NATIONAL ASSEMBLY 

SOCIALIST REPUBLIC OF VIETNAM

No. 44-2005-QH11

Independence - Freedom - Happiness

LAW
ON
TOURISM 

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam as amended by Resolution 51-2001-QH10 passed by Legislature X of the National Assembly at its 10th Session on 25 December 2001; 

This Law regulates tourism. 

CHAPTER I
General Provisions 

Article 1 Governing scope 

This Law regulates tourism resources and tourism activities; and the rights and obligations of tourists, of organizations and individuals engaged in tourism business, and of other organizations and individuals engaged in activities related to tourism. 

Article 2 Applicable entities 

1. Vietnamese and foreign organizations and individuals engaged in tourism activities in the territory of Vietnam.

2. Bodies, organizations, individuals and local communities engaged in activities related to tourism. 

Article 3 Application of law on tourism 

1. The subjects stipulated in article 2 of this Law must comply with the provisions of this Law and other relevant laws of Vietnam.

2. Where an international treaty of which the Socialist Republic of Vietnam is a member contains provisions which differ from those in this Law, such international treaty shall apply. In the case where the law of Vietnam or an international treaty of which the Socialist Republic of Vietnam is a member does not contain any provision, the parties engaged in tourism activities shall be permitted to agree on application of international customary practice provided that it is not contrary to the fundamental principles of the law of Vietnam. 

Article 4 Interpretation of terms 

In this Law, the following terms shall be construed as follows:

1. Tourism means activities connected with trips for a specific period of time taken by people outside their habitual place of residence aimed at satisfying their requirements for sightseeing, experience, leisure and recreation.

2. Tourist means a person who travels either for tourism or for other purposes including tourism, but not a person who travels to study, work or practice a profession to earn income at a destination.

3. Tourism activities means activities of tourists, organizations and individuals engaged in tourism business, and of bodies, organizations, individuals and local communities engaged in activities related to tourism.

4. Tourism resources mean natural landscape, natural elements, historical or cultural relics, creative works and other works with humanist merit which can be used in order to satisfy tourism requirements and which constitute the basis for formation of tourist resorts, tourist destinations, tourist routes and tourist cities.

5. Sightseeing means activities of tourists when they visit areas containing tourism resources in order to experience and appreciate the merits of such tourism resources.

6. Tourist city means a city or urban area with advantages for the development of tourism and where tourism plays an important role in the activities of such city or urban area.

7. Tourist resort means a place with attractive tourism resources and the advantage of natural tourism resources which has been zoned and in which investment has been made for development with the aim of satisfying the diverse requirements of tourists and which brings about socio-economic and environmental benefits.

8. Tourist destination means a place with attractive tourism resources which services the sightseeing requirements of tourists.

9. Tourist route means a route linking various tourist resorts, tourist destinations and establishments providing tour services which is associated with road, rail, waterway or air routes.

10. Tour product means a combination of services necessary to satisfy the requirements of tourists on trips.

11. Tourist services means the provision of services regarding travel, transportation, accommodation, food and beverages, entertainment, information, guidance and other services aimed at satisfying the requirements of tourists.

12. Tourist accommodation establishment means an establishment, for example an hotel, which rents rooms and beds and provides other related services for overnight guests.

13. Tour program means a pre-determined itinerary for a tour outlining the services and cost of the program from the beginning until the end of the tour.

14. Travel business means the formulation, sale and organization of a part or the whole of a tour program for tourists.

15. Tourist guidance means the activity of guiding tourists in accordance with a tour program.

A person engaged in tourist guidance activities shall be referred to as a tourist guide and shall be paid for such services.

16. Specialized means of tourist transportation means any vehicle or facility which satisfies the conditions for catering to tourists and which is used to transport tourists in accordance with a tour program.

17. Tourism promotion means the activities of disseminating information, advertising or marketing aimed at seeking and promoting opportunities for the development of tourism.

18. Sustainable tourism means the development of tourism which satisfies present needs without harming the ability to satisfy the future needs of tourism.

19. Eco-tourism means a type of tourism based on nature and connected with local cultural identity and the participation of local communities aimed at sustainable development.

20. Cultural tourism means a type of tourism based on the national cultural identity with the participation of local communities in order to preserve and display traditional cultural values.

21. Tourist environment means both the natural environment and the sociohumanist environment where tourism activities take place. 

Article 5 Principles of development of tourism 

1. To develop sustainable tourism in accordance with master plans and specific plans, ensuring harmony between socio-economic development and the environment; developing cultural and historical tourism and ecotourism in prioritized and key regions; and conserving, enhancing and displaying the merits of tourism resources.

2. To ensure national sovereignty, national defense and security, social order and safety.

3. To ensure the national interest, community interests and other legitimate interests; the security and safety of tourists; and the lawful rights and interests of organizations and individuals engaged in tourism business.

4. To ensure the participation of all economic sectors and of citizens at all levels in the development of tourism.

5. To contribute to the expansion of foreign relations and international exchange in order to promote the image of the country of Vietnam and its people.

6. To develop simultaneously both domestic and international tourism with a view to attracting increasing numbers of foreign tourists to Vietnam. 

Article 6 Policies for development of tourism 

1. The State shall create mechanisms and adopt policies to mobilize all resources for increased investment in the development of tourism in order to make tourism a cutting edge industry in Vietnam.

2. The State shall adopt policies of encouragement and incentives regarding land, finance and credit applicable to both domestic and foreign organizations and individuals investing in the following fields:

(a) Protection and enhancement of tourism resources and the tourism environment;

(b) Tourism publicity and advertising;

(c) Training and development of human resources in tourism;

(d) Research into and investment and development of new tour products;

(dd) Modernization of tourism activities;

(e) Construction of tourism infrastructure, material and technical facilities; import of high-quality facilities for transportation of

tourists and modern specialized equipment for high-grade tourist accommodation establishments and national tourist resorts;

(g) Development of tourism in remote and isolated areas and in areas with socio-economic difficulties where there is potential for tourism activities in order to use the local labour force and goods and services, thereby contributing to raising the intellectual level of the people and eliminating hunger and reducing poverty.

3. The State shall allocate State Budget funds for master planning work; for supporting investment in infrastructure construction in tourist cities, tourist resorts and tourist destinations; for supporting tourism publicity and advertising; for the protection and enhancement of tourism resources and the tourism environment; for researching and applying science and technology; and for training and developing human resources in tourism.

4. The State shall facilitate foreigners and Vietnamese residing overseas to visit Vietnam for tourist purposes; and Vietnamese citizens and foreigners residing in Vietnam to travel both inside Vietnam and abroad for tourist purposes. The State shall protect the lawful rights and interests of tourists.

5. The State shall facilitate organizations and individuals from all economic sectors and citizens at all levels to participate in tourism activities and shall extend international exchange and co-operation in tourism between Vietnam and other countries in the region and throughout the world.

6. The State shall encourage and facilitate the establishment of a Tourism Development Assistance Fund funded by contributions from subjects benefiting from tourism activities and by voluntary contributions from both domestic and foreign organizations and individuals. 

The Government shall issue specific regulations on the policies for development of tourism stipulated in this article. 

Article 7 Participation of local communities in development of tourism 

1. Local communities shall have the right to participate in and enjoy lawful benefits from tourism activities. Local communities shall be responsible for preserving tourism resources, for nurturing their local cultural identity, for maintaining social security, safety and order; and for keeping the environment hygienic in order to make tourism attractive.

2. Local communities shall be provided with conditions to invest in the development of tourism and in the restoration and promotion of their various traditional cultures, folklore arts, crafts and artefacts in order to service tourists and to raise the standard of the material and spiritual lives of the local inhabitants. 

Article 8 Tourism associations 

1. Tourism associations shall be established on the basis of voluntary participation by organizations and individuals engaged in tourism business and for the protection of the lawful rights and interests of members and for contribution to the development of members.

2. Tourism associations shall participate in organization of tourism publicity and advertising activities, in promotion of tourism, and in the formulation and dissemination of the law on tourism.

3. The organization and operation of tourism associations shall be implemented in accordance with the law on associations. 

Article 9 Protection of tourism environment 

1. The natural environment and the socio-humanist environment shall be protected, enhanced and developed with the aim of ensuring a green, clean, beautiful, safe, secure, wholesome and civilized tourism environment.

