Thông tư 05/2001/TT-TCDL của Tổng cục Du lịch hướng dẫn thực hiện Nghị định số 47/2001/NĐ-CP ngày 10/8/2001 của Chính phủ về chức năng, nhiệm vụ, quyền hạn và tổ chức của Thanh tra Du lịch

CIRCULAR

GUIDING THE IMPLEMENTATION OF THE GOVERNMENT’S DECREE No. 47/2001/ND-CP OF AUGUST 10, 2001 ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATION OF THE TOURIST INSPECTORATE

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 Tourism Ordinance No. 11/1999/PL-UBTVQH10 of February 8, 1999;

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

Pursuant to the Government’s Decree No. 47/2001/ND-CP of August 10, 2001 on the functions, tasks, powers, and organization of the Tourist Inspectorate;

After reaching agreement with the State Inspector General and the Minister-Director of the Government Commission for Organization and Personnel, the General Director of Tourism hereby provides detailed guidance for uniform implementation as follows:

I. FUNCTIONS OF THE TOURIST INSPECTORATE

The Tourist Inspectorate is the State inspection organization specialized in tourism, which performs the function of State inspection according to the provisions of the Inspection Ordinance and other relevant inspection legislation; and at the same time, performs the function of specialized inspection according to the provisions of the Tourism Ordinance and other relevant legislation on tourism a swell as legislation on the handling of administrative violations.

II. ORGANIZATION OF THE TOURIST INSPECTORATE

1. Organization of the Tourist Inspectorate

The Tourist Inspectorate belongs to the organizational system of the State Inspectorate, comprising:

1.1. The Inspectorate of the General Department of Tourism;

1.2. The Inspectorates of the provincial/municipal Tourist Services (in this Circular the terms below shall be construed as follows: the provincial/municipal Services performing the task of State management of tourism such as the provincial/municipal Tourist Services, Tourist-Trade Services, and Trade-Tourist Services shall be called provincial/municipal Tourist Services. The provincial/municipal Tourist Service Inspectorates and the Tourist Inspectorates belonging to the Inspectorates of the provincial/municipal Tourist-Trade Services or Trade-Tourist Services shall be called the provincial/municipal Tourist Service Inspectorates).

2. The tourist inspectorate collaborators

The tourist inspectorate collaborators are those who are invited by the Tourist Inspectorate to join in the inspection activities when necessary. The participation of collaborators must be approved in writing by the heads of managing agencies or the heads of the units. Collaborators shall be trained and fostered in inspection operations and allowed to join in the inspection activities as prescribed by the Chief Tourist Inspector.

3. The Inspectorate of the General Department of Tourism

3.1. The Inspectorate of the General Department of Tourism is an organization belonging to the apparatus of the General Department of Tourism, subject to the direct management and leadership of the General Director of Tourism and the direction in work, organization and professional operations of the General State Inspector.

3.2. The Inspectorate of the General Department of Tourism shall have a chief inspector, deputy chief inspector, inspectors, and other officials and employees; comprise professional sections and a general section.

3.3. The appointment and dismissal of the chief inspector, deputy chief inspector and inspectors shall comply with law provisions.

4. The provincial/municipal Tourist Service Inspectorate

4.1. The provincial/municipal Tourist Service Inspectorate is an organization belonging to the apparatus of the provincial/municipal Tourist Service, subject to the direct management and leadership of the director of the provincial/municipal Tourist Service and the direction in work, organization, and professional operations of the chief inspector of the General Department of Tourism and the Chief State inspector of the province or centrally-run city.

The provincial/municipal Tourist Service Inspectorate shall have a chief inspector, deputy chief inspector, inspectors, and other officials and employees; comprise professional sections.

The appointment and dismissal of the chief inspector, deputy chief inspector and inspectors shall comply with law provisions.

4.2. The Tourist Inspectorate belonging to the Inspectorate of a provincial/municipal Tourist-Trade Service or Trade-Tourist Service is a section of the Service Inspectorate, subject to the direct management of the director of such Service and the direction in work, organization and professional operations of the chief inspector of the General Department of Tourism and the chief State inspector of the province or centrally-run city;

The Tourist Inspectorate belonging to the provincial/municipal Trade-Tourist Service or Tourist-Trade Service shall be managed by the chief inspector of such Service, comprise inspectors and other officials and employees.

