Act of the Republic of Belarus «About tourism» (extracts)
of November 25, 1999 № 326-3
Adopted by the House of Representatives on November 10, 1999
Approved by the Council on November 18, 1999
(in Edition of Laws of the Republic of Belarus dated January 9, 2007 №206-3 and
June 16, 2010 № 139-W)
Article 1. Main terms used in this Act and their definitions
(in Edition of Laws of the Republic of Belarus dated June 16, 2010 №139-W)
(read the text of the previous edition)
The following terms and definitions are used in this Act:
guide-translator - an individual with appropriate qualification for making tours in foreign languages;
travel itinerary - the planned by a tourist or a sightseer rout with the list of main places that a tourist or a sightseer visit during the travel tour;
non-residents of the Republic of Belarus - individuals who have a permanent place of residence outside the territory of the Republic of Belarus, as well as legal entities and organizations that are not legal entities, located outside the territory of the Republic of Belarus, created in accordance with the laws of foreign countries;
subjects of tourist activity - tour operators, travel agents;
subjects of tourism industry - parties to tourism industry, as well as other legal entities, individuals, including individual entrepreneurs engaged in activities related to the satisfaction of tourists', sightseers' needs emerging at the time of the tourist travel and (or) in connection with the travel tour;
travel tour - a complex of tourist services formed by the tour operator that includes at least two of three types of following services: transfer, accommodation and other tourist services (nutrition, travel trip organization, excursions and other services) that are not connected to such services as transportation or accommodation and that allow to make a tour;
agency activities - a business activity of legal entities or individuals (travel agents) to promote, implement tours formed by tour operators - Residents of the Republic of Belarus, the participants of tourism activities, as well as to provide certain services related to the organization of travel tour;
tourism - a tourist tour and activities of legal entities and individuals to its organization;
tourist - an individual who makes a travel tour for more than 24 hours or having at least one overnight stay in a foreign country;
tourist activity - tour operator and travel agency activities;
tourist area - a part of the territory of the Republic of Belarus with precisely defined boundaries that have one or more tourist resources included in the State cadastre of tourist resources of the Republic of Belarus and that is created for the development of inbound and domestic tourism;
tourism industry - a set of objects for tourist accommodation, transportation, catering that also includes facilities and resources of entertainment, recreation, business, education and other that are created to satisfy the tourists' needs;
tourism resources - natural, social and cultural facilities, including immovable historical and cultural values that satisfy spiritual needs of tourists, sightseers and (or) strengthen and restore their health;
tourist services - transfer, accommodation and other services (nutrition, travel tour organization, excursions and other services) that are non-related services to transfer or accommodation, the provision of which in a complex of services included in the tour helps to make travel tour in accordance with its aims and the needs of tourists, sightseers;
tourist trip - an organized tour (travel, staying) of individuals to the places that are located outside their main place of residence with leisure, cognitive and other purposes without labor, business, other income-generating activities, that are paid and (or) make profit (income) from the source of the visited country (place);
tour operator activities - business activity of legal entities (tour operators) to form, promote, implement the travel tours including the tours formed by other tour operators that can be non-residents of the Republic of Belarus and that provide certain services related to organization of travel tour;
members of tourist activity - tourists, sightseers, and those who are going to book, who are booking and those who have already booked the travel services for the purposes not related to business activities, legal entities, individuals, including individual entrepreneurs;
sightseer - a person who makes a tour without spending the night in the country (place) of temporary stay;
excursions - activities of the subjects of tourism, as well as other legal entities and individuals, including individual entrepreneurs to prepare, organize and make tours;
tour - a travel journey of individuals that takes less than 24 hours during which tourists visit resources having artistic, historic;
guide - an individual with appropriate qualification for making tours.
Article 2. Tourism legislation
(as amended in June 16, 2010 №139-W)
(read the text of the previous edition)
Tourism legislation based on the Constitution of the Republic of Belarus and consists of the Civil Code of the Republic of Belarus, the present Act and other acts of legislation.
Articles 2-1. Incidence of the Act
(came in force by the Law of the Republic of Belarus of June 16, 2010 №139-W)
This Act regulates social relations emerging during the following processes:
implementation of tourist activities by legal entities and individuals;
making travel tours by individuals;
organization and ensuring of security in tourism.
Article 3. Organizational forms of tourism. Types of tourism
Organizational forms of tourism are international and domestic tourism.
