Viet Nam

LAW ON TOURISM

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Tourism.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for tourism resources, tourism product development and tourism activities; rights and obligations of tourists, organizations and individuals doing tourism business, other organizations and individuals and local communities related to tourism activities; state management of tourism.

Article 2. Regulated entities

1. Vietnamese organizations and individuals involved in tourism activities in Vietnam and abroad.
2. Foreign organizations and individuals involved in tourism activities in Vietnam.
3. Tourism authorities, other authorities, organizations, individuals and local communities related to tourism activities.

Article 3. Definitions

For the purpose of this Law, the terms below are construed as follows:

1. “tourism” means activities in connection with trips taken by people outside their usual environment for not more than 12 consecutive months for sightseeing, leisure, recreation, study, and exploration and other legal purposes.
2. “tourist” is a person who travels for either tourism or for other purposes combined with tourism, except for those travel to study or work.
3. “tourism activity” means activities of tourists, organizations and individuals doing tourism business and organizations, individuals and local communities related to tourism activities;
4. “tourism resources” mean natural landscapes, natural elements and cultural values which are the basis for creation of tourism products, tourism areas, tourist attractions in order to meet tourists’ needs. Tourism resources include natural tourism resources and cultural tourism resources.
5. “tourist accommodation establishment” means an establishment which provides accommodation services for tourists.
6. “community-based tourism” is a form of tourism that is developed on the basis of community’s cultural values managed, used and benefited by a local community.
7. “tourist environment” includes natural and social ones where tourism activities are carried out.

Article 4. Rules for tourism development

1. Develop targeted and sustainable tourism in line with strategies, master plans and plans
2. Develop tourism together with preservation and upholding of national cultural identity values, natural resources, exploitation of advantages of each area and promotion of regional cluster.
3. Ensure national sovereignty, national defense and security, social order and security, expand external relations and international integration, and promote the images of Vietnam and its people.
4. Protect national and community interests, lawful rights and interests of tourists, and organizations and individuals doing tourism business.
5. Develop both domestic and international tourism; respect and fairly treat tourists.

Article 5. Participation of local communities in tourism development

1. Local communities may participate in and enjoy lawful benefits from tourism activities; take responsibility for preserving tourism resources and local cultural identity; and maintaining security, social order and security and environmental protection.
2. Local communities shall be enabled to invest in tourism, restoration and promotion of various traditional cultures, folklore arts, crafts, and production of local goods in service of tourists, contributing to improvement of material and spiritual life of locals.

Article 6. Socio-professional organizations for tourism

1. The socio-professional organization for tourism is established and operated in accordance with regulations of law on associations.
2. A socio-professional organization for tourism shall:

a) comply with law and protect the lawful rights and interests of members;

b) make, disseminate, educate and supervise the implementation of regulations of law and policies on tourism;

c) participate in promotion of tourism, provision of training in tourism; carry out an assessment of and providing consultancy on professional standards and service quality for enterprises and employees in tourism industry; provide a sound business environment for members; mobilizing social sources to deploy tourism activities in accordance with law

d) adhere to the code of ethics, encouraging members doing tourism business to ensure the quality of services;

e) detect and report violations against the law on tourism and environmental protection to a competent authority for imposition of penalties.

 

Article 7. Protection of tourism environment

1. The tourism environment shall be protected, enhanced and developed towards greenness, cleanliness, security, soundness and civilization.
2. Ministries and ministerial agencies shall issue regulations within their competence in order to protect, enhance and develop the tourism environment.
3. The local government at all levels shall take measures to protect, enhance and develop the tourism environment in conformity with local conditions.
4. Organizations and individuals doing tourism business shall be responsible for collecting and treating wastes discharged during their business operations; alleviating negative impacts on the environment caused by their business operations; and take measures to prevent and fight against social evils during their business operations.
5. Tourists, local communities and other organizations and individuals shall be responsible for protecting and preserving landscapes, environment, national cultural identity, customs and practices, and behaving in a polite and civilized manner in order to promote the image of the country, people and tourism of Vietnam.

