Tiếng Việt- 1 Decree No. 94/2003/ND-CP of August 19, 2003, prescribing the functions, tasks, powers and organizational structure of Vietnam National Administration of Tourism
- 2 Decision No. 02/2003/QD-BTNMT of July 29, 2003, promulgating the regulation on regulation on environmental protection in the field of tourism
- 3 Decree No. 47/2001/ND-CP of August 10, 2001, on the function, tasks, powers and organization of the Tourist inspectorate.
- 4 Decree of Government No. 27/2001/ND-CP, on tour business and tourist guiding.
- 5 Decree of Government No.39/2000/ND-CP of August 24, 2000 on tourist accommodation establishments
- 6 Decree No. 48/1999/ND-CP of July 8, 1999, prescribing domestic and overseas representative offices and branches of Vietnamese traders and tourist enterprises
| THE STANDING COMMITTEE OF NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
| No: 11/1999/PL-UBTVQH10 | Hanoi, February 08, 1999 |
In order to develop domestic and international tourism, promote bilateral exchange and mutual understanding among nations; enhance the effectiveness of State management over tourism and contribute to the national socio-economic development;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to the Resolution of the X th National Assembly, 4th session on the legislative program during the X th National Assembly�s tenure and the 1999 legislative program;
This Ordinance provides for tourism.
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The State shall work out measures to protect, upgrade, rationally exploit and use tourist resources for the sustainable development of tourism.
The Vietnam Fatherland Front and its member organizations shall, within their tasks and powers, have to launch campaigns and mobilize people to take part in tourist development, preservation and protection of tourist resources; and supervise the implementation of the tourist legislation.
Article 10.- In this Ordinance, the following terms shall be construed as follows:
1. Tourism is human activities outside their habitual residence, aimed at satisfying their need for excursion, recreation and/or rest within a certain period of time.
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3. Tourist resources are the natural scenery, historical and revolutionary relics, humanist values and works of human creative labor, which may be used to satisfy the human need for tourism; which are the basic factor for the establishment of tourist sites and tourist resorts in order to create tourist attraction.
4. Tourist site is a place with attractive tourist resources capable of attracting tourists.
5. Tourist resort is a place where tourist resources are available with prominent advantages in terms of natural landscapes, which is included in the planning and entitled to investment development for the satisfaction of different needs of tourists, thus bringing about socio-economic and environmental results.
6. Tourist line is a route that links different tourist sites or tourist resorts.
7. Tourist business is the performance of one, a number of or all stages of a tourist process or the performance of tourist services on the market for profit-making.
8. Tour is a travel made according to a set plan, route or program.
9. Tourist accommodation are facilities doing tourist business by providing rooms, beds and other tourist services for tourists. Tourist accommodation facilities include hotels, tourist villages, villas, flats and camps for rent, of which hotels are the most important.
10. Tourist promotion are activities aimed at seeking and promoting opportunities for tourist development.
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Article 11.- Tourist resources include those under exploitation and potential resources.
Basing itself on the Government’s provisions, the tourist State management agency shall have to define areas with tourist resources.
The State shall exercise unified management over tourist resources in the whole country.
All acts of infringing upon tourist resources shall be strictly handled in accordance with the provisions of law.
Organizations and individuals managing tourist resources at tourist sites and tourist resorts are entitled to collect charges and fees. The Government shall provide detailed guidance for the collection, management and use of such charges and fees.
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1. Widely advertising and introducing the country and people of Vietnam; its scenery and beauty sites, its historical, revolutionary and cultural relics, its works of human creative labor and its national cultural identity, to the people of different strata inside and outside the country;
2. Raising the knowledge of society about tourism, creating a civilized, healthy and safe tourist environment, bringing into play the national tradition of hospitality;
3. Developing diversified and unique tourist resorts and tourist sites of high quality, imbued with the cultural identity of different ethnic groups in the whole country, of each region and each locality;
4. Developing the infrastructure, material and technical foundations of tourism, diversifying and raising the quality of tourist services.
1. Training and development of the human resource in tourism;
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3. Conducting scientific research and application and development of advanced technologies in the field of tourism;
4. Modernization of communication and transport means as well as equipment and facilities related to tourist activities;
5. Building the infrastructure for tourist lines, tourist sites and tourist resorts;
6. Building and upgrading the material and technical foundations in the key tourist areas;
7. Making souvenirs and fine-art goods; restoring and developing traditional handicrafts;
8. Raising the quality of tours, of tourist-guide, tourist accommodation and transportation services;
9. Exploiting tourist potentials in the areas with socio-economic difficulties or special socio-economic difficulties.
The Government shall set up a tourism development fund with part of the annual State budget revenues from tourist business activities and with contributions from organizations and/or individuals doing tourist business and other organizations and/or individuals inside and outside the country. The management and use of this fund shall be provided for by the Government.
