What are regulations on scope of practice of tour guides in Vietnam?

What are regulations on scope of practice of tour guides in Vietnam?

I have a question. What are regulations on scope of practice of tour guides in Vietnam? Thank you!

Answer:

Tour guides include international tour guides, domestic tour guides and on-site tour guides.

Pursuant to Clause 2 Article 58 of the Law on Tourism in 2017 stipulating scope of practice of tour guides in Vietnam as follows:

a) An international tour guide may guide domestic tourists, inbound tourists outbound tourists;

b) A domestic tour guide may guide domestic tourists who are Vietnamese citizens nationwide;

c) An on-site tour guide may guide tourists within a tourism area and tourist attraction;

What are requirements for tour guides in Vietnam?

I'm a student majoring in tour guide. I want to know requirements for tour guides in Vietnam. Thank you!

Answer:

Pursuant to Clause 3 Article 58 of the Law on Tourism in 2017 stipulating requirements for tour guides in Vietnam as follows:

To act as a tour guide, a person shall:

a) have a tour guide card;

b) for the international tour guide and domestic tour guide, sign an employment contract with the travel service provider, tour guiding service provider or member of the socio-professional organization for tourism.

c) sign a contract with a travel service provider or obtain an assignment order; for the on-site tour guide, the assignment given by an operator of the tourism area or tourist attraction is required.

The above regulations are instructed by Section I of the Documentary 120/TCDL-LH in 2018 as follows:

1.1. According to the provisions of Clause 3 and Article 58 of the Law on Tourism, in order to practice as an international and  domestic tour guide, a tour guide practitioner must have the following three conditions concurrently:

(1) Have a tour guide card;

(2) Having a labor contract with a travel service business or a tour guide service provider In the absence of a contract with a tour operator or a guide service provider, the tour guide must be a member of a socio-professional organization on tour guiding. According to the provisions of Point A, Clause 1, Article 65 of the Law on Tourism, participation in socio-professional organizations is the right of the tour guide. professional social organization; tour guides who are employees of a travel service business also have the right to choose to join a socio-professional organization while tour guiding.

(3) Having a guiding contract with a travel service business or a written assignment of guides according to the tour program, specifically as follows:

- For the tour guide who is a contract employee of a travel service company (expressed as a fixed-term contract, a definite-term contract, or a seasonal or work-based labor contract).certain jobs with a term of less than 12 months)—meeting the requirements at Point b, Clause 3, Article 58 of the Law on Tourism—when performing the duty of guiding tours for tourist groups of this enterprise, the guides must have written assignment of instructions according to the tour program of that travel service business—meeting Point c, Clause 3, Article 58 of the Law on Tourism.

for the tour guide who is a member of a socio-professional organization or a contract employee of a travel service business or an enterprise providing tour guide services (shown in a written confirmation). from a socio-professional organization; a definite-term labor contract; or a seasonal or job-specific labor contract with a term of less than 12 months with a business enterprise. When performing the task of guiding tours for tourist groups of tourist enterprises, another travel service business must have a guiding contract with that enterprise, according to Point b, Clause 3, Article 58 of the Law on Tourism.The guiding contract is also a type of contract, but it is a case-by-case contract; however, the content of the guiding contract is different from the content of the labor contract specified at Point b, Clause 3, Article 58 of the Law on Tourism. in the content of the work to be performed, the time for implementation, and the obligations and responsibilities of the contracting enterprise.

Labor contract obligations, such as the obligation to pay and pay social insurance, unemployment insurance, and health insurance, must be in accordance with the provisions of the Labor Code, the Health Insurance Law, and the Employment Law.

1.2. According to the provisions of Clause 3 and Article 58 of the Law on Tourism 2017, in order to practice as a tour guide at a destination, a guide practitioner must have two types of documents at the same time:

(1) Tourist information card;

(2) Assigned by an organization or individual to manage a tourist area or tourist spot

1.3. Obligations of a tour guide when practicing as a tour guide

According to the provisions of Clause 2 and Article 65 of the Law on Tourism 2017, when practicing as a tour guide, a tour guide must bring the following papers:

(1) wearing a tour guide card while practicing as a tour guide;

(2) International tour guides and domestic tour guides must carry papers on the assignment of duties to tour program organizers and tour programs in Vietnamese while practicing. In the case of guiding international tourists, the tour guide must bring the tour program in Vietnamese and other foreign languages.

Thus, comparing the provisions of Clause 3, Article 58, and the provisions of Clause 2, Article 65, of the Law on Tourism 2017, for post-audit work, the tour guide is not required to bring papers evidencing the conditions for practice specified at Point B, Clause 3, Article 58, of the Law on Tourism 2017.

In which cases shall tour guide card in Vietnam be revoked?

I want to ask following question. In which cases shall tour guide card in Vietnam be revoked? Thank you!

Answer:

Pursuant to Clause 1 Article 64 of the Law on Tourism in 2017 stipulating revocation of tour guide card in Vietnam as follows:

The tour guide card shall be revoked if the tour guide commits one of the following acts:

a) Cause harm to national sovereignty and interests, national defense and security;

b) Allow another person to use the tour guide card to practice;

c) Fail to meet the conditions for practice and issuance of tour guide cards as prescribed by this Law;

d) Forge the application for issuance, replacement and reissuance of the tour guide card.

*Note: The tour guide whose card is revoked shall only request a competent authority to issue a tour guide card after 12 months from the revocation date.

Best regards!