Conditions for provision of travel services in Vietnam

What are travel services? Conditions for travel services in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are travel services?

According to Clause 9, Article 3 of the Law on Tourism 2017, “travel services” include creating, selling and running part of or the entire tour program.

2. Conditions for provision of travel services in Vietnam

Specifically, Article 31 of the Law on Tourism 2017 stipulates conditions for provision of travel services as follows:

- A domestic travel service provider must satisfy the following conditions:

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

= The enterprise must make has paid a deposit to a bank;

= 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

- An international travel service provider must satisfy the following conditions:

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

= The enterprise has paid a deposit to a bank;

= 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.

- The enterprise satisfying the conditions set forth in Clause 1 and Clause 2 of Article 31 of the Law on Tourism 2017 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.

- The Government shall elaborate the payment of deposit as prescribed in Point b, Clause 1 and Point b, Clause 2 of Article 31 of the Law on Tourism 2017.

- 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.

3. Application and procedures for the issuance of a license for provision of domestic tours in Vietnam

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

- An application for the license for provision of domestic tours includes:

= 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;

= A certified true copy of the business registration certificate;

= A 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;

= Certified true copy of qualifications of the person in charge of provision of travel services prescribed in Point c, Clause 1, Article 31 of the Law on Tourism 2017.

- The procedures for issuance of the license for provision of domestic tours:

= 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;

= 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.

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

- Documents, order, procedures and authority to grant international travel service business license

4. Application and procedures for the issuance of the license for provision of international tours in Vietnam

Article 33 of the Law on Tourism 2017 stipulates the application and procedures for the issuance of the license for provision of international tours as follows:

- An application for the license for provision of international tours includes:

= An application form for issuance of the license for provision of international tours according to the specimen prescribed by the Minister of Culture, Sports and Tourism;

= A certified true copy of the business registration certificate or investment registration certificate issued by a competent authority;

= A certificate of deposit payment;

= Certified true copy of qualifications of the person in charge of provision of travel services prescribed in Point c, Clause 2, Article 31 of the Law on Tourism 2017;

= 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.

- The procedures for issuance of the license for provision of international tours:

= The enterprise applying for the license for provision of international tours shall submit 01 application to the General Department of Tourism;

= Within 10 days from the day on which a valid application is received, the General Department of Tourism shall assess and issue the license for provision of international tours to the enterprise and inform the tourism authority of the province where the enterprise is located thereof; in case of refusal, a written response stating reasons thereof must be given;

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

Ho Quoc Tuan

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