Nghị định 39/2000/ND-CP

DECREE

ON TOURIST ACCOMMODATION ESTABLISHMENTS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to Enterprises Law No. 13/1999/QH10 of June 12, 1999;
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.- This Decree provides for tourist accommodation establishments and the State management over tourist accommodation establishments in Vietnam.

Article 2.- Subjects of application

This Decree shall apply to all Vietnamese organizations and individuals of all economic sectors and foreign organizations and individuals operating under the Law on Foreign Investment in Vietnam and doing business in tourist accommodation establishments, except otherwise provided for by the legislation on foreign investment in Vietnam.

Article 3.- Doing business in tourist accommodation establishments

Organizations and individuals that satisfy all the conditions prescribed in Article 7 of this Decree can do business in tourist accommodation establishments.

The State protects the legitimate rights and interests of organizations and individuals and creates every conditions for all organizations and individuals of any economic sector to do business in tourist accommodation establishments and take part in developing tourist accommodation establishments according to the planning and plans.

Article 4.- Tourist accommodation establishments

Tourist accommodation establishments are establishments doing business in providing standardized rooms, beds and other services for tourists, including:

- Hotels.

- Tourist villages.

- Tourist business villas.

- Tourist business apartments.

- Tourist camping sites.

- Guest houses and rest houses, engaged in tourist business.

Article 5.- Classification of tourist accommodation establishments

1. Tourist accommodation establishments shall be classified into two categories:

a/ Tourist accommodation establishments with the minimum standards are those with the material bases, facilities and equipment and a number major services of minimum standard, meeting the tourists essential needs of meals, rest and daily life activities during their stay.

b/ Tourist accommodation establishments classified one-star, two-star, three-star, four-star or five-star are those with the material bases, facilities and equipment and services of a quality better than that of the establishments prescribed at Point a, Clause 1 of this Article, meeting the tourists diversified needs of meals, rest, daily life activities and recreation according to the standards of each class.

2. The standards for classification and categorization of tourist accommodation establishments prescribed in Clause 1 of this Article shall be applicable nationwide. The General Department of Tourism shall formulate and publicize the specific standards for each category and class.

Chapter II

DOING BUSINESS IN TOURIST ACCOMMODATION ESTABLISHMENTS

Article 6.- Business forms

1. Business forms:

a/ Doing business in tourist accommodation establishments shall take the following forms:

- Enterprises.

- Individual business households.

b/ Organizations and individuals may do business in one or more than one tourist accommodation establishment prescribed in Article 4 of this Decree at a time.

c/ One tourist accommodation establishment may be an enterprise or an affiliate unit of an enterprise.

2. All organizations and individuals doing business in tourist accommodation establishments must register their business as prescribed by law.

Article 7.- Conditions for doing business in tourist accommodation establishments

Tourist accommodation establishments must ensure the following conditions:

1. Tourist accommodation establishments must be located some distance away from schools, hospitals or places that may cause pollution in accordance with the regulations of the localities where the establishments are built; not within or close to defense and security zones and/or protected targets.

2. Their material bases, facilities and equipment meet the standards required for each category of tourist accommodation establishments.

Article 8.- Provision of services subject to conditional business at tourist accommodation establishments

1. Tourist accommodation establishments not classified one-star, two-star, three-star, four-star or five-star must abide by current regulations when doing business in goods and services subject to conditional business.

2. Tourist accommodation establishments classified as one-star, two-star, three-star, four-star or five-star are not required to have business licenses when dealing in goods and services subject to conditional business, but must register them with the functional agencies before so doing.

Those who provide services subject to conditional business at accommodation establishments must meet all the conditions and criteria prescribed by law.

Article 9.- Categorization and classification of tourist accommodation establishments

1. Categories and classes of tourist accommodation establishments shall serve as basis for determination of their quality; for organizations and individuals doing business in tourist accommodation establishments to invest in the construction thereof, to advertise and conduct business activities.

2. Within (6) six months after the commencement of business activities, the tourist accommodation establishment owners must proceed with the registration so that the competent agencies consider and issue category and class certificates to their establishments according to the provisions in Clause 3, Article 14 and Clause 3, Article 15, of this Decree.

3. The tourist accommodation establishment owners shall have to ensure and maintain the standards and conditions of their establishments according to the right category and class already registered or recognized. Where a tourist accommodation establishment, after its category and class has been recognized, satisfies new conditions and standards for a higher category or fails to maintain the conditions and standards of its recognized category and class, the competent agency shall consider and issue a new category and class certificate compatible with the actual conditions and standards of the establishment.

4. Within 15 days after receiving the notices of the competent agencies on the category and class of their establishments, the tourist accommodation establishment owners may lodge complaints with the competent agencies about the recognition of their establishments’ category and class if they deem it unsatisfactory,

5. The fee for evaluation and categorization of tourist accommodation establishments shall be prescribed by the Ministry of Finance.

Article 10.- Rights of organizations and individuals doing business in tourist accommodation establishments.

1. Organizations and individuals doing business in tourist accommodation establishments shall have the following rights:

a/ To hire managers, executives and professional staff (regardless of Vietnamese or foreigners).

b/ To decline or cancel accommodation contracts with tourists in the following circumstances:

- Tourists fail to abide by the establishment’s internal rules already announced beforehand.

- Tourists requests are beyond the establishment’s capability.

- Tourists are detected as having committed law-breaking acts.

- Tourists are found as carrying contagious diseases.

- In special cases where the tourist accommodation establishments are unable to admit tourists.

c/ To refuse illegal inspections or supervisions.

d/ Other rights as prescribed by law.

2. Apart from the rights prescribed in Clause 1 of this Article, tourist accommodation establishments classified one-star, two-star, three-star, four-star or five-star shall also have the rights:

a/ To register for use of satellite television signal reception equipment.

b/ To be introduced in the promotion publications of the agencies exercising State management over tourism.

