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Circular 48/2005/tt-Bnv: A Guide To The Functions, Duties, Powers And Organization Of Specialized Agencies To Help The People's Committees To Manage State On The Local Tourist

Original Language Title: Thông tư 48/2005/TT-BNV: Hướng dẫn chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của cơ quan chuyên môn giúp Uỷ ban nhân dân quản lý nhà nước về du lịch ở địa phương

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Circular functions, tasks, powers and organization of specialized agencies to help the people's committees to manage state on the local travel _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 45/2003/ND-CP dated 9 May 2003 of the Government functions, tasks, powers and organizational structure of the Ministry of the Interior;
Pursuant to Decree No. 92/2003/ND-CP dated 19 August 2003 of government regulations on functions, tasks, powers and organizational structure of the General Directorate of tourism;
Pursuant to Decree No. 171/2004/ND-CP dated September 29, 2004 the Government of the Organization of specialized agencies in the provincial people's Committee of the central cities, and Decree No. 171/2004/ND-CP dated September 29, 2004 the Government of the Organization of specialized agencies in the district people's Committee , district, town, city in the province;
After the unanimous opinions of tourism at no. 424/TCDL-TCCB on April 13, 2005.
The Interior Ministry guidance functions, tasks, powers and organization of specialized agencies to help the people's committees implement state management functions of local tourism as follows: i. SPECIALIZED AGENCIES to HELP the PROVINCE PEOPLE'S COMMITTEE, the CITY of CENTRALLY ADMINISTERED STATE in TOURISM 1. 1.1 Tourism Department. The position and function of the Department of tourism is the professional body in the province people's Committee, the central cities (hereafter referred to collectively as the provincial people's Committee); Chief, provincial people's committees to help implement state management functions of travel in the province; governance of public services in the tourism sector in the scope of management of the Department in accordance with the law; perform a number of tasks and powers as assigned or authorized by the provincial people's Committee and in accordance with the law.
The Department of tourism is subject to the direction, the management of the provincial people's Committee of organization, staffing and operation of the provincial people's Committee, and subject to the direction, guidance and check on the professional service of tourism.
As for the not yet eligible to establish Tourism Department under the Government of the State of management of tourism in the province by the Department of trade and tourism, Chief of provincial people's committees to help follow the mission and powers specified in point 1.2 item 1 of part I of this circular.
1.2. duties and powers 1.2.1 The provincial people's Committee issued the decision, the directive on the management of the tourism sector in the scope of local management and decentralization of tourism, responsible for the content of the text.
1.2.2. The provincial people's Committee of planning, long term plan, annual and 5 year, programs, projects in the field of the management of the Department consistent with planning, socio-economic development plan of local society, tourism development strategies of countries, regional planning and overall planning tourism development;
The provincial people's Committee of destinations, resorts, local tourism routes and management divisions of the destinations, tourism, local tourism routes;
1.2.3. The provincial people's Committee, the organization measures program performing the duties of the State administrative reform in the governance sector in tourism of the Department;
1.2.4. The provincial people's Committee decision assigning decentralized or delegated governance about travel for people's committees at district level and the specialized agencies in the provincial people's Committee in accordance with the law.
