ANNEX 4

INSTITUTIONAL FRAMEWORK

Variable Cambodia
General The institutional framework for
Framework national and regional (provincial
level) tourism policy, planning
and programming in Cambodia,
in principle, comprises a
collaboration process between
the Ministry of Tourism (MOT),
the Cambodian National Tourism
Authority (CANTA) and the
Office of the Council of
Ministers, other relevant
Ministries, Institutions,
APSARA, and the private sector
through the various associations.
The tourism development
policies, plans and programmes
at the national level are intended
to focus upon strategic issues
related to tourism development,
to ensure the sustainable
development of tourism in the
country, and provide a budget; and (v) Myanmar Hotels
framework for the formulation
and implementation of detailed
regional and provincial tourism
policies, plans and programmes.
The capacity to develop tourism
policy, plans and programmes is
seriously constrained by
overlapping functions and
responsibilities between MOT
and the CANTA leading to
confusion over who should take
the lead; and by limited technical
capacities in the technical
division of the MOT.
Local/ The MOT has provincial tourism
Provincial offices in most provinces that are
Tourism closely linked with the provincial
governor’s office. These offices
typically range in size from 5 to
10 persons except in Siem Reap
where the provincial tourism
office comprises 86 staff
undertaking mainly monitoring
and supervisory roles. In general,
TOURISM SECTOR INSTITUTIONAL FRAMEWORK IN THE GMS PARTNER COUNTRIES
China
The framework for tourism
policy, planning and
programming in Guangxi and
Yunnan comprises the
formulation by the Guangxi
Tourism Administration (GXTA)
and the Yunnan Province
Tourism Administration (YPTA),
respectively, of provincial-wide
tourism policies, plans and
programmes, followed by the
formulation of prefecture and
county tourism plans and
programmes for implementing
the provincial tourism policies
and plans.
Most prefectures, cities and
counties have a local tourism
administration. These have the
responsibility to develop and
implement their own tourism
policies, plans and programmes
within national and provincial
planning guidelines. These
organizations generally have
some tourism policy, planning
Laos PDR Myanmar
The Lao National Tourism Institutional responsibility for
Administration (LNTA) is national and provincial tourism
responsible for tourism policy, policy rests with the State Peace
planning and programming at the and Development Council
national and provincial level rests (SPDC) while the provision of
with. The LNTA is headed by a tourism policy advice, planning
Minister of State. and programming rests with the
The LNTA comprises two units: Ministry of Hotels and Tourism
(MHOT). The Ministry is headed
(i) a Tourism Operations Unit
responsible for planning, by a Minister of State and a
cooperation, promotion and Deputy Minister supported by a
Minister’s Office.
management (regulation) of
tourism enterprises; and (ii) an Reporting to the Minister is the
Administration support unit Directorate of Hotels and
responsible for personnel, Tourism, headed by a Director
administration and finance. General and Deputy Director
General. The Directorate is
divided into five units: (i)
tourism promotion, (ii) tourism
regulation; (iii) planning and
projects; (iv) administration and
and Tourism services. The
tourism policy, planning and
programming role sits with the
Director General and planning
and projects department.
The LNTA shares the The MHOT has a network of
administration of tourism at the provincial offices that are also
provincial level with the closely aligned with the local
provincial governments. The governors. These offices have
role of the provincial tourism between 5 and 10 staff and
bureaus is primarily to regulate undertake mainly the regulatory
tourism enterprises, collect data, function and project development
provide tourist information support. They do not have a
services, participate in planning and development
promotional campaigns, and capability and play little part in
61
Thailand Vietnam
The framework for developing The institutional framework for
tourism policy, planning and tourism policy, planning and
programming in Thailand is programming at the national and
managed by the Ministry of provincial level in Vietnam is
Tourism and the Office of highly centralized in the Vietnam
Tourism Development. This National Tourism Administration
comprises 5 bureaus: (i) the (VNAT), and embedded within a
Bureau of General long-term policy planning
Administration; (ii) the Bureau of framework with a 15 year time-
Policy and Strategy; (iii) the frame. Within this policy
Communication and Information framework, the planning
Technology Center; and (iv) framework for programme
International Relations Division. implementation follows a 5-year
timetable.
There are 75 Provincial Although there is an extensive
Tourism/Sports and Recreation network of provincial and city
Centers which play a supporting tourism administrations
role in policy formulation, throughout Vietnam, most
planning and programming. provincial and city
At the provincial level, the administrations lack the
provincial governors are required necessary skills to undertake
tourism policy, planning and
to follow the national tourism
policies, plans and programmes programming at their level at the
and adapt these to their own present time.
 Variable Cambodia
the provincial offices have only
limited tourism planning and
programming capabilities and are
generally not engaged in the
tourism policy, planning and
programming framework other
than as implementers.
Planning The actual work is undertaken by
and Policy the technical division of the
Formulation MOT that comprises 7 provincial
Process departments: (i) Planning; (ii)
Marketing and Promotion; (iii)
Tourist Industry Regulation; (iv)
Training; (v) Cultural Tourism
Development; (vi) International
Cooperation; and (vii) Statistics
and Information. The results of
the collaboration are then put to
the Royal Cambodian
Government for its endorsement
through the Minister’s Council
via the CANTA.
The technical division of the
MOT also undertakes the
preparation of all regional and
provincial level tourism planning
and programming based on the
principles and guidelines of the
national tourism policies, plans
and programmes. In preparing
provincial tourism plans and
programmes, emphasis is given
to: (i) determining the respective
provincial policies, plans and
programmes in the context of the
national tourism policies, plans
and programmes; (ii) ensuring
that all development measures
are sustainable; and (iii) building
the capacity of provincial tourism
administrations to implement
China
and programming competence as
a result of GXTA or YPTA
training programmes,
secondment of staff, and long-
term familiarity with a In general, tourism policy,
centralized policy planning
process. Despite this, the
prefectures, cities, and counties
are rarely consulted in the
formulation of provincial wide
tourism policy, planning and
programmes, and when they do
participate, do so within the strict
guidelines marked by a highly
centralized and top down
approach.
At the provincial level, the basic
approach to the formulation of
tourism policy,
planning and programming
comprises: (i) broad regional
tourism development policy
guidelines and long-term
planning framework by the China
National Tourism Administration
(CNTA); (ii) policy inputs from
the respective People’s
Governments; (iii) formulation
by the GXTA or the YPTA of
draft policies, plans and
programmes that reflect the
inputs of the CNTA and People’s
Government, but also the points
of view of various public
organizations, prefectures, cities,
academics and experts; (iv) the
draft provincial tourism policies,
plans and programmes are then
subjected to an ‘expert’s review’
that includes representatives from
the People’s Government, the
Party, and related provincial
government agencies, and the
CNTA before being finalized for
submission to the province’s
People’s Government for
promulgation.
Laos PDR
implement programmes under
the approved national policies
and plans with adjustments for
provincial government concerns.
planning and programming skills
are quite limited at the provincial
office level – a major barrier to
the implementation of pro-poor
tourism policies, plans and
programmes.
The Planning and Cooperation
Department of the LNTA is in
principle responsible for
preparing policies, plans and
programmes at the national and
regional level for approval by the
Minister and the Prime Minister
and Cabinet. The basic process
used to develop policy, plans and
programmes is to prepare draft
documents (usually with donor-
based expert assistance) using a
range of consultative processes
such as workshops, one-on-one
consultations, and comments on
tourism policy, planning and
program proposals. The LNTA
then seeks comments and
opinions on the drafts from the
related ministries, provincial
governors, and other institutions.
The comments and opinions are
then integrated into the draft
policies, plans and programmes
and referred to the Prime
Minister’s Office by the Minister
for Tourism, for official
endorsement. Once draft policies
and plans are approved, the
LNTA is responsible for
programming the implementation
of the policies and plans at the
national level, and at the
provincial level, through the
provincial tourism bureaus.
62
Myanmar Thailand
tourism policy, planning and situations for implementation.
programming and decision
making.
The process for policy and plan The Bureau of Policy and
formulation, approval and Strategy within the Office of
implementation is similar to that Tourism Development takes the
in Lao PDR but is more lead in tourism policy, planning
centralized and requires the and programming. The policy
approval of the SPDC. formulation process involves
nine inputs: (i) national policy;
(ii) programmes and projects at
the national ministerial (sectoral)
departmental and organization
level; (iii) regional and
subregional policy; (iv) existing
sectoral policy; (v) results of data
and information analysis; (vi)
priority area policies; (vii)
provincial and local district
policies; (viii) the willingness of
a province within a region to
work within a national
framework; and (ix) the
feasibility of the policy
formulation from an
implementation point of view.