 

Article 8. Prohibited acts in tourism activities

1. Cause harm to national sovereignty and interests, national defense, security, social order and security, national cultural traditions, ethics and fine traditions and customs.
2. Abuse tourism activities to illegally take people abroad or into Vietnam.
3. Damage tourism resources and environment.
4. Discriminate against tourists and make illicit profits from tourists; scramble for tourists or insist on or force tourists to purchase goods or use services.
5. Running a tourism business in case of ineligibility for business, without license or in case of failure to conditions for running business during operation in accordance with this Law and relevant regulations of law.
6. Use the license for provision of tour of another travel service provider or allow another organization or individual to use the license for provision of tour to do business.
7. Act as a tour guide without satisfying all conditions.
8. Advertise the wrong category or rating of the tourist accommodation establishment that has been recognized by a competent authority; advertise category and rating of the tourist accommodation establishment that is yet to be recognized by a competent authority.
9. Other acts prohibited by relevant laws.

 

Chapter II

TOURISTS

Article 9. Rights of tourists

Tourists are entitled to:

1. use tourism services provided by organizations and individuals doing tourism business or travel on their own.
2. request organizations or individuals doing tourism business to provide necessary information on tour programs, tourism services and destinations under the signed contract.
3. be enabled to enter, exit, transit, follow customs procedures, stay and travel within the territory of Vietnam in accordance with regulations of law and international treaties to which the Socialist Republic of Vietnam is a signatory.
4. have lawful rights and interests protected under the contract signed with the organizations and individuals doing tourism business and providing tourism services.
5. be fairly treated; have the safety of their lives, health and property ensured while using tourism services; have their honor and dignity respected; be rescued in case of emergency.
6. file a complaint or lawsuit against any acts against the law on tourism.
7. send complaints to operators of tourism areas and tourist attractions, tourism service providers and competent authorities about matters in connection with tourism activities.
8. be compensated for the damage in accordance with regulations of law.

Article 10. Obligations of tourists

1. Observe laws of Vietnam and laws of the host country; behave in a civilized manner, respect local customs and practices, cultural identity, protect and preserve tourism resources and environment; cause no harm to the image and cultural tradition of Vietnam
2. Comply with regulations of tourism areas, tourist attractions and tourism service providers.
3. Pay tourism services charges under the contract and other fees and charges in accordance with the regulations of law.
4. Be compensated for the damage in accordance with regulations of civil law.

Article 11. Assurance of safety for tourists

1. The competent authority shall take measures within its competence to ensure security, social order and security in tourism areas and tourist attractions.
2. The operators of tourism areas and tourist attractions shall take preventive measures against risks and establish units to provide guard and rescue services for tourists.
3. Organizations and individuals doing tourism business shall be responsible for warning tourists about dangers; promptly informing and providing guidance for tourists in case of emergency; taking necessary measures and cooperating with the relevant organizations and individuals in providing rescue services for tourists.

Article 12. Settlement of complaints from tourists

1. Organizations and individuals doing tourism business, and operators of tourism areas and tourist attractions shall receive and promptly settle complaints from tourists under their management.
2. Within their competence, the People’s Committees shall receive and settle complaints from tourists within their area.
3. The Ministry of Culture, Sports and Tourism shall receive and settle complaints from tourists within its competence or cooperate with a competent authority in doing so.

 

Chapter III

TOURISM PROMOTION AND TOURISM DEVELOPMENT ASSISTANCE FUND

Section 1. TOURISM PROMOTION

Article 13. Content of tourism promotion

1. Promote the images of Vietnam and its people, cultural heritages, historical – cultural relics, scenic beauties, man-made creative works and national cultural identity in order to attract tourists.
2. Develop tourism trademark of the country, regions, local governments and enterprises; conduct research into tourism markets and develop and advertise tourism products which meet tourists’ needs.
3. Propagate and raise social awareness of tourism, thereby creating a secure, healthy and civilized tourism environment and upholding Vietnam’s traditions of hospitality.
4. Grasp opportunities and mobilize various resources to invest in tourism infrastructure; diversify and improve the quality of tourism services.

Article 14. Tourism promotion activities

1. The Ministry of Culture, Sports and Tourism shall formulate national tourism promotion strategy, plan and program; coordinate inter-regional and inter-provincial tourism promotion activities.
2. Within their competence, Ministries, ministerial agencies, People’s Committees at all levels shall formulate and organize the implementation of tourism promotion plan and program by sectors and under their management in conformity with the national tourism promotion strategy, plan and program.
3. The socio-professional organizations for tourism, relevant enterprises, organizations and individuals shall proactively formulate and organize the implementation of foreign and domestic tourism promotion plan and program in conformity with the national tourism promotion strategy, plan and program, and establish foreign-based tourism promotion offices. The expenses for tourism promotion shall be included in the enterprise’s expense account.