5. Seal and account

5.1. The Inspectorate of the General Department of Tourism shall have its own seal and pending’settlement money account for the performance of inspection operations according to law provisions.

5.2. The Inspectorate of the provincial/municipal Tourist Service shall have its own seal and use the account of the provincial/municipal Tourist Service.

The Tourist Inspectorate belonging to the Inspectorate of the provincial/municipal Tourist-Trade Service or Trade-Tourist Service shall use the Service Inspectorate’s seal and the Service’saccount.

III. OBJECTS OF THE TOURIST INSPECTORATE

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

1.1. Organizations and individuals under the direct management of the General Department of Tourism, including: organizations and individuals of the General Department of Tourism as well as non-business units and enterprises attached thereto.

1.2. Vietnamese organizations and individuals engaged in tourist business and activities in Vietnam and foreign countries, that are under the State management of the General Department of Tourism.

1.3. Foreign organizations and individuals engaged in tourist business and activities in Vietnam, that are under the State management of the General Department of Tourism.

1.4. Organizations and individuals, that have filed written complaints to the Inspectorate of the General Department of Tourism to request the settlement of affairs under the jurisdiction of the provincial/municipal Tourist Service Inspectorates, which had been settled and concluded in writing.

2. Objects of the provincial/municipal Tourist Service Inspectorates

2.1. Organizations and individuals under the direct management of the provincial/municipal Tourist Services, including: organizations and individuals of the provincial/municipal Tourist Services as well as enterprises and non-business units attached thereto.

2.2. Vietnamese and foreign organizations and individuals engaged in tourist business and activities in the localities under the management of the provincial/municipal Tourist Services.

2.3. Vietnamese organizations and individuals engaged in tourist business and activities in foreign countries, that are under the State management of the provincial/municipal Tourist Services.

IV. TASKS, POWERS AND RESPONSIBILITIES OF THE TOURIST INSPECTORATE

1. To perform the State inspection function

The Tourist Inspectorate shall have the functions, tasks, powers and responsibilities of a State Inspectorate, as prescribed in the Inspection Ordinance and other current legislation on inspection.

2. To perform the function of specialized inspection

2.1. Tasks according to the function of specialized inspection:

The Tourist Inspectorate shall perform the task of inspecting various domains: the State management of tourism; tourist business; protection, exploitation, use and development of resources and national properties in tourism; tourist promotion and international cooperation on tourism; tourists and other tourist activities;

a) The Tourist Inspectorate shall be tasked to directly inspect the observance of the tourist branch’s regulations and the State’s policies and laws on tourism by inspection objects prescribed in this Circular, including:

- To inspect the contents of annual inspection plans already approved by the heads of agencies of the same level;

- To carry out inspection under the direction of the heads of agencies of the same level or the heads of superior tourist inspectorates;

- To carry out inspection for the settlement of complaints and denunciations when so assigned by the heads of the agencies of the same level or the heads of superior tourist inspectorates;

- To carry out irregular inspection when detecting signs of violating the branch’s regulations and/or the State’s law in tourist business and activities.

b) The task of sanctioning administrative violations, including:

- To apply forms of administrative sanction according to the provisions of the Ordinance on Handling of Administrative Violations and Decree on sanctions against administrative violations in the field of tourism.

- To apply forms of administrative sanction according to the provisions of other specialized legislation against violation acts committed in tourist business and activities by various subjects.

- To check, verify, conclude on, and propose or take measures to handle complaints and denunciations of inspection objects or citizens, related to specialized inspection activities.

