DECREE

OF THE GOVERNMENT DECREE NO. 50/2002/NĐ-CP ON APRIL 25, 2002
ON ADMINISTRATIVE PENALTIES FOR VIOLATIONS IN THE TOURISM SECTOR

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

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

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

DECREE:

PART I. GENERAL PROVISIONS

Article 1. Scope of application

1. Administrative violations in the tourism sector are acts committed by individuals or organizations unintentionally or intentionally violating state regulations in tourism activities but not reaching the level of criminal prosecution.

2. Administrative violations in the tourism sector stipulated in this Decree include: Acts violating state management regulations in the operation of tour guides; travel business operations; tourism accommodation business operations; activities harming landscapes, environment, public order, and security at tourist sites, and other violations in the tourism sector.

Article 2. Applicability

1. Organizations and individuals committing administrative violations in the tourism sector shall be subject to penalties according to the provisions of this Decree and other relevant laws on administrative penalties.

2. Foreign organizations and individuals committing administrative violations in the tourism sector within the territory of Vietnam shall be subject to penalties as if they were Vietnamese organizations and individuals, except where international treaties to which Vietnam is a party provide otherwise.

3. Minors committing administrative violations in the tourism sector shall be penalized according to point a, Clause 1, Article 5 and Article 6 of the Ordinance on Handling Administrative Violations.

Article 3. Principles for imposing administrative penalties in the tourism sector

1. The imposition of administrative penalties in the tourism sector must be carried out by authorized persons in accordance with the provisions of the law.

2. All administrative violations in the tourism sector must be promptly detected and handled in accordance with the provisions of this Decree, and must be immediately halted. Penalties must be imposed swiftly and fairly in accordance with the law.

3. An administrative violation in the tourism sector shall only be penalized once. A person who commits multiple administrative violations shall be penalized for each violation. Multiple people jointly committing an administrative violation shall each be penalized.

4. The imposition of administrative penalties must be based on the nature and degree of the violation, personal circumstances, and mitigating or aggravating circumstances specified in Articles 7 and 8 of the Ordinance on Handling Administrative Violations to determine the form of penalty, the amount of penalty, and other appropriate measures in accordance with the law.

5. Decisions on administrative penalties in the tourism sector must be documented in writing, and all administrative violations subject to penalties must be recorded in files and retained fully at the penalty enforcement agency for the duration prescribed by law.

6. Administrative penalties shall not be imposed in cases of emergency situations, justifiable self-defense, unexpected events, or administrative violations committed while suffering from mental illness or other diseases that impair cognitive ability or control over behavior.

Article 4. Statute of limitations for administrative penalties in the tourism sector

The statute of limitations for administrative penalties in the tourism sector shall be applied in accordance with the provisions of Article 9 of the Ordinance on Handling Administrative Violations.

Article 5. AApplication of forms of administrative penalties and other measures

1. When imposing administrative penalties in the tourism sector, authorized persons imposing penalties may only apply the forms of penalties and other measures prescribed in this Decree and other relevant laws on administrative penalties.

2. Main forms of penalties:

a) Warning: applicable to minor violations, first-time offenses, with mitigating circumstances;

b) Fine: Based on the nature and degree of the violation, aggravating or mitigating circumstances to decide the fine amount within the prescribed fine range.

Violations with mitigating circumstances may be fined lower, but not below the lowest limit of the fine range prescribed by law.

Violations with multiple aggravating circumstances may be fined up to the highest limit of the fine range prescribed by law.

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

a) Revocation of international travel business licenses, tour guide cards;

b) Confiscation of objects and means used to commit administrative violations.

4. In addition to the forms of penalties prescribed in Clauses 2 and 3 of this Article, organizations and individuals committing administrative violations in the tourism sector may also be subject to one or more of the measures prescribed in Clause 3, Article 11 of the Ordinance on Handling Administrative Violations.

5. Supplementary forms of penalties and other measures may be applied concurrently with the main form of penalty.

6. When imposing penalties, if the administrative violation falls under the jurisdiction of another competent authority, the person imposing the penalty must record the violation and transfer it to the competent authority with jurisdiction for handling.

CHAPTER II. ADMINISTRATIVE VIOLATIONS IN THE TOURISM SECTOR, Violations concerning price stabilization regulations

Article 6. Violations concerning the activities of tour guides

1. Warning or a fine from 100,000 VND to 200,000 VND for any of the following acts:

a) Not adequately guiding tourists on compliance with laws and other relevant regulations regarding residence, travel, customs procedures, accident prevention rules, and visitation site regulations;

b) Not fully implementing the duty to record the travel program in a logbook;

c) Not wearing the tour guide identification card while guiding tourists;

d) Not providing adequate information about the travel program to tourists, including their rights and obligations;

đ) Not adequately guiding tourists on measures to ensure safety for their lives and property;

2. A fine from 200,000 VND to 500,000 VND for any of the following acts:

a) Guiding foreign tourists without having a labor contract with a business entity authorized to operate travel services;

b) Altering the content of the tour guide identification card;

c) Renting or lending the tour guide identification card to others.

