LAWS ON TOURISM, PART 3

Section 2. TOURIST CITIES

Article 31.- Criteria for recognition as a tourist city

A city that fully meets the following criteria shall be recognized as a tourist city:

  1. Having appealing tourism resources within its boundary or within the boundary of the city and its adjacent areas.
  2. Having comprehensive infrastructure and tourist physical and technical facilities, meeting the diversified needs of tourists, and having a labor structure suitable to requirements of tourism development.
  3. Tourism plays an important role in the economic structure, achieving a ratio between tourism revenue and the total revenues of services as stipulated by the Government.

Article 32.- Dossiers, procedures and competence for recognition of tourist cities

  1. A dossiers for recognition as a tourist city shall consist of:

a/ A written statement requesting recognition as a tourist city, made by the provincial-level People’s Committee and submitted to the Prime Minister;

b/ A copy of the province’s or centrally-run city’s master plan on tourism development; and,

c/ A project proposal for recognition as a tourist city, made according to the provisions of Article 31 of this Law.

  1. Provincial-level People’s Committees shall submit the dossiers for recognition as tourist cities to the Prime Minister and send copies to the Ministry of Construction and central- level State administrative agency in charge of tourism.

The Ministry of Construction shall assume the prime responsibility for, and coordinate with the central-level State administrative agency in charge of tourism and relevant agencies in, evaluating these dossiers and submit their evaluations to the Prime Minister.

  1. The Prime Minister shall consider and decide the recognition as tourist cities, and the central-level State administrative agency in charge of tourism shall make public the tourist- city status.

Article 33.-Management of tourist city development

  1. The management of tourist city development must ensure the following:

a/ Management of the planning and construction of the tourist city in line with the tourism

development orientations set forth by competent state agencies;

b/ Management of investment projects for tourism development in conformity with the

approved plans;

c/ Protection of tourism resources, landscapes, and environment, and maintenance of security, social order and safety;

d/ Assurance of the quality of goods and services to be provided for tourists; and, e/ Mobilization of all resources of the city for the sake of tourism development.

  1. The People’s Committees of provinces or centrally-run cities in which tourist cities are located shall formulate and submit regulations on the management of tourist cities to the Prime Minister for promulgation. These regulations must be in conformity with the requirements on protection of tourism resources, landscapes, environment and tourism development orientations of the cities.

Chapter V TOURISTS Article 34.- Tourists

  1. Tourists include domestic and international visitors.
  2. Domestic tourists are Vietnamese citizens and foreigners permanently residing in Vietnam who travel for tourist purposes within the territory of Vietnam.
  3. International tourists are foreigners, overseas Vietnamese visiting Vietnam for tourist purposes and Vietnamese citizens and foreigners permanently residing in Vietnam making overseas trips for tourist purposes.

Article 35.- Rights of tourists

  1. To choose the form of travel either by individual or group; to choose a part of or whole of a tour program or tourist services provided by organizations or individuals doing tourism business.
  2. To request organizations or individuals doing tourism business to supply necessary information on tour programs and tourist services.
  3. To be facilitated in the clearance of entry, exit, transit, customs and stay procedures; to be allowed to travel within the territory of Vietnam except in prohibited areas for the purpose of excursion and tourism.
  4. To be provided with sufficient tourism services according to contracts between them and organizations or individuals doing tourism business; be covered with tourism insurance and other types of insurance according to the provisions of law;
  5. To be treated equally, to request organizations or individuals doing tourism business to take measures to ensure the safety of their lives, health and property while using tourism services; to be provided with relief aid and rescued in case of emergency during their travel within the territory of Vietnam.
  6. To be compensated for the damage caused by the fault of organizations or individuals doing tourism business in accordance with the provisions of law.
  7. To complain, denounce or file lawsuits against acts of violation of tourism law.

Article 36.- Obligations of tourists

  1. To observe the Vietnamese laws on security, social order and safety; to respect and preserve natural landscapes, places of scenic beauty, environment, tourism resources, cultural identity, and fine traditional habits and customs in places of tourist destination.
  2. To abide by rules and regulations of tourist resorts, spots, cities and tourist accommodation establishments.
  3. To pay tourist services charges as contracted and other fees and charges in accordance with the provisions of law.

To compensate for the damage caused by their fault to organizations and individuals doing tourism business.

Article 37.- Assurance of safety for tourists

  1. State agencies shall, within the scope of their duties and powers, take necessary measures to prevent risks and ensure the safety of life, health and property of tourists and to stop acts of making illicit profits from tourists.
  2. In cases of emergency, competent state agencies shall take timely and necessary salvage and rescue measures in order to minimize the damage to tourists.
  3. Tourist resorts, tourist spots and tourist cities shall take preventive measures against risks and establish units to provide guard, rescue, salvage and emergency aid services for tourists.
  4. Organizations and individuals doing tourism business must inform tourists of emergency cases, epidemics and dangers; and take necessary measures and collaborate with the related agencies in providing rescue, salvage and emergency aid for tourists. Chapter VI

TOURISM BUSINESS

Section 1. GENERAL PROVISIONS ON TOURISM BUSINESS Article 38.- Tourism business lines

Tourism business is a trade in services, including the following lines:

  1. Travel business;
  2. Tourist accommodation business;
  3. Tourist transportation business;
  4. Business in development of tourist resorts or tourist spots; and,
  5. Business in other tourist services.

Article 39.-Rights of organizations or individuals doing tourism business

  1. To select tourism business lines and register for one or more tourism business lines.
  2. To be protected by the State in lawful tourism business activities.
  3. To organize and take part in tourism promotion activities and be included in the common promotion list of the tourism industry.
  4. To join domestic and international tourism associations and professional organizations. Article 40.- Obligations of organizations or individuals doing tourism business
  5. To set up a tourist enterprise and register for the tourism business in accordance with the provisions of law.
  6. To run tourism business in line with the specifications stated in their business registration certificates or tourism business licenses for trades where licensing is required.
  7. To notify competent tourism state agencies in writing of the time to start their business or of any changes in the content of their business registration certificates or tourism business licenses.
  8. To publicize clearly and honestly the quantity, quality and price of services and goods to be supplied to tourists and to fulfil all of the obligations committed to tourists and to compensate for losses which they have caused to tourists.
  9. To take measures to assure safety of life, health and property of tourists and to promptly inform competent agencies of accidents or dangers and risks which may occur to tourists.
  10. To comply with regulations on reporting, statistics and record-keeping in accordance with the provisions of 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 comply with the laws of Vietnam and host countries and with the treaties to which the Socialist Republic of Vietnam is a contracting party.

Vietnamese tourist enterprises which have overseas branches and/or representative offices shall take responsibility for the operation of such branches and/or representative offices before the laws of Vietnam and host countries.

Article 42. – Vietnam-based branches and representative offices of foreign tourist enterprises

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