Nghị định 16/2012/ND-CP

Decree No. 16/2012/ND-CP of March 12, 2012, on penalties for administrative violations of tourism

Decree No. 16/2012/ND-CP on penalties for administrative violations of tourism đã được thay thế bởi Decree No. 158/2013/NĐ-CP administrative violations pertaining to culture sports tourism and advertising và được áp dụng kể từ ngày 01/01/2014.

Nội dung toàn văn Decree No. 16/2012/ND-CP on penalties for administrative violations of tourism


THE GOVERNMENT
-------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

No. 16/2012/NĐ-CP

Hanoi, March 12, 2012

 

DECREE

ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS OF TOURISM

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on Tourism dated June 14, 2005;

Pursuant to the Ordinance on Handling administrative violations dated July 02, 2002, the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations dated April 02, 2008;

At the proposal of the Minister of Culture, Sports and Tourism;

The Government promulgate the Decree on penalties for administrative violations of tourism,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree specifies the acts of administrative violations, forms of penalties, rates of penalties, authority to impose penalties, and remedial measures related to tourism.

2. The administrative violations of tourism are the violations of law provisions on State management of tourism, deliberately or intentionally committed by organizations and individuals, that do not constitute a crime and must by administrative penalized.

3. The acts of administrative violations of tourism in this Decree include:

a) Violations of provisions on travel services, tour guiding, and transportation of tourists;

b) Violations of provisions on tourists accommodations;

b) Violations of provisions on tourism promotion;

b) Violations of provisions on other tourism activities.

4. For other administrative violations of tourism not being prescribed in this Decree, the provisions in other the Government's Decrees on the penalties for administrative violations of relevant State management shall apply.

Article 2. Subjects of application

Vietnamese organizations and individuals, foreign organizations and individuals (hereinafter referred to as organizations and individuals) committing administrative violations of tourism in within the Vietnam’s territory.

Article 3. Forms of penalties and remedial measures

1. For each administrative violations, the violating organizations and individuals must incur one of the following forms of penalties:

a) Warnings;

b) Fines.

2. Depending on the nature and extent of violations, organizations and individuals that commit administrative violations may have to incur one or some of the following forms of additional penalties:

a) Temporarily depriving the right to use the License to provide international travel services, the tour guide’s card, the narrator’s certificate;

b) Confiscating the exhibits and means of administrative violations.

3. Apart from the primary and additional forms of penalties prescribed in Clause 1 and 2 this Article, depending on the nature and extent of violations, organizations and individuals that commit administrative violations may have to take one or some of the following remedial measures:

a) Restore the furniture, facilities, devices and equipment, ensuring the health, life, and property of tourists;

b) Complying with the regulations on making and keeping documents as prescribed by law;

c) Returning to the tourists or remitting to the State budget the property illegally taken from tourists;

d) Completely paying the deposit as prescribed;

dd) Complying with the reporting regime as prescribed by law;

e) Installing the plate of standard tourist vehicle as prescribed by law;

g) Complementing the equipment, facilities, services, professional skills, and foreign language skills of managers and employees corresponding to the standard of each rating of the lodging establishment as prescribed by law;

h) Fixing the signboard indicating the rating of the lodging establishment in accordance with the rating by competent State agencies;

i) Removing and destructing the violating publications, billboards, signboards, items, and equipment as prescribed by law;

k) Removing and destructing the items serving tourism dissemination, terminating the dissemination programs for some violations of provisions on tourism promotion;

i) Taking measures to rectify the environment pollution caused by violations of provisions on environment protection;

m) Implementing the decisions from competent persons and agencies, applicable to the acts of obstructing the inspections and imposition of penalties for administrative violations.

Chapter 2.

ACTS OF ADMINISTRATIVE VIOLATIONS, FORMS AND RATES OF PENALTIES

SECTION 1. VIOLATIONS OF PROVISIONS ONTRAVEL BUSINESS, TOUR GUIDING, AND TOURIST TRANSPORTATION

Article 4. violations of provisions on notification of travel business

Fines of from 1,000,000 VND to 3,000,000 VND for one of the following acts:

1. Failing to notify in writing the time of commencing the travel business to the Services of Culture, Sports and Tourism of central-affiliated cities and provinces (hereinafter referred to as provincial Services of Culture, Sports and Tourism) where the head office is situated within 15 days as from the commencement date of the business.

