency and higher-level inspection organizations on inspection results and recommend measures to handle and prevent violations.

Article 9. Agencies, organizations, and individuals with achievements in Tourism Inspection activities shall be rewarded according to the law; officials and cooperation officers of Tourism Inspection who abuse their positions and powers for personal gain or due to personal motives and infringe upon the legitimate rights and interests of agencies, organizations, and individuals shall be dealt with according to the law depending on the severity of the violation.

Article 10. This Decree takes effect fifteen days from the date of signature. Previous provisions contrary to this Decree are hereby abolished.

Article 11. The Director of the National Administration of Tourism shall lead and coordinate with the General Inspector of the State and the Minister, Head of the Government’s Organization and Cadre Affairs Department to guide the implementation of this Decree.

Article 12. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree.