In contrast to the traditional tourist destinations of Europe and Australia where the legislation governing tourism development and operations has evolved within already established legal systems, Cambodia, Laos and Vietnam are countries which, until recently, have had neither a signifi cant tourism sector nor a democratic legal system.
It is therefore interesting to observe the introduction of systems by which the emergent tourism sectors in CLV are to be regulated. It is important to do so because tourism in each country is seen as one of the most important sectors in terms of its potential contribution to economic and social modernization which includes the internationalization of their citizens to facilitate the introduction of modern welfare, health and education and work practices.
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Since 2005, the governments of the CLV countries have developed inde-pendent tourism laws in an effort to create governance platforms for their emerging tourism industries. A review of the three countries highlights a variety of similar yet different approaches. All three include content on: roles and respon-sibilities highlighting the obligations of public and public sector stakeholders as well as the tourists; planning and development of tourism at the national, provin-cial and district levels; institutional frameworks, quality assurances and licensing and monitoring. In the following three sections, the tourism law of each country is summarized, drawing on their legislative instruments.
Cambodia’s tourism law
Cambodia is a multi-party liberal democracy under a constitutional monarchy.
The Cambodian tourism law (Kingdom of Cambodia, 2009) is divided into 12 chapters and 77 articles. The purpose of the law is to govern the development of the tourism sector in a sustainable manner effectively and qualitatively and to reduce poverty; to protect and conserve the natural resources, culture and cus-toms, which serve as the foundation of the tourism sector; to ensure and pro-mote the quality of tourism services in the Kingdom of Cambodia through the introduction of a quality assurance system by providing security, safety and com-fort and by increasing tourists’ satisfaction; to minimize the negative impacts and maximize the positive impacts of the tourism sector; to seek markets and enhance publicity with the participation of both the public and private sectors; to develop human resources in the tourism sector; and to contribute to the development of international friendship and understanding through the tourism industry.
The jurisdiction of the Ministry of Tourism (MOT) is to lead and govern the tourism sector and to perform all the roles and functions required of a national tourism administration in accordance with international best practice. The MOT has primary responsibility for the regulation of core areas of the tourism industry.
On all other issues affecting the tourism industry, those ministries and authorities having primary responsibility are required to consult with the MOT and consider its expert advice.
Additionally, the MOT is mandated to establish a National Tourism Institute, a Tourism Professional School, a University of Tourism and Hospitality and a Cambodian Tourism Marketing and Promotion Board. The ministry is also empowered to assist in the formulation of constitutions and statutes for tourism industry associations.
Issues pertaining to quality assurance, standards and licensing are described in detail. Again, the MOT plays a central role, which is described as the super-vision and regulation of tourism businesses and activities by issuing licences, establishing a classifi cation system and setting minimum standards and execu-tive systems to establish, improve and maintain the quality of tourism services in the Kingdom of Cambodia. The MOT is also authorized to monitor, inspect and enforce laws and to dispatch inspectors to conduct inspection at any place of business or premises, or of equipment used or suspected of being used for the purpose of a tourism business or suspected of being used in contravention of the
32 P. Semone et al.
law. The obligations of the various tourism stakeholders are also described, including the private sector, public sector and tourists to the Kingdom of Cambodia.
Lao PDR’s tourism law
The Lao PDR ‘Master Plan for Law Development to 2020’, drafted by the Min-istry of Justice in 2006, lays out a comprehensive sectoral reform agenda to support the country on its way to becoming a state fully governed by the rule of law. The UNDP has provided support for its implementation through an initia-tion plan that facilitates the formulainitia-tion of specifi c sector programmes. As part of this programme, the Lao PDR’s tourism law (Lao People’s Democratic Republic, 2005) has the purpose of setting the principles, procedures and measures on the establishment, activity and administration of tourism aiming to promote and develop cultural, historical and ecotourism in sustainable ways, transforming to a modern tourism industry and contributing to national protection and development, the promotion of mutual understanding, peace, friendship and to cooperate in international development.
The Lao PDR state policy towards tourism is focused on developing tour-ism in a sustainable way that is respectful of triple bottom-line sustainability principles through ecotourism. The Lao tourism law states that the duty of stewardship of the unique characteristics of Lao culture, fi ne traditions, arts, literature, handicraft and its wealth of natural resources must be shared equally by the host community and the visitor. The tourism law defi nes in detail the various stakeholders associated with tourism and provides general guidelines on their respective roles and responsibilities in fostering successful tourism in Lao PDR. The rights and obligations of the tourist when visiting the country are also stipulated.
Planning for tourism is classifi ed at either a national, regional, provincial, district or tourism site level, allowing the potential for a generous degree of decentralization of tourism planning. National tourism administration is the responsibility of the Lao National Tourism Administration (LNTA). There are tourism divisions or offi ces charged with tourism administration at the provincial and district levels whose rights and duties involve implementing plans, laws and regulations, and orders on the administration and development of tourism as issued by the LNTA.
The tourism law is explicit about the rights and duties of private sector enterprises. The rights of tourism enterprises include being able to conduct their business freely in accordance with the laws; their legitimate rights and benefi ts are protected by law; participation in the activities of tourism business associa-tions; and the right to determine the fees for tourist services that correspond with the conditions and standard of their services. The private sector’s main duties can be summarized as compliance with the law, in particular the laws and regulations relating to tourism; protection and maintenance of the natural envi-ronment, society, national traditions, cleanliness, safety and social order; and strictly performing their obligations to the state, such as the collecting of fees
Introducing Tourism Law in Cambodia, Laos and Vietnam 33
from tourists for the benefi t of the national tourism fund. The national tourism fund has been established for the development and promotion of tourism, in particular: development of human resources, development of facilities for tour-ism, advertising and promotion of tourtour-ism, and performance of obligations to international organizations relating to tourism. It is obtained from the State Budget, contributions from domestic and foreign organizations and revenues from tourism activities. The tourism law also provides for monitoring activities such as regular systematic inspections and emergency inspections.
Vietnam’s tourism law
Like the other two CLV countries, Vietnam’s tourism law (The Socialist Republic of Vietnam, 2005) is also based on the need for the development of sustainable tourism, hence ensuring alignment with the overall government master plan, and in addition mentions the need for support of its national sovereignty (in the form of maintenance of national defence, security and civil order and safety). The law encourages both domestic and international tourism, with a view to attracting as many international tourists to Vietnam as possible.
The law highlights the importance of creating a tourism-friendly operating environment to support tourism development in which the sector is given priority as a leading industry for national economic development. It provides for incen-tives for organizations investing in the protection and enhancement of tourism resources and environment; tourism marketing; training and human resources development; research, investment and development of new tourism products;
modernization of tourism activities; construction of tourism infrastructure; and development of tourism in remote and isolated areas, which contributes to social development and poverty reduction. The law specifi es the roles of the state in administering tourism, defi nes the state’s responsibilities and describes the rights and obligations of tourists and of organizations or individuals conducting tourism businesses.
Interestingly, the role and content of tourism promotions are defi ned as the creation of awareness of Vietnam, its people, landscapes, history, revolutionary and cultural heritage and identity and artistic treasures among both the local and international communities; support for investment in infrastructure and tourism services; and increased awareness of tourism and its benefi ts. In order to achieve this, there is explicit recognition of the need for market research and product development. Cooperation with other countries and international organizations is encouraged to develop tourism, as well as create political goodwill.