Article 15. Establishment of Vietnam-based representative offices of foreign tourism authorities and regional and international tourism organizations

1. Foreign tourism authorities and regional and international tourism organizations may establish Vietnam-based representative offices.
2. An application for establishment of a Vietnam-based representative office shall be consularly legalized and includes:

a) An application form for establishment of a Vietnam-based representative office according to the form specified by the Minister of Culture, Sports and Tourism;

b) The decision on establishment of the foreign tourism authority and international and regional tourism organization;

c) The decision on establishment of the representative office of the foreign tourism authority and international and regional tourism organization;

d) The decision on appointment of the head of representative office.

3. Procedures for establishment of a Vietnam-based representative office:

a) The head of representative office shall submit 01 application to the Ministry of Culture, Sports and Tourism;

b) Within 30 days from the day on which a valid application is received, the Ministry of Culture, Sports and Tourism shall assess and submit it to the Prime Minister for consideration and decision;

c) Within 05 working days since the Prime Minister comments, the Ministry of Culture, Sports and Tourism shall send a written notice to the head of representative office.

Section 2. TOURISM DEVELOPMENT ASSISTANCE FUND

Article 16. Establishment of Tourism Development Assistance Fund

1. A Tourism Development Assistance Fund is a non-budget state financial fund, has its own legal status, seal and account, is established and has its Charter on Organization and Operation approved by the Prime Minister.
2. The Tourism Development Assistance Fund is exempt from tax and other liabilities to the State in accordance with regulations of law.
3. The Tourism Development Assistance Fund is formed by the following sources:

a) Charter capital provided by the State budget;

b) Each year, the additional State budget mainly comes from the fees for sightseeing tours, issuance of visas and other entry and exit papers to foreigners;

c) Legal funding and voluntary contributions from domestic and foreign enterprises, organizations and individuals;

d) Other legal revenues in accordance with regulations of law

4. The Government shall elaborate Clause 3 of this Article.

Article 17. Purposes of Tourism Development Assistance Fund

1. Promote domestic and foreign tourism.
2. Provide assistance in research into tourism markets and product development.
3. Provide assistance in training and development of human resources for tourism.
4. Provide assistance in tourism communication activities in community.

Article 18. Principles of operation of the Tourism Development Assistance Fund

1. Operate for non-profit purposes; preserve charter capital and make up for expenses for management itself.
2. Take responsibility for revenues, expenditures and settlement, publish information on budgets, assets and accounting work in accordance with regulations of law.
3. Be subject to inspection and audit carried out by the finance authority and State Audit Office of Vietnam on financial operations of the Tourism Development Assistance Fund.
4. Ensure openness, transparency, thriftiness and effectiveness, use for the right purposes and in conformity with regulations of law.
5. The previous year’s redundant funding of the Tourism Development Assistance Fund shall be transferred to the following year for further use.

 

Chapter IV

TOURISM PROMOTION AND TOURISM DEVELOPMENT ASSISTANCE FUND

Section 1. TOURISM PROMOTION

Article 19. Content of tourism promotion

1. Promote the images of Vietnam and its people, cultural heritages, historical – cultural relics, scenic beauties, man-made creative works and national cultural identity in order to attract tourists.
2. Develop tourism trademark of the country, regions, local governments and enterprises; conduct research into tourism markets and develop and advertise tourism products which meet tourists’ needs.
3. Propagate and raise social awareness of tourism, thereby creating a secure, healthy and civilized tourism environment and upholding Vietnam’s traditions of hospitality.
4. Grasp opportunities and mobilize various resources to invest in tourism infrastructure; diversify and improve the quality of tourism services.

Article 68. Tourism promotion activities

1. The Ministry of Culture, Sports and Tourism shall formulate national tourism promotion strategy, plan and program; coordinate inter-regional and inter-provincial tourism promotion activities.
2. Within their competence, Ministries, ministerial agencies, People’s Committees at all levels shall formulate and organize the implementation of tourism promotion plan and program by sectors and under their management in conformity with the national tourism promotion strategy, plan and program.
3. The socio-professional organizations for tourism, relevant enterprises, organizations and individuals shall proactively formulate and organize the implementation of foreign and domestic tourism promotion plan and program in conformity with the national tourism promotion strategy, plan and program, and establish foreign-based tourism promotion offices. The expenses for tourism promotion shall be included in the enterprise’s expense account.