2. Failing to notify in writing the replacement of the legal representatives of the enterprise, the conversion of the enterprise form, the change of the name, the location of the travel service provider to the Service of Culture, Sports and Tourism where the head office is situated within 15 days as from the change.

3. Failing to notify in writing the replacement of the operator of the international travel activities to the Service of Culture, Sports and Tourism within 30 days as from the replacement.

4. Failing to notify in writing the establishment and the commencement date of the branch or the representative office of the travel service provider to the Service of Culture, Sports and Tourism where the head office is situated, and the Services of Culture, Sports and Tourism where the branch or the representative office is situated within 45 days as from the branch or the representative office commences its operation.

5. Failing to notify in writing the change of the Head, the name, or the location of the branch or representative office of the travel service provider to the Service of Culture, Sports and Tourism where the head office is situated, and the Services of Culture, Sports and Tourism where the branch or the representative office is situated within 10 days as from the change..

6. Failing to notify in writing the loss of the license to provide international travel services to the Vietnam National Administration of Tourism within 7 days as from the loss.

7. Failing to promptly notify the Services of Culture, Sports and Tourism of the potential accidents or risk that tourists may encounter.

Article 5. Violations of provisions on travel business

1. Fines of from 1,000,000 VND to 3,000,000 VND for one of the following acts:

a) Employing domestic travel operators that do not have enough 3 years of experience in the travel industry;

b) Employing international travel operators that do not have enough 4 years of experience in the travel industry;

c) The domestic travel operators do not have enough 3 years of experience in the travel industry;

d) The international travel operators do not have enough 4 years of experience in the travel industry;

dd) One of the contents in the travel contract is missing.

2. Fines of from 3,000,000 VND to 5,000,000 VND for one of the following violations:

a) Failing to provide the written tour schedule for tourists or their representative;

b) Failing to provide the written contract for tourists or their representative;

c) Failing to satisfy legitimate requirements of tourists as prescribed by law;

d) Employing tour guides without written contracts with them, or the contract does not contain sufficient primary contents as prescribed;

dd) Failing to guide or provide information related to the tour schedule upon the partner’s request;

e) Failing to clearly, transparently, and correctly provide information about the quantity and prices of tourism services for tourists;

3. Fines of from 5,000,000 VND to 7,000,000 VND for one of the following acts:

a) The travel operators uses false information about the working time to operate travel business;

b) Failing to comply with, or incorrectly implementing, the regulations on making and keeping documents as prescribed by law;

c) Using expired tour guide’s card to guide tourists.

4. Fines of from 7,000,000 VND to 10,000,000 VND for one of the following acts:

a) Using vehicles and equipment that do not ensure the health, life, and property of tourists as prescribed by law; except for the cases prescribed in Clause 1, 2, 3 and 4 Article 8 of this Decree;

b) Failing to comply with the regime for reporting to the Vietnam National Administration of Tourism and the Services of Culture, Sports and Tourism;

c) Employing people without tour guide’s card to guide tourists.

5. Fines of from 10,000,000 VND to 15,000,000 VND for one of the following acts:

a) Doing international travel business without at least 3 international tour guides;

b) Failing to buy insurance for Vietnamese tourist going abroad during the tour as prescribed;

c) Changing the agreed tour schedule, standards, and services without the consent from tourists or their representative;

6. Fines of from 15,000,000 VND to 20,000,000 VND for one of the following acts:

a) Failing to sustain the deposit for international travel business as prescribed;

b) Changing the License to provide international travel services;

c) Collecting money outside contract or other illegal collection from tourists;

d) Failing to manage the business of branches, representative offices, and affiliated units as prescribed by law;

dd) Failing to manage tourists in accordance with the concluded contract and tour schedule;

e) Providing inaccurate information in the application for the issuance or the replacement of the License to provide international travel services;

g) Failing to apply for the replacement of the License to provide international travel services as prescribed by law;

h) Using the enterprise name, transaction name, and abbreviated name inconsistently with that registered with competent State agencies to do business;

7. Fines of from 20,000,000 VND to 25,000,000 VND for one of the following acts:

a) Employing foreigners as tour guides in Vietnam;

b) Doing travel business after notifying its suspension or the shut down, or having the business suspended by competent State agencies.

