Do travel agencies need licenses for provision of international tours in Vietnam?

1. Do travel agencies need licenses for provision of international tours in Vietnam?

Pursuant to Article 40 of the 2017 Tourism Law, there are regulations on travel agencies as follows:

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.

In addition, Article 31 of the Law on Tourism 2017 stipulates the following conditions for provision of travel services:

1. A domestic travel service provider must satisfy the following conditions:

a) The enterprise is established as prescribed by the law on enterprises;

b) The enterprise must make has paid a deposit to a bank;

c) The person in charge of provision of travel services holds an associate degree or higher in travel; in case he/she holds an associate degree or higher in another major, a certificate of training in domestic tour operation is required

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 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.

3. The enterprise satisfying the conditions set forth in Clause 1 and Clause 2 of this Article shall be issued with a license for provision of domestic tours and a license for provision of international tours respectively.

The fees for assessment and licensing of provision of international tours and domestic tours shall be governed by the law on fees and charges.

4. The Government shall elaborate the payment of deposit as prescribed in Point b, Clause 1 and Point b, Clause 2 of this Article.

5. The Minister of Culture, Sports and Tourism shall elaborate the person in charge of provision of travel services; training program, organization of examinations and issuance of certificates of training in international and domestic tour operation.

Thus, according to the above provisions, the law does not require travel agencies to have licenses for provision of international tours in Vietnam, only a new travel service business enterprise must have this license. Therefore, you are not required to have a licenses for provision of international tours in Vietnam.

2. What do main contents of travel agency contract in Vietnam comprise?

Pursuant to Article 41 of the 2017 Tourism Law, travel agency contract is as follows:

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.

According to this Article, the travel agency contract will have the main contents as prescribed above in Vietnam.

3. What does application for the license for provision of domestic tours in Vietnam comprise? 

Pursuant to Article 32 of the 2017 Tourism Law, there are regulations on application and procedures for the issuance of a license for provision of domestic tours as follows:

1. An application for the license for provision of domestic tours includes:

a) An application form for issuance of the license for provision of domestic tours according to the form prescribed by the Minister of Culture, Sports and Tourism;

b) A certified true copy of the business registration certificate;

c) A certificate of deposit payment;

d) A certified true copy of the decision on appointment or employment contract between the travel service provider and the person in charge of provision of travel services;

dd) Certified true copy of qualifications of the person in charge of provision of travel services prescribed in Point c, Clause 1, Article 31 of this Law.

2. The procedures for issuance of the license for provision of domestic tours:

a) The enterprise applying for the license for provision of domestic tours shall submit 01 application to the tourism authority of the province where the enterprise is located;

b) Within 10 days from the day on which a valid application is received, the tourism authority of the province shall assess and issue the license for provision of domestic tours to enterprise; in case of refusal, a written response stating reasons thereof must be given.

3. The Minister of Culture, Sports and Tourism shall specify the specimen of the license for provision of domestic tours.

Thus, an application for the license for provision of domestic tours includes: An application form; copy of business registration certificate; certificate of deposit payment; a certified true copy of the decision on appointment or employment contract between the travel service provider and the person in charge of provision of travel services in Vietnam.

Best Regards!