Vietnam: What is the latest travel agency contract sample? Is a travel agency contract required to be made in writing?
What is the latest travel agency contract sample recently in Vietnam?
Currently, Vietnam Law does not provide for a travel agency contract form. Below is a picture of the Travel Agency Contract Form (for reference only):
Download the latest travel agency contract form recently in Vietnam: here.
Vietnam: What is the latest travel agency contract sample? Is a travel agency contract required to be made in writing?
What is a travel agency business in Vietnam?
Pursuant to Clause 1, Article 40 of the 2017 Law on Tourism in Vietnam stipulates as follows:
Article 40. Travel agencies
1. Travel agency is a business an organization or individual that sells tours designed by another tour provider (the principal) to tourists in order to earn commissions.
2. A travel agency business must register its business at a competent authority and have an agency contract signed with the principal.
3. In the event a tourist buys a tour program through a travel agency, the travel contract shall be the one signed between the tourist and the principal; the contract shall specify the name and address of the travel agency.
Thus, according to the regulations on travel agency business, organizations and individuals receive the sale of tour programs of travel service enterprises to tourists to enjoy commissions.
Is a travel agency contract required to be written in Vietnam?
Pursuant to Clause 1, Article 41 of the 2017 Law on Tourism in Vietnam stipulates as follows:
Article 41. Travel agency contract
1. The travel agency contract shall be made in writing between a principal being a tour provider and a travel agent being an individual or organization doing travel agency business.
2. A travel agency contract shall contain the following details:
a) The names and addresses of the principal and the agent;
b) Tour programs and prices for tour programs under the agency contract; the commission rate and time of payment;
c) Rights and obligations of the parties;
d) Effective period of the travel agency contract.
Thus, according to the provisions of the travel agency contract, it must be made in writing.
What are the rights and obligations of domestic travel service providers in Vietnam?
Pursuant to Clause 1, Article 37 of the 2017 Law on Tourism in Vietnam, domestic travel service providers have the following rights and obligations:
- Develop, advertise, sell and provide tourism services and tour programs for tourists within the scope of business specified in the license;
- Maintain the fulfillment of conditions for provision of tour specified in Clause 1, Article 31 of the 2017 Law on Tourism in Vietnam ; 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;
- 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;
- Provide information on the tour, tourism services and destinations for tourists;
- Buy insurance for tourists during their tours, except for those who have had insurance for the whole tour.
- Employ tour guides to guide tourists under the travel contract; be responsible for tour guides’ performance during the tour under the contract;
- Observe, disseminate and guide tourists to observe local Vietnam 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;
- Comply with regulations on reporting, statistics, accounting and keep documents in accordance with Vietnam Law.
- 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.
- Manage tourists in accordance with the tour program signed with them.
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