LAWS ON TOURISM, PART 5

Section 6. BUSINESS IN TOURIST SERVICES IN TOURIST RESORTS, TOURIST SPOTS AND TOURIST CITIES

Article 69.-Business in tourist services in tourist resorts, tourist spots and tourist cities Business in tourist services in tourist resorts, tourist spots and tourist cities shall include businesses in travel, tourist accommodation, tourist transportation, restaurant, shopping, sports, entertainment, information and other services provided for tourists.

Article 70.- Issuance of signboards of satisfaction of tourist service standards

  1. The central-level State administrative agency in charge of tourism shall provide the criteria and form of the signboard of satisfaction of tourist service standards to be issued to establishments which provide tourist services in tourist resorts, tourist spots and tourist cities.
  2. Provincial-level state agency in charge of tourism 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 doing tourist service business in tourist resorts, tourist spots and tourist cities

  1. Organizations and individuals doing travel, tourist accommodation, and tourist transportation businesses shall have the rights and obligations specified in Articles 39 and 40 of this Law and relevant rights and obligations specified in Articles 45, 50, 60 and 66 of this Law.
  2. Organizations and individuals doing tourism service business in tourist resorts, tourist spots and tourist cities, which are not regulated in Clause 1 of this Article, besides the rights and obligations specified in Articles 39 and 40 of this Law, shall have the following rights and obligations:

a/ To bear signboards of satisfaction of tourist service standards;

b/ To be chosen by travel enterprises as a partner to provide services and goods for their clients;

c/ To maintain tourist service standards throughout the course of doing business; d/ To observe regulations at tourist resorts, tourist spots and tourist cities issued by competent agencies.

Chapter VII TOURIST GUIDING

Article 72.- Tourist guides, tourist guide’s cards

  1. Tourist guides include guides for domestic tourists and guides for international tourists. International tourist guides may guide both international tourists and domestic tourists; domestic tourist guides may guide domestic tourists who are Vietnamese but not foreign tourists.
  2. Tourist guide’s cards include domestic tourist guide’s cards and international tourist guide’s cards. Tourist guide’s cards shall be valid for three years and effective nationwide.

Article 73.- Conditions for practicing as a tourist guide and criteria for issuance of tourist guide’s cards

  1. Tourist guides may practice once they have obtained a tourist guide’s card and signed a contract with a travel enterprise.
  2. A person who fully meets the following criteria shall be issued a domestic tourist guide’s card:

a/ Having Vietnamese nationality, residing in Vietnam and having full civil act capacity; b/ Having no contagious diseases and not using any addictive substances; and, c/ Having a vocational secondary or higher degree in tourist guiding, or, if having a degree in another discipline, a certificate of a tourist guide’s professional skills issued by a competent training establishment is required.

  1. A person who fully meets the following criteria shall be issued an international tourist guide’s card:

a/ Having Vietnamese nationality, residing in Vietnam and have full civil act capacity; b/ Having no contagious diseases and not using any addictive substances;

c/ Having a bachelor’s or higher degree in tourist guiding, or, if having a bachelor’s degree in another discipline, a certificate of a tourist guide’s professional skills issued by a competent training establishment is required. d/ Having a good command of at least one foreign language.

Article 74.- Issuance of tourist guide’s cards

  1. A dossier of application for a tourist guide’s card shall consist of: a/ An application for a tourist guide’s card;

b/ Curriculum vitae attested by the People’s Committee of the commune, ward or township

where the applicant resides or by the agency where he/she is working;

c/ Notarized copies of documents stated at Point c, Clause 2, Article 73 of this Law for

those who apply for domestic tourist guide’s cards or Point c and d, Clause 3 of Article 73

of this Law for those who apply for international tourist guide’s cards;

d/ Health certificates issued by a competent health establishment within three months

before the time of submission of the application; and,

e/ Two photos of 4 x 6 cm taken within three months before the time of submission of the application.

  1. Within fifteen days after the date of receipt of a full and valid dossier, the provincial- level state agency in charge of tourism shall have to examine the dossier and issue a tourist guide’s card to the applicant; in case of refusal, it shall have to reply to the applicant in writing, clearly stating the reason therefor.
  2. The provincial-level state agency in charge of tourism shall organize the issuance of international tourist guide’ and domestic tourist guide’s cards according to common forms set by the central-level state agency in charge of tourism.

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

  1. Renewal of tourist guide’s cards is stipulated as follows:

a/ At least 30 days before the card expires, the tourist guide shall have to complete procedures to renew it;

b/ A dossier of application for change of a tourist guide’s card shall consist of an application for changing the card; certificate of periodic refresher training in tour guiding skills issued by a competent state agency in charge of tourism; and a copy of the expired tourist guide’s card;

c/ The applicant for renewing the tourist guide’s card shall submit the dossier to the provincial-level state agency in charge of tourism.

  1. The reissuance of tourist guide’s cards is stipulated as follows: a/ Tourist guide’s cards shall be reissued in case of loss or damage;

b/ Applicants for the reissuance of tourist guide’s cards shall submit a dossier consisting of an application for reissuance of a card enclosed with 2 photos as stated in Clause 1, Article 74 of this Law, and the certification of the loss of the card or the damaged card to the provincial-level state agency in charge of tourism.

