Decree of Government No.149/2007/ND-CP of October 09, 2007 on sanctioning administrative violations in The Domain of tourism

THE GOVERNMENT
——-

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

No.149/2007/ND-CP

Hanoi, October 09, 2007

DECREE

ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF TOURISM

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Tourism dated June 14, 2005;
Pursuant to the Ordinance on the Handling of Administrative Violations dated July 2, 2002;
At the proposal of the Minister of Culture, Sports and Tourism,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides for acts of administrative violation, sanctioning forms and levels, sanctioning competence, sanctioning procedures and remedies in the domain of tourism.

2. Administrative violations in the domain of tourism are acts unintentionally or intentionally committed by individuals or organizations violating the provisions of law on state management in the domain of tourism but not yet constituting crimes and, according to the provisions of the Ordinance on the Handling of Administrative Violations, subject to administrative sanction.

3. Acts of administrative violation in the domain of tourism prescribed in this Decree include:

a) Acts of violating regulations on travel business, tourist guiding and tourist transportation business;

b) Acts of violating regulations on tourist accommodation business;

c) Acts of violating regulations on tourism promotion;

d) Acts of violating regulations on other tourism activities;

4. Other acts of administrative violation in the domain of tourism not governed in this Decree shall be sanctioned under the provisions of other government decrees on sanctioning of administrative violations in relevant state management domains.

Article 2. Subjects of application

1. Vietnamese and foreign organizations and individuals (collectively referred to as individuals and organizations) that commit acts of administrative violation in the domain of tourism in the Vietnamese territory.

2. Minors who commit acts of administrative violation in the domain of tourism shall be sanctioned under Article 7 of the Ordinance on the Handling of Administrative Violations.

3. Cadres and public employees committing acts specified in Chapter II of this Decree while on duty are not subject to administrative sanction but shall be handled in accordance with the law on cadres and public employees.

Article 3. Principles for sanctioning

1. All acts of administrative violation in the domain of tourism must be promptly detected and immediately stopped. Sanctioning must be carried out in a quick, just and thorough manner and in accordance with law; all consequences caused by acts of administrative violation must be remedied in accordance with law.

2. Individuals and organizations may be administratively sanctioned only when they commit acts of administrative violation prescribed by law.

3. The sanctioning of administrative violations in the domain of tourism must be carried out in accordance with law by competent persons defined in Chapter III of this Decree.

4. One act of administrative violation in the domain of tourism shall be sanctioned only once. A person or an organization that commits many acts of administrative violation shall be sanctioned for each of these acts. If several persons or organizations jointly commit one act of administrative violation, each shall be sanctioned.

5. The sanctioning of administrative violation in the domain of tourism must be based on their name nature and severity, personal history of violations as well as extenuating or aggravating circumstances so as to decide on principal sanctioning forms additional sanctioning forms and appropriate remedies. Extenuating and aggravating circumstances are prescribed in Articles 8 and 9 of the Ordinance on the Handling of Administrative Violations.

6. Administrative violations committed in cases of emergency, legitimate self-defense, unexpected events or those committed by persons who suffer from mental diseases or other illnesses which render them incapable of being aware of or controlling their acts, are not sanctioned.

Article 4. Statute of limitations for sanctioning

1. The statute of limitations for sanctioning administrative violations is one year counting from the date acts of administrative violation are committed. Past this period, violators are not administratively sanctioned but are still forced to take remedies specified in Clause 3, Article 6, of this Decree.

2. For individuals against whom criminal cases had been instituted, who had been prosecuted or against whom decisions to bring their criminal cases for trial had been issued, if decisions on terminating investigation or the criminal cases were later issued but their acts of violation show signs of administrative violation, these individuals shall be administratively sanctioned. In this case, the statute of limitations for sanctioning administrative violations is three months, counting from the date persons with sanctioning competence receive termination decisions and dossiers of the cases of violation.

3. Within the period stated in Clause 1 or Clause 2 of this Article, if individuals or organizations commit new acts of administrative violation in the same domain in which they previously committed the violations or they intentionally shirk or obstruct sanctioning, they intentionally shirk or obstruct sanctioning, they are not entitled to the application of the statute of limitations stated in Clause 1 or Clause 2 of this Article, the statute of limitations for sanctioning administrative violations shall be recounted from the time the new acts of administrative violation are committed or the time the acts of shirking or obstructing sanctioning are stopped.

4. Past one year counting from the date an individual or organization that has been sanctioned for an administrative violation in the domain of tourism completely serves the sanctioning decision or from the date of expiration of the statute of limitation for enforcing sanctioning decisions, if he/she/it does not relapse into violation, he/she/it shall be considered not having been sanctioned for administrative violations in the domain of tourism.

Article 5. Time limit for issuing sanctioning decisions

1. For simple cases involving apparent acts of violation and not requiring further verification, sanctioning decisions must be issued within 10 days from the date written records of acts of administrative violation are made. Administrative violation-sanctioning decisions must be made according to the form set by a competent agency.

2. For complicated cases in which exhibits and means of violation need assessment, violators need to be identified or other complicated circumstances are involved, the time limit for issuing sanctioning decisions is 30 days from the date written records of acts of administrative violation are made.

3. When more time is needed for verification and collection of evidences, at least 10 days before the end of the time limit stated in Clause 2 of this Article, persons with sanctioning competence shall report it in writing to their immediate supervisors for extension permission; extension must be expressed in writing and not exceed 30 days.

4. Competent persons may not issue sanctioning decisions in the following cases:

a) The time limit stated in Clause 1 of this Article has expired;

b) The time limit for issuing sanctioning decisions stated in Clause 2 of this Article has expired and no extension has been requested or the extension request is not approved by competent authorities;

c) The extended period approved by competent authorities has expired.

5. If not issuing sanctioning decisions, competent persons may still issue decisions on the application of remedies specified in Clause 3, Article 6, of this Decree.

Article 6. Sanctioning forms and remedies

1. For each act of administrative violation, violating individuals or organizations are subject to one of the following principal sanctioning forms:

a) Caution;

b) Fine.

The maximum fine level is VND 30,000,000. For each fine imposed for an act of administrative violation, the specific level is the average of the fine bracket prescribed for the act; if the violation involves an extenuating circumstance(s), the fine level may be lower than the average but not be lower than the minimum level of the fine bracket; if the violation involves an aggravating circumstance(s), the fine level may be raised to higher than the average but not be higher than the maximum level of the fine bracket.

2. Depending on the nature and severity of violation, violating individuals or organizations may be subject to one or more of the following additional sanctioning forms:

a) Deprivation of the right to use international travel business license or tourist guide’s card for a specified or unspecified period;

b) Confiscation of material evidences or means used in the administrative violations.

3. Remedies:

Besides the principal and additional sanctioning forms prescribed in Clauses 1 and 2 of this Article, depending on the nature and severity of their violations, violating individuals or organizations may also be subject to one or more of the remedies specified in Chapter II of this Decree.

Chapter II

ACTS OF ADMINISTRATIVE VIOLATION, SANCTIONING FORMS AND LEVELS

Section 1. ACTS OF VIOLATION OF REGULATIONS ON TRAVEL BUSINESS, TOURIST GUIDING AND TOURIST TRANSPORTATION

Article 7. Violations of regulations on notification of travel business activities

Caution or a fine of between VND 500,000 and VND 1,000,000 shall be imposed for one of the following acts:

1. Failing to notify in writing the time of commencing travel business to state agencies in charge of tourism in the provinces or centrally run cities (below referred to as provincial-level state agencies in charge of tourism) where enterprises are headquartered within 15 days after enterprises officially commence business activities.

2. Failing to notify in writing the replacement of travel business representatives at law, change of the type of enterprise or enterprise name or relocation of working offices of travel enterprises to provincial-level state agencies in charge of tourism in 1ocalities where enterprises are headquartered within 15 days after the replacement or change is effected.

3. Failing to notify in writing the replacement of travel business administrators to provincial-level state agencies in charge of tourism within 30 days after the replacement is effected.

4. Failing to notify in writing the setting up and time of commencement of operation of branches or representative offices of travel enterprises to provincial-level state agencies in charge of tourism in localities where travel enterprises are headquartered and where branches or representative offices are located within 15 days from the date branches or representative offices are setup or officially operate.

5. Failing to notify in writing the replacement of heads or change of names or relocation of branch offices or representative offices of travel enterprises to provincial-level state agencies in charge of tourism in localities where travel enterprises are headquartered and where branch offices or representative offices are located within 15 days from the replacement or change is effected.