1.2.5. Help provincial people's committees to manage the State of travel for businesses, organizations and individuals for economic components, the Assembly and the non-governmental organization operations travel according to the hierarchy and rules of law;
1.2.6. Organizing, directing, guiding, inspecting the implementation of the legal text, planning, plan, tourism development program was approved; advocacy, dissemination, legal education and information about travel in the scope of management of the Department on the province;
1.2.7. Hosted, in cooperation with the Department of the Interior, the Department of finance guidelines, check out the mechanism of autonomy, responsibility of the business units in accordance with the law;
1.2.8. application evaluation organization to license international business card, travel guides; evaluation and decision to recognize the type of tourist accommodation facilities minimum standard and standard type rated 1 star, 2 stars; short term refresher certificate tourism and craft level, recovered the cards, licenses, diplomas, certificates under the authority of the Department under the provisions of the law;
1.2.9. Performing State management functions of local tourism promotion; the Organization of tourism promotion activities in and outside the country; provide travel information to tourists, organizations, individuals of all economic activity in the tourism sector;
1.2.10. Hosted, in cooperation with relevant agencies to study and propose to the provincial people's Committee of the model, safeguards and order treatment, environmental hygiene in the district, tourist routes;
1.2.11. Implementation of investment projects by the provincial people's Committee; evaluation or join the appraisal of investment projects, development of tourism or tourism-related provisions of the law;
1.2.12. Management of tourism resources assigned, investigate, evaluate, categorize tourism resources and the general situation of development investment, exploitation, use of tourism resources in the province;
1.2.13. Directing the training, the fostering of knowledge management and professional staff, servants, officers and employees in the locality; the Organization of training courses, training, improving the quality of cadres, public officials, government officials in the administration of the Department of human resource development and local tourism according to the plans of the provincial people's Committee and Tourism Affairs;
1.2.14. Organization of the work of coordination between the relevant departments for tourist activities to ensure the management, executives promptly and effectively, creating favorable conditions for the development of the local tourism;
1.2.15. Implementing international cooperation in tourism in accordance with the law, the assignment or authorization of provincial people's committees and Of tourism;
1.2.16. research organizations, the application of scientific and technological progress in the field of tourism; construction of the information system, data about the field in local tourism management;
1.2.17. Perform periodic reports, information and implementation of assigned tasks according to the provisions of the provincial people's Committee and the ministries, ministerial agencies, government agencies in accordance with the law;
1.2.18. test, inspection, review, expedited report, anti-corruption, negative and handle breach of the law on tourism in accordance with the law;
1.2.19. organizational management, payroll, salary regimes and policies, policies, reward, or discipline for public servants in the Department as prescribed;
1.2.20. financial management, asset and the implementation of the budget is allocated according to the provisions of the law, decentralization of the provincial people's Committee;
1.2.21. Perform other duties by the provincial people's Committee.
1.3. The organization and staffing 1.3.1. Head of tourism: Tourism Department Directors and not more than 3 Associate Director;
The Director of the Department responsible and report the work of the provincial people's Committee, tourism and report the work before the provincial people's Council when requested.
Director responsible to the provincial people's Committee and before the law of all activities of the Department and the implementation of the tasks assigned.

The Deputy Director, responsible to the Executive Director and the law on the areas of the work assigned.
Chairman of the provincial people's Committee decision appointing the Director and Deputy Director of the Department of standard titles by the competent State authorities and in accordance with the State party and about the work of the officers.
The dismissal, reward, or discipline the Director and Deputy Director of the Department made under the provisions of the law on public officials.
1.3.2. the organizational structure of the Department, including:-Office;
-The inspection;
-The professional room service;
-Career institutions.
The establishment of the professional room service based on the principle of ensuring complete covering of areas in the range State management of the Department; the functions and tasks of each room must be clear, not overlapping with the functions and duties of the Department and other organizations in the Department; match the characteristics and actual workload at local, low price simple security on administrative procedure and in the resolution of the proposal of the Organization and citizens.
Professional service rooms of up to 4 rooms for Hanoi and Ho Chi Minh City; not more than 3 rooms for the rest of the city.
Number, the name of the professional service rooms of the Department by the Director of the Department of tourism, in coordination with the Director of the Department of the Interior the Chairman of people's Committee issued the decision.
The Director of the Department of tourism, in coordination with the Director of the Department of the Interior the Chairman of people's Committee issued the decision on the establishment of the Organization the career Department in accordance with the law and meet the requirements of service industry management.
