Circular No. 88/2008/TT-BVHTTDL of December 30, 2008, guiding the implementation of the Governments Decree No. 92/2007/ND-CP of June 1, 2007, detailing the implementation of a number of articles of the tourism Law regarding tourist accommodation.

THE MINISTRY OF CULTURE. SPORTS AND TOURISM
———

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
———-

No. 88/2008/TT-BVHTTDL

Hanoi, December 31, 2008

 

CIRCULAR

GUIDING THE IMPLEMENTATION OF THE GOVERNMENTS DECREE NO. 92/2007/ND-CP OF JUNE 1, 2007, DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE TOURISM LAW REGARDING TOURIST ACCOMMODATION

Pursuant to Tourism Law No. 44/2005/QH11 of June 14, 2005. and the Governments Decree No. 92/2007/ND-CP of June 1, 2007. detailing the implementation of a number of articles of the Tourism Law;
Pursuant to the Governments Decree No. 185/2007/ND-CP of December 25, 2007. defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism;
Pursuant to the Prime Ministers Decision No. 63/2008/QD-TTg of May 19, 2008, defining the functions, tasks, powers and organizational structure of the Vietnam National Administration of Tourism under the Ministry of Culture, Sports and Tourism;
The Ministry of Culture, Sports and Tourism guides the implementation of the Governments Decree No. 92/2007/ND-CP of June 1,. 2007. detailing the implementation of a number of articles of the Tourism Law regarding tourist accommodation as follows:

I. GENERAL PROVISION

1. Scope of regulation

This Circular guides criteria for categorization and classification of tourist accommodation establishments, dossiers of class registration and procedures for classification of tourist accommodation establishments; trading in conditional goods and services in tourist accommodation establishments and grant of signboards of satisfaction of tourist service standards.

2. Subjects of application

2.1. Subjects of application

This Circular applies to Vietnamese and foreign organizations and individuals engaged in tourist accommodation business in Vietnam or providing restaurant or shopping services in tourist resorts, tourist spots and tourist cities.

2.1. Non-applicable subjects

This Circular does not apply to:

a/ Guest houses operating under the Governments regulations;

b/ Apartment buildings, dormitories, inns and houses for lease to people other than tourists.

II. CRITERIA FOR CATEGORIZATION AND CLASSIFICATION OF TOURIST ACCOMMODATION ESTABLISHMENTS

1. Criteria for categorization of tourist accommodation establishments

1.1. Hotels are tourist accommodation establishments with at least 10 bedrooms which ensure prescribed quality regarding material foundations, equipment, facilities and services for tourists. Hotels are divided into the following types:

a/ City hotels, which are hotels built in urban centers primarily for business people, officials and tourists;

b/ Hotel resorts, which are hotels built in blocks or groups of villas, apartments and bungalows in areas with beautiful natural landscape to serve tourists needs for rest, recreation and sightseeing;

c/ Floating hotels, which are hotels moving or berthing on water;

d/ Motels, which are hotels built near roads and linked with the supply of fuels and the provision of vehicle maintenance and repair service, and other necessary services for tourists.

1.2. Tourist villages are tourist accommodation establishments comprising villas or accommodation establishments of other types such as apartments, bungalows and campsites, which are built in areas with tourist resources and beautiful natural landscape and a system of services, including restaurants, bars shops, entertainment and sports centers and other amenities serving tourists.

1.3. Tourist villas are villas which are built for lease to tourists and furnished with all necessary equipment and amenities so that tourists can serve themselves during their stay.

A group of three or more villas is called tourist villa cluster.

1.4. Tourist apartments are apartments which are built for lease to tourists and furnished with all necessary equipment and amenities so that tourists can serve themselves during their stay. A building of 10 or more apartments is called tourist apartment building.

1.5. Tourist campsites are plots of land planned in places with beautiful natural landscape and necessary infrastructure facilities, material and technical foundations and services for campers.

1.6. Tourist guest houses are tourist accommodation establishments which have necessary equipment and amenities for tourists like hotels but do not satisfy criteria for categorized as hotels.