2. Ministries and ministerial equivalent bodies shall, within the scope of their respective duties and powers, issue regulations aimed at protecting, enhancing and developing the tourism environment.

3. People's committees at all levels shall take measures to protect, enhance and develop the tourism environment in conformity with local conditions.

4. Organizations and individuals engaged in tourism business shall be responsible to collect and treat waste discharged during their business operations; to remedy any negative impact on the environment caused by their business operations; and to take measures to prevent and fight against social evils within their business establishments.

5. Tourists, local communities and other organizations and individuals shall be responsible to protect and preserve the landscape, environment, national cultural identity and fine customs and to behave in a polite and civilized way in order to promote the image of the country of Vietnam, the Vietnamese people, and tourism in Vietnam. 

Article 10 Contents of State administration of tourism 

1. To formulate strategies, master plans, other plans and policies for development of tourism and to organize their implementation.

2. To formulate and promulgate legal instruments and eco-technical norms and standards for tourism activities and to organize their implementation.

3. To propagate, disseminate and teach the law on tourism and to provide information on tourism.

4. To organize and manage the training of human resources; to research and apply science and technology.

5. To conduct surveys and evaluations of tourism resources in order to formulate master plans for development of tourism and to identify tourist resorts, tourist destinations, tourist routes and tourist cities.

6. To undertake international co-operation in tourism and to conduct tourism promotional activities both inside and outside Vietnam.

7. To provide the staffing for State administration of tourism and to coordinate with other relevant State bodies to exercise State administration of tourism.

8. To issue and withdraw licences and certificates for tourism activities.

9. To check, inspect and resolve complaints and denunciations and to deal with breaches of the law on tourism. 

Article 11 Responsibility for State administration of tourism 

1. The Government shall exercise uniform State administration of tourism.

2. The State administrative body for tourism at the central level shall be responsible before the Government for the exercise of State administration of tourism; and shall preside over co-ordination with other State bodies in exercising State administration of tourism.

3. Ministries and ministerial equivalent bodies shall, within the scope of their respective duties and powers and the authority delegated to them by the Government, be responsible to co-ordinate with the State administrative body for tourism at the central level in exercising State administration of tourism.

4. People's committees of provinces and cities under central authority (hereinafter referred to as provincial people's committees) shall, within the scope of their respective duties and powers and the authority delegated to them by the Government, exercise State administration of tourism within their respective localities; shall formulate documents detailing the strategies, master plans, specific plans, regimes and policies for development of tourism in conformity with local conditions; and shall take measures to ensure security, social order and safety, and a hygienic environment in tourist resorts, tourist destinations, tourist routes and tourist cities. 

Article 12 Conduct which is strictly prohibited 

1. Causing harm to national sovereignty, national interest, national defense and security, social order and safety, cultural traditions, national ethics and fine customs.

2. Construction of tourism project works which fail to comply with themaster plan as announced.

3. Causing loss and damage to tourism resources or to the tourism environment.

4. Discriminating as between tourists, gaining unlawful profit from tourists.

5. Touting for customers, coercing customers to purchase goods or services.

6. Conducting tourism business without a business licence or business registration, or conducting business outside the scope of the registered business line or scope of business.

7. Using the legal entity status of another organization or allowing others to use one's own legal entity status in order to conduct business illegally.

8. Abusing one's position and powers in order to take bribes, to harass for bribes, or to cause difficulties for organizations and individuals engaged in tourism business or for tourists. 

CHAPTER II
Tourism Resources 

Article 13 Categories of tourism resources 

1. Tourism resources comprise natural and humanist tourism resources, both  those which are currently being exploited and those which are as yet unexploited. Natural tourism resources comprise elements of geology, topography, geomorphology, climate, hydrography, ecosystems and natural landscape which are capable of being used for tourism purposes. Humanist tourism resources comprise cultural traditions, cultural factors, folk literature, historical, revolutionary, archaeological, and architectural relics, creative works by human beings, and other tangible and intangible cultural heritage which is capable of being used for tourism purposes.

2. Tourism resources may fall under the ownership of the State or may be owned by organizations and individuals. 

Article 14 Surveys of tourism resources 

The State administrative body for tourism at the central level shall preside over co-ordination with other relevant State administrative bodies and with provincial people's committees in conducting surveys, evaluation and classification of tourism resources in order to form the basis for formulation of master plans for tourism development and in order to identify and promulgate tourist resorts, tourist destinations, tourist routes and tourist cities. 

Article 15 Principles of protection, enhancement and development of tourism resources 

1. Tourism resources shall be protected in a proper manner, enhanced and exploited reasonably for effective use and sustainable development of tourism.

2. The State shall administer uniformly tourism resources throughout the whole country and shall implement policies and take measures to protect, enhance and exploit reasonably tourism resources. 

Article 16 Responsibility for administration, protection, enhancement and development of tourism resources 

1. The State administrative body for tourism at the central level and ministries, ministerial equivalent bodies and people's committees at all levels shall be responsible for administering tourism resources and for coordinating with one another in protecting, exploiting, using reasonably, and developing tourism resources.

2. State bodies, organizations and individuals owning or administering tourism resources shall be responsible for protecting, investing in and enhancing tourism resources and for creating conditions in accordance with law for tourists to visit and appreciate the merits of tourism resources.

3. Tourists, organizations and individuals engaged in tourism business and local communities shall be responsible for protecting tourism resources.

4. Organizations and individuals owning or administering tourism resources shall be responsible for coordinating with the competent State body for tourism to use and exploit tourism resources for various economic purposes, ensuring that these activities do not lessen the attractiveness of tourism resources. 

CHAPTER III
Master Plans for Development of Tourism 

Article 17 Types of master plans for development of tourism 

1. Master plans for development of tourism means master plans for the industry, comprising an overall master plan for development of tourism and specific master plans for development of tourism.

2. Overall master plans for development of tourism shall be formulated for the whole country, tourist zones, key tourist areas, provinces and cities under central authority, and national tourist resorts.

3. Specific master plans for development of tourism shall be formulated for functional areas within national tourist resorts, local tourist resorts and national tourist destinations which contain natural tourism resources.

Article 18 Principles for formulation of master plans for development of tourism 

1. Compliance with the national strategy and master plan for socio-economic development and with the strategy for development of tourism.

2. Ensuring national sovereignty, national defense and security, social order and safety.

3. Protection and development of tourism resources and the tourism environment and preservation and promotion of the national cultural identity.

4. Feasibility, balance between supply and demand in tourism.

5. Promotion of the strengths of each region and locality in order to create unique tour products for the purpose of reasonable and efficient use of tourism resources.

6. Public disclosure during the process of formulation and announcement of master plans. 

Article 19 Contents of master plans for development of tourism 

1. Overall master plans for development of tourism shall contain the following particulars:

(a) Determination of the position, role and advantages of tourism in the socio-economic development of localities, regions and the nation;

(b) Analysis and evaluation of the potential and current status of tourism resources and tourism markets and of resources for the development of tourism;

(c) Determination of the viewpoint, objectives, nature and scale of development for the area covered by the master plan; and the forecast criteria and justification for other options for tourism development;

(d) Organization of the tourism air space; and of the infrastructure and material and technical facilities for tourism;

(dd) List of prioritized areas and projects for investment; requirements for land use, investment capital and manpower in tourism;

(e) Assessment of environmental impact and solutions for protection of both tourism resources and the environment;

(g) Proposed mechanisms, policies and solutions for administration and development of tourism according to the master plan.

2. Specific master plans for development of tourism shall, in addition to the particulars stipulated in clause 1 of this article, include the following principal items:

(a) Functional areas, ground scheme, infrastructure works, material and technical facilities for tourism, and land use options;

(b) Determination of list of investment projects and investment schedules thereof;

(c) Analysis of socio-economic and environmental benefits;

(d) Recommendations on measures for administration and implementation of the detailed plan. 

Article 20 Authority to formulate, approve and issue decisions on master plans for development of tourism 

1. The State administrative body for tourism at the central level shall preside over formulation of overall master plans for development of the industry, tourist zones, key tourist areas and national tourist resorts for submission to the Prime Minister of the Government for approval in accordance with his authority.