8. Fines of from 25,000,000 VND to 30,000,000 VND for doing travel business inconsistently with the License to provide international travel services;

9. Fines of from 30,000,000 VND to 40,000,000 VND for one of the following acts:

a) Letting other organizations and individuals use the License to provide international travel services to do travel business;

b) Doing international travel business without the License to provide international travel services.

10. Forms of additional penalties:

a) Depriving the right to use the License to provide international travel services up to 12 months, applicable to the acts of violations prescribed in Point a and c Clause 5; Point a, d and dd Clause 6, and Point a Clause 7 this Article;

b) Depriving the right to use the License to provide international travel services for 12 - 24 months, applicable to the acts of violations prescribed in Clause 8 and Point a Clause 9 this Article;

c) Confiscating the exhibits of violations, applicable to the acts of violations prescribed in Point a Clause 3 and Point e Clause 6 this Article.

11. Remedial measures:

a) Complementing the vehicles and equipment that ensure the health, life, and property of tourists, applicable to the acts of violations prescribed in Point a Clause 4 this Article;

b) Complying with the regulation on making and keeping documents as prescribed by law, applicable to the acts of violations prescribed in Point b Clause 3 this Article;

c) Complying with the reporting regime as prescribed by law, applicable to the acts of violations prescribed in Point v Clause 4 this Article;

d) Completely paying the deposit, applicable to the acts of violations prescribed in Point a Clause 6 this Article;

dd) Returning to the tourists or remitting to the State budget the property illegally taken from tourists, applicable to the acts of violations prescribed in Point c Clause 5 and Point c Clause 6 this Article.

Article 6. Violations of provisions on travel agencies

1. Fines of from 1,000,000 VND to 3,000,000 VND for one of the following acts:

Failing to notify in writing the time of commencing the travel agency to the Services of Culture, Sports and Tourism within 15 days as from the commencement date of the travel agency;

b) Failing to notify in writing the change of the legal representatives, the name, or the address of the travel agency to the Service of Culture, Sports and Tourism within 15 days as from the change;

c) Failing to clearly, transparently, and correctly provide information about the quantity and prices of the travel service providers for tourists;

d) The travel agency location is not consistent with that registered with competent State agencies.

2. Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:

a) Changing the tour schedule of the travel service provider;

b) Selling tours at higher prices than that of the travel service provider;

c) Running a travel agency without registering it;

d) Running a travel agency without a written travel agency contract with the travel service provider.

3. Fines of from 5,000,000 VND to 10,000,000 VND for one of the following acts:

a) Running a travel agency for an enterprise that do not have the License to provide international travel services to sell tours to international tourists and Vietnamese tourists going abroad;

b) Keeping running the travel agency after having the Certificate of business registration of the travel agency revoked by competent State agencies.

4. Remedial measures:

Returning to the tourists or remitting to the State budget the receipts illegally collected from tourists, applicable to the acts of violations prescribed in Point b Clause 2 this Article.

Article 7. Violations of provisions on tour guiding

1. Warnings or fines of from 500,000 VND to 1,000,000 VND for tour guides or narrators that do not wear name tags or certificates when practicing.

2. Fines of from 1,000,000 VND to 2,000,000 VND for one of the following acts:

a) Incorrectly or insufficiently provide information about the tourist attraction or tourist resort;

b) Failing to bring the tour schedule and assignment sheet of the travel service provider when guiding the tour;

c) Failing to instruct tourists to observe Vietnam’s laws and the regulations of the tourist attraction, and to respect the local tradition and custom;

d) Failing to provide sufficient information about the tour schedule for tourists or their representative.

