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Ordinance 11/1999/pl-Ubtvqh10: Travel

Original Language Title: Pháp lệnh 11/1999/PL-UBTVQH10: Du lịch

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ORDINANCE on tourism To develop tourism in the country and promote international tourist exchanges, mutual understanding between peoples; enhance the effect of State management of travel and contributing to socio-economic developer of the country;
Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;
Based on the resolutions of the Congress session, 4 X lock on the program of building laws and Ordinances the term key Congress X and program building laws and ordinances in 1999;
This Ordinance regulates travel, chapter I GENERAL PROVISIONS: article 1. Vietnam State identified tourism as a general industry important, bring profound cultural content, is highly interdisciplinary, interregional and socialization; tourism development in order to meet the needs of sightseeing, entertainment, convalescence of the people and international tourists, contributing to enhance recreation, job creation and economic and social development of the country.
Article 2. This Ordinance regulate the tourist activities, define the rights and obligations of tourists, the rights and obligations of the Organization, the individual business travel in the Socialist Republic of Vietnam.
Article 3. State management of tourist activities; ensure the tourism development in the direction of the cultural tourism, eco-tourism, preserve and promote the cultural identity, the customs of the peoples of Vietnam.
Article 4. The State to respect, protect the legitimate rights and interests of tourists; encourage, create favorable conditions for Vietnam people traveling within the country and abroad, Vietnam people settled abroad, foreigners in Vietnam tourism.
Article 5. State protection of the rights and legal interests of the Organization the individual business travel, encourage the economic sectors involved in tourism development.
Article 6. The State has taken measures and policy planning for tourism development and promotion of tourism; adequate investment to infrastructure construction, technical infrastructure for tourism and tourist spots. The State has safeguards, embellish, exploitation and rational use of tourist resources to develop sustainable tourism.
Article 7. The State encourages the expansion of international cooperation in tourism on the basis of equality and mutual benefit, in accordance with the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam signed or joined.
Article 8. Prohibits any tourist activities do adversely affect the environment, cultural identity and customs of ethnic prejudice, to the independence, national sovereignty, defense, security and orderly, secure society.
Article 9. State organs, organizations, political organizations, social-political organizations, social organizations, people's armed units and individuals responsible for law enforcement on travel and participate in tourism development and the Vietnam Fatherland Front member organization within the scope of the mission his powers are responsible for the propaganda, the people involved in tourism development, preserve and protect tourism resources; monitoring the implementation of the law on tourism.
Article 10. In this Ordinance, the terms below are interpreted as follows: 1. Tourism is human activities in addition to their regular place of residence in order to satisfy the needs of sightseeing, entertainment, convalescence in a certain period of time.
2. Tourists who travel or travel unless going to school, work or practice to get in the income place to.
3. Tourism resources are natural scenery, historical relics, revolutionary, humanistic values, the work of human creative labor can be used to satisfy the needs of tourism, is a basic element to form the tourist resorts, to create tourist attractions.
4. Tourism is the tourism resources attractive, capable of attracting tourists. Tourism is the tourism resources with the featured advantages of natural landscape, planning, investment and development in order to satisfy the diverse needs of tourists, economic efficiency and social environment.
6. Online travel is the route connecting destinations, different tourist area 7. Business travel is the realization of one, some or all of the stages of the process, active tourism or tourism services on the market aimed at profitable.
8. Tourism is the tourism trip according to the plan, the roadmap, the predetermined program 9. Tourism accommodation facilities are the business of the Chamber, the bed and the other services serve tourists. Tourism accommodation facilities include hotels, tourist villages, villas, apartments, camping tents for hire, in which the hotel is tourist accommodation facilities.
10. Tourism promotion activity is intended to seek, promote tourism development opportunities chapter II protection, exploitation, USE and DEVELOPMENT of TOURIST RESOURCES in article 11. Tourism resources including tourism resources are tapped, tourism resources have not yet exploited: based on the regulations of the Government, the State administration of tourism is responsible for identifying areas of tourism resources.
State management of tourism resources within the country.
Article 12. The State administration of tourism, the ministries, ministerial agencies, government agencies, the people's Committee of management level resources tourism and tourism related resources has responsibility for coordination in the protection, publicity, exploitation, use and development of tourism resources.
Article 13. State organs, organizations, political organizations, social-political organizations, social organizations, social-professional organization, the people's armed units and individuals have the responsibility to protect tourism resources of all invasive acts tourism resources are dealt with in accordance with the strict law article 14. Organizations, individual business travel has the responsibility to protect, exploit, use reasonable, effective tourism resources and environmental protection in the travel, tourism, tourist routes.
The Organization, the individual tourist resources management in tourist destinations, resorts are collecting fees. The Government specifies the collection, management and use of fees.
Article 15. Planning, design, construction at the tourist resort, must be made according to the provisions of the phápluật and of the opinion of the agency agreement, the governance of authorized travel.
Article 16. State investment for basic investigation on tourism resources; investment priorities for project protection, embellished travel resources in the tourist resorts; policies to encourage individual organizations to invest in the protection, embellished, use and development of tourism resources.
 