Article 8. Violations of regulations on travel business.

1.Caution or a fine of between VND 200,000 and VND 500,000 shall be imposed for one of the following acts:

a) Employing administrators of domestic travel business who have less than three years’ working experience in the travel domain;

b) Employing administrators of international travel business who have less than four years’ working experience in the travel domain;

c) Administrators of domestic or international travel business having not yet worked in the travel domain for a sufficient duration as required by law;

d) Failing to notify the international travel business license-granting agency of the loss of the international travel business license within 7 days from the date of loss;

e) The travel contract lacking one of the contents specified in Clause 3, Article 52, of the Law on Tourism.

2. A fine of between VND 500,000 and VND 1,000,000 shall be imposed for one of the following acts:

a) Failing to provide written tourist programs to representatives of tourists’ groups or individual tourists;

b) Failing to sign written travel contracts with tourists or representatives of tourists according to regulations;

c) Failing to settle legitimate requests and claims of tourists accordance with law;

d) Employing tourist guides for performing tourist programs but failing to sign written labor contracts with them.

e) Failing to provide guidance and information relating to tourist programs at the request of travel agents;

f) Failing to provide clear and truthful information in a public manner on the number and prices of tourist services for tourists.

3. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following acts:

a) Travel business administrators using certificates of working time not true to reality so also administer travel business activities;

b) Failing to observe or strictly observe regulations on compilation and filling of dossiers and documents.

4. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for one of the following acts:

a) Using enterprise names, transaction names or shortened names different from those already registered with a competent state agency for business activities;

b) Failing to notify in time competent agencies of accidents, risks or incidents occurring to tourists;

c) Using means and equipment that fail to ensure health, life and property safety for tourists as prescribed by law;

d) Failing to observe reporting regulations issued by the Ministry of Culture, Sports and Tourism and provincial-level state agencies in charge of tourism.

5. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:

a) Conducting international travel business without having at least three international tourist guides;

b) Employing persons who have no tourist guide cards to guide tourists;

c) Failing to purchase insurance for Vietnamese tourists traveling abroad during tourist programs according to regulations.

6. A fine of between VND 7,000,000 and VND 10,000,000 shall be imposed for one of the following acts:

a) Failing to make a sufficient deposit as required for international travel business according to regulations;

b) Erasing or modifying the contents of international travel business licenses;

c) Collecting sums of money not specified in contracts or illicit profits from tourists;

d) Failing to observe legal provisions on management of branches, representative offices and affiliated units;

e) Failing to manage tourists according to signed contracts or tourist programs;

f) Making false: declarations in dossiers of application for the grant or renewal of international travel business licenses;

g) Failing to carry out procedures for renewing international travel business licenses as required by law.

7. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for one of the following acts:

a) Conducting international travel business without international travel business license;

b) Leasing or lending international travel business licenses;

c) Using international travel business licenses of other enterprises for conducting international travel business;

d) Employing foreigners as tourist guides in Vietnam;

e) Continuing travel business activities after having made notification on temporary cessation or termination of such activities or having been suspended by a competent state agency from conducting travel business.

8. Additional sanctioning forms:

a) Deprivation of the right to use international travel business licenses for 06 months, for acts specified at points a and d, Clause 4; and Points a and b, Clause 5, of this Article;

b) Deprivation of the right to use international travel business licenses for 09 months, for the act specified at Point c, Clause 5, of this Article 4, which is committed for three times or more, or for failing to purchase insurance for 50 tourists or more;

c) Deprivation of the right to use international travel business licenses for 01 year, for acts specified at Points a, c, d and f, Clause 6; and Points d and e, Clause 7, of this Article;

d) Deprivation of the right to use international travel business licenses for an unspecified period, for acts specified at Points b and e, Clause 6; Point b, Clause 7, of this Article, or for recommitted acts specified at Points a and d, Clause 4; Points a, b and c, Clause 5; Points a, c, d, f and g, Clause 6; and Points d and e, Clause 7, of this Article;

e) Confiscation of material evidences in administrative violations, for acts specified at Point a, Clause 3; and Point f, Clause 6, of this Article.

