| THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No.149/2007/ND-CP | Hanoi, October 09, 2007 |
DECREE
ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF TOURISM
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Tourism dated June 14, 2005;
Pursuant to the Ordinance on the Handling of Administrative Violations dated July 2, 2002;
At the proposal of the Minister of Culture, Sports and Tourism,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree provides for acts of administrative violation, sanctioning forms and levels, sanctioning competence, sanctioning procedures and remedies in the domain of tourism.
2. Administrative violations in the domain of tourism are acts unintentionally or intentionally committed by individuals or organizations violating the provisions of law on state management in the domain of tourism but not yet constituting crimes and, according to the provisions of the Ordinance on the Handling of Administrative Violations, subject to administrative sanction.
3. Acts of administrative violation in the domain of tourism prescribed in this Decree include:
a) Acts of violating regulations on travel business, tourist guiding and tourist transportation business;
b) Acts of violating regulations on tourist accommodation business;
c) Acts of violating regulations on tourism promotion;
d) Acts of violating regulations on other tourism activities;
4. Other acts of administrative violation in the domain of tourism not governed in this Decree shall be sanctioned under the provisions of other government decrees on sanctioning of administrative violations in relevant state management domains.
Article 2. Subjects of application
1. Vietnamese and foreign organizations and individuals (collectively referred to as individuals and organizations) that commit acts of administrative violation in the domain of tourism in the Vietnamese territory.
2. Minors who commit acts of administrative violation in the domain of tourism shall be sanctioned under Article 7 of the Ordinance on the Handling of Administrative Violations.
3. Cadres and public employees committing acts specified in Chapter II of this Decree while on duty are not subject to administrative sanction but shall be handled in accordance with the law on cadres and public employees.
Article 3. Principles for sanctioning
1. All acts of administrative violation in the domain of tourism must be promptly detected and immediately stopped. Sanctioning must be carried out in a quick, just and thorough manner and in accordance with law; all consequences caused by acts of administrative violation must be remedied in accordance with law.
2. Individuals and organizations may be administratively sanctioned only when they commit acts of administrative violation prescribed by law.
3. The sanctioning of administrative violations in the domain of tourism must be carried out in accordance with law by competent persons defined in Chapter III of this Decree.
4. One act of administrative violation in the domain of tourism shall be sanctioned only once. A person or an organization that commits many acts of administrative violation shall be sanctioned for each of these acts. If several persons or organizations jointly commit one act of administrative violation, each shall be sanctioned.
5. The sanctioning of administrative violation in the domain of tourism must be based on their name nature and severity, personal history of violations as well as extenuating or aggravating circumstances so as to decide on principal sanctioning forms additional sanctioning forms and appropriate remedies. Extenuating and aggravating circumstances are prescribed in Articles 8 and 9 of the Ordinance on the Handling of Administrative Violations.
6. Administrative violations committed in cases of emergency, legitimate self-defense, unexpected events or those committed by persons who suffer from mental diseases or other illnesses which render them incapable of being aware of or controlling their acts, are not sanctioned.
Article 4. Statute of limitations for sanctioning
1. The statute of limitations for sanctioning administrative violations is one year counting from the date acts of administrative violation are committed. Past this period, violators are not administratively sanctioned but are still forced to take remedies specified in Clause 3, Article 6, of this Decree.
2. For individuals against whom criminal cases had been instituted, who had been prosecuted or against whom decisions to bring their criminal cases for trial had been issued, if decisions on terminating investigation or the criminal cases were later issued but their acts of violation show signs of administrative violation, these individuals shall be administratively sanctioned. In this case, the statute of limitations for sanctioning administrative violations is three months, counting from the date persons with sanctioning competence receive termination decisions and dossiers of the cases of violation.
3. Within the period stated in Clause 1 or Clause 2 of this Article, if individuals or organizations commit new acts of administrative violation in the same domain in which they previously committed the violations or they intentionally shirk or obstruct sanctioning, they intentionally shirk or obstruct sanctioning, they are not entitled to the application of the statute of limitations stated in Clause 1 or Clause 2 of this Article, the statute of limitations for sanctioning administrative violations shall be recounted from the time the new acts of administrative violation are committed or the time the acts of shirking or obstructing sanctioning are stopped.
4. Past one year counting from the date an individual or organization that has been sanctioned for an administrative violation in the domain of tourism completely serves the sanctioning decision or from the date of expiration of the statute of limitation for enforcing sanctioning decisions, if he/she/it does not relapse into violation, he/she/it shall be considered not having been sanctioned for administrative violations in the domain of tourism.
