In Vietnam: Is it permissible for the person in charge of provision of domestic travel services to hold degree in another major?

In Vietnam: Is it permissible for the person in charge of provision of domestic travel services to hold degree in another major?

Pursuant to Article 31 of the Law on Tourism in 2017 stipulating conditions for provision of travel services as follows:

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.

As regulations above, it is compulsory to have the person in charge of provision of domestic travel services holding an associate degree or higher in travel.

However, the person in charge of provision of domestic travel services can also hold an associate degree or higher in another major and a certificate of training in domestic tour operation.

Is it necessary to include original copy of qualifications of the person in charge in the application for the issuance of a license for provision of domestic tours in Vietnam?

Pursuant to Article 32 of the Law on Tourism in 2017 stipulating 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.

As regulations above, it is only required a certified true copy of qualifications of the person in charge of provision of travel services in the application for the issuance of a license for provision of domestic tours in Vietnam.

When shall notification of the change of the person in charge of provision of domestic travel services be made?

Pursuant to Clause 1 Article 37 of the Law on Tourism in 2017 stipulating rights and obligations of the travel service provider 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.

As regulations above, notification of the change of the person in charge of provision of domestic travel services shall be made within 15 days since the change.

Best regards!