CAN THE INTERNATIONAL TRAVEL SERVICES BUSINESS LICENSE BE RE-ISSUED?
QUESTION
Dear TLK Law Firm, I currently have a question and hope to hear from you as follows: I was granted an international travel service business license, but unfortunately I lost it. So I wonder: Can the international travel service business license be reissued? Looking forward to your company's answer. Thank you!
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Cảm ơn Quý Khách hàng đã tin tưởng và gửi câu hỏi đến Công ty Luật TNHH TLK, trên cơ sở quy định pháp luật và thực tiễn giải quyết, chúng tôi xin gửi tới Quý Khách hàng nội dung tư vấn như sau:
LEGAL BASIS
1. Tourism Law No. 09/2017/QH14 passed by the National Assembly on January 1, 2018;
2. Decree No. 168/2017/ND-CP issued by the Government on December 31, 2017 detailing a number of articles of the Law on Tourism;
3. Decree No. 94/2021/ND-CP issued by the Government on October 28, 2021 amending and supplementing Article 14 of Decree No. 168/2017/ND-CP;
4. Circular No. 13/2019/TT-BVHTTDL issued by the Ministry of Culture, Sports and Tourism on December 15, 2017 detailing a number of articles of the Law on Tourism;
5. Other legal documents providing relevant guidance.
CONSULTATION CONTENT
International travel business belongs to the group of conditional business lines, so applying for an International Travel Business License is a necessary and sufficient condition for the business to have a full license to operate in the field of international tourism. However, in some cases, businesses lose or damage their international travel service business license. So can the international travel service business license be reissued? This is the question that most customers send to TLK Law Firm.
Therefore, through this article, we - TLK Law Firm will answer your questions about whether the International Travel Services Business License can be reissued?
Photo 1. Can the international travel service business license be reissued?_Hotline: 0972118764
I. SOME IMPORTANT LEGAL ISSUES RELATED TO RE-ISSUANCE OF INTERNATIONAL TRAVEL SERVICES BUSINESS LICENSE
1. What is an international travel service business license?
According to the provisions of the 2017 Law on Tourism, travel service business is the construction, sale and implementation of part or all of the tour program for tourists.
Accordingly, the international travel service business is an activity serving international tourists coming to Vietnam and tourists going abroad. This activity is understood as building, selling and organizing the implementation of part or all of the program for international tourists coming to Vietnam and tourists going abroad.
Thus, the International Travel Service Business License is one of the documents that travel service businesses need to have. This license will be issued when the business meets the conditions according to regulations on international travel service business
2. In what cases can an international travel service business license be re-issued?
According to the 2017 Law on Tourism, International Travel Business Licenses are only issued to businesses that are established in accordance with current laws and have registered business lines: Tour Operator: International travel Business. Travel service businesses are re-issued with business licenses in the following cases:
(1) The enterprise has lost its travel service business license;
(2) The enterprise's travel service business license is damaged;
Thus, when an enterprise falls into one of the above two cases, the enterprise sends a request to the competent state agency to reissue its business license.
3. Conditions for re-issuance of International Travel Services Business License?
Pursuant to the 2017 Law on Tourism, to be re-issued with an international travel service business license, businesses must meet the following conditions:
(1) Is an enterprise established according to the provisions of law on enterprises;
(2) Deposit for international travel services business at the bank;
(3) The person in charge of the travel service business must have graduated from college or higher with a major in travel. In case of graduating from college or higher in another major, you must have a professional certificate in international tourism operations.
Thus, when all the above conditions are met, the business will be re-issued a travel service business license.
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II. PROCEDURE FOR IMPLEMENTING PROCEDURES FOR RE-ISSUANCE OF INTERNATIONAL TRAVEL SERVICES BUSINESS LICENSE
1. Implementation steps
According to the 2017 Tourism Law, the process of applying for an international travel service business license is carried out as follows:
Step 1: Enterprises requesting re-issue of international travel service business license submit 01 set of documents to the General Department of Tourism;
Step 2: The General Department of Tourism checks the documents and requests to complete them (if any);
Step 3: If the application is valid, the General Department of Tourism with licensing authority is responsible for re-issuing the travel service business license to the enterprise;
Step 4: The enterprise requests re-issuance of the International Travel Service Business License to receive the results.
2. Profile components
Enterprises requesting re-issuance of an international travel service business license must prepare a dossier including the following documents:
1. Application for re-issuance of an international travel service business license according to the form prescribed by the Minister of Culture, Sports and Tourism;
2. Power of attorney for the person submitting the application (in case of authorizing someone else to do so);
3. Certified copy of personal legal documents (ID card, citizen identification card, valid passport) of the person performing the procedure;
4. Other documents as required by competent state agencies (if any).
Number of documents: 01 set
3. Resolution agency
General Department of Tourism
4. Resolution time
Within 05 working days from the date of receiving the enterprise's application, the state agency with licensing authority is responsible for re-issuing the travel service business license to the enterprise.
