Nghị định 50/2002/ND-CP

DECREE

ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE FIELD OF TOURISM

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of December 25, 2001;
Pursuant to the Ordinance on the Handling of Administrative Violations of July 6, 1995;
Pursuant to Tourism Ordinance No.11/1999/PL-UBTVQH10 of February 8, 1999;
At the proposal of the General Director of Tourism,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

1. Administrative violations in the field of tourism are acts unintentionally or intentionally committed by individuals or organizations, violating the State’s regulations in tourist activities, but not seriously enough for penal liability examination.

2. Administrative violations in the field of tourism prescribed in this Decree include: Acts of violating the regulations on State management over activities of tourist guides; tour business activities; tourist accommodation business establishments activities; activities harming landscapes and the environment, infringing upon order and security at tourist zones and sites, and other acts of violation in the field of tourism.

Article 2.- Objects of application

1. Organizations and individuals that commit acts of administrative violation in the field of tourism shall all be sanctioned according to the provisions of this Decree and other relevant law provisions on sanctioning administrative violations.

2. Foreign organizations and individuals that commit acts of administrative violation in the field of tourism on the Vietnamese territory shall be sanctioned like Vietnamese organizations and individuals, except otherwise provided for by the international treaties which Vietnam has signed or acceded to.

3. Minors who commit acts of administrative violation in the field of tourism shall be sanctioned according to the provisions at Point a, Clause 1, Article 5 and Article 6 of the Ordinance on the Handling of Administrative Violations.

Article 3.- Principles for the sanctioning of administrative violations in the field of tourism

1. The sanctioning of administrative violations in the field of tourism must be carried out by competent persons in strict compliance with law provisions.

2. All acts of administrative violation in the field of tourism must be promptly detected and handled in strict compliance with the provisions of this Decree and immediately stopped. The sanctioning must be carried out in a quick, just and transparent manner and in strict compliance with law provisions.

3. One act of administrative violation in the field of tourism shall be sanctioned only once. One person who commits many acts of administrative violation shall be sanctioned for each of his/her acts of violation. It several persons jointly commit one act of administrative violation, each violator shall be sanctioned.

4. The sanctioning of administrative violations must be based on their nature and seriousness, personal backgrounds of violators as well as extenuating and/or aggravating circumstances prescribed in Articles 7 and 8 of the Ordinance on the Handling of Administrative Violations, so as to decide on sanctioning forms, sanctioning levels and other remedies in compliance with law provisions.

5. Decisions on sanctioning administrative violations in the field of tourism must be made in writing, while all sanctioned acts of administrative violation must be recorded in dossiers which shall be kept at the sanctioning bodies for durations prescribed by law.

6. Administrative violations committed in cases of emergency, legitimate self-defense, unexpected events or those committed by persons who suffer from mental diseases or other illnesses, which render them incapable of being aware of or controlling their acts, shall not be sanctioned.

Article 4.- The statute of limitations for sanctioning administrative violations in the field of tourism

The statute of limitations for sanctioning administrative violations in the field of tourism shall comply with the provisions in Article 9 of the Ordinance on the Handling of Administrative Violations.

Article 5.- Application of forms of administrative sanctions and other measures

1. When sanctioning administrative violations in the field of tourism, the persons with sanctioning competence shall only be allowed to apply the sanctioning forms and other remedies prescribed in this Decree and other provisions of the legislation on sanctioning administrative violations.

2. The principal sanctioning forms:

a/ Caution: shall apply to minor, first-time violations and violations with extenuating circumstances;

b/ Fine: Fine levels already prescribed in the fine bracket shall be decided, depending on the nature and seriousness of violations as well as aggravating or extenuating circumstances.

Violations with extenuating circumstances may be imposed with lower fine levels, which, however, must not be lower than the lowest level of the fine bracket prescribed by law.

Violations with aggravating circumstances may be imposed with up to the highest level of the fine bracket prescribed by law.

3. Depending on the nature and seriousness of violations, organizations or individuals that commit acts of violation in the field of tourism may also be sanctioned with one or several of the following additional sanctioning forms:

a/ Withdrawal of international tour business licenses or tourist guide’s cards;

b/ Confiscation of material evidences or means used in the administrative violations.

