CONDITIONS ON CAPITAL AND PROCEDURES FOR ESTABLISHING TOURISM COMPANIES

Vietnam is a country with many beautiful natural landscapes, so it is increasingly attracting tourists. Along with that is the strong development of travel companies. So what are the conditions to set up a travel company? Want to set up a tour company? Stay tuned for details in our article below.

1. What is travel business?
Clause 9, Article 3 of the 2017 Law on Tourism stipulates that travel service business is the development, sale and implementation of part or the whole of a tourism program for tourists.
The scope of travel service business specified in Article 30 of the 2017 Law on Tourism includes:
– Domestic travel service business to serve domestic tourists.
– International travel business to serve international tourists to Vietnam and tourists abroad.
– Enterprises providing international travel services may provide international travel services and domestic travel services, except cases
– Foreign-invested enterprises may only provide international travel services to serve international tourists traveling to Vietnam, unless otherwise provided for in international treaties to which the Socialist Republic is located. Vietnam is a member.

2. Conditions of business of travel services
According to Article 31 of the 2017 Law on Tourism, conditions for traveling business are specified as follows:
2.1 Conditions for providing domestic travel services include:
– Being an enterprise / company established under the law on enterprises;
– Completing the deposit to provide domestic travel services at the bank;
– The person in charge of business of travel services (who holds one of the following titles: chairman of the board of directors; chairman of the members’ council; chairman of the company; owner of a private enterprise; general director; director or deputy director; head of the travel service business division) must have graduated from an intermediate or higher degree in travel (including: Managing tourism and travel services; Travel administration; Operating tours; Tourism marketing; Tourism; Travel tourism; Tourism business and management); In case of graduating from intermediate vocational training or another major, a professional certificate on domestic tourism administration must be obtained.

2.2 Conditions for establishing an international travel service business office
– Being an enterprise / company established under the law on enterprises;
– Depositing business of international travel services at banks;
– The person in charge of business of travel services (who holds one of the following titles: chairman of the board of directors; chairman of the members’ council; chairman of the company; owner of a private enterprise; general director; director or deputy director; head of the travel service business division) must have graduated from college or higher in travel (including: Managing tourism and travel services; Managing travel; tours; Tourism marketing; Tourism; Travel tourism; Tourism business and management); in the case of a college graduate or another major, a professional certificate on international tourism management is required.

2.3 Details of deposit conditions for setting up a travel agency
Deposit level when doing travel service business
– Deposit amount for providing domestic travel services: VND 100,000,000 (one hundred million) Vietnam dong.
– Margin for international travel service business:
+ Travel business for international tourists coming to Vietnam: VND 250,000,000 (two hundred and fifty million) Vietnam dong;
+ Travel business for tourists traveling abroad: VND 500,000,000 (five hundred million) Vietnam Dong;
+ Travel business for international tourists coming to Vietnam and foreign tourists: VND 500,000,000 (five hundred million) Vietnam dong.

