Nghị định 45/2019/NĐ-CP xử phạt vi phạm hành chính trong lĩnh vực du lịch

THE GOVERNMENT

DecreeNo. 45/2019/ND-CP dated May 21, 2019of the Government on penalties for administrative violations in tourism

Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;

Pursuant to the Law on Tourism dated June 19, 2017;

At the request of the Minister of Culture, Sports and Tourism;

The Government promulgates a Decree on penalties for administrative violations in tourism.

Chapter I

GENERAL PROVISIONS

Article 1. Scopeof regulation

1. This Decree sets forth administrative violations, penalties, amounts of fines, remedial measures, power to impose penalties, power to make an administrative offense report in tourism.

2. Other administrative violations in tourism not elsewhere set forth in this Decree shall apply regulations of other decrees of the Government on penalties for administrative violations in relevant sectors.

Article 2.Subjects of application

1. Vietnamese organizations and individuals engaging in tourism in Vietnam’s territory and abroad; foreign organizations and individuals engaging in tourism in Vietnam’s territory.

2. Organizations being entities subject to penalties for administrative violations in tourism under this Decree include:

a) Tourism enterprises incorporated and operating under Vietnam’s law;

b) Branches and representative offices of tourism enterprises;

c) Tourism cooperatives, cooperatives unions;

d) Representative offices in Vietnam of foreign tourism agencies, international and regional tourism organizations;

dd) Tourism socio-professional organizations;

e) Management boards of tourist attractions, tourist areas, tourism public sector entities;

g) Guest houses, hostels of regulatory agencies providing tourist accommodation services.

3. Individuals being entities subject to penalties for administrative violations in tourism under this Decree, not specified in Clause 2 of this Article.

4. Persons having power to make administrative offense reports and impose penalties for administrative violations.

5. Other relevant agencies, organizations, and individuals.

Article 3. Penalties for administrative violations

1. Principal penalties

For each administrative violation in tourism, the wrongdoer must face one of following principal penalties:

a) Warnings;

b) Fines.

2. Additional penalties

Depending on nature and severity of the administrative violation in tourism, the wrongdoer may face single or multiple additional penalty(ies) below:

a) Having the following papers suspended for 1 to 24 months: license for tour operator business; tour guide badges; decision on recognition of rating of tourist accommodation establishments; decision on recognition of other tourism service business qualified for provision of services for tourists; decision on recognition of tourist attractions; decision on recognition of tourist areas; badge of tourist transport vehicles;

b) Having the operation mandatorily suspended for 1 to 6 months;

c) Having the following exhibits of administrative violations confiscated: fake license for tour operator business; fake tour guide badge; fake badge of tourist transport vehicles.

Article 4. Remedial measures

A wrongdoer committing administrative violation in tourism, apart from penalties prescribed in Article 3 hereof, may face single or multiple remedial measure(s) below:

1. Enforced transfer of the profits earned from administrative violations.

2. Enforced revocation of license for international tour operator business; tour guide badges; decision on recognition of rating of tourist accommodation establishments; decision on recognition of other tourism service business qualified for provision of services for tourists; decision on recognition of tourist attractions; decision on recognition of tourist areas.

3. Enforced removal of signboard showing service provider qualified for provision of services for tourists.

4. Enforced full payment of fees, charges and amounts payable as prescribed.

Article 5. Amounts of fines and power to impose fines in tourism

1. A fine of up to VND 50,000,000 in case of individuals or up to VND 100,000,000 in case of organizations shall be imposed on each administrative violation in tourism.

2. The amounts of fines prescribed in Articles 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 hereof shall be levied on individuals. The amounts of fines prescribed in Article 7 hereof shall be levied on organizations.

3. For a same administrative violation, the amount of fine levied on organizations will be equal to twice of the amount of fine levied on individuals.

4. The power to impose fines of competent entities specified in Chapter III of this Decree only applies to administrative violations of individuals; the power to impose fines on organizations will be equal to twice of the former power.

Chapter II

ADMINISTRATIVE VIOLATIONS, PENALTIES, AMOUNTS OF FINES AND REMEDIAL MEASURES

Article 6. Violations against general regulations on tourism business

1. A warning or a fine of from VND 200,000 to VND 500,000 shall be imposed for absence of staff or facilities to receive claims or feedbacks of tourists within scope of management.

2. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for delayed action against claims or feedbacks of tourists within the scope of management upon receipt of them.

3. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for one of the following violations:

a) Scrambling for tourists or forcing tourists to buy goods and services;

b) Discrimination against certain tourists;

c) Failure to follow proper reporting to competent authorities as prescribed.

4. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following violations:

a) Delayed notice to competent authorities upon discovery of accidents or risks involved in by tourists;

b) No action taken against claims or feedbacks of tourists within scope of management;

c) Illegal profits from tourists.

5. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) Non-warning of threats to tourists;

b) Failure to give notices or instructions to tourists in case of emergency.

6. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for non-cooperation with relevant entities in rescue of tourists.

7. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for non-adoption of safety measures to ensure life, health and assets of tourists.

8. Additional penalties:

Mandatory suspension of operation for 1 to 3 months imposed for violations specified in Clauses 5, 6 and 7 of this Article.

9. Remedial measures:

Enforced transfer of the profits earned from administrative violations prescribed in Point a Clause 3, Point c Clause 4 of this Article.

