Establishing a domestic travel service company requires things is legal content that readers often need to check carefully before implementing it in practice. This article has been systematized by ANT Legal in an easy-to-understand way, helping individuals and businesses understand the main issues, common risks and appropriate solutions.
What is travel service business?
Clause 9, Article 3 of the 2017 Law on Tourism stipulates as follows:
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“Travel service business is the construction, sell and organize part or all of the tour program for tourists.”
What is domestic travel service business?
Currently, the 2017 Tourism Law does not have a definition of domestic travel service business. However, in Clause 2, Article 10 of the 2017 Law on Tourism, regulations on domestic tourists are as follows:
“Domestic tourists are Vietnamese citizens, foreigners residing in Vietnam traveling within the territory of Vietnam.”
From there, we can understand that domestic travel service business is the construction, sale and implementation of part or all of the tour program for Vietnamese citizens and foreigners residing in Vietnam to travel within the Vietnamese territory.
What conditions are required for domestic travel service business?
Clause 1, Article 31 of the Law on Tourism 2017 regulates the conditions for domestic travel service business as follows:
– Is an enterprise established in accordance with the law on enterprises;
– Deposit money for domestic travel services business at the bank;
– The person in charge of travel service business must have graduated from intermediate school or higher with a major in travel; In case of graduating from intermediate school or higher in another major, a certificate of domestic tourism operations must be obtained (This point is guided by Clause 2, Article 3, Circular 06/2017/TT-BVHTTDL).
In addition, the current deposit level for domestic travel service business is 20 million VND, a decrease of 80 million VND compared to before (Clause 1, Article 14 of Decree 168/2017/ND-CP amended and supplemented by Article 1 of Decree 94/2021/ND-CP).
Can I open a domestic travel service company after graduating with a degree in tour guiding?
The person in charge of travel services business as specified in Clause 1, Article 3 of Circular 06/2017/TT-BVHTTDL is the person holding one of the following positions: chairman of the board of directors; Chairman of the Board of Members; company president; private business owners; general director; director or deputy director; Head of travel services business.
And in Clause 2, Article 3, Circular 06/2017/TT-BVHTTDL, amended and supplemented by Clause 1, Article 1, Circular 13/2019/TT-BVHTTDL, specialized regulations on travel include:
“a) Tourism and travel service management;
b) Travel management;
c) Tour operator;
d) Tourism marketing;
d) Tourism;
e) Travel and tourism;
g) Tourism management and business;
h) MICE tourism management;
i) Travel agency;
k) Travel guide;
l) Industry, profession, or major containing one of the phrases “tourism”, “travel”, “tour guide” trained and awarded diplomas by educational institutions in Vietnam before the effective date of this Circular;
m) Industry, profession, or specialty that represents one of the phrases “tourism”, “travel”, “tour guide” trained and awarded diplomas by foreign training establishments.
In case the diploma does not show the majors, occupations, or majors specified in Points l and m of this Clause, a graduation transcript or diploma appendix showing the majors, occupations, and majors must be added, including one of the phrases “travel”, “travel”, “travel guide”.”
Therefore, you who graduated from university with a major in tourism guidance are fully qualified to contribute capital to open a domestic travel service company if you hold the positions prescribed in Clause 1, Article 3 of Circular 06/2017/TT-BVHTTDL.
What are the procedures for granting a domestic travel service business license?
According to the provisions of Clause 1, Article 32 of the 2017 Law on Tourism, domestic travel service business records include:
Application for issuance of a domestic travel service business license according to the form prescribed by the Minister of Culture, Sports and Tourism (Form No. 04 Appendix 2 issued with Circular 06/2017/TT-BVHTTDL)
Certified copy of Business Registration Certificate;
Certificate of deposit for travel service business;
A certified copy of the appointment decision or labor contract between the travel service business and the person in charge of the travel service business;
Certified copies of diplomas and certificates of the person in charge of the travel service business specified in Point c, Clause 1, Article 31 of this Law.
Procedures
Step 1: The enterprise applying for a domestic travel service business license submits 01 set of documents to the Department of Culture, Sports and Tourism where the enterprise is headquartered;
Step 2: Within 10 days from the date of receiving the valid dossier, the provincial tourism agency will evaluate and issue a domestic travel service business license to the enterprise; In case of refusal, it must be notified in writing and clearly state the reason.
The fee for granting a new domestic travel service business license is specified in Clause 1, Article 4 of Circular 33/2018/TT-BTC is 3 million VND. However, currently the tourism industry is heavily affected by the Covid epidemic, so from January 1, 2022 to June 30, 2022, the domestic travel service business license fee will be reduced by 50%, leaving only 1.5 million. VND (Article 1 of Circular 120/2021/TT-BTC).
After this date, the license fee will return to the regulations in Circular 33.
Note on Applying Current Legal Regulations
This article belongs to the Business & M&A group and is presented for reference purposes, helping readers understand the legal issue at an overview level before preparing a dossier or carrying out a transaction.
Legal regulations may vary depending on the timing, locality, type of dossier and specific circumstances. If you need to determine the exact legal basis applicable to your case, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.
Common Legal Risks to Note
- Applying legal instruments that have been amended, supplemented or replaced.
- Preparing an incomplete set of documents, materials or necessary evidence.
- Misunderstanding the conditions, procedure, timeline or competent authority.
- Signing, submitting a dossier or carrying out a transaction before fully assessing legal risks.
How Can ANT Legal Support You?
ANT Legal can review the specific circumstances, examine the dossier, identify the applicable legal basis, advise on an appropriate handling plan and represent clients in working with individuals, organizations or competent authorities where necessary.
For prompt advice, you may contact a lawyer at 0966.475.966.
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