Violation of regulations regarding the business of transporting tourists by car.

(Baonghean)Ask:I was fined 2,000,000 VND by the Inspectorate of the Department of Culture, Sports and Tourism for driving a tourist vehicle without a tourism training certificate. Is this fine correct? What are considered violations of regulations regarding the business of transporting tourists by car?

(Vu Quoc Nam – Dien Chau)

Reply:According to Decree 16/2012/ND-CP regulating administrative penalties in the field of tourism, Article 8, Chapter II, Section 1 stipulates: violations of regulations on travel agency business, tour guiding, and business of transporting tourists by car. Specifically:

1. A fine of VND 1,000,000 to VND 2,000,000 per vehicle will be imposed for using passenger cars with fewer than 9 seats that do not meet the prescribed interior, amenities, and equipment standards for transporting tourists.

2. A fine of VND 2,000,000 to VND 3,000,000 per vehicle will be imposed for the act of using passenger cars with 9 to under 24 seats that do not meet the prescribed interior, amenities, and equipment requirements for transporting tourists.

3. A fine of VND 3,000,000 to VND 4,000,000 per vehicle will be imposed for the act of using passenger vehicles with 24 seats or more that do not meet the prescribed interior, amenities, and equipment requirements for vehicles transporting tourists.

4. A fine of VND 4,000,000 to VND 5,000,000 per vehicle will be imposed for the act of using specialized vehicles (caravans) or double-decker buses that do not meet the prescribed interior, amenities, and equipment requirements for vehicles transporting tourists.

5. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for any of the following acts: Arbitrarily changing the transportation schedule without the consent of the tourists; Failing to display the vehicle's identification sign indicating compliance with the law regarding tourist service standards; Using drivers without a tourism training certificate to transport tourists; Using service personnel on tourist vehicles without a tourism training certificate.

6. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts: Failure to properly report to the Department of Culture, Sports and Tourism and the Department of Transport as prescribed by law; Failure to reissue vehicle registration plates for vehicles meeting the standards for serving tourists as prescribed by law; Failure to purchase passenger insurance for tourists using the transportation vehicle.

7. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for any of the following acts: Using counterfeit vehicle registration plates that meet tourist service standards for business operations; Impersonating a vehicle transporting tourists.

8. Additional forms of punishment:
The fake vehicle registration plates certifying that the vehicle meets the standards for serving tourists shall be confiscated for violations of the regulations specified in Point a, Clause 7 of this Article.

9. Remedial measures: Require the addition of sufficient interior furnishings, amenities, and equipment to tourist transport vehicles to ensure the health, safety, and property of tourists for violations of regulations in Clauses 1, 2, 3, and 4 of this Article; Require the affixing of vehicle identification signs indicating compliance with legal standards for tourist services for violations of Point c, Clause 5 of this Article; Require the implementation of reporting requirements as prescribed for violations of Point a, Clause 6 of this Article.

Therefore, he violated Point 5 of Article 8 of this Decree, and according to Article 18 of Decree 16/2012/ND-CP, the authority of the Inspectorate of Culture, Sports and Tourism to impose administrative penalties ranges from 500,000 VND to 30 million VND (depending on the severity of the violation).

Thao Nhi (Compiled)