3. A fine from 500,000 VND to 1,000,000 VND for any of the following acts:

a) Engaging in actions or speech that are inconsistent with Vietnamese customs and traditions, adversely affecting the image and cultural identity of Vietnam;

b) Bringing tourists to areas not permitted for tourism visits unless authorized by competent state agencies;

c) Unilaterally changing the announced travel program without the consent of the tourists and the organizing business;

d) Creating pretexts to collect money from tourists contrary to regulations;

đ) Unilaterally reducing the standards and services provided to tourists;

e) Showing discriminatory attitudes causing tourists to react negatively;

4. A fine from 1,000,000 VND to 2,000,000 VND for guiding tourists without a tour guide identification card.

5. Additional forms of punishment:

Tour guides may have their tour guide identification cards revoked temporarily or permanently for any of the acts specified in point a, b, c Clause 2 or points a, b, c, d, đ, e Clause 3 of this Article. for a period of time or indefinitely for any of the acts specified in points a, b, c of Clause 2 or points a, b, c, d, đ, e of Clause 3 of this Article.

Article 7. Violations concerning travel agency operations

1. Warning or a fine of VND 200,000 to VND 1,000,000 for any of the following acts:

a) Failing to notify in writing the commencement date of travel agency operations to the provincial or centrally-administered municipal tourism management authority where the business headquarters is located within 15 days from the official start of operations; b) Failing to notify in writing changes in management, headquarters location, temporary cessation, or termination of operations to the provincial or centrally-administered municipal tourism management authority where the business headquarters is located within 15 days from the date of such changes or cessation/termination;

c) Failing to notify in writing changes in branch or representative office names or locations to the provincial or centrally-administered municipal tourism management authority where the business headquarters is located and the provincial or centrally-administered municipal tourism management authority where the branch or representative office is located within 15 days from the date of such changes or relocation;

d) Failing to notify in writing the establishment of branches or representative offices to the provincial or centrally-administered municipal tourism management authority where the business headquarters is located within 15 days from the official start of operations of the branches or representative offices;

đ) Failing to provide adequate information about the travel program to tourists;

e) Failing to guide tourists on compliance with Vietnamese laws, state regulations on national security, public order, social safety, environmental protection, preservation of tourism resources, cultural identity, and local customs and traditions;

g) Failing to implement measures to ensure the health, life, and property safety of tourists;

h) Failing to comply with or improperly implement the obligation to store records and reports as required by law;

i) Losing the international travel agency license and failing to report it to the issuing authority within seven days from the date of loss.

2. A fine from 1,000,000 VND to 5,000,000 VND for any of the following acts:

a) Failing to comply with the agreed-upon travel program;

b) Failing to provide tourists with the advertised quantity and quality of services;

c) Using transportation means not in accordance with legal provisions;

d) Accommodating tourists at lodging facilities without lawful registration for business operation;

đ) Using tour guides without valid identification cards to guide foreign tourists;

e) Failing to manage tourists entering Vietnam from entry to exit;

g) Failing to manage tourists departing from Vietnam for tourism purposes from exit to re-entry;

h) Operating international travel services without having at least three licensed tour guides;

a) Operating travel services without establishing a business entity;

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

b) Engaging in travel agency operations without the authorized function to do so;

c) Allowing other organizations or individuals to use its legal status and name to conduct travel agency operations;

d) Continuing to operate travel services after announcing a temporary cessation or termination of operations;

đ) Continuing to operate travel services after having had the business registration certificate revoked or being ordered to dissolve;

e) Conducting business operations not in accordance with the content recorded in the license or business registration certificate;

g) Failing to maintain the required deposit amount as stipulated in Articles 4 and 6 of Decree No. 27/2001/NĐ-CP dated June 5, 2001 of the Government on travel agency operations and tour guiding;

h) Operating international travel services without an international travel agency license or using another business's international travel agency license;

i) Altering the content of the international travel agency license;

k) Renting or lending the international travel agency license to others.

k) Leasing or lending the international tour operator license to another person;

l) Not managing branches or representative offices as prescribed by law.