Article 20. Establishment of Vietnam-based representative offices of foreign tourism authorities and regional and international tourism organizations

1. Foreign tourism authorities and regional and international tourism organizations may establish Vietnam-based representative offices.
2. An application for establishment of a Vietnam-based representative office shall be consularly legalized and includes:

a) An application form for establishment of a Vietnam-based representative office according to the form specified by the Minister of Culture, Sports and Tourism;

b) The decision on establishment of the foreign tourism authority and international and regional tourism organization;

c) The decision on establishment of the representative office of the foreign tourism authority and international and regional tourism organization;

d) The decision on appointment of the head of representative office.

3. Procedures for establishment of a Vietnam-based representative office:

a) The head of representative office shall submit 01 application to the Ministry of Culture, Sports and Tourism;

b) Within 30 days from the day on which a valid application is received, the Ministry of Culture, Sports and Tourism shall assess and submit it to the Prime Minister for consideration and decision

c) Within 05 working days since the Prime Minister comments, the Ministry of Culture, Sports and Tourism shall send a written notice to the head of representative office.

Section 2. TOURISM DEVELOPMENT ASSISTANCE FUND

Article 21. Establishment of Tourism Development Assistance Fund

1. A Tourism Development Assistance Fund is a non-budget state financial fund, has its own legal status, seal and account, is established and has its Charter on Organization and Operation approved by the Prime Minister.
2. The Tourism Development Assistance Fund is exempt from tax and other liabilities to the State in accordance with regulations of law.
3. The Tourism Development Assistance Fund is formed by the following sources:

a) Charter capital provided by the State budget;

b) Each year, the additional State budget mainly comes from the fees for sightseeing tours, issuance of visas and other entry and exit papers to foreigners;

c) Legal funding and voluntary contributions from domestic and foreign enterprises, organizations and individuals;

d) Other legal revenues in accordance with regulations of law.

4. The Government shall elaborate Clause 3 of this Article.

Article 22. Purposes of Tourism Development Assistance Fund

1. Promote domestic and foreign tourism.
2. Provide assistance in research into tourism markets and product development.
3. Provide assistance in training and development of human resources for tourism.
4. Provide assistance in tourism communication activities in community.

Article 23. Principles of operation of the Tourism Development Assistance Fund

1. Operate for non-profit purposes; preserve charter capital and make up for expenses for management itself.
2. Take responsibility for revenues, expenditures and settlement, publish information on budgets, assets and accounting work in accordance with regulations of law.
3. Be subject to inspection and audit carried out by the finance authority and State Audit Office of Vietnam on financial operations of the Tourism Development Assistance Fund.
4. Ensure openness, transparency, thriftiness and effectiveness, use for the right purposes and in conformity with regulations of law.
5. The previous year’s redundant funding of the Tourism Development Assistance Fund shall be transferred to the following year for further use.

Chapter IV

STATE MANAGEMENT OF TOURISM

Article 24. Responsibility of the Government for state management of tourism

1. The Government shall uniform state management of tourism.
2. The Ministry of Culture, Sports and Tourism is a central authority responsible for assisting the Government in performing state management of tourism and has the following responsibilities and entitlements:

a) Promulgate legislative documents or submit them to a competent authority for promulgation and organize the implementation of such documents; tourism development strategies, plans and policies; the list of places that have the potential for becoming a national tourism area.

b) Coordinate and connect inter-national, inter-regional and inter-provincial tourism activities;

c) Establish national standards and national technical regulations on tourism; establish the tourism management database;

d) Cooperate with relevant authorities and socio-professional organizations for tourism in disseminating and educating about the law on tourism;

e) Provide and manage the provision of training in tourism; research into and apply science and technology to tourism; provide guidance on electronic transaction in tourism;

f) Carry out inspections and assessment of tourism resources;

g) Promote international cooperation on tourism; domestic and foreign tourism promotion activities;

h) Manage the issuance and revocation of licenses, tour guide cards and other certificates related to tourism activities;

i) Encourage private sector involvement in development of tourism products, tourism promotion, and provision of in tourism;

j) Carry out inspections, settle complaints and impose penalties for violations against law on tourism.

