Circular No. 48/2005/TT-BNV guides the functions, tasks, authorities, and organizational structure of specialized agencies assisting People's Committees in managing state administration for tourism at local levels.

CIRCULAR

Guidelines on functions, tasks, authorities, and organizational structure of specialized agencies assisting the People's Committee in managing state administration over tourism at local levels.

Based on Decree No. 45/2003/NĐ-CP dated May 9, 2003 of the Government stipulating the functions, tasks, authorities, and organizational structure of the Ministry of Home Affairs;

Based on Decree No. 94/2003/NĐ-CP dated August 19, 2003 of the Government stipulating the functions, tasks, authorities, and organizational structure of the General Department of Tourism;

________________

Based on Decree No. 171/2004/NĐ-CP dated September 29, 2004 of the Government stipulating the organization of specialized agencies under provincial People's Committees and Decree No. 172/2004/NĐ-CP dated September 29, 2004 of the Government stipulating the organization of specialized agencies under district, town, city, and provincial-level People's Committees;

After receiving the unified opinion of the General Department of Tourism in Circular No. 424/TCDL-TCCB dated April 13, 2005.

The Ministry of Home Affairs guides the functions, tasks, authorities, and organizational structure of specialized agencies assisting the People's Committee in performing state management functions over tourism at local levels as follows:

I. SPECIALIZED AGENCIES ASSISTING THE PROVINCIAL PEOPLE'S COMMITTEE TO MANAGE STATE ADMINISTRATION OVER TOURISM

1. Department of Tourism

1.1 Position and Functions

The Department of Tourism is a specialized agency under the Provincial People's Committee; it advises and assists the Provincial People's Committee in implementing state management functions over tourism within its jurisdiction; manages state services in the tourism sector within the scope of its authority according to the law; performs certain tasks and authorities assigned by the Provincial People's Committee or as prescribed by law.

The Department of Tourism is subject to the direction and management of the Provincial People's Committee regarding its organization, staffing, and activities, while also being subject to the guidance and supervision of the General Department of Tourism concerning professional matters.

For provinces that have not yet met the conditions for establishing a Department of Tourism as prescribed by the Government, the function of state management over tourism within the province shall be advised and assisted by the Department of Commerce and Tourism to the Provincial People's Committee according to the tasks and authorities stipulated in Point 1.2, Section 1, Part I of this Circular.

1.2 Tasks and Authorities

1.2.1 Submit to the Provincial People's Committee for issuance of decisions and directives on managing the tourism sector within the jurisdiction of the locality and delegated by the General Department of Tourism, and bear responsibility for the content of submitted documents.

1.2.2 Submit to the Provincial People's Committee for approval of long-term plans, five-year plans, and annual plans, programs, and projects within the scope of the Department's management, consistent with the socio-economic development plan of the locality, national tourism development strategy, regional planning, and overall industry development planning;

Submit to the Provincial People's Committee for approval of tourist sites, tourist areas, and tourist routes within the locality and delegated management of such sites, areas, and routes within the locality;

1.2.3 Submit to the Provincial People's Committee for approval of programs and measures to organize the implementation of administrative reform tasks within the scope of the Department's state management functions over tourism;

1.2.4 Submit to the Provincial People's Committee for decision on the delegation of state management functions over tourism to the District People's Committee and specialized agencies under the Provincial People's Committee as prescribed by law.

1.2.5 Assist the Provincial People's Committee in state management over tourism for enterprises, organizations, and individuals from all economic sectors, associations, and non-governmental organizations engaged in tourism business according to delegated authority and legal provisions;

1.2.6 Organize, direct, guide, and inspect the implementation of regulatory legal documents, plans, and programs for tourism development that have been approved; promote, disseminate, educate about laws and provide information on tourism within the scope of the Department's jurisdiction in the province;

1.2.7 Take the lead in coordinating with the Department of Home Affairs and the Department of Finance to guide and inspect the self-management and self-responsibility mechanisms of public service units as prescribed by law;

1.2.8 Organize the review of applications for international travel agency licenses, tour guide certificates; review and decide on the recognition of accommodation facilities meeting minimum standards and those rated 1-star and 2-star; issue short-term training certificates in tourism and manage, revoke other types of cards, licenses, diplomas, and certificates within the Department's authority as prescribed by law;

1.2.9 Perform state management functions over tourism promotion for the locality; organize domestic and international tourism promotion activities; provide tourism information to tourists, organizations, and individuals from all economic sectors operating in the tourism sector;