4. Besides the sanctioning forms prescribed in Clauses 2 and 3 of this Article, organizations or individuals that commit administrative violations in the field of tourism may also be subject to one or several of the measures prescribed in Clause 3, Article 11 of the Ordinance on the Handling of Administrative Violations.

5. The additional sanctioning forms and other measures shall be applied in conjunction with the principal sanctioning forms.

6. When carrying out the sanctioning, if detecting that administrative violations fall under the sanctioning competence of other functional bodies, the sanctioning persons shall have to make written records of such violations and transfer them to the competent functional bodies for handling.

Chapter II

ACTS OF ADMINISTRATIVE VIOLATION IN THE FIELD OF TOURISM, SANCTIONING FORMS AND LEVELS

Article 6.- Violations of regulations on activities of tourist guides

1. A caution or a fine of between VND 100,000 and 200,000 shall be imposed for one of the following acts:

a/ Failing to provide tourists with adequate guidance for observance of laws and other relevant legal provisions on residence, movement, customs procedures, internal regulations on accident prevention and internal rules of sites where they visit or tour;

b/ Failing to fully observe the regime of keeping the diary on tourist programs;

c/ Failing to wear tourist guide’s cards when guiding tourists;

d/ Failing to provide adequate information on tourist programs to tourists, including their rights and obligations;

e/ Failing to adequately guide tourists on measures, to protect their safety, life and property.

2. A fine of between VND 200,000 and 500,000 shall be imposed for one of the following acts:

a/ Guiding foreign tourists without having entered into labor contracts with tour business enterprises;

b/ Distorting the content of tourist guide’s cards;

c/ Leasing or lending tourist guide’s cards to other persons.

3. A fine of between VND 500,000 and 1,000,000 shall be imposed for one of the following acts:

a/ Taking acts or making speeches contrary to the fine traditions and customs, thus badly affecting the image and cultural identity of Vietnam;

b/ Taking tourists to areas banned from visit or sightseeing, except where it is so permitted by the competent State agencies;

c/ Changing tourist programs already informed to tourists without consents of tourists and program-organizing enterprises;

d/ Finding excuses to collect money from tourists in contravention of regulations;

e/ Reducing accommodation criteria and services, which tourists expect to enjoy, without the latter’s consents;

f/ Showing discriminatory attitude against tourists, thus provoking their discontent;

4. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for acts of guiding tourists without tourist guide’s cards.

5. Additional sanctioning forms:

Tourist guides may have their tourist guide’s cards withdrawn for a definite or indefinite time, for one of acts prescribed at Points a, b and c, Clause 2 or at Points a, b, c, d, e and f, Clause 3 of this Article.

Article 7.- Violations of regulations on tour business

1. Caution or a fine of between VND 200,000 and 1,000,000 shall be imposed for one of the following acts:

a/ Failing to notify in writing the time of commencing tour business activities to the agencies in charge of State management over tourism in the provinces or centrally-run cities where enterprises are headquartered within 15 days after such enterprises officially commence their operation;

b/ Failing to notify in writing the change of directors, headquarters and temporary cessation or termination of business operation to the agencies in charge of State management over tourism in the provinces or centrally-run cities where enterprises are headquartered within 15 days after the enterprises change their directors, headquarters or temporary cease or terminate their business operations;

c/ Failing to notify in writing the change of names and/or addresses of branches and/or representative offices to the agencies in charge of State management over tourism in the provinces or centrally-run cities where enterprises are headquartered and those in the provinces or centrally-run cities where their branches and/or representative offices are located within 15 days after such branches and/or representative offices are renamed or relocated;

d/ Failing to notify in writing the setting up of branches and/or representative offices to the agencies in charge of State management over tourism in the provinces or centrally-run cities where enterprises are headquartered within 15 days after such branches and/or representative offices officially commence their operation;

e/ Failing to provide adequate information on tourist programs to tourists;

f/ Failing to guide tourists in the observance of the Vietnamese laws and the State�s regulations on security and social order and safety; protection of the environment and tourist resources, preservation of the cultural identity, fine traditions and customs of Vietnam;

g/ Failing to apply measures to ensure the health, life and property of tourists;

h/ Failing to observe or improperly observing the regime of keeping dossiers and documents as well as the reporting regime prescribed by law;

i/ Losing international tour business licenses without notifying such to the licensing agencies within 7 days after such licenses are lost.