Chapter III article 17 TOURISM PROMOTION. State policy and measures to boost tourism promotion under the following principal contents: l. propagating, widely introduced about the country and people of Vietnam attractions, landmarks, historic sites, monuments, cultural heritage, the process of creation of human labor ethnic cultural identity, for the people in the country and international friends, 2. Social awareness about tourism, the tourism environment healthy, civilised, safe, promote the traditional hospitality of the peoples, 3. Development of tourist areas, diverse tourist attractions, unique, high quality, vibrant ethnic culture identity in the country, each region, each locality;
4. development of infrastructure, material-technical base of tourism, diversify and improve the quality of tourism services.
Article 18. The State has a policy to encourage and create favorable conditions for organizations and individuals to invest in the following areas: l. training, human resource development in tourism;
2. Advocacy, promoting tourism;
3. scientific research, application and development of advanced technologies in the field of tourism,

4. Modernization of the means of transport, communications and other equipment related to tourist activities, 5. Building the infrastructure for tourism, tourism, tourism 6. Construction, upgrading the facilities-travel techniques in the area of tourism;
7. Production of souvenirs, crafts fine art; recover and develop traditional industries;
8. Improving the quality of travel services, guides, stay, khâch transport travel;
9. Exploit tourism potential in the geographical kiệh the difficult socio-economic and geographical socio-economic conditions particularly hard, article 19. The State has a policy of encouraging the voluntary contributions of money and effort by organizations and individuals in the country and abroad on the tourist promotion, protection, and development of religious tourist resources.
The Government set up by the tourism development fund a portion of revenues in annual State budget from tourism and business activities by source of contributions of organizations, individual business travel organizations and individuals in the country and outside nưôc. The management and use of this Fund because of government regulations.
 
Chapter IV article 20 TOURISTS. Visitors include tourists domestic and international tourists, domestic tourists are Vietnam citizens and foreigners residing in Vietnam to travel within the territory of Vietnam.
International tourists are foreigners, who settled overseas in Vietnam Vietnam travel Vietnam, citizens and foreigners residing in Vietnam to foreign travel.
Article 21. Tourists have the following rights: 1. Select a part or the whole of the tourism program, tourist services of the Organization, the individual business travel;
2. Require organizations, individual business travel offering essential information about tours, travel services;
3. create favorable conditions on procedure exit and entry, transit, stay, travel, customs;
4. tourism services under the contract;
5. Guaranteed safety of life and property in the tourist trip, 6. Compensation for damage in case of damage caused by the fault of bi organizations, individual business travel caused;
7. Complaints, accusations, claims the violation of laws on travel, 8. Other rights prescribed by law Article 22. Tourists have the following obligations: 1. To respect and preserve the natural landscape, scenic, landscape, environment, historic sites, monuments, cultural heritage, customs and peoples of order, social security in tourist destinations;
2. Implementing rules and regulations of the travel, tourism and accommodation facilities;
3. Payment of services under the contract and the fee, the fees prescribed by law;
4. Compensation in case of damage to organizations, individual business travel;
5. Respect for and observance of the other provisions of the law.
Article 23. The State applies the necessary measures to prevent risks, ensuring safety of life, property of tourists and prevent these acts in order to gain illegal for tourists.
 