1.7. Homestay means a place of residence of its lawful owner or user which has rooms for lease for tourist accommodation and furnished with necessary equipment and amenities and, possibly, other services for tourists, depending on the capability of the owner.

1.8. Other tourist accommodation places, including tourist ships, tourist trains, caravans and tourist tents.

2. Classification of tourist accommodation establishments

Tourist accommodation establishments shall be classified according to the national standard for classification of tourist accommodation establishments, promulgated by the Ministry of Science and Technology under the Law on Standards and Technical Regulations.

III. DOSSIERS OF CLASS REGISTRATION AND PROCEDURES FOR CLASSIFICATION OF TOURIST ACCOMMODATION ESTABLISHMENTS

1. Dossiers of class registration for tourist accommodation establishments

1.1. A dossier of registration for classification of a tourist accommodation establishment qualified for tourist accommodation business comprises:

a/ An application for the classification of the tourist accommodation establishment;

b/ The table on quality evaluation of the tourist accommodation establishment as prescribed in the national standard for classification of tourist accommodation establishments;

c/ A list of managers and attendants of the tourist accommodation establishment;

d/ Valid copies of:

– The tourist accommodation establishments business registration certificate and enterprise establishment decision, if any;

– Managers professional diplomas and training certificates and certificates of the duration of working in the tourism sector;

– The written commitment on or certificate of satisfaction of conditions on security and social order and safety;

– The certificate of satisfaction of conditions on fire and explosion prevention and fighting;

– The environmental impact report or environmental protection commitment, certified by a competent authority;

– The certificate of satisfaction of food safety and hygiene conditions, for tourist accommodation establishments providing catering services;

e/ The receipt of the charge paid for the appraisal of the tourist accommodation establishment according to current regulations.

1.2. For dossiers of registration for classes from one-star to five-star or high-grade class, apart from papers specified in Clause 1.1. Item 1. Part III of this Circular, valid copies of professional and foreign-language diplomas and certificates of heads of reception, housekeeping, waitering, bar, kitchen and security divisions are also required.

2. Procedures for classification of tourist accommodation establishments

2.1. Within three months after commencement of its business operations, a tourist accommodation establishment shall send two sets of dossier of class registration to the provincial-level Culture, Sports and Tourism Service of its locality for appraisal and classification according to current regulations.

2.2. Provincial-level Culture. Sports and Tourism Services shall receive dossiers of class registration of tourist accommodation establishments.

For dossiers of registration for classification of tourist accommodation establishments of three-star or higher class, provincial-level Culture, Sports and Tourism Services shall send one dossier set to the Vietnam National Administration of Tourism within seven working days after the receipt of valid dossiers.

2.3. Organization of appraisal

a/ The director of the provincial-level Culture, Sports and Tourism Service shall set up an appraisal team of three officials who possess professional knowledge on tourist accommodation management to consider and appraise the dossier according to the criteria for classification of tourist accommodation establishments, and advise him/her on making a decision according to his/her competence to recognize the tourist accommodation establishments class.

b/ The General Director of the Vietnam National Administration of Tourism shall set up an appraisal team of five officials who possess professional knowledge on tourist accommo-dation management to consider and appraise the dossier according to the criteria for classification of tourist accommodation establishments, and advise him/her on making a decision according to his/her competence to recognize the tourist accommodation establishments class.

2.4. Reporting on appraisal results

The appraisal team shall submit to the director of the provincial-level Culture, Sports and Tourism Service or the General Director of the Vietnam National Administration of Tourism reports on appraisal results, including:

– A report on appraisal results, proposing the class of the tourist accommodation establishment;

– The minutes on the appraisal of the tourist accommodation establishment;

– The working minutes of the appraisal team.

– The dossier of class registration of the tourist accommodation establishment, as required in Item 1, Section III of this Circular.

