Laws of Vietnam

SUBJECTS AND CONDITIONS FOR DEALING IN TOURIST ACCOMMODATION ESTABLISHMENTS

I. Subjects of application

1. This Circular shall apply to all organizations and individuals dealing in tourist accommodation establishments in Vietnam, including Vietnamese organizations and individuals of all economic sectors; overseas Vietnamese; foreign organizations and individuals conducting activities under the Law on Foreign Investment in Vietnam (hereinafter referred collectively to as organizations and individuals).

Where the legislation on foreign investment in Vietnam contains provisions different from those of this Circular regarding the tourist accommodation establishments, the provisions of the legislation on foreign investment in Vietnam shall apply.

2. This Circular shall not apply to organizations and individuals dealing in inns (which are accommodation establishments with material foundations and equipment being not up to the minimum standards for business in tourist accommodation establishments); houses leased on a long-term basis to subjects being Vietnamese or foreigners; guest houses and rest houses operating as public-service units with revenues.

II. Tourist accommodation establishments

The tourist accommodation establishments are those which commercially provide rooms, beds and other services for tourists, including:

1. Hotels which are architectural works built independently with 10 bedrooms or more and ensuring necessary material facilities and equipment as well as services for tourists.

Hotels which operate on water surface or anchor in water areas and are called floating hotels.

Hotels with few floors, which locate near traffic roads and provide services of maintenance and repair of transport means of clients and are called motels.

2. Tourist guest houses are architectural works built independently with 9 bedrooms or less, which ensure the quality requirements regarding the necessary material foundations and equipment in service of tourists

3. Tourist villas are houses built solidly with bedrooms, living rooms, kitchens, garages, yards and gardens in service of tourists.

4. Tourist villages are areas planned and built with villas or bungalows which satisfy the quality requirements regarding material foundations, equipment and services for daily-life needs, entertainment, rest and recreation as well as other essential needs of tourists.

Bungalows are one-story houses built in single units or in rows, clusters, mainly with light materials.

5. Tourist apartments are enclosed spaces in a building, with bedrooms, living rooms, kitchens, toilets, mainly in service of tourists going in families.

Tourist apartments may be single apartments situated in a building, or built in independent blocks of many apartments in service of tourists.

6. Tourist campings are areas planned and constructed in close association with natural landscapes, having necessary infrastructures and services for tourists.

III. Forms and scale of business in tourist accommodation establishments

1. Business forms

The tourist accommodation establishment business shall be conducted in forms of enterprise of individual business household.

a) Enterprises

- Organizations and individuals shall set up enterprises and register their business in tourist accommodation establishments according to current law provisions on State enterprises, limited liability companies, joint stock companies, partnerships, private enterprises, cooperatives, or foreign-invested enterprises in Vietnam.

- A tourist accommodation establishment may be an independent enterprise or a dependent unit of an enterprise; where a tourist accommodation establishment is a dependent unit of an enterprise, all the provisions of this Circular must be also fully complied with.

b) Individual business households

Individuals registering business in tourist accommodation establishments in form of individual business household shall comply with the current provisions of law and the provisions of this Circular.

2. Business scale

Enterprises or individual business households dealing in tourist accommodation establishments may opt for one or all tourist accommodation establishments prescribed in Section II, Chapter I of this Circular.

IV. Conditions for business in tourist accommodation establishments

1. Regarding the location

- Tourist accommodation establishments with 10 bedrooms or more must be built at least 100 meters away from hospitals and/or schools, based on the boundaries between the two establishments.

- The tourist accommodation establishments must not be located in or adjacent to defense or security areas and targets needed to be protected under the current regulations.

2. Regarding material foundations, facilities and equipment

- Having minimum bedroom spaces and services prescribed in Appendix 1.

- Having minimum facilities and equipment prescribed in Appendix 2.

3. Regarding other conditions

The tourist accommodation establishments must meet the conditions on security, order, fire prevention and fight as well as environmental protection according to the current law provisions.