International tourism consists of:
Outbound tourism - a type of tourist activity when citizens of the Republic of Belarus, as well as foreign citizens and stateless persons permanently residingin the Republic of Belarus live the territory of the country;
Inbound tourism - a type of tourist activity when foreign citizens and stateless persons except for those who are permanent residents in the Republic of Belarus travel within the territory of the Republic of Belarus.
Domestic tourism - a type of tourist activity when citizens of the Republic of Belarus, as well as foreign citizens and stateless persons permanently residing in Republic of Belarus travel within the territory of the Republic of Belarus.
Some specific features of the process of organization of certain types of tourist activities (farm tourism, amateur, social, environmental and etc.) are regulated by legislation.
Article 4. State regulation in tourism
The President of the Republic of Belarus, the Parliament of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, the Ministry of Sports and Tourism of the Republic of Belarus, the local councils of deputies, the executive and administrative bodies and other public authorities within their powers carry out the state regulation of tourist activities according to the legislation.
Article 5. Basic principles of state regulation in tourism
The main principles of state regulation in the tourism sphere are:
protection of the rights and lawful interests of individuals, including the ensuring their security;
development of tourist activities and expansion of trade of travel services;
support of small businesses in the tourism sphere;
development of competition, prevention, control and suppression of monopolistic activity on the tourist market;
transparency and openness of the development, adoption and application of state regulation in the field of tourism.
Article 6. Main objectives and priorities of state regulation in tourism
The main objectives of state regulation in the tourism sphere are:
ensuring the rights of individuals to have rest, have freedom of movement and other rights that are implemented in the field of tourism;
forming the positive image of the Republic of Belarus as the country that is attractive for tourists and sightseers;
ensuring the accessibility of tourism;
rational use of tourist resources;
create the needed conditions for the exchange of goods, works and services in the tourism sphere in accordance with the international treaties of the Republic of Belarus that meet the interests of the participants of the tourist activity and the subjects of the tourist activity;
development of tourist areas;
development of international contacts.
The main directions of state regulation in the tourism sphere are support and development of the tourist industry, international inbound and domestic tourism.
Article 6-1. Foreign trade of tourist services
The foreign trade of tourist services includes export and import of tourism services.
Export of tourist services is the foreign trade of tourist services through their provision to foreign customers by Belarusian executors.
Import of travel services is the international trade of tourism services through their provision to Belarusian customers by foreign executors.
Article 7. Inter-agency expert-coordination council on tourism under the Council of Ministers
The Inter-agency expert-coordination council on tourism under the Council of Ministers of the Republic of Belarus was established in order to improve interaction of government bodies, public associations, members of tourist activities and tourist industry for the creating of favorable conditions for sustainable development of tourism in the Republic of Belarus, for increasing its economic efficiency, for creating of competitive environment, for protection of the domestic market of tourist services, and for making different recommendations.
Article 8. State and local tourism development program
The Ministry of Sports and Tourism of the Republic of Belarus develops the state tourism development programs. Then they are approved by the Council of Ministers of the Republic of Belarus.
Local tourism development programs are developed by the local executive and regulatory authorities and approved by the local Councils of Deputies.
Article 8-1. Tourist Information Centres
The tourist information centers are established in order to favor international and domestic tourism, to promote the formation and distribution of information about the Republic of Belarus and its tourist potential.
The tourist information centers are created by local executive and regulatory authorities and other organs in accordance with the law.
STATE CADASTRE OF TRAVEL RESOURCES
OF THE REPUBLIC OF BELARUS. TRAVEL ZONES
Article 9. State cadastre of tourism resources of the Republic of Belarus
In the Republic of Belarus there is the state cadastre of tourism resources of the Republic of Belarus that contains information about the status of these resources, their geographical location and boundaries, nature, scientific, economic, environmental and cultural values, as well as about the ways of the protection of the resources.
Article 10. Creation of tourist zones
The tourist zones are created according to the proposals of governmental agencies, legal entities and individuals.
The Council of Ministers of the Republic of Belarus in coordination with the President of the Republic of Belarus on the basis of conclusions of the Ministry of Sports and Tourism of the Republic of Belarus, the Ministry of Natural Resources and Environment of the Republic of Belarus, the local executive and administrative authorities approve the decision to create the tourist zone. The procedure of creation of tourist zones is defined by the Council of Ministers of the Republic of Belarus.
