Nghị định 94/2003/ND-CP

DECREE

PRESCRIBING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF VIETNAM NATIONAL ADMINISTRATION OF TOURISM

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Tourism Ordinance dated February 8, 1999;
Pursuant to Decree No. 30/2003/ND-CP dated April 1, 2003 of the Government prescribing the functions, tasks, powers and organizational structures of the Government-attached agencies;
At the proposals of the General Director of Vietnam National Administration of Tourism and the Minister of the Interior,

DECREES:

Article 1. Position and functions

Vietnam National Administration of Tourism is a Government-attached agency which performs a number of tasks and exercises a number of powers of State management over tourism nationwide; performs the State management over public services in the field of tourism, and performs a number of specific tasks and exercises a number of specific powers of the representative of the owner of State capital portions at the State-invested enterprises under Vietnam National Administration of Tourism according to law provisions.

Article 2. Tasks and powers

Vietnam National Administration of Tourism shall have to perform the tasks and exercise the powers of the Government-attached agencies in the State management over the branches and domains prescribed in the Government's Decree No. 30/2003/ND-CP dated April 1, 2003 defining the functions, tasks, powers and organizational structures of the Government-attached agencies as well as the following specific tasks and powers:

1. To assume the prime responsibility for, or participate in elaborating bills, draft ordinances and draft legal documents on tourism and other legal documents related to tourism according to the assignment by the Government or the Prime Minister;

2. To submit to the Government or the Prime Minister strategies, plannings and programs, long-term, five-year and annual plans as well as important projects of itself and of the tourist service; to organize the implementation of such strategies, plannings, programs and plans after they are approved;

3. To submit to the Government or the Prime Minister regulations on standards, recognition and management of national tourist resorts, national tourist routes as well as national tourist urban centers and tourist sites;

4. To submit to the minister assigned by the Prime Minister to sign for promulgation the legal documents on standards and econo-technical norms of the tourist service;

5. To evaluate or participate in evaluating planning projects on the development of tourism in the provinces and centrally-run cities, national tourist resorts and projects on tourism or related to tourism at the request of the Government or the Prime Minister;

6. To decide on investment and construction projects under its competence according to law provisions;

7. To submit to the Government or the Prime Minister the negotiation on, signing of, accession to, and approval of, international treaties on tourism according to law provisions; to organize the implementation of international treaties under the Government's or the Prime Minister's assignment; to organize and examine the implementation of internationally financed tourist programs and projects according to law provisions; to organize and participate in conferences, workshops, events, programs and plans on international cooperation according to law provisions;

8. To direct, organize and examine the implementation of legal documents on tourism; to propagate, disseminate and educate the legislation and information on tourism;

9. To decide on, and direct the implementation of, its administrative reform program according to the objectives and contents of the State administrative reform program already approved by the Prime Minister;

10. To guide, examine and take responsibility for the provision of public services in the field of tourism according to law provisions;

11. To organize, and perform State management over tourist promotion activities at home and abroad; to grant permits for, and perform the State management over Vietnam-based foreign tourist representations;

12. To conduct scientific research and apply scientific and technological advances to the field of tourism; to direct the investigation, survey, assessment and classification of tourist natural resources; to direct and guide measures to protect tourist natural resources and tourist environment;

13. To coordinate with functional ministries and branches in directing and guiding the training and development of human resources in the field of tourism; to elaborate and submit to competent State agencies for promulgation titles and criteria of officials and employees of the tourist service;

14. To perform the State management over tour business, tourist guide, tourist accommodation establishments, tourist transportation and other tourist services according to law provisions; the granting and withdrawal of international tour business permits, tour guide cards, certifications of tourist accommodation establishments already classified or ranked as well as other certifications and certificates according to law provisions;

15. To perform a number of specific tasks and exercise a number of specific powers of the representative of the owner of State capital portions at the State-invested enterprises under Vietnam National Administration of Tourism according to law provisions;

16. To inspect, examine, settle complaints and denunciations, combat corruption, wastefulness and negative phenomena, and handle law violations and administrative violations in the field of tourism under its competence according to law provisions;

17. To perform the tasks of State management over associations and non-governmental organizations in the field of tourism according to law provisions;

18. To manage its organizational apparatus and payroll; to direct the implementation of the salary regime as well as preferential treatment, commendation and discipline regimes and policies for officials and employees within its management scope;

19. To manage the assigned finance and assets and organize the implementation of the budget allocations according to law provisions;

20. To implement the regime of reporting to the Government, the Prime Minister and competent State agencies according to the provisions of law.

Article 3. Organizational structure of Vietnam National Administration of Tourism

a) Organizations assisting the General Director in performing his/her tasks and exercising his/her powers:

1. The Tour Department;

2. The Hotel Department;

3. The Planning and Finance Department;

4. The International Cooperation Department;

5. The Organization and Personnel Department;

6. The Legal Department;

7. The Inspectorate;

8. The Tourist Promotion Department;

9. The Office.

b) Non-business organizations under the Administration:

1. The Institute for Tourist Development Research;

2. The Informatics Center;

3. The Tourism review;

4. The Tourism newspaper.

The General Director of Vietnam National Administration of Tourism shall assume the prime responsibility for, and coordinate with the Minister of the Interior in, elaborating the plan on reorganizing other existing non-business organizations under Vietnam National Administration of Tourism and submit it to the Prime Minister for approval.

To assign the General Director of Vietnam National Administration of Tourism to organize and arrange other non-business units according to law provisions

Article 4. Implementation effect

This Decree takes implementation effect 15 days after its publication in the Official Gazette and replaces the Government's Decree No. 20/CP dated December 27, 1992 on the functions, tasks, powers and organizational apparatus of Vietnam National Administration of Tourism, the Government's Decree No. 53/CP dated August 7, 1995 on the organizational structure of Vietnam National Administration of Tourism and previous regulations contrary to this Decree.

Article 5. Implementation responsibilities

The General Director of Vietnam National Administration of Tourism, the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People's Committees of the provinces and centrally-run cities shall have to implement this Decree.