3. Fines of from 2,000,000 VND to 3,000,000 VND for one of the following acts:

a) Failing to have a labor contract with the travel service provider;

b) Failing to disseminate the safety measures to secure the life, health, and property of tourists during the tour;

c) Letting others to use the tour guide’s card, the narrator’s certificate;

c) Using other’s  tour guide’s card, the narrator’s certificate;

dd) Using expired tour guide’s card;

e) Providing inaccurate information in the application for the issuance or the replacement of the tour guide’s card or narrator’s certificate.

4. Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:

a) Erasing and changing the contents of the tour guide’s card, the narrator’s certificate;

b) Using a domestic tour guide’s card to guide foreign tourists.

c) Giving narration at a tourist resort or tourist attraction without the narrator’s certificate.

5. Fines of from 5,000,000 VND to 10,000,000 VND for one of the following acts:

a) Guiding tourists without wearing the tour guide’s card as prescribed;

b) Using a fake tour guide’s card or narrator’s certificate;

c) Arbitrarily changing the tour schedule, cutting the services, or lower the standards provided for tourists;

d) Providing incorrect information about the Vietnam’s culture, history, and people, damaging the image, tradition, ethics, and traditional custom of Vietnam;

dd) Taking advantage of the tour to provide information that affect social security and order;

e) Taking tourists to prohibited areas;

g) Collecting money outside contract or other illegal collection from tourists;

6. Fines of from 10,000,000 VND to 20,000,000 VND for foreigners guiding tours in Vietnam.

7. Forms of additional penalties:

a) Depriving the right to use the tour guide’s card up to 12 months, applicable to the acts of violations prescribed in Point d Clause 2; Point c, d, dd, e and g Clause 5 this Article;

b) Depriving the right to use the tour guide’s card for 12 – 24 months, applicable to the acts of violations prescribed in Point c Clause 3; Point a and b Clause 4 or the recommitment of the violations prescribed in Point a, b and c Clause 2; Point a and b Clause 3; Point c, d, dd, e and g Clause 5 this Article;

c) Depriving the right to use the narrator’s certificate 12 - 24 months, applicable to the acts of violations prescribed Point c Clause 3, and Point a Clause 4 this Article;

d) Confiscating the exhibits of violations, applicable to the acts of violations prescribed in Point d, dd, and e Clause 3, and Point b Clause 5 this Article.

8. Remedial measures:

Returning to the tourists or remitting to the State budget the property illegally taken from tourists, applicable to the acts of violations prescribed in Point c, g Clause 5 this Article.

Article 8. Violations of provisions on tourist transportation

1. Fines of from 1,000,000 VND to 2,000,000 VND per vehicle for using less-than-9-seat vehicles of which the amenities are not adequate as prescribed to transport tourists.

2. Fines of from 2,000,000 VND to 3,000,000 VND per vehicle for using 9-to-24-seat vehicles of which the amenities are not adequate as prescribed to transport tourists.

3. Fines of from 3,000,000 VND to 4,000,000 VND per vehicle for using more-than-24-seat vehicles of which the amenities are not adequate as prescribed to transport tourists.

4. Fines of from 4,000,000 VND to 5,000,000 VND per vehicle for using caravans or double-deckers of which the amenities are not adequate as prescribed to transport tourists.

5. Fines of from 2,000,000 VND to 3,000,000 VND for one of the following acts:

a) Changing the transportation schedule without the consent from tourists;

b) Failing to install the plate of standard tourist vehicle as prescribed by law;

c) Employing drivers without the certificate of tourism knowledge;

d) Employing tour attendants without the certificate of tourism knowledge;

6. Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:

a) Failing to comply with the regime for reporting to the Services of Culture, Sports and Tourism and the Services of Transport as prescribed by law;

b) Failing to apply for a plate of standard tourist vehicle as prescribed by law;

c) Failing to buy insurance for tourists on the vehicle.