Article 7. Violations against regulations on tour operator business

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for delayed coordination with competent authorities in dealing with violations of law committed by tourists during their tour program.

2. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for one of the following violations:

a) Failure to guide or provide travel agencies with information about tour program;

b) Failure to instruct tourists to abide by the law and regulations of the tourist destination;

c) Failure to instruct tourists to show civilized behavior, respect the cultural identity, customs and practices of Vietnam and tourist destination;

d) Lack of mandatory terms and conditions in travel service contract;

dd) Lack of mandatory matters in tour program;

e) Lack of mandatory terms and conditions in travel agency contracts.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following violations:

a) Failure to send dossier of substituted person in charge of tour operator business as prescribed;

b) Failure to send a written notice of substitution of the person in charge of tour operator business as prescribed;

c) Provision of unclear, nontransparent or untruthful information about tour program, services, and tourist destinations for tourists or representatives of tourists.

4. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) Non-coordination with competent authorities in dealing with violations of law committed by tourists during their tour program;

b) Failure to provide information about tour program, services, tourist destinations for tourists or representatives of tourists;

c) Failure to make public name of enterprise, number of license for tour operator business in signboard at the head office, branch, transaction office or in travel service contract or advertisement publications or in electronic transactions.

5. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for one of the following violations:

a) Employing an international tour guide or local tour guide who has no employment agreement with a tour operator or tour guide service provider or is not a member of a tour guide socio-professional organization as prescribed;

b) Employing a tour guide to guide tourist not properly with the scope of practice of such tour guide;

c) Employing tour guides to operate a tour program without any tour guide agreement or tour guide assignment as prescribed;

d) Failure to place name of branch, representative office, or business location.

6. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for one of the following violations:

a) Failure to take measures to inspect and supervise the performance of the contract of travel agency;

b) Failure to take measures to inspect and supervise activities of tour guides as prescribed;

c) Failure to operate the tour program sold by travel agencies.

7. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for one of the following violations:

a) No travel service contract concluded with enterprises, tourists or representatives of tourists as prescribed;

b) No travel agency contract concluded with travel agency as prescribed;

c) No tour program as prescribed;

d) Failure to maintain documents on tour operator business;

dd) False declaration of documents in application for issuance, replacement, reissuance of license for tour operator business.

8. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for one of the following violations:

a) Failure to employ tour guides to guide tourists as specified in a travel contract;

b) Change tour program, standards, services as agreed in the contract without consent from tourists or representatives of tourists;

c) Failure to manage tourists as stated in the tour program agreed upon with tourists.

9. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for one of the following violations:

a) Failure to buy insurance for tourists during the tour program as prescribed;

b) Failure to use services of providers under list of qualified providers of safety measures for tourists as prescribed;

c) Employing a tour guide who introduces tourist information distorting history, culture and national sovereignty.

10. A fine of from VND 50,000,000 to VND 60,000,000 shall be imposed for one of the following violations:

a) Employing a person obtaining no tour guide badge to guide tourists;

b) Employing a person obtaining a fake tour guide badge to guide tourists.

11. A fine of from VND 60,000,000 to VND 70,000,000 shall be imposed for one of the following violations:

a) Failure to comply with regulation on security deposit on tour operator business;

b) Failure to redeem the sum of security deposit which has been used as prescribed;

c) Employing a person in charge of tour operator business not qualified as prescribed.

12. A fine of from VND 70,000,000 to VND 80,000,000 shall be imposed for one of the following violations:

a) Failure to follow the procedures for change of license for tour operator business as prescribed;

b) Running tour operator business not in conformity with travel service boundaries mentioned in the license for tour operator business.

13. A fine of from VND 80,000,000 to VND 90,000,000 shall be imposed for one of the following violations:

a) Letting other entities use the license for tour operator business to do business;

b) Using license for tour operator business of another tour operator;

c) Letting tourists to stay abroad or hide in Vietnam illegally;

d) Employing foreign tour guides to guide tourists in Vietnam.

14. A fine of from VND 90,000,000 to VND 100,000,000 shall be imposed for one of the following violations:

a) Keeping running tour operator business after giving the notice of suspension of operation;

c) Keeping running tour operator business after having the license for tour operator business suspended by competent authority;

c) Keeping running tour operator business after its operation is mandatorily suspended by competent authority;

d) Running tour operator business without any license for tour operator business;

dd) Using fake license for tour operator business to run business.

15. Additional penalties:

a) Suspension of license for tour operator business for 6 to 12 months imposed for violations specified in Clause 11 hereof;

b) Suspension of license for tour operator business for 12 to 18 months imposed for violations specified in Point b Clause 12, Clause 13 hereof;

c) Suspension of license for tour operator business for 18 to 24 months imposed for violations specified in Point a and Point c Clause 14 hereof;

d) Mandatory suspension of operation for 1 to 3 months imposed for violations specified in Clause 9 hereof;

dd) Confiscation of exhibits of administrative violations imposed for violations specified in Point dd Clause 14 hereof.

16. Remedial measures:

a) Enforced transfer of the profits earned from administrative violations prescribed in Point b Clause 8, Point b Clause 12, Point a and b Clause 13, Clause 14 hereof;

b) Enforced revocation of license for tour operator business imposed for violations specified in Point dd Clause 7 hereof.

Article 8. Violations against regulations on travel agency business

1. A warning or a fine of from VND 200,000 to VND 500,000 shall be imposed for hanging signboard of travel agency in an unnoticeable location at the travel agency head office.

2. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for lack of mandatory terms or conditions in the travel agency contract.

3. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for one of the following violations:

a) Failure to inform the provincial tourism authority of the commencement date of business or business location or information about the tour operator;

b) Providing unclear, nontransparent or untruthful information about quantity or price of tour services of the tour operator for tourists.

4. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to hang signboard of travel agency.

5. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) Failure to provide information about quantity or price of tour services of the tour operator for tourists;

b) Sale of tour program not as per the travel agency contract.

6. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for one of the following violations:

a) Failure to prepare and maintain dossiers on tour programs sold to tourists as prescribed;

b) No travel agency contract concluded with tour operator as prescribed.

7. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for non-registration of business of travel agency at the competent authority as prescribed.

8. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for operation of tour program of the tour operator which obtains a license for tour operator business.

9. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on a travel agency for its acceptance to sell tour program of a tour operator not qualified as prescribed.

10. Remedial measures:

Enforced transfer of the profits earned from administrative violations prescribed in Point b Clause 5, Clauses 7, 8 and 9 hereof.

Article 9. Violations against regulations on tour guides

1. A warning or a fine of from VND 200,000 to VND 500,000 shall be imposed on a tour guide for not wearing tour guide badge while leading tourists.

2. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for one of the following violations:

a) Failure to present the task assignment given by the tour operator as prescribed while leading tourists;

b) Failure to present the tour program as prescribed while leading tourists.

3. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for one of the following violations:

a) Failure to instruct tourists to comply with Vietnam’s laws or laws of tourist destinations, regulations of tourist attractions, traditional customs of places of tourist destinations;

b) Provision of unclear, nontransparent or untruthful information about tour program, services, legitimate rights and interests of tourists.

4. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following violations:

a) Failure to comply with internal regulations, regulations of tourist areas, tourist attractions, tourism service providers while leading tourists;

b) Non-respect to traditional customs, cultural identity of the places of tourist attractions while leading tourists;

c) Showing non-civilized attitude to tourists while leading tourists;

d) Non-provision of information about tour program, services, legitimate rights and interests of tourists.

5. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) Failure to lead tourists according to the task assignment or as per the tour guide agreement;

b) Failure to guide tourists according to tour program;

c) Failure to report decision on change of tour program at the request of the tourists to the person in charge of tour operator business;

d) Employing an international tour guide or local tour guide who has no employment agreement with a tour operator or tour guide service provider or is not a member of a tour guide socio-professional organization as prescribed;

dd) Employing tour guides to operate a tour program without any tour guide agreement with the tour operator or a tour guide assignment according to the tour program as prescribed;

e) Failure to provide a tour guide assignment of the entity in charge of the tourist area or tourist attraction for the tour guide.

6. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for one of the following violations:

a) Untruthful declaration in the application for issuance, replacement, reissuance of tour guide badge;

b) Rent, rent out, borrow, and lend tour guide badges;

c) Guide tourists not within the boundaries of tour guides as prescribed.

7. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for one of the following violations:

a) Wearing no tour guide badge while leading tourists;

b) Using fake tour guide badge while leading tourists.

8. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on a tour guide who introduces tourist information distorting history, culture and national sovereignty.

9. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed on a foreigner who guides tourists in Vietnam.

10. Additional penalties:

a) Suspension of the tour guide badge for 1 to 6 months imposed for violations specified in Point b and Point c Clause 6 of this Article;

b) Suspension of the tour guide badge for 6 to 12 months imposed for the violation specified in Clause 8 of this Article;

c) Confiscation of exhibits of administrative violations imposed for the violation specified in Point b Clause 7 hereof.

11. Remedial measures:

a) Enforced transfer of the profits earned from administrative violations prescribed in Point b Clause 6 and Clause 7 of this Article;

b) Enforced revocation of the tour guide badge imposed for the violation specified in Point a Clause 6 of this Article.

Article 10. Violations against general regulations on tourist accommodation services

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for one of the following violations:

a) Inadequate notification of required information to tourism authority of the province where the tourist accommodation establishment is based before going into operation as prescribed;

b) Notification of operation beyond the time limit as prescribed;

c) Failure to quote prices of goods and services publicly as prescribed.

2. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for one of the following violations:

a) Failure to give a written notice before going into operation as prescribed;

b) Failure to give a notice of change of the tourist accommodation establishment’s name as prescribed;

c) Failure to give a notice of change of the tourist accommodation establishment’s scale as prescribed;

d) Failure to give a notice of change of the tourist accommodation establishment’s address as prescribed;

dd) Failure to give a notice of change of the legal representative of the tourist accommodation establishment as prescribed.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to put up the internal regulations of the tourist accommodation establishment publicly as prescribed.

4. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for sale of goods or services in the tourist accommodation establishment at the price not the same as quoted price.

5. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for non-assurance of legitimate rights and interests as stated in the agreement concluded with tourists.

6. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for one of the following violations:

a) Keeping providing tourist accommodation services after notification of voluntary suspension of operation;

b) Keeping providing tourist accommodation services after the business of tourist accommodation establishment is mandatorily suspended by the competent authority.

7. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to satisfy conditions for tourist accommodation services prescribed in Point a and Point b Clause 1 Article 49 of the Law on Tourism.