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Article 20.- Tourists include domestic tourists and international tourists.
Domestic tourists are Vietnamese citizens and foreigners residing in Vietnam who travel within the Vietnamese territory.
International tourists are foreigners, overseas Vietnamese who travel to Vietnam and Vietnamese citizens and foreigners residing in Vietnam who travel abroad.
Article 21.- Tourists have the following rights:
1. To select part or the entire tourist program and services provided by organization(s) and/or individual(s) doing tourist business;
2. To request the organization(s) and/or individual(s) doing tourist business to supply necessary information on the tourist program and tourist services;
3. To be given favorable conditions to clear the procedures related to their entry, exit, transit, stay or travel and customs procedures;
4. To enjoy tourist services according to the contract;
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6. To be compensated if they suffer damage caused by the organization(s) and/or individual(s) doing tourist business;
7. To complain, denounce or initiate a lawsuit against acts of violation of tourism legislation;
8. To enjoy other rights as prescribed by law.
Article 22.- Tourists have the following obligations:
1. To respect and preserve the natural scenery, lands-capes, environment, historical, revolutionary and cultural relics, national fine traditions and customs as well social order and safety at the place of their arrival for tourism;
2. To abide by the rules and regulations of the concerned tourist resort, tourist site and the establishment of their stay;
3. To pay tourist service charges according to the contract and other charges and fees as prescribed by law;
4. To pay compensation if they cause damage to the organization(s) and/or individual(s) doing tourist business;
5. To respect and observe other provisions of law.
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Article 25.- Tourist business lines include:
1. Domestic and international tour business;
2. Tourist accommodation business;
3. Tourist transportation business; and
4. Other tourist service businesses.
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1. Having a personnel with good professional knowledge and health conditions suited to the tourist business line(s) and scope;
2. Having a feasible tourist business plan;
3. Having adequate material foundations and facilities suited to the tourist business line(s) and scope;
4. Having a business location compatible to the tourist business line.
The establishment of tourist enterprises, the registration of tourist business of tourist enterprises and other enterprises engaged in tourist business must be approved by the competent tourist State management agency.
The establishment of representative offices of foreign tourist enterprises in Vietnam for tourist promotion must be permitted by the competent tourist State management agency.
The establishment and operation of branches of foreign tourist enterprises in Vietnam shall be decided by the Government.
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a/ Having tourist programs for domestic tourists;
b/ Making payment for escrow account according to the Government’s stipulations;
2. Domestic tour business enterprises shall not be allowed to engage in international tour businesses.
a/ Having tourist programs for foreign tourists;
b/ Having tourist guides compatible to the tourist programs provided for foreign tourists;
c/ Making payment for escrow account according to Government’s stipulations;
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3. International tour business enterprises shall employ only the persons with tourist guide cards to work as tourist guides for international tourists.
1. A tourist guide for foreign tourists must have a tourist guide’s card.
2. To be granted a tourist guide�s card, an individual shall have to satisfy the following conditions:
a/ Being a Vietnamese citizen;
b/ Having good ethics and personal behaviors;
c/ Having suitable health condition;
d/ Mastering at least one foreign language;
e/ Having a university diploma on the tour or tourist-guide specialty or a university diploma on another specialty, accompanied with a certificate of tourist-guide training or fostering issued by a competent training establishment.
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Tourist accommodation establishments must be classified according to the regulations of the competent tourist State management agency.
Drivers of transport means used specifically for tourists must get professional training on tourist transportation.
1. To select business lines according to the provisions of Articles 25 and 26 of this Ordinance;
2. To be protected by the State for their lawful tourist business activities;
3. To join professional associations and associations for tourism promotion;
4. To enjoy other rights as prescribed by law.
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1. To abide by the Vietnamese law;
2. To do business in strict compliance with the lines stated in their permits and their business registration certificates; to publicize their signboards, locations of head office, branches and representative offices;
3. To fully perform their obligations under the contracts signed with tourists; to be responsible for the quality of services and goods sold to tourists; to publicize service charges and goods prices; to undertake measures to ensure safety for tourists’ life and property and provide necessary information on tours to tourists; to provide tourists guidance on the rules and regulations at the places of their arrival.
4. To pay compensations for damage caused to tourists;
5. To observe the State regulations on reporting, accounting and statistical regimes as well as on publicity and advertisement.