9. Remedies:

a) Forced addition of adequate means and equipment to ensure tourist health, life and property, for the act specified at Point c, Clause 4, of this Article;

b) Forced payment of sufficient deposits, for the act specified at Point a, Clause 6, of this Article;

c) Forced repayment to tourists or remittance into state funds of property illegally collected from tourists, for the act specified at Point c, Clause 6, of this Article.

Article 9. Violations of regulations on travel agency business

1. Caution or a fine of between VND 200,000 and VND 500,000 shall be imposed for one of the following acts:

a) Failing to notify in writing the time of commencement of travel agency business to the provincial-level state agency in charge of tourism within 15 days from the date of commencement of travel agency business;

b) Failing to notify in writing the replacement of representatives at law, or change of the name or address of the travel agent to the provincial-level state agency in charge of tourism within 15 days after the replacement or change is effected.

2. A fine of between VND 500,000 and VND 1,000,000 shall be imposed for one of the following acts:

a) Erasing, modifying or copying in a way distorting the contents of tourist programs of travel principals;

b) Selling tourist programs at prices higher than those set by travel principals.

3. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:

a) Carrying out travel agency activities without making travel agency business registration;

b) Dealing in travel agency without a written travel agency contract signed with a travel enterprise.

4. Remedies:

Forced repayment to tourists or remittance into state funds of illegally earned amounts, for the act specified at Point b, Clause 2, of this Article.

Article 10. Violations of regulations on tourist guiding

1. Caution or a fine of between VND 200,000 and VND 500,000 shall be imposed on tourist guides who commit one of the following acts:

a) Failing to wear tourist guide’s cards when guiding tourists;

b) Failing to carry along tourist programs when guiding tourists;

c) Failing to provide adequate knowledge for tourists on the Vietnamese law on stay, entry and exit during their visits to Vietnam;

d) Failing to provide full information on tourist schedules and programs for representatives of tourist’s groups or individual tourists.

2. A fine of between VND 500,000 and VND 1,000,000 shall be imposed on tourist guides who commit one of the following acts:

a) Having no labor contract with a travel enterprise;

b) Working as independent tourist guides;

c) Failing to introduce and guide tourists how to protect their safety, life and property during journeys under tourist programs;

d) Lending tourist guide’s cards to other persons for guiding tourists;

e) Using tourist guide’s cards of other persons for guiding tourists;

f) Using expired tourist guide’s cards.

3. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed on tourist guides who commit one of the following acts:

a) Erasing or modifying the contents of tourist guide’s cards for guiding tourists;

b) Using domestic tourist guide’s cards for guiding foreign tourists.

4. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for one of the following acts:

a) Guiding tourists while having no tourist guide’s cards as required;

b) Using a fake tourist guide’s card for guiding tourists;

c) Altering without permission tourist programs and tourist benefits and services;

d) Providing distorted information on Vietnamese cultural and historical values, land and people, thus badly affecting the image, traditions, morality and fine customs and habits of the country;

e) Taking advantage of tourist guiding to give explanations and provide information affecting security and social order and safety;

f) Taking tourists to banned areas;

g) Collecting sums of money not specified in contracts or illicit profits from tourists.

5. Foreigners who work as tourist guides in Vietnam shall be sanctioned under the Government’s Decree on sanctioning administrative violations in the domain of security and social order and safety.

6. Additional sanctioning forms:

a) Deprivation of the right to use tourist guide’s cards for 01 year, for acts specified at Point b, Clause 2; Point b, Clause 3; and Points c, d, e, f and g, Clause 4, of this Article;

b) Deprivation of the right to use tourist guide’s cards for an unspecified period, for acts specified at Point d, Clause 2; and Point a, Clause 3, of this Article, or for recommitted acts specified at points a, b and c, Clause 2; Point b, Clause 3; and Points c, d, e, f and g, Clause 4, of this Article;

c) Confiscation of material evidences used for commission of administrative violations, for acts specified at Point f, Clause 2; and Point b, Clause 4, of this Article.

7. Remedy:

Forced repayment to tourists or remittance into state funds of property illegally collected from tourists, for the act specified at Point g, Clause 4, of this Article.

Article 11. Violations of regulations on tourist transportation business

Acts of violation of regulations on tourist transportation business shall be sanctioned according to government decrees on sanctioning administrative violations in the domains of transportation by land, waterway, railway and sea and other decrees on sanctioning administrative violations in relevant state management domains.

