Decision No. 5/QD-BNV Issuing the Rules on Management of Boarding House Business

Pursuant to …;

ISSUED BY THE MINISTRY OF HOME AFFAIRS NUMBER 5/QD-BNV ON FEBRUARY 12, 1980 REGARDING
REGULATIONS ON MANAGEMENT OF LODGING BUSINESS

THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

Pursuant to the Ordinance of the Standing Committee of the National Assembly dated July 20, 1962 on the tasks and powers of the People's Police;

Pursuant to Circular No. 348-TTG dated June 27, 1978 of the Prime Minister on continuing to build and improve the hotel industry in the South towards socialist business;

To ensure safety and meet the accommodation needs of cadres and people; to serve the reception of guests by state agencies and mass organizations; to meet the needs of domestic and foreign tourists for sightseeing and tourism; to enhance the service responsibility of lodging business operators; and at the same time prevent and detect bad elements who exploit lodging facilities for illegal activities, contributing to maintaining political security and social order and safety,

Pursuant to …;

Article 1. The Ministry of Home Affairs hereby promulgates the Regulations on Management of Lodging Business attached hereto.

Article 2:These Regulations replace Decree No. 35-NDC dated February 14, 1959 of the Ministry of Public Security on registration and management of lodging business.

Article 3: These Regulations shall take effect from the date of issuance.

Article 4: Chairmen of People's Committees of provinces and centrally governed cities, heads of offices, directors of bureaus, department chiefs... under the Ministry of Home Affairs are responsible for implementing these Regulations.

CHARTER

MANAGEMENT OF LODGING BUSINESS

(Attached to Decision No. 5/QD-BNV dated February 12, 1980 of the Ministry of Home Affairs)

PART I

GENERAL PRINCIPLES

Article 1. All organizations and individuals engaged in hotel lodging business or providing accommodation without charge but using it for other businesses such as restaurants, refreshment shops, horse stables... in state-owned, public-private joint ventures, collective, and individual sectors must be subject to management by the police according to the provisions of these Regulations.

Article 2. Foreign nationals are not permitted to engage in the lodging business in the Socialist Republic of Vietnam.

Chapter II

CONDITIONS AND PROCEDURES FOR OBTAINING LICENSE TO ENGAGE IN LODGING BUSINESS

Article 3. Organizations and individuals wishing to engage in the lodging business must satisfy the following conditions:

1. Must have permission from competent authorities:

a. For state-owned and public-private joint venture establishments directly managed by the central level, there must be a decision on establishment issued by the relevant ministry or equivalent agency; if managed by localities, there must be a decision on establishment issued by the People's Committee of the province or centrally governed city.

b. For collective and private establishments, there must be a permit issued by the People's Committee of the district or equivalent authority where the lodging establishment is located.

2. Must have equipment and amenities to serve and ensure safety and hygiene for guests such as beds, mats, quilts, mosquito nets, lighting, sanitary facilities, luggage storage areas, fire-fighting equipment, etc., as prescribed by the managing authority and health, police, etc. agencies.

3. Personnel working in lodging establishments must meet the following standards:

a. Be honest citizens; have a clear history; have no criminal record for counter-revolutionary crimes; have no criminal record for other offenses such as robbery, murder, theft, pimping, smuggling, fraud, hoarding, selling stolen goods, etc.

b. Strictly comply with all policies and laws of the Party and State;

c. Not suffer from infectious diseases;

d. Individuals engaging in collective and private lodging businesses must be permanent residents within the scope of towns, cities, counties, wards, districts, provincial cities where the business establishment is located.

Article 4. Procedures for obtaining a license to engage in the lodging business.

1. For collective and private establishments:

a. Application for permission to operate the business specifying the location and nature of the business, name and surname of the person in charge or owner, number of staff, organizational structure, and planned opening date;

b. List of equipment and facilities of the establishment;

c. Layout diagram of the lodging area showing internal arrangements, accompanied by a description of room classification, guest capacity, etc.;

d. List of personnel working in the establishment, each with a self-declared resume certified by the People's Committee of the place of permanent residence and two 3x4 cm photos, face straight-on, no hats or caps.

Each type of document mentioned above must be prepared in duplicate and submitted to the People's Committee of the district or equivalent authority where the lodging establishment is located for examination. Only after receiving a license from the People's Committee of the district or equivalent authority can operations commence.

2. State-owned and public-private joint venture establishments:

After being authorized by the competent authority to establish and before opening, the direct managing agency of the lodging establishment must exchange written information with the police authority at the same level regarding the location and nature of the business, organizational structure, person in charge, number of staff, and planned opening date. Accompanying this should be a layout diagram of the establishment area showing internal arrangements, with a description of scale, guest capacity, room classification; list of equipment and facilities; and list of staff serving in the establishment.

