Nghị định 47/2001/NĐ-CP của Chính phủ về chức năng, nhiệm vụ, quyền hạn và tổ chức của Thanh tra Du lịch

DECREE

ON THE FUNCTION, TASKS, POWERS AND ORGANIZATION OF THE TOURIST INSPECTORATE

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to the Inspection Ordinance of April 1, 1990;

Pursuant to the Ordinance on Tourism of February 8, 1999;

Pursuant to the Ordinance on Handling of Administrative Violations of July 6, 1995;

At the proposals of the General Director of Tourism and the Minister-Head of the Government Commission for Organization and Personnel,

DECREES:

Article 1.-The Tourist Inspectorate is the State inspection organization specializing in tourism with the function of inspecting the various domains of tourist activities, including State management of tourism; tourist business; protection, exploitation, use and development of natural resources and national properties in tourism; tourist promotion and international cooperation in tourism; tourists and other tourist activities.

Article 2.-Organization of the Tourist Inspectorate

1. The organization of the Tourist Inspectorate includes:

a/ The Inspectorate of the General Department of Tourism, which performs the function of the Inspectorate of a ministry (or a ministerial-level agency or an agency attached to the Government) in the domain of State management over tourism, tourist business and activities;

b/ The Tourist Service Inspectorates, the Tourist Inspectorates belonging to the Inspectorates of other services, which have the function of State management over tourism (called State management services in tourism), perform the function of the Service Inspectorates in the domain of State management over tourism, tourist business and activities in the localities under their jurisdiction.

2. The Inspectorate of the General Department of Tourism and the Tourist Service Inspectorates have their own seals, a Chief Inspector, a number of Deputy Chief Inspectors and Inspectors appointed according to the provisions of law, supplied with the uniform prescribed by the General State Inspectorate and the General Director of Tourism; the Tourist Inspectorate attached to the Service Inspectorate performing State management over tourism shall use the seal of the controlling Service Inspectorate.

3. The concrete organizational apparatus of the Tourist Inspectorate is stipulated by the head of the agency of the same level after consultation with the head of the State inspectorate of the same level.

Article 3.-Objects of the Tourist Inspectorate

1. Objects of the General Inspectorate of the General Department of Tourism include:

a/ Organizations and individuals under the direct management of the General Department of Tourism;

b/ Vietnamese organizations and individuals engaged in tourist business and activities in the country and abroad; foreign organizations and individuals engaged in tourist business and activities in Vietnam under the State management by the General Department of Tourism;

c/ Affairs under the jurisdiction of the Inspectorate of the Tourist Service and the Tourist Inspectorate attached to the Inspectorate of the State management service in tourism, which have been settled but the concerned persons are still protesting and have filed complaints to the Inspectorate of the General Department of Tourism, proposing the settlement.

2. Objects of the Inspectorate of the Tourist Service and Tourist Inspectorate under the Inspectorate of the State management service in tourism (hereafter called collectively as Inspectorate of the Tourist Service):

a/ Organizations and individuals under the direct management of the Tourist Service or organizations and individuals engaged in tourist business activities under the direct management of the State management service in tourism;

b/ Vietnamese organizations and individuals engaged in tourist business and activities in the country or abroad; foreign organizations and individuals engaged in tourist business and activities in Vietnam within the scope of State management over tourism in the locality under its management.

Article 4.-Tasks of the Inspectorate of the General Department of Tourism

1. To perform the tasks of the Inspectorate of a ministry (ministerial-level agency, agency attached to the Government) toward organizations and individuals under the direct management of the General Department of Tourism.

a/ To take part in elaborating legal documents on Tourist Inspectorate, drawing up working programs and plans on Tourist Inspectorate to be submitted to the competent authority for decision;

b/ To monitor, guide and inspect the heads of the agencies and units under State management of the General Department of Tourism in the observance of the law provisions on the inspection work, the working programs and plans as well as professional operations of Tourist Inspectorate of the lower level;

c/ To provide professional fostering in inspectorate and tourist inspectorate for tourist inspectors and collaborators of tourist inspectors, heads of the agencies and units attached to the General Department of Tourism, the Tourist Services, and the State management services in tourism and other objects engaged in tourist business and activities;

d/ To perform the tasks assigned by the General Director of the General Department of Tourism concerning the handling and settlement of complaints and denunciations about the organizations and individuals under direct management of the General Department of Tourism, including the reception of written complaints and denunciations, verification and conclusion on the affairs and proposing to the General Director measures to settle these complaints and denunciations according to the provisions of law;

e/ To inspect the implementation of the State plan, the performance of the assigned tasks and powers, and the observance of policies and laws of the State by organizations and individuals subject to inspection.

2. To perform the function of specialized inspection of tourism, including:

a/ To inspect and conclude on the implementation of regulations of the tourist service, the State’s policies and laws related to the tourist business and activities, by the objects of inspection;

b/ To take measures to prevent acts of organizations and individuals engaged in tourist business and activities if such acts are deemed to have seriously violated the regulations of the service and the State’s policies and laws on tourism;

c/ To take administrative sanctions as prescribed by law;

d/ To check, verify, draw conclusion and propose or take measures to handle complaints and denunciations about violations of the regulations in the domain of tourist business and activities of objects of inspection under its jurisdiction or objects of inspection of the lower level that have been settled by the competent authority but are still complained by the concerned parties.

