In the context of the tourism industry increasingly developing and integrating deeply with the international market, organizing tours abroad or welcoming international tourists to Vietnam is becoming a potential and attractive business field. However, to operate legally in this field, enterprises must be granted an international travel business license. Recently, the Ministry of Culture, Sports and Tourism issued Circular 04/2024/TT-BVHTTDL, which includes several new regulations related to international travel licenses. Thus, when applying for an international travel business license in Vietnam, what regulations should be noted? Below, Viet An Law will provide specific advice to customers when applying for this license.
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Conditions for international travel businesses
Conditions of License
After being granted an Enterprise Registration Certificate, an enterprise wishing to conduct international travel business activities must carry out procedures according to regulations. Only when the Vietnam National Administration of Tourism grants a License can an enterprise legally conduct international travel business activities.
This license is only granted to enterprises established under current laws and registered to do business in the following industries: Tour operation: International travel business.
Conditions on business lines when carrying out procedures for International Travel Business License
Enterprises carrying out procedures for granting a License in the Enterprise Registration Certificate (or business registration data on the National Business Registration Information Portal must have the following business lines):
Industry code 7912: Tour operation: Domestic and international travel business.
In case the enterprise does not have industry code 7912 in the Enterprise Registration Certificate, it is necessary to add this industry to carry out the procedure for granting this License.
Application for an international travel business license in Vietnam
According to Clause 1, Article 33 of the Law on Tourism 2017, the application for an international travel service business license includes:
An application form for issuance of the license for provision of international tours (according to Form No. 01 Appendix II issued with Circular No. 04/2024/TT-BVHTTDL dated June 26, 2024);
A certified true copy of the Enterprise registration certificate or Investment registration certificate issued by a competent authority;
Certificate of deposit for international travel service business;
Certified copy of college degree or higher in tourism of the person in charge of tourism business; or certified copy of college degree or higher in other majors and certified copy of international tourism operation certificate. Diplomas issued by foreign training institutions must be recognized according to regulations of the Ministry of Education and Training, Ministry of Labor – Invalids and Social Affairs;
Certified copy of appointment decision or labor contract between the travel service business enterprise and the person in charge of travel service business.
Scope of the international travel business
A company with Vietnamese capital, when granted a License, is allowed to:
International travel business serving international tourists coming to Vietnam and tourists going abroad.
International travel businesses are allowed to do international travel service business and domestic travel business.
Regarding the scope of tourism business activities according to each license:
When an enterprise is allowed to operate only domestic travel business, it is not allowed to operate international travel business under any circumstances.
FDI enterprises are only allowed to provide international travel services to serve international tourists coming to Vietnam, except in cases where international treaties to which the Socialist Republic of Vietnam is a member provide otherwise.
Conditions for international travel service business
Pursuant to Clause 2, Article 31 of the Law on Tourism 2017, an international travel service provider must satisfy the following conditions:
Legal status
The entity doing business in international travel services must be an enterprise established under the provisions of the law on enterprises.
Deposit
Deposit for international travel services at the bank. Pursuant to Clause 2, Article 14 of Decree 168/2017/ND-CP, travel service enterprises must deposit in VND with the following deposit level for international travel services:
For international tourists coming to Vietnam (Inbound): 250,000,000 VND;
For tourists going abroad (Outbound): 500,000,000 VND;
For international tourists coming to Vietnam and tourists going abroad (Inbound and Outbound): 500,000,000 VND.
Qualifications and diplomas of the person in charge of travel service business
The person in charge of travel service business must have a college degree or higher in travel; in case of a college degree or higher in another major, a certificate in international travel operations is required.
Specifically, according to Clause 2, Article 3 of Circular 06/2017/TT-BVHTTDL, amended by Clause 1, Article 1 of Circular 13/2019/TT-BVHTTDL, the tourism major is specified on the graduation certificate of one of the following majors, occupations, and majors:
Travel and tourism services management;
Travel management;
Tour operation;
Tourism marketing;
Travel;
Tourism management and business;
MICE tourism management;
Travel agency;
Tour guiding;
Business lines, professions, and majors that include one of the phrases “tourism”, “travel”, or “tour guide” and are trained and granted graduation certificates by educational institutions in Vietnam before this Circular takes effect;
Business lines, professions, and majors that include one of the phrases “tourism”, “travel”, “tour guide” are trained by foreign training institutions and grant graduation certificates.
In addition, according to the new regulation in Clause 1, Article 1 of Circular 04/2024/TT-BVHTTDL, diplomas issued by foreign training institutions must be recognized according to the provisions of law on education, higher education and vocational education.
Note on foreign language proficiency standards for international tour guides
International tour guides must be proficient in a foreign language to register for practice according to Point c, Clause 2, Article 59 of the Law on Tourism 2017. Specifically, according to the new regulations in Clause 2, Article 1 of Circular 04/2024/TT-BVHTTDL (amending and supplementing Article 13 of Circular 06/2017/TT-BVHTTDL), a person who is proficient in a foreign language is a person who meets one of the following criteria:
Have a college degree or higher in language or foreign language, foreign language interpretation, or foreign language pedagogy;
Have a college degree or higher from a training program in a foreign language or foreign language. In case the diploma or diploma supplement does not show the training language, additional documents proving the language used for training must be provided;
Have a college degree or higher from a foreign country with a training program in the official language of the host country. In case of training in a language other than the official language of the host country, the diploma or diploma supplement does not show the training language, it is necessary to provide additional documents proving the language used for training;
Have one of the following valid foreign language certificates issued by a competent organization or agency:
Foreign language certificate from level 4 or higher according to the 6-level foreign language proficiency framework for Vietnam;
Foreign language proficiency certificate equivalent to level 4 or higher according to the 6-level foreign language proficiency framework for Vietnam or equivalent to level B2 or higher according to the Common European Framework of Reference.