Integration and coordination of
national with local tourism
planning is achieved through the
following process: (i) the Office
of the Permanent Secretary of the
Ministry of Tourism and Sports
with the assistance of the Office
of Tourism Development and the
Tourism Authority of Thailand
provide the basic guidelines for
the formulation of provincial
Vietnam
The process of formulating
tourism policy, planning and
programmes at the national and
provincial level is led by the
VNAT’s Planning and Finance
Department and is mandated by
the Tourism Law. The overall
approach to policy, planning and
programme development may be
characterised as follows: (i)
under its legal mandate, the
VNAT leadership calls for the
formulation of the required
national, regional or provincial
tourism policy, plan and
programmes on a periodic basis;
(ii) the Tourism Research
Institute (TRI) - an attached
agency of the VNAT- undertakes
the necessary research and
consultations with affected
stakeholders; (iii) the VNAT
studies the report and may seek
further inputs from key
government agencies and the
provinces where involved; and
(v) once agreement is reached,
the VNAT puts the policy, plans
and programmes forward to the
Government for its consideration
and endorsement.
Once endorsed by the
Government, all responsible state
agencies, as well as economic,
Variable Cambodia
provincial tourism plans and
programmes. All projects at the
national and regional level under
the national and provincial level
tourism policy, planning and
programming framework are
under the regulation of the
Ministry of Tourism. The
national and provincial tourism
policies, plans and programmes
should be reviewed, revised and
updated every five years.
Tourism The overall policies to promote
Policies the development of tourism are:
liberalized air, land and water
transportation policies; visa on
arrival/exemption for the
Cambodians living abroad;
strengthening/widening the
regional tourism cooperation;
control of negative impacts of
tourism; reducing tourism
economic leakages; increasing
international tourism arrivals by
20% to 30% annually to 2010;
and stimulating the development
of domestic tourism.
China
Guangxi Zhuang Autonomous
Region: The Guangxi tourism
industry development plan (2006-
2010) focuses on scenic spots
through routes with distinct
characters. It aims to accelerate
poverty alleviation, increase
employment and enlarge
Guangxi’s influence in China and
abroad through tourism.
The key features of the
framework for development
include a central role for Guilin
in Guangxi’s tourism
development, and the
development of north-south and
west-east “golden tourist belts.
Yunnan Province: The focus of
Yunnan Province’s 10th (2001-
2005) and 11th Five Year (2006-
2010) Plans is to strengthen the
competitive forces in Yunnan
tourism and to use tourism to
Laos PDR
Tourism has been identified as
one sector that can contribute
significantly to poverty reduction
and national development in the
Government’s 2004 National
Growth and Poverty Eradication
Strategy that calls for: (i)
promoting community-based
tourism; (ii) developing small-
scale infrastructure; (iii) capacity
building for tourism –related
micro enterprises and
communities giving special
consideration to participation of
women and ethnic minorities and
micro-enterprises; (iv) providing
training in marketing and
ecotourism; and (v) promoting
community-based tourism
networks in the country and in
the GMS subregion.
63
Myanmar
Within the context of the Five
Year National Economic Plan
(NEP) 2001/02-2005/06, the
primary policies of the State
Peace and Development Council
and the Government are to
encourage the systematic
development of the hotel and
tourism industry by: (i)
encouraging local and foreign
investment in the industry; (ii)
creating investment opportunities
on a large scale for
entrepreneurs; (iii) planning the
development of Myanmar as a
world renowned destination; (iv)
improving the quality and
standard in the industry through
training; (v) using tourism as a
regional development tool with
special emphasis upon improving
living standards and job
opportunities; and (vi)
cooperating with other ASEAN
Thailand Vietnam
tourism policy, planning, and political, social, and professional
programme formulation to the organizations, People’s armed
Provincial Administration Board forces, units and individuals are
that is chaired by the Provincial required by law to implement the
Governor; (ii) the Provincial related policies, plans and
Administration Board briefs the programmes
Provincial Tourism Promotion
Board which is also chaired by
the Provincial Governor with
participation of the Director of
the Ministry’s Provincial
Tourism, Sports and Recreation
unit as a member and Secretary;
(iii) the Provincial Tourism
promotion Board creates a
subcommittee which creates a
series of working groups that
work on formulating various
elements of the provincial
tourism policy, plans and
programmes. The formulation
process includes extensive
workshops, one-on-one, and
public consultations with
stakeholders in the public,
private, community, and NGO
sectors.