8. Regulations from Clause 1 through Clause 7 of this Article also apply to guest houses, hostels of regulatory agencies providing tourist accommodation services.

9. Remedial measures:

a) Mandatory suspension of operation for 1 to 3 months imposed for violations specified in Clause 7 hereof;

b) Enforced transfer of the profits earned from administrative violations prescribed in Clauses 4, 5, 6 and 7 hereof.

Article 11. Violations against regulations on minimum conditions for tourist accommodation infrastructure and services

1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for one of the following violations:

a) Failure to give a notice of improvement of minimum conditions or change of type of tourist accommodation establishment as prescribed;

b) Failure to equip beds, mattresses, mats, blankets or cushions as prescribed;

c) Failure to furnish face towels or bath towels as prescribed;

d) Failure to change bed sheets or mats or blanket covers or cushion covers upon receipt of new guests;

dd) Failure to change face towels or bath towels upon receipt of new guests.

2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to equip first aid box at a tourist camping as prescribed.

3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) There are fewer than 10 hotel rooms in a hotel or there is no bed room in a tourist villa, tourist apartment, cruise ship, or tourist guest house or there is no accommodation for guests in a homestay or there is no area for pitching tents at a tourist camping;

b) There is no reception desk in a hotel or there is no lobby in a tourist villa, tourist apartment or there is no reception area in a cruise ship, tourist guest house, tourist camping as prescribed;

c) There is no parking lot for guests in a hotel resort or a motel as prescribed;

d) There is no kitchen or dining room or food and drink services in a hotel resort, floating hotel, motel, or cruise ship; there is no kitchen in a tourist villa, tourist apartment, or homestay as prescribed;

dd) There is no staff on duty 24/7 in a hotel, tourist villa, tourist guest house; there is no security guard on duty upon receipt of guests at a tourist camping as prescribed.

4. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for toilets not in required conditions as prescribed.

5. Regulations from Clauses 1, 2, 3 and 4 of this Article also apply to guest houses, hostels of regulatory agencies providing tourist accommodation services.

6. Additional penalties:

Mandatory suspension of operation for 1 to 3 months imposed for violations specified in Point a and d Clause 3 and Clause 4 hereof.

Article 12. Violations against regulations on tourist accommodation services by accommodation establishments which have been awarded ratings

1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for failure to comply with regulations on model board of tourist accommodation establishment’s rating.

2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for not affixing the board of tourist accommodation establishment’s rating at the entrance of the tourist accommodation establishment.

3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) Not affixing the board of tourist accommodation establishment’s rating after the tourist accommodation establishment was awarded given rating;

b) Failure to ensure the quantity and area of hotel rooms in proportion to standards of each type and category of tourist accommodation establishment as prescribed;

c) Failure to meet the standards of parking lot and internal traffic or reception hall as prescribed;

d) Failure to ensure the quantity or standards of restaurants or bars as prescribed;

dd) Failure to meet the standards of kitchens as prescribed;

e) Failure to ensure the quantity or standards of conference rooms, seminar rooms, meeting rooms as prescribed;

g) Failure to ensure standards of equipment and other amenities as prescribed;

h) Failure to meet the standards of services as prescribed;

i) Failure to ensure standards for professional qualifications, foreign languages of managers or service staff as prescribed.

4. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for untruthful declaration of application for registration of recognition of tourist accommodation establishment’s rating.

5. Additional penalties:

Suspension of decision on recognition of tourist accommodation establishment’s rating for 6 to 12 months imposed for violations specified in Points b, c, d, dd, e, g, h, and i Clause 3 of this Article.

6. Remedial measures:

Enforced revocation of decision on recognition of tourist accommodation establishment’s rating imposed for the violation specified in Clause 4 of this Article.

Article 13. Violations against regulations on other tourism service business

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for failure to quote the prices of goods and services publicly as prescribed.

2. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for failure to comply with regulations on model board of standard tourist service.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following violations:

a) Unclear information about goods origin and quality;

b) Refusal to receive payment by cards issued by banks;

c) No menu as prescribed;

d) No internal regulations or procedures as prescribed.

4. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) There is no reception area or locker for personal belongings as prescribed;

b) There is no bathroom for guests as prescribed;

c) There is no service for renting training and competition equipment fit for each sport as prescribed;

d) Staff members are not qualified as prescribed;

dd) Failure to meet the standards of the dining room or tableware as prescribed;

e) Failure to meet the standards of kitchens as prescribed;

g) There is no health worker or technician or service staff suitable for each healthcare service as prescribed;

h) Not selling goods or services at the prices as same as the quoted prices.

5. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following violations:

a) Failure to meet the standards of toilets as prescribed;

b) Untruthful declaration of application for registration of recognition of standard tourist service.

6. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for affixing a board of standard tourist service without obtaining a recognition of the competent authority.

7. Violations against regulations on facilities, equipment, devices, staff in sports service establishments, entertainment service establishments, healthcare service establishments shall be subject to sanctions as prescribed in special soft law.

8. Additional penalties:

Suspension of decision on recognition of standard tourist service for 1 to 6 months imposed for violations specified in Clause 4 and Point a Clause 5 of this Article.

9. Remedial measures:

a) Enforced dismantling board of standard tourist service imposed for the violation specified in Clause 6 of this Article;

b) Enforced transfer of the profits earned from administrative violations prescribed in Point h Clause 4 and Clause 6 of this Article;

c) Enforced revocation of decision on recognition of standard tourist service imposed for the violation specified in Point b Clause 5 of this Article.