7. Fines of from 5,000,000 VND to 7,000,000 VND for one of the following acts:

a) Using fake plates of standard tourist vehicle to do business;

b) Posing as tourist vehicles

8. Forms of additional penalties:

Revoking the plate of standard tourist vehicle, applicable to the acts of violations prescribed in Point a Clause 7 this Article.

9. Remedial measures:

a) Complement the amenities of the tourist vehicle to ensure the health, life, and property of tourists, applicable to the acts of violations prescribed in Clause 1, 2, 3 and 4 this Article;

b) Installing the plate of standard tourist vehicle, applicable to the acts of violations prescribed in Point c Clause 5 this Article;

c) Complying with the reporting regime, applicable to the acts of violations prescribed in Point a Clause 6 this Article.

Article 9. Violations of the establishment and operation of branches and representative offices of foreign tourism companies in Vietnam

For the violations of the establishment and operation of branches and representative offices of foreign tourism companies in Vietnam, the Clause 1, 2, 3 and 4 Article 13; Clause 1, 2, 3 and 4 Article 14 of the Government's Decree No. 06/2008/NĐ-CP dated January 16, 2008 on penalties for administrative violations of trade shall apply.

SECTION 2.  VIOLATIONS OF PROVISIONS ON TOURISM ACCOMMODATIONS

Article 10. Violations of provisions on tourism accommodations

1. Fines of from 1,000,000 VND to 3,000,000 VND for one of the following acts:

a) Failing to notify in writing the commencement date of the lodging establishment to the local Services of Culture, Sports and Tourism within 15 days as from the commencement date of the lodging establishment;

b) Failing to notify in writing the change of the head, or the name of the lodging establishment to the Service of Culture, Sports and Tourism within 15 days as from the change;

c) Failing to notifying in writing the telecommunication surcharge of the lodging establishment rated by the Services of Culture, Sports and Tourism, the Services of Information and Communications within 15 days as from the commencement date.

2. Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:

a) Failing to comply with the provisions on the signboard and rating of lodging establishments;

b) Failing to put on the rating board after being rated by the Vietnam National Administration of Tourism and the Services of Culture, Sports and Tourism;

c) Failing to promulgate the internal regulation of the lodging establishment;

d) Failing to clearly and transparently provide information about the quantity, quality, and prices of goods and services for tourists;

dd) Failing to put on the Decision on the rating of the lodging establishment at a noticeable position at the reception counter.

3. Fines of from 5,000,000 VND to 7,000,000 VND for one of the following acts:

b) Failing to comply with, or incorrectly implementing, the regulations on making and keeping documents about the business of the lodging establishment as prescribed by law;

b) The quantity and size of hospitality rooms is not consistent with the rating of the lodging establishment as prescribed by law;

c) Failing to satisfying the standards for the parking lot, internal traffic, and the reception hall;

b) Failing to satisfy the standards and quantity of restaurants and bars as prescribed by law;

b) Failing to satisfy the standards for the kitchen area as prescribed by law;

b) Failing to satisfy the standards and quantity of conference rooms and seminar rooms and bars as prescribed by law;

g) Failing to satisfy the standards for other equipment and amenities as prescribed by law;

b) Failing to satisfy the standards for the kitchen area as prescribed by law;

i) The professional skills, and foreign language skills of managers and employees are not satisfactory as prescribed by law;

4. Fines of from 7,000,000 VND to 10,000,000 VND for one of the following acts:

a) Using vehicles and equipment that do not ensure the health, life, and property of tourists as prescribed by law;

b) Failing to comply with the regime for reporting to the Services of Culture, Sports and Tourism as prescribed by law;

g) Failing to complement the equipment, facilities, services, professional skills, and foreign language skills of managers and employees consistently with the rating standards set by the tourism management agency;

5. Fines of from 10,000,000 VND to 15,000,000 VND for one of the following acts:

a) Failing to register for the appraisal and rating with the local Services of Culture, Sports and Tourism after 3 months as from the commencement date of the lodging establishment;

a) Failing to register for the appraisal and rating with the local Services of Culture, Sports and Tourism 3 months before the expiration date of the rating;

c) Using stars in the lodging establishment or on publications, billboards, signboards, utensils, or equipment in the lodging establishment without being rated, or inconsistently with the rating given.

