Adopted by the Resolution of the Majlisi Namoyandagon of
Majlisi Oli of the Republic of Tajikistan
dated 24 June 2020, No.148
Approved by the Resolution of the Majlisi Namoyandagon of
Majlisi Oli of the Republic of Tajikistan
dated 5 August 2020, No. 63
This law governs social relations in the tourism sector and defines the organizational, legal, economic, social and cultural basis for the development and formation of this sector.
The following basic concepts are used in this Law:
Tourism is a diverse travel of citizens of the Republic of Tajikistan, foreign citizens, stateless persons, as well as occupation for the purpose of recreation, familiarization, visiting, commercial, sports, professional and other purposes (except for engagement in paid work) and temporary residence outside the permanent place of residence;
Tourist is a citizen of the Republic of Tajikistan, foreign nationals and stateless persons traveling from their permanent place of residence to another place of temporary residence for the purpose of recreation, familiarization, visiting, commercial, sports and other purposes related to travel;
Travel is the movement of people between geographical points;
International tourism is a type of tourism during which foreign nationals and stateless persons enter the territory of the Republic of Tajikistan for the purpose of tourism and nationals of the Republic of Tajikistan leave the country for the purpose of travel;
Domestic tourism is a type of tourism undertaken by citizens of the Republic of Tajikistan on the territory of the Republic of Tajikistan, in the course of which the appropriate service is organized;
Tourist service is a purposeful activity, which is carried out in the form of services, works and tourism products by the entities of tourist services to meet the demands, needs, moral, intellectual and physical interests of tourists or citizens who intend to travel within the country;
Tourist service entities are natural and legal persons and individual entrepreneurs who are engaged in the provision of tourist services within the country in the manner prescribed by the legislation of the Republic of Tajikistan;
Tourist products is a set of goods, works and services provided to meet the demands, needs and interests of tourists for a certain price;
Tour/Excursion is a type of service provided by a person with relevant professional skills and relevant knowledge in the form of a tour, informing and explaining to tourists about certain objects;
Tourist resources is a set of natural and climatic, recreational, educational, household and man-made resources and phenomena, objects of natural and recreational, cultural and historical and pilgrimage heritage on the territory of the Republic of Tajikistan, which attract the attention of tourists;
Sports and mountain tourism is a type of tourism associated with the organization of hiking trails in mountainous conditions;
Hunting and fishing is a type of tourism organized by tourism service providers in accordance with the procedure established by the legislation of the Republic of Tajikistan, with the involvement (participation) of citizens of the Republic of Tajikistan, foreign nationals and stateless persons;
Transit tourism is a type of tourism, carried out through the territory of an intermediate country to reach the country (place) of destination or return to a permanent place of residence;
Ecological tourism is a type of tourism carried out in a natural environment, the purpose of which is to observe the natural landscape, maintaining the environmental protection and the integrity of ecosystems;
Mountaineering tourism is a type of adventure tourism associated with climbing to high mountain peaks and their conquest;
Commercial tourism is a type of tourism carried out in order to obtain business and commercial benefits;
Educational tourism is a type of organized tourism for the purpose of familiarization and awareness of history, culture, civilization, customs and other national values, as well as for learning foreign languages, professions, advanced training and internships;
Recreational tourism is a type of tourism carried out for the purpose of recreation, relaxation, treatment, physical and spiritual recovery at the natural, cultural, and recreational facilities;
Family tourism is a temporary trip of a family (with or without children) or a group of several families from their place of residence to another place, which is carried out in their leisure time;
Historical and pilgrimage tourism is a type of tourism carried out for the purpose of visiting sacred historical, religious places (areas), awareness and doing good deeds;
Astronomical tourism is a type of tourism carried out for the purpose of travel by a group of astronomers, lovers of natural landscape and ecology under the guidance of an experienced specialist in tourism sector;
Business tourism is a tourist trip for official purposes to participate in certain events, improve knowledge, form partnerships and perform other official duties;