Article 14. Violations against regulations on duties of tourists

1. A warning is given to failure to follow the notice of payment of fees, charges or other amounts payable sent by the competent authority.

2. A fine equal to 1 to 3 times of the fee, charge or another amount payable shall be imposed for evasion of such fee, charge or other amount payable. The maximum fine is VND 50,000,000.

3. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for failure to comply with internal regulations, regulations of tourist resorts, tourist attractions, tourism service providers.

4. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for showing uncivilized behavior or disrespect to cultural identity, customs and practices of the tourist destination.

5. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for acts that are detrimental to the national image, traditional culture of Vietnam.

6. Remedial measures:

Enforced full payment of the fee, charge and amount payable imposed for violations specified in Clause 1 and Clause 2 of this Article.

Article 15. Violations against regulations on business of tourism products posing risks to life and health of tourists

1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for failure to give a notice before launching the tourism product posing risks to life and health of tourists as prescribed.

2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to give warnings or instructions about weather, climate, health conditions and relevant factors when providing the tourism product posing risks to life and health of tourists.

3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for non-availability of rescue plans as prescribed.

4. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for one of the following violations:

a) Failure to inform tourists of regulations on safety;

b) Failure to provide instructions for tourists before providing a tourism product.

5. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for one of the following violations:

a) Failure to maintain communications with tourists throughout the period of providing a tourism product;

b) Failure to place or employ instructors or technicians or tour guide with the necessary expertise as prescribed;

c) Failure to provide, give instructions to use and monitor the use of equipment, support tools which satisfy regulations, standards and safety requirements for tourists.

6. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for non-availability of forces to rescue tourists as prescribed.

7. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to promptly intervene, handle and respond to incidents, accidents and risks.

8. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for resumption of business despite non-performance of completion of safety measures as prescribed after the provincial tourism authority makes such a request.

9. Additional penalties:

a) Mandatory suspension of operation for 1 to 3 months imposed for violations specified in Clause 3 and Clause 4 hereof;

b) Mandatory suspension of operation for 3 to 6 months imposed for violations specified in Clauses 5, 6 and 7 hereof.

10. Remedial measures:

Enforced transfer of the profits earned from administrative violations prescribed in Clause 8 of this Article.

Article 16. Violations against regulations on management of tourist attractions, tourist areas

1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for non-disclosure of phone number and address of managing body or individual of the tourist attraction or tourist area.

2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following violations:

a) No directions, description or traffic signs of service facilities, attractions as prescribed;

b) No internal regulations as prescribed.

3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) No tourist information center as prescribed;

b) No security guard on duty 24/7;

c) No rescue force as prescribed;

d) No tour commentary or tour guiding as prescribed;

dd) No measure for management, inspection of tourism service business within their scope of management as prescribed;

e) No arrangement of environment hygiene workers as prescribed.

4. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following violations:

a) No traffic connection and communications as prescribed;

b) No electrical system as prescribed;

c) No clean water supply system as prescribed;

d) No food and beverage services or food and beverage facilities with standard tourist services as prescribed;

dd) No shopping services or shopping facilities with standard tourist services as prescribed;

e) No tourist accommodation establishment system as prescribed;

g) Failure to meet the standards of toilets as prescribed;

h) Inadequacy of waste collection equipment meeting environment hygiene conditions as prescribed;

i) No collection and treatment of waste produced out of tourism activities as prescribed;

k) No fire safety measures as prescribed;

l) Untruthful declaration in the application for recognition of the tourist attraction or tourist area.

5. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for one of the following violations:

a) Use measures to obstruct tourists sightseeing in places available for sightseeing as prescribed;

b) Non-cooperation with tourism regulatory agencies in protection and utilization of tourism resources as prescribed.

6. Additional penalties:

a) Suspension of decision on recognition of tourist attractions or tourist areas for 1 to 6 months imposed for violations specified in Points a, b, c, d, dd, e, and g Clause 4 of this Article;

b) Suspension of decision on recognition of tourist attractions or tourist areas for 6 to 12 months imposed for violations specified in Clause 5 of this Article;

c) Mandatory suspension of operation for 1 to 3 months imposed for violations specified in Point h Clause 4 hereof;

d) Mandatory suspension of operation for 6 to 12 months imposed for violations specified in Point i and k Clause 4 hereof.

7. Remedial measures:

Enforced revocation of decision on recognition of tourist attraction or tourist area imposed for the violation specified in Point l Clause 4 of this Article.

Article 17. Violations against regulations on transport of tourists by roads

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for one of the following violations:

a) Transport of tourists not under a contract with the tour operator or with the tourists based on an appropriate itinerary or route;

b) No contract for transport of tourists as prescribed;

c) Failure to present the list of tourists as prescribed.

2. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed for not affixing the badge of tourist transport vehicle as prescribed.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following violations:

a) No beverage container in a tourist transport car;

b) No first aid kid or preventive medicine bag in a tourist transport car;

c) No window curtain in a tourist car for the transport of 9 persons or more;

d) No garbage can in a tourist car for the transport of 9 persons or more;

dd) No microphone in a tourist transport car for the transport of 24 persons or more (except for a special-purpose motor vehicle of the caravan type);

e) No seat suited for senior citizens, disabled people as prescribed in a tourist transport car for the transport of 24 persons or more (except for a special-purpose motor vehicle of the caravan type).

4. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) Employing staff members not qualified as prescribed;

b) Employing operators of tourist transport vehicles not qualified as prescribed.

5. Additional penalties:

Suspension of the badge of tourist transport vehicle for 1 to 6 months imposed for the violation specified in Clause 4 of this Article.

Article 18. Violations against regulations on transport of tourists by inland waterways

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for transport of tourists not under a contract with the tour operator or with the tourists based on an appropriate itinerary or route.

2. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed for not affixing the badge of tourist transport vehicle as prescribed.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following violations:

a) No contract for transport of tourists as prescribed;

b) Inadequacy of life jackets for tourists in a tourist transport vehicle by inland waterways as prescribed;

c) No instructions to use lifesaving and salvage equipment and phone number, address of the search and rescue agency at the seats of tourists in a tourist transport vehicle by inland waterways;

d) No tour route map in a tourist transport vehicle by inland waterways;

dd) No beverage container in a tourist transport vehicle by inland waterways;

e) No garbage can in a tourist transport vehicle by inland waterways;

g) No sun protection equipment in a tourist transport vehicle by inland waterways for transport for the transport of 20 persons or more;

h) No microphone in a tourist transport vehicle by inland waterways for transport for the transport of 20 persons or more;

i) Failure to meet the standards of food and beverage areas, processing areas (if any) as prescribed in a tourist transport vehicle by inland waterways for transport for the transport of 20 persons or more;

k) No roof in a tourist transport vehicle by inland waterways for transport for the transport of 50 persons or more;

l) No window curtain in a tourist transport vehicle by inland waterways for transport for the transport of 50 persons or more;

m) No toilet in a tourist transport vehicle by inland waterways for transport for the transport of 50 persons or more.

4. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) Employing staff members not qualified as prescribed;

b) Employing operators of tourist transport vehicles and seafarers not qualified as prescribed.

5. Additional penalties:

a) Suspension of the badge of tourist transport vehicle for 1 to 6 months imposed for the violation prescribed in Clause 4 of this Article;

b) Mandatory suspension of operation for 1 to 3 months imposed for violations specified in Point b and m Clause 3 hereof.

Chapter III

POWER TO IMPOSE ADMINISTRATIVE PENALTIES AND POWER TO MAKE AN ADMINISTRATIVE OFFENSE REPORT

Article 19. Power of specialized inspection agencies

1. Inspectors and persons authorized to perform specialized inspection tasks on their duties have power to:

a) Issue warnings;

b) Impose fines of up to VND 500,000;

c) Confiscate exhibits of administrative violations, the value of which must not exceed VND 500,000.

2. Chief Inspector of Provincial Departments, Chiefs of inspectorates of provincial authorities have power to:

a) Issue warnings;

b) Impose fines of up to VND 25,000,000;

c) Suspend license for tour operator business; tour guide badges; decision on recognition of tourist accommodation establishments’ ratings; decision on recognition of other tourism service business with standard tourist service; decision on recognition of tourist attractions; decision on recognition of tourist resorts for definite term or mandatorily suspend operation for definite term;

d) Confiscate exhibits of administrative violations, the value of which must not exceed VND 25,000,000;

dd) Enforce the remedial measures prescribed in Article 4 of this Decree.

3. The Chiefs of specialized inspectorate teams at ministerial level have power to:

a) Issue warnings;

b) Impose fines of up to VND 35,000,000;

c) Suspend license for tour operator business; tour guide badges; decision on recognition of tourist accommodation establishments’ ratings; decision on recognition of other tourism service business with standard tourist service; decision on recognition of tourist attractions; decision on recognition of tourist resorts for definite term or mandatorily suspend operation for definite term;

d) Confiscate exhibits of administrative violations, the value of which must not exceed VND 35,000,000;

dd) Enforce the remedial measures prescribed in Article 4 of this Decree.

4. Ministerial Chief Inspector, Director General of Directorate for Roads of Vietnam, Director of Department of Inland Waterways in charge of specialized inspection have power to:

a) Issue warnings;

b) Impose fines of up to VND 50,000,000;

c) Suspend license for tour operator business; tour guide badges; decision on recognition of tourist accommodation establishments’ ratings; decision on recognition of other tourism service business with standard tourist service; decision on recognition of tourist attractions; decision on recognition of tourist resorts for definite term or mandatorily suspend operation for definite term;

d) Confiscate exhibits of administrative violations, the value of which must not exceed VND 50,000,000;

dd) Enforce the remedial measures prescribed in Article 4 of this Decree.

Article 20. Power of the President of People’s Committee

1. The President of People’s Committee of commune has power to:

a) Issue warnings;

b) Impose fines of up to VND 5,000,000;

c) Confiscate exhibits of administrative violations, the value of which must not exceed VND 5,000,000.

2. The President of People’s Committee of district has power to:

a) Issue warnings;

b) Impose fines of up to VND 25,000,000;

c) Suspend license for tour operator business; tour guide badges; decision on recognition of tourist accommodation establishments’ ratings; decision on recognition of other tourism service business with standard tourist service; decision on recognition of tourist attractions; decision on recognition of tourist resorts for definite term or mandatorily suspend operation for definite term;

d) Confiscate exhibits of administrative violations, the value of which must not exceed VND 25,000,000;

dd) Enforce the remedial measures prescribed in Article 4 of this Decree.

3. The President of People’s Committee of province has power to:

a) Issue warnings;

b) Impose fines of up to VND 50,000,000;

c) Suspend license for tour operator business; tour guide badges; decision on recognition of tourist accommodation establishments’ ratings; decision on recognition of other tourism service business with standard tourist service; decision on recognition of tourist attractions; decision on recognition of tourist resorts for definite term or mandatorily suspend operation for definite term;

d) Confiscate exhibits of administrative violations, the value of which must not exceed VND 50,000,000;

dd) Enforce the remedial measures prescribed in Article 4 of this Decree.

Article 21. Power of market surveillance authorities

1. Market surveillance officials in the performance of their duty have power to:

a) Issue warnings;

b) Impose fines of up to VND 500,000;

2. Leaders of market surveillance teams have power to:

a) Issue warnings;

b) Impose fines of up to VND 25,000,000;

c) Enforce the remedial measures prescribed in Article 4 of this Decree.

3. Director of Market Surveillance Agency of province, Director of Market Surveillance Department affiliated to General Department of Market Surveillance has power to:

a) Issue warnings;

b) Impose fines of up to VND 50,000,000;

c) Suspend decision on recognition of other tourism service business establishments with standard tourist service for definite term or mandatorily suspend operation for definite term;

d) Enforce the remedial measures prescribed in Article 4 of this Decree.

4. Director of General Department of Market Surveillance has power to:

a) Issue warnings;

b) Impose fines of up to VND 50,000,000;

c) Suspend decision on recognition of other tourism service business establishments with standard tourist service for definite term or mandatorily suspend operation for definite term;

d) Enforce the remedial measures prescribed in Article 4 of this Decree.

Article 22. Power to impose penalties of Border guards

1. The border guard soldiers in the performance of their duty have power to:

a) Issue warnings;

b) Impose fines of up to VND 500,000.

2. Team leaders of the persons prescribed in Clause 1 of this Article have power to:

a) Issue warnings;

b) Impose fines of up to VND 25,000,000;

3. Captains of border guard stations, leaders of coastal guard teams, commanders of border guard at checkpoints and commanders of border guard at harbor checkpoints have power to:

a) Issue warnings;

b) Impose fines of up to VND 25,000,000;

c) Confiscate exhibits of administrative violations, the value of which must not exceed VND 25,000,000;

d) Enforce the remedial measures prescribed in Article 4 of this Decree.

4. Captains of provincial border guard command centers, commanders of coastal guard fleets affiliated to the Border Guard Headquarters have power to:

a) Issue warnings;

b) Impose fines of up to VND 50,000,000;

c) Suspend tour guide badges, badges of tourist transport vehicles for definite term or mandatorily suspend operation for definite term;

d) Confiscate exhibits of administrative violations, the value of which must not exceed VND 50,000,000;

dd) Enforce the remedial measures prescribed in Article 4 of this Decree.

Article 23. Power of the Coastguard

1. Coastguard officers in the performance of their duty have power to:

a) Issue warnings;

b) Impose fines of up to VND 1,500,000.

2. Coastguard team leaders have power to:

a) Issue warnings;

b) Impose fines of up to VND 2,500,000.

3. Coastguard squad leaders and captains of coastguard stations have power to:

a) Issue warnings;

b) Impose fines of up to VND 5,000,000;

c) Enforce the remedial measures prescribed in Article 4 of this Decree.

4. Commanders of coastguard platoons have power to:

a) Issue warnings;

b) Impose fines of up to VND 10,000,000;

c) Confiscate exhibits of administrative violations, the value of which must not exceed VND 10,000,000;

d) Enforce the remedial measures prescribed in Article 4 of this Decree.

5. Commanders of coastguard fleets have power to:

a) Issue warnings;

b) Impose fines of up to VND 15,000,000;

c) Confiscate exhibits of administrative violations, the value of which must not exceed VND 15,000,000;

d) Enforce the remedial measures prescribed in Article 4 of this Decree.

6. Commander of Coastguard Headquarters has power to:

a) Issue warnings;

b) Impose fines of up to VND 25,000,000;

c) Confiscate exhibits of administrative violations, the value of which must not exceed VND 25,000,000;

d) Enforce the remedial measures prescribed in Article 4 of this Decree.

7. Commander of Coastguard Headquarters has power to:

a) Issue warnings;

b) Impose fines of up to VND 50,000,000;

c) Suspend tour guide badges, badges of tourist transport vehicles for definite term or mandatorily suspend operation for definite term;

d) Confiscate exhibits of administrative violations, the value of which must not exceed VND 50,000,000;

dd) Enforce the remedial measures prescribed in Article 4 of this Decree.

Article 24. Power of the People s Public Security

The power to impose administrative penalties, impose additional penalties and enforce remedial measures of People s Public Security shall comply with Article 39 of the Law on Actions against Administrative Violations.

Article 25. Determination of power to impose penalties for administrative violations in tourism

1. Presidents of People’s Committees have power to make administrative offense reports, impose administrative penalties and enforce remedial measures on administrative violations prescribed in Articles 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 within their competence as prescribed in Article 20 of this Decree and assigned functions, tasks and powers.