INTERNATIONAL COOPERATION IN TOURISM
Article 38.- International cooperation in tourism shall have the following main contents:
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2. Development of tourist sources;
3. Participation in international and regional tourist organizations;
4. Development of human resource in tourism;
5. Scientific research, application and transfer of advanced technologies in the field of tourism;
6. Exchange of specialists, information and experiences on tourist development;
7. Basic surveys, protection, upgrading, exploi-tation, use and development of tourist resources;
8. Elaboration and execution of tourist develop-ment projects;
9. Protection of the environment of tourist sites and tourist resorts.
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Vietnamese tourist associations and tourist enterprises are entitled to join international tourist associations in accordance with the provisions of law.
Foreign organizations and individuals and overseas Vietnamese investing in infrastructure construction of tourist sites, tourist resorts and facilities therein; development of human resource in tourism; protection, upgrading and development of tourist resources; improvement of the ecological environment; scientific research on tourism; study and development of new forms of tourism in Vietnam, are eligible for preferences as prescribed by law.
Article 41.- Contents of State management over tourism:
1. Promulgating and organizing the implementation of legal documents on tourism;
2. Drafting and directing the implementation of strategies, planning, plans and policies on tourist development;
3. Deciding on the State apparatus for tourist management and on the coordination of State agencies in the State management over tourism;
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5. Organizing and managing the work of tourism promotion and international cooperation in tourism;
6. Granting and withdrawing permits and certificates for tourist activities;
7. Examining, inspecting; settling complaints and denunciations, and handling violations of the tourist legislation.
a/ To submit to the National Assembly and the National Assembly Standing Committee draft laws and ordinances on tourism;
b/ To issue legal documents on the criteria for national and local tourist resorts, tourist lines and tourist sites as well as other legal documents on tourism;
c/ To ratify and direct the implementation of strategies, planning and plans on tourist development;
d/ To direct the organization and coordination of activities related to tourist development;
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2. The Prime Minister shall decide the establish-ment of the national tourist resorts, tourist lines and tourist sites and shall stipulate the management of the national tourist resorts and tourist sites.
1. To submit to the Government and the Prime Minister draft laws, ordinances, resolutions, decrees, decisions and other legal documents as defined in Articles 41 and 42 of this Ordinance;
2. To promulgate legal documents determining the criteria for the classification of tourist accommodation facilities and other legal documents on tourism according to their competence;
3. To organize the implementation of strategies, planning, plans and policies for tourist development;
4. To organize the training, fostering and development of tourism as well as scientific and technological research and application in the field of tourism;
5. To organize tourist promotion and international cooperation in tourism;
6. To grant, withdraw permits for international tour business, tourist guide cards, certificates of the classification of tourist accommodation facilities, permits for the establishment of representative offices of foreign tourist enterprises in Vietnam;
7. To examine and inspect; to settle complaints and denunciations and handle violations of the legislation on tourism according to its competence;
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2. The Government shall specify the responsibilities of the ministries, the ministerial-level agencies and the agencies attached to the Government in the performance of the tasks defined in Clause 1 of this Article.
1. Basing themselves on the ratified strategies, planning and plans on tourist development to decide the establishment of local tourist resorts, tourist lines and tourist sites and stipulate the management of the local tourist resorts and tourist sites;
2. To manage tourist resources and other tourism-related resources as assigned by the Government;
3. To manage tourist activities in their respective localities;
4. To examine, inspect; to settle complaints and denunciations and handle violations of the tourist legislation according to their competence;
5. To perform other tasks and exercise other powers in State management over tourism as prescribed by law.
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Article 48.- The tourist inspectorate is the inspectorate specialized in tourism.
The organization, powers and tasks or the tourist inspectorate shall be defined by the Government.
COMMENDATION AND HANDLING OF VIOLATIONS
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2. Persons who abuse their position and/or power to violate the provisions of this Ordinance and other provisions of the tourist legislation shall, depending on the nature and seriousness of their violation, be disciplined or examined for penal liability; and pay compensation if they cause damage, as prescribed by law.
Article 55.- This Ordinance takes effect from May 1st, 1999.
The earlier regulations contrary to this Ordinance are all now annulled.
Article 56.- The Government shall provide detailed guidance for the implementation of this Ordinance
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THE STANDING COMMITTEE OF NATIONAL ASSEMBLY
Nong Duc Manh
- 1 Decision No. 121/2006/QD-TTg of May 29, 2006, approving the national program of action on tourism in the 2006-2010 period
- 2 Decision No. 02/2003/QD-BTNMT of July 29, 2003, promulgating the regulation on regulation on environmental protection in the field of tourism
- 3 Decree of Government No. 27/2001/ND-CP, on tour business and tourist guiding.
- 4 Decree of Government No.39/2000/ND-CP of August 24, 2000 on tourist accommodation establishments
- 5 Decree No. 48/1999/ND-CP of July 8, 1999, prescribing domestic and overseas representative offices and branches of Vietnamese traders and tourist enterprises
- 6 1992 Constitution of the Socialist Republic of Vietnam