Article 11. Priorities, conditions and characteristics of implementation of activity in the tourist areas
The president of the Republic of Belarus determines the priorities of any tourist activities, conditions and specific features of their implementation.
Travel and other activities not prohibited by law, carried out in the tourist areas, must not impede the goals of creating the tourist areas.
Article 12. Licensing of tourism activities
Licensing of tourist activities is carried out in accordance with the legislation on licensing.
Article 13. Rights and obligations of tourist activity
The participants of tourist activities have the right to:
get necessary and precise information about travel tour and other information that is provided for stipulate by the legislation on consumer protection, and in the sphere of international tourism - information that is determined in section 4 of Article 14 of this Act;
have freedom of movement, free access to tourist recourses according to the restrictive measures established in the country of temporary stay;
be sure of safety of tourist services provided by the subject of tourist activity;
to get refund from the subject of travel services in ways and in cases determined by law;
Participants of tourist activities are obliged to:
comply with the legislation of the country (place) of temporary residence, to respect its political and social systems, customs, traditions and religion;
take care of environment, historical and cultural values;
abide by the customs regulation of a country of temporary stay (transit countries);
abide by the rules of personal safety;
fulfill the terms of the travel services agreement.
The participants of tourism activities may have other rights and carry out other obligations in accordance with the law.
Article 14. The rights and obligations of the subjects of tourist activity
The subjects of tourism have right to:
promote and implement of tours in accordance with this Act and other legislative acts;
receive information that is necessary for caring out the tourist activity in the governmental institutions and other organizations in accordance with the legislation;
participate in programs for tourism development;
provide other travel services that are related to the formation of travel tour.
The subjects of tourism are obliged to:
take necessary measures to ensure the rights and lawful interests of the participants tourist activities;
provide participants with the necessary and reliable information about the tour and other information under the legislation on consumer protection;
ensure the safety of tourist services;
refund to a participant of tourist activity all suffered losses or damage;
fulfill the terms of the tourist services agreement.
Article 15. Tour formation and promotion
The formation of a travel tour includes making of a tour's program and formation of a complex of tourist services, allowing to perform the tour.
The tour's program contains the following information:
itinerary, date, start/end time of a tour;
information concerning arrival and departure of tourists and their accompanying;
information concerning vehicles' characteristics that carry out transfer services and the timing of connection flights;
places of tourists' accommodation with their location, classification or other information under the law of the country (place) of temporary residence;
list and description of other provided tourist services.
Article 16. Process of tour selling
The tour selling to a subject of tourist activity is carried out on the basis of commission agreement or other agreements not prohibited by the law.
Article 17. Tourist services agreement
Under the tourist services agreement the executor (the subject of tourist activities) is obliged following the customer's instructions (participants of travel activities) to provide the customer the tourist services, and the customer agrees to pay for them. The tourist services agreement operates under the same laws as the Act of compensated rendering of services.
Article 18. Excluded.
Article 19. Quality of tourist services
Quality of tourist services must comply with the Tourist services agreement, meet requirements of technical regulations in the field of technical regulation and standardization, and in case of their absence or incompleteness - meet requirements that are usually imposed on services of the appropriate type.
Article 20. Unilateral refusal to fulfill obligations under the Tourist services agreement
The customer has a right to refuse to fulfill the obligations under the Tourist services agreement if the customer refunds to the executor all actually incurred costs.
The executor has a right to refuse to fulfill the obligations under the Tourist services agreement only in case of full compensation of damages to the customer.
SELECTED ISSUES OF EXCURSIONS ORGANIZATION
Article 21. Excursions services
Excursions are made under -
the Tourist services agreement when it is the part of the complex of travel services that are provided at the time of the travel tour, or is connected with it;
the Agreement on providing excursions services when it is carried out through only provision of services of guides, tour guides and translators, and other persons having the right to make tours, including the use of vehicles.
Article 22. Excursions in the Republic of Belarus
All excursions on the territory of the Republic of Belarus are carried out by tour guides and translators having professional certificates and proving their qualifications.
Article 23. National register of guides and guide-translators of the Republic of Belarus
In the Republic of Belarus there is the National register of guides and guides-interpreters that includes the information about all guides and guide-translators that have received the professional certificate and have proved their qualification.
SECURITY IN TOURISM
Article 24. General security issues in tourism
Security in the tourism sphere means the ensuring of safety of life, health, property of tourists and sightseers, the avoidance of environmental damage during the travel tour.
President of the Republic of Belarus Alexander Lukashenko