Conditions for establishing a tourism company in Vietnam

Travel service business means the formulation, sale and organization of the implementation of part or all of a tour program for tourists. This is a conditional business line, so individuals and organizations intending to establish a tour operator need to understand to establish a company. With the desire to provide customers with conditions for establishing a  tour operator, Viet An Law would like to share specifically as follows:

Legal bases

• Enterprise Law No. 59/2020/QH14;
• Decree 01/2021/ND-CP on business registration;

• Law on Tourism No. 09/2017/QH14;
• Decree 168/2017/ND-CP detailing a number of articles of the Law on Tourism;
• Circular 06/2017/TT-BVHTTDL on guidance on the Law on Tourism issued by the Minister of Culture, Sports and Tourism;
• Circular No. 13/2019/TT-BVHTTDL amending and supplementing a number of articles of Circular No. 06/2017/TT-BVHTTDL.

Conditions for provision of tourism in Vietnam include:

• Being an enterprise established in accordance with the law on enterprises;
• Deposit for provision of travel services at banks;
• The person in charge of provision of travel services must have graduated in travel; In case of good other majors, a certificate of tourism operation must be obtained.

Thus, individuals/organizations wishing to provide travel services must carry out business registration procedures and apply for a travel operation license in accordance with the expected scale and scope of business. As follows:

Establishment of a tourism company in Vietnam

Step 1: Register the company at the business registration office

Documents to prepare:

• Application for business registration;
• The company’s charter;

• List of members for limited liability companies with two or more members; list of founding shareholders and list of shareholders being foreign investors, for joint-stock companies.

• Personal certificate of the legal representative/owner/member/founding shareholder;
• Written authorization;
• Documents on proof of address: Customers should note not to register addresses at apartments and group houses in accordance with the Law on Housing. If registered at the building, the enterprise presents documents proving that the head office address of the enterprise is not an “apartment” when carrying out the procedures.
• How to do it: Submit in person or online at the National Business Registration Portal (dangkykinhdoanh.gov.vn) website

Processing agency: Business registration office of the province/city where the head office of the company is located

Processing time: Within 03 working days from the date of receipt of the application, the business registration authority will respond to the validity of the application. In case of amendment or supplementation, a written notice clearly stating the reason therefor shall be given.

Procedure results: The enterprise registration certificate has an enterprise code that is also a tax code.

Currently, business lines and the list of founding shareholders are not recorded in the Certificate of Business Registration. Customers can look up the industries registered by the company at the National Business Registration Portal (dangkykinhdoanh.gov.vn)

When customers use  the business establishment service  of Viet An Law, they only need to provide information about the company name; Address; Charter capital; Business lines; founding member. Viet An Law will advise and draft all dossiers for submission at the Business Registration Office; receive the results and hand them over to customers.

Note: After obtaining a business registration license issued by the Department of Planning and Investment of the province / city, the company shall engrave the seal, register the initial tax dossier at the tax department, carry out procedures for issuing invoices to prepare for operation.

Step 2: Apply for a Travel Business License

Conditions for provision of domestic tours

Domestic travel business: means the elaboration, sale and organization of the implementation of domestic tourism programs, the entrustment to implement tourism programs for foreign visitors that have been brought into Vietnam by international travel enterprises and need to satisfy the following conditions:

• The deposit level at the bank is VND 100,000,000 (one hundred million). After freezing the deposit, the deposited bank shall issue a Certificate of deposit for provision of tour to the enterprise according to Form No. 01 specified in the Appendix attached to Decree 168/2017/ND-CP.
• The person in charge of provision of travel services must have graduated from an intermediate level or higher majoring in travel; In case of graduating from intermediate level or higher in another major, a certificate of domestic tourism operation must be obtained.

Conditions for provision of international tours

With international travel business serving international tourists to Vietnam and outbound tourists. International travel service enterprises may provide international and domestic tours.

• The deposit for provision of international tours at the bank is as follows:
  • Provision of travel services for international tourists to Vietnam: VND 250,000,000;
  • Provision of travel services for outbound tourists: VND 500,000,000;
  • Provision of travel services for international tourists to Vietnam and outbound tourists: VND 500,000,000.
• The person in charge of provision of travel services must have graduated from a college or higher majoring in travel; In case of graduating from a college or higher in another major, a certificate of international tourism operation must be obtained.

Note: The major in travel is shown on a diploma of one of the following disciplines, professions and majors:

• Management of tourism and travel services;
• Travel Management;
• Tour operators;
• Tourism marketing;
• Travel;
• Travel tourism;
• Tourism management and business;
• MICE Tourism Management;
• Travel agent;
• Travel guide;
• Industries, professions and majors may show one of the phrases “tourism”, “travel”, “tour guiding” trained by educational institutions in Vietnam.
• Industries, trades and majors may show one of the phrases “tourism”, “travel”, “tour guiding” trained and granted diplomas by foreign training institutions.

In case the diploma does not show the specified majors, trades or majors, the graduation transcript or diploma appendix showing the major, profession or specialty shall be supplemented, including one of the phrases “tourism”, “travel”, “tour guiding”.

A dossier of license application includes:

• An application for a license for provision of tours;
• A certified copy of the enterprise registration certificate or investment registration certificate issued by a competent state agency;
• Certificate of deposit for provision of tours;
• A certified copy of the diploma or certificate of the person in charge of provision of travel services;
• Decision on appointment or labor contract between the enterprise and the person in charge of provision of tours.

Agencies granting travel business licenses

• Provincial/municipal tourism departments license with domestic travel business license;
• The General Department of Tourism licenses international travel business licenses.

Consulting services on establishment of tour operators of  Viet An Law Firm

• Advising on conditions, drafting dossiers for registration for business registration licenses, engraving seals and procedures after company establishment
• Advising on conditions and dossiers for registration of domestic travel business licenses and international travel business licenses;
• Carrying out procedures for obtaining permits at competent state agencies on behalf of enterprises
• Discussing and providing information to customers during the licensing process;
• Advising on documents and reports in the course of travel business activities of enterprises.