Sports tourism is a tourist trip carried out for the purpose of forming a healthy lifestyle, sports exercises and participation in sports events of different levels;
Adventure tourism is a tourist trip of a memorable nature in the form of kayaking, parachuting, horseback riding, cycling, ground transportation, aeronautics, skiing and other forms of occupation;
Exhibition tourism is a tourist trip undertaken for the purpose of showing and demonstrating achievements, capabilities, resources and their use;
Group tourism is an organized trip of two or more tourists combined with a single set of group services at the same time and along the same route;
Rural tourism is a trip to rural areas to get acquainted with the state and way of life, as well as with the customs and national traditions;
Agrarian tourism is a trip for the purpose of recreation in the natural environment of rural life, participation in economic activities, collection of ecologically clean products and their consumption, processing of agricultural products, knowledge of nature and its rational use;
Gastronomic tourism is a type of tourism organized for the purpose of familiarization with the national dishes and drinks, as well as the ways of their preparation and consumption;
Social tourism is various types of tourism aimed at access and empowerment of newly created entities of tourist services, supported by the state in the form of establishing tax incentives, financial and administrative assistance within the budget funds allocated for social needs;
Scientific and educational tourism is a trip to get acquainted with natural resources, historical and cultural monuments and modern achievements of science and technology;
State Register of Tourist Service Entities is a single state database covering information about tourist service entities and their activities;
State Cadastre of Tourist Resources of the Republic of Tajikistan is a list of natural objects, scientific, historical and cultural values, which are the national achievement of the Republic of Tajikistan.
Article 2. Legislation of the Republic of Tajikistan on tourism
The legislation of the Republic of Tajikistan on tourism is based on the Constitution of the Republic of Tajikistan and consists of this Law, other normative legal acts of the Republic of Tajikistan, as well as international legal acts recognized by Tajikistan.
Article 3. Objectives of this Law
The objectives of this Law consist of:
– ensuring the rights of citizens of the Republic of Tajikistan, foreign nationals and stateless persons to travel;
– defining the principles of activities in tourism sector;
– ensuring equal and competitive conditions for business entities in tourism sector;
– formation of the tourism system;
– taking measures to develop tourism;
– formation of services in tourism sector;
– organization of incentives in tourism sector;
– development of international relations in tourism sector;
– rational use of tourist resources and their protection;
– protection of the environment during tourist activities;
– ensuring the safety of tourists.
Article 4. State Policy in tourism
1. The state shall support the organization and development of the tourism sector, ensure equal and competitive conditions for the activities of tourist service entities, guarantee the protection of the rights and freedoms of tourist service entities and their access to tourist resources.
2. The state policy in tourism sector is carried out through the development and implementation of concepts, strategies and state programs.
Article 5. Principles of Tourism Activities
The principles of tourism activity are the following:
– ensuring favorable conditions for the development of tourism;
– recognition of tourism as one of the priority areas of the country’s economic development;
– guaranteeing free economic, social and cultural activity of tourist service entities; support and encouragement of initiatives in tourism sector;
– presenting the Republic of Tajikistan as a travel-friendly country and transforming it into a competitive tourist destination;
– protection of the rights and freedoms of the entity activities in tourism sector;
– ensuring the development of educational tourism;
– ensuring the mass use of tourism resources.
CHAPTER 2. FORMS AND TYPES OF TOURISM
Article 6. Forms and types of tourism
1. There are the following forms of tourism in the Republic of Tajikistan:
– domestic;
– international.
2. There are the following types of tourism in the Republic of Tajikistan:
– mountain sports;
– hunting and fishing;
– transit;
– ecological;
– mountaineering;
– commercial;
– educational;
– recreational;
– family;
– historical and pilgrimage;
– astronomical;
– business;
– sports;
– adventure;
– exhibition;
– group;
– rural;
– agrarian/agricultural;
– gastronomic;
– social;
– scientific and educational.
2. Under the regulation prescribed by the normative legal acts of the Republic of Tajikistan, other types of tourism may be available.