Tourism is identified as one of The overall policy of the
the ‘National Agenda’ sectors to Vietnamese Government for the
contribute to the national development of tourism is to use
development goals by the 9th its outstanding natural, cultural
National Economic and Social and historic heritage to: (i)
Development Plan (2002-2006). generate foreign exchange,
In this context, the policy is to income, and employment; (ii)
co-opt tourism to contribute to: connect Vietnam more closely
(i) more rapid economic recovery with its neighbours in the GMS:
with stability; (ii) strengthening (iii) develop the full potential of
of grassroots economies; and (iii) the Indochina tourist area
alleviating social problems. (Vietnam-Lao-Cambodia); and
A key development is the (iv) raise the standards of living
of the population, especially the
adoption of a decentralized style
of national development based on poorer and disadvantaged sectors
the use of a ‘CEO Governor’s of society.
Management System’ in which
the provinces have high levels of
autonomy within national policy
guidelines that include the
preparation of sectoral strategies.
However, the provinces are
responsible for detailed planning
Variable Cambodia
Tourism A new tourism law has been
Regulations drafted that consolidates the legal
framework governing: (i) the
regulation (licensing, duties and
responsibilities) of tourism-
related enterprises; (ii) the
supervision of the development
of tourism including tourist
safety, security and tourist duties
while in-country; (iii) the
creation, maintenance, and
monitoring of a Tourism
Marketing and Promotion Board;
and (iv) the provision of an
incentive and quality assurance
scheme. This law is being
finalized for submission to the
National Assembly in 2005.
The provision of fiscal and other
incentives for investment in
tourism is covered by the
Investment Law of Cambodia
that is administered by the
Cambodian Investment Board.
The Board is supported by the
Cambodian Council for
development that provides a one-
stop information service resource
on investment opportunities in
the country with provisions for
applying for investment licenses
on-line.
China
build Yunnan into an
economically-developed
province.
The overall policy for the
development of the tourism
sector is to develop the province
to be the leading sustainable
tourism destination in Asia, using
its unique and outstanding natural
and cultural diversity to
contribute to socio-economic
development and environmental
protection.
A basic law governing tourism at
the national level is in the process
of being promulgated. This law
draws together several other laws
and regulations that have evolved
over time.
At present, the provincial level
laws and regulations (adopted in
1997) cover travel agency
licensing and management,
lodging establishment licensing,
classification and operations, tour
guiding, holiday resort
development and management,
tourist commodity production,
management and sales, and
border tourism with Vietnam,
Myanmar and Lao PDR.
Additional laws have been passed
since 1999 covering the
management and protection of
tourism resources; the facilitation
of travel to and within the
province; investment in tourism
and creation of a more liberal
environment for the promotion
and development of the tourism
sector including establishment of
investor’s rights under the WTO
protocols.
Although recommended as a
priority action in the Yunnan
Provincial Master plan, there are
no plans at present to consolidate
Laos PDR
The legal framework for the
tourism sector comprises a set of
decrees issued by the Prime
Minister covering the regulation
of Hotels and Guest houses
(Decree 159), Travel Companies
(Decree 1150), Tour Guides
(Decree 626), and the regulation
of the entry and exit of tourists
(Decree 81). Restaurants and
tourist retail establishments are
regulated at the provincial and
district level. The entry of
tourists is governed by
Immigration and Customs
decrees and regulations that
include visa on arrival facilities
for nationals of most countries.
The entry and stay of tourists in
Lao PDR is regulated by the
Consular Department of the
Foreign Ministry, and the
immigration, customs, and
security organizations.
