Can a foreign-invested company do travel service business is legal content that readers often need to check carefully before implementing it in practice. This article has been re-systematized by ANT Legal in an easy-to-understand way, helping individuals and businesses understand the main issues, common risks and appropriate solutions.
Can companies with foreign shares do international travel business?
Pursuant to Article 30 of the Law on Tourism 2017, which stipulates the scope of travel service business as follows: following:
– Domestic travel service business to serve domestic tourists.
– International travel service business serving international tourists coming to Vietnam and tourists going abroad.
– Enterprises providing international travel services are allowed to conduct international travel services and domestic travel services, except for the cases specified in Clause 4 of this Article.
– Foreign-invested enterprises are only allowed to conduct international travel services to serve international tourists coming to Vietnam, unless an international treaty to which the Socialist Republic of Vietnam is a member has other provisions.
Thus, joint stock companies with foreign investment capital are only allowed to conduct international travel services to serve international tourists coming to Vietnam (unless an international treaty to which Vietnam is a member has other provisions).
What are the conditions for doing business in travel services for foreign-invested companies?
Pursuant to Article 31 of the 2017 Law on Tourism, regulations on travel service business conditions are as follows:
– Conditions for domestic travel service business include:
+ Is an enterprise established in accordance with the law on enterprises;
+ Deposit for domestic travel service 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.
– Conditions for international travel service business include:
+ Is an enterprise established according to the provisions of law on enterprises;
+ Deposit money for international travel services business at the bank;
+ The person in charge of travel service business must have graduated from college or higher with a major in travel; If you graduate from college or higher in another major, you must have a professional certificate in international tourism operations.
– Enterprises that meet the business conditions specified in Clause 1 of this Article are granted a domestic travel service business license; If you meet the business conditions specified in Clause 2 of this Article, you will be granted an international travel service business license.
Assessment fees for granting international travel service business licenses and domestic travel service business licenses are implemented in accordance with the law on fees and charges.
– The Government regulates in detail the deposit for travel service business as prescribed in Point b Clause 1 and Point b Clause 2 of this Article.
– The Minister of Culture, Sports and Tourism shall provide detailed regulations on the person in charge of travel service business; content of training, fostering, organizing exams, granting certificates of domestic tourism operations and international tourism operations.
What are the dossiers, order, procedures, and authority to grant an international travel service business license?
Pursuant to Article 33 of the Law on Tourism 2017 stipulating the dossier, order, procedures, and authority to grant an international travel service business license as follows:
– Dossier to apply for an international travel service business license includes:
+ Application for an international travel service business license according to the form prescribed by the Minister of Culture, Sports and Tourism;
+ Certified copy of Business Registration Certificate or Investment Registration Certificate issued by a competent state authority;
+ Certificate of deposit for travel service business;
+ A certified copy of the diploma or certificate of the person in charge of the travel service business specified in Point c, Clause 2, Article 31 of this Law;
+ 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.
– The order, procedures, and authority to grant an international travel service business license are prescribed as follows:
+ Enterprises applying for an international travel service business license submit 01 set of documents to the Vietnam National Administration of Tourism;
+ Within 10 days from the date of receiving the valid dossier, the General Department of Tourism shall appraise and issue an international travel service business license to the enterprise and notify the specialized tourism agency of the province where the enterprise is headquartered; In case of refusal, it must be notified in writing and clearly state the reason.
– The Minister of Culture, Sports and Tourism regulates the form of International Travel Service Business License.
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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