2. A fine of between VND 1,000,000 and 5,000,000 shall be imposed for one of the following acts:

a/ Failing to properly undertake the already contracted tourist programs;

b/ Failing to fully provide the already advertised services to tourists, both quantitatively and qualitatively;

c/ Using transport means not in compliance with provisions of law;

d/ Taking tourists to the tourist accommodation establishments that have no business registration as prescribed by law;

e/ Using tourist guides who have no guide’s cards to guide foreign tourists;

f/ Failing to manage tourists entering Vietnam for tourist purposes from their entry till their exit;

g/ Failing to manage tourists leaving Vietnam for foreign countries for tourist purposes from their exit till their entry;

h/ Conducting the international tour business without having three or more tourist guides already granted the tourist guide’s cards.

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:

a/ Conducting tour business without setting up an enterprise;

b/ Conducting tour business activities while having no function to do so;

c/ Letting other organizations and/or individuals use one’s own legal person status or enterprise name for tour business activities;

d/ Continuing tour business activities after having made notification on temporary cessation or termination of such activities;

e/ Continuing tour business activities after having business registration certificates withdrawn or being compelled to dissolve;

f/ Conducting business activities not in line with contents inscribed in licenses or business registration certificates;

g/ Failing to make sufficient deposits prescribed in Articles 4 and 6 of the Government’s Decree No.27/2001/ND-CP of June 5, 2001 on tour business and tourist guide business;

h/ Conducting the international tour business without international tour business licenses or using international tour business licenses of other enterprises;

i/ Distorting contents of international tour business licenses;

j/ Leasing or lending international tour business licenses to others;

k/ Failing to manage branches or representative offices according to the provisions of law.

4. The additional sanctioning forms:

Withdrawal of international tour business licenses for a definite or indefinite time, for one of the acts prescribed at Points f and g, Clause 2, or Points c, d, e, i and j, Clause 3 of this Article.

5. Acts of violation of regulations on setting up and operation of branches and representative offices of foreign enterprises and traders in Vietnam in the field of tourism shall be sanctioned according to the provisions in Clause 2, Article 1 of the Government’s Decree No.01/2002/ND-CP of January 3, 2002 amending and supplementing a number of articles of the Government’s Decree No.01/CP of January 3, 1996 on sanctioning administrative violations in the field of trade.

Article 8.- Violations of regulations on dealing in tourist accommodation establishments

1. Caution or a fine of between VND 200,000 and 1,000,000 shall be imposed for one of the following acts:

a/ Failing to notify in writing the time of commencing, temporarily ceasing or terminating business operation of tourist accommodation establishments to the agencies in charge of State management over tourism in the provinces or centrally-run cities within 15 days after the official commencement, temporary cessation or termination of business operation of such tourist accommodation establishments;

b/ Failing to carry out registration procedures with the competent agencies in charge of State management over tourism for categorization and classification of tourist accommodation establishments within 6 months after the official operation commencement;

c/ Failing to put up category or class signboards at already categorized or classified tourist accommodation establishments or putting up category or class signboards not in compliance with the provisions of law;

d/ Losing decisions on recognition of categorization or classification of tourist accommodation establishments without notifying such to the agencies that have issued such recognition decisions within 7 days after they are lost;

e/ Failing to take measures to ensure safety of health, life and property of staying guests;

f/ Failing to observe or improperly observing the regime of archiving dossiers and/or documents on business activities as well as the reporting regime prescribed by law;

g/ Failing to strictly comply with regulations on publication of internal rules at tourist accommodation establishments;

h/ Failing to manage staying guests according to the provisions of law.