2. Pay deposit for international travel service business
Enterprises must make deposits in Vietnam Dong at commercial banks, cooperative banks or foreign bank branches established and operating in Vietnam and enjoy interest rates as agreed upon between enterprises and The bank accepts deposits in accordance with the law. The deposit amount of an enterprise must be maintained throughout the time the enterprise conducts travel service business.
Deposit payment and deposit management are prescribed in Article 15 and Article 16 of Decree No. 168/2017 / ND-CP as follows:
– When an enterprise requests deposit of money into an account at a bank, the accepting bank and the enterprise conclude a margin contract. On the basis of the escrow contract of the enterprise, the escrow bank will blockade the deposit amount of the enterprise deposited with the bank.
– The deposit agreement must contain the following main contents: Name, address and representative of the enterprise; name, address, representative of the bank; reasons for depositing deposits; deposit amount; deposit interest rate; payment of deposit interest; use of deposit; withdrawal of deposit; deposit repayment regulations; responsibilities of related parties and other agreements in accordance with the provisions of law and not contrary to the provisions of Decree No. 168/2017 / ND-CP.
– After the escrow block is blocked, the escrow bank issues a Certificate of deposit for business travel services for businesses according to Form No. 01 in the Appendix enclosed with Decree No. 168/2017 / ND -CP.
– In the case of a tourist who dies, suffers an accident, risks or suffers from life-threatening injuries and needs to be returned to his / her place of residence or emergency treatment, the enterprise cannot afford to pay for it in a timely manner. , the enterprise sends a proposal to temporarily release the deposit to the travel licensing agency.
Within 48 (forty-eight) hours from the time of receiving the enterprise’s request, the travel licensing agency shall consider and request the bank that has made a deposit to the enterprise to deduct the money account. Deposit to use or decline.
– Within 30 (thirty) days from the date the money is withdrawn from the deposit account, the travel service provider is responsible for supplementing the used deposit amount to ensure the margin level according to the deposit. specified in Article 14 of Decree No. 168/2017 / ND-CP.
In case the enterprise fails to fulfill the above obligations, the bank shall send a written notice to the licensing agency for taking measures as prescribed by law.
– An enterprise sends a written request for refund of deposit to the bank in the following cases:
(1) There is a written notice from the travel service licensing agency that the license for the provision of travel services or a change in the bank that receives the deposit has not been issued;
(2) There is a document of the travel service business licensing authority on the refund of deposit after revocation of the travel service business license.

3. Process, procedures and establishment of tour travel company
Travel business is a conditional business when carrying out business registration procedures, so when completing the procedures for establishing a business, you must complete the procedures for applying a tourism business license at the tourist service. where the enterprise is headquartered.
3.1 Step 1: Implementation of procedures to set up companies and businesses
3.1.1 Prepare application for certificate of enterprise registration to submit the application to DPI
Depending on your needs and desires, you may set up a joint stock company, limited liability company,….
Components of establishment file of a joint stock company:
A dossier of establishment of a joint stock company is specified in Article 23 of the Enterprise Law 2014, guided in Articles 9, 10 and 22 of Decree No. 78/2015 / ND-CP, including:
An application form for enterprise registration using the form in Annex I-4 of Circular No. 02/2019 / TT-BKHDT;
Company charter (with full name and signature of the founding shareholder being an individual and the signature of the legal representative / authorized representative of the founding shareholder being an organization) (download sample chartered company here);
List of founding shareholders of the company and shareholders being foreign investors. List of authorized representatives of foreign shareholders being organizations
+ List of founding shareholders of joint stock companies, made according to the form in Appendix I-7 of Circular No. 02/2019 / TT-BKHDT;
+ List of shareholders being foreign investors, made according to the form in Appendix I-8 of Circular No. 02/2019 / TT-BKHDT;
List of authorized representatives (of foreign institutional shareholders) according to the form provided in Appendix I-10 of Circular No. 02/2019 / TT-BKHDT.
Copy of the following documents:
+ One of the personal identification papers specified in Article 10 of Decree No. 78/2015 / ND-CP in case the founder of an enterprise is an individual;
+ Decision to establish a joint stock company / Certificate of company registration or other equivalent documents, one of the personal identification papers of the authorized representative and the power of attorney in case the person business establishment as an organization;
+ Certificate of investment registration in case the enterprise is established or participated in establishment by foreign investors / foreign-invested economic organizations in accordance with the Law on Investment 2014 and other relevant documents. implementation instructions.