2. Competent persons of specialized inspection agencies have power to make administrative offense reports, impose administrative penalties and enforce remedial measures on administrative violations prescribed in Chapter II of this Decree within their competence as prescribed in Article 19 of this Decree assigned functions, tasks and powers, in specific:

a) Inspectors of Culture, Sports and Tourism have power to impose administrative penalties and enforce remedial measures on administrative violations prescribed in Articles , 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of Chapter II of this Decree;

b) Inspectors of Transport have power to impose administrative penalties and enforce remedial measures on administrative violations prescribed in Article 17 and Article 18 of this Decree at stopping and parking places on road, bus stations, parking lots, rest stops, vehicle tonnage checkpoints, toll plazas, road transport business establishments, when vehicles commit violations of stopping and parking on roads;

c) Inspectors of Labor, War Invalids and Social Affairs have power to impose administrative penalties and enforce remedial measures on administrative violations prescribed in Point a Clause 5, Point d Clause 13 Article 7; no employment agreement concluded with tour operators or tour guide service providers as prescribed Point d Clause 5, Clause 9 Article 9 of this Decree;

d) Inspectors of Natural Resources and Environment have power to impose administrative penalties and enforce remedial measures on administrative violations prescribed in Clause 4 Article 11; Point a Clause 5 Article 13; Point e Clause 3, Points g, h, and I Clause 4; Point b Clause 5 Article 16 of this Decree;

dd) Inspectors of Finance have power to impose administrative penalties and enforce remedial measures on administrative violations prescribed in Point b Clause 1, Clause 4 Article 10; Clause 1, Point h Clause 4 Article 13; Clause 1 and Clause 2 Article 14 of this Decree.

3. Competent persons of market surveillance authorities have power to make administrative offense reports, impose administrative penalties and enforce remedial measures on administrative violations prescribed in Point a Clause 3, Point c Clause 4 Article 6; Point b Clause 1, Clause 4 Article 10; Clause 1, Point a Clause 3, Point h Clause 4 Article 13 within their competence as prescribed in Article 21 of this Decree and assigned functions, tasks and powers.

4. Competent persons of the Border guard have power to make administrative offense reports, impose administrative penalties and enforce remedial measures on administrative violations prescribed in Clauses 5, 6 and 7 Article 6; Clause 4 Article 7; Article 9; Article 14; Clauses 2, 3, 4, 5, 6 and 7 Article 15; Article 17 within their competence as prescribed in Article 22 of this Decree and assigned functions, tasks and powers.

5. Competent persons of the Coastguard have power to make administrative offense reports, impose administrative penalties and enforce remedial measures on administrative violations prescribed in Clauses 5, 6 and 7 Article 6; Clause 4 Article 7; Article 9; Article 14; Clauses 2, 3, 4, 5, 6 and 7 Article 15; Article 17; Article 18 within their competence as prescribed in Article 23 of this Decree and assigned functions, tasks and powers.

6. Competent persons of the People’s Public Security have power to make administrative offense reports, impose administrative penalties and enforce remedial measures on administrative violations prescribed in Point a and Point b Clause 3, Point a and Point c Clause 4, Clauses 5, 6 and 7 Article 6; Clause 1, Point b and Point c Clause 2, Point a and Point c Clause 4, Point d Clause 5, Point c Clause 8, Point b and Point c Clause 9, Point c and Point d Clause 13, Point d and Point dd Clause 14 Article 7; Clause 7 and Clause 8 Article 8; Clause 3 and Clause 4, Point a and Point b Clause 6, Clauses 7, 8 and 9 Article 9; Clause 6 Article 10; Clause 4 Article 12; Point b Clause 5 Article 13; Article 14; Clauses 2, 3, 4, 5, 6, 7 and 8 Article 15; Clause 1 Point a Clause 2, Point c Clause 3, Point k and Point l Clause 4, Point a Clause 5 Article 16 within their competence as prescribed in Article 24 of this Decree and assigned functions, tasks and powers.

Article 26. Power to make administrative offense reports

1. The competent persons may impose administrative penalties prescribed in Article 19 through Article 24 of this Decree according to their assigned functions, tasks and powers.

2. Chief inspector and officials tasked to inspection and verification in tourism have power to make administrative offense reports and refer dossiers of administrative violations to competent persons to impose penalties as prescribed by law.

3. Commanders of aircraft, train captains, masters on duty, within their assigned functions and powers in tourism, have power to make administrative offense reports against violations arising out of aircrafts, trains or inland watercraft.

Chapter IV

IMPLEMENTATION

Article 27.Effect

1. This Decree takes effect on August 1, 2019.

2. From effective date of this Decree, Section 3 Chapter II of Government s Decree No. 158/2013/ND-CP dated November 12, 2013 on penalties for administrative violations in culture, sports, tourism and advertisement and Clauses 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 41 Article 2 of Government s Decree No. 28/2017/ND-CP dated March 20, 2017 on amendments to Government s Decree No. 131/2013/ND-CP dated October 16, 2013 on penalties for administrative violations against copyright and related rights and Government s Decree No. 158/2013/ND-CP dated November 12, 2013 on penalties for administrative violations in culture, sports, tourism and advertisement shall expire.

Article 28. Transitional regulations

As for administrative violations in tourism committed before effective date of this Decree but detected thereafter or being handled, regulations which are advantageous to the wrongdoers shall apply.

Article 29. Implementation

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

2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, the Presidents of People’s Committees of central-affiliated cities and provinces shall implement this Decree./.

For the Government

The Prime Minister

Nguyen Xuan Phuc