6. Fines of from 15,000,000 VND to 20,000,000 VND for one of the following acts:

a) Using the lodging establishment name, transaction name, and abbreviated name inconsistently with that registered with competent State agencies to do business;

b) Collecting money outside contract or other illegal collection from tourists;

c) Collecting service charges improperly.

7. Fines of from 20,000,000 VND to 25,000,000 VND for providing lodging services after notifying its suspension or the shut down, or having the business suspended by competent State agencies.

8. The provisions in Clause 1 – 6 of this Article are also applicable to guest houses of Ministries, sectors and localities that provide tourist lodging services.

9. Forms of additional penalties:

Confiscating the exhibits of violations, applicable to the acts of violations prescribed in Point a Clause 4 and Clause 8 this Article.

10. Remedial measures:

a) Complementing the equipment, facilities, services, professional skills, and foreign language skills of managers and employees consistently with the rating standard of the lodging establishment as prescribed by law, applicable to the acts of violations prescribed in Point b, c, d, dd, e, g, h and i Clause 3, and Point c Clause 4 this Article;

b) Complementing the vehicles and equipment that ensure the health, life, and property of tourists, applicable to the acts of violations prescribed in Point a Clause 4 this Article;

c) Returning to the tourists or remitting to the State budget the property illegally taken from tourists, applicable to the acts of violations prescribed in Point b, c Clause 6 this Article.

d) Removing and destructing the violating publications, billboards, signboards, items, and equipment, regarding acts of violations prescribed in Point a Clause 2 and Point c Clause 5 this Article;

dd) Putting on the plate indicating the rating of the lodging establishment consistently with the rating given by competent State agencies, applicable to the acts of violations prescribed in Point b Clause 2 this Article;

Article 11. Violations of provisions on providing conditional goods and services in lodging establishments

Fines of from 3,000,000 VND to 5,000,000 VND for failing to register in writing with competent State agencies when providing conditional goods and services in a rated lodging establishment.

SECTION 3. VIOLATIONS OF PROVISIONS ON TOURISM PROMOTION

Article 12. Violations of provisions on tourism promotion

1. Fines of from 5,000,000 VND to 7,000,000 VND for one of the following acts:

a) The contents of the tourism dissemination products are not consistent with the announce national tourism database;

b) Failing to implement, or incorrectly implementing, the announced tourism promotion program;

c) Advertising tourisms products inconsistently with the actual quality;

d) Using tourism dissemination products without or with incorrect titles and symbols provided by the Vietnam National Administration of Tourism.

2. Fines of from 7,000,000 VND to 10,000,000 VND for taking advantage of tourism promotion to damage the lawful rights and interests of other organizations and individuals.

3. Remedial measures:

Removing and destructing the items serving tourism dissemination, terminating the dissemination programs, applicable to the acts of violations prescribed in Point a, c and d Clause 1 this Article.

SECTION 4. VIOLATIONS OF PROVISIONS ON OTHER TOURISM ACTIVITIES.

Article 13. Violations of provisions on tourism resources and tourism development planning

Fines of from 10,000,000 VND to 15,000,000 VND for extracting tourism resources in contravention of laws in tourist resorts, tourist attractions, or areas planed for tourism development.

Article 14. Violations of provisions on tourism environment protection

1. Fines of from 1,000,000 VND to 3,000,000 VND for not posting the regulation on environment protection at noticeable places in lodging establishments, tourist resorts, tourist attractions, or means tourist transport.

2. Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:

a) Failing to have public sanitation that satisfy the requirements for environmental hygiene in lodging establishments, tourist resorts, tourist attractions, or means tourist transport as prescribed;

b) Failing to classify waste as prescribed in lodging establishments, tourist resorts, tourist attractions, or means tourist transport;

c) Failing to arrange people to monitor the tourism environment protection consistently with the rating of the lodging establishment as prescribed by law.