Article 12. Violations of regulations on the setting up and operation of Vietnam-based branches and representative offices of foreign tourism enterprises

Acts of violation of regulations on the setting up and operation of Vietnam-based branches and representative offices of foreign tourism enterprises shall be sanctioned according to the Government’s Decree on sanctioning administrative violations in the commercial domain.

Section 2. ACTS OF VIOLATION OF REGULATIONS ON TOURIST ACCOMMODATION BUSINESS

Article 13. Violations of regulations on tourist accommodation business

1. Caution or a fine of between VND 500,000 and VND 1,000,000 shall be imposed for one of the following acts:

a) Failing to notify in writing the time of commencing the business operation of tourist accommodation establishments to provincial-level state agencies in charge of tourism in localities where tourist accommodation establishments are located within 15 days after tourist accommodation establishments are officially put into operation;

b) Failing to notify in writing the replacement of heads or change of names of tourist accommodation establishments to provincial-level state agencies in charge of tourism within 15 days after the replacement or change is effected;

c) Failing to notify in writing the application of telecommunications surcharges in classified tourist accommodation establishments to competent state agencies within 15 days after the application;

d) Failing to comply with regulations on model signboards of the name and class of tourist accommodation establishment;

e) Failing to display signboards of the class of tourist accommodation establishments after tourist accommodation establishments are classified by a competent state agency in charge of tourism;

f) Failing to issue or publicly display rules of tourist accommodation establishments;

g) Failing to publicize clear information on the quantity, quality and prices of services and goods for tourists.

2. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for the act of failing to comply with or improperly complying with regulations on compilation and preservation of dossiers and documents on business activities of tourist accommodation establishments.

3. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for one of the following acts:

a) Using vehicles and equipment that fail to ensure tourist health, safety, life and property as prescribed by law;

b) Using enterprise names, transaction names and shortened names different from those of tourist accommodation establishments registered with competent state agencies for business activities;

c) Failing to properly observe the regime of reporting to the Ministry of Culture, Sports and Tourism and provincial-level state agencies in charge of tourism as prescribed by law.

4. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:

a) Failing to register with competent state agencies in charge of tourism for evaluation and classification of tourist accommodation establishments within 3 moths after tourist accommodation establishments officially commence business operation;

b) Failing to register with competent state agencies in charge of tourism for evaluation and re-recognition of the class of tourist accommodation establishments at least three months before the end of the period of recognition of tourist accommodation establishment class;

c) Failing to ensure any of technical standards of equipment or service quality required by law for the class of tourist accommodation establishments already recognized by competent state agencies as prescribed by law;

d) Failing to ensure any of criteria for managers and employees required by law for the class of tourist accommodation establishments already recognized by competent state agencies;

e) Collecting service charges at variance with regulations.

5. A fine of between VND 7,000,000 and VND 10,000,000 shall be imposed for one of the following acts:

a) Assuming a false class of tourist accommodation establishment;

b) Collecting sums of money not specified in contracts or other acts of making illicit profits from tourists.

6. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed on tourist accommodation establishments continuing business operation after notifying the temporary cessation or termination of operation or after their business operation is suspended by a competent state agency.

7. Acts of administrative violation in the domains of post, telecommunications, banking, culture and information, pricing, fire and explosion prevention and fight, security and social order and safety, food hygiene and safety, environmental protection, commerce and so on which are committed at tourist accommodation establishments not governed in this Decree shall be sanctioned under government decrees on sanctioning administrative violations in relevant domains.

8. Additional sanctioning forms:

Confiscation of material evidences in administrative violations, for the act specified at Point a, Clause 5, of this Article.

9. Remedies:

a) Forced addition of adequate means and equipment to ensure tourist health, life and property, for the act specified at Point a, Clause 3,of this Article;

b) Forced repayment to tourists or remittance into state funds of illegally earned amounts, for act specified at Point e, Clause 4; and Point b, Clause 5, of this Article.

Article 14. Violations of regulations on trading in conditional goods and services at tourist accommodation establishments

1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for acts of failing to make registration in writing with a competent state agency when trading in conditional goods and services at classified tourist accommodation establishments.

2. Acts of violation of regulations on trading in conditional goods and services not governed by this Decree shall be sanctioned under the Government’s Decree on sanctioning administrative violations in the commercial domain.