2.2. Powers vested according to the specialized inspection function:

a) To exercise the rights prescribed in the Inspection Ordinance and other relevant legal documents.

b) To take preventive measures and impose sanctions against administrative violations according to the Ordinance on Handling of Administrative Violations, the Decree on sanctions against administrative violations in the field of tourism, and the provisions of current legislation on sanctions against administrative violations relating to tourist business and activities.

c) The Chief Inspector of the General Department of Tourism, the chief inspectors of the provincial/municipal Tourism Services shall have the right to decide on sanctions against administrative violations according to the levels prescribed in the Ordinance on Handling of Administrative Violations, the Decree on sanctions against administrative violations in the field of tourism, and the provisions of other specialized legislation when violations in tourist business and activities are committed in the localities under their management.

d) The tourist inspectors shall have the right to decide on sanctions against administrative violations according to the levels prescribed in the Ordinance on Handling of Administrative Violations, the Decree on sanctions against administrative violations in the field of tourism, and the provisions of other specialized legislation when violations in tourist business and activities are committed in the localities under their management.

Tourist Inspectorate collaborators shall not have the right to impose sanctions against administrative violations.

e) To invite collaborators to join in the inspection team.

f) To transfer dossiers on the inspected cases and affairs to responsible legal bodies for criminal examination if deeming that the acts of the inspected subjects constitute signs of crime.

g) The tourist inspectors shall be equipped with uniform and necessary equipment and facilities in order to perform their tasks.

2.3. Responsibilities assigned according to specialized inspection function

a) To protect the legitimate rights and interests of the State, organizations and individuals engaged in tourist business and activities; defend the socialist legislation in the field of tourism.

b) To carry out inspection against the right subjects and within the right scope and competence prescribed in this Circular and current legislation on inspection.

c) To carry out inspection under the direction of the head of the agency of the same level or the superior inspectorates.

d) In the inspection process, to strictly comply with the inspection principles, order, procedures and duration prescribed in Chapter IV of the Inspection Ordinance, Chapter III of the Government’s Decree No. 61/1998/ND-CP of August 15, 1998 on the inspection and examination of enterprises, and other law provisions.

e) The Tourist Inspectorates and tourist inspectors, when conducting inspection, to abide by law only and take responsibility before law and the competent State agency for all their acts and decisions.

f) Before conducting the inspection, the head of the inspection team shall have to announce the inspection decision of the head of the unit or the Chief Inspector.

g) Tourist inspectors shall, in order to carry out irregular inspection when detecting law-breaking acts which infringe upon the legitimate rights and interests of the State, organizations and individuals engaged in tourist business and activities or tourists and must be stopped in time, have to produce the inspector’s cards. Upon the completion of the inspection, the inspectors shall have to immediately report thereon to the chief inspector of the same level.

h) To report to the head of the agency of the same level and the superior inspectorates about the inspection results and propose remedial and preventive measures as well as recommendation; send monthly, quarterly and annual reports according to general regulations.

i) The Chief Inspector of the General Department of Tourism and Chief Inspectors of provincial/municipal Tourist Services shall have to settle complaints and denunciations and reply questions of inspected subjects according to law.

j) To perform other tasks as prescribed by Decree No. 47/2001/ND-CP and relevant legislation.

V. RIGHTS AND OBLIGATIONS OF THE OBJECTS OF THE TOURIST INSPECTORATE

The inspection objects shall have the rights and obligations according to Article 35 of the Inspection Ordinance and other relevant legislation. Some rights and obligations are clarified as follows:

1. To refuse the inspection in case of failure to produce inspection decision or the inspectors’cards for, irregular inspection.

2. To lodge complaints, denunciations or petitions to the heads of the agencies issuing inspection decisions or the superior inspectorates against law-breaking acts committed by inspectorates or inspectors during the process of inspection. Pending the settlement thereof, the inspection objects shall still have to obey decisions of the Tourist Inspectorates;

3. To have the obligation to execute the decisions and strictly comply with the requests of the Tourist Inspectorates, heads of the inspection teams or inspectors, bear responsibility for the accuracy of the supplied information and documents; and not to obstruct, buy off or take revenge on tourist inspectorates and/or inspectors.

VI. WORKING RELATIONSHIP OF THE TOURIST INSPECTORATE

1. The relationship between the Inspectorate of the General Department of Tourism and the provincial/municipal Tourist Service Inspectorates

1.1. The Inspectorate of the General Department shall direct and guide the provincial/municipal Tourist Service Inspectorates in their professional operations and elaboration of the annual inspection programs and plans.