3. Fines of from 5,000,000 VND to 7,000,000 VND for one of the following acts:

a) Failing to collect and treat waste as prescribed in lodging establishments, tourist resorts, tourist attractions, or means tourist transport;

b) Infringing the living environment of wild animals in areas with tourism resources;

c) Damaging the plants and floristic composition in areas with tourism resources.

4. Fines of from 7,000,000 VND to 10,000,000 VND for one of the following acts:

a) Failing to make annual reports on the tourism environment protection as prescribed by law;

a) Failing to arrange means of collecting and treating waste to satisfy the requirements for environmental hygiene in lodging establishments, tourist resorts, tourist attractions, and means tourist transport;

5. Forms of additional penalties:

Confiscating the exhibits of violations, applicable to the acts of violations prescribed in Point b and c Clause 3 this Article.

6. Remedial measures:

Rectifying the environment pollution caused by the acts of violations prescribed in Point a and b Clause 2, Point a Clause 3, and Point b Clause 4 this Article.

Article 15. Violations of provisions on the business management and operation in tourist resorts and tourist attractions

Fines of from 1,000,000 VND to 3,000,000 VND for one of the following acts:

1. Failing to promulgate the internal regulation on the management of the tourist resort or tourist attraction;

2. Promulgating illegitimate internal regulation on the management of the tourist resort or tourist attraction;

3. Violating the regulation of the tourist resort or tourist attraction.

Article 16. Penalties for the acts of obstructing the inspections and imposition of penalties for administrative violations.

1. Fines of from 3,000,000 VND to 5,000,000 VND for refusing to decision on inspection or enforcing the implementation of the decision of imposing penalties for administrative violations.

2. Fines of from 5,000,000 VND to 7,000,000 VND for one of the following acts:

a) Failing to make declaration or incorrectly or unpunctually making declaration at the request of the authorized person or competent State management agencies;

h) Failing to provide or providing insufficient information and documents related to the inspection and imposition of penalties for administrative violations;

c) Obstructing the work or the Inspectorate, inspectors, or persons assigned to carry out inspections;

d) Insulting or threatening the persons in charge of the inspection and handling of violations.

3. Fines of from 7,000,000 VND to 10,000,000 VND for one of the following acts:

a) Delaying, avoiding implementing the administrative decisions and decisions on inspection of competent persons or competent agencies;

b) Arbitrarily breaking the seal on the exhibits and means of violations, or changing the scene of the administrative violations;

c) Hiding, changing, swapping the inspected or impounded exhibits;

d) Assaulting persons on duty.

4. Forms of additional penalties:

Confiscating the exhibits of violations, applicable to the acts of violations prescribed in Point b and c Clause 3 this Article.

5. Remedial measures:

c) Complying with the decision made by competent persons or competent agencies, applicable to the acts of violations prescribed in Clause 1, Point a and b Clause 2, and Point a Clause 3 this Article.

Chapter 3.

AUTHORITY TO IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS

Article 17. Authority to impose penalties for administrative violations of Presidents of People’s Committees at all levels

The Presidents of People’s Committees at all levels are entitled to impose penalties, in accordance with Clause 4 and 5 Article 1 of the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations 2008, Article 30 of the Ordinance on Handling administrative violations 2002, amended in the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations 2008, for the acts of administrative violations committed locally as prescribed in this Decree.

Article 18. Authority to impose penalties for administrative violations of Inspectors of Culture, Sports and Tourism

1. Inspectors of Culture, Sports and Tourism on duty are entitled to:

a) Issue warnings;

b) Impose fines of up to 500,000 VND;

c) Confiscate the exhibits and means of administrative violations valued at up to 2,000,000 VND;

d) Take the remedial measures prescribed in Point a, b, d, dd, e, g, h, i, k, l and m Clause 3 Article 3 this Article;

dd) Exercise other rights as prescribed by law provisions on handling administrative violations.

2. The Chief inspectors of the Services of Culture, Sports and Tourism is entitled to:

a) Issue warnings;

b) Impose fines of up to 30,000,000 VND;

c) Deprive the right to use Licenses and practice certificates under their management;

d) Confiscate the exhibits and means of administrative violations;

d) Take the remedial measures prescribed in Clause 3 Article 3 this Article;

e) Exercise other rights as prescribed by law provisions on handling administrative violations.