Article 5.-Tasks of the Tourist Service Inspectorate

1. To perform the task of the Service Inspectorate with regard to organizations and individuals under the direct management of the Tourist Service, or organizations and individuals engaged in tourist business and activities under direct management of the State management service in tourism:

a/ To work out the working programs and plans on tourist inspection, and submit them to the competent authority for decision;

b/ To monitor, guide and inspect the head of the agency or the unit under the State management of the Service in the implementation of the State regulations on inspection work;

c/ To take part in providing professional fostering on inspection work and tourist inspection work for tourist inspectors, and collaborator of tourist inspectorate, heads of agencies and units attached to the Tourist Service, the State management service in tourism and other objects engaged in tourist business and activities;

d/ To perform the tasks assigned by the Service Director in handling complaints and denunciations against organizations and individuals under direct management of the Tourist Service, the State management service in tourism, including the reception of complaints and denunciations; verification and conclusion on the affairs and proposing to the head of the same level measures to settle these complaints and denunciations according to the provisions of law.

e/ To inspect the implementation of the State plans, the performance of the assigned tasks and powers, and the observance of the State’s laws by organizations and individuals being the objects of inspection.

2. To perform the function of specialized inspection in tourism including:

a/ To inspect and conclude on the observance of the regulations of the Tourist Service and the State’s policies and laws related to tourist business and activities by objects of inspection;

b/ To take measures to prevent acts of organizations and individuals engaged in tourist business and activities if such acts are deemed to have seriously violated the regulations of the service as well as the State’s policies and legislation on tourism;

c/ To take administrative sanctions as prescribed by law;

d/ To check, verify, draw conclusions and propose or adopt measures of handling complaints and denunciations against violations of regulations in the domain of tourist business and activities by objects of inspection.

Article 6.-Relations of the Tourist Inspectorate with other agencies

1. The Tourist Inspectorate operates under the direct guidance of the head of the agency of the same level and the direction and guidance in work, organization and profession of the higher-level inspectorate.

2. The Tourist Inspectorate maintains relations of coordination with the inspectorates of other branches in directing the work and profession of inspection concerning the tourism-related questions; with the Public Security Service, the People’s Procuracy, the People’s Court of the same level and other relevant agencies in preventing, checking and fighting violations and criminals.

Article 7.-Powers of the Tourist Inspectorate

1. To propose to the head of the agency of the same level and to the higher level inspectorate measures of prevention and handling after inspecting , verifying and concluding on the affairs.

2. To request the concerned individuals and organizations to supply necessary information and documents in service of the inspection work; to request the relevant agencies and organizations to send their personnel to take part in the inspection.

3. To temporarily suspend the execution of the decision of the agency or unit under the management of the agency of the same or lower level related to the affair and to the object of inspection if it deems that the execution of such decision shall hinder the inspection.

4. To temporarily suspend a work if it deems that such work violates the law and causes damage or threatens to damage the interests of the State or the legitimate rights and interests of agencies, organizations and citizens.

5. To temporarily suspend the work and serve a warning to the object of inspection under its management if he/she/it takes actions of deliberately preventing the performance of the inspection task. In case the object is not under its management, it shall have to report to the competent authority for decision.

6. To seal the documents, sequester properties and request the competent authority to temporarily seize money and objects, suspend operations or withdraw the business registration certificate and the related operation permit if there are grounds to believe that a law-breaking act has been committed and action must be taken to check it and measures must be adopted to handle it in time.

7. To request expertise and to invite collaborators to join in the inspection, if necessary.

8. To take preventive measures and impose sanctions according to the current legislation on handling administrative violations.

9. To transfer the dossier on the violation of law to the criminal investigation agency for handling according to law provisions if signs of criminal offences are detected.

10. To exercise other rights as prescribed by law.

Article 8.-Responsibilities of the Tourist Inspectorate

1. The Tourist Inspectorate has the responsibility to protect the legitimate rights and interests of the State, organizations and individuals engaged in tourist activities and business; defend socialist legality in the domain of tourist business and activities.

2. To perform the tasks of the Tourist Inspectorate towards the right objects and within its competence as stipulated in this Decree according to the current legislation on inspection.

3. Before conducting an inspection, the inspector must make public the inspection decision of the competent authority. In unnotified inspections, he/she must produce the Inspector Card.

4. To carry out in time the inspection as directed by the head of the agency of the same level or the higher-level Inspectorate.

5 .In the process of inspecting, to strictly observe the principles, order, procedure and duration of inspection as according to the current legislation.

6. In conducting the inspection, to obey only the law, and take responsibility before law and the competent State agency for all their acts and decisions.

7. To report to the head of the agency of the same level and the higher-level inspectorate about the results of the inspection and propose measures of handling and prevention.

Article 9.-The agencies, organizations and individuals that make meritorious achievements in tourist inspection activities shall be commended and rewarded according to stipulations of law. Those officials and inspectorate collaborators who misuse their positions and powers to seek their own profits or who, for personal motives, infringe upon the legitimate rights and interests of agencies, organizations or individuals shall, depending on the seriousness of their violations, be dealt with according to the provisions of law.

Article 10.-This Decree takes effect 15 days after its signing. The earlier regulations which are contrary to this Decree are now annulled.

Article 11.-The General Director of Tourism shall assume the prime responsibility and coordinate with the General Inspector of the State and the Minister-Head of the Government Commission for Organization and Personnel in guiding the implementation of this Decree.

Article 12.-The ministers, the heads of ministerial-level agencies, the heads of the agencies attached to the Government, and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.