2. Provincial people's committees shall organize formulation of overall master plans for development of tourism in provinces and cities under central authority for submission to the people's council at the same level to make a decision, after obtaining an opinion from the State administrative body for tourism at the central level. Provincial people's committees shall make decisions on specific master plans for functional areas in national tourist resorts, local tourist resorts and national tourist destinations containing natural tourism resources, after obtaining an opinion from the State administrative body for tourism at the central level.

3. The body which is authorized to approve and make a decision on any master plan for development of tourism shall also be the body authorized to approve and make a decision on any amendment of such master plan. 

Article 21 Administration and organization of implementation of master plans for development of tourism 

1. After a master plan for development of tourism has been approved and decided, the body which formulated such master plan shall be responsible to announce the plan and to provide information about the plan to the organizations and individuals concerned in order for the latter to commence implementation and to participate in supervision of implementation of the master plan.

2. The formulation and implementation of tourism development projects and projects which impact on tourism resources and any other projects related to tourism must comply with the master plan for development of tourism which has been approved and decided by the competent State body, and there must be an opinion from the competent State body for tourism.

3. Provincial people's committees shall allocate land from the land fund for tourism infrastructure, project works and material and technical facilities in tourist cities, tourist resorts and tourist destinations in accordance with master plans as approved, decided and announced; and shall not allocate or lease land to investment projects which are contrary to master plans or to investment projects with a negative impact on tourism resources and the environment.

4. All organizations and individuals shall be responsible to implement strictly the master plans for development of tourism which have been approved and decided; and shall not encroach on or use illegally any land zoned for tourism development. 

CHAPTER IV
Tourist Resorts, Tourist Destinations, Tourist Routes and Tourist Cities

SECTION 1
Tourist Resorts, Tourist Destinations and Tourist Routes

Article 22 Classification of tourist resorts, tourist destinations and tourist routes 

Tourist resorts, tourist destinations and tourist routes shall be classified at the national or local level based on their scale, attractiveness to tourists, capacity to provide services, and quality of services. 

Article 23 Conditions for recognition as tourist resort 

1. A tourist resort which satisfies all of the following conditions shall be recognized as a national tourist resort:

(a) Having especially attractive tourism resources with the advantage of natural landscape and capable of attracting large numbers of tourists;

(b) Having an area of at least one thousand (1,000) hectares, including necessary areas for construction of tourist service buildings and facilities in conformity with the landscape and environment of the tourist resort; in special cases of smaller areas, the State administrative body for tourism at the central level shall submit a proposal to the Prime Minister of the Government for his consideration and decision;

(c) Having comprehensive tourism infrastructure, material and technical facilities which are capable of providing services for at least one million (1,000,000) tourist arrivals per annum, including necessary accommodation and tourism service facilities appropriate for the special characteristics of such tourist resort.

2. A tourist resort which satisfies all of the following conditions shall be recognized as a local tourist resort:

(a) Having interesting tourism resources capable of attracting tourists;

(b) Having an area of at least two hundred (200) hectares, including necessary areas for construction of tourist service buildings and facilities;

(c) Having tourism infrastructure, material and technical facilities, and necessary accommodation and tourism service facilities appropriate for the special characteristics of such locality which are capable of providing services for at least one hundred thousand (100,000) tourist arrivals per annum. 

Article 24 Conditions for recognition as tourist destination 

1. A tourist destination which satisfies all of the following conditions shall be recognized as a national tourist destination:

(a) Having especially interesting tourism resources which satisfy the sightseeing requirements of tourists;

(b) Having the necessary tourism infrastructure and tourist service facilities which are capable of providing services for at least one hundred thousand (100,000) tourist arrivals per annum.

2. A tourist destination which satisfies all of the following conditions shall be recognized as a local tourist destination:

(a) Having interesting tourism resources which satisfy the sightseeing requirements of tourists;

(b) Having the necessary tourism infrastructure and tourist service facilities which are capable of providing services for at least fifty thousand (50,000) tourist arrivals per annum. 

Article 25 Conditions for recognition as tourist route 

1. A tourist route which satisfies all of the following conditions shall be recognized as a national tourist route:

(a) It links various tourist resorts and tourist destinations, including national, inter-regional and inter-provincial tourist resorts and tourist destinations, and is linked to international border gates;

(b) It has measures to preserve the landscape and environment and there are service establishments for tourists along the route.

2. A tourist route which satisfies all of the following conditions shall be recognized as a local tourist route:

(a) It links various tourist resorts and tourist destinations within the locality;

(b) It has measures to preserve the landscape and environment and there are service establishments for tourists along the route. 

Article 26 Application file for recognition as tourist resort, tourist destination or tourist route 

1. An application file for recognition as a tourist resort shall comprise:

(a) Written submission from the competent State body for tourism requesting recognition as a tourist resort;

(b) Report on the overall master plan or specific master plan for development of tourism, enclosing a decision from the competent State administrative body as stipulated in article 20 of this Law.

2. An application file for recognition as a tourist destination shall comprise:

(a) Written submission from the competent State body for tourism requesting recognition as a tourist destination;

(b) Explanatory document on the tourist destination proposed for recognition.

3. An application file for recognition as a tourist route shall comprise:

(a) Written submission from the competent State body for tourism requesting recognition as a tourist route;

(b) Map of the tourist route on a scale of 1/1,500,000 for a national tourist route or on a scale of 1/100,000 for a local tourist route; and explanatory document on the proposed tourist route. 

Article 27 Authority to recognize tourist resorts, tourist destinations or tourist routes 

1. The Prime Minister of the Government shall make decisions on the recognition of national tourist resorts, national tourist destinations and national tourist routes on the proposal of the State administrative body for tourism at the central level.

2. Chairmen of provincial people's committees shall make decisions on the recognition of local tourist resorts, local tourist destinations and local tourist routes on the proposal of the State administrative body for tourism at the provincial level.

3. The State administrative body for tourism at the central level shall announce national tourist resorts, national tourist destinations and national tourist routes after there is a decision on their recognition. Provincial people's committees shall announce local tourist resorts, local tourist destinations and local tourist routes after there is a decision on their recognition. 

Article 28 Management of tourist resorts 

1. The contents of management of tourist resorts shall comprise:

(a) Management of the work of master planning for and investment in development;

(b) Management of business service activities;

(c) Protection of tourism resources and ensuring environmental hygiene and social order and safety;

(d) Implementation of other relevant laws.

2. Management of tourist resorts shall be regulated as follows:

(a) A management board must be established for a tourist resort, except where a tourist resort is assigned to an investor being an enterprise in which case the investor shall be responsible to manage the tourist resort in accordance with the items stipulated in clause 1 of this article;

(b) Chairmen of provincial people's committees shall make decisions on the establishment of the management board of any tourist resort located within the administrative boundaries of their province. Where a tourist resort is located within the administrative boundaries of two or more provinces and cities under central authority, the chairman of the people's committee of each province or city shall establish a management board of the tourist resort within the administrative boundary

of the province or city administered by such people's committee. Management boards shall co-ordinate their activities in accordance with the regulations on management of tourist resorts issued by the State administrative body for tourism at the central level and the overall master plan for development of tourist resorts as approved by the competent State body. Where a tourist resort is associated with an area endowed with natural tourism resources or historical and cultural relics for which a specialized management board has been established, the management board of the tourist resort must include a representative from the specialized management board.

3. In the case of a tourist resort with tourism resources which are managed by another State body by way of a specialized management board, such specialized management board shall be responsible to co-ordinate with the management board of the tourist resort in order to facilitate the reasonable exploitation and use of the tourism resources for visitors and tourists. 

Article 29 Management of tourist destinations 

Ministries and ministerial equivalent bodies in charge of State administration of natural resources and provincial people committees shall regulate the form of organization of management of tourist destinations based on the scale and characteristics of any one tourist destination, ensuring the following matters:

1. Protection and development of tourism resources, ensuring an hygienic environment.

2. Creation of favourable conditions for sightseeing visits by tourists.

3. Ensuring participation by local communities in tourism activities.

4. Maintaining social security, order and safety; and ensuring the safety of tourists. 

Article 30 Management of tourist routes 

Provincial people's committees shall, within the scope of their respective duties and powers, co-ordinate with the Ministry of Transport and Communications in managing local tourist routes and the section of national tourist routes within the territory of the respective provinces and cities under central authority, ensuring the following matters:

1. Protection of social security, order and safety and of the landscape and environment along the tourist routes.

2. Creation of favourable conditions for traffic circulation by specialized means of tourist transportation.

3. Management of investment and construction of tourist service facilities along the tourist routes in accordance with master plans approved and decided by the competent State bodies.