Chapter II

CLASSIFYING AND RATING TOURIST ACCOMMODATION ESTABLISHMENTS

I. Classes and rates of tourist accommodation establishments

1. Tourist accommodation establishments of minimum standard class are those with material foundations, facility, equipment and a number of minimum services, satisfying the basic needs of tourists regarding rest and daily life during their stay, as provided for in Section IV, Chapter I of this Circular.

2. Tourist accommodation establishments of one-star, two-star, three-star, four-star or five-star class are those with material foundations, facilities, equipment and services being of quality higher than that of the minimum- standard class, meeting the diversified demands for food, rest, activities and entertainment according to the standards prescribed for each star class by the General Department of Tourism, based on criteria on architectural location, equipment, service facilities, services and service extents, personnel, hygiene.

The General Department of Tourism shall issue separate regulations on rating hotels, tourist villas, tourist villages, tourist apartments, tourist campings.

II. Competence to classify and rate tourist accommodation establishments

The competence to appraise, classify and rate tourist accommodation establishments is assigned as follows:

The General Department of Tourism appraises and decides to recognize the tourist accommodation establishments of three-star, four- star and five-star classes;

The provincial/municipal Services of Tourism or Services of Trade-Tourism appraise and decide to recognize the tourist accommodation establishments of minimum standard class and one-star and two-star classes.

III. Order and procedures for classification and rating tourist accommodation establishments

1. Compilation of dossiers

Basing themselves on the conditions for dealing in tourist accommodation establishments prescribed in Section IV, Chapter I of this Circular and the criteria for rating tourist accommodation establishments set by the General Department of Tourism, organizations and individuals dealing in tourist accommodation establishments shall compile dossiers according to the following regulations:

a) For cases of requesting to recognize tourist accommodation establishments of minimum standards: The application shall be made according to form set in Appendix 3.

b) For cases of requesting to recognize tourist accommodation establishments of from one-star to five-star class, the dossier shall include:

- The written request for recognition of tourist accommodation establishments, made according to form in Appendix 4A;

- The list of executive officials and service personnel in the tourist accommodation establishments, made according to form in Appendix 4B.

- Table of marks given by owners of tourist accommodation establishments themselves, made according to mark table prescribed by the General Department of Tourism.

2. Forwarding dossiers

a) Organizations and individuals requesting the recognition of tourist accommodation establishments of minimum standard, one-star or two-star class shall forward the dossiers mentioned at Point a or Point b, Clause 1 of this Section to the provincial/municipal Services of Tourism or Services of Trade- Tourism of the localities where exist the tourist accommodation establishments.

b) Organizations and individuals requesting the recognition of tourist accommodation establishments of three-star, four-star or five-star class shall forward a set of dossiers mentioned at Point b, Clause 1 of this Section to the General Department of Tourism and another dossier set to the provincial/municipal Services of Tourism or Services of Trade-Tourism of the localities where exist the tourist accommodation establishments.

3. Appraisal and recognition of classes and rates of tourist accommodation establishments

The order for appraisal, consideration, approval and recognition of classes and rates of tourist accommodation establishments shall be as follows:

a) Appraisal of tourist accommodation establishments

After receiving the complete and valid dossiers, the competent bodies mentioned in Section II, Chapter II of this Circular shall organize appraisal teams:

- The composition of a team for appraisal of tourist accommodation establishments requested to be of minimum standard, one-star or two-star class shall include experts with professional knowledge about hotel operations, who shall be considered and decided by directors of the provincial/municipal Services of Tourism or Services of Trade-Tourism;

- The composition of a team for appraisal of tourist accommodation establishments requested to be of three-star, four-star or five-star class shall include experts with professional knowledge about hotel operations, who shall be considered and decided by the General Director of Tourism, and representatives of the provincial/municipal Services of Tourism or Services of Trade-Tourism of the localities where exist the tourist accommodation establishments.

b) Reports of appraisal teams

After making appraisals, the appraisal teams shall make the result reports, proposing the recognition of classes, rates of tourist accommodation establishments.

- For cases of proposing the recognition of tourist accommodation establishments reaching the minimum standards, the following documents are required:

+ The report of the appraisal team;

+ The minutes of the appraisal team’s working session with the tourist accommodation establishments, made according to form set in Appendix 5A;

+ The record on the conclusions of the appraisal team, made according to set form in Appendix 5B;

- For cases of proposing the recognition of tourist accommodation establishments reaching the standards of from one to five stars, the following documents are required;

+ The report of the appraisal team;

+ The minutes of the appraisal team’s working session with the tourist accommodation establishments made according to set form in Appendix 6A;

+ The record on the conclusions of the appraisal team, made according set form in Appendix 6B;

+ The sum-up on the quality of tourist accommodation establishments, made according to form in Appendix 6C;

+ The table of marks given to tourist accommodation establishments by the appraisal teams according to the mark bracket set by the General Department of Tourism.

c) Consideration, approval and recognition of classes, rates of tourist accommodation establishments

Basing themselves on the reports of appraisal teams, the General Director of Tourism and the directors of the provincial/municipal Services of Tourism or Services of Trade-Tourism shall consider, approve and decide to recognize classes and rates of tourist accommodation establishments according to their respective competence.

Where a tourist accommodation establishment fails to meet the minimum standards for business, the concerned Service of Tourism or Service of Trade-Tourism must send a written reply to the requesting organization or individual, clearly stating the reasons therefor.

Where tourist accommodation establishments are proposed by organizations or individuals for recognition of reaching one-star or two-star standards, after the appraisal, if deeming that they are capable of reaching the standards of three star or higher, the provincial/municipal Services of Tourism or Services of Trade-Tourism shall, within 7 working days, send the entire original dossiers together with the written proposals to the General Department of Tourism for proceeding with the procedures for appraisal and recognition according to its competence.

Where tourist accommodation establishments are proposed by organizations or individuals for recognition to reach three-star, four-star or five-star standards, after the appraisal, if they have only reached the two-star standards or lower, the General Department of Tourism shall, within 7 working days, notify such in writing to the provincial/municipal Services of Tourism or Services of Trade-Tourism for issuing decisions on recognition.

d) Within one month after receiving the complete and valid dossiers of organizations and individuals requesting the recognition of classes and rates of tourist accommodation establishments, the provincial/municipal Services of Tourism or Services of Trade- Tourism shall have to organize the appraisal, consideration, approval and recognition according to their competence.

Within three months after receiving complete and valid dossiers of organizations and individuals requesting the recognition of classes and rates of tourist accommodation establishments, the General Department of Tourism shall have to organize the appraisal, consideration, approval and recognition according to its competence.

e) Monthly, the provincial/municipal Services of Tourism or Services of Trade- Tourism shall have to send sum-up reports to the General Department of Tourism on tourist accommodation establishments recognized to be of two-star class or lower according to form in Appendix 7.

4. Re-appraisal of tourist accommodation establishments

a) The General Department of Tourism, the provincial/municipal Services of Tourism or Services of Trade-Tourism shall re-appraise once every two years all tourist accommodation establishments already recognized with classes and rates. If tourist accommodation establishments are qualitatively upgraded in terms of their material foundations, facilities and equipment as well as services or degraded, failing to maintain the conditions and standards of their recognized classes, rates, the competent bodies shall consider and recognize new classes and rates commensurate to the practical conditions of such accommodation establishments.

b) The General Department of Tourism, the provincial/municipal Services of Tourism or Services of Trade-Tourism may make re-appraisals at the requests of competent bodies or of organizations, individuals dealing in tourist accommodation establishments.

5. Appraising fee

Organizations and individuals dealing in tourist accommodation establishments shall pay appraising and re-appraising fees according to the regulations of the Finance Ministry.

IV. Complaints about the recognition of classes, rates of tourist accommodation establishments

Within 15 days after receiving the decisions on recognition of classes, rates of tourist accommodation establishments, organizations and individuals may complain with the agencies which have issued such decisions about the recognition of classes, rates of tourist accommodation establishments.

Within 15 days after receiving the written complaints, the agencies which have issued the decisions shall have to reconsider the recognition of classes, rates of tourist accommodation establishments and reply the complaining organizations and individuals. In case of disagreement, the organizations and individuals may complain with competent bodies according to procedures for complaints against administrative decisions.

Chapter III

PROVIDING CONDITIONAL SERVICES IN TOURIST ACCOMMODATION ESTABLISHMENTS; RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS DEALING IN TOURIST ACCOMMODATION ESTABLISHMENTS

I. Providing services which require permits

1. Tourist accommodation establishments which have not yet satisfied conditions for one-star or higher class, when providing services which require permits under the provisions of law such as alcohol bar, cigarettes, professional art shows, karaoke bar, dancing hall…, shall have to carry out procedures requesting the competent bodies to grant the permits according to current provisions of law.

2. Tourist accommodation establishments which have been recognized as of one-star or higher class are entitled to provide the above-said services without having to ask for permission to provide each kind of service, but before conducting business activities must send written notices on the service types, business locations and time to the functional bodies managing such services.

3. For services which, as prescribed by law, require only business conditions but not permits, tourist accommodation establishments shall have to ensure the conditions prescribed for each type of service throughout the business process.

4. Persons providing conditional services at tourist accommodation establishments must fully satisfy the conditions and criteria as prescribed by law.

II. Rights and obligations of organizations and individuals dealing in tourist accommodation establishments

Organizations and individuals dealing in tourist accommodation establishments shall have the rights and obligations prescribed in Articles 10 and 11 of the Decree. A number of obligations are further clarified as follows:

1. To notify in writing the time to commence business operation to the State management bodies in charge of tourism in the localities according to form in Appendix 8 before conducting business;

2. To send dossiers of requesting the recognition of classes and rates of tourist accommodation establishments within no more than six months counting from the time of business commencement;

3. To give the proper names to tourist accommodation establishments which are not identical with the names of other accommodation establishments in a province or a centrally-run city; inscribed before the proper names must be types of the tourist accommodation establishments prescribed in Section II, Chapter I of this Circular and written in short as follows: hotel, motel, tourist guest house, tourist villa, tourist apartment or tourist camping;

4. To affix the placards in strict accordance with the types and classes already recognized at the main entrances of the tourist accommodation establishments.

The contents inscribed on the placards of tourist accommodation establishments of from one-star to five-star class shall comply with the form set in Appendix 9A. The contents inscribed on the placards of tourist accommodation establishments of minimum-standard class shall comply with the form in Appendix 9B.

The materials, sizes, colors of the placards; the sizes, star types, star colors; letter sizes, types, color… are specified in Appendices 9A and 9B.

5. To do business strictly according to the registered business lines; in the course of operation, to regularly maintain the conditions and criteria prescribed for each recognized class, rate;

6. To apply measures to ensure safety for the lives and property of the tourists staying at their establishments: To keep money and jewelry for them; to strictly abide by the regulations on fire prevention and fight; to maintain safety for electric appliance and pressure equipment; to keep confidential and watch against bad people according to current regulations.

To make declaration and report on temporary residence, temporary absence for tourists according to the State’s regulations and under the guidance of the local competence bodies;

7. To publicly post up the sale prices of goods and services in the accommodation establishments. In case of sale promotion, to notify customers of the types of goods and/or services with discount prices, the price discount rates and the sale promotion duration.

To make public the establishments’ internal regulations in Vietnamese and foreign language(s) appropriate to the customers of the establishments, placing them in every bed room according to provisions in Appendix 10;

8. To strictly adhere to the regimes of books, accounting, archive of dossiers and documents on business operation and tourists staying at the establishments. To observe the regime of reporting according to law provisions.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

The General Department of Tourism and the People’s Committees of the provinces and centrally- run cities shall have to direct, guide and inspect the implementation of this Circular.

