On 21/05/2019, the Government issued Decree No. 45/2019/ND-CP regulating administrative violations, sanctions, penalties and remedies and competence to make records on administrative violations in the field of tourism. This Decree takes effect from 01/08/2019.
According to Decree No. 45/2019/ND-CP, for each act of administrative violation in the field of tourism, violating individuals and organizations must be subject to one of the main sanctioning forms: caution or fine. .
Depending on the nature and severity of violations, individuals and organizations that commit acts of administrative violation in the tourism domain may also be subject to one or more of the following additional sanctioning forms:
– Deprivation of the right to use for a term of from 1 month to 24 months: Travel service business license; tourist guide card; decision on recognition of class of tourist accommodation establishments; decide to recognize other tourist service business establishments that meet the standards of tourists; decision to recognize tourist destinations; decision to recognize tourism areas; signboards of tourist transport means;
– Suspension of operation for a period of from 1 month to 06 months;
– Confiscation of material evidences in administrative violations: Fake travel service business license; fake tourist guide card; fake transport vehicle signs.
In addition, individuals and organizations that commit administrative violations in the field of tourism in addition to being subject to the above sanctioning forms may also be subject to one or several of the following remedial measures:
– Forcible re-payment of illegal profits gained from the execution of administrative violations;
– Forced withdrawal of international travel service business licenses, tourist guide cards, decisions on recognition of tourist accommodation establishments and decisions on recognition of other standard tourist service business establishments. serving tourists, deciding to recognize tourist spots, deciding to recognize tourist resorts;
– Forced dismantling of standard signs for tourists;
– Compulsory payment of charges, fees and payable amounts as prescribed.
The Decree stipulates the maximum fine level for each act of administrative violation in the field of tourism for individuals is VND 50 million, for organizations is VND 100 million. For the same act of administrative violation, the fine level for organizations is 2 times the fine level for individuals.
The promulgation of Decree No. 45/2019 / ND-CP is necessary to enhance the effectiveness and efficiency in state management while attracting tourists and ensuring sustainable tourism development.