SECTION 2
Tourist Cities 

Article 31 Conditions for recognition as tourist city 

A city which satisfies all of the following conditions shall be recognized as a tourist city:

1. Having interesting tourism resources within the boundary of the city, or within the boundary of the city and adjacent areas.

2. Having comprehensive tourism infrastructure, material and technical facilities; satisfying the diverse requirements of tourists; and having a labour structure suitable for the requirements for development of tourism.

3. The tourism industry plays an important role in the economic structure and achieves the ratio of tourism revenue over total services revenue stipulated by the Government. 

Article 32 Application files, procedures and authority for recognition as tourist city 

1. An application file for recognition as a tourist city shall comprise:

(a) Written request for recognition as a tourist resort from a provincial people's committee for submission to the Prime Minister of the Government;

(b) Copy of the overall master plan for development of tourism in the province or city under central authority;

(c) Proposal for recognition as a tourist city made in accordance with the conditions stipulated in article 31 of this Law.

2. The provincial people's committee shall submit the application file for recognition as a tourist city to the Prime Minister of the Government and shall send copies to the Ministry of Construction and to the State administrative body for tourism at the central level.

The Ministry of Construction shall preside over co-ordination with the State administrative body for tourism at the central level and other relevant bodies in evaluating the application file and shall submit the evaluation to the Prime Minister.

3. The Prime Minister of the Government shall consider and make a decision on the recognition of a tourist city; and the State administrative body for tourism at the central level shall announce such decision. 

Article 33 Management of development of tourist cities 

1. Management of development of tourist cities must ensure the following matters:

(a) Management of the construction master plan of the tourist city in conformity with the orientation for development of tourism as approved by the competent State administrative body;

(b) Management of investment projects for development of tourism in conformity with the approved master plan;

(c) Protection of tourism resources, landscape and environment; ensuring security, social order and safety;

(d) Ensuring quality of the goods and services provided to tourists;

(dd) Co-ordination of all resources of the city for the purpose of servicing the objectives of development of tourism.

2. The provincial people's committee in which a tourist city is located shall formulate regulations on the management of the tourist city and shall submit them to the Prime Minister of the Government for promulgation.

These regulations must conform with the requirements for protection of tourism resources, landscape and environment and with the orientation for development of tourism in such city. 

CHAPTER V
Tourists 

Article 34 Tourists

1. Tourists comprise domestic tourists and international tourists.

2. Domestic tourist means a Vietnamese citizen or a foreign person permanently residing in Vietnam who travels for tourism purposes within the territory of Vietnam.

3. International tourist means a foreign person or a Vietnamese residing overseas who visits Vietnam for tourism purposes, or a Vietnamese citizen or foreign person permanently residing in Vietnam who travels abroad for tourism purposes. 

Article 35 Rights of tourists 

1. To select the form of travel either as an individual or in a group; to select a part or the whole of a tour program or tourist services provided by any organization or individual engaged in tourism business.

2. To request organizations and individuals engaged in tourism business to supply essential information on their tour programs and tourist services.

3. To be facilitated in the conduct of procedures for entry, exit and transit, customs and temporary residence; to be permitted to travel within the territory of Vietnam, except in prohibited areas, for sightseeing and tourism purposes.

4. To enjoy all tourist services in accordance with contracts between tourists and organizations and individuals engaged in tourism business; to be covered by tourism insurance and other types of insurance in accordance with law.

5. To be granted equal treatment; to request organizations and individuals engaged in tourism business to take measures to ensure the safety of the lives, health and property of the tourists during their use of tourism services; to be provided with relief and rescue in cases of emergency during their travel within the territory of Vietnam.

6. To be compensated in accordance with law for loss and damage caused by the fault of any organization or individual engaged in tourism business.

7. To lodge a complaint or denunciation or to institute proceedings regarding any act in breach of the law on tourism. 

Article 36 Obligations of tourists 

1. To comply with the law of Vietnam on security, social order and safety; to respect and preserve the natural landscape, places of scenic beauty, the environment, tourism resources, and the traditional fine customs and practices at places being tourist destinations.

2. To abide by the rules and regulations of tourist resorts, tourist destinations, tourist cities and tourist accommodation establishments.

3. To pay services charges in accordance with contracts and other fees and charges in accordance with law.

4. To compensate in accordance with law for loss and damage to any organization or individual engaged in tourism business arising due to the fault of the tourist. 

Article 37 Ensuring safety of tourists 

1. State bodies shall, within the scope of their respective duties and powers, be responsible to take necessary measures to prevent risks to tourists and to ensure the safety of the lives, health and property of tourists and to prevent conduct aimed at gaining unlawful profit from tourists.

2. In cases of emergency, the competent State bodies shall take prompt and necessary relief and rescue measures in order to minimize loss and damage to tourists.

3. Tourist resorts, tourist destinations and tourist cities shall take preventive measures against risks and shall organize units to guard tourists and to provide relief, rescue and emergency aid to tourists.

4. Organizations and individuals engaged in tourism business shall be responsible to inform tourists of any emergency situation, epidemic or other danger to tourists; and to take necessary measures and to co-ordinate with the relevant bodies in providing relief, rescue and emergency aid to tourists. 

CHAPTER VI
Tourism Business 

SECTION 1
General Provisions on Tourism Business 

Article 38 Tourism business lines 

Tourism business means a service business and comprises the following lines:

1. Travel business.

2. Tourist accommodation business.

3. Tourist transportation business.

4. Business of development of tourist resorts and tourist destinations.

5. Business in other tourist services. 

Article 39 Rights of organizations and individuals engaged in tourism business

1. To select tourism business lines and to register for one or more tourism business lines.

2. To be protected by the State in the conduct of lawful tourism business activities.

3. To organize and take part in tourism promotion activities and to be included in the general advertising list of the tourism industry.

4. To join domestic and international tourism associations and professional organizations. 

Article 40 Obligations of organizations and individuals engaged in tourism business 

1. To establish enterprises and to register for tourism business in accordance with law.

2. To conduct tourism business in accordance with the provisions stipulated in business registration certificates or tourism business licenses as applicable to business lines which must be licensed.

3. To provide written notice to the competent State body for tourism regarding the time of commencement of business or of any change in the contents of business registration certificates or tourism business licenses.

4. To disclose publicly and clearly the details regarding the quantity, quality and price of goods and services to be supplied to tourists; to discharge all obligations to tourists as undertaken and to compensate for loss and damage caused to tourists due to the fault of such organization or individual.

5. To take measures to ensure the safety of the lives, health and property of tourists; to inform promptly the competent bodies of any accident or of any risk which may occur or of any danger to tourists.

6. To comply with the regimes on reporting, statistics, and archiving of files and data in accordance with law. 

Article 41 Overseas branches and representative offices of Vietnamese tourist enterprises 

The establishment of overseas branches and representative offices of Vietnamese tourist enterprises shall be implemented in accordance with the law of Vietnam, with the law of the host country, and with international treaties of which the Socialist Republic of Vietnam is a member.

Any Vietnamese tourist enterprise which has a branch or representative office overseas shall be responsible before the law of Vietnam and before the law of the host country for the operation of such branch or representative office. 

Article 42 Branches and representative offices of foreign tourist enterprises in Vietnam 

The establishment and operation of branches and representative offices of foreign tourist enterprises in Vietnam shall be implemented in accordance with regulations of the Government. 

SECTION 2
Travel Business 

Article 43 Travel business enterprises 

1. Any organization or individual wishing to conduct travel business must establish an enterprise.

2. Travel business enterprises shall comprise domestic travel business enterprises and international travel business enterprises.

3. International travel business enterprises shall be permitted to conduct domestic travel business. Domestic travel business enterprises shall not be permitted to conduct international travel business. 

Article 44 Conditions for conducting domestic travel business 

1. Having business registration for domestic travel business at a competent business registration office.

2. Having a business plan for domestic tourist operations and having tour programs prepared for domestic tourists.

3. Managerial personnel in domestic travel business operations must have at least three years experience in the travel business sector. 

