"Sub-license" is baseless
According to the new regulations on welcoming guests to stay in Hoi An ancient town, the City People's Committee has clearly stated unprecedented business conditions. In particular, the regulation stipulates that business households providing accommodation and welcoming tourists in Hoi An ancient town must be Hoi An native residents, have a permanent address and actually live in the house where the activities are planned to be held. In particular, business households must achieve the title of "typical cultural family and have prestige in the local community, or be recognized as a cultural family for 3 consecutive years"...
In addition, Hoi An authorities also clearly stated that they prioritize and encourage households to organize their lives closely related to production and business activities in traditional industries and professions... Immediately, there were many controversial and opposing opinions.
Many opinions say that it is necessary for the government to have more new regulations on business conditions focusing on preserving and promoting the values of humane culture. However, requiring business households to "achieve the title of exemplary cultural family, or be recognized as a cultural family for 3 consecutive years" to be allowed to operate accommodation and receive guests in the Old Quarter is a sign of violating the law.
Responding to Lao Dong Newspaper, lawyer Le Cao - FDVN Law Firm, Da Nang - said that the regulations in the content of the announcement of Hoi An City People's Committee are completely new, and have not been regulated by any law.
“Hoi An City can make legislative recommendations so that the heritage city has a legal basis to help implement activities that contribute to protecting and preserving its unique cultural and historical values. But the regulations must have a solid basis. The “cultural family” certificate is just a certificate of recognition for the movement. It is not a legal document, but Hoi An has made legal regulations which is incorrect. It is against the law. Not to mention causing unfairness in business...” - said lawyer Le Cao.
Not feasible
Speaking with Lao Dong, Mr. Nguyen Van Lanh - Vice Chairman of the People's Committee of Hoi An City, Quang Nam - said that the whole city currently has 400 - 500 accommodation service establishments (homestay), outside the old town. In area 1 (core area), there is no such service.
According to Hoi An statistics, the old town alone has more than 1,200 ancient relics, of which 70% are privately owned. However, currently only about 20% of these are inhabited. The remaining houses have mostly been transferred to people from other places to do business and trade. This situation affects the "intangible cultural heritage". The old town has little vitality. In particular, rituals, customs, and spiritual life have faded.
With this latest regulation on accommodation organizations, Hoi An city not only wants to "tighten" the subjects, but also wants the households that welcome guests to be local people, have a real life and have made a deep contribution to the neighborhood where the family lives.
“Our wish is to create a unique new tourism product, to exploit the full potential of the old town,” Mr. Lanh further explained.
However, after nearly 5 months of pilot implementation, only 1 household in Hoi An ancient town registered for this type. Now, with some additional binding regulations, a conditional business form, like a “sub-license”, will certainly hinder households who want to do business in experiential accommodation services in the ancient town.
