After the Covid-19 epidemic, the tourism industry is transforming again with many new steps, the number of tourists is increasing sharply. Since then, there has been an increasing demand for establishment of international travel business, especially foreign-invested enterprises.
Receiving questions about the establishment conditions as well as related issues, HT Law would like to introduce an article about establishing a foreign-invested international travel business.
- The WTO’s Commitment Schedule on Trade in Services;
- The Investment Law 2020, was promulgated by the National Assembly on June 17, 2020.
- On June 17, 2020, the National Assembly passed Enterprise Law 2020.
- The Tourism Law 2017, promulgated by the National Assembly on June 19, 2017,
- On October 28, 2021, the government issued a statement.
I. Form of international travel business for foreign-invested enterprises
According to the WTO Commitment Schedule on trade in services, for travel services, foreigners are allowed to trade in international travel services in Vietnam in the form of capital contributions with Vietnamese partners, not to set up a company with 100% foreign investment capital.
II. Scope of operation for foreign-invested international travel business
According to the provisions of Clause 4, Article 30 of the Law on Tourism 2017, the provisions: “Foreign-invested enterprises may only provide travel services for international tourists to Vietnam, except in the case of an international treaty to which the Socialist Republic of Vietnam is a contracting party has other rule”. Thus, foreign-invested enterprises operating in Vietnam are only allowed to operate international travel services to serve international visitors to Vietnam and are not allowed to serve Vietnamese tourists abroad or serve tourism between non-Vietnamese countries.
III. Operating conditions for foreign-invested international travel business
According to Clause 1, Article 31 of the Tourism Law 2017, foreign-invested enterprises wishing to do business in the travel industry must meet the following conditions:
- As a suspected enterprise that is subject to the provisions of the law on the enterprise, it is also understood that the enterprise must have a license to operate in travel services.
- Deposit VND 50,000,000 for international travel service business at the bank.
- The person in charge of the travel services business must graduate from a college or higher majoring in travel; in the case of graduating from a college or higher in another major, he/she must have a certificate of international tourism operation.
IV. Setting up an international travel business
Step 1: Complete the procedures for issuing investment registration certificates.
Step 2: Carry out procedures for the issuance of business registration certificates.
Step 3: Engrave seal, open bank account, contribute capital
Step 4: Carry out the procedures for granting a travel service business license.
Pursuant to Clause 2, Article 38 of the Tourism Law 2017 referring to Article 32 of the Tourism Law 2017, the application for issuance of a license for travel services includes:
- The application for an business license for domestic business according to the form prescribed by the Minister of Culture, Sports and Tourism;
- Certified copy of Certificate of Business Registration;
- Certificate of deposit for travel service business;
- A certified copy of the appointment decision or the labor contract between the tour operator and the person in charge of the travel service business;
- A certified true copy of the diploma or certificate of the person in charge of the travel service business specified at Point c, Clause 1, Article 31 of the Law on Tourism.
1. Number of dossiers: 1 set
2. Within 10 days from the day on which the valid application is received, the specialized tourism agency of the province shall appraise and grant the license to provide domestic travel services to the enterprise; In case of refusal, it must be notified in writing and clearly state the reasons therefor.
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