Violation of regulations on tourist transport business

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

(Vu Quoc Nam - Dien Chau)

Reply:According to Decree 16/2012/ND-CP regulating administrative sanctions in the tourism sector, Article 8, Chapter II, Section 1 stipulates: violations of regulations on travel business, tour guiding, and tourist transport car business. Specifically:

1. A fine of VND 1,000,000 to VND 2,000,000/vehicle shall be imposed for using a car with less than 9 seats that does not ensure interior, amenities, and equipment as prescribed to transport tourists.

2. A fine of VND 2,000,000 to VND 3,000,000/vehicle shall be imposed for using a car with 9 to less than 24 seats that does not ensure interior, amenities, and equipment as prescribed to transport tourists.

3. A fine of VND 3,000,000 to VND 4,000,000/vehicle shall be imposed for using a car with 24 seats or more that does not ensure interior, amenities, and equipment as prescribed for cars transporting tourists.

4. A fine of VND 4,000,000 to VND 5,000,000/vehicle shall be imposed for using a specialized car (caravan) or a double-decker car that does not ensure interior, amenities and equipment as prescribed for cars transporting tourists.

5. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for one of the following acts: Arbitrarily changing the transportation schedule without the consent of the tourist; Not displaying a sign indicating that the car meets the standards for serving tourists as prescribed by law; Using a driver to transport tourists without a certificate of training in tourism services; Using service staff on a car to transport tourists without a certificate of training in tourism services.

6. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for one 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 carry out procedures for reissuing vehicle license plates that meet the standards for serving tourists as prescribed by law; Failure to purchase passenger insurance for tourists on the means of transport.

7. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for one of the following acts: Using fake tourist-standard car signs for business activities; Impersonating tourist-transporting cars.

8. Additional penalties:
Confiscate fake tourist-qualified car signs for violations of the provisions in Point a, Clause 7 of this Article.

9. Remedial measures: Force the vehicle to provide sufficient interior, amenities, and equipment to ensure the health, safety, life, and property of tourists for violations of the provisions in Clauses 1, 2, 3, and 4 of this Article; Force the vehicle to be labeled as meeting the standards for serving tourists according to the provisions of law for violations of the provisions in Point c, Clause 5 of this Article; Force the reporting regime to be implemented according to regulations for violations of the provisions in Point a, Clause 6 of this Article.

Thus, you have violated Point 5, Article 8 of this Decree and according to Article 18 of Decree 16/2012/ND-CP, the authority to sanction administrative violations of the Inspectorate of Culture, Sports and Tourism is to be fined from 500,000 VND to 30 million VND (depending on the level of violation).

Thao Nhi (Synthesis)