LEGAL ISSUES IN DEVELOPING AGRICULTURAL CULTURAL TOURISM - A CASE OF THE NORTHERN MOUNTAINOUS PROVINCES OF VIETNAM

Abstract

Agricultural cultural tourism is emerging as a vital direction for sustainable development of cultural tourism in Vietnam, especially in the northern mountainous provinces, due to their rich agricultural landscapes, strong national cultural identity, and high levels of community participation. Despite significant opportunities, the practical implementation of this model faces major legal obstacles. Specifically, the current legal system has not yet established an integrated framework encompassing tourism, environment, land use, and cultural heritage; the regulations for recognizing agricultural tourism sites remain too rigid and inflexible; mechanisms for benefit sharing and community participation are not guaranteed; and tools to assess environmental impacts and carrying capacity of destinations have not been standardized. This article analyzes relevant regulations (the Tourism Law 2017; Environmental Protection Law 2020; Cultural Heritage Law 2024; and related decrees and decisions), reviews international studies and typical case examples from the region, and identifies the main legal gaps. On this basis, it proposes several solutions to improve the legal framework, including: establishing an integrated legal mechanism for agricultural cultural tourism; creating a certification scheme for “agricultural cultural tourism”; adopting policies to support benefit sharing with local communities; applying land use regulations more flexibly; and introducing a mechanism for environmental restoration deposits/guarantees.