I. Overview of the suspension of tourism business operations

The tourism industry currently plays a significant role in the economy, contributing substantial revenue and, more importantly, promoting the image of the country to international friends.

However, in order to ensure that tourism business activities are conducted in a transparent, safe, and law-compliant manner, tourism business entities are required to satisfy numerous stringent legal requirements. In certain cases of violations, competent authorities may apply the measure of suspension of operations to protect the legitimate rights and interests of tourists and maintain the stability of the tourism sector.

II. Legal regulations on the suspension of tourism business operations

1. Definition of the suspension of tourism business operations

The suspension of tourism business operations is an administrative sanction imposed on organizations and individuals engaged in tourism business activities when they commit violations of law, with the aim of temporarily preventing business operations to ensure safety, public order, and the rights and interests of tourists. Such a measure may be accompanied by other forms of sanctions, such as monetary fines, remedial measures, or revocation of business licenses.

2. Cases subject to the suspension of tourism business operations

Pursuant to Article 6 of Decree No. 45/2019/NĐ-CP, cases in which tourism business operations may be suspended include:

  • Failure to promptly notify or provide instructions to tourists in emergency situations;
  • Failure to warn tourists of potential dangers;
  • Failure to coordinate in rescue and emergency response when tourists are in danger;
  • Failure to apply measures to ensure the safety of tourists’ lives, health, and property;
  • Failure to satisfy business conditions as prescribed under the Law on Tourism 2017.

The suspension period may range from one (01) month to three (03) months and may be accompanied by other sanctions, such as fines ranging from 10,000,000 VND to 20,000,000 VND imposed on violating organizations (pursuant to Clause 8 Article 6 of Decree No. 45/2019/NĐ-CP).

III. Questions regarding the suspension of tourism business operations

1. Will a tourism business organization be suspended if it fails to notify tourists in emergency situations?

Pursuant to Point b Clause 5 and Clause 8 Article 6 of Decree No. 45/2019/NĐ-CP, the act of failing to promptly notify or provide instructions to tourists in emergency situations shall be subject to a fine ranging from 5,000,000 VND to 10,000,000 VND (applicable to individuals; the fine imposed on organizations shall be double). At the same time, such organizations may be subject to suspension of operations for a period of one (01) to three (03) months.

2. For how long will a tourism business organization be suspended if it fails to warn tourists of dangers?

Pursuant to Point a Clause 5 and Clause 8 Article 6 of Decree No. 45/2019/NĐ-CP, the act of failing to warn tourists of potential dangers shall be subject to:

  • A fine ranging from 5,000,000 VND to 10,000,000 VND imposed on individuals; the fine imposed on organizations shall be double;
  • Suspension of operations for a period of one (01) to three (03) months.

3. Will a tourism business organization be suspended if it fails to satisfy business conditions?

Pursuant to Article 10 of Decree No. 45/2019/NĐ-CP, as amended by Point a Clause 2 Article 1 of Decree No. 129/2021/NĐ-CP, violations of general regulations on tourism accommodation business services are addressed accordingly.

Accordingly, a tourism accommodation service business organization that fails to satisfy the conditions for tourism accommodation services as prescribed at Points a and b Clause 1 Article 49 of the Law on Tourism 2017 may be subject to a fine ranging from 20,000,000 VND to 30,000,000 VND and suspension of operations for a period of one (01) to three (03) months.

Note: Pursuant to Clause 2 Article 5 of Decree No. 45/2019/NĐ-CP, the fines mentioned above apply to individuals; fines imposed on organizations shall be double those imposed on individuals.

4. Will a tourism accommodation service business organization be suspended if it fails to notify changes to the address of the accommodation establishment?

Pursuant to Point d Clause 2 Article 10 of Decree No. 45/2019/NĐ-CP, tourism accommodation service business organizations are required to notify changes related to their operating addresses. Accordingly, a tourism accommodation service business organization that fails to notify changes to the address of the tourism accommodation establishment shall not be subject to suspension of operations, but may instead be fined from 2,000,000 VND to 6,000,000 VND.

IV. Legal consulting services related to the suspension of tourism business operations

Above is all the detailed information provided by NPLaw to support clients regarding the suspension of tourism business operations. Should you have any questions related to the above issues or other legal matters, please contact NPLaw for direct consultation and guidance from our professional team.