The Director of the Department of tourism of forth the duties and powers of the Office, departments, businesses, institutions and regulations Department career responsibilities of the head of the Organization in the Department as required by law; help provincial people's Committee building guidance functions, duties and powers of the specialized agencies to help the people's committees at district level governance of travel as stipulated in Decree No. 171/2004/ND-CP dated September 29, 2004.
1.3.3. Staffing: staffing of the Office, the Ombudsman, the room is the professional management of the State payroll. Staffing of the Department of tourism by the provincial people's Committee decision under the provisions of Decree No. 71/2003/ND-CP dated 19 June 2003 by the Government on decentralization of administrative payroll management, career State and Decree No. 112/2004/ND-CP dated April 8, 2004 of the Government payroll management mechanism for the business units of the State.
The Director of the Department of tourism of the layout, use of officers, civil servants, employees of the Department should match the title, whether the standard public servants, employees of unfamiliar vocabulary and/or under the law on public officials.
2. State management of travel in the province not eligible 2.1 Tourism Department established. Based on the specific situation, characteristics and the duties and powers prescribed in point 1.2 item 1 of part I, the Director of the Department of trade and tourism after the Exchange with the Interior Department Director, Chairman of the provincial people's Committee decided to set up the Tourism Management Department of the Department of trade and tourism.
2.2. The payroll administration of travel was delivered in the total staffing of the Department of trade and tourism to secure low price to fulfill the task of governance of local tourism.
The layout, use of public servants are professional titles base standard, whether public officials, State officials, according to the provisions of the law on public officials.
 
II. SPECIALIZED AGENCIES To HELP The PEOPLE'S COMMITTEE Of The DISTRICT, County, CITY Or Town In The STATE MANAGEMENT Of LOCAL TOURISM 1. Function of professional bodies, Chief of the district people's Committee, to help the County, towns and cities in the province (hereinafter referred to as the people's committees at district level) perform management functions of State Tourism Administration, the public services in the field of tourism districts organized under the provisions of Decree No. 171/2004/ND-CP dated September 29, 2004 by The Government regulates the Organization of specialized agencies in the district people's Committee, district, town, city in the province.
Specialized agencies subject to the direction, management, staffing and organization of the work of the people's committees at district level, and subject to the direction, the test of professional expertise of the Department of tourism (or the Department of trade and tourism for the province not eligible to establish Tourism Department).
2. duties and powers of the people's Committee at district level specifies the functions, duties and powers of the Chief professional bodies, district-level people's committees to help implement state management functions of travel under the guidance of the provincial people's Committee.
3. Base payroll features, the situation in local tourism development, the Chairman of people's Committee of the district level staffing decisions to meet the task of managing the State of tourism in total payroll administration provincial people's Committee was assigned to the district.
III. duties of the STATE ADMINISTRATION of TOURISM of the province PEOPLE'S COMMITTEE, the State management of mission travel of people's Committee of the communes, wards and towns (hereinafter referred to as the people's Social Committee) by the provincial people's Committee decided to follow the recommendation of the Director of the Department of tourism (or the Director of the Department of trade and tourism for the province eligible established Tourism Department) after exchanging United with the Director of the Department of the Interior.
The base situation, require State management duties of local tourism, the provincial people's Committee decided the number of officers are not dedicated to tourism in communes under the provisions of Decree No. 119/2003/ND-CP dated 21 October 2003 of the Government of internal policies, public servants in the communes, wards and towns.
IV. IMPLEMENTATION 1. This circular has the effect after 15 days from the Post Gazette and replacing circular No. 325-TT/TCCP-DL on May 28, 1993 by the Organization-Government officers (now Ministry of the Interior) and the total tourism guidelines decision No. 171-TTg dated 17 April 1993 by the Prime Minister on the establishment of the Department of tourism.
2. The Chairman of the provincial people's Committee, the central cities is responsible for organizing the implementation of this circular. In the course of this central fact, if problems arise or have arisen difficulties, the province should reflect timely tourism and Research Department of the Interior.