WHAT ARE THE SANCTIONS FOR DOING INTERNATIONAL TRAVEL SERVICES WITHOUT A LICENSE?
QUESTION
Dear TLK Law Firm, I currently have questions and hope to hear from you as follows: My business has been doing international travel services since 2021, but I do not yet have a Certificate of International travel service business license. So let me ask, what are the sanctions for doing international travel services without a license? 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. 45/2019/ND-CP issued by the Government on May 21, 2019 regulating penalties for administrative violations in the field of tourism;
4. Circular No. 06/2017/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
Travel service business is one of the conditional business lines according to the provisions of law. To be granted a license to operate in this business field, businesses are required to meet quite strict conditions. At the same time, businesses must also strictly comply with the law to avoid being fined for violations of travel business regulations. So what are the sanctions for doing international travel services without a license? 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 how the sanctions for doing international travel services without a license are regulated?
Photo 1. What are the sanctions for doing international travel services without a license?_Hotline: 0972118764
I. SOME IMPORTANT LEGAL ISSUES RELATED TO PENALTIES FOR DOING INTERNATIONAL TRAVEL SERVICES WITHOUT A LICENSE
1. What is an international travel service business license?
According to the provisions of the 2017 Tourism Law, international travel business is the construction, sale and organization of travel programs for international tourists that meet the conditions.
Thus, an international travel service business license is understood as a license granted to businesses to build, sell and organize part or all of the program for international tourists. Vietnam and tourists traveling abroad. Enterprises that do not have an international travel service business license will not be able to conduct this service.
2. What are the sanctions for violating travel service business activities?
Pursuant to Decree No. 45/2019/ND-CP, there are forms of sanction for administrative violations as follows:
First: Main forms of sanctions
For each administrative violation in the field of tourism, violating individuals and organizations must be subject to one of the following main sanctions:
(1) Warning;
(2) Fine.
Second: Additional sanctions
Depending on the nature and severity of the violation, individuals and organizations committing administrative violations in the field of tourism may also be subject to one or more of the following additional sanctions:
(1) Deprivation of the right to use for a period of 01 month to 24 months: Travel service business license; tour guide card; decision to recognize the class of tourist accommodation establishment; Decision to recognize other tourism service establishments that meet tourist service standards; decision to recognize tourist destinations; decision to recognize the tourist area; tourist transport vehicle signs;
(2) Suspension of operations for a period of 01 month to 06 months;
(3) Confiscation of evidence of administrative violations: Fake travel service business license; fake tour guide card; Fake tourist transport signs.
Thus, depending on each case, the level of violation that an organization/individual commits in travel service business activities will be subject to different levels of sanctions.
3. Regulations on administrative sanctions when doing business in international travel services without a license?
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: Travel Business international. A travel service business license is a prerequisite for businesses to operate in this field.
Pursuant to Decree No. 45/2019/ND-CP, businesses will be fined from 90,000,000 VND to 100,000,000 VND for one of the following acts:
(1) Travel service business after notice of temporary suspension of operations;
(2) Providing travel services after being stripped of the right to use the travel service business license by a competent state agency;
(3) Travel service business after being suspended by a competent state agency;
(4) Operating a travel service business without a travel service business license;
(5) Using a fake travel service business license to conduct business.
Thus, businesses operating travel services without a travel service business license will be fined from 90,000,000 VND to 100,000,000 VND. In addition, businesses are forced to return illegal profits obtained from violations.
=> See more: When is it necessary to apply for an international travel service business license? How long will it take?
Photo 2. What are the sanctions for doing international travel services without a license?_Hotline: 0972118764
II. SUMMARY OF THE ANSWER SECTION: HOW ARE THE PENALTIES FOR DOING INTERNATIONAL TRAVEL SERVICES WITHOUT A LICENSE?
Dear Customers, from the above synthesis and analysis, TLK Law Firm would like to give the following answer:
- Main penalty: Fine from 90,000,000 VND to 100,000,000 VND;
- Remedial measures: Forced to return illegal profits obtained from the violation.
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.
=> See more: In what cases are foreign workers not subject to a work permit?
IV. SOME QUESTIONS RELATED TO PENALTIES FOR DOING INTERNATIONAL TRAVEL SERVICES WITHOUT A LICENSE
Question 1: What content does an international travel service business license include?
Reply:
Pursuant to Circular No. 06/2017/TT-BVHTTDL, the sample international travel service business license includes: cover page, first content page and second content page.
(1) The cover page shows the national emblem, motto and name of the international travel service business license.
(2) The first content page of the international travel service business license includes the following basic information:
- Name of competent authority;
- Name and number of license;
- Name of the enterprise and headquarters of the enterprise;
- Margin account;
- Scope of travel service business;
- Information about the legal representative.
(3) The second content page includes information on regulations on the use of international travel business licenses, revocation of licenses and State regulations on travel service business.
Thus, when applying for an international travel service business license, the enterprise will be granted a business license with the main contents analyzed above according to the provisions of law.
Question 2: What are the penalties for using a fake travel service business license to conduct business activities?
Reply:
According to Decree No. 45/2019/ND-CP, businesses will be fined from 90,000,000 VND to 100,000,000 VND for the act of "Doing travel service business activities without a travel service business license". In addition, the enterprise also confiscated evidence of violations according to the provisions of law.
Question 3: How is the maximum fine for violations in action activities determined?
Reply:
According to Decree No. 45/2019/ND-CP, the maximum fine for each administrative violation in the field of tourism for individuals is 50,000,000 VND, for organizations is 100,000,000 VND. For the same administrative violation, the fine for organizations is 2 times the fine for individuals.
=> See more: Quick service for applying for an international travel 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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