1.2.10 Take the lead in coordinating with relevant agencies to study and propose models and measures to maintain public order, hygiene, and environmental protection in tourist areas, routes, and sites to the Provincial People's Committee;

1.2.11 Implement investment projects assigned by the Provincial People's Committee; review or participate in reviewing investment and development projects related to tourism as prescribed by law;

1.2.12 Manage allocated tourism resources; investigate, assess, classify tourism resources, and compile reports on investment, development, exploitation, and utilization of tourism resources within the province;

1.2.13 Direct training and capacity building for local officials, civil servants, employees, and workers in management knowledge and professional skills; organize training courses to improve the quality of the civil servant workforce under the Department's management and develop local tourism human resources according to the Provincial People's Committee and General Department of Tourism's plans;

1.2.14 Organize cooperation among relevant departments to ensure timely and effective management and operation of tourism activities, creating favorable conditions for local tourism development.

1.2.11. Implement investment projects assigned by the Provincial People's Committee; review or participate in reviewing investment and tourism development projects or those related to tourism as prescribed by law;

1.2.12. Manage allocated tourism resources; investigate, assess, classify tourism resources; compile information on investment and development, exploitation, and utilization of tourism resources within the province;

1.2.13. Direct training and capacity building activities for local officials, civil servants, public employees, and workers in management knowledge and specialized vocational skills; organize training and capacity enhancement courses to improve the quality of the civil servant workforce under the Department's management and develop local tourism human resources according to plans assigned by the Provincial People's Committee and the National Tourism Administration;

1.2.14. Organize coordination among relevant departments and sectors regarding tourism activities to ensure timely and effective management and operation, creating favorable conditions for local tourism development;

1.2.15. Implement international cooperation in tourism in accordance with the provisions of the law, the division of labor or delegation of the provincial People's Committee and the Tourism Administration;

1.2.16. Organize research and application of scientific and technological progress in the field of tourism; establish information and reference systems on local tourism management;

1.2.17. Carry out information and regular and urgent reporting on the implementation of assigned tasks in accordance with the regulations of the provincial People's Committee and relevant ministries and ministerial-level agencies as stipulated by law;

1.2.18. Conduct inspections, investigations, handle complaints, accusations, anti-corruption, and address violations of tourism laws in accordance with the provisions of the law;

1.2.19. Manage the organizational structure, staffing, implement salary systems, and reward and disciplinary policies for cadres, civil servants, and public officials under the Department in accordance with the law;

1.2.20. Manage financial resources and assets allocated to it and organize the implementation of the budget allocated according to the law and the decentralization of the provincial People's Committee;

1.2.21. Perform other tasks assigned by the provincial People's Committee;

1.3. Organization and Staffing

1.3.1. Leadership of the Tourism Department:

The Tourism Department has a Director and not more than three Deputy Directors;

The Director of the Department is responsible and reports work to the provincial People's Committee, the Tourism Administration, and the provincial People's Council when required;

The Director of the Department is responsible before the provincial People's Committee and the law for all activities of the Department and the implementation of assigned tasks;

Deputy Directors are responsible before the Director and the law for their areas of work as assigned;

The Chairman of the provincial People's Committee decides on the appointment of the Director and Deputy Directors of the Department based on the job standards issued by competent state agencies and in accordance with the Party and State regulations on cadre work;

The removal, commendation, and disciplinary actions against the Director and Deputy Directors of the Department are carried out in accordance with the law on cadres and civil servants;

1.3.2. Organizational Structure of the Department, including:

- Office;

- Inspection;

- Specialized and operational departments;

- Public service organizations;

The establishment of specialized and operational departments is based on the principle of ensuring comprehensive coverage of all fields within the scope of the Department's administrative management; the functions and responsibilities of each department must be clear and non-overlapping with those of other departments and organizations within the Department; they should be suitable for the characteristics and workload of the locality, ensuring simplicity in administrative procedures and convenience in handling requests from organizations and citizens;

The number of specialized and operational departments of the Department shall not exceed four departments for Hanoi City and Ho Chi Minh City; not more than three departments for other provinces and cities;

The number and names of specialized and operational departments of the Department are determined by the Director of the Tourism Department in coordination with the Director of the Civil Service Department, submitted to the Chairman of the provincial People's Committee for decision;

The Director of the Tourism Department coordinates with the Director of the Civil Service Department to submit to the Chairman of the provincial People's Committee for decision on the establishment of subordinate public service organizations in accordance with the law and to meet the requirements for serving the management of the industry;