3.2.1 Composition of documents on establishment of one-member limited liability company
Documents of establishing 1 member limited company include:
Request for enterprise establishment using the form in Annex I-2 of Circular No. 02/2019 / TT-BKHDT;
Company charter (with all signatures of the person establishing the enterprise);
A valid copy of one of the personal identification papers of the authorized representative if the company organizes management according to the model of the company’s President, Director or General Director and Controllers.
In case the company organizes its management according to the model of the Board of members, the Director / General Director and Controllers, the application includes a list of authorized representatives and a valid copy of one of the authentication papers. Individuals defined in Article 10 of Decree No. 78/2015 / ND-CP of each authorized representative.
List of authorized representatives is made according to the form in Appendix I-10 of the Circular
Circular No. 02/2019 / TT-BKHDT.
Copy of the following documents:
+ One of the personal identification papers of the enterprise owner in case the company owner is an individual;
+ Establishment decision / certificate of enterprise registration / other equivalent papers, the charter or other equivalent documents of the company owner in case the company owner is an organization (except for The owner of the company is the State);
+ Investment registration certificate in case the enterprise is established by a foreign investor or a foreign-invested economic organization prescribed in the 2014 Investment Law and its guiding documents.
Written authorization for the authorized person to carry out the procedures to open the limited liability company in case the enterprise owner is an organization.
c) Components of the dossier of registration for establishment of a 2-member limited liability company
The dossier of establishment of a two-member limited liability company specified in Article 22 of the Enterprise Law 2014, detailed guidance in Article 9, Article 10, Article 22 and Article 23 of Decree 78/2015 / ND-CP, includes:
An application form for enterprise registration using the form in Annex I-3 of Circular No. 02/2019 / TT-BKHDT;
Company charter (with full name and signature of member being an individual and legal representative or authorized representative of member being organization);
List of members in the form prescribed in Appendix I-6 of Circular No. 02/2019 / TT-BKHDT;
Copy of the following documents:
+ One of the personal identification papers in case the founder of an enterprise is an individual;
+ Establishment decision or certificate of company registration or other equivalent documents, one of the personal identification papers of the authorized representatives and the power of attorney in case of the founders enterprises are organizations;
+ Certificate of investment registration in case the enterprise is established or participated in establishment by foreign investors or foreign-invested economic organizations in accordance with the Law on Investment 2014 and other documents. implementation instructions.

3.1.2 Filing at the business registration office
After preparing the application, you should submit the application to the business registration agency, according to our experience in opening a travel agency, after about 3 (three) – 5 (five) working days. If the application submitted by the customer is valid, the business registration office will proceed to issue the business registration license.
Publish the report on establishment of new businesses on the national portal;
Complete the procedure of seal engraving and notification;
Make an initial tax return at the district tax office where the company is headquartered;
Hanging company signs;
Order and activate the tax declaration token online, open a bank account and submit a bank account notification to the DPI;
Pay license fees;
Please order printed invoices at the tax office, after obtaining the consent for the enterprise to order invoice printing, businesses can order and issue VAT invoices.

3.2 Step 2: Apply for a travel service business license
After business registration. Enterprises shall conduct dossiers of application for travel business licenses at the Department of Culture and Tourism and the General Department of Tourism.
3.2.1 Applying for a domestic travel service business license
In Article 32 of the 2017 Law on Tourism, the documents, order, procedures and authority to grant Domestic Travel Service Business License are as follows:
a) An application for a license for provision of domestic travel services includes:
– Application for issuance of Domestic Travel Service Business License (using the form No. 04 issued together with Circular 06/2017 / TT-BVHTTDL dated December 15, 2017 detailing a number of articles of the Law on Tourism) );
– Certified true copy of enterprise registration certificate;
– Certificate of escrow business travel services;
– A certified true copy of the appointment decision or employment contract between the travel service provider and the tour operator;
– Certified copy of diploma and certificate of the person in charge of business of travel services.
b) The order, procedures and competence to grant domestic travel service business licenses are prescribed as follows:
– An application for a license for domestic travel service business shall submit 01 set of application to the tourism authority of the province where the business is located;
– Within 10 (ten) days after receiving a valid dossier, the provincial-level tourism agency shall appraise and grant a domestic travel service business license; In case of refusal, a written notice must be clearly provided, clearly stating the reason therefor.