2. A fine of between VND 200,000 and 500,000 shall be imposed for acts of leasing or lending decisions on recognition of category or class of tourist accommodation establishments or using decisions on recognition of category or class of a tourist accommodation establishment for another one.

3. A fine of between VND 1,000,000 and 5,000,000 shall be imposed for one of the following acts:

a/ Dealing in tourist accommodation establishments while having no function to do so;

b/ Failing to strictly comply with the provisions of law on naming tourist accommodation establishments;

c/ Continuing to deal in tourist accommodation establishments after having made notification on temporary cessation or termination of such business activities;

d/ Failing to give notification to competent agencies before trading in or providing conditional goods or services (applicable to accommodation establishments already recognized of one to five-star class).

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:

a/ Failing to maintain conditions regarding material bases, facilities and equipment prescribed for categories or classes of tourist accommodation establishments already recognized by the competent agencies in charge of State management over tourism;

b/ Trading in or providing conditional goods or services without licenses as prescribed by law (applicable to accommodation establishments not yet recognized of one to five-star class);

c/ Failing to ensure the conditions prescribed by law in the course of trading in or providing conditional goods or services by accommodation establishments;

d/ Employing persons, who fail to satisfy the law-prescribed conditions and criteria, to provide conditional services at tourist accommodation establishments;

e/ Particularly, acts of untruthfully advertising categories or classes of the already recognized tourist accommodation establishments shall be sanctioned according to the provisions of the Government’s Decree No.31/2001/ND-CP of July 26, 2001 on sanctioning administrative violations in the field of culture and information.

Article 9.- Violations of regulations on management of tourist zones and sites

1. Caution or a fine of between VND 20,000 and 200,000 shall be imposed for one of the following acts:

Selling goods or providing services at tourist zones or sites without permits of the competent State agencies.

2. A fine of between VND 500,000 and 5,000,000 shall be imposed for one of the following acts:

a/ Illegally using and/or exploiting the tourist resources for purposes of seeking profits or popularizing superstitions;

b/ Building projects or taking acts of digging or renovation, thus affecting the beautiful view, landscape and/or environment at tourist zones or sites.

c/ Damaging or deforming the tourist resources.

3. Particularly, acts of engaging in superstitious practices at tourist zones or sites shall be sanctioned according to the provisions of the Government’s Decree No.31/2001/ND-CP of June 26, 2001 on sanctioning administrative violations in the field of culture and information; acts of soliciting, tagging along or forcing tourists to buy goods or services shall be sanctioned according to the provisions of the Government’s Decree No.49/CP of August 15, 1996 on sanctioning administrative violations in the field of security and order; acts of encroaching upon land under the planning of tourist zones or sites shall be sanctioned according to the provisions of the Government’s Decree No.04/CP of January 10, 1997 on sanctioning administrative violations in the field of land management and use.

Article 10.- Sanctioning violations being acts of obstructing State officials or agencies from performing their tasks of inspecting and handling administrative violations in the field of tourism

1. Caution or a fine of between VND 200,000 and 1,000,000 shall be imposed for one of the following acts:

a/ Failing to produce or inadequately producing papers related to the inspection and handling of violations;

b/ Failing to declare or untruthfully and inadequately declaring contents related to the inspection.

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for one of the following acts:

a/ Impeding the inspection or control by State officials or agencies that are on duty;

b/ Deliberately delaying or shirking the execution of decisions on sanctioning of administrative violations;

c/ Dispersing material evidences involved in violations, which are inspected or kept in custody;

d/ Making deliberate absence in order to impede the inspection by State officials or agencies.

Chapter III

COMPETENCE AND PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE FIELD OF TOURISM

Article 11.- Competence of specialized tourist inspectors to sanction administrative violations in the field of tourism

1. Specialized tourist inspectors who are on duty have the right to:

a/ Serve cautions;

b/ Impose fines of up to VND 200,000 each;

c/ Apply the additional sanctioning forms and other measures prescribed at Point c, Clause 1, Article 34 of the Ordinance on the Handling of Administrative Violations.

