What are requirements for a tour guide in Vietnam?

What are requirements for a tour guide in Vietnam? - image from internet

Pursuant to Clause 3 Article 58 of the Law on Tourism in 2017, to act as a tour guide in Vietnam, a person shall:

- have a tour guide card;

- 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.

- 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. 

According to Section 1 of the OFficial Dispatch 120/TCDL-LH in 2018, the requirements to become a tour guide are as follows:

1.1. According to the regulations in Clause 3 of Article 58 of the Law on Tourism, to practice as an international tour guide or domestic tour guide, individuals must fulfill the following three requirements simultaneously:

(1) Possess a tour guide card.

(2) Have a labor contract with a travel service business or a tour guide service provider. In case there is no contract with a travel service business or a tour guide service provider, the tour guide must be a member of a social-professional organization related to tour guiding. According to the regulations in point a of Clause 1 of Article 65 of the Law on Tourism, joining a social-professional organization is the right of the tour guide. Tour guides have the option to become members of a business or a social-professional organization. Tour guides who are employees of a travel service business also have the right to choose to join a social-professional organization related to tour guiding.

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

- For tour guides who are contracted employees of a travel service business (as shown through fixed-term labor contracts, definite-term contracts, seasonal contracts, or specific work contracts with a duration of less than 12 months) - meeting the requirements in point b of Clause 3 of Article 58 of the Law on Tourism, when performing tour guiding duties for the travel group of this business, the tour guide must have a written assignment to guide according to the tour program of the travel service business, meeting the requirements in point c of Clause 3 of Article 58 of the Law on Tourism.

- For tour guides who are members of a social-professional organization or contracted employees of a travel service business or a tour guide service provider (as shown through a confirmation letter from the social-professional organization, fixed-term labor contracts, definite-term contracts, seasonal contracts, or specific work contracts with a duration of less than 12 months with a travel service business or a tour guide service provider) - meeting the requirements in point b of Clause 3 of Article 58 of the Law on Tourism, when performing tour guiding duties for a different travel group of a travel service business, they must have a guiding contract with that business. The guiding contract is also a type of contract, but it is a contract for each case, with different content from the labor contract specified in point b of Clause 3 of Article 58 of the Law on Tourism in terms of job content, duration, and the obligations and responsibilities of the business signing the guiding contract.

The obligations related to the labor contract, such as social insurance contributions, unemployment insurance, and health insurance, shall be implemented according to the regulations of the Labor Law, Health Insurance Law, and Employment Law.

1.2. According to the regulations in Clause 3 of Article 58 of the Law on Tourism in 2017, to practice as a tour guide at a specific location, individuals must possess the following two types of documents simultaneously:

(1) Tour guide card.

(2) Have an assignment from the organization or individual managing the tourist area or tourist site.

1.3. Responsibilities of tour guides when practicing tour guiding

According to the regulations in Clause 2 of Article 65 of the Law on Tourism in 2017, when practicing tour guiding, tour guides must carry the following documents:

(1) Wear the tour guide card while practicing tour guiding.

(2) International tour guides and domestic tour guides must carry the assignment documents of the travel business organizing the tour program and the tour program in Vietnamese. In the case of guiding international tourists, tour guides must also carry the tour program in Vietnamese and a foreign language.

Therefore, by referring to the regulations in Clause 3 of Article 58 and the regulations in Clause 2 of Article 65 of the Law on Tourism in 2017, the regulations in point b of Clause 3 of Article 58 of the Law on Tourism in 2017 serve the purpose of post-inspection. Tour guides do not need to carry documents proving the requirements for practicing tour guiding specified in point b of Clause 3 of Article 58 of the Law on Tourism in 2017.

Best regards!