The Director of the Tourism Department defines the duties and powers of the Office, specialized and operational departments, and public service organizations under the Department, and specifies the responsibilities of the heads of these organizations in accordance with the law; assists the provincial People's Committee in guiding the establishment of the functions, duties, and powers of specialized agencies assisting the district People's Committee in managing tourism in accordance with Decree No. 172/2004/NĐ-CP dated September 29, 2004 of the Government;

1.3.3. Staffing:

The staffing of the Office, Inspection Department, and specialized and operational departments is state management staffing. The staffing of the Tourism Department is decided by the provincial People's Committee in accordance with Decree No. 71/2003/NĐ-CP dated June 19, 2003 of the Government on the decentralization of administrative and public service staffing management and Decree No. 112/2004/NĐ-CP dated April 8, 2004 of the Government on the mechanism for managing staffing for public service units of the state;

The Director of the Tourism Department must allocate and utilize cadres, civil servants, and public officials in accordance with their positions, qualifications, and standards set forth in the law on cadres and civil servants;

2. Management of Tourism by Provinces Not Yet Meeting Conditions for Establishing a Tourism Department

2.1. Based on specific characteristics, circumstances, and the duties and powers stipulated in Article 1.2 Section 1 Part I, the Director of the Commerce and Tourism Department, after consulting with the Director of the Civil Service Department, submits to the Chairman of the provincial People's Committee for the establishment of a Tourism Management Department under the Commerce and Tourism Department;

2.2. State management staffing for tourism is allocated within the total staffing of the Commerce and Tourism Department to ensure the full implementation of local tourism management tasks;

The allocation and utilization of cadres, civil servants, and public officials must be based on their professional positions and qualifications and standards set forth in the law on cadres and civil servants;

II. SPECIALIZED AGENCIES ASSISTING THE PROVINCIAL PEOPLE'S COMMITTEE

IN MANAGING TOURISM AT THE LOCAL LEVEL

Specialized agencies provide advice and assist the People's Committee of districts, towns, and cities directly under provinces (hereinafter referred to as the district People's Committee) in performing their functions of state management over tourism and state management of public services in the tourism sector within their jurisdiction, organized in accordance with Decree No. 172/2004/NĐ-CP dated September 29, 2004 of the Government on the organization of specialized agencies under the People's Committees of districts, towns, and cities directly under provinces;

1. Functions

These agencies are subject to the direction and management of organization, staffing, and personnel work by the district People's Committee, while also being subject to professional guidance and supervision by the Tourism Department (or the Commerce and Tourism Department for provinces that have not yet met the conditions for establishing a Tourism Department);

2. Duties and Powers

2. Duties and powers

The People's Committee at the district level shall specify in detail the functions, tasks, and authorities of the specialized agencies that provide advisory services and assist the People's Committee at the district level in performing state management functions related to tourism in accordance with the guidelines of the People's Committee at the provincial level.

3. Staffing

Based on the characteristics and development situation of tourism in the locality, the Chairman of the People's Committee at the district level decides on the staffing to meet the state management tasks related to tourism within the total administrative staffing assigned by the People's Committee at the provincial level to the district.

III. STATE MANAGEMENT TASKS RELATED TO TOURISM OF
PEOPLE'S COMMITTEES AT THE COMMUNE, WARD, AND TOWN LEVELS

The state management tasks related to tourism of the People's Committees at the commune, ward, and town levels (hereinafter referred to collectively as the People's Committee at the commune level) shall be decided by the People's Committee at the provincial level based on the proposal of the Director of the Department of Tourism (or the Director of the Department of Commerce and Tourism for provinces that have not yet established a Department of Tourism) after reaching consensus with the Director of the Department of Home Affairs.

Based on the actual situation and requirements of state management tasks related to tourism in the locality, the People's Committee at the provincial level decides the number of non-professional staff members for tourism at the commune level in accordance with Decree No. 121/2003/NĐ-CP dated October 21, 2003 of the Government on the system and policies for cadres and civil servants at the commune, ward, and town levels.

IV. IMPLEMENTATION

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Circular Joint No. 325-TT/TCCP-DL dated May 28, 1993 of the Government Organizational-Cadre Agency (now the Ministry of Home Affairs) and the General Administration of Tourism guiding the implementation of Decision No. 171-TTg dated April 17, 1993 of the Prime Minister on the establishment of the Department of Tourism.

2. The Chairmen of the People's Committees of the provinces and centrally governed cities are responsible for organizing and implementing this Circular. During the implementation of this Circular, if there are any emerging issues or difficulties, the provinces should promptly report them to the General Administration of Tourism and the Ministry of Home Affairs for study and resolution.