3.2.2 Apply for an international travel service business license
Article 33 of the 2017 Tourism Law provides for the documents, order, procedures and competence to grant international travel service business licenses as follows:
a) What is the application file for establishing a company to grant an international travel service business license, including:
– An application for an international travel service business license, made according to a form set by the Minister of Culture, Sports and Tourism;
– A certified true copy of the certificate of enterprise registration or the certificate of investment registration, issued by a competent state authority;
– Certificate of escrow business travel services;
– Certified copy of diploma, certificate of the person in charge of business of travel services;
– A certified true copy of the appointment decision or employment contract between the travel service business enterprise and the person in charge of travel service business.
b) The order, procedures and competence to grant international travel service business licenses are prescribed as follows:
– An enterprise applying for an international travel service business license shall submit a set of documents to the Vietnam National Administration of Tourism;
– Within 10 (ten) days after receiving a valid dossier, the Vietnam National Administration of Tourism shall appraise and grant an international travel service business license to the enterprise and notify the tourism-specialized agency. provincial calendar where the business is located; In case of refusal, a written notice must be clearly provided, clearly stating the reason therefor.

3.3.3. The level of the procedures to apply for a domestic travel service business license
In Article 4 of Circular No. 33/2018 / TT-BTC dated March 30, 2018, stipulate the rates, collection, remittance, and management of appraisal fees for granting business licenses for international travel services and licenses. domestic travel service business; fees for assessment and issuance of tour guide cards; Fees for granting licenses to establish representative offices in Vietnam of foreign travel service-providing enterprises stipulating the evaluation fees for granting international travel service business licenses and travel service business licenses. Domestic operations are as follows:
– New grant: VND 3,000,000 / license;
– Renewal: 2,000,000 VND / license;
– Re-issue: VND 1,500,000 / license.

3.3.4 A number of other provisions related to traveler’s permits
a) Reissue
Article 34 of the 2014 Tourism Law stipulates that enterprises should re-issue travel service business licenses in case the travel business license is lost or damaged.
The order and procedures for re-granting travel service business licenses are prescribed as follows:
– Enterprises submit applications for re-issuance of travel service business licenses (made according to form No. 04 issued together with Circular 06/2017 / TT-BVHTTDL);
– Within 05 (five) working days from the date of receiving the application of the enterprise, the state agency competent to grant licenses shall re-issue travel business service licenses to enterprises; In case of refusal, a written notice must be clearly provided, clearly stating the reason therefor.
The Vietnam National Administration of Tourism shall notify the tourism authority of the province where the enterprise is headquartered when re-issuing the international travel service business license.

b) Renewal
Article 35 of the 2017 Tourism Law provides for the following cases and procedures for renewal of travel service business licenses:
An enterprise shall apply for a license for provision of travel services in the following cases:
– Change of certificate of enterprise registration or certificate of investment registration;
– Change the scope of international travel service business.

*) A dossier of application for a travel service business license shall include:
– An application for a replacement of a travel service business license, made according to a form set by the Minister of Culture, Sports and Tourism;
– Business license of travel services business;
– Authenticated copy of enterprise registration certificate or investment registration certificate in case the enterprise changes its enterprise registration certificate or investment registration certificate; certificate of escrow business in travel services appropriate to the business scope in case the enterprise changes the scope of international travel service business.

*) The order of and procedures for renewal of a travel service business license are prescribed as follows:
– Enterprises submit 01 (one) set of dossier to the competent State agency that has granted the license;
– Within 05 (five) working days from the date of receipt of a valid dossier, the competent state agency granting the license is responsible for renewing the travel service business license for the enterprise; In case of refusal, a written notice must be clearly provided, clearly stating the reason therefor.
The Vietnam National Administration of Tourism shall notify the tourism authority of the province where the enterprise is headquartered when renewing the License for provision of international travel services (see the list of tour companies in Ho Chi Minh City to be renewed). permission).