5. Implementation results
Reissue of International Travel Services Business License.
Photo 2. Can the international travel service business license be reissued?_Hotline: 0972118764
II. SUMMARY OF ANSWER SECTION: CAN THE INTERNATIONAL TRAVEL SERVICES BUSINESS LICENSE BE RE-ISSUED?
Dear Customers, from the above synthesis and analysis, TLK Law Firm would like to give the following answer:
The international travel service business license will be reissued to the business in case the license is lost or damaged.
III. HOW SHOULD YOU BEST CHOOSE AN ORGANIZATION THAT PROVIDES LEGAL SERVICES?
An organization providing quality and reputable legal services should have the following criteria:
First: Must be an official legal organization with a legal operating license;
Second: It is better if the Board of Directors must be lawyers, experienced and have high degrees;
Third: Have a team of lawyers and a systematic, professional, and thoroughly trained human resources system;
Fourth: Friendly, dedicated and make every effort for the benefit of customers. Consider customer satisfaction and work quality as your own honor;
Fifth: Professional, thoughtful, flexible and logical service provision process to optimize work performance and save customers' time;
Sixth: Reasonable and competitive service prices;
Seventh: Rich services in both fields of supply and service packages in the same field for customers to choose the appropriate service package, as well as comprehensive support for customers throughout the operation process. movement;
Eighth: Have the ability to Connect - Promote commercial relationships for customers if customers have needs,...
Finding a comprehensive, professional and reputable legal consulting organization is what every customer wants. Because no one wants to risk losing both money and time while the results are not as expected. However, finding such an organization is not easy because the number of service providers in the Vietnamese market today is very large with varying quality.
A suggestion for you: Although our TLK Law Firm does not dare to claim to be the best legal service provider on the market, we satisfy all of the above criteria and more will definitely be a good choice for you.
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V. SOME QUESTIONS RELATED TO RE-ISSUANCE OF INTERNATIONAL TRAVEL SERVICES BUSINESS LICENSE
Question 1: In what cases will an enterprise have its travel service business license revoked?
Reply:
According to the 2017 Law on Tourism, travel service businesses will have their travel service business licenses revoked in the following cases:
(1) Termination of travel service business, dissolution or bankruptcy;
(2) Does not meet one of the conditions for travel service business specified in the 2017 Law on Tourism;
(3) Do not change the travel service business license as prescribed in the 2017 Law on Tourism;
(4) Harmful to sovereignty, national interests, national defense and security;
(5) Taking advantage of tourism activities to bring people from Vietnam abroad or from abroad into Vietnam illegally;
(6) Allowing other organizations and individuals to use the enterprise's travel service business license to conduct business;
(7) Failure to fully fulfill the obligations prescribed in the 2017 Law on Tourism, causing serious damage to the lives, health, and property of tourists;
(8) Falsifying application documents for issuance, renewal or re-issuance of travel service business licenses.
Thus, businesses that are granted a travel service business license by a competent state agency when falling into the above cases will have their license revoked by the competent state agency according to the provisions of law.
Question 2: In what cases can a travel service business license be renewed?
Reply:
Pursuant to the 2017 Law on Tourism, businesses request to renew their travel service business license in the following cases:
(1) Change the Business Registration Certificate or Investment Registration Certificate;
(2) Changing the scope of international travel service business.
Therefore, if the enterprise falls into the above cases, it is recommended to renew its travel service business license.
Question 3: How is the scope of travel service business regulated?
Reply:
Pursuant to the 2017 Law on Tourism, when conducting travel service business, businesses rely on the domestic travel service business license and international travel service business license to carry out the following business scope:
(1) Domestic travel service business to serve domestic tourists;
(2) International travel service business serving international tourists coming to Vietnam and tourists going abroad;
(3) Enterprises providing international travel services are allowed to conduct international travel services and domestic travel services, except in the following cases:
- Foreign-invested enterprises are only allowed to conduct international travel services to serve international tourists coming to Vietnam;
- International treaties to which the Socialist Republic of Vietnam is a member have different provisions.
Thus, when operating a travel service business, businesses need to operate within the business scope decided by the competent state agency when issuing a travel service business certificate.
=> See more: What are the sanctions for doing international travel services without a license?
Above is some general advice that we would like to offer to our customers. As a service provider, we always understand and are ready to accompany and solve the needs and difficulties that customers are facing. If you still have questions or need more in-depth advice, please contact the hotline: 0972118764 to receive direct advice from a lawyer (completely free consultation).
Thank you very much!
Administrative Procedures Department - TLK Law Firm
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