Article 11.- Obligations of organizations and individuals doing business in tourist accommodation establishments

Organizations and individuals doing business in tourist accommodation establishments shall have the following obligations:

1. To conduct only the business lines already registered. In the process of operation to ensure and continuously maintain the conditions and standards prescribed for their category and class already registered or recognized.

2. To notify in writing the time of commencement of business to the agencies exercising State management over tourism.

3. To post up signboards of their tourist accommodation establishments already recognized and only make advertisement in strict accordance with the recognized category and class.

4. To ensure and maintain the service quality, the quality of their facilities and equipment up to their category and class already recognized.

5. To ensure the criteria for environmental sanitation, food and foodstuff hygiene and safety and satisfy the hygiene requirements during the service process.

6. To apply measures to ensure the safety for tourists’ lives and properties.

7. To make the temporary residence declaration and registration according to regulations.

8. To publicly post up the selling prices of goods and services at their tourist accommodation establishments.

9. To strictly abide by the regimes on book-keeping, accounting, and archive of dossiers and documents on business activities as well as the reporting regime according to law provisions.

10. To prepare the tourist accommodation establishments’ internal rules in Vietnamese and a foreign language.

11. To fulfill other obligations as prescribed by law.

Article 12.- Management of staying tourists

The tourist accommodation establishments shall have to:

1. Request tourists to present their personal papers and only admit tourists with complete and valid personal papers.

2. Archive lists of tourists who have stayed at the establishments together with other necessary information according to the competent State management agencies regulations.

Article 13.- Assurance of social security, order and safety

To strictly forbid all acts of taking advantage of business activities regarding tourist accommodation establishments to trade in, store and/or use narcotics; illegally using weapons, support instruments, explosive materials, inflammables, noxious and radioactive substances, organizing prostitution, harboring and pimping prostitutes; disseminating cultural products banned from circulation, spreading superstitious practices, harboring fugitives from justice, and other illegal activities causing harm to social security, order and safety, acts in contravention of the nation’s fine customs and practices, adversely affecting the tourism development environment.

Chapter III

STATE MANAGEMENT OVER TOURIST ACCOMMODATION ESTABLISHMENTS

Article 14.- State management over tourist accommodation establishments

The General Department of Tourism shall exercise the State management over tourist accommodation establishments nationwide and have the following tasks and powers:

1. To elaborate the planning and plan on development of tourist accommodation establishments and guide localities in the implementation thereof in conformity with the approved national tourism development planning.

2. To set standards for each category and class of tourist accommodation establishments; to provide for the order and procedures for the categorization and classification of tourist accommodation establishments, the standard signboards for different categories and classes of tourist accommodation establishments, set the standards for managerial and service personnel as well as the standards and quality of the services provided by the tourist accommodation establishments.

To make public the set standards so that the organizations and individuals doing business in tourist accommodation establishments can know and comply with in the course of their business, which shall serve as basis for the functional agencies to classify and issue certificates to tourist accommodation establishments and conduct supervision and control.

3. To issue three-star, four-star and five-star standards certificates to tourist accommodation establishments.

4. To discharge other tasks and powers in accordance with the Tourism Ordinance.

Article 15.- State management over tourist accommodation establishments in the provinces and centrally-run cities

The agencies exercising the State management over tourism in the provinces and centrally-run cities shall have the following tasks:

1. To coordinate with the General Department of Tourism in elaborating the tourism development plannings for localities, make public these plannings and at the same time guide organizations and individuals on making investment in building tourist accommodation establishments in line with the socio-economic plannings and tourism development plannings of the localities.

2. To organize the guidance and inspection of the implementation of policies and regimes on tourist accommodation establishments in the localities; to inspect the compliance with the standards for tourist accommodation establishments.

3. To issue certificates to tourist accommodation establishments which meet the minimum standards or the one-star and two-star standards.

4. To perform other tasks and powers prescribed by the Tourism Ordinance.

Article 16.- Management and development of the network of tourist accommodation establishments

The building and development of tourist accommodation establishments must conform to the socio-economic development requirements. The building of new tourist accommodation establishments must comply with the legislation on investment and construction management and the tourism development plannings already approved by the competent State bodies.

Tourist accommodation establishments, which have been in operation before the date of issuance of this Decree but failed to comply with Clause 1, Article 7 of this Decree, shall still continue their business operations but must not expand their existing scope.

Chapter IV

COMMENDATION AND HANDLING OF VIOLATIONS

Article 17.- Commendation

Organizations and individuals that record achievements in the development of and doing business in, tourist accommodation establishments shall be commended according to law provisions.

Article 18.- Handling of violations

1. Organizations and individuals that fail to make business registration; build tourist accommodation establishments not in line with the plannings, fail to meet or maintain the standards and/or conditions for doing business in tourist accommodation establishments according to their registered or recognized categorization and/or class, or commit other acts of violation, shall, depending on the nature and seriousness of their violations, be administratively handled or examined for penal liability according to law provisions.

2. Those who abuse their positions and powers to act against the provisions of this Decree and other relevant law provisions shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability according to law provisions.

Chapter V

IMPLEMENTATION PROVISIONS

Article 19.- This Decree takes effect 15 days after its signing; the previous provisions contrary to this Decree are all now annulled.

Article 20.- Within six months after the date this Decree comes into force, tourist accommodation establishments that have registered their business operation prior to the issuance of this Decree may continue their business operation but must adjust and/or supplement conditions for operation in accordance with this Decree.

Article 21.- Within 60 days after the date this Decree comes into force, the General Department of Tourism shall have to coordinate with the concerned ministries and branches in guiding the implementation of this Decree.

Article 22.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.