c) Revocation
Article 36 of the 2017 Tourism Law stipulates that businesses will have their travel service business licenses revoked in the following cases:
– Terminating the operation no longer providing travel services, dissolution or bankruptcy;
– Does not meet 01 (one) in the conditions of business travel services;
– Do not change travel business license when changing the Business Registration Certificate or Investment Registration Certificate; change the scope of international travel service business.
– Harming and affecting national sovereignty and interests, national defense and security;
– Taking advantage of travel activities to bring people from Vietnam to foreign countries or from abroad into Vietnam illegally;
– Letting organizations and individuals use their travel service business licenses for business activities;
– Failing to fulfill the obligations to apply measures to ensure the safety of tourists’ lives, health and property; promptly notify competent state agencies of accidents and risks to tourists and take measures to overcome consequences, causing damage and seriously affecting lives, health and properties. of tourists;
– Forging application file for issuing, renewing, reissuing travel business service license.
The business has been revoked its license to provide travel services when it does not meet one of the conditions for conducting travel services; do not change travel service business licenses when changing Business Registration Certificates or Investment Registration Certificates; changing the scope of international travel service business may only apply for a travel service business license after 06 months from the effective date of the revocation decision.
Enterprises that have been revoked from a travel service business license as prescribed in the remaining cases may only apply for a travel service business license after 12 months from the effective date of the revocation decision. force.

4. Rights and obligations of tour operators
Article 37 of the 2014 Tourism Law stipulates the rights and obligations of travel service enterprises. Accordingly, domestic travel service business enterprises have the following rights and obligations:
– Develop, advertise, sell and organize the implementation of tourism services and tourism programs for tourists according to the business scope specified in the license;
– Ensuring the maintenance of travel business service conditions; publicize the name of the enterprise, the number of license to provide travel services on the signboard at the head office of the enterprise, branch, transaction office, in travel contracts, on advertising publications and in electronic transactions;
– Notify when there is a change in the person in charge of business of travel services, send the dossier to the person in charge of business of travel services to the competent state agency issuing license within 15 days. since the change;
– Comply with and disseminate, guide tourists to comply with laws and regulations of the destination; civilized behavior, respect for cultural identities, customs, and practices of tourist destinations and Vietnam; coordinate with competent state agencies in promptly handling acts of violating tourists’ law during the time of participating in tourism programs;
– Making reports, statistics, accounting and keeping records according to the provisions of law;
– Providing information about tourism programs, services and destinations to tourists;
– Buy insurance for tourists as prescribed during the implementation of the tour program, unless the tourist has insurance for the entire tourism program;
– Use tour guides to guide tourists under travel contracts; take responsibility for the activities of guides when guiding tourists under contracts;
– Apply necessary measures to ensure the safety of tourists’ lives, health and property; promptly notify competent state agencies of accidents and risks to tourists and take remedial measures;
– Manage tourists according to the tour program agreed with tourists.
Enterprises providing international travel services in service of international tourists coming to Vietnam have the following rights and obligations:
– Rights and obligations of the domestic travel business enterprise;
– Ensuring the maintenance of travel service business conditions; publicize the name of the enterprise, the number of license to provide travel services on the signboard at the head office of the enterprise, branch, transaction office, in travel contracts, on advertising publications and in electronic transactions;
– Supporting tourists in carrying out procedures for entry, exit, transit, and customs.
Enterprises providing international travel services in service of tourists traveling abroad have the following rights and obligations:
– Rights and obligations of domestic travel service-providing enterprises and international travel-service-providing enterprises in service of international tourists to Vietnam;
– Use international travel guides to take tourists abroad under travel contracts; take responsibility for the activities of tour guides during the time of bringing tourists abroad.

5. Service of setting up our travel agency
Hung Phuc Law is the unit that provides services for travel agencies such as:
– Advice on the selection of the type of business, the conditions for establishing a business such as: name of tourism business, business lines, manager of travel business, accounting of travel companies, …. ;
– Advice on tourism laws related to the establishment and application of a travel permit including regulations on charter capital, regulations on deposit, use, withdrawal of deposit, …;
– Prepare business establishment documents, travel permit applications and relevant documents in accordance with the law;
– Representatives of Customers submit the application at the Business Registration Authority, the travel agency, amend and supplement the application (if any) and resolve all arising issues to ensure apply for a tourism business license;
– Receive documents and hand over to Customers;
– Consult the law in the course of business operations of the business when receiving the request.
Please contact us at hotline 0979.80.1111 for advice quickly and accurately.

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