4. Additional forms of administrative punishment:

Revoking the business license for international travel agencies with a time limit or without a time limit for any of the acts prescribed in point e, g, Clause 2, or points c, d, đ, i, k, Clause 3 of this Article.

5. For violations of the provisions on the establishment and operation of branches and representative offices of foreign enterprises and traders in Vietnam in the field of tourism, penalties shall be imposed according to the provisions of Clause 2, Article 1 of Decree No. 01/2002/NĐ-CP dated January 3, 2002, of the Government amending and supplementing certain articles of Decree No. 01/CP dated January 3, 1996, of the Government on administrative penalties in the field of commerce.

Article 8. Violating the regulations on operating tourist accommodation establishments

1. Warning or a fine of VND 200,000 to VND 1,000,000 for any of the following acts:

a) Failing to notify in writing the commencement, suspension, or cessation of operations of tourist accommodation establishments to provincial or centrally-administered city tourism management authorities within fifteen days from the date of officially commencing, suspending, or ceasing operations;

b) Failing to complete registration procedures with authorized tourism management authorities to classify and rank tourist accommodation establishments within six months from the date of officially commencing operations;

c) Failing to display classification and ranking signs as required by law when the tourist accommodation establishment has been classified and ranked, or displaying incorrect classification and ranking signs;

d) Losing the decision recognizing the classification and ranking of tourist accommodation establishments and failing to report to the issuing authority within seven days from the date of loss;

đ) Failing to implement measures to ensure the health, lives, and property safety of guests staying at tourist accommodation establishments;

e) Failing to comply with or improperly implementing the legal requirements for record-keeping and reporting on business activities;

g) Failing to properly implement the legal requirements for publicizing internal regulations at tourist accommodation establishments;

h) Failing to manage guests staying at tourist accommodation establishments in accordance with the law;

2. A fine of VND 200,000 to VND 500,000 for the act of renting out or lending the decision recognizing the classification and ranking of tourist accommodation establishments or using such a decision recognized for one tourist accommodation establishment for another tourist accommodation establishment;

3. A fine of VND 1,000,000 to VND 5,000,000 for any of the following acts:

a) Operating tourist accommodation establishments without having the necessary business functions;

b) Failing to comply with the legal requirements for naming tourist accommodation establishments;

c) Continuing to operate tourist accommodation establishments after announcing the suspension or cessation of operations;

d) Failing to report to the competent authority before operating goods or services subject to conditions (applicable to tourist accommodation establishments recognized with a star rating from 1 to 5 stars);

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

a) Failing to maintain the physical facilities and equipment as prescribed for the classification and ranking of tourist accommodation establishments recognized by authorized tourism management authorities;

b) Operating goods or services subject to conditions without a permit as required by law (applicable to tourist accommodation establishments not yet recognized with a star rating from 1 to 5 stars);

c) Failing to meet the legal requirements during the operation of goods or services subject to conditions within tourist accommodation establishments;

d) Using personnel who do not meet the legal requirements and standards to engage in conditional business services at tourist accommodation establishments;

đ) For the act of advertising that does not correspond to the classification and ranking of tourist accommodation establishments recognized, penalties shall be imposed according to the provisions of Decree No. 31/2001/NĐ-CP dated June 26, 2001, of the Government on administrative penalties in the field of culture and information; Government Decree No. 26 dated June 26, 2001 on administrative penalties in the field of culture and information.

Article 9. Violating the regulations on managing tourist areas and sites

1. Warning or a fine of VND 20,000 to VND 200,000 for any of the following acts:

Selling goods or services at tourist areas and sites without permission from the competent state authorities.

2. A fine of VND 500,000 to VND 5,000,000 for any of the following acts:

a) Illegally exploiting tourism resources for profit or to disseminate superstitions;

b) Constructing buildings or engaging in excavation, repair work affecting the aesthetics and environmental landscape of tourist areas and sites;

c) Damaging or distorting tourism resources.

3. For the act of practicing superstition at tourist areas and sites, penalties shall be imposed according to the provisions of Decree No. 31/2001/NĐ-CP dated June 26, 2001, of the Government on administrative penalties in the field of culture and information; for the act of soliciting or coercing tourists to purchase goods or services, penalties shall be imposed according to the provisions of Decree No. 49/CP dated August 15, 1996, of the Government on administrative penalties in the field of security and public order; for the act of encroaching on land designated for tourist areas and sites, penalties shall be imposed according to the provisions of Decree No. 04/CP dated January 10, 1997, of the Government on administrative penalties in the field of land management and use.