Chapter V article 24 TRAVEL BUSINESS. Organizations, individual business travel are subject to the provisions of this Ordinance and the provisions of relevant laws.
Article 25. The business travel include: 1. domestic business and international business, 2. business travel accommodation facilities;
3. business transporting tourists;
4. business travel services Article 26. The Organization, individuals can register the business trades specified in article 25 of this Ordinance, but must have a main tourist business. In the case of domestic business, international business organizations, individuals have to established businesses.
Article 27. To establish the business travel, business travel, the Organization, the individual must have the following conditions: 1. There are officials and employees knowledgeable professional service, consistent with the health professions and the scale of business travel;
2. Have a viable tourism business;
3. Have the facilities, the equipment needed in line with industry and business travel;
4. Have the appropriate business locations with business travel Article 28. Procedures established, split, merged, dissolved, declared bankruptcy the travel business, tourism business registration of the Organization, the individual is made under the provisions of the law establishing the tourism business, the registration of business travel business travel and other business travel business to the opinion of the agency agreement, the governance of competent travel Article 29. The establishment of a branch, Representative Office of Vietnam tourism business overseas to have the opinion of the agency agreement, the governance of travel authorized the establishment of representative offices of foreign tourism enterprises in Vietnam to the tourism promotion must be allowed by the State administration of tourism.
The establishment and operation of branches of foreign tourism enterprises in Vietnam due to government decisions.
1. To be domestic business, the business must qualify the provisions of article 27 of this Ordinance and the following conditions: a) has a travel program for domestic tourists;
b) close the deposit prescribed by Government 2. Domestic enterprises are not international travel business article 31.
1. For international business, the business must qualify the provisions of article 27 of this Ordinance and the following conditions: a) Has tours for international visitors, b) Have suitable guides to tours for international visitors , c) close the deposit prescribed by Government 2. International business was domestic business and must have a travel program for domestic tourists.
3. international business use only card tourist guides to tourist guides for the international traveller Article 32.
1. The practice of guided tours for international visitors must have travel guides.
2. To be granted travel guide Cards, individuals must have the following conditions: a) Is Vietnam's citizens;
b) moral quality, as well;
c) Have appropriate health;
d) use at least one foreign language proficiency) has a university diploma of specialized tourist guide or with a graduate degree and certificate training, fostering of travel guides by tạó campus authorities 3. Travel guide card by the State administration of tourism authorities.
Article 33. The Organization, the individual base business stay in tourism accommodation facilities must have qualified by the standards of the State administration of tourism authority regulations.
Tourism accommodation facilities must be ranked according to the regulations of the State administration of tourism.
Article 34. The Organization, personal transportation travel trading roads, waterways are the conditions and standards for means of transport and the means of control under the provisions of the law.
The driver of the means of transport for tourists must be professional training to transport tourists.
Article 35. Organizations, individual business travel has the following rights: 1. The choice of business lines according to the provisions of article 25 and article 26 of this Ordinance;
2. Be active protectorate legitimate travel business;
3. Join professional associations, tourism promotion 4. Other rights prescribed by law.
Article 36. Organizations, individual business travel has the following obligations: 1. Comply with the law of Vietnam;

2. Trading correct trades recorded in permits, business registration certificate; public signage, Head Office, branches and representative offices.
3. the full implementation of the obligations under the contract was committed with tourists; responsible for the sale of goods and services for the public, the price of services and goods; take measures to guarantee the life and safety of the property and provide the necessary information about tourist trips for tourists; tourist guide about the rules and regulations of tourism destinations;
4. Compensation in case of harm to tourists;
5. Observance of regulations on reporting, accounting, statistics, advertising, propaganda.
 
Chapter VI INTERNATIONAL COOPERATION on TRAVEL Article 37. State policy and measures to promote international cooperation on travel to the country, the international organization on the basis of equality, mutual benefit; accordance with the law of each party, the laws and international practices in order to develop tourism, contributing to the strengthening of relations of cooperation, friendship and mutual understanding between peoples.
Article 38. International cooperation in tourism has the following principal contents: 1. Advocacy, promote tourism 2. Tourist resources development 3. Join the international travel organizations and regions;
4. human resource development in tourism;
5. scientific research, application and transfer of technologies in the field of tourism;
6. The exchange of information, professional development experiences in tourism 7. The basic investigation, defend, embellish, exploitation, use and development of tourism resources;
8. Formulate and implement tourism development projects;
9. Protection of the environment in the tourist resorts.
Article 39. The State administration of tourism of Vietnam are participating in the Organization of international and regional travel, tourism representatives abroad by decision of the Prime Minister.
The most recent representation of the State administration of foreign travel, international travel organisation in Vietnam are made at the discretion of the Prime Minister.
The Association of travel and tourism businesses of Vietnam is to join the international travel Association under the provisions of the law.
Article 40. The State creates favourable conditions for cooperation in tourism, foreign individuals, foreign cưở defined Vietnam people with personal Vietnam, organized according to the content of the provisions of article 38 of this Ordinance held, foreign individuals, Vietnam who settled in foreign investment in the construction of infrastructure for tourism destinations , resorts and in tourist areas; tourism human resource development; protection, embellish, develop tourism resources; improve the ecological environment; scientific research about travel; research and development of new tourism in Vietnam are entitled to the preferential regime in accordance with the law.
 
