The case of 2 people dying when catching clams: Is the management board of the tourist area responsible?

As reported, on May 20, a delegation of about 50 people including parents and students of a private school in Hanoi came to visit and experience Xuan Thuy National Park in Giao Thuy district, Nam Dinh province. During the tour, the boat took the delegation to the sandbank between the Red River and Tra River for the students to experience clam catching. At dusk, an incident occurred when the river water rose, causing many students to collapse and be swept away by the water. Go.

The incident resulted in the death of a parent and a student.

In this case, Dan Tri readers wonder, can the management of Xuan Thuy National Park’s tourist area be held responsible?

According to the research of PV Dan Tri, based on the Prime Minister’s Decision No. 01/2003/QD-TTg dated January 2, 2003, the main objectives and tasks of Xuan Thuy National Park are clearly stated in Clause 3. Article 1. Specifically:

Conserve the typical wetland ecosystem of the Red River estuary, the typical animal and plant species of the wetland ecosystem, especially aquatic species and water birds and migratory birds. Serving for scientific research, environmental education and ecotourism development. Building material and technical foundations, serving training, scientific research and environmental education, develop eco-tourism, contribute to socio-economic development, create jobs for local communities.

The website of Xuan Thuy National Park has the address www.vuonquocgiaxuanthuy.org.vn, clearly post types of tourism services. In which, clearly stated the services of renting boats and canoes to serve ecotourism sightseeing activities.

Is the management board of Xuan Thuy National Park responsible?

Answering the concerns of Dan Tri readers, lawyer Hoang Trong Giap – Director of Hoang Sa Law Firm, Hanoi Bar Association said that, according to Clause 15, Article 3 of the 2017 Tourism Law, tourist areas Experiences, farms and similar tourist sites are often classified as ecotourism. Ecotourism is a type of tourism based on nature, associated with local cultural identity, with the participation of the local community, combined with education on environmental protection.

The common feature of this type is to create a unique experience for visitors through engaging in activities that interact with nature, local culture, and sometimes engaging in farming or herding activities. feed.

In order to exploit and operate tourism business in the form of experience tourism, farm areas, etc., business organizations and individuals need to comply with the legal provisions on tourism specified in Articles 26 and 29 of this Law. on conditions for recognition of tourist resorts and management of tourist resorts.

Specifically, Article 29 of the 2017 Law on Tourism records the management of tourist areas as follows:

“1. Contents of tourist area management include:

a) Management of planning and development investment; b) Manage business activities of tourism services, activities of tour guides; c) Manage the investment, exploitation and protection of tourism resources; d) Ensuring safety for tourists; ensure social order and safety, and protect the environment in the tourist area;

dd) Build a system of signs, signposts, information points to serve tourists;

e) Other contents as prescribed by law”.

Thus, it can be seen that in order to operate a tourist resort business, individuals and organizations most need to ensure safety, security and health for visitors by providing services, equipment and facilities. safe; Take measures to protect the environment and maintain the sustainability of the experience area; Meet hygiene and food safety requirements if agricultural or livestock operations are involved.

Regarding sanctions, if tourist areas do not meet the conditions mentioned above, they will be handled according to the provisions of Decree No. 45/2019/ND-CP of the Government on sanctioning of administrative violations in the field of tourism. tourism. Accordingly, if it is determined that the act of failing to warn the risk of causing danger to tourists, the management board may be fined 5-10 million VND according to Article 6 of this Decree.

In case it is determined that the management board has committed violations of regulations on tourism product business that are at risk of affecting the lives and health of tourists, depending on the verification results, a high fine will be imposed. The maximum that can be applied will be up to 50 million VND.

In addition, due to the fatal consequences that occurred in this incident, the authorities will conduct verification and determine whether the management board’s violations of the law in tourism activities are the cause of the accident. fatal consequences or not.

If it is determined that there is a cause-and-effect relationship between the administrative violation and the resulting death of 2 people, the investigating agency may prosecute a criminal case of Negligence causing serious consequences according to Article 360 ​​of the Code. Criminals 2015 to investigate and handle according to regulations.