Article 10. Imposing penalties for acts obstructing state officials and agencies in performing their duties of inspection and administrative penalty enforcement in the field of tourism

1. Warning or a fine of VND 200,000 to VND 1,000,000 for any of the following acts:

a) Failing to produce or producing incomplete relevant documents related to inspections and administrative penalty enforcement;

b) Failing to report or reporting inaccurately or incompletely on matters related to inspections;

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

a) Obstructing the inspection and supervision of state officials and agencies while performing their duties;

b) Intentionally delaying or evading the execution of administrative penalty decisions;

c) Disposing of evidence of violations being inspected or temporarily detained;

d) Deliberately absenting oneself to obstruct the progress of inspections by state officials and agencies.

Chapter III. COMPETENCE AND PROCEDURES FOR ADMINISTRATIVE SANCTIONS IN THE FIELD OF TOURISM

Article 11. Competence for administrative sanctions in the field of tourism of specialized tourism inspectors

1. Specialized tourism inspectors performing their duties have the right to:

a) To issue warnings;

b) To impose a fine up to two hundred thousand dong;

c) apply supplementary sanctions and other measures prescribed in point c, Clause 1, Article 34 of the Administrative Violation Handling Ordinance.

2. Heads of specialized tourism inspection departments at provincial level have the right to:

a) To issue warnings;

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

c) Revoke tour guide licenses with or without a specified term;

d) apply supplementary sanctions and other measures prescribed in point c, Clause 2, Article 34 of the Administrative Violation Handling Ordinance.

3. Heads of specialized tourism inspection departments under the Tourism Administration have the right to:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) Revoke tour guide licenses with or without a specified term;

d) Recommend the Director of the Tourism Administration to revoke international travel agency business licenses;

đ) apply supplementary sanctions and other measures prescribed in point c, Clause 3, Article 34 of the Administrative Violation Handling Ordinance.

Article 12. Competence for administrative sanctions of specialized tourism inspectors in related fields

Specialized tourism inspectors have the competence to impose administrative sanctions on violations related to tourism activities according to the Administrative Violation Handling Ordinance and this Decree.

Article 13. Competence for administrative sanctions in the field of tourism of Chairpersons of People's Committees at various levels

1. Chairpersons of People's Committees at commune, ward, town level have the right to apply administrative sanctions prescribed in Article 26 of the Administrative Violation Handling Ordinance to handle administrative violations in the field of tourism.

2. Chairpersons of People's Committees at district, county, city-level municipality level have the right to apply administrative sanctions prescribed in Article 27 of the Administrative Violation Handling Ordinance to handle administrative violations in the field of tourism.

3. Chairpersons of People's Committees at provincial level, centrally-administered municipalities have the right to apply administrative sanctions prescribed in Article 28 of the Administrative Violation Handling Ordinance to handle administrative violations in the field of tourism.

Article 14. Competence for administrative sanctions in the field of tourism of public security agencies, market management agencies, and other specialized state inspection agencies

Persons authorized by public security agencies, market management agencies, and other specialized state inspection agencies have the right to impose administrative sanctions in the field of tourism according to Articles 29, 33, 34 of the Administrative Violation Handling Ordinance within their respective competences related to tourism activities.

Article 15. Procedures for administrative sanctions in the field of tourism

Procedures for administrative sanctions in the field of tourism must comply with the provisions of Articles 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55 of the Administrative Violation Handling Ordinance.

Article 16. Time limit for enforcement of decisions on administrative sanctions in the field of tourism

The time limit for enforcement of decisions on administrative sanctions in the field of tourism shall be applied according to the provisions of Article 56 of the Administrative Violation Handling Ordinance..

Article 17. Handling violations by persons authorized to impose administrative sanctions in the field of tourism

Handling violations by persons authorized to impose administrative sanctions in tourism activities must comply with the provisions of Article 91 of the Administrative Violation Handling Ordinance.

Article 18. Petitioning and Reporting

1. Citizens have the right to report to competent state agencies about administrative violations by organizations or individuals in the field of tourism as stipulated in this Decree or to report violations by persons authorized to impose administrative sanctions in the field of tourism according to the laws on complaints and denunciations.

2. Individuals or organizations subject to administrative sanctions or their lawful representatives have the right to appeal the decision on administrative sanctions according to the laws on complaints and denunciations.

3. The procedures, processes for appeals and denunciations, and the authority to resolve appeals and denunciations regarding administrative sanctions in the field of tourism shall be applied according to the Law on Complaints and Denunciations dated December 2, 1998, and other relevant laws on complaints and denunciations.

CHAPTER IV. IMPLEMENTING PROVISIONS

Article 19. Effectiveness of the Decree

This Decree takes effect fifteen days from the date of signature.

Article 20. Responsibility for Implementing the Decree

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