WHAT ARE THE CONDITIONS TO BE GRANTED AN INTERNATIONAL TRAVEL SERVICE BUSINESS LICENSE?
QUESTION
Hello TLK Law Firm, I currently have questions and hope to hear from you as follows: I am a private business owner, but currently I want to open an international travel service agency. However, I don't know if my business is licensed to operate international travel services? And if so, what conditions need to be met? Looking forward to your company's answer. Thank you!
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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. 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 provide relevant guidance.
CONSULTATION CONTENT
In recent years, the tourism industry has grown strongly and is popular with many people, especially international tourism. Because of the increasing demand, more and more international travel service businesses are being established. However, international travel services are a conditional business, only when the conditions prescribed by law are met can this service be offered. So what are the conditions for a business to be granted a travel service business license? This is a question that many customers sent to TLK Law Firm. Determining the correct conditions will help businesses carry out procedures easily and quickly.
Therefore, through this article, we will answer your questions about "What are the conditions for being granted an international travel service business license?"
Photo 1. What are the conditions to be granted an international travel service business license?_Hotline: 0972118764
I. SOME IMPORTANT LEGAL ISSUES RELATED TO CONDITIONS FOR ISSUING AN INTERNATIONAL TRAVEL SERVICES BUSINESS LICENSE
1. Conditions for being granted 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, when the above conditions regarding business establishment, deposit and person in charge are met, the business will be granted a travel service business license.
2. Conditions for the person in charge of the travel service business
According to the 2017 Law on Tourism, in addition to the business license conditions, the person in charge of travel services business is one of the mandatory requirements and conditions for the person in charge of travel service business include:
(1) The person in charge of travel service business must have graduated from college or higher with a major in travel; If you graduate from college or higher in another major, you must have a professional certificate in international tourism operations. Besides, according to the provisions of Circular No. 13/2019/TT-BVHTTDL, travel majors include:
- Travel and tourism service management, travel management;
- Tour operator and travel guide;
- Tourism marketing;
- Tourism; travel tourism;
- Tourism business and management, MICE tourism management;
- Travel agency;
- Industry, profession, or major that includes one of the phrases "tourism", "travel", "tour guide" trained and awarded diplomas by educational institutions in Vietnam before the date of Announcement. No. 13/2019/TT-BVHTTDL takes effect;
- Industry, profession, or specialty that represents one of the phrases "tourism", "travel", "tour guide" trained and awarded diplomas by foreign training establishments.
Note: In case the diploma does not show the majors, occupations, or majors specified in points l and m, then supplement the graduation transcript or diploma appendix showing the majors, occupations, and majors, including one of the following: the phrases “travel”, “travel”, “travel guide”.
(2) The person in charge of the travel services business is the person holding one of the following positions: chairman of the board of directors; Chairman of the Board of Members; company president; private business owners; general manager; director or deputy director; Head of travel services business.
Thus, the person in charge of business of a travel service enterprise must meet the above conditions according to the provisions of law.
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Photo 2. What are the conditions to be granted an international travel service business license?_Hotline: 0972118764
II. PROCEDURES FOR IMPLEMENTING PROCEDURES TO GET AN INTERNATIONAL TRAVEL SERVICES BUSINESS LICENSE
1. Steps to carry out procedures for applying for a travel service business license
Step 1: The enterprise submits an application for an international travel service business license to the Vietnam National Administration of Tourism;
Step 2: The General Department of Tourism receives documents, checks and requests amendments and supplements, if any;
Step 3: The enterprise receives an international travel service business license from the Vietnam National Administration of Tourism.
2. Components of application documents for travel service business
Travel service establishments wishing to apply for a business license must prepare a set of documents including the following documents:
(1) Application for an international travel service business license;
(2) Certified copy of Business Registration Certificate or Investment Registration Certificate issued by a competent state agency;
(3) Certificate of deposit for travel service business;
(4) Certified copies of diplomas and certificates of the person in charge of the travel service business according to the law;
(5) A certified copy of the appointment decision or labor contract between the travel service business and the person in charge of the travel service business;
(6) Power of attorney for the person submitting the application (in case of authorizing someone else to do so);
(7) Personal legal documents of the person performing the procedure (certified copy of ID card, citizen identification card, valid passport);
(8) Other documents required by competent state agencies (if any).
3. Resolution agency
Tourism.
4. Implementation results
International travel service business license.
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IV. SOME QUESTIONS RELATED TO CONDITIONS FOR BEING ISSUE FOR AN INTERNATIONAL TRAVEL SERVICES BUSINESS LICENSE
Question 1: In what cases is margin used?
Reply:
Pursuant to Decree No. 168/2017/ND-CP, deposits are used in cases to resolve problems that arise when businesses are unable to fulfill their obligations when a tourist dies. , having an accident, mishap, or life-threatening injury that requires being brought back to their place of residence or for emergency treatment but the enterprise is unable to arrange funds to resolve it promptly, the enterprise submits a request for temporary relief. The deposit is sent to the travel service licensing agency. The travel service business licensing agency reviews and requests the bank to allow the business to deduct the deposit account for use or refusal within 48 hours from the time of receiving the business's request.
Question 2: When will a travel service business be reissued with a business license?
Reply:
According to the 2017 Law on Tourism, travel service businesses are re-issued 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.
Question 3: 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.
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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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