Article 45 Rights and obligations of enterprises conducting domestic travel business 

In addition to the rights and obligations of organizations and individuals engaged in tourism business as stipulated in articles 39 and 40 of this Law, enterprises conducting domestic travel business shall have the following rights and obligations:

1. To formulate tour programs for domestic tourists; and to advertise, sell and implement such tour programs.

2. To purchase tourism insurance for domestic tourists during the period of their tour when the tourists so request.

3. To comply with, to disseminate and to guide tourists to comply with the laws and regulations of the State on security, social order and safety, cultural traditions, national ethics and fine customs and the rules at places being tourist destinations.

4. To employ tourist guides to accompany tourists when the tourists so request; to be responsible for the activities of tourist guides in accordance with their contracts with the enterprise during the period they act as guides. 

Article 46 Conditions for conducting international travel business 

1. Having an international travel business licence issued by the State administrative body for tourism at the central level.

2. Having a business plan for travel business operations; having tour programs prepared for international tourists within the scope of business stipulated in clause 1 of article 47 of this Law.

3. Managerial personnel in international travel business operations must have at least four years experience in the travel business sector.

4. Having at least three tourist guides who have been issued with international tourist guide cards.

5. Having lodged the security deposit as stipulated in the regulations of the Government. 

Article 47 International travel business licences 

1. International travel business licences shall be issued according to the scope of business, comprising:

(a) Travel business for inbound tourists into Vietnam;

(b) Travel business for outbound tourists travelling abroad;

(c) Travel business for inbound tourists into Vietnam and for outbound tourists travelling abroad.

2. International travel business licences shall not be issued in the following cases:

(a) An enterprise has been dealt with administratively for conducting unlawful travel business activities within a period up to twelve (12) months prior to the date on which it applies for a licence;

(b) An enterprise has had its international travel business licence withdrawn within a period up to twelve (12) months prior to the date on which it applies for re-issuance of a licence.

3. International travel business licences shall be withdrawn in the following cases:

(a) An enterprise terminates its operations;

(b) An enterprise does not conduct any international travel business activities for eighteen (18) consecutive months;

(c) An enterprise commits a serious breach of this Law;

(d) An enterprise commits a breach for which the law stipulates the licence of the enterprise shall be withdrawn.

4. The collection and payment of fees for issuance of international travel business licences shall be implemented in accordance with the law on fees and charges. 

Article 48 Application files and procedures for issuance of international travel business licences

1. An application file for issuance of an international travel business licence shall comprise:

(a) Request for issuance of an international travel business licence;

(b) Copies of business registration certificate, business plan for international travel business operations, papers proving the operational experience of managerial personnel of the business, copies of tourist guide cards and of labour contracts between tourist guides and the enterprise, and certificate of security deposit payment.

2. Procedures for issuance of an international travel business licence shall be regulated as follows:

(a) The enterprise shall submit the application file for issuance of a licence to the State administrative body for tourism at the provincial level for the place where the enterprise has its head office;

(b) Within ten (10) working days from the date of receipt of a valid file, the State administrative body for tourism shall complete its evaluation and forward a proposal together with the file to the State administrative body for tourism at the central level for consideration and issuance of a licence; in the case of failure to satisfy the criteria for issuance of a licence, the State administrative body for tourism at the provincial level shall issue a written reply to the enterprise, specifying the reasons therefor;

(c) Within ten (10) working days from the date of receipt of the file and proposal from the State administrative body for tourism at the provincial level, the State administrative body for tourism at the central level shall consider the application and issue an international travel business licence to the enterprise; in the case of refusal, it shall issue a written reply to the State administrative body for tourism at the provincial level and to the enterprise, specifying the reasons therefor. 

Article 49 Change of international travel business licence 

1. An international travel business licence must be changed in the following cases:

(a) Change of scope of international travel business;

(b) Change of legal representative of the enterprise;

(c) Change of name, transaction name or abbreviated name of the enterprise;

(d) Change of form of the enterprise.

2. An application file for change of an international travel business licence shall comprise:

(a) Request to change the international travel business licence;

(b) International travel business licence already issued;

(c) Documents relating to the change as stipulated in clause 1 of this article.

3. Procedures for change of an international travel business licence shall be regulated as follows:

(a) Within thirty (30) days from the date of the change in one of the items stipulated in clause 1 of this article, the enterprise shall submit an application file for change of its international travel business licence to the State administrative body for tourism at the central level;

(b) Within fifteen (15) working days from the date of receipt of a valid file as stipulated in clause 2 of this article, the State administrative body for tourism at the central level shall be responsible to consider the application and change the international travel business licence for the enterprise and notify the State administrative body for tourism at the provincial level for its information. 

Article 50 Rights and obligations of enterprises conducting international travel business

In addition to the rights and obligations of organizations and individuals engaged in tourism business as stipulated in articles 39 and 40 of this Law, enterprises conducting international travel business shall have the following rights and obligations:

1. Travel business for inbound tourists into Vietnam:

(a) To formulate tour programs for inbound tourists into Vietnam and for domestic tourists; and to advertise, sell and implement such tour programs;

(b) To assist tourists in the conduct of procedures for entry, exit and transit and for customs;

(c) To comply with, to disseminate, and to guide tourists to comply with the laws and regulations of the State on security, social order and safety, cultural traditions, national ethics and fine customs and the rules at places being tourist destinations;

(d) To employ tourist guides to accompany foreign tourists; to be responsible for the activities of tourist guides in accordance with their contracts with the enterprise during the period they act as guides.

2. Travel business for outbound tourists travelling abroad:

(a) To formulate tour programs for outbound tourists travelling abroad and for domestic tourists; and to advertise, sell and implement such tour programs;

(b) To purchase tourism insurance for Vietnamese tourists travelling abroad during the period of their tour;

(c) To assist tourists in the conduct of procedures for entry, exit and transit and for customs;

(d) To comply with, to disseminate, and to guide tourists to comply with the laws and regulations of the countries they visit;

(dd) To be responsible for managing tourists in accordance with the tour program signed with them. 

Article 51 Enterprises with foreign owned capital conducting travel business 

1. Foreign enterprises shall be permitted to conduct travel business in Vietnam in the form of a joint venture or other forms in accordance with the provisions of and the specific schedules stipulated in international treaties of which the Socialist Republic of Vietnam is a member.

In the case of a joint venture, it must be a joint venture with a Vietnamese enterprise which has an international travel business licence.

2. Enterprises with foreign owned capital which conduct travel business must satisfy the conditions on international travel business stipulated in clauses 2, 3, 4 and 5 of article 46 of this Law; and they shall have the rights and obligations of enterprises conducting international travel business stipulated in articles 39, 40 and 50 of this Law consistent with the scope of international travel business stipulated in their investment licences. 

Article 52 Contracts for travel 

1. Contract for travel means an agreement between an enterprise conducting travel business and a tourist or his or her representative for the performance of a tour program.

2. Contracts for travel must be made in writing.

3. In addition to the contents of a contract as required by the civil law, a contract for travel shall contain the following particulars:

(a) Description of the quantity, quality, time, and method of provision of services set out in the tour program;

(b) Clause on exemption of liability for events of force majeure;

(c) Conditions on financial responsibility and liability for any change of, addition to and cancellation of the contract;

(d) Clause on insurance for the tourist.

4. When a tourist purchases a tour program through a travel agent, the contract for travel shall be a contract between the tourist and the principal enterprise and must state the name and address of the travel agent. 

Article 53 Conditions for conducting travel agency business 

1. Travel agency business means an organization or individual sells on commission a tour program designed by an enterprise conducting travel business to a tourist. Travel agents shall not be permitted to operate tours.

2. Organizations and individuals conducting travel agency business must satisfy the following conditions:

(a) Having business registration for travel agency business at a competent business registration office;

(b) Having a contract of agency signed with an enterprise conducting travel business. 

Article 54 Contracts of travel agency 

1. A contract of travel agency must be made in writing between a principal being an enterprise conducting travel business and a travel agent being an individual or organization satisfying the condition stipulated in clause 2(a) of article 53 of this Law.

2. A contract of travel agency shall contain the following main items:

(a) Names and addresses of the principal and agent;

(b) Tour programs and prices of tour programs to be assigned to the agent;

(c) Rate of agency commission and timing of payment by the principal to the agent;

(d) Duration of effectiveness of the contract. 