Section 3. ACTS OF VIOLATION OF REGULATIONS ON TOURISM PROMOTION

Article 15. Violations of regulations on tourism promotion

1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:

a) Taking advantage of tourism promotion to harm lawful rights and interests of other organizations and individuals;

b) Failing to implement or improperly implementing tourism promotion programs already publicized;

c) Advertising tourist products not true to their real contents and quality.

2. Acts of violation of regulations on tourism promotion not governed by this Decree shall be sanctioned under government decrees on sanctioning administrative violations in relevant state management domains.

3. Remedies:

Forced dismantlement or destruction of tourist advertisement articles and termination of advertisement programs, for the acts specified at Point c, Clause 1, of this Article.

Article 16. Violations of regulations on organization of tourist product fairs, exhibitions and shows

Acts of violation of regulations on tourist product fairs, exhibitions and shows shall be sanctioned under the Government’s Decree on sanctioning administrative violations in the commercial domain.

Section 4. ACTS OF VIOLATION OF REGULATIONS ON OTHER TOURISM ACTIVITIES

Article 17. Violations of regulations on tourism resources and tourism development planning

1. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for acts of illegally exploiting tourism resources in tourist resorts, tourist spots or zones already planned for tourism development.

2. Acts of violation of regulations on management, exploitation and use of tourism resources and tourism development planning not governed by this Decree shall be sanctioned under government decrees on sanctioning administrative violations in relevant state management domains.

Article 18. Violations of regulations on the protection of tourism environment

1. Caution or a fine of between 100,000 and VND 500,000 shall be imposed for one of the following acts:

a) Failing to display environmental protection rules at easy-to-notice places in tourist accommodation establishments, tourist resorts and tourist spots, and on means of transportation of tourists;

b) Failing to arrange waste collection and treatment equipment and facilities at tourist accommodation establishments, on means of transportation of tourists and in tourist resorts and tourist spots;

c) Damaging wild animal habitats in areas with tourism resources;

d) Felling trees, cutting and breaking tree branches or other acts of damaging trees and vegetational cover in areas with tourism resources.

2. Acts of illegally using rare and precious wild plants and animal for tourist business purposes shall be sanctioned under the Government’s Decree on sanctioning administrative violations in the domain of forest management and protection and forest product protection.

3. Acts of violation of regulations on environmental protection not governed in this Decree shall be sanctioned under the Government’s Decree on sanctioning administrative violations in the domain of environmental protection.

4. Additional sanctioning form:

Confiscation of material evidences and means used in administrative violations, for the act specified at Point d, Clause 1, of this Article.

5. Remedies:

a) Forced display of environmental protection rules according to regulations, for the act specified at Point a, Clause 1, of this Article;

b) Forced arrangement of waste collection and treatment equipment, for the act specified at Point b, Clause 1, of this Article;

c) Forced restoration of the original state, which has been altered due to the act specified at Point d, Clause 1, of this Article.

Article 19. Violations of regulations on management of and business activities in tourist resorts and tourist spots

Caution or a fine of between VND 200,000 and VND 1,000,000 shall be imposed for one of the following acts:

1. Failing to issue tourist resort or tourist spot management regulations.

2. Issuing tourist resort or tourist spot regulations, which are contrary to the provisions of law.

3.Violating regulations of tourist resorts or tourist spots.

Article 20. Sanctioning acts of obstructing acts of inspection and examination and handling of administrative violations

1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following acts:

a) Failing to produce or insufficiently producing papers and documents related to the examination, inspection or handling of violations at the request of competent persons or agencies;

b) Producing illegal papers to shirk examination, inspection or handling of violations.

2. A fine of between VND 2,000,000 and VND 4,000,000 shall be imposed for one of the following acts:

a) Deliberately delaying or shirking the examination, inspection or handing of violations by competent persons or agencies;

b) Removing without permission seals of material evidences or means used in violations or altering without permission scenes of administrative violations;

c) Dispersing, modifying or fraudulently swapping material evidences currently subject to examination, inspection or seizure;

d) Insulting, attacking and resisting competent persons or agencies performing examination, inspection or violation-handling tasks.

3. Additional sanctioning forms and remedies:

a) Confiscation of material evidences and means used in administrative violations, for acts specified at Points b and c, Clause 2, of this Article;

b) Forced compliance with decisions of competent agencies or persons, for acts specified in Clause 1, and at Point a, Clause 2, of this Article.