A new tourism law is before the
National Assembly for approval
in 2005 that (i) consolidates the
existing decrees and ordinances;
(ii) provides for the creation of a
National Tourism Council to
coordinate tourism matters
between government agencies;
(iii) mandates the creation of a
Tourism Marketing and
Promotion Board; and (iv)
64
Myanmar
and neighboring countries on
regional tourism issues.
The tourism sector is regulated
by the Myanmar Tourism Law of
June 1990 and the Myanmar
Hotel and Tourism Law of
October 1993 and associated
regulations covering: (i)
procedures relating to the
Myanmar Tourism Law; (ii)
order for licensing of hotel and
lodging-house businesses; (iii)
order for licensing of tour guide
businesses; (iv) order for
licensing tourist enterprises; and
(v) order for licensing tourist
transport services. The
procedures relating to the
Myanmar tourism law contain
regulations relating to the
issuance of licenses and the
rights and obligations of license
holders in tourism and tourism-
related enterprises. At present,
there are no plans to revise the
existing tourism laws and
regulations.
Thailand
and implementation.
The main laws and regulations
governing the tourism sector in
Thailand are: (i) the New Hotel
Act B.E. 2547 (2004) (30 Sep
2004) sets out rules and
regulations governing the
operation of the hotel business in
Thailand; (ii) the Travel Agency
Business and Guide Act B.E.
2535 that regulates the licensing
and operation of travel
companies; (iii) The Motor
Vehicle Act, B.E. 2522
(A.D.1979) that regulates the
activities of tourist vehicles; and
(iv) the Entertainment Business
Act B.E. 2509 designed to
control the entertainment
business in Bangkok and
Thonburi province. There are no
plans at this point in time to
consolidate the current acts into a
single tourism law. However, the
formulation of a long-term plan
for the development of tourism in
Thailand may be expected to
require the promulgation of a
consolidated law covering the
tourism sector.
Vietnam
The legal framework for the
tourism sector is currently
covered by “The Tourism
Ordinance” of 8 February 1999.
The ordinance covers: (i) the
scope and applicability of the
ordinance; (ii) provisions for the
protection, use and development
of tourism resources; (iii)
policies for the promotion of the
tourism sector by the state; (iv)
the rights and obligations of
tourists while in the country; (v)
the licensing, and operation of
tourist enterprises and tour
guides; (vi) international
cooperation in tourism; (vii) the
roles and responsibilities of the
state administration of tourism;
(viii) provisions and penalties for
infractions of the Ordinance; and
(ix) implementing provisions.
There are also a host of
government decrees and local
ordinances covering the
operation of the National
Administration of Tourism
(Resolution 45/CP 22 June 1993)
and regulation of tourism-related
enterprises.
Efforts to assemble all the
decrees and ordinances into a
single legal framework for
Vietnam have been ongoing
since 2001. The draft “Law on
 Variable Cambodia
Tourism A formal Tourism Development
Strategies Plan sponsored by ADB is in
and place for period 2001-2005 but
Programmes has not been officially approved
by the National Assembly. The
goals of this plan are poverty
alleviation and sustainable
development of tourism
resources. The primary
objectives of the plan are to: (i)
generate awareness among
government officials and citizens
about the role of tourism in
sustainable development and
redefine the tourism planning
structure in Cambodia; (ii) assist
MOT in reorganizing itself to
effectively implement the plan;
(iii) diversify and enhance the
tourism product away from Siem
Reap; (iv) and adopt a
‘destination management’
approach to the development
triangle of Siem Reap/Phnom
Penh/Sihanoukville Coastal Zone
and Northeast Ecotourism Zone.
China Laos PDR
and rationalize the many laws includes new elements related to
pertaining to the tourism sector in pro-poor tourism including
Yunnan province. ecotourism and public opinion
and awareness generation.
The tourism sector is included in There are two draft Tourism
the 10th and 11th Five Year Sector Plans currently in
provincial planning framework. existence. The National Tourism
In addition, the province has a Development Plan for Lao PDR
detailed 20-year tourism sector was prepared by UNDP /WTO in
plan for the period 2001-2020. 1998 for the period 1999-2013.
