LAWS ON TOURISM. PART 2

Chapter III

TOURISM DEVELOPMENT PLANS

Article 17.- Categories of tourism development plans

  1. Tourism development plans shall be of the tourism industry, including master plans and specific plans for tourism development.

Master plans for tourism development shall be made for the whole country, tourist zones, key tourist areas, provinces, centrally-run cities and national tourist resorts.

  1. Specific plans for tourism development shall be made for functional areas within national tourist resorts, local tourist resorts and national tourist spots having natural tourism resources.

Article 18.- Principles for formulation of tourism development plans

  1. Compliance with the national socio-economic development strategy and master plan and with the strategy for tourism development.
  2. Assurance of national sovereignty, defense, security, social order and safety.
  3. Protection and development of tourism resources and environment and preservation and promotion of the national cultural identity.
  4. Feasibility and balance between supply and demand in tourism.
  5. Promotion of strengths of each region and locality to create unique tourist products for the purpose of rationally and efficiently utilizing tourism resources.
  6. Publicity during the formulation and promulgation of plans.

Article 19.- Contents of tourism development plans

  1. The contents of a master plan for tourism development shall include:

a/ The position, role and advantages of tourism in the socio-economic development of the locality, region and country;

b/ Analysis and evaluation of potentials and current status of tourism resources, tourism markets and resources for tourism development;

c/ Viewpoints, objectives, characteristics and scale of development for the area covered by the plan, including forecast target data and justifications of alternatives for tourism development;

d/ Organization of the tourism space and infrastructure and physical-technical facilities for tourism;

e/ List of prioritized areas and projects for investment and needs for land use, investment capital and manpower in tourism;

f/ Assessment of environmental impact and solutions to protecting both tourism resources and the environment; and,

g/ Proposed mechanisms, policies and measures for tourism management and development according to the plan.

  1. A specific plan for tourism development shall, in addition to the contents specified in Clause 1 of this Article, include the following principal contents:

a/ Functional areas, ground scheme, infrastructure works, physical-technical facilities for

tourism, and land use alternatives;

b/ List of investment projects and investment schedule;

c/ Analysis of socio-economic and environmental benefits; and, d/ Recommendations on measures for management and implementation of the plan.

Article 20.- Competence to formulate, approve and decide on tourism development plans

  1. The central-level State administrative agency in charge of tourism shall assume the prime responsibility for formulating master plans for development of the tourism industry and development of tourist zones, key tourist areas and national tourist resorts and submit them to the Government and the Prime Minister for approval according to competence.
  2. Provincial-level People’s Committee shall formulate master plans for tourism development for their provinces or centrally-run cities and submit them to the People’s Councils of the same level for decision after obtaining the opinions of the central-level State administrative agency in charge of tourism.

Specific plans of functional zones within national tourist resorts, local tourist resorts and national tourist spots having natural tourism resources shall be decided by provincial-level People’s Committee after obtaining the opinions of the central-level state administrative agency in charge of tourism.

  1. The agency which is empowered to approve or decide on any tourism development plan shall be competent to approve and decide on the revision of such tourism development plan.

Article 21.- Management and implementation of tourism development plans

  1. After a tourism development plan has been decided upon and approved, the formulating agency shall have to announce and provide necessary information about the plan to concerned organizations and individuals for implementation and implementation monitoring.
  2. The formulation and implementation of tourism development projects, projects having impacts on tourism resources and other tourism-related projects shall comply with the tourism development plans which have been approved by competent state agencies and be subject to the endorsement of competent state agencies in charge of tourism.
  3. Provincial-level People’s Committees shall allocate land for tourism infrastructure works, physical-technical facilities in tourist cities, tourist resorts and tourist spots in accordance with decided, approved and promulgated tourism development plans; and shall not assign or lease land to investment projects which are contrary to tourism development plans or investment projects or which will exert negative impacts on tourism resources and environment.
  4. All organizations and individuals must strictly follow the approved, decided tourism development plans and shall neither encroach upon or illegally use land areas already planned for tourism development.

Chapter IV

TOURIST RESORTS, TOURIST SPOTS, TOURIST ROUTES AND TOURIST CITIES Section 1. TOURIST RESORTS, TOURIST SPOTS, TOURIST ROUTES Article 22.- Classification of tourist resorts, tourist spots, tourist routes Tourist resorts, tourist spots, and tourist routes shall be classified at the national or local level based on their scale, attractiveness to tourists, service-provision capability and service quality.

Article 23.- Conditions for recognition as a tourist resort

  1. A tourist resort that fully meets the following conditions shall be recognized as a national tourist resort:

a/ Having particularly attractive tourism resources with natural landscapes as an advantage and capable of attracting a large number of tourists.

b/ Having an area of at least 1,000 hectares, including a necessary area for construction of tourist service works and facilities in conformity with the landscape and environment of the tourist resort, although in particular cases where the area is narrower, the central-level

State administrative agency in charge of tourism shall submit a proposal to the Prime Minister for consideration and approval; and,

c/ Having comprehensive infrastructure and tourist physical-technical facilities, capable of providing services for at least one million tourist arrivals a year, including necessary accommodation and tourism service facilities suitable to the characteristics of the tourist resort.

  1. A tourist resort that fully meets the following conditions shall be recognized as a local tourist resort:

a/ Having appealing tourism resources capable of attracting tourists;

b/ Having an area of at least 200 hectares, including a necessary area for construction of

tourist service works and facilities; and,

c/ Having necessary infrastructure, tourist physical-technical facilities, accommodation and tourist service facilities suitable to the characteristics of the locality and capable of providing services for at least 100,000 tourist arrivals a year.