2.5. Time limit for classification

a/ Within one month, for dossiers falling within the classifying competence of provincial-level Culture, Sports and Tourism Services, or two months, for dossiers falling within the classifying competence of the Vietnam National Administration of Tourism, directors of provincial-level Culture, Sports and Tourism Services or the General Director of the Vietnam National Administration of Tourism shall organize the appraisal and issue decisions to recognize the classes of tourist accommodation establishments according to their competence.

b/ On the basis of the appraisal results reported by appraisal teams, directors of provincial-level Culture, Sports and Tourism Services or the General Director of the Vietnam National Administration of Tourism shall consider and issue decisions to recognize suitable classes of tourist accommodation establishments according to their competence. In case of refusal to issue such a decision, competent authorities shall issue a written notification clearly stating the reasons.

2.6. At least three months before the expiration of its classification decision, a tourist accommodation establishment shall send a re- registration dossier to the provincial-level Culture, Sports and Tourism Service. Dossiers of and procedures for appraisal and re-classification are similar to those for first-lime appraisal and classification.

2.7. Class promotion and lowering

In the process of operation, if classified tourist accommodation establishments see changes in their quality:

a/ Tourist accommodation establishments which, after being upgraded, are qualified for a higher class shall send a dossier of registration for a new class to the provincial-level Culture, Sports and Tourism Service. Dossiers of and procedures for appraisal and classification are similar to those for first-time appraisal and classification.

b/ For tourist accommodation establishments which fail to maintain their quality up to the recognized class, the provincial-level Culture. Sports and Tourism Service shall organize a re-appraisal and lower their class.

3. Display of class signboards and class recognition decisions at tourist accommodation establishments

3.1. The material, color, size and model of class signboards of classified tourist accommodation establishment must comply with the prescribed model.

3.2. Class signboards shall be displayed at the main entrance gale of tourist accommodation establishments.

3.3. Class recognition decisions of tourist accommodation establishments shall be displayed at a noticeable place near the reception counter.

3.4. Only tourist accommodation establishments which have been classed as one- star to live-star may use the star symbol for decoration and advertisement in strict compliance with their recognized class.

IV. TRADING IN CONDITIONAL GOODS OR SERVICES IN TOURIST ACCOMMODATION ESTABLISHMENTS

1. Apart from tourist accommodation establishments of categories and classes defined in Clause 1, Article 19 of the Governments Decree No. 92/2007/ND-CP of June 1, 2007. detailing the implementation of a number of articles of the Tourism Law, other tourist accommodation establishments, when trading in conditional goods or services, shall comply with relevant laws.

2. For goods and services which are subjected by law only to business conditions, not permits, tourist accommodation establishments must satisfy business conditions on each type of goods or services.

V. REPORTING ON THE OPERATION OF TOURIST ACCOMMODATION ESTABLISHMENTS

1. Within 15 days after the date of commencement of business operation or change of its owner, name of the enterprise, name of the tourist accommodation establishment, a tourist accommodation establishment shall send a notice thereof to the provincial-level Culture, Sports and Tourism Service of its locality.

2. Tourist accommodation establishments shall, on a quarterly basis, report on their business operations to provincial-level Culture. Sports and Tourism Services.

3. Biannually and annually, provincial-level Culture, Sports and Tourism Services shall send a list of tourist accommodation establishments, enclosed with the results of tourist accommodation business in their localities, to the Vietnam National Administration of Tourism.

VI. GRANT OF SIGNBOARDS OF SATISFACTION OF TOURIST SERVICE STANDARDS

1. Registration for the grant of a signboard

Restaurant and shopping service businesses may request at their own will the grant of signboards of satisfaction of tourist service standards.

2. Conditions for the grant of a signboard

2.1. Having made business registration and satisfying business conditions as prescribed by law.

2.2. Satisfying the criteria specified in Item 3, Section VI of this Circular for each type of services.

Having parking lots for customers vehicles.

3. Criteria for the grant of a signboard

3.1. For tourist shopping service businesses

a/ Businesses must assure that their goods are of clear origin and high quality; they may not sell fake goods or goods not up to food safety, hygiene and quality standards; they are also required to post up prices and sell goods at posted prices; have shopping bags which are made of environmentally friendly materials and have to change, lake back or make refund for goods of poor quality.

b/ Salespersons must wear uniforms and name badges; serve customers in a whole-hearted and considerate manner and refrain from pushing customers to buy goods; possess sale skills; are free of contagious diseases and not addicted to drugs.

c/ Shops must be located at easy-to-access places; have an area of at least 50 sq. meters; have their front and goods display space decorated in a harmonious and reasonable manner; have a lighting system for the whole shop and showcases, a mailbox or book placed at a convenient place for customers to give their opinions, fitting rooms for customers, and toilets;

d/ Accepting payment by credit cards.

3.2. For tourist restaurant businesses

a/ Being located at easy-to-access places and having a bar counter;

b/ Being capable of serving at least 50 customers; having equipment and utensils suitable to each type of food and drinks; ensuring food safety and hygiene.

c/ Having a menu with unit prices and selling food at menu prices;

d/ Ensuring food safety, hygiene and safety;

e/ Having a kitchen which is airy and well ventilated and equipped with high-quality equipment and utensils for food preservation and processing;

f/ Attendants must wear uniform suitable to each job and name badges;

g/ Having separate toilets for customers;

h/ Posting up prices and accepting payment by credit cards.

4. A dossier of request for the grant of a signboard comprises

4.1. A written request for the grant of a signboard.

4.2. A report of the business on its operation, material and technical foundations, labor, security and order situation, fire and explosion prevention and fighting, social evil prevention and combat, food hygiene and safety and environmental protection.

5. Appraisal and consideration for grant and re-grant of signboards

5.1. Within 15 working days after the receipt of a valid dossier, the provincial-level Culture, Sports and Tourism Service shall appraise and issue a decision to grant a signboard of satisfaction of tourist service standards. A decision on the grant of a signboard of satisfaction of tourist service standards is valid for two years. In case of failure to satisfy tourist service standards, the provincial-level Culture, Sports and Tourism Service shall issue a written notice clearly staling the reasons.

5.2. At least three months before the expiration of the time limit stated in the decision on the grant of a signboard of satisfaction of tourist service standards, a business shall send a registration dossier to the provincial-level Culture. Sports and Tourism Service for appraisal and re-grant of a signboard.

6. Withdrawal of decisions on the grant of signboards

If a business which has been granted a signboard fails to satisfy the conditions and criteria specified in Items 2 and 3, Section VI of this Circular, the provincial-level Culture. Sports and Tourism Service shall issue a decision to withdraw the granted signboard.

7. Form of signboards

Signboards of satisfaction of tourist service standards shall be made according to a prescribed model.

8. Reports of businesses with a granted signboard

Biannually. tourist restaurant and shopping service businesses which have been granted a signboard of satisfaction of tourist service standards shall report on their business operations to provincial-level Culture, Sports and Tourism Services.

VII. ORGANIZATION OF IMPLEMENTATION

1. This Circular takes effect 15 days after its publication in CONG BAO and replaces Circular No. 01/2001/TT-TCDL of April 27, 2001. of the Vietnam National Administration of Tourism guiding the implementation of the Governments Decree No. 39/2000/ND-CP of August 24, 2000, on tourist accommodation establishments.

2. Tourist accommodation establishments classified before the effective date of this Circular will have their classes remain unchanged if the time limit for appraisal and re-classification has not yet expired.

3. Restaurants and shopping service businesses granted a signboard of satisfaction of tourist service standards before the effective date of this Circular may continue their operation and shall be appraised and re-granted a new signboard by provincial-level Culture, Sports and Tourism Services within six months after the effective date of this Circular.

4. Any problems arising in the course of implementation should be reported to the Ministry of Culture, Sports and Tourism for guidance, study and amendment.

 

 

MINISTER OF CULTURE, SPORTS AND TOURISM

Hoang Anh Tuan

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