The more recent Draft National
Tourism Development Strategy
The primary strategies to achieve for Lao PDR 2005-2015 was
the tourism development prepared with the support of the
objectives and targets include ADB. The Government has not
giving emphasis to: (i) the
officially approved either
prioritization of the development
document at this point in time.
of tourism resources, facilities
and services in the context of six There is also a Draft National
regions within the province; (ii) Ecotourism Strategy and Action
Plan 2004-2010.
the development of related tourist
access and infrastructure; (iii) The main strategies being
marketing and product pursued to achieve the goals,
development; (iv) human objectives and targets are to: (i)
resources development; (v) introduce policies and procedures
managing the social, to ensure sound governance in
environmental and economic the tourism sector; (ii) conduct
impact of tourism; (vi) high-quality training programs to
developing the organization and improve the quality of tourism
management of tourism; and (vii) services and product
promoting investment in and diversification; (iii) offer a
planning of tourism. unique experience based on Lao
culture and natural environment
in order to differentiate Lao PDR
from other destination countries
in the subregion; (iv) encourage
tourists to visit areas outside the
traditional tourist centers; (v)
identify and develop products
such as handicrafts, agricultural
produce and furniture to promote
export of Lao products; and (vi)
position Lao PDR as a premier
ecotourism destination.
65
Myanmar
There is currently no approved
development plan for the tourism
sector, only a rolling one-year
tactical plan and programme.
The strategies for achieving the
tourism development objectives
and targets are to (i) draw up a
tourism master plan integrating
with national economic plans; (ii)
encourage active private-public
partnership in developing
infrastructure by giving
incentives and tax relief; (iii)
launch aggressive marketing
campaign to enhance Myanmar’s
image as a safe and unspoiled
tourist destination; (iv) promote
development of infrastructure on
bilateral arrangement with
neighboring countries and with
private foreign and local
investors; (v) develop Myeik
Archipelago systematically and
promote it as an unspoilt marine
park in Southeast Asia; (vi)
attract more local and foreign
investment for development of
international standard hotels in
border areas and beach resorts;
(vii) promote GMS cross-border
overland tours; (viii) plan and
promote establishing air routes
linking key tourist sites or capital
cities of GMS countries; and (ix)
establish Myanmar as a link with
GMS countries with India and
other West Asia countries.
Thailand
The Ministry of Tourism is
currently developing a National
Tourism Sector Development
Plan for the period 2004-2008 for
Thailand with the assistance of
the WTO. This Plan will serve
as the framework to guide the
provinces in preparing detailed
plans and programmes for the
tourism sector. The goal of the
MOT is to develop tourism as a
major industry with sustainable
growth. The primary objectives
are to: (i) position Thailand to
become the “Tourism Capital of
Asia”; (ii) disseminate income
more widely; and (iii) provide
greater impetus to community
development.
Three main strategies are
suggested to achieve the goals
and objectives for the tourism
sector under the 2004-2008 draft
Plan: (i) Increasing the
competitiveness of the tourism
sector in local and international
markets; (ii) upgrading existing
and developing new
products/services; and (iii) taking
a more holistic approach to the
management of tourism
development. The draft Plan is
expected to be finalized by mid
2005.
Vietnam
Tourism” is now in its 6th draft
revision. It is noted that earlier
drafts included specific
provisions for the development
of pro-poor community tourism
in remote and rural areas but
these provisions have been
removed from the 6th draft.
The official plan for the
development of tourism is the
Master Plan on Tourism
Development in Vietnam Period
1995-2010, produced in 1994.
This document continues to
guide the VNAT in its plans and
programmes.
Other planning documents have
been prepared including an
update of the 1990 WTO/UNDP
Tourism Master Plan in 1998.
However, this document has not
been officially endorsed and is
used to provide a longer-term
perspective with a view to
incorporating relevant elements
into the next 15-year plan.
The overall strategies of the
Master Plan on Tourism
Development in Vietnam (1995-
2010) are: (i) improving the
existing organization and
management structure; (ii) fine
tuning mechanisms and policies
to promote tourism sector
growth; (iii) enhancing tourism
marketing and promotion
activities; (iv) improving tourism
human resources capacities; (v)
promoting applied research in
tourism and the application of
science and technology; (v) to
protect the tourism assets of the
country and control adverse
social impact of tourism; and (vi)
to proactively pursue
international economic
integration and cooperation at the
regional and subregional level.