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Collect draft comments on the Decree on sanctioning of administrative violations in the field of tourism

The Ministry of Culture, Sports and Tourism is collecting opinions of organizations and individuals on the draft Decree on sanctioning administrative violations in the field of tourism.
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International tourists to Vietnam. Picture source: vneconomy.vn

Accordingly, the Draft Decree consists of 4 chapters with 27 articles. In which, Chapter I "General provisions" includes 5 articles (from Article 1 to Article 5), regulations on the scope of adjust, subjects of application, forms of sanctioning administrative violations, remedies consequences and fine levels in tourism

Chapter II "Administrative violations, sanctioning forms, sanctioning levels and remedies", including 13 articles (from Article 6 to Article 18), on acts of administrative violation; sanctioning forms, sanctioning levels and remedies. Including: Article 6. Violation of regulations on travel service business; Article 7. Violation of the regulations on travel agency business; Article 8.- Violations of the regulations on tourist guides; Article 9.- Violation of the general provisions on the provision of tourist accommodation services; Article 10.- Violation of regulations on minimum conditions on material and technical foundations, tourist accommodation services; Article 11.- Violations of regulations on the provision of tourist accommodation services for tourist accommodation establishments already class-recognized; Article 12.- Violation of regulations on other tourist service business; Article 13.- Violations of regulations on obligations of tourists; Article 14.- Violations of regulations on trading of tourist products which may affect the lives and health of tourists; Article 15.- Violation of regulations on management of tourist sites; Article 16.- Violations of regulations on management of tourist resorts; Article 17.- Violating the regulations on tourist transportation business by land; Article 18.- Violation of regulations on tourist business by inland waterway transport.

Chapter III "Authorization to penalize administrative violations and the competence for records on administrative violations" comprises 6 articles (from Article 19 to Article 24), regulations on the authorization of the specialized inspectorate, the chairman of the People's Committees at all levels, People's Police agencies, Market Management, and determination of the administrative violation sanctioning competence of the Inspectorate and Market Management, and the competence to make records of administrative violations.

Chapter IV "Implementing Provisions" includes three articles (from Article 25 to Article 27), regulations on implementation, transitional provisions and responsibilities for implementation of the Decree.

The basic contents of the draft Decree focus on the following key issues: • Add new violations to comply with the provisions of the Law on Tourism 2017 and detailed regulations; Remove violations that are no longer in accordance with the provisions of the Law on Tourism in 2017 and the detailed Decree; Remaining violations still in accordance with the provisions of the Law of Tourism in 2017 and the detailed Decree; A number of frequent violations in the field of tourism have been added, but are not regulated in legal documents on tourism, therefore it has not been included in Decree 158/2013 / ND-CP. Decree No. 28/2017 / ND-CP which is stipulated in a number of Decrees regulating the sanctioning of other administrative violations of the Government; Specific supplementation of sanctioning authorization and authorization to make records on administrative violations.

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