Chapter III

COMPETENCE AND PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS

Article 21. Competence of People’s Committees at all levels to sanction administrative violations

1. Commune-level People’s Committee presidents have competence under Article 28 of the Ordinance on the Handling of Administrative Violations to sanction acts of administrative violation specified in this Decree committed in localities under their management.

2. District-level People’s Committee presidents have competence under Article 29 of the Ordinance on the Handling of Administrative Violations to sanction acts of administrative violation specified in this Decree committed in localities under their management.

3. Provincial-level People’s Committee presidents have competence under Article 30 of the Ordinance on the Handling of Administrative Violations to sanction acts of administrative violation specified in this Decree committed in localities under their management.

Article 22. Competence of specialized tourism inspectors to sanction administrative violations

1. Specialized tourism inspectors on duty have the powers to:

a) Serve caution;

b) Impose fines of up to VND 200,000;

c) Confiscate material evidences and means used in administrative violations which are valued at up to VND 2,000,000;

d) Apply remedies specified at Points a, b and d, Clause 3, Article 12, of the Ordinance on the Handling of Administrative Violations; e) Exercise other powers as provided for by the law on handling of administrative violations.

2. Chief inspectors of provincial-level agencies in charge of tourism have the powers to:

a) Serve caution;

b) Impose fines of up to VND 20,000,000;

c) Deprive of the right to use licenses and practice certificates falling within the scope of their competence;

d) Confiscate material evidences and means used in administrative violations;

e) Apply remedies specified at Point a, b and d, Clause 3, Article 12, of the Ordinance on the Handling of Administrative Violations; f) Exercise other powers as provided for by the law on handling of administrative violations.

3. The chief inspector of the Ministry of Culture, Sports and Tourism has the powers to:

a) Serve caution;

b) Impose fines of up to VND 30,000,000;

c) Deprive of the right to use licenses and practice certificates falling within the scope of their competence;

d) Confiscate material evidences and means used in administrative violations;

e) Apply remedies specified at Points a, b and d, Clause 3, Article 12, of the Ordinance on the Handling of Administrative Violations;

f) Exercise other powers as provided for by the law on handling of administrative violations.

Article 23. Competence of police, coast guard and border guard offices and specialized inspectorates

1. Police, coast guard and border guard officers who have competence to sanction administrative violation may sanction in accordance with the Ordinance on the Handling of Administrative Violations acts of administrative violation specified in this Decree which fall within geographical areas or domain under their management.

2. Officers of other specialized inspectorates who have competence to sanction administrative violations may sanction under Article 38 of the Ordinance on the Handling of Administrative Violations acts of administrative violation specified in this Decree which fall within geographical areas or domains under their management.

Article 24. Principles for determining the competence to sanction administrative violations and authorization of the competence to sanction administrative violations

The principles for determining the competence to sanction administrative violations and the authorization of the competence to sanction administrative violations in the domain of tourism comply with the provisions of the Ordinance on the Handling of Administrative Violations.

Article 25. Procedures for sanctioning administrative violations

Procedures for sanctioning administrative violations in the domain of tourism comply with the provisions of the Ordinance on the Handling of Administrative Violations.

Article 26. Procedures for depriving the right to use licenses or practice certificates

The procedures for depriving the right to use international travel business licenses and tourist guide’s cards comply with the provisions of Article 59 of the Ordinance on the Handling of Administrative Violations.

Article 27. Procedures for confiscating and disposing of material evidences and means used in violations

The procedures for confiscating and disposing of material evidences and means used in violations comply with the provisions of Articles 60 and 61 of the Ordinance on the Handling of Administrative Violations.

Article 28. Compliance with administrative violation-sanctioning decisions

1. Unless otherwise provided for by law, within 10 days from the date of being given a sanctioning decision, individuals or organizations that are sanctioned for administrative violations in the domain of tourism shall comply with the sanctioning decision. Past this time limit, if sanctioned individuals or organizations fail to voluntarily comply with sanctioning decisions, they shall be forced to do so in accordance with law.

2. Individuals or organizations that are fined shall pay fine amounts indicated in the sanctioning decisions at a stale treasury and receive fine receipts or pay fine amounts directly to sanctioning decision-issuing persons and receive fine receipts according to state regulations.