CHAPTER 3. COMPETENCE AND AUTHORITY OF THE PUBLIC AUTHORITIES IN TOURISM SECTOR
Article 7. Competence of the Government of the Republic of Tajikistan in tourism sector
The competence of the Government of the Republic of Tajikistan in tourism sector includes:
– ensuring the implementation of state policy in tourism sector;
– determination of forms of state support in tourism sector;
– approval of concepts, strategies and state programs for the development of tourism;
– determination of the authorized state body in tourism sector;
– approval of the procedure for maintaining the State Register of Tourist Service Entities;
– approval of the procedure for maintaining the State Cadastre of Tourist Resources;
– determination of the procedure for certification of tourist products, goods and services for the activities of tourist entities;
– establishment of a National Coordination Council for the development of tourism and approval of its regulations;
– establishment of bonus payment in tourism sector;
– determining the procedure for the use of tourist resources;
– creation of favorable conditions for attracting investment in tourism;
– creation of tourist zones; establishing a Tourist Services Center;
– implementation of other powers stipulated by the legislation of the Republic of Tajikistan.
Article 8. Powers of the authorized state body in tourism sector
The powers of the authorized state body in tourism sector include:
– implementation of the state policy in tourism sector;
– analysis, consideration and submission of proposals for tourism development to the Government of the Republic of Tajikistan;
– developing and submitting draft concepts, strategies and state programs for tourism development for approval to the Government of the Republic of Tajikistan;
– determination of requirements for tourist routes;
– monitoring the activities of tourist service entities;
– maintaining the State Register of Tourist Service Entities;
– maintaining the State Cadastre of Tourist Resources;
– monitoring of the tourism sector;
– submission of proposals to the Government of the Republic of Tajikistan to establish a bonus payment in tourism sector;
– taking part in attracting investment for tourism development;
– defining general requirements for staff training and retraining in tourism sector;
– controlling activities, together with the authorized state body for standardization and certification related to standardization and certification of tourism activities, hospitality, the operation of sanatoriums, resorts and other tourism facilities and their infrastructure;
– coordination of activities of the tourist service entities;
– development of international cooperation in tourism sector;
– adoption of regulations for the provision of tourism services;
– implementing other powers stipulated by the legislation of the Republic of Tajikistan.
Article 9: Powers of local public authorities in tourism sector
The powers of local public authorities in tourism sector include:
– implementation of state policy in tourism sector in the local area;
– approval of local tourism development programs;
– research, analysis, monitoring and strengthening of organizational processes in tourism sector;
– analysis and determination of local domestic tourism routes in coordination with local tourism authorities;
– establishing a Local Coordination Council for tourism development and approval of its regulations;
– establishing a bonus payment in tourism sector;
– coordination of the tourist service operation process on the effective use of local tourist resources;
– implementing other powers stipulated by the legislation of the Republic of Tajikistan.
Article 10. Powers of local tourism authorities
The powers of local tourism authorities include:
– coordination of activities of the tourist service entities;
– analysis of the state, consideration and submission of proposals to the local executive bodies of state power on the effective implementation of state policy in tourism sector;
– analysis and determination of local domestic tourism routes in coordination with the local government body;
– monitoring and evaluation of the operation process of local tourism service entities;
– implementing other powers stipulated by the legislation of the Republic of Tajikistan.
Article 11. Powers of self-governing bodies of settlements and villages in tourism sector
The powers of self-governing bodies of settlements and villages in tourism sector include:
– implementation of local domestic tourism development programs;
– control over the operation process of tourism service entities in terms of effective use of tourist resources within the settlements and villages;
– implementing other powers stipulated by the legislation of the Republic of Tajikistan.
CHAPTER 4. STATE REGULATION IN TOURISM SECTOR
Article 12. Regulation of the tourism service system
1. To regulate the tourism service provision system, the State Register of Tourist Service Entities (hereinafter referred to as the State Register) shall be arranged.
2. The State Register shall be maintained in hard copy and electronically (via the Internet).
3. The recording procedure in the State Register shall be determined by the authorized state body in accordance with the provisions of this Law.
4. The operation process of the tourist service entities shall be monitored and evaluated by the relevant entities.
Article 13. National and Local Tourism Development Coordination Councils
National and Local Tourism Development Coordination Councils shall be established under the Government of the Republic of Tajikistan, at local executive bodies of state power, self-government bodies of settlements and villages on a public basis to coordinate activities, