Home / Tourism

Handling Violations of Law on Tourist Accommodation Business.


food when providing services in tourist accommodation establishments according to regulations. The use of chemicals in tourist accommodation establishments must comply with the provisions of the Law on Chemicals and other relevant regulations; ensure safety for users and guests; do not cause environmental pollution. Manage, monitor, and periodically evaluate the environmental situation and data: energy consumption, water consumption, waste, wastewater, toxic emissions of tourist accommodation establishments; collect feedback from guests on the environment to improve and enhance environmental quality. Encourage registration for licensing

base brand

eco-friendly tourist accommodation such as

birth label

Maybe you are interested!

environment, sustainable tourism label. Arrange human resources to monitor and manage tourism environmental protection work corresponding to each type and class of tourist accommodation establishments according to regulations. Implement other relevant provisions of the law on environmental protection.”61

In addition to implementing the provisions of Article 24 of the Law on Inland Waterway Traffic and the provisions of Circular No. 20/2011/TTBGTVT dated March 31, 2011 of the Minister of Transport regulating inland waterway passenger transport, vehicles must ensure the following requirements:

Handling Violations of Law on Tourist Accommodation Business.

For tourist accommodation, there must be a sleeping room or bedroom that ensures the quality of facilities, equipment and services according to current regulations; There must be a sign indicating the location and instructions for use.

equipment

lifesaving, rescue, fire prevention, fire fighting, protection

lip

The school is posted in a location that is easily visible and understandable to passengers; there is a board.

Instructions for using life jackets, using hammer to open or break doors

escape; equipped

weather monitoring, communication: system available

system

Internal information from the captain's room to service areas, guest bedrooms or bedrooms; with telephone numbers and addresses of search and rescue agencies; With a chart of the cruise route, ports, passenger pick-up and drop-off stations and anchorages; With full crew complement according to


61 Article 8, Joint Circular No. 19/2013/TTLTBVHTTDLBTNMT.


regulations and must be arranged to be on guard 24/7; There must be a list of crew members and service staff on the vehicle that is fully recorded and kept on the vehicle, supplemented daily (if there are any changes).”62

Article 27 of the 2001 Law on Fire Prevention and Fighting stipulates: “In hospitals, schools, hotels, motels, dance halls, theaters, cinemas and other crowded places, there must be an escape plan; there must be a force to guide and assist people, especially those who are unable to escape on their own; there must be a plan to coordinate with other forces to fight fires.” Accommodation establishments must have fire prevention and fighting equipment to serve the fire prevention and fighting work of the establishment 63.

Comply with the regulations of the State management agency on health when detecting tourists with infectious diseases; declare temporary residence for tourists according to the provisions of law; compensate tourists for damages according to the provisions of law.

Comply with the regulations of the state health management agency when detecting tourists with infectious diseases: Infectious diseases are diseases transmitted directly or indirectly from humans or from animals to humans due to infectious agents.64

A person with an infectious disease is a person infected with an infectious agent and showing symptoms of the disease.65

Organizations and individuals doing business in tourist accommodation are responsible for providing information,

education and communication on infectious disease prevention for the entire population

staff and tourists residing at the facility with the following basic contents: Causes, transmission routes, ways to recognize diseases and measures to prevent and control infectious diseases. Consequences of infectious diseases on human health and life.66


62 Article 5, Joint Circular No. 22/2012/TTLTBGTVTBVHTTDL.

63 Article 7, Decree No. 79/2014/NDCP.

64 Clause 1, Article 2, Law on Prevention and Control of Infectious Diseases 2007.

65 Clause 4, Article 2, Law on Prevention and Control of Infectious Diseases 2007.

66 Article 9, Law on Prevention and Control of Infectious Diseases 2007.


Organizations and individuals doing business in tourist accommodation must take measures.

guarantee on

clean place

in, public place, place of production, business,

means of transport, treatment of industrial and domestic waste and other hygiene measures as prescribed by relevant laws to prevent the occurrence and spread of infectious diseases67.

Organizations and individuals doing tourism accommodation business when there is an epidemic, people with an epidemic or people who discover cases of an epidemic or suspected cases of an epidemic must declare to the nearest health agency within 24 hours from the time of detecting the epidemic.68

Carry out temporary residence declaration for tourists according to the provisions of law: Organizations and individuals doing business in tourist accommodation when a person comes to stay are responsible for notifying the stay to the police of the commune, ward or town. Organizations and individuals doing business in tourist accommodation are responsible for asking the person coming to stay to present one of the following documents: Identity card; valid Vietnamese passport; other personal identification documents or documents issued by agencies, organizations, or People's Committees of communes, wards or towns. For people

Children under 14 years old coming to stay do not have to present the above documents.

but must provide personal information of people under 14 years old. 69

Notification of residence is made directly or by phone or via the Internet or computer network.70 Notification of residence is made before 23:00. If the person arrives to stay after 23:00, the notification of residence will be made the following morning.71 The police of the commune, ward or town are responsible for notifying the location, internet address, computer network address, phone number of the place where the notification of residence is received and instructions on how to notify of residence.72

Compensate tourists for damages caused by their own fault:

If the organization

organizations and individuals doing business in tourist accommodation to

damage occurred to


67 Article 19, Law on Prevention and Control of Infectious Diseases 2007. 68 Article 47, Law on Prevention and Control of Infectious Diseases 2007. 69 Clause 2, Article 21, Circular 35/2014/TTBCA.‌‌‌

70 Clause 3, Article 21, Circular 35/2014/TTBCA.

71 Clause 3 Article 31, Law on Residence 2006.

72 Clause 4, Article 21, Circular 35/2014/TTBCA.


Tourists (such as those whose life, health, honor, dignity, reputation, property, rights, and other legitimate interests are violated) in case of fault on the part of the accommodation establishment, must compensate the tourist for non-contractual damages.73

Principle of compensation for damages:

Damages must be fully compensated.


and promptly. The parties have

The parties may agree on the level of compensation, the form of compensation in cash, in kind or by performing a job, and the method of compensation in one or more installments, unless otherwise provided by law.

The person causing the damage may have the compensation reduced if, due to unintentional error, the damage is too great compared to his or her immediate and long-term economic capacity.

When the compensation level is no longer suitable to reality, the damaged person or the person causing the damage has the right to request the Court or other competent state agency to change the compensation level.74

The method of determining specific damages must be based on the provisions of the 2005 Civil Code: from Article 608 to Article 630.

2.1.5. Handling of violations of the law on tourist accommodation business.

Tourist accommodation service businesses must fully comply with the provisions of the law on business conditions as well as ensure other conditions such as ensuring food safety and hygiene, ensuring fire prevention and fighting, health care, registration of accommodation declaration... In case accommodation businesses violate the law, depending on the severity, they may be subject to fines or revocation of business licenses. The level of penalty is based on the Law on Handling of Administrative Violations and a number of other relevant legal documents.


73 Article 604 of the 2005 Civil Code.

74 Article 605 of the 2005 Civil Code.


However, the issuance of legal documents on the field of handling administrative violations in the tourism sector is still overlapping, inconsistent and not comprehensive. Specifically:

Since the implementation of the Law on Tourism up to now (10 years), our country has applied 4 Decrees on administrative sanctions for violations in this field, including: Decree

number

50/2002/NDCP, Decree

Decree 149/2007/NDCP

determine

Decree 16/2012/NDCP and Decree 158/2013/NDCP.

Decree 158/2013/NDCP was issued with new thinking, demonstrating

level

The highest legislative body is the one that enters three texts.

administrative penalty

in all three respective fields managed by the Ministry of Culture, Sports and Tourism

into a single general document. But why?

out

This merger must be

done right away

when issuing the Decree

Decree 16/2012/NDCP. Because, the

The management of the three above mentioned areas was merged in July 2007 but still

By 2013, the Government one.

newly merged three councils

judgment

this penalty is

However, the Decree

Decree 158/2013/NDCP on handling

penalty

The administrative sanctions in the fields of culture, sports, tourism and advertising have not fully summarized the necessary contents from Decree 16/2012/NDCP on administrative sanctions in the field of tourism, creating gaps in legal documents. Specifically:

Regarding the provisions on “remedial measures”, Article 2 of Decree

Decree 158/2013/NDCP stipulates 13 remedial measures including 6

remedial measures

in Article 28 of the Law on Handling of Criminal Matters

administrative violation

main75 and 7 additional measures are listed.76 Whereas previously, paragraph 3


75 The six measures applied are: points a, b, d, e, h and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

76 Seven additional measures are listed, including: Forced cancellation of athlete selection results, results of conferring ranks on athletes, coaches, and high-performance sports referees; Forced cancellation of sports competition results; Forced removal of exhibitions and signs; Forced return of encroached land or termination of illegal use of historical and cultural relics, scenic spots, cultural and artistic works;

Forced return of library materials that have been swapped or appropriated; Forced removal, dismantling or deletion of advertisements; Forced apology to organizations and individuals.


Article 3 of Decree 16/2012/NDCP (the document that has been replaced) clearly lists 12 remedial measures.77 But the 13 measures prescribed later cannot replace the 12 previous measures.

Set a penalty for the act of "Using means and equipment that do not ensure the health, safety, life and property of tourists"

as prescribed" according to point a

Clause 5, Article 45 of the Decree

Decree 158/2013/NDCP

on violating regulations on tourist accommodation business. This act is subject to a fine of 15,000,000 VND to 20,000,000 VND without accompanying remedial measures "Forced to supplement sufficient furniture, amenities, means, equipment to ensure the health, safety of life and property of tourists". So, how will the violator behave? If the violator keeps paying the fine and continues to re-offend, while the sanctioning agency keeps fining and inspecting to re-fine.

Although competent state agencies have actively issued legal documents on the field of tourism - tourist accommodation business, creating a legal corridor for tourism activities, the work of building legal documents in recent times has not met the requirements of life. Therefore, it is necessary to have studies to perfect legal regulations on measures to overcome these consequences.


77 Twelve measures include: a) Compelling the addition of sufficient furniture, amenities, means, and equipment to ensure the health, safety, life, and property of tourists; b) Compelling the correct implementation of the regime of establishing and storing records and documents as prescribed by law; c) Compelling the return to tourists or the transfer to the state budget of illegally collected assets from tourists; d) Compelling the full deposit amount as prescribed; dd) Compelling the correct implementation of the reporting regime as prescribed by law; e) Compelling the installation of signs for cars that meet the standards for serving tourists as prescribed by law; g) Compelling the addition of sufficient equipment, facilities, services, professional qualifications, and foreign languages ​​of managers and service staff corresponding to the standards of each type and class of service accommodation establishments as prescribed by law; h) Compelling the installation of signs for tourist accommodation establishments in accordance with the classification decision of competent state agencies; i) Force the removal and destruction of publications, billboards, signs, equipment and facilities that violate the provisions of law; k) Force the removal and destruction of tourism propaganda and promotion materials, and termination of promotional programs for certain acts of violating regulations on tourism promotion activities; l) Force the implementation of measures to remedy environmental pollution caused by acts of violating regulations on environmental protection; m) Force the execution of decisions of competent agencies and individuals for acts of obstructing inspection, examination and handling of administrative violations.


2.2. Current status of tourism accommodation business activities.

2.2.1. Tourist accommodation market.

Implementing the country's innovation policy in recent years, Vietnamese tourism has overcome many difficulties and challenges, is flourishing and achieving results.

achieved many important achievements, contributing positively to the socio-economic development of the country.

industry

According to the report of the General Department of Tourism at the end of 2012, the tourism industry welcomed and served 6.847 million international visitors, an increase of 11%, 32.5 million domestic visitors, an increase of 8%, total revenue from tourists reached about 160 billion VND, an increase of 23% compared to 201178. Also according to information from the General Department of Tourism

calendar (Set)

Culture, Sports

Sports and Tourism) on August 25, 2014 said the amount

international guests

to Vietnam in August 2014

estimated at 618,588 views

visitors, up 9.5% compared to July 2014. This result contributed to the total number of international visitors to Vietnam in the first eight months of 2014 estimated at over 5.47 million, up 2.2% compared to the same period in 2013. The number of visitors for tourism and relaxation was over 3.3 million, up 10.5% compared to the same period in 2013;

Business visitors increased by 12.9% compared to the same period in 2013; visitors

Visiting relatives increased by 15.8% compared to the same period in 2013. Visitors to Vietnam for other purposes increased by 18.2% compared to the same period in 2013. Most tourist markets increased in the first eight months of 2014 compared to the same period in 2013, specifically

body

market

Hong Kong market increased by 97.5%, Germany increased by 83.3%, Russia increased by 27.1%,

Spain increased by 24.3%; Laos increased by 21.5%; Cambodia increased by 20.1%; England increased by 17.2%, China increased by 17.2%...79 The total number of domestic tourists in the first eight months of 2014 is estimated at 30.1 million arrivals, an increase of 6.9% over the same period last year.

period 2013. Total revenue from

tourist

estimated at 159,770 billion

copper, increase

20.4% over the same period in 201380.


78 Vietnam National Administration of Tourism, Statistics, http://vietnamtourism.gov.vn/index.php/cat/1205/3, accessed August 19, 2015

79Vietnam National Administration of Tourism, Statistics, http://www.vietnamtourism.com/index.php/news/items/12500, accessed August 19, 2015.

80 Vietnam National Administration of Tourism, Statistics, http://vietnamtourism.gov.vn/index.php/cat/1205/3, accessed August 19, 2015.


To meet the diverse needs of tourists, the tourist accommodation system has also developed in both quantity and quality. The hotel industry is shifting from quantity to quality, developing the hotel system.

High-end, meeting the diverse needs of tourists, competing with quality

product quantity

As of June 2014, the whole country had 15,998 accommodation establishments with 331,538 rooms. Compared to the tourist accommodation system when the Tourism Ordinance took effect, the whole country had 3,267 accommodation establishments with 72,200 rooms and when the Tourism Law

2005 all

The country has 7,039 establishments.

accommodation with 160,500 rooms.81 As

so for

see the tourist accommodation system develop steadily according to the development of society and the adjustment of the law.

Besides the results

achieved about

growth and efficiency

In terms of operation, the development of the tourist accommodation system in our country still has some limitations that need to be addressed:

Although the number of hotels and rooms has increased rapidly, tourist accommodation facilities are not built according to a unified plan, and most of the hotels are small (hotels with less than 20 rooms). These hotels are mainly located in provinces with tourist centers, and their operations lack professionalism, and the application of advanced technology is limited...

Small hotels are often built long ago.

decades, design

and equipment

lack of uniformity. Staff

Managers and service staff are not professionally qualified, many people

without training. Due to the lack of strict regulations in selecting people, even low-ranking hotel managers

not demanding high technical and professional skills for the candidates

foreign languages ​​or only one-time training, not paying attention to improving professional skills for employees. The above weaknesses can be considered as special


81 Cases

Hotel – General Department of Tourism, Agency

tourist accommodation period 20002014,

http://vietnamtourism.gov.vn/index.php/items/13461, accessed August 19, 2015

Comment


Agree Privacy Policy *