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GOVERNMENT       THE SOCIALIST REPUBLIC Of VIETNAM
 No.09/CP          Independence-freedom-Happiness.
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                        Hanoi, february 5th, 1994.

DECREE Of THE GOVERNMENT ON ORGANIZING AND MANAGING THE TOURIST ENTERPRISES

THE GOVERNMENT

- Pursuant to Resolution No. 45-CP dated 22 June, 1993 of the Government on the management renovation and development of the tourist industry;

- To organize and manage the tourist enterprises in the specialization orientation, in order to strengthen the management effect, and enhance the quality and efficiency of the tourist industry's operation.

DECREES :

Article 1.

The tourist enterprise shall be an independent economic accounting organization doing one or some tourist businesses or services, having legal status and operating in accordance with the laws.

Article 2.

The forms of tourist enterprises shall include:

- Travel: having transactions, signing contracts with the domestic and overseas tourist organizations to set forth and materialize the tourist programs booked by tourists.

- Hotel service: receiving tourists, offering them the services of accommodation, restaurants, entertainment, goods sales.

- Tourist transportation

- Doing other services such as entertainment, tourist advertisement, and consultant service for tourist investment.

Article 3.

The tourist enterprise shall choose one of the above form as its major business; other ancillary business forms must be approved by the competent bodies.

Article 4.

The tourist enterprises shall be responsible for:

- Doing business in accordance with the contents (major, ancillary) started in the granted license;

- Complying with and conducting the tourists to comply with the State regulations on protecting political security, social order and safety, ecological environment, natural resources, and traditional culture;

- Complying with the Ordinance on Accounting and Statistics, paying taxes and fulfilling strictly all obligations to the State;

- Managing the tourists from receiving them up to the termination of the tour, ensuring the safety to the life and property of the tourist;

- Ensuring the laborers' lawful physical and moral interests.

Article 5.

Establishment, disbandment, bankruptcy and management, granting and withdrawing the business license:

1. The establishment, disbandment and bankruptcy of the tourist enterprises:

- The tourist enterprises shall comply with Decree No. 388-HDBT dated 20 November 1991 of the Council of Minister (now the Government).

- The limited liability companies, share-holding companies, private enterprises shall comply with the Law on Company and the Law on Private Enterprise.

- The joint-venture companies with foreign owned capital shall be subject to the Law on foreign Investment in Vietnam.

- All tourist enterprises becoming bankrupt shall be subject to the Law on Enterprise Bankruptcy.

2. The devolution of State management to various levels: for tourist enterprises:

a/ The National Administration of Tourism

Pursuant to Decree No. 20-CP dated 27 December 1992 of the Government, regarding the State management on tourism, the National Administration of Tourism shall be responsible for:

- Appraising the establishment of the tourist enterprises

- Granting, managing and withdrawing the business license for international tourist industry.

- Considering, determining the classification of International hotels.

- Taking part in appraising the investment projects on tourism and hotels.

b. The People's Committee of the provinces and cities shall be responsible for:

- Granting, managing and withdrawing the business licenses of hotels and domestic tourist services including international hotels, domestic hotels, guest houses, holiday houses of the State bodies, ministries, and branches converting into hotel industry a nd other services on the territory of Vietnam in accordance with the laws and regulations on guidance issued by the National Administration of Tourism.

Article 6.

This Decree shall go into effect from the signing date. All previously issued provision which are contrary to this Decree shall be hereby repealed.

Article 7.

The Director General of the National Administration of Tourism shall be responsible for making the detailed guidance for implementing this Decree in appropriate steps.

Article 8.

The Director General of the National Administration of Tourism, the Ministers, the Heads of the ministry-ranking-bodies, the Heads of the Government's offices and the Chairmen of the People's Committees of the provinces, cities shall be responsible for th e implementation of this Decree.

for The Government Vice Prime Minister

PHAN VAN KHAI