Article 24.- Conditions for recognition as a tourist spot

  1. A tourist spot that fully meets the following conditions shall be recognized as a national tourist spot:

a/ Having particularly attractive tourism resources to meet tourists’ sightseeing needs; b/ Having necessary infrastructure and tourist service facilities capable of providing services for at least 100,000 tourist arrivals a year.

  1. A tourist spot that fully meets the following conditions shall be recognized as a local tourist spot:

a/ Having attractive tourism resources to meet tourists’ sightseeing needs; b/ Having necessary infrastructure and tourist service facilities capable of providing services for at least 10,000 tourist arrivals a year.

Article 25.- Conditions for recognition as a tourist route

  1. A tourist route that fully meets the following conditions shall be recognized as a national tourist route:

a/ Linking various tourist resorts and tourist spots, including national, inter-regional and inter-provincial tourist resorts and tourist spots, and linked to international border gates; and,

b/ Taking measures to preserve landscapes, environment and service facilities for tourists along the route.

  1. A tourist route that fully meets the following conditions shall be recognized as a local tourist route:

a/ Connecting tourist resorts and tourist spots within a locality; and,

b/ Taking measures to preserve landscapes, environment and service facilities for tourists

along the route.

Article 26.-Dossiers for recognition as tourist resorts, tourist spots or tourist routes

  1. A dossier for recognition as a tourist resort shall consist of:

a/ A written statement, requesting recognition as a tourist resort, made by a competent State administrative agency in charge of tourism; and,

b/ A report on the master plan or specific plan for development of the tourist resort, enclosed with the decision of a competent State administrative agency as stipulated at Article 20 of this Law.

  1. A dossier for recognition as a tourist spot shall consist of:

a/ A written statement, requesting recognition as a tourist spot, made by a competent State administrative agency in charge of tourism; and,

b/ An explanatory document on the tourist spot proposed for recognition.

  1. A dossier for recognition as a tourist route shall consist of:

a/ A written statement, requesting recognition as a tourist route, made by a competent State administrative agency in charge of tourism; and,

b/ A map of the tourist route at a scale of 1/1,500,000 for a national tourist route, or a scale of 1/100,000 for a local tourist route, and an explanatory document on the proposed tourist route.

Article 27.- Competence to recognize tourist resorts, tourist spots, tourist routes

  1. The Prime Minister shall decide on the recognition of national tourist resorts, national tourist spots, and national tourist routes at the proposal of the central-level State administrative agency in charge of tourism.
  2. The presidents of provincial-level People’s Committee shall decide on the recognition of local tourist resorts, local tourist spots, and local tourist routes at the proposal of provincial-level State administrative agencies in charge of tourism.
  3. The central-level State administrative agency in charge of tourism shall announce national tourist resorts, national tourist spots, and national tourist routes upon receipt of the decisions of their recognition.
  4. Provincial-level People’s Committees shall announce local tourist resorts, local tourist spots, and local tourist routes upon receipt of the decisions of their recognition.

Article 28.- Management of tourist resorts

  1. Scope of management of tourist resorts shall include:

a/ Management of development planning and investment work; b/ Management of business service activities;

c/ Protection of tourism resources and assurance of environmental hygiene, social order and safety; and,

d/ Implementation of relevant provisions of law.

  1. The management of tourist resorts is organized as follows:

a/ A Management Board must be established for a tourist resort, but where a tourist resort is assigned to an investor being an enterprise, the investor must manage the tourist resort in accordance with the scope specified in Clause 1 of this Article; b/ The presidents of provincial-level People’s Committees shall decide on the establishment of the Management Board of tourist resorts located within the administrative boundaries of their provinces.

Where a tourist resort lies within the administrative territories of two or more provinces or centrally-run cities, the president of the People’s Committee of each province or centrally- run city shall decide on the establishment of the Management Board within the administrative boundary of his/her province or city. The Management Boards shall coordinate their activities according to the Regulation on management of tourist resorts issued by the central-level State administrative agency in charge of tourism and the master plan for development of the tourist resort already approved by a competent state agency. 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, its management board must include a representative from that specialized management board.

  1. For a tourist resort with its tourism resources managed by another state agency through a specialized management board already established, the specialized management board shall have to coordinate with the tourist resort’s management board in order to facilitate the rational exploitation and utilization of tourism resources in service of visitors and tourists. Article 29.- Management of tourist spots

Depending on the scale and nature of tourist spots, ministries or agencies in charge of state administration of natural resources and provincial-level People Committees shall provide for the mode of management thereof, ensuring the following:

  1. Protection and development of tourism resources and assurance of environmental sanitation;
  2. Creation of favorable conditions for the sightseeing visits of tourists;
  3. Assurance of the participation by local communities in tourism activities; and,
  4. Maintenance of security, social order and safety and assurance of safety of tourists. Article 30.-Management of tourist routes

Provincial-level People’s Committees shall, within the scope of their duties and powers, coordinate with the Transport Ministry in managing local tourist routes and the portion of national tourist routes within the territories of their provincial or centrally-run cities, ensuring the following:

  1. Protection of security, order, landscapes and environment along the tourist routes.
  2. Creation of favorable conditions for the traffic circulation of the specialized means of transport of tourists.
  3. Management of investment and construction of tourist service facilities along the tourist routes in line with the plans which have been approved and decided by competent state agencies.

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.