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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 | 
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