Chapter VII ADMINISTRATION of TRAVEL Article 41. Content management in tourism are: 1. The promulgation and implementation of the legal text about travel;
2. building and directing the implementation of the strategy, planning, planning and tourism development policy;
3. Regulations on organizational governance about travel, about the coordination of State agencies in the State management of travel;
4. Organize and manage the training, fostering human resource development, tourism, research, science, technology application, the protection of tourism resources, the environment, preserving and promoting the cultural identity, customs of the nation in tourist activities;
5. Organize and manage the work of the tourism promotion and international cooperation in tourism;
6. Granted, revoked the license, certificate in tourism operations;
7. Examine, inspect; complaints, accusations and handle breach of the law on tourism Article 42.
1. The Government of unified state management on tourism, has the following powers, duties: a) The National Assembly, the Committee of the National Assembly Law project, project Ordinance on travel;
b) issued the text of the standard rules on travel, tourism, tourist, local and national, the other legal text about travel;
c) approving and directing the implementation of the strategy, planning and tourism development plan;
d) directs the Organization and coordination of activities related to tourism development;
DD) perform the tasks, the other powers in State management in tourism 2. The Prime Minister decided to establish the national tourism zone, the national tourism, the national tourist and the regulations on the management of the national tourist area, 43 national tourist destination. Of tourism is a government agency, responsible to the Government implement state management functions of travel, have the following powers, duties: 1. The Government, the Prime law project, the project to draft resolutions, ordinances, decrees, decisions and other legal text the provisions of article 41 and article 42 of this Ordinance;
2. text issued regulations on standard class accommodation facilities for tourists, the other legal text about travel under authority 3. Implementation of strategy, planning, planning and tourism development policy;
4. Implement training, fostering human resource development, tourism and research, application of science, technology in the field of tourism;
5. Implementation of tourist promotion and international cooperation in tourism;
6. Granted, revoked business license Card, international travel guides, certificates, class accommodation facilities for tourists, permits the establishment of representative offices of foreign tourism enterprises in Vietnam;
7. Examine, inspect; complaints, accusations and handle breach of the law on tourism by the authority;
8. Perform the duties of the other powers in the administration of travel under the provisions of the law of Article 44.
1. The ministries, ministerial agencies, government agencies in the scope of the task, their powers are responsible for coordination with tourism in implementing State management in tourism, create favorable conditions for developing tourism.
2. The Government specifies the responsibilities of ministries, ministerial agencies, government agencies in performing the tasks specified in paragraph 1 of this article.
Article 45. The people's Committee of the central cities, performing the State management of local tourism, has the following powers, duties: 1. Based on the strategy, planning, tourism development plan has been approved, the decision to establish the local tourism, local tourism routes local tourist attractions, and the regulations on the management of the local resorts, local attractions;
2. Management of tourism resources and other resources related to travel according to the hierarchy of the Government;
3. Management of tourism activity locally;
4. Examine, inspect; resolve the complaint, report and handle the breaking the law about travel by the authority;
5. Perform the duties, the other powers in the administration of travel under the provisions of the Law Article 46. The people's Committee of the district, the County, towns and cities in the implementation of governance of local travel in accordance with the law.
Article 47. Communal people's Committee, Ward, the town is responsible for implementing measures to ensure orderly, safe, civilized, environmental sanitation in the attractions, tourism; preserving, protecting and tourist resources other resources related to travel; perform the task, other powers in State management of travel under the provisions of the law.
Article 48. Detective Inspector travel specialist travel organization, duties and powers of inspectors travel due to government regulations.
 
Chapter VIII

REWARDS and TREATS breach of article 49. Organization, individual achievement in the development of travel shall be rewarded according to the provisions of the law.
Article 50. People would be violations of the provisions of this Ordinance and the provisions of the law on tourist then depending on the nature and extent of the violation which dealt with administratively or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
Article 51. Organizations, individual business travel have no license, no registration, no trading correct registered trades; practice guide for the international traveler without tags travel guides; acts aimed at collecting illegal lợí for tourists or other acts violating the provisions of the law on tourism then depending on the nature and extent of the violation which dealt with administratively or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
Article 52.
1. Any unlawful acts aimed at obstructing travel activities are dealt with under the provisions of the law 2. Who would take advantage of the Office, the powers in violation of the provisions of this Ordinance and the provisions of the law on tourism then depending on the nature and extent of the violation being disciplined or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
 
Chapter IX Enacted PROVISIONS 53. Any organisation or individual to conduct tourism activities in the Socialist Republic of Vietnam to comply with the provisions of this Ordinance and the provisions of the relevant legislation; in the case of international treaties to which the Socialist Republic of Vietnam signed or otherwise shall apply the provisions of international treaties.
Article 54. License, certificate of registration of business travel are issued prior to the date this Ordinance take effect but also the time limit and not contrary to the provisions of this Ordinance shall remain worth enforcing.
55 pipe. This Ordinance Luc since May 1, 1999 The previous provisions contrary to this Ordinance are repealed Article 56. The Government detailing and guiding the implementation of this Ordinance.