Chapter III

PROVISIONS WHEN OPERATING THE BUSINESS

Article 5. Lodging establishments when operating must:

1. Display signs hanging at the entrance, floors, rooms, beds must be numbered according to the layout diagram;

2. Post price lists for lodging and internal regulations of the lodging establishment. These postings must be approved by the licensing authority or managing agency and placed in easily visible locations;

3. Common rooms, dormitories, corridors, passageways, sanitary facilities... must have continuous lighting throughout the night. If it is a dormitory, male and female sections must be distinguished;

4. Must have personnel on duty to receive guests and continuously during the period guests are staying. Must maintain a guest registration book (template guided by the police and procedures for registering temporary residence for guests daily). The guest registration book must be registered with the managing police authority before use, and upon completion of use, must be returned to the managing police authority for registration of a new book.

Article 6. The procedure for reporting temporary residence for guests is as follows:

1. Each time a guest arrives, the on-duty personnel of the lodging establishment must examine the guest's identification documents, record in the guest registration book, write a report on the temporary resident status of each guest, and follow the reporting procedures as follows:

a. Before 23 hours on any given day, if there are guests arriving to stay, after completing the registration procedures, the accommodation facility must send someone with the guest registration book, temporary residence notification form, and the guest's identification documents to register their temporary stay at the local police station. In places without a police station, it should be reported to the local People's Committee.

b. After 23 hours, if additional guests arrive, the accommodation facility must promptly report this before the guests depart.

c. If guests only rent rooms during the daytime, regardless of the duration, the accommodation facility must complete all registration and temporary stay reporting procedures.

2. For hotels and lodges accommodating foreign visitors staying temporarily, the registration and reporting of temporary stay shall be carried out as follows:

a. For tourists, overseas Vietnamese, students studying abroad, and foreign experts, the hotel or lodge staff must request the guests (or Vietnamese guides accompanying the guests) to present their passports or substitute travel documents and temporary stay registration forms. Subsequently, the hotel or lodge staff must report to the local police precinct or ward; in areas without a police precinct or ward, they must report to the district or county police.

b. For guests of the Party, Government, National Assembly, special delegations, and those with diplomatic status, specific regulations apply.

Article 7:When storing guests' luggage, the accommodation facility must maintain a record and issue a detailed receipt. In case of loss or damage, the owner or person responsible for the accommodation facility must bear compensation liability.

If guests bring weapons, explosives, flammable materials, toxic substances..., the accommodation facility must request them to show the relevant permits and store these items securely, not allowing guests to carry them into their sleeping quarters. If guests refuse to comply, the accommodation facility has the right to refuse their stay.

Article 8:The person in charge or owner of the accommodation facility is responsible for:

1. Ensuring the safety of guests, assisting when guests encounter accidents, caring for guests when they are ill, and preventing epidemics. If guests leave behind luggage..., the accommodation facility must record this in the logbook, carefully preserve it, and promptly report to the police to locate and return it to the guests.

2. Upon discovering any illegal acts or suspicious persons or phenomena, the staff of the accommodation facility must promptly inform the nearest police authority and have the responsibility to participate in resolving the situation.

3. When police officers come for inspection, the person in charge or owner of the accommodation facility must assist and facilitate according to the inspector's requirements, and must not obstruct the inspector from performing their duties.

Article 9:The accommodation facility may not exceed the number of people specified. During holidays, festivals, and events, if the demand for accommodation increases, the accommodation facility must obtain approval from the police and business management authorities to accommodate additional guests.

Article 10:Collective and private accommodation facilities that undergo changes such as a change in the person in charge or owner, or a change in service personnel, must report to the police for background checks. In cases of changing the name, adding other businesses, expanding or reducing the scope of accommodation, or relocating, the person in charge or owner must submit an application to the licensing authority and can only make changes after obtaining permission.

State-owned and public-private joint venture accommodation facilities undergoing similar changes must have prior communication with the corresponding level of police authority through written documentation.

Chapter IV

IMPLEMENTATION MEASURES

Article 11. Within thirty days from the date the locality promulgates this regulation, all organizations and individuals currently engaged in accommodation services must complete all procedures stipulated in this regulation. While awaiting authorization from the competent authority, they may continue operations but must strictly adhere to the provisions of this regulation.

Article 12. Organizations and individuals who strictly implement the provisions of this regulation and achieve outstanding results will be rewarded.

Article 13. Organizations and individuals who violate the provisions of this regulation or exploit accommodation facilities for illegal activities will be punished according to the severity of the offense as follows:

a. Warning;

b. Fine;

c. Business penalty;

d. Suspension of business operations, revocation of license;

e. Prosecution before court.

Article 14:Any amendments to this regulation shall be decided by the Minister of Interior Affairs.