  1. Within fifteen days after the date of receipt of full dossiers, the provincial-level state agency in charge of tourism shall have to examine the dossiers, and renew or re-issue the tourist guide’s cards for the applicants; in case of refusal, it shall have to reply to the applicant in writing, clearly stating the reason therefor.
  2. Withdrawal of a tourist guide’s card is stipulated as follows:

a/ Tourist guides shall have their cards withdrawn if they violate any of the provisions of Article 77 of this Law.

b/ Tourist guides with their cards withdrawn shall be considered for reissuance of the cards only after the passage of six months following the date of withdrawal of their cards. In this case, dossiers and procedures for issuance of tourist guide’s cards shall be the same as in the case of issuance of new tourist guide’s cards.

Article 76.-Rights and obligations of tourist guides

  1. Tourist guides shall have the following rights:

a/ To guide tourists under assigned duties or under a contract signed with a travel enterprise;

b/ To join occupational organizations and associations of tourist guiding; c/ To receive wages or honoraria as contracted with travel enterprises; d/ To sit for exams for recruitment of tourist guides and for accreditation of tourist guide’s professional ranks; and,

e/ In case of emergency or force majeure, tourist guides may adjust tour programs and standards of services provided for tourists, provided that they must inform the competent person thereof as soon as conditions permit, and be accountable for their decision.

  1. Tourist guides shall have the following obligations:

a/ To abide by and instruct tourists to abide by laws, internal rules and regulations at visiting places and respect local customs and practices;

b/ To provide tourists with information about the tour program and itinerary and their lawful interests;

c/ To guide tourists in conformity with the tour program, be civilized, caring, and wholehearted to tourists; in case of a tourist’s request for detour, to report it to a competent person for decision;

d/ To be responsible for ensuring the safety of life, health and property of tourists;

e/ To act within the scope specified in Clause 1, Article 72 of this Law, to wear the tourist

guide’s card when working as a tourist guide;

f/ To take part in periodical training courses for tourist guides organized by competent state agencies; and,

g/ To compensate for losses caused by their fault to tourists and travel enterprises.

Article 77.-Prohibited acts of tourist guides

  1. Providing information detrimental to national sovereignty, security, defense, social order and safety.
  2. Committing acts that cause negative effects to the image, tradition, morality and fine customs and habits of the nation; misrepresenting the historical and cultural values of Vietnam.
  3. To take tourists to restricted areas.
  4. To gain illicit profits from tourists or force tourists to buy goods and services.
  5. To arbitrarily change tour programs, or provide tourists with services of lower standards than they are entitled to.
  6. To discriminate against tourists.
  7. To lend their tourist guide’s cards to others or use others’ cards or use expired tourist guide’s cards.

Article 78.- Narrators

  1. Narrators are persons who deliver on-site narration to tourists at tourist resorts or tourist spots.
  2. Narrators must have good knowledge of tourist resorts and tourist spots, and skills of communication with tourists and cultured behavior.
  3. Competent state agencies in charge of tourist resorts and tourist spots shall stipulate the training in professional knowledge and skills and criteria for narrators, as well as issuance and withdrawal of narrator’s certificates.

Chapter VIII

TOURIST PROMOTION

Article 79.- Content of tourism promotion

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

  1. To propagate and widely introduce the country and the people of Vietnam; beautiful landscapes; historical, revolutionary and cultural relics; man-made creative works; and national cultural identity to people in the country and in international communities.
  2. To improve social awareness of tourism, and create a civilized, healthy and safe tourism environment, bringing into play the nation’s traditions of hospitality.
  3. To mobilize various resources to invest in tourist cities, tourist resorts, and tourist spots in order to make them diversified, unique, high-quality and deeply imbued with national cultural identities in each locality and region and the whole country; develop infrastructure and physical-technical facilities for tourism; and diversify and improve the quality of tourist services.
  4. Conduct research into tourist markets and develop tourist products which meet tourists’ needs; propagate and promote tourist products.

Article 80.- Tourism promotion policies

  1. The State shall stipulate mechanisms for coordination between central and local State administrative agencies in charge of tourism and organizations and individuals doing tourism business in carrying out tourism information, publicity and promotion activities.
  2. Ministries, branches and media agencies shall, within the scope of their respective duties and powers, coordinate with the central-level State administrative agency in charge of tourism in carrying out tourism information, publicity and promotion activities domestically and abroad.
  3. The State shall create favorable conditions for the employment of foreign experts and mass media in tourism publicity and promotion activities to enhance the image of the people, country and tourism of Vietnam.
  4. The State shall encourage and take measures to raise the awareness of tourism among all levels, branches and people.

Article 81.- Tourism promotion activities of State administrative agencies in charge of tourism

  1. The central-level State administrative agency in charge of tourism shall assume the prime responsibility for, and coordinate with related ministries and branches in, formulating national strategies, plans and programs for tourism promotion, with provincial- level People’s Committees and the involvement of tourist enterprises, in conducting tourism promotion activities domestically and abroad; and coordinate inter-regional and inter-provincial tourism promotion activities.
  2. The central-level State administrative agency in charge of tourism shall establish overseas Vietnam tourist representative offices in key tourist markets to promote tourism in accordance with regulations of the Government.
  3. The central-level State administrative agency in charge of tourism shall develop a national tourist database and organize the supply of tourist information at international border crossings.
  4. Provincial-level People’s Committees shall develop plans and programs for tourism promotion in their localities; organize the implementation of tourism promotion activities in their localities; coordinate with the central-level State administrative agency in charge of tourism and other local state administration agencies in charge of tourism in conducting tourism promotion activities.

Article 82.- Tourism promotion activities of tourist enterprises

Tourist enterprises may, on their own initiative or in cooperation with other organizations and individuals, conduct promotion activities domestically and abroad, and take part in the national tourism promotion programs. The costs of tourism promotion shall be accounted as enterprise business expenses.

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