Article 55 Responsibilities of principals of travel agents 

1. To check and supervise the performance of the contract by the agent.

2. To operate the tour programs which are sold by the travel agent; to be liable to tourists for tour programs sold by the travel agent.

3. To provide the travel agent with guidelines and information relating to the tour programs. 

Article 56 Responsibilities of travel agents 

1. Not to copy in any form the tour programs of their principal.

2. To formulate and retain files on the tour programs sold to tourists.

3. Not to sell tour programs at prices higher than the price offered by their principal.

4. To display a travel agency signboard at an easily accessible position at the office of the agent.

5. To provide notice of the time of commencement of business to the State administrative body for tourism at the provincial level. 

SECTION 3
Tourist Transportation Business 

Article 57 Tourist transportation business 

1. Tourist transportation business means the provision of transportation services for tourists along tourist routes in accordance with a tour program and at tourist resorts, tourist destinations and tourist cities.

2. Organizations and individuals engaged in tourist transportation business must have business registration and must satisfy the conditions stipulated by law for conducting the business of carriage of passengers. 

Article 58 Conditions for conducting tourist transportation business 

1. Having specialized means of tourist transportation which satisfy the standards and having an individual logo which was issued pursuant to article 59 of this Law.

2. Employing drivers and other service staff on the specialized means of transportation who have professional qualifications, who are physically fit and who have been trained in tourism services.

3. Taking measures to ensure the safety of the lives, health and property of tourists during the process of transportation; and having passenger insurance for tourists on board the means of transportation. 

Article 59 Issuance of logos for specialized means of tourist transportation 

1. Specialized means of tourist transportation must satisfy the standards on technical safety, environmental protection and service quality; and they must have been issued with an individual logo in the standard uniform form issued by the Ministry of Transport and Communications after consultation with the State administrative body for tourism at the central level.

2. The Ministry of Transport and Communications shall organize the issuance of individual logos for specialized means of tourist transportation after obtaining the opinion of the State administrative body for tourism at the central level.

3. Means of tourist transportation with individual logos shall be given priority in places to stop and park in order to collect and discharge tourists at bus stations, railway stations, airports, seaports, tourist resorts, tourist destinations and tourist accommodation establishments. 

Article 60 Rights and obligations of organizations and individuals engaged in tourist transportation business 

In addition to the rights and obligations of organizations and individuals engaged in tourism business as stipulated in articles 39 and 40 of this Law, organizations and individuals engaged in tourist transportation business shall have the following rights and obligations:

1. To select means of tourist transportation.

2. To transport tourists along tourist routes pursuant to contracts signed with tourists or with travel business enterprises.

3. To ensure that the conditions stipulated in article 58 of this Law are satisfied during the process of conducting business.

4. To purchase passenger insurance for tourists on board the means of tourist transportation.

5. To display the logo of a specialized means of tourist transportation in an easily accessible position on such means of transportation. 

SECTION 4
Tourist Accommodation Business 

Article 61 Organizations and individuals engaged in tourist accommodation business 

1. Organizations and individuals satisfying all of the conditions stipulated in article 64 of this Law shall be permitted to conduct tourist accommodation business.

2. Individuals and organizations may conduct tourist accommodation business at one or more tourist accommodation establishments concurrently. 

Article 62 Types of tourist accommodation establishments 

Tourist accommodation establishments shall comprise:

1. Hotels.

2. Tourist villages.

3. Tourist villas.

4. Tourist apartments.

5. Tourist campsites.

6. Tourist guest houses.

7. Houses with rooms for rent to tourists.

8. Other tourist accommodation. 

Article 63 Classification of tourist accommodation establishments 

1. The tourist accommodation establishments stipulated in article 62 of this Law shall be classified according to quality standards as follows:

(a) Hotels and tourist villages shall be classified in five categories, namely "1 star", "2 star", "3 star", "4 star" and "5 star";

(b) Tourist villas and tourist apartments shall be classified in two business standard categories, namely "standard" and "high standard";

(c) Tourist campsites, tourist guest houses, houses with rooms for rent to tourists and other tourist accommodation establishments shall be classified in one category as satisfying the standard on tourist accommodation business.

2. The State administrative body for tourism at the central level shall promulgate the criteria for classifying tourist accommodation establishments, which criteria shall be applicable uniformly nationwide.

3. The State administrative body for tourism at the central level shall appraise and classify "3 star", "4 star" and "5 star" hotels and tourist villages and shall appraise and classify tourist villas and tourist apartments in the "high standard" category.

State administrative bodies for tourism at the provincial level shall appraise and classify "1 star" and "2 star" hotels and tourist villages; shall appraise and classify tourist villas and tourist apartments in the "standard" business category; and shall appraise and classify campsites, tourist guest houses, houses with rooms for rent to tourists and other tourist accommodation establishments in the "standard" business category.

4. The collection, payment and use of fees for classification of tourist accommodation establishments shall be implemented in accordance with the law on fees and charges.

5. Every three years after having been classified, a tourist accommodation establishment shall be re-appraised for recognition of its appropriate classification depending on the status of its current physical facilities and services. 

Article 64 Conditions for conducting tourist accommodation business 

Organizations and individuals must satisfy all of the following conditions in order to conduct tourist accommodation business:

1. General conditions:

(a) Having business registration for tourist accommodation business;

(b) Taking measures to ensure security and order, hygienic environment, safety, fire prevention and fire fighting in accordance with the law on tourist accommodation establishments.

2. Specific conditions:

(a) Hotels and tourist villages must satisfy the minimum standards stipulated for each type and grade of establishment on construction, facilities and equipment, services, and professional and foreign language skills of managerial and service staff;

(b) Tourist villas and tourist apartments must satisfy the minimum standards stipulated for each type and grade of establishment on facilities, equipment and services;

(c) Tourist campsites, tourist guest houses, houses with rooms for rent to tourists and other tourist accommodation establishments must satisfy the minimum standards stipulated on facilities. 

Article 65 Registration of classification of tourist accommodation establishments 

1. Within three months from the date of commencement of business operations, the owner of a tourist accommodation establishment must submit a file applying for registration of classification of such tourist accommodation establishment to the competent State body for tourism in order for the latter to appraise and classify the establishment.

2. The State administrative body for tourism at the central level shall issue regulations on procedures and application files for classification of tourist accommodation establishments. 

Article 66 Rights and obligations of organizations and individuals conducting tourist accommodation business 

1. In addition to the rights stipulated in article 39 of this Law, organizations and individuals conducting tourist accommodation business shall have the following rights:

(a) To hire domestic or foreign organizations and individuals to manage, operate and work in the tourist accommodation establishment;

(b) To issue internal rules and regulations of the tourist accommodation establishment;

(c) To refuse to receive tourists or to cancel accommodation contracts of tourists who breach the law or the internal rules and regulations of the tourist accommodation establishment, or where the establishment is no longer capable of satisfying the needs of a tourist or where the needs of a tourist exceed the capability of the establishment;

(d) To select types of services and products not contrary to law in order to trade such services and products at the tourist accommodation establishment.

2. In addition to the obligations stipulated in article 40 of this Law, organizations and individuals conducting tourist accommodation business shall have the following obligations:

(a) To comply with the law on tourist accommodation business activities and to conduct business operations strictly in accordance with the line of business as registered;

(b) To display the name, type and class of the tourist accommodation establishment as recognized and only to advertise that the tourist accommodation establishment is of the type and class recognized by the competent State body for tourism;

(c) To list publicly the sale prices of goods and services and the internal rules and regulations of the tourist accommodation establishment in Vietnamese and in a foreign language; to inform tourists clearly of any sale promotion campaigns being offered by the tourist accommodation establishment in any one period of time;

(d) To guarantee the quality and stability of services and facilities and to maintain the standards of the tourist accommodation establishment stipulated for the appropriate type and class of establishment as recognized by the competent State body for tourism;

(dd) To take measures to ensure hygienic environment, hygiene and safety of foodstuffs, and safety of equipment; to comply strictly with regulations on fire prevention and fire fighting; and to ensure the safety of the lives, health and property of tourists;

(e) To implement strictly the regulations of the State administrative body for health in the case of detection that a tourist has an infectious disease;

(g) To declare the temporary stay of tourists as required by law;

(h) To compensate tourists for loss and damage caused due to the fault of the tourist accommodation business.

