Enterprises providing travel services have the right to request a solution 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.

In what cases is a travel service business entitled to request a temporary release of deposits?

Deposits of travel service businesses are specified in Clause 1, Article 16 of Decree 168/2017/ND-CP as follows:

Related service · P1

M&A, Equity Transfer and Project Transfer

If you are preparing an equity transfer, M&A transaction, project transfer or restructuring, ANT Legal can help review legal risks and transaction structure.

View service Message on Zalo Send consultation request

Website information is for general reference only and does not replace legal advice for a specific matter.

Management and use of deposits
1. In case a tourist dies, has an accident, mishap, or has his or her life harmed and needs to be brought back to his/her place of residence or for emergency treatment and the business is not able to arrange funds to handle the matter promptly, the business sends a request for temporary release of the deposit to the travel service licensing agency. Within 48 hours from the time of receiving the enterprise’s request, the travel service licensing agency shall consider and request the bank to allow the enterprise to deduct a deposit account for use or refuse.
…

Thus, according to regulations, travel service businesses can request temporary release of deposits in cases where tourists die, have accidents, mishaps, or have their lives harmed and need to be brought back to their place of residence or for emergency treatment and the business is unable to arrange funds to promptly resolve the issue.

How long does a travel service business have to replenish the used deposit amount?

The time limit for replenishing the used deposit amount is specified in Clause 2, Article 16 of Decree 168/2017/ND-CP as follows:

Management and use of deposits
…
2. Within 30 days from the date the money is withdrawn from the deposit account, the travel service business is responsible for supplementing the used deposit amount to ensure the deposit level as prescribed in Article 14 of this Decree. In case the enterprise does not comply, the bank sends a written notice to the licensing agency to take measures according to the provisions of law.
3. Enterprises send a written request for deposit refund to the bank in the following cases:
a) There is a written notice from the agency issuing the travel service business license that the enterprise is not granted a travel service business license or changing the bank receiving the deposit;
b) There is a document from the travel service business licensing agency regarding the refund of the deposit after revoking the travel service business license.

Thus, according to regulations, travel service businesses must replenish the used deposit amount within 30 days from the date the money is withdrawn from the deposit account.

How much is the penalty for a travel service business that fails to replenish the used deposit amount?

Pursuant to the provisions of Point b, Clause 11, Article 7 of Decree 45/2019/ND-CP as follows:

Violation of regulations on travel service business
…
11. Fine from 60,000,000 VND to 70,000,000 VND for one of the following acts:
a) Failure to comply with regulations on deposits for travel service business;
b) Failure to replenish the used deposit amount according to regulations;
c) Using a person in charge Travel service business does not meet the prescribed conditions.
12. Fine from 70,000,000 VND to 80,000,000 VND for one of the following acts:
a) Failure to carry out procedures to change the travel service business license as prescribed;
b) Operating a travel service business not within the scope of travel service business stated in the travel service business license action.
13. Fine from 80,000,000 VND to 90,000,000 VND for one of the following acts:
a) Allowing other organizations or individuals to use the travel service business license of the enterprise to conduct business;
b) Using the travel service business license of another enterprise to do business with the enterprise having travel service business license;
…

At the same time, based on Clause 2, Article 5 of Decree 45/2019/ND-CP stipulates:

Fine levels and authority to impose fines in the tourism sector
…
2. The fines specified in Articles 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of this Decree apply to individuals. The fines specified in Article 7 of this Decree apply to organizations.
3. For the same administrative violation, the fine for organizations is 2 times the fine for individuals.
…

Thus, according to regulations, in case a travel service business does not fully replenish the used deposit amount, it may be subject to an administrative fine of from 60,000,000 VND to 70,000,000 VND.

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.

Discuss this matter with ANT Legal M&A, Equity Transfer and Project Transfer

Call hotline 0966.475.966 Email us M&A and equity transfer advisory

Business & M&A, Legal Knowledge

Travel service enterprises have the right to request temporary release of deposits in case of What?