1.2. The Inspectorate of the General Department shall direct, guide and coordinate with the provincial/municipal Tourist Service Inspectorates in carrying out specialized inspections, large-scale inspections and settling matters related to inspection activities.

1.3. The Inspectorate of the General Department of Tourism shall study, consider and settle proposals on tourist inspection activities of the provincial/municipal Tourist Service Inspectorates.

2. The relationship between the Inspectorate of the General Department of Tourism and the State Inspectorate

2.1. The Inspectorate of the General Department of Tourism shall be subject to the organizational, professional and operational direction and guidance of the State Inspectorate and maintain other working relations with the State Inspectorate according to the provisions of the inspection legislation.

2.2. The Inspectorate of the General Department of Tourism shall have to report to the State Inspectorate on its working programs and inspection results according to the State Inspectorate’s regulations.

2.3. To propose to the State Inspectorate the training and fostering on inspection operation; the appointment and dismissal of tourist inspectors.

3. The relationship between the Inspectorate of the General Department of Tourism and the Inspectorates of ministries and branches

3.1. The Inspectorate of the General Department of Tourism shall coordinate with the Inspectorates of the concerned ministries and branches in providing working and professional guidance and direction, working out inspection plans, and settling matters related to tourist business and activities.

3.2. When inspecting the operation of organizations and/or individuals engaged in tourist business and activities, if detecting signs of law violations relating to the management responsibility of ministries and branches, as well as agencies, units or localities, the Inspectorate of the General Department of Tourism shall notify the Inspectorates of these ministries or the State Inspectorates of these provinces or centrally-run cities thereof and vice versa.

4. The relationship between the provincial/municipal Tourist Service Inspectorates and the inspectorates of other provincial/municipal Services

4.1. The provincial/municipal Tourist Service Inspectorates shall coordinate with the inspectorates of the concerned provincial/municipal Services and/or Departments in their respective localities in providing working and professional guidance and direction, working out inspection plans, and settling matters related to tourist business and activities.

4.2. When inspecting the operation of organizations and individuals engaged in tourist business and activities in their respective localities, if detecting signs of law violations relating to the management responsibility of other services, branches, agencies, units and localities, the provincial/municipal Tourist Service Inspectorates shall have to notify the inspectorates of such services or branches and the superior managers of the inspection objects thereof and vice versa.

4.3. The relationship between the provincial/municipal Tourist Service Inspectorates and the inspectorates of the managing ministries and branches, the State Inspectorates of the provinces and centrally-run cities and law enforcement bodies shall comply with law provisions.

5. The relationship between the Tourist Inspectorate and the People’s Inspectorate

The relationship between the Tourist Inspectorate and the People’s Inspectorate shall comply with the provisions in the Inspection Ordinance of April 1, 1990; Decree No. 241-HDBT of August 5, 1991 of the Council of Ministers stipulating the organization and operation of the People’s Inspection Boards.

VII. COMMENDATION, REWARD AND HANDLING OF VIOLATIONS

1. Organizations and individuals that record achievements in inspection activities shall be commended and/or rewarded according to current regimes.

2. Organizations and individuals that commit acts of violating law provisions, lack responsibility in performing their official duties or cover up organizations and individuals that commit acts of violating law provisions on tourist business and activities; or abuse their positions and powers, thus infringing upon the legitimate rights and interests of agencies, organizations or individuals shall, depending on the seriousness of their violations, be administratively handled, have to pay compensation for damage, or be examined for penal liability according to law provisions.

3. Persons who obstruct, buy off or take revenge on inspectors shall, depending on the seriousness and nature of their violations, be handled administratively, have to pay conspensation for damage or be examined for penal liability according to law provisions.

VIII. IMPLEMENTATION ORGANIZATION

The General Department of Tourism and the People’s Committees of the provinces and centrally-run cities shall have to coordinate with each other in directing and inspecting the implementation of this Circular.

The provincial/municipal Tourist Services (Tourist-Trade Services and Trade-Tourist Services) shall have to implement as well as urge and inspect organizations and individuals engaged in tourist business and activities to implement this Circular.

This Circular takes effect 15 days after its signing. In the course of implementation, if any problems arise, agencies and units should promptly report them to the General Department of Tourism for study and proper amendments.