Two Notes on the Employment Contract for Tour Guides

The General Department of Tourism has just issued Official Dispatch No. 1615/TCDL-LH providing guidance on the practice conditions of tour guides stipulated in Clause 3, Article 58 of the Law on Tourism 2017. To be specific::

For tour guides with labor contracts (LC) as stipulated in Point b, Clause 3, Article 58 of the 2017 Tourism Law. This includes indefinite-term labor contracts, definite-term contracts, or seasonal labor contracts for specific work with a term of less than 12 months. Accordingly:

- The employee must contribute to Social Insurance (SI);- The employer must prepare documentation for the employee to be issued an SI book, contribute to, and benefit from SI, and implement SI contributions as stipulated in Article 86 of the SI Law. The monthly SI contribution amount is deducted from the employee's salary.

For tour guides with guiding contracts as stipulated in Point c, Clause 3, Article 38 of the 2017 Tourism Law: In this case, the tour guide is not an employee under contract with the company but is a member of a professional association or an employee under contract with another travel enterprise.

See details in Official Dispatch 1615/TCDL-LH dated December 01, 2017.

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