Thus, international tour guides must have a foreign language certificate of level 4 or higher according to the 6-level foreign language proficiency framework for Vietnam.
Some notes on deposits when doing international travel business
Deposit payment and issuance of the Deposit certificate
When an enterprise requests to deposit money into a bank account, the deposit-receiving bank and the enterprise enter into a deposit contract. Based on the deposit contract, the deposit-receiving bank freezes the business’s deposit money that has been deposited at the bank.
The deposit contract has the following main contents: Name, address, representative of the enterprise; name, address, representative of the bank; reason for deposit; deposit amount; deposit interest rate; payment of deposit interest; use of deposit; withdrawal of deposit; refund of deposit; responsibilities of related parties and other agreements under the provisions of law and not contrary to the provisions of law.
After blocking the deposit amount, the deposit receiving bank shall issue a Certificate of deposit for travel service business to the enterprise according to Form No. 01 specified in the Appendix attached to this Decree.
Management and use of deposit money
In case a tourist dies, has an accident, is at risk, or has his/her life violated and needs to be brought back to his/her residence or receive emergency treatment, and the enterprise is unable to arrange funds to promptly resolve the issue, the business shall submit a request for temporary release of the deposit to the agency that issues the travel service business license. Within 48 hours from the time of receiving the request from the enterprise, the agency that issues the travel service business license shall consider and request the bank to allow the enterprise to withdraw the deposit account for use or refuse.
Within 30 days from the date the money is withdrawn from the deposit account, the travel business enterprise is responsible for supplementing the used deposit amount to ensure the deposit level as prescribed in Article 14 of Decree 94/2021. In case the enterprise fails to comply, the bank shall send a written notice to the licensing authority for handling measures under the provisions of law.
Enterprises send a written request for deposit refund to the bank in the following cases:
There is a written notice from the agency that grants the travel business license that the enterprise is not granted a travel business license or changes the bank that receives the deposit;
There is a document from the agency that issues the travel business license regarding the refund of the deposit after the travel business license is revoked.
Deposit interest rate agreement with the bank
Currently, banks that accept deposits from international travel businesses often apply an annual interest rate agreement to this deposit of the enterprise. Banks with relatively professional international travel business deposit services are Vietnam Foreign Trade Bank (Vietcombank); Asia Commercial Joint Stock Bank (ACB), An Binh Bank, etc.
Procedures for granting an International travel business license in Vietnam
Pursuant to Clause 2, Article 33 of the Law on Tourism, the procedure for granting an international travel business license is as follows:
Step 1: Prepare licensing dossiers
Enterprises prepare 02 sets of dossiers (of which 01 set is kept at the enterprise) according to the above instructions with corresponding conditions.
Step 2: Apply for a license to the Vietnam National Authority of Tourism
Enterprises submit 01 set of dossiers to the Vietnam National Authority of Tourism (former General Department of Tourism).
Step 3: The General Department of Tourism issues license
Within 10 days from the date of receipt of valid documents, the Vietnam National Authority of Tourism:
Appraise and grant the International travel business license to enterprises;
Notify the provincial tourism authority where the enterprise is headquartered;
In case of refusal, a written notice must be given stating the reason.
Revocation of International Travel Business License
Enterprises will have their travel business licenses revoked in the following cases pursuant to Clause 1, Article 36 of the Law on Tourism 2017:
Shut down its travel services or go bankrupt;
Fail to satisfy any of the conditions for provision of tour;
Do not change the travel business license in case of changing the Enterprise Registration Certificate or Investment Registration Certificate; changing the scope of international travel service business
Cause harm to national sovereignty and interests, national defense and security;
Abuse tourism activities to illegally take people abroad or into Vietnam;
Allow another organization or individual to use its license for provision of tour to do business;
Fail to fulfill all obligations: Apply measures to ensure the safety of life, health and property of tourists; promptly notify competent state agencies of accidents and risks which cause serious harm to the tourists’ lives, health and property;
Forge the application for issuance, replacement and reissuance of the license for provision of tour.
Consulting service for granting International Travel business License in Vietnam of Viet An Law
Consulting on conditions for registration for a license
Consulting on preparing documents and information to complete the application for a license;
Drafting documents and business plans to apply for a license;
Representing the enterprise in carrying out procedures for applying for a license;
Exchanging and providing information to customers during the process of granting a license;
Receiving and returning the license to the customer;
Consulting on changing the license;
Consulting on re-registering the scope of business of the license;
Establishing branches and representative offices of Vietnamese tourism enterprises abroad
Establishing branches and representative offices of foreign tourism enterprises in Vietnam;
Consulting on legal procedures after being granted a license;
Consulting on legal issues arising concerning the international travel business activities of the enterprise.
Above is the advice of Viet An Law on the International Travel Business License in Vietnam. If you have any related questions or need legal support, please contact Viet An Law for the best support.
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