Quyết định 63/2008/QD-TTg

DECISION

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE VIETNAM NATIONAL ADMINISTRATION OF TOURISM UNDER THE MINISTRY OF CULTURE, SPORTS AND TOURISM

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Tourism Law;
Pursuant to the Government’s Decree No. 178/2007/ND-CP dated December 3, 2007, defining the function, tasks, powers and organizational structure of ministries and ministerial-level agencies
Pursuant to the Government’s Decree No. 185/2007/ND-CP dated December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism;
At the proposal of the Minister of Culture, Sports and Tourism.

DECIDES:

Article 1. - Position and functions

1. The Vietnam National Administration of Tourism is an agency attached to the Ministry of Culture, Sports and Tourism and functions to advise the Minister of Culture, Sports and Tourism on and perform tasks and execute powers of state management of tourism nation wide.

2. The Vietnam National administration of Tourism has the legal person status and national emblem-patterned seal, is a grade-II state budget-funded unit and has its own state treasury account.

Article 2. - Tasks and powers

The Vietnam National Administration of Tourism has the following specific tasks and powers:

1. To submit to the Minister of Culture, Sports and Tourism for further submission to the Government or the Prime Minister for decision:

a/ Draft laws and resolutions of the National Assembly, draft ordinances and resolutions of the National Assembly Standing Committee; the Government's draft resolutions and decrees on tourism and other projects and schemes as assigned by the Minister of Culture, Sports and Tourism;

b/ Tourism development strategies and master plans, national target programs and action programs and other projects and important national works on tourism; the Prime Minister's draft decisions and directives on tourism;

c/ Negotiations on, signing of and accession to treaties on tourism according to law; decisions on the establishment of Vietnam's foreign-based tourist representative offices, permission for the establishment of Vietnam-based representative offices of foreign tourist agencies and international tourist organizations;

d/ Dossiers of application for recognition of national tourist areas, routes and sports.

2. To submit to the Minister of Culture, Sports and Tourism for decision:

a/ Long-term, five-year and annual plans on tourism development; schemes and projects on tourism;

b/ Draft decisions, directives and circulars on tourism; legal documents on econo-technical standards and norms on tourism;

c/ Criteria for classifying and ranking tourist accommodation establishments; conditions, dossiers and procedures for ranking tourist accommodation establishments and model signs of tourist accommodation ranks; standards and model signs of satisfaction of standards, on tourist services for tourist service providers in tourist areas, spots and urban centers;

d/ The regulation on survey, assessment and classification of tourist resources; the Regulation on management of tourist areas located in two or more provinces and centrally run cities;

e/ Regulations on protection, embellishment, development, exploitation and use of tourist resources and environment in tourist areas and spots;

f/ Regulations on management of and procedures and dossiers for grant, renewal, re-grant, withdrawal of tour guide cards and certificates of tourist commentators;

g/ Regulations on criteria for holders of titles in the tourism sector;

h/ Documents guiding the implementation of legal provisions on travel business; tourist accommodation; tourism propagation and promotion; tourism development master plans; business in tourist areas and spots and other tourist services.

3. The Vietnam National Administration of Tourism shall direct and organize:

a/ The guidance, examination and implementation of legal documents, strategies, master plans, programs, plans and projects on tourism already approved by competent authorities;

b/ Tourism promotion activities at home and abroad; the coordination of inter-regional and inter-local tourism promotion activities as decentralized by the Minister of Culture, Sports and Tourism;

c/ The compilation of publications propagating and promoting tourism and national, regional and international programs, events, conferences, fairs and seminars on tourism;

d/ The public announcement of national tourist areas, spots and routes according to law;

e/ The study, survey, assessment and classification of domestic and overseas tourist markets; the study and proposal of mechanisms and policies to develop market-oriented products; the propagation and introduction of tourist products at home and abroad;

f/ The formulation of, and guidance in the use, exploitation and management of, a database on national tourism, and the supply of tourist information at international border gates and tourist areas;

g/ The inspection of the implementation of treaties on tourism which Vietnam has signed or acceded to, and foreign-funded programs and projects on tourism as decentralized by the Minister of Culture, Sports and Tourism or prescribed by law;

h/ The participation in international organizations, international conferences, seminars, fairs, events, and international cooperation programs and plans on tourism as assigned or decentralized by the Minister of Culture, Sports and Tourism or prescribed by law;

i/ The implementation of tourist investment projects falling under its competence as assigned or decentralized by the Minister of Culture, Sports and Tourism or prescribed by law;

j/ The ranking of tourist accommodation establishments of three-star or higher grade and tourist villas and apartments of luxury grade according to 1aw;

k/ The grant, renewal and withdrawal of international travel business permits; the grant, extension, change, modification and withdrawal of branch establishment permits of foreign tourist enterprises in Vietnam according to law;

