Nghị định 180/2013/ND-CP

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF GOVERNMENT’S DECREE NO. 92/2007/ND-CP DATED JUNE 01, 2007, DETAILING IMPLEMENTATION OF A NUMBER OF ARTICLES OF LAW ON TOURISM

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

Pursuant to the June 14, 2005 Law on tourism;

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

The Government promulgates Decree amending and supplementing a number of articles of Government’s Decree No. 92/2007/ND-CP dated June 01, 2007, detailing implementation of a number of articles of Law on tourism,

Article 1. To amend and supplement a number of articles of Government’s Decree No. 92/2007/ND-CP dated June 01, 2007, detailing implementation of a number of articles of Law on tourism as follows:

1. To amend name of Article and supplement Clause 3 Article 10 as follows:

“Article 10. Management of tourist resorts and tourist spots

3. Content of managing tourist spots:

a) To comply with provisions at Points g, i, k and l Clause 1 Article 10;

b) To ensure participation of population communities in tourist activities as prescribed in Article 7 of Law on tourism;

c) To ensure environmental hygiene, fire and explosion prevention, security and safety for tourists;

d) To publicize specific master plans on development of tourist spots for natural tourist spots with natural tourist resource.”

2. To supplement Articles 12a, 12b and 12c into behind Article 12 as follows:

“Article 12a. Travel business

Travel business includes the following trades:

1. Domestic travel business;

2. International travel business:

a) Travel business for tourists entering Vietnam;

b) Travel business for tourists going abroad;

c) Travel business for tourists entering Vietnam and tourists going abroad;

3. Travel agent business.

Article 12b. Withdrawal of International travel business permits

International travel business permits may be withdrawn in the following cases:

1. Cases prescribed at Points a, b and d Clause 3 Article 47 of Law on tourism;

2. Cases prescribed at Point c Clause 3 Article 47 of Law on tourism include:

a) Enterprises infringing one of provisions at Points 1, 3, 4, 5 or 7 Article 12 of Law on tourism;

b) Enterprises trade in international travel improperly with trades, business scope being licensed;

c) Enterprises fail to perform full obligations specified at Clause 5 Article 40 of Law on tourism, cause harms to lives of tourists; 

d) Enterprises fail to change permits as prescribed in Article 49 of Law on tourism;

dd) Enterprises fail to report result of travel business operation in 18 consecutive months;

e) Enterprises fail to satisfy one of conditions for international travel business specified at Clause 3 and Clause 5 Article 46 of Law on tourism;

g) Enterprises are sanctioned administratively on act of infringing conditions for travel business specified at Clause 4 Article 46 of Law on tourism;

h) Forging dossiers, papers to be granted, changed, re-granted International travel business permits.

Article 12c. Procedures for withdrawal of International travel business permits

1. Procedures for withdrawal of permits in case where an enterprise terminates operation of international travel business as prescribed at point a Clause 3 Article 47 of Law on tourism are specified as follows:

a) Within 10 days, after having decision on terminating operation, enterprise will send, directly or via post, 01 written notice of terminating operation of international travel business (according to form specified in Annex promulgated together with this Decree) enclosed with the granted international travel business permit and report on contracts of international travel which are still in effect, plan on performing responsibilities for contracts of international travel which are still in effect, to The Ministry of Culture, Sports and Tourism;

b) Within 05 working days, after receiving a valid and full dossier being sent by enterprise, The Ministry of Culture, Sports and Tourism shall issue decision on withdrawal of international travel business permit applicable to enterprise, send decision on withdrawal of permit to the enterprise; the state agencies on immigration; state agencies on tourism, taxation, business registration at provincial level where enterprise locates its head office and announce information of enterprise withdrawn permit on the website managing enterprises of travel business;   

In case of insufficient and invalid dossier, within three (03) working days, after receiving such dossier, The Ministry of Culture, Sports and Tourism must notify enterprise in writing for supplementation and completion of dossier;

c) After finishing responsibilities with tourists according to the signed international travel contracts, enterprise will report in writing to The Ministry of Culture, Sports and Tourism about the finishing of responsibilities enclosed with documents proving the finishing of those responsibilities. The Ministry of Culture, Sports and Tourism shall consider and issue document for enterprise to be refunded the deposit money as prescribed by law.