3. The Chief inspectors of the Ministry of Culture, Sports and Tourism is entitled to:

a) Issue warnings;

b) Impose fines of up to the maximum rate in the tourism industry;

c) Deprive the right to use Licenses and practice certificates under their management;

d) Confiscate the exhibits and means of administrative violations;

d) Take the remedial measures prescribed in Clause 3 Article 3 this Article;

e) Exercise other rights as prescribed by law provisions on handling administrative violations.

Article 19. Authority to impose penalties for administrative violations of the Police, the Border guard, and the Coastguard

The Police, the Border guard, and the Coastguard are entitled to impose penalties, in accordance with Clause 6, 7, and 8 Article 1 of the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations 2008, and Article 37 of the Ordinance on Handling administrative violations 2002, for the acts of administrative violations related to the sectors under their management as prescribed in this Decree.

Article 20. Authority to impose penalties of inspectors from other sectors

Within the State management authority prescribed by the Government, the inspectors and Chief inspectors of other sectors are entitled to impose penalties for administrative violations of tourisms prescribed in this Decree that are related to the sectors under their management.

Article 21. The form of Records and Decisions used to impose penalties for administrative violations of tourism

The form of Records and Decisions used to impose penalties for administrative violations of tourism are promulgated together with this Decree.

Chapter 4.

IMPLEMENTATION PROVISIONS

Article 22. Effects

1. This Decree takes effect on April 30, 2012.

2. This Decree supersedes the Government's Decree No. 149/2007/NĐ-CP dated October 09, 2007 on penalties for administrative violations of tourism.

Article 23. Implementation responsibilities

1. The Minister of Culture, Sports and Tourism is responsible for organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of central-affiliated cities and provinces are responsible for implementing this Decree.

 

 

FOR THE GOVERNMENT
THE PRIME MINISTER




Nguyen Tan Dung

 

 


------------------------------------------------------------------------------------------------------
This translation is made by LawSoft and for reference purposes only. Its copyright is owned by LawSoft and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed

Đã xem:

Đánh giá:  
 

Thuộc tính Văn bản pháp luật 16/2012/ND-CP

Loại văn bảnNghị định
Số hiệu16/2012/ND-CP
Cơ quan ban hành
Người ký
Ngày ban hành12/03/2012
Ngày hiệu lực30/04/2012
Ngày công báo...
Số công báo
Lĩnh vựcVăn hóa - Xã hội, Vi phạm hành chính
Tình trạng hiệu lựcHết hiệu lực 01/01/2014
Cập nhật5 năm trước
Yêu cầu cập nhật văn bản này

Download Văn bản pháp luật 16/2012/ND-CP

Lược đồ Decree No. 16/2012/ND-CP on penalties for administrative violations of tourism


Văn bản bị sửa đổi, bổ sung

    Văn bản sửa đổi, bổ sung

      Văn bản bị đính chính

        Văn bản được hướng dẫn

        Văn bản đính chính

          Văn bản hiện thời

          Decree No. 16/2012/ND-CP on penalties for administrative violations of tourism
          Loại văn bảnNghị định
          Số hiệu16/2012/ND-CP
          Cơ quan ban hànhChính phủ
          Người kýNguyễn Tấn Dũng
          Ngày ban hành12/03/2012
          Ngày hiệu lực30/04/2012
          Ngày công báo...
          Số công báo
          Lĩnh vựcVăn hóa - Xã hội, Vi phạm hành chính
          Tình trạng hiệu lựcHết hiệu lực 01/01/2014
          Cập nhật5 năm trước

          Văn bản hướng dẫn

            Văn bản được hợp nhất

              Văn bản gốc Decree No. 16/2012/ND-CP on penalties for administrative violations of tourism

              Lịch sử hiệu lực Decree No. 16/2012/ND-CP on penalties for administrative violations of tourism