3. The postponement of the compliance with a fine-imposing decision complies with Article 65 of the Ordinance on the Handling of Administrative Violations.

Article 29. Enforcement of administrative violation-sanctioning decisions

1. If individuals or organizations that are sanctioned for administrative violations in the domain of tourism fail to voluntarily comply with sanctioning decisions, they shall be forced to comply with these decisions under the provisions of Article 66 of the Ordinance on the Handling of Administrative Violations.

2. When applying measures to enforce administrative violation-sanctioning decisions, competent agencies or persons shall observe the enforcement order and procedures prescribed by the law on procedures for applying measures to enforce administrative violation-sanctioning decisions.

3. The competence to issue decisions to enforce administrative violation- sanctioning decisions complies with the provisions of Article 67 of the Ordinance on the Handling of Administrative Violations.

Article 30. Provisions on application of remedies

1.Persons with sanctioning competence specified in Article 21, Article 22 and Article 23 of this Decree shall, when deciding on the application of remedies, base themselves on legal provisions and the actual damage caused by acts of administrative violation, and take responsibility before law for their decisions.

2. Unless otherwise provided for by law, individuals or organizations that are subject to remedies shall take these remedies within 10 days after receiving sanctioning decisions.

3. If material evidences and means used in administrative violations in the domain of tourism are subject to confiscation or destruction, this measure shall be taken under the provisions of Articles 60 and 61 of the Ordinance on the Handling of Administrative Violations.

Article 31. Application of measures to prevent administrative violations

1. In order to prevent in time administrative violations and secure the handling of administrative violations in the domain of tourism, competent persons may apply administrative preventive measures in accordance with the Ordinance on the Handling of Administrative Violations.

2. The competence, order of and procedures for applying measures to prevent administrative violations and secure the sanctioning of administrative violations in the domain of tourism comply with the Ordinance on the Handling of Administrative Violations.

Chapter IV

COMPLAINTS, DENUNCIATIONS, COMMENDATION, AND HANDLING OF VIOLATIONS

Article 32. Complaints and denunciations

1. Individuals and organizations that are sanctioned for administrative violations or their lawful representatives may lodge complaints about administrative violation-sanctioning decisions in accordance with the law on complaints and denunciations.

2. Citizens may denounce to competent state agencies acts of administrative violation committed by organizations and individuals specified in this Decree or denounce law-breaking acts committed by persons competent to sanction administrative violations in the domain of tourism in accordance with law.

3. Pending the settlement of complaints or denunciations by competent agencies, sanctioned individuals or organizations shall still comply with sanctioning decisions.

4. The order, procedures, time limits and competence for lodging complaints or denunciations and for settling denunciations and complaints about the sanctioning of administrative violations in the domain of tourism comply with the provisions of law on complaints and denunciations.

Article 33. Commendation

Individuals and organizations that record merits in the prevention and fight of administrative violations in the domain of tourism are entitled to commendation and reward in accordance with law.

Article 34. Handling of violations

1. Persons with competence to sanction administrative violations in the domain of tourism who commit acts of harassing, tolerating, covering up, refraining from sanctioning, delaying the sanctioning of, or sanctioning ultra vires, administrative violations, shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability; if causing damage, they shall pay compensation therefor in accordance with law.

2. If individuals or organizations that are sanctioned for administrative violations in the domain of tourism fail to voluntarily comply with sanctioning decisions, they are subject to forced compliance. When committing administrative violations, if they commit acts of obstructing or resisting officers on duty or employ deceitful tricks, offer bribes or employ other tricks to delay or shirk their compliance with sanctioning decisions issued by competent persons, they shall, depending on the nature and severity of their violations, be handled administratively or examined for penal liability; if causing damage, they shall pay compensation therefor in accordance with law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 35. Implementation effect

1. This Decree takes effect 15 days after its publication in CONG BAO.

2. This Decree replaces the Government’s Decree No. 50/2002/ND-CP dated April 25, 2002, on sanctioning administrative violations in the domain of tourism.

Article 36. Implementation responsibilities

1. The Minister of Culture, Sports and Tourism shall organize the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of People’s Committees of provinces and centrally run cities shall implement this Decree.

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER

Nguyen Tan Dung

 

Leave a Reply

Your email address will not be published. Required fields are marked *

Scroll to top