Rating a tourist accommodation establishment in Vietnam

The Vietnamese tourist accommodation establishment is rapidly developing with tourisn industry, leading to a rising demand for improved quality of tourism accommodation services. The recognition of rating a tourist accommodation establishment in Vietnam plays a crucial role in classifying and evaluating service quality, contributing to enhancing the competitiveness of Vietnamese tourism in the international market. This article will summarize the regulations on the procedures for rating a tourist accommodation establishment in Vietnam in accordance with current Vietnamese laws, contributing to updating the latest information for organizations and individuals engaged in tourism accommodation services.

The classification of tourist accommodation establishment

According to Article 48 of the Law on Tourism 2017 and Article 21 of Decree 168/2017/ NĐ-Cp, the categories of tourist accommodation establishments in Vietnam as follows:

When must the tourist accommodation establishment be rated?

Article 50(1) of the Law on Tourism 2017 stipulates that the owner of a tourist accommodation establishment may voluntarily apply for the rating of the establishment by a competent authority. This means that the procedure for recognizing the rating of tourist accommodation establishments is not mandatory for all such establishments. The recognition of rating is merely encouraged and does not affect the business operations of a tourist accommodation establishment if it is not recognized.

However, classification offers numerous benefits for both tourist accommodation establishments and the tourism industry as a whole.

• Enhances their reputation and credibility by demonstrating their commitment to quality standards;
• Increases their visibility and attractiveness to potential guests, particularly those seeking specific levels of service and amenities;
• Improves their competitiveness in the market by allowing them to differentiate themselves from competitors;
• Facilitates pricing strategies based on the established star rating.

While the recognition of rating for tourist accommodation establishment is not mandatory under Vietnamese law, it is strongly encouraged for establishments that aspire to elevate their service quality and attract more guests.

Scope of application for tourist accommodation establishment rating

According to national standards for rating tourist accommodation establishment, the following types of facilities are eligible for rating:

• Hotel
• Tourist villa
• Tourist apartment
• Cruise ship.

Overview of the procedure for tourist accommodation establishment rating in Vietnam

The power to rate tourist accommodation establishments

• Hotel Department – Vietnam National Administration of Tourism has the power to assign 04-star and 05-star ratings;
• The tourism authority of the province (Department of Culture, Sports and Tourism in Cities/Provinces) shall assign 01-star, 02-star, and 04-star ratings.

Methods of Application Submission

• Submit directly;
• Send through postal services;
• Online through the Ministry of Culture, Sports and Tourism’s Public Service Portal.

State fees

According to Article 4 of the Circular 34/2018/TT-BTC of Ministry of Finance:

• 01-star and 02-star: 1.500.000 VND/application;
• 03-star: 2.000.000 VND/application;
• 04-star and 05-star: 3.500.000 VND/application.

The payment method of state fees

• Direct application submission case: the fee shall be paid directly to the competent authority, such as the Vietnam National Administration of Tourism or the Department of Culture, Sports and Tourism at the local level.
• Online application case: Some competent authorities have an online fee payment system on the official websites of the Vietnam National Administration of Tourism or the Department of Culture, Sports, and Tourism.

The processing time

• 30 days from the day on which a valid application is received (for applications submitted to the Vietnam National Administration of Tourism);
• Depends on the Administrative Decision of each province (for applications submitted to the provincial Department of Culture, Sports and Tourism).

Examples: Binh Thuan Province stipulates a processing time of 20 days from the day on which a valid application is received.

Ninh Thuan Province stipulates a processing time of 2 months from the day on which a valid application is received.

Procedure results

According to the Article 50(5) of the Law on Tourism 2017

• Case 1: Valid application

Within 30 days from the day on which a valid application is received, the competent authority shall take charge and cooperate with the socio-professional organization for tourism in rating the tourist accommodation establishment (for applications submitted to the Vietnam National Administration of Tourism ).

Depends on the Administrative Decision by each province (for applications submitted to the provincial Department of Culture, Sports and Tourism).

• Case 2: Invalid Application

Within 03 working days from the day on which that application is received, the competent authority must issue a written notice and state the contents that need revising.

The tourist accommodation establishments have the right to rectify and supplement the application within 15 working days from the date of receiving notice from the competent authority in charge of assessing the application.

Instructions for star classification of tourist accommodation establishment

According to Section 3 Chapter V Decree No.168/2017/NĐ-CP, Article 48 of the Law on Tourism 2017 and TCVN 4391:2015, the classification and ranking of tourist accommodation establishment is based on the following criteria:

Application for the procedures for rating a tourist accommodation establishment in Vietnam

According to Article 50(4) of the Law on Tourism 2017, an application for rating of a tourist accommodation establishment includes:

The procedure for rating a tourist accommodation establishment in Vietnam

Some related questions

Who is eligible to apply for a tourist accommodation establishment rating?

• Individuals: Vietnamese citizens with full civil legal capacity and permanent residence at the location of the tourist accommodation service business.
• Organizations: Enterprises legally established under Vietnamese law and having their head office or branch at the location of the tourist accommodation service business.

What conditions does a tourist accommodation service business need to meet?

According to Article 49(1) of the Law on Tourism 2017, the conditions for tourist accommodation service business:

• Have registered business under regulations of law;
• Meet the conditions for security and order, fire prevention and fighting, environmental protection, and food safety;
• Meet the minimum conditions for infrastructure and services provided for tourists.

How long is the decision to recognize the tourist accommodation establishment valid?

According to Article 50(6) of the Law on Tourism 2017, a decision on a tourist accommodation establishment rating is valid for 05 years. After the expiry of the decision, the owner of the tourist accommodation establishment that wishes to reapply for the rating of their tourist establishment must follow the procedures for the application, process as specified in the Law on Tourism 2017.

In case a tourist accommodation establishment makes changes to its physical facilities, or services, or violates the regulations on business of tourist accommodation service, the competent authority may consider revoking the decision on recognition of rating a tourist accommodation establishment in Vietnam before the expiration date.

Does the tourist accommodation establishment have an obligation to notify before operating?

According to Article 29 of Decree 168/2017/NĐ-CP, a tourist accommodation establishment must notify the Department of Culture, Sports, and Tourism in the locality where the establishment is located at least 15 days before commencing operations. The notification must include the following information:

• The name, type, and scale of tourist accommodation establishment;
• The address of the tourist accommodation establishment and information about the legal representative;
• A declaration that the establishment meets the conditions for operating tourist accommodation services.

Tourist accommodation establishments that fail to provide the required pre-operational notification to the relevant authorities, as stipulated in Article 10(1) of Decree 45/2019/NĐ-CP, as amended and supplemented by Decree 129/2021/NĐ-CP, non-compliance with the notification requirement carries a fine ranging from VND 500,000 to VND 1,000,000. It is important to note that the aforementioned fine applies solely to individuals. For organizations engaging in the same non-compliant behavior, the penalty is doubled, as stipulated in Article 5(2) of Decree 45/2019/NĐ-CP.

If you require assistance for registering the procedure for rating a tourist accommodation establishment, Viet An Law Film is readily available to provide prompt and comprehensive support!