2. Procedures for withdrawal of international travel business permits for cases specified at point b and point d Clause 3 Article 47 of Law on tourism, Clause 2 Article 12b amended at Clause 2 Article 1 of this Decree are specified as follows:

a) The Ministry of Culture, Sports and Tourism shall notify in writing about violation and request enterprise for providing written explanation;

b) 10 days, after ending time limit of providing explanation, if enterprise fails to send written explanation or provide an inconsistent explanation, the Ministry of Culture, Sports and Tourism shall issue decision on withdrawal of international travel business permit of enterprise, send decision on withdrawal of permit to the enterprise; the state agencies on immigration; state agencies on tourism, taxation, business registration at provincial level where enterprise locates its head office and announce information of enterprise withdrawn permit on the website managing enterprises of travel business; 

c) Within 30 days, after the effective day of decision on withdrawal of permit, enterprise must return the granted permit to The Ministry of Culture, Sports and Tourism and reports about the international travel contracts in effect, plan of implementing responsibilities applicable to the international travel contracts which are still in effect;

d) After finishing responsibilities with tourists according to the signed international travel contracts, enterprise will report in writing to the Ministry of Culture, Sports and Tourism about the finishing of responsibilities enclosed with documents proving the finishing of those responsibilities. The Ministry of Culture, Sports and Tourism shall consider and issue document for enterprise to be refunded the deposit money as prescribed by law.”

3. Article 15 is amended and supplemented as follows:

“Article 15. Deposit in International travel business

Deposit in International travel business is prescribed as follows:

1. An international travel enterprise must make a deposit in accordance with regulations.  Deposit money of enterprise must be sent into account at bank and enjoyed interest according to agreement between enterprise and bank receiving deposit in conformity with regulations of law.

2. The deposit level in International travel business:

a) 250,000,000 VND for travel business enterprises for tourists entering Vietnam;

b) 500,000,000 VND for travel business enterprises for tourists going abroad or for tourists entering Vietnam and tourists going abroad.

3. The deposit money of international travel enterprise shall be used to settle issues arising in case the enterprise fail to perform or perform insufficiently its obligations in travel business operation.

4. Deposit money in travel business will be returned to enterprise in the following cases:

a) Having a notice of The Ministry of Culture, Sports and Tourism which states that enterprise is not granted the international travel business permit;

b) Having a decision of The Ministry of Culture, Sports and Tourism which states the withdrawal of international travel business permit of enterprise.

c) Having a decision of agencies issuing certificate of investment which states the withdrawal of certificate of investment or deletes the travel business line in certificate of investment of travel business enterprise with foreign capital

5. The Ministry of Culture, Sports and Tourism, the State bank of Vietnam shall specify the management and use of deposit money of enterprises.”

4. To amend Clause 2 Article 36 as follows:

“2. The Ministry of Culture, Sports and Tourism shall coordinate with state agencies competent to tourist resorts, tourist sites in providing for training, re-training specialized and professional operations, standards of grant and withdrawal of certificates of narrators.”

5. To supplement Clause 1a in front Clause 1 Article 43 as follows:

 “1a. The Ministry of Finance shall submit the Government for amendments and supplementations of kinds of charges and fees related to tourism into list of charges and fees.” 

6. To annul Article 42.

Article 2. Transitional provisions

Enterprises, which have been granted international travel business permits before this Decree takes effect may continue operation according to their permits but, within 12 months after this Decree takes effect, must re-register scope of travel business and supplement fully conditions for travel business in accordance with this Decree.

Article 3. Effect

1. This Decree takes effect on January 01, 2014.

2. Ministries, Heads of ministerial-level agencies, Heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities shall implement this Decree.