The provincial/municipal Services of Tourism or Services of Trade-Tourism shall have to guide, urge and supervise organizations and individuals dealing in tourist accommodation establishments in the implementation of this Circular.

Where tourist accommodation establishments have operated before the date of promulgating this Circular, they may still continue their business operations even if they have not yet met the location conditions prescribed in Clause 1, Section IV, Chapter I of this Circular but must not expand their business areas.

Where tourist accommodation establishments have been given classes and rates before the promulgation of this Circular, the decisions to recognize the previous classes and rates remain valid, but must be adjusted and supplemented with conditions to suit the new classes and rates prescribed by the General Department of Tourism.

Where tourist accommodation establishments have operated before the date of promulgating this Circular, but not yet given classes and rates, the organizations and individuals shall have to carry out procedures requesting the classification and rating according to the provisions of this Circular.

This Circular takes effect 15 days after its signing. If in the course of implementation any problems arise, units are requested to report them in time to the General Department of Tourism for study and appropriate amendments.

For the General Director of Tourism
Deputy General Director
VU TUAN CANH

+ Enclosed bedroom with bath

The minimum area of a twin bedroom (two beds) is 13 m²

The minimum area of a single bedroom (one bed) is 9m²

+ Minimum services: Telephone, precious jewelry custody, vehicle watch.

* Floating hotel:

+ The bedroom areas can be 10-15% smaller than those of hotels

+ Minimum services: Telephone, precious jewelry custody, vehicle garage, maintenance and repair.

2. Tourist guest house

+ Bedroom with bath

The minimum area of a twin bedroom (2 beds) is 13 m²

The minimum area of a single bedroom (1 bed) is 9 m²

+ Minimum services: Telephone, precious jewelry custody, vehicle watch.

3. Tourist villa:

Enclosed with bedroom, living room, toilet, kitchen

The minimum bedroom area is the same as the hotel bedroom.

4. Tourist village

+ Bedroom with bath

- For bungalow:

The twin bedroom: The minimum area is 12m², the minimum height from the floor to the ceiling is 2.5m

The single bedroom: The minimum area is 8m², the minimum height from the floor to the ceiling is 2.5m.

- For villa: To comply with the minimum requirements in Section 3 of this Appendix.

+ Service establishments in tourist village (minimum services) include:

- Reception, transaction, information places

- Restaurant

- Foodstuff shop

- Sundry goods store

- Telephone, telegraph room

- Health station

- Sports courts

- Parking lot.

5. Tourist apartment:

Enclosed with bedroom(s), living room, toilet(s), kitchen

The minimum bedroom area is the same as hotel bedroom.

6. Camping site

+ A camping site must has a separate parking lot, areas for tourists’ camping (in huts) or mobile bedrooms (in caravan).

+ A camping site shall include:

- The total number of camping units

- Places for erection of facilities and equipment in service of daily-life needs (sanitation system, information and communication system).

- Yards for sports activities, entertainment and recreation, swimming beach (if near the coast or river bank), flower gardens, green tree areas.

+ A camping site must have water supply and drainage systems as required by planning.

1. Stay registration (for tourists).

2. Guest reception hours.

3. Check-out time (The time for one-day accommodation is calculated from 12.00 hrs of the previous day to 12.00 hrs of the current day if not otherwise provided for by establishments).

4. Things and animals not allowed to bring into the establishments: weapons, explosives, inflammables, toxic substances, State-banned goods, animals….

5. Instructions on the use of facilities and equipment in bedrooms.

6. Services available in the establishments.

7. Tourists’ liability to pay compensation to establishments.

8. Accommodation establishments’ liability to pay compensation to tourists.

9. Addresses, telephone and fax numbers of local Services of Tourism or Services of Trade-Tourism.

Note: Appendices 3, 4A, 4B, 5A, 5B, 6A, 6B, 6C, 7, 8 and 9 are not printed herewith.-