Can travel contracts be made in verbal contract in Vietnam?

1. Can travel contracts be made in verbal contract in Vietnam?

In Article 39 of the Law on Tourism 2017, there are provisions on travel contracts as follows:

1. A travel contract is an agreement between the travel service provider and an enterprise, tourist or his/her representative on the execution of a tour program.

2. The travel contract shall be made in writing.

3. A travel contract shall contain the following details:

a) Description of the quantity, quality, time, and mode of provision of services during the tour;

b) Contract value and payment method;

c) Disclaimer in case of force majeure events;

d) Conditions for adjustment and cancellation of the contract and related liabilities;

dd) Insurance for the tourists.

According to this Article, travel contracts must be made in writing. Verbal contract is not allowed in Vietnam.

2. What are rights and obligations of the travel service provider in Vietnam? 

In Clause 1, Article 37 of the 2017 Tourism Law, rights and obligations of the travel service provider are as follows:

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, travel service providers have the above rights and obligations in Vietnam.

Best Regards!