OBTAINING BUSINESS LICENSES FOR GUESTHOUSES AND HOTELS

CONSULTING SERVICES FOR OBTAINING BUSINESS LICENSES FOR GUESTHOUSES AND HOTELS

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Recently, the demand for travel and tourism has been increasing; consequently, hotel and guesthouse businesses have become more vibrant to meet the needs of tourists.

Not only domestic investors but also foreign investors are very interested in this sector in Vietnam. However, the hotel service business is a conditional industry, bound by many legal regulations. So, how can investors feel secure before starting this business?

This article from Dai Quang Minh Law Firm will explain the necessary conditions and procedures for operating a hotel business, helping businesses better understand these regulations.

In addition, Dai Quang Minh Law Firm provides clients with other services related to sub-licenses; business registration; investment; foreign labor; and ongoing consulting for domestic and foreign business operations.

For clients requiring advice on business licenses for guesthouses and hotels, please contact our lawyer via Zalo at 0932.191.299 for consultation.

Legal basis

- Tourism Law 2017

- Decree No. 168/2017/ND-CP guiding the Law on Tourism

- Circular No. 06/2017/TT-BVHTTDL guiding the Law on Tourism

- Decree 136/2020/ND-CP provides guidance on the Law on Fire Prevention and Fighting.

- Amended Fire Prevention and Fighting Law 2013

- Food Safety Law 2010

- Decree 96/2016/ND-CP on business activities in sectors subject to security and order conditions

- Enterprise Law 2020

- Environmental Protection Law 2020

1. Introduction to hotel business licenses

The hotel business is a sector within the accommodation service industry, requiring businesses to comply with numerous legal regulations. One of the prerequisites for operating a hotel legally is obtaining a hotel business license.

According to the Enterprise Law 2020 (Law No. 59/2020/QH14), this is a Business Registration Certificate issued by the Department of Finance, which records the business line of accommodation services, specifically "short-term accommodation services" (industry code 5520). For hotels, in addition to this license, you also need to meet specific business conditions according to the Tourism Law 2017 (Law No. 09/2017/QH14).

Simply put, a hotel business license is a legal document proving that your business is permitted to operate in the accommodation sector. An acquaintance who opened a small hotel told me that it took him quite a long time to figure it out, because he needed not only a business license but also certificates of compliance with security and fire safety regulations. This shows how important it is to understand the concept and the accompanying requirements.

2. Procedures for applying for a hotel business license

The procedure for applying for a hotel business license involves the following steps:

Step 1: Register your business at the Department of Finance.

Before applying for a hotel business license, businesses need to register as a company or sole proprietorship at the Department of Finance. The registration application must clearly state the business activity as providing accommodation services.

Step 2: Obtain a fire safety permit.

Businesses need to submit an application for a fire safety certificate to the fire safety police agency. The authorities will conduct an on-site inspection before issuing the certificate.

Step 3: Apply for a security and order certificate.

Businesses continue to submit applications to the district/county police to obtain certificates of eligibility regarding security and order as required by regulations.

Step 4: Obtain a food safety certificate (if you offer food services)

If the hotel offers food and beverage services, it needs to obtain a food safety certificate from the local health authority.

Step 5: Submit the application for a hotel business license

After completing the above steps, the business submits an application for a hotel business license to the local Department of Tourism or Department of Culture, Sports and Tourism. This agency will review the application, conduct an on-site inspection of the hotel, and issue a license if all requirements are met.

3. Documents required for a hotel business license application

To apply for a hotel business license, businesses need to prepare a complete application dossier as required. According to Article 24 of Decree 168/2025/ND-CP on business registration, the basic dossier includes the following documents:

- The application for a hotel business license must be submitted using the prescribed form.

- Business registration certificate (notarized copy).

- Land use rights certificate or lease agreement for the premises to be used as a hotel.

- The hotel design drawings fully illustrate the functionality of each area within the hotel.

- A fire safety certificate is issued by the competent authority.

- A certificate of eligibility regarding security and order is issued by the police agency.

- A food safety certificate is required if the hotel offers food and beverage services.

- A list of personnel and employment contracts for those working at the hotel.

- Hotel star rating table (if available).

4. Conditions for granting a hotel business license

To obtain a hotel business license, a business needs to meet the following basic conditions:

- Registration of accommodation service business activities: Businesses must register business activities related to hotel services in accordance with the law.

- Facilities must meet standards: Hotels need to ensure that their facilities, such as guest rooms, restrooms, and equipment, are adequate and meet safety standards.

- Meeting fire safety requirements: An approved fire safety plan is required, and the fire safety system must be in good working order.

- Ensuring security and order: Businesses need to have a certificate of eligibility regarding security and order issued by the police.

- Meeting food safety and hygiene standards: If the hotel provides food services, it must have a food safety and hygiene certificate.

During your operations, if you have any questions or need assistance, please contact Dai Quang Minh Law Firm. We are always ready to support and accompany you throughout your establishment, operation, and development.

We wish our valued customers sustainable growth and breakthrough success.

Sincerely thank you./.