2. Specialized tourist chief inspectors at the provincial/municipal service level have the right to:

a/ Serve cautions;

b/ Impose fines of up to VND 10,000,000 each;

c/ Withdraw tourist guide’s cards for a definite or indefinite time;

d/ Apply the additional sanctioning forms and other measures prescribed at Point c, Clause 2, Article 34 of the Ordinance on the Handling of Administrative Violations.

3. The specialized chief inspector of the General Administration of Tourism has the right to:

a/ Serve cautions;

b/ Impose fines of up to VND 20,000,000 each;

c/ Withdraw tourist guide’s cards for a definite or indefinite time;

d/ Propose the General Director of Tourism to withdraw international tour business licenses;

e/ Apply the additional sanctioning forms and other measures prescribed at Point c, Clause 3, Article 34 of the Ordinance on the Handling of Administrative Violations.

Article 12.- Competence of specialized tourist inspectors to sanction administrative violations in other relevant fields

Specialized tourist inspectors are competent to sanction administrative violations related to tourist activities according to the provisions on sanctioning of administrative violations prescribed in the Ordinance on the Handling of Administrative Violations and this Decree.

Article 13.- Competence of the presidents of People’s Committees at all levels to sanction administrative violations in the field of tourism

1. The presidents of the People’s Committees of communes, wards or district townships can apply the administrative violation-sanctioning forms prescribed in Article 26 of the Ordinance on the Handling of Administrative Violations in handling administrative violations in the field of tourism.

2. The presidents of the People’s Committees of urban or rural districts or provincial towns or cities can apply the administrative violation sanctioning forms prescribed in Article 27 of the Ordinance on the Handling of Administrative Violations in handling administrative violations in the field of tourism.

3. The presidents of the People’s Committees of provinces or centrally-run cities can apply the administrative violation sanctioning forms prescribed in Article 28 of the Ordinance on the Handling of Administrative Violations in handling administrative violations in the field of tourism.

Article 14.- Competence of the people’s police offices, market management forces and other specialized State inspection bodies to sanction administrative violations in the field of tourism

The competent persons of the police offices, market management forces and other specialized State inspection bodies can sanction administrative violations in the field of tourism according to the provisions of Articles 29, 33 and 34 of the Ordinance on the Handling of Administrative Violations within the ambit of their respective competence related to tourist activities.

Article 15.- Procedures for sanctioning administrative violations in the field of tourism

Procedures for sanctioning administrative violations in the field of tourism shall comply with the provisions in Articles 45, 46, 47, 48, 49, 50, 51, 52, 53, 54 and 55 of the Ordinance on the Handling of Administrative Violations.

Article 16.- Statute of limitations for executing decisions on sanctioning administrative violations in the field of tourism

The statute of limitations for executing decisions on sanctioning administrative violations in the field of tourism shall comply with Article 56 of the Ordinance on the Handling of Administrative Violations.

Article 17.- Handling of violations committed by the persons competent to sanction administrative violations in the field of tourism

The handling of violations committed by the persons competent to sanction administrative violations in the field of tourism shall comply with the provisions of Article 91 of the Ordinance on the Handling of Administrative Violations.

Article 18.- Complaints and denunciations

1. Citizens have the right to denounce to the competent State agencies administrative violations committed by organizations and individuals in the field of tourism or denounce violations committed by persons competent to sanction administrative violations in the field of tourism according to the provisions of the legislation on complaints and denunciations.

2. Individuals and organizations sanctioned for their administrative violations or their lawful representatives have the right to lodge complaints about administrative violation-sanctioning decisions according to the provisions of the legislation on complaints and denunciations.

3. The order and procedures for denouncing or complaining as well as the competence to settle denunciations and complaints about the sanctioning of administrative violations in the field of tourism shall comply with the provisions of the December 2, 1998 Law on Complaints and Denunciations and other relevant provisions of the legislation on complaints and denunciations.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 19.- Effect of the Decree

This Decree takes effect 15 days after its signing.

Article 20.- Responsibilities to implement the Decree

The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the provinces and centrally-run cities shall have to implement this Decree.