Article 25. Responsibility of Ministries and ministerial agencies for state management of tourism

1. Ministries and ministerial agencies shall cooperate with the Ministry of Culture, Sports and Tourism in performing state management of tourism within their competence.
2. The Ministry of Planning and Investment shall take charge and cooperate with the Ministry of Culture, Sports and Tourism and relevant authorities in promulgating the policies on investment incentive and assistance in tourism or submitting it to a competent authority for promulgation; mobilizing sources and attracting investment in tourism; integrating contents related to tourism activities into the strategies, programs, master plans and plans for socio-economic development.
3. The Ministry of Finance shall take charge and cooperate with the Ministry of Culture, Sports and Tourism and relevant authorities in promulgating the policies on finance, tax and customs or submitting it to a competent authority for promulgation in order to facilitate tourism development; providing financial resources for national tourism promotion activities.
4. The Ministry of Industry and Trade shall take charge and cooperate with the Ministry of Culture, Sports and Tourism and relevant authorities in promulgating the incentive policies on production and provision of high-quality goods, souvenirs, handicrafts and services for tourism development or submitting it to a competent authority for promulgation, building duty-free shops serving tourists in key tourist areas; integrating tourism promotion into market promotion.
5. The Ministry of Foreign Affairs shall take charge and cooperate with the Ministry of Culture, Sports and Tourism and relevant authorities in promoting the images of Vietnam and its people; providing advice about policies on visas in service of tourism development.

Article 26. Responsibility of the People’s Committees for state management of tourism

1. Within its competence, the People’s Committee of the province shall perform state management of tourism within its province; formalize the strategies, plans, master plans and policies for tourism development in conformity with local conditions.
2. The People’s Committees have the following duties and entitlements:

a) Promulgate policies on investment incentive and investment attraction or submit them to a competent authority for promulgation in order to develop potential and advantages in tourism of the local governments; provide assistance in the development of community-based tourism;

b) Manage tourism resources, tourism areas, tourist attractions, tourism business and tour guiding activities within their areas;

c) Ensure security, social order and security, environment and food safety in the tourism area, tourist attractions and places with a large number of tourists;

d) Propagate and raise people’s awareness to create a friendly, healthy and civilized tourism environment;

e) Provide stopping or parking positions for the vehicles issued with a badge for means of tourist transport to have access to tourist attractions and tourist accommodation establishments; organize review and erection of signs and signboards for tourism areas and tourist attractions;

f) Receive and settle complaints from tourists;

g) Perform other duties in accordance with regulations of law.

Chapter IX

IMPLEMENTATION CLAUSE

Article 27. Amendments to the list of fees and charges enclosed with the Law on Fees and Charges No. 97/2015/QH13

The Section 3.1 and Section 3.2 of Part VII – Fees pertaining culture, sports and tourism in the list of fees and charges enclosed with the Law on Fees and Charges No. 97/2015/QH13 is amended as follows:

3.1. Fees for rating of tourist accommodation establishments and providers of other tourism services qualified for provision of services for tourists > Ministry of Finance

3.2. Fees for assessment and licensing of provision of domestic tours and international tour > Ministry of Finance

Article 28. Effect

1. This Law comes into force from January 01, 2018.
2. The Law on Tourism No. 44/2005/QH11 is null and void from the effective date of this Law.

Article 29. Transition clauses

1. Enterprises issued with the license for provision of international tours before the effective date of this Law do not need to apply for replacement of license but must maintain the fulfillment of conditions for business in accordance with regulations of this Law for 12 months from the effective date of this Law.
2. Domestic travel service provider shall apply for the license for provision of domestic tours for 12 months from the effective date of this Law. After such period, enterprises must not provide domestic travel services without a license.
3. International tour guides and domestic tour guides that are issued with a tour guide card before the effective date of this Law may keep practicing until the expiry of the card.
4. The ratings of tourist accommodation establishments assigned by competent authorities before the effective date of this Law shall remain unchanged until the expiry of the rating decisions.

This Law has been ratified in the 3 rd session of the 14 th National Assembly of the Socialist Republic of Vietnam dated June 19, 2017.

PRESIDENT OF THE NATIONAL ASSEMBLY

Nguyen Thi Kim Ngan