1/ The uniform management of the grant of tour guide cards and certificates of tourist commentators according to law;

m/ The management of non-business organization attached to the Tourism Administration and public service providers in the tourism sector as decentralized by the Minister of Culture, Sports and Tourism or prescribed by law;

n/ The scientific research and application of scientific and technological advances, and environ-mental protection in tourism and tourist resources domains as decentralized by the Minister of Culture, Sport and Tourism or prescribed by law;

o/ The guidance of non-governmental societies and organizations in participating in tourist activities;

p/ The implementation d its administrative reform program in line with the objectives and content of the administrative reform program approved by the Minister of Culture, Sports and Tourism;

The examination, coordination in the inspection, prevention and combat of corruption, waste, negative practices and violations of law in tourism as decentralized by the Minister of Culture, Sports and Tourism or prescribed by law;

r/ The emulation and commendation in tourist activities as decentralized by the Minister of Culture, Sports and Tourism of prescribed by law;

s/ The management of its organizational apparatus and payroll; the implementation of the wage regime and policies and regimes on treatment, reward and disciplining; and the coordination in professional training and retraining, towards its cadres, public employees and servants and people engaged in tourism as decentralized by the Minister of Culture, Sports and tourism or prescribed by law;

t/ The management of finance and assets assigned to it and the disbursement d allocated state budget funds according to law;

u/ The performance of other tasks and exercise of other powers as assigned by the Minister of Culture, Sports and Tourism.

Article 3. - Organizational structure

1. The Travel Department.

2. The Hotel Department.

3. The Tourist Market Department.

4. The Finance Department.

5.The International Cooperation Department.

6.The Organization and Personnel Department.

7. The Office.

8. The Tourist Information Center.

9. The Tourism Research and Development Institute.

10. The Tourism Review.

11. The Tourism Newspaper.

The Travel Department, the Hotel Department, the Tourist Market Department and the Office may organize sections.

The Organizations defined from Clause 1 thru Clause 7 of this Article shall assist the General Director in performing the state management function, the organizations from Clause 8 thru Clause 11 are non-business units attached to the Tourism Administration (already prescribed in the Prime Minister’s Decision No. 149/QD-TTg dated February 4, 2008, on non-business units attached to the Ministry of Culture, Sports and Tourism).

The Minister of Culture, Sports and Tourism shall propose to the Prime Minister for decision the establishment, renaming of names, dissolution and reorganization of administrative organizations of the Vietnam National Administration of Tourism.

The Minister of Culture Sports and Tourism may decide to establish, dissolve and reorganize other non-business units attached to the Vietnam National Administration of tourism according to law.

Article 4. - Leadership

1. The Vietnam National Administration of Tourism has its General Director and no more than 3 Deputy General Directors.

2. The General Director and Deputy General Directors are appointed, dismissed, transferred and assigned by the Minister of Culture, Sports and Tourism according to law.

3.The General Director of the Vietnam National Administration of Tourism shall define the functions, tasks, powers and organizational structures of the administration's organizations and units.

4. The General Director of the Vietnam National Administration of Tourism shall take responsibility for all activities of the Vietnam National Administration of Tourism before law and the Minister of Culture, Sports and Tourism. Deputy General Directors of the Vietnam National Administration of Tourism shall take responsibility for their assigned tasks before law and the General Director of the Vietnam National Administration of Tourism.

Article 5. - Implementation effect and responsibilities

l This Decision takes effect 15 days after its publication in "CONG BAO".

2. The Minister of Culture, Sports and Tourism, ministers, heads of ministerial-level agencies, heads of government-attached agencies,

presidents of provincial/municipal People’s Committees and the General Director of the Vietnam National Administration of Tourism shall implement this Decision.