Setting up a company in Vietnam

Procedures for Establishing a Travel and Tourism Company in Vietnam

Travel and tourism services are currently a popular business sector for investors in Vietnam. To operate legally, investors need to register a business and obtain a license for domestic or international travel services before commencing business activities.

I. What is the Travel Business?

According to Clause 9, Article 3 of the Law on Tourism No. 09/2017/QH14 dated June 19, 2017 ("LOT"), the travel business involves the creation, sale, and organization of part or all of a tour program for tourists.

A tour program is a document outlining the itinerary, services, and predetermined selling price for a tourist's journey from the point of departure to the end of the trip.

The scope of the travel business includes:

1. Domestic travel business serving domestic tourists.

2. International travel business serving international tourists to Vietnam and tourists traveling abroad.

3. International travel businesses are allowed to conduct both international and domestic travel business, except as provided in Clause 4 of this Article.

4. Foreign-invested enterprises are only allowed to conduct international travel business serving international tourists to Vietnam unless otherwise stipulated in international treaties to which the Socialist Republic of Vietnam is a member.

II. Conditions for Conducting Travel Business

1. Conditions for conducting domestic travel business include:

a) Being an enterprise established in accordance with the Law on Enterprises; b) Depositing a security deposit for domestic travel business at a bank; c) The person in charge of the travel business must have at least an intermediate-level diploma in tourism; those with an intermediate-level diploma or higher in another field must have a certificate of domestic tourism operation.

2. Conditions for conducting international travel business include:

a) Being an enterprise established in accordance with the Law on Enterprises; b) Depositing a security deposit for international travel business at a bank; c) The person in charge of the travel business must have at least a college-level diploma in tourism; those with a college-level diploma or higher in another field must have a certificate of international tourism operation.

3. Enterprises meeting the conditions specified in Clause 1 shall be granted a Domestic Travel Business License; those meeting the conditions specified in Clause 2 shall be granted an International Travel Business License.

Fees for appraisal and issuance of International Travel Business Licenses and Domestic Travel Business Licenses are implemented in accordance with the law on fees and charges.

III. Application, Procedures, and Authority for Issuing Domestic Travel Business Licenses

1. The application for a Domestic Travel Business License includes:

a) An application form for a Domestic Travel Business License, using the form prescribed by the Minister of Culture, Sports and Tourism; b) A certified copy of the Enterprise Registration Certificate; c) A certificate of deposit for travel business; d) A certified copy of the appointment decision or labor contract between the travel business enterprise and the person in charge of the travel business; đ) A certified copy of the diploma or certificate of the person in charge of the travel business as prescribed.

2. The procedures and authority for issuing Domestic Travel Business Licenses are as follows:

a) Enterprises applying for a Domestic Travel Business License shall submit 01 sets of documents to the provincial Department of Tourism where the enterprise is headquartered; b) Within 10 days from the date of receiving a valid application, the provincial Department of Tourism shall appraise and issue a Domestic Travel Business License to the enterprise; in case of refusal, the department must notify the enterprise in writing, stating the reasons.

IV. Application, Procedures, and Authority for Issuing International Travel Business Licenses

1. The application for an International Travel Business License includes:

a) An application form for an International Travel Business License, using the form prescribed by the Minister of Culture, Sports and Tourism; b) A certified copy of the Enterprise Registration Certificate or Investment Registration Certificate issued by a competent state agency; c) A certificate of deposit for travel business; d) A certified copy of the diploma or certificate of the person in charge of the travel business as prescribed; đ) A certified copy of the appointment decision or labor contract between the travel business enterprise and the person in charge of the travel business.

2. The procedures and authority for issuing International Travel Business Licenses are as follows:

a) Enterprises applying for an International Travel Business License shall submit 01 set of documents to the Vietnam National Administration of Tourism; b) Within 10 days from the date of receiving a valid application, the Vietnam National Administration of Tourism shall appraise and issue an International Travel Business License to the enterprise and notify the provincial Department of Tourism where the enterprise is headquartered; in case of refusal, the administration must notify the enterprise in writing, stating the reasons.

 

The information contained in this article is general and intended only to provide information on legal regulations. DB Legal will not be responsible for any use or application of this information for any business purpose. For in-depth advice on specific cases, please contact us.

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