Vietnam: May a holder of an intermediate degree be a person in charge of providing international travel services?
- May international travel service providers in Vietnam provide international and domestic tours?
- Are international travel service providers in Vietnam required to buy insurance for tourists?
- May a holder of an intermediate degree be a person in charge of providing international travel services in Vietnam?
May international travel service providers in Vietnam provide international and domestic tours?
Under the provisions of Article 30 of the Law on Tourism 2017 on the scope of travel services:
Scope of travel services
1. Provision of domestic tours for domestic tourists.
2. Provision of international tours for inbound tourists and outbound tourists.
3. The international travel service provider may provide international and domestic tours, except the case prescribed in Clause 4 of this Article.
4. Foreign-invested providers shall only provide international tours for inbound tourists, unless otherwise prescribed by the treaties to which the Socialist Republic of Vietnam is a signatory.
Thus, international travel service providers may provide international and domestic tours. However, foreign-invested providers shall only provide international tours for inbound tourists, unless otherwise prescribed by the treaties to which the Socialist Republic of Vietnam is a signatory.
Are international travel service providers in Vietnam required to buy insurance for tourists?
Under the provisions of Point a, Clause 2 and Point a, Clause 3, Article 37 of the Law on Tourism 2017 on the rights and obligations of the travel service provider:
Rights and obligations of the travel service provider
1. A domestic travel service provider has the following rights and obligations:
a) Develop, advertise, sell and provide tourism services and tour programs for tourists within the scope of business specified in the license;
b) Maintain the fulfillment of conditions for provision of tour specified in Clause 1, Article 31 of this Law; publish the name of provider and tour provision license number on the signboard of the provider, its branches, transaction offices, in travel contracts, on print advertisement and in electronic transactions;
c) Notify the change of the person in charge of provision of travel services, submit the profile on the new person in charge of provision of travel services to the licensing authority within 15 days since the change;
d) Provide information on the tour, tourism services and destinations for tourists;
dd) Buy insurance for tourists during their tours, except for those who have had insurance for the whole tour.
e) Employ tour guides to guide tourists under the travel contract; be responsible for tour guides’ performance during the tour under the contract;
g) Observe, disseminate and guide tourists to observe local law and regulations; behave in a civilized manner, respect Vietnamese and local cultural identity, customs and practices; cooperate with a competent authority in promptly imposing penalties for the illegal acts committed by tourists during the tour;
h) Comply with regulations on reporting, statistics, accounting and keep documents in accordance with law.
i) Take measures to ensure safety of tourists’ lives, health and property; promptly inform competent authorities of accidents and risks which may happen tourists and take remedial measures.
k) Manage tourists in accordance with the tour program signed with them.
2. An international travel service provider that serves inbound tourists has the following rights and obligations:
a) Right and obligations specified in Points a, c, d, dd, e, g, h, i and k, Clause 1 of this Article;
b) Maintain the fulfillment of conditions for provision of tour specified in Clause 2, Article 31 of this Law; publish the name of provider and tour provision license number on the signboard of the provider, its branches, transaction offices, in travel contracts, on print advertisement and in electronic transactions;
c) Assist tourists in entering, exiting, transiting and following customs procedures.
3. An international travel service provider that serves outbound tourists has the following rights and obligations:
a) Right and obligations specified in Points a, c, d, dd, g, h, i and k, Clause 1, Point b and Point c, Clause 2 of this Article;
b) Employ international tour guides to take tourists abroad under the travel contract; take responsibility for tour guides’ performance during the tour.
Thus, international travel service providers that serve outbound tourists and international travel service providers that serve inbound tourists must buy insurance for tourists during their tours, except for those who have had insurance for the whole tour.
May a holder of an intermediate degree be a person in charge of providing international travel services in Vietnam?
Under the provisions in Clause 2, Article 31 of the Law on Tourism 2017:
Conditions for provision of travel services
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2. An international travel service provider must satisfy the following conditions:
a) The enterprise is established as prescribed by the law on enterprises;
b) The enterprise has paid a deposit to a bank;
c) The person in charge of the provision of travel services holds a college degree or higher in travel; in case he/she holds a college degree or higher in another major, a certificate of training in international tour operation is required.
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Thus, a holder of an intermediate degree may not be the person in charge of providing international travel services in Vietnam. Under the conditions for the provision of international travel services, a person in charge of providing travel services must hold a college degree or higher in travel. In case he/she holds a college degree or higher in another major, a certificate of training in international tour operation is required.
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