3. The types of tourist accommodation establishment stipulated in clauses 1, 2, 3 and 4 of article 62 of this Law which have been classified with one of more stars or as high standard shall not be required to obtain business licences to conduct business in each type of goods and services on the list of goods and services for which business is subject to conditions, but they must register with the competent State body before conducting business in such goods and services. 

SECTION 5
Business of Development of Tourist Resorts and Tourist Destinations 

Article 67 Business of development of tourist resorts and tourist destinations 

1. Business in development of tourist resorts and tourist destinations shall include investment in conserving and upgrading existing tourism resources; exploitation of potential tourism resources; development of new tourist resorts and tourist destinations; construction and commercial operation of tourism infrastructure, material and technical facilities.

2. Organizations and individuals conducting business in development of tourist resorts and tourist destinations shall formulate projects in accordance with the master plan for development of tourism and shall submit their projects to the competent State body for approval.

3. Procedures for approval of projects shall be implemented in accordance with the law on investment and other relevant laws. 

Article 68 Rights and obligations of organizations and individuals conducting business of development of tourist resorts and tourist destinations 

In addition to the rights and obligations stipulated in articles 39 and 40 of this Law, organizations and individuals engaged in business of development of tourist resorts and tourist destinations shall have the following rights and obligations:

1. To be granted investment incentives and to be allocated land with tourism resources suitable for the projects approved by competent State bodies in accordance with law.

2. To collect charges in accordance with the law on fees and charges.

3. To manage and protect tourism resources and the environment; to ensure security, social order and safety.

4. To manage services businesses in accordance with this Law and other relevant laws. 

SECTION 6
Tourist Services Businesses in Tourist Resorts, Tourist Destinations and Tourist Cities 

Article 69 Tourist services businesses in tourist resorts, tourist destinations and tourist cities 

Tourist services businesses in tourist resorts, tourist destinations and tourist cities shall comprise travel businesses, tourist accommodation businesses, tourist transportation businesses, restaurants, shops, sports and entertainment, information and other services catering for tourists. 

Article 70 Issuance of signboards certifying satisfaction of tourist service standards 

1. The State administrative body for tourism at the central level shall regulate the criteria and sample form for signboards certifying satisfaction of tourist service standards to be issued to establishments conducting business in tourist resorts, tourist destinations and tourist cities.

2. State administrative bodies for tourism at the provincial level shall appraise and issue signboards of satisfaction of tourist service standards to establishments which provide tourist services in tourist resorts, tourist spots and tourist cities under their administration. 

Article 71 Rights and obligations of organizations and individuals conducting tourist services businesses in tourist resorts, tourist destinations and tourist cities 

1. Organizations and individuals conducting travel businesses, tourist accommodation businesses and tourist transportation businesses shall have the rights and obligations stipulated in articles 39 and 40 and the rights and obligations stipulated in articles 45, 50, 60 and 66 of this Law.

2. Organizations and individuals conducting tourist services businesses other than those stipulated in clause 1 of this article in tourist resorts, tourist destinations and tourist cities shall, in addition to the rights and obligations stipulated in articles 39 and 40 of this Law, have the following rights and obligations:

(a) To erect signboards certifying satisfaction of tourist service standards;

(b) To be selected by travel business enterprises to provide goods and services for the clients thereof;

(c) To ensure they maintain tourist service standards throughout the course of conducting business;

(d) To comply with the regulations of tourist resorts, tourist destinations and tourist cities as issued by competent bodies. 

CHAPTER VII
Tourist Guiding 

Article 72 Tourists guides, tourist guide cards 

1. Tourists guides shall comprise guides for domestic tourists and guides for international tourists.

International tourist guides shall be permitted to guide both international tourists and domestic tourists; domestic tourist guides shall be permitted to guide domestic tourists who are Vietnamese but not domestic tourists who are foreign persons.

2. Tourist guide cards shall comprise domestic tourist guide cards and international tourist guide cards. Tourist guide cards shall be valid for three years and shall be effective nationwide. 

Article 73 Conditions for practising as tourist guide and criteria for issuance of tourist guide cards 

1. Tourist guides shall be permitted to practise after they have obtained a tourist guide card and signed a contract with a travel business enterprise.

2. Any person who satisfies fully the following criteria shall be issued with a domestic tourist guide card:

(a) Having Vietnamese nationality, permanently residing in Vietnam and having full capacity for civil acts;

(b) Not suffering from any infectious disease and not using any addictive substance;

(c) Having a secondary school level or higher specialized qualification in tourist guiding; or, if the person has graduated in another discipline, having a certificate of professional training as a tourist guide issued by an authorized training establishment.

3. Any person who satisfies fully the following criteria shall be issued with an international tourist guide card:

(a) Having Vietnamese nationality, permanently residing in Vietnam and having full capacity for civil acts;

(b) Not suffering from any infectious disease and not using any addictive substance;

(c) Having a bachelor degree or higher specialized qualification in tourist guiding; or, if the person is a university graduate in another discipline, having a certificate of professional training as a tourist guide issued by an authorized training establishment;

(d) Having a good command of at least one foreign language. 

Article 74 Issuance of tourist guide cards 

1. An application file for issuance of a tourist guide card shall comprise:

(a) Application for a tourist guide card;

(b) Curriculum vitae certified by the people's committee of the commune, ward or township where the applicant resides or by the agency where the applicant works;

(c) Copies of the documents stipulated in clause 2(c) of article 73 of this Law in the case of applicants for a domestic tourist guide card or in clause 3(c) and 3(d) of article 73 of this Law in the case of applicants for an international tourist guide card;

(d) Health certificate issued by the competent health establishment within three months prior to the date of submission of the application;

(dd) Two portrait photos (size 4 x 6 cm) taken within three months prior to the date of submission of the application.

2. Within fifteen (15) days from the date of receipt of a complete application file, the State administrative body for tourism at the provincial level shall be responsible to examine the file and to issue a tourist guide card to the applicant; in the case of refusal, such body shall provide a written reply to the applicant, specifying the reasons for refusal.

3. State administrative bodies for tourism at the provincial level shall organize the issuance of international tourist guide cards and domestic tourist guide cards in the sample form as regulated by the State administrative body for tourism at the central level. 

Article 75 Renewal, re-issuance and revocation of tourist guide cards 

1. Renewal of tourist guide cards shall be regulated as follows:

(a) At least thirty (30) days prior to the date on which a tourist guide card expires, a tourist guide must conduct procedures applying for a new card;

(b) An application file for renewal of a tourist guide card shall comprise an application for a new card; a certificate of having

passed a periodic refresher training course in tour guiding skills issued by the competent State body for tourism; and a copy of the old tourist guide card;

(c) The applicant for renewal of a tourist guide card shall submit the file to the State administrative body for tourism at the provincial level.

2. The re-issuance of tourist guide cards shall be regulated as follows:

(a) Tourist guide cards may be re-issued in the case where a card is lost or damaged;

(b) An applicant for re-issuance of a tourist guide card shall submit to the State administrative body for tourism at the provincial level a file comprising an application for re-issuance of the card, certification that the card has been lost or was damaged, and two photos as stipulated in clause 1 of article 74 of this Law.

3. Within fifteen (15) days from the date of receipt of a complete application file, the State administrative body for tourism at the provincial level shall be responsible to examine the file and to renew or re-issue the tourist guide card to the applicant; in the case of refusal, such body shall provide a written reply to the applicant, specifying the reasons for refusal.

4. The withdrawal of tourist guide cards shall be regulated as follows:

(a) Tourist guides shall have their cards withdrawn if they breach any of the provisions of article 77 of this Law;

(b) Tourist guides whose cards are withdrawn shall only be considered for re-issuance of a card after a period of six months has elapsed following the date of withdrawal of the card. The procedures and application file for issuance of a tourist guide card to a guide who has had his or her card withdrawn shall be the same as in the case of issuance of cards to new tourist guides. 

