DOES A BUSINESS THAT WANTS TO LICENSE AN INTERNATIONAL TRAVEL SERVICE BUSINESS NEED TO DEPOSIT A DEPOSIT?
QUESTION
Dear TLK Law Firm, I currently have a question and hope to hear from you as follows: I am the owner of a private business, with a passion for international tourism, so I would like to invest in the international travel services business. However, I don't know if my business needs a deposit before being granted an international travel service business license? Looking forward to your company's answer. Thank you!
RELATED ARTICLES
1. Sample international travel permit? Sample domestic travel permit?
2. What is an international travel permit? What is a domestic travel permit?
3. What are the sanctions for doing international travel services without a license?
Thank you for your trust and sending questions to TLK Law Firm. Based on legal regulations and practical solutions, we would like to send you the following consulting content:
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. Other legal documents provide relevant guidance.
CONSULTATION CONTENT
Currently, tourism is one of the industries with a fast growing rate. Therefore, to meet the increasing demand for tourism, in addition to developing domestic tourism services, many businesses expand their business scope to an international travel service business model to meet the needs of Vietnamese people. However, to be granted a license to conduct international travel services by a competent state agency, what conditions must a business meet? Does a business need to make a deposit for international travel services? This is a question that many customers sent to TLK Law Firm.
Therefore, through this article, we - TLK Law Firm will answer to your questions about "Do businesses that want to issue a license to operate international travel services need to deposit?"
Photo 1. Does a business that wants to license an international travel service business need to deposit a deposit?_Hotline: 0972118764
I. SOME IMPORTANT LEGAL ISSUES RELATED TO DEPOSIT WHEN ENTERPRISES WANT TO GRANT AN INTERNATIONAL TRAVEL SERVICES BUSINESS LICENSE
1. What is the margin?
Deposit is one of the popular forms of asset security. According to the 2015 Civil Code, Deposit is the act of the obligor depositing a sum of money, precious metals, gemstones or valuable papers into a blocked account at a credit institution to ensure the performance of the obligation.
Accordingly, in case the obligor fails to perform or improperly performs the obligation, the obligee will receive payment from the credit institution where the deposit is made and compensate for damages caused by the obligor, after deducting service expenses.
2. Conditions for granting an international travel service business license
Pursuant to the 2017 Tourism Law, to be granted 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, in addition to the conditions of the business license and the person in charge of the business, businesses that want to be granted an international travel service business license need to make a deposit at the bank.
3. Deposit level and deposit method for international travel service business
Pursuant to Decree No. 94/2021/ND-CP, when businesses want to be granted an international travel service business license, they need to deposit as follows:
(1) Travel service business for international tourists coming to Vietnam: 50,000,000 VND (fifty million dong);
(2) Travel service business for tourists going abroad: 100,000,000 VND (one hundred million dong);
(3) Travel service business for international tourists coming to Vietnam and tourists going abroad: 100,000,000 VND (one hundred million dong).
In addition, when making a deposit, businesses make a deposit in Vietnamese Dong at a commercial bank, cooperative bank or foreign bank branch established and operating in Vietnam; enjoy interest rates according to the agreement between the enterprise and the deposit receiving bank in accordance with the provisions of law. The deposit must be maintained throughout the time the business operates travel services.
=> See more: Can FDI companies provide international travel services?
4. Main contents of the deposit contract
Pursuant to Decree No. 168/2017/ND-CP, when an enterprise pays a deposit at a bank, the bank will receive the deposit and conclude the contract. The main contents of the deposit contract include:
(1) Name, address, representative of the enterprise;
(2) Name, address, representative of the bank;
(3) Reason for deposit;
(4) Deposit amount, deposit interest rate, deposit interest payment, use of deposit, withdrawal of deposit, refund of deposit;
(5) Responsibilities of related parties and other agreements in accordance with the provisions of law and not contrary to the provisions of Decree No. 168/2017/ND-CP.
Thus, when signing a deposit contract, travel service businesses and banks need to ensure that the above main contents are included in the contract.
Photo 2. Does a business that wants to license an international travel service business need to deposit a deposit?_Hotline: 0972118764
II. SUMMARY OF THE ANSWER SECTION: DO ENTERPRISES WHO WANT TO GRANT AN INTERNATIONAL TRAVEL SERVICES BUSINESS LICENSE NEED TO SIGN A DEPOSIT?
Dear Customers, from the above synthesis and analysis, TLK Law Firm would like to give the following answer!
Deposit is one of the required conditions to be granted a travel service business license. Therefore, businesses that want to be granted an international travel services license need to make a deposit according to the provisions of the 2014 Tourism Law.
=> See more: When is it necessary to apply for an international travel service business license? How long will it take?
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.
IV. SOME QUESTIONS REGARDING DEPOSIT WHEN ENTERPRISES WANT TO GRANT AN INTERNATIONAL TRAVEL SERVICES BUSINESS LICENSE
Question 1: When does the deposit receiving bank block the deposit amount?
Reply:
Pursuant to Decree No. 168/2017/ND-CP, when an enterprise requests a deposit to be deposited into a bank account, the bank receives the deposit and the enterprise enters into a deposit contract. On the basis of the deposit contract, the deposit-receiving bank blocks the enterprise's deposit amount deposited at the bank. After blocking the deposit amount, the deposit receiving bank issues a Certificate of deposit for travel service business to the enterprise.
Question 2: How long does it take for a travel service business to replenish the deposit amount?
Reply:
Pursuant to Decree No. 168/2017/ND-CP, when temporarily using the deposit amount in cases where tourists die, have accidents, mishaps, or have their lives harmed, they must be brought back to their residence destination or emergency treatment that the business is unable to allocate funds to resolve promptly. Then, within 30 days from the date the money is withdrawn from the deposit account, the travel service business is responsible for supplementing the used deposit amount to ensure the deposit level. In addition, in case the enterprise does not comply, the bank will send a written notice to the licensing agency for remedial measures according to the provisions of law.
Question 3: In what cases can businesses send a written request to refund deposits?
Reply:
Pursuant to Decree No. 168/2017/ND-CP, travel service businesses that make deposits can have their deposits refunded in the following cases:
(1) There is a written notice from the travel service licensing agency that the enterprise is not granted a travel service business license or changes the deposit receiving bank;
(2) There is a document from the travel service business licensing agency regarding the refund of the deposit after revocation of the travel service business license.
Thus, travel service businesses can send a written request to the competent state agency to refund the deposit in the above cases according to the provisions of law.
.=> See more: What are the conditions to be granted an international travel service business 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).
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