Article 76 Rights and obligations of tourist guides 

1. Tourist guides shall have the following rights:

(a) To guide tourists pursuant to the duties assigned or pursuant to a contract signed with a travel business enterprise;

(b) To join tourist guide associations and professional organizations;

(c) To receive wages and remuneration pursuant to a contract signed with a travel business enterprise;

(d) To sit for exams for the recruitment of tourist guides and for accreditation of the professional ranking of a tourist guide;

(dd) In cases of emergency or events of force majeure, tourist guides shall have the right to change tour programs and the standard of service provided to tourists, but they must inform the authorized person thereof as soon as conditions permit, and they shall be liable for their decisions.

2. Tourist guides shall have the following obligations:

(a) To comply with and to instruct tourists to comply with the law of Vietnam and the internal rules and regulations at places which tourists visit and to respect local customs and practices;

(b) To provide tourists with information about tour programs and itineraries and about the lawful interests of tourists;

(c) To guide tourists correctly in accordance with tour programs; to be civilized, whole-hearted and caring towards tourists; and if tourists request a detour from a programmed route, to report same to the competent person for decision;

(d) To be responsible for ensuring the safety of the lives, health and property of tourists;

(dd) To operate within the scope stipulated in clause 1 of article 72 of this Law; to wear their tourist guide card while working as a tourist guide;

(e) To participate in periodic training courses for tourist guides as organized by the competent State body;

(g) To compensate tourists and travel business enterprises for loss and damage arising due to the fault of the tourist guide. 

Article 77 Prohibited acts of tourist guides 

1. Provision of information detrimental to national sovereignty, defence and security, social order and safety.

2. Conduct adversely affecting the image, traditions, ethics and fine customs of Vietnam; conduct misrepresenting the historical and cultural values of Vietnam.

3. Taking tourists into restricted areas.

4. Gaining unlawful profit from tourists; coercing customers to purchase goods and services.

5. Changing arbitrarily tour programs; reducing the standard of services provided to tourists.

6. Discriminating as between tourists.

7. Lending a tourist guide card to another person, using the tourist guide card of another person, or using a tourist guide card which has expired. 

Article 78 Commentators 

1. Commentator means a person who delivers a commentary on site to tourists at a tourist resort or tourist destination.

2. Commentators must have good knowledge of a tourist resort or tourist destination, must have communication skills with tourists, and must be people who behave in a civilized manner.

3. The competent State body in charge of tourist resorts and tourist destinations shall provide regulations on professional training for commentators, on the skills required by commentators, on the criteria which commentators must satisfy, and on the issuance and withdrawal of commentator certificates. 

CHAPTER VIII
Tourism Promotion 

Article 79 Contents of tourism promotion

The State shall organize and guide tourism promotion activities with the following main tasks:

1. To disseminate and to introduce both to Vietnamese citizens and to the international community information on the country and people of Vietnam, its beautiful landscape and its historical, revolutionary and cultural relics, and information on the creative works and national cultural identity of Vietnam.

2. To improve social awareness of tourism and to create a civilized, healthy and safe tourism environment which reflects the Vietnamese tradition of hospitality.

3. To mobilize resources for investment in tourist cities, tourist resorts and tourist destinations in order to make them diversified, unique, high quality and deeply imbued with the national cultural identity in all localities and regions and throughout the whole country; to develop tourism infrastructure and material and technical facilities and to diversify and improve the quality of tourism services.

4. To conduct research into tourist markets and to develop tour products which satisfy the requirements of tourists; to disseminate and introduce tour products. 

Article 80 Policies on tourism promotion 

1. The State shall issue regulations providing for co-ordination between the State administrative body for tourism at the central level and State administrative bodies for tourism at lower levels and the organizations and individuals engaged in tourism business in carrying out tourism information, advertising and promotion activities.

2. Ministries, branches and media agencies shall, within the scope of their respective duties and powers, be responsible to co-ordinate with the State administrative body for tourism at the central level in carrying out tourism information, advertising and promotion activities both within Vietnam and abroad.

3. The State shall facilitate the employment of foreign experts and foreign media facilities for tourism publicity and advertising activities aimed at enhancing the image of the country of Vietnam and its people and tourism in Vietnam.

4. The State shall encourage and take measures to raise the awareness of tourism among all levels, branches and classes of society. 

Article 81 Tourism promotion activities by State administrative bodies for tourism 

1. The State administrative body for tourism at the central level shall preside over co-ordination with other relevant ministries and branches in formulating national strategies, plans and programs for tourism promotion; shall preside over co-ordination with provincial people's committees with the participation of tourist enterprises in conducting tourism promotion activities both within Vietnam and abroad; and shall co-ordinate interregional and inter-provincial tourism promotion activities.

2. The State administrative body for tourism at the central level shall establish overseas tourism representative offices of Vietnam in key tourist markets to promote tourism in accordance with regulations of the Government.

3. The State administrative body for tourism at the central level shall develop a national tourist database and organize the supply of tourist information at international border crossings.

4. Provincial people's committees shall formulate plans and programs for tourism promotion within their respective localities; shall organize the implementation of tourism promotion activities within their respective localities, and shall co-ordinate with State administrative bodies for tourism at the central and lower levels in conducting tourism promotion activities. 

Article 82 Tourism promotion activities by tourist enterprises 

Tourist enterprises shall have the right to initiate alone or in co-operation with other organizations and individuals the conduct of tourism promotion activities both within Vietnam and abroad and to take part in national tourism promotion programs. The expenses of tourism promotion shall be accounted for as enterprise business expenses. 

CHAPTER IX
International Co-Operation in Tourism 

Article 83 Policy on international co-operation in tourism 

The State shall promote international co-operation in tourism with other countries and international organizations on the basis of equality and mutual benefit, in conformity with the laws of each party and international law and customs aimed at developing tourism, linking the Vietnamese tourist market to regional and international tourist markets, and enhancing the co-operative relationship, friendship and understanding between nations. 

Article 84 Relations with national tourism agencies of other countries and with regional and international tourism organizations 

1. The State administrative body for tourism at the central level shall, on the basis of its functions and within the scope of the authority delegated to it, exercise the rights and discharge the responsibilities of the representative of Vietnam in bilateral and multilateral co-operation in tourism with national tourism agencies of other countries and with regional and international tourism organizations.

2. The establishment of representative offices in Vietnam by foreign national tourism agencies and by regional and international tourism organizations shall be implemented in accordance with decisions of the Prime Minister of the Government. 

CHAPTER X
Tourism Inspectorate, Resolution of Requests and Claims by Tourists 

Article 85 Tourism inspectorate 

1. The tourism inspectorate shall perform the function of the specialized inspectorate for tourism.

2. The organization and operation of the specialized inspectorate for tourism shall be implemented in accordance with law. 

Article 86 Resolution of requests and claims by tourists 

1. Requests and claims by tourists must be received and resolved promptly in accordance with law in order to protect the legitimate rights and interests of tourists.

2. State administrative bodies for tourism at the provincial level shall organize the receipt of requests and claims by tourists in tourist cities and tourist resorts visited by large numbers of tourists.

3. Requests and claims by tourists shall be sent to organizations and individuals engaged in tourism business or to the bodies responsible for receiving such requests and claims as stipulated in clause 2 of this article for resolution or shall be referred to the competent State body for resolution. In the case where an organization or individual engaged in tourism business or a body responsible for receiving requests or claims as stipulated in clause 2 of this article fails to resolve a request or claim, or the tourist disagrees with the decision on resolution, the tourist shall have the right to lodge a complaint or initiate legal proceedings in accordance with law. 

CHAPTER XI
Implementing Provisions 

Article 87 Implementing provision 

1. This Law shall be of full force and effect as of 1 January 2006.

2. The Ordinance on Tourism dated 8 February 1999 shall no longer be effective as from the date of effectiveness of this Law.

3. National tourist zones and tourist cities which have been recognized; tourist accommodation establishments which have been classified; international travel business licences which have been issued to organizations and individuals engaged in tourism business; and tourist guide cards which have been issued to tourist guides prior to the date of effectiveness of this Law shall, where there is no inconsistency with the provisions of this Law, shall continue to be of full force and effect; in cases where the conditions stipulated in this Law are not satisfied, amendments must be made for compliance. 

Article 88 

The Government shall provide detailed regulations and guidelines for implementation of this Law. 

This Law was passed by Legislature XI of the National Assembly of the Socialist

Republic of Vietnam at its 7th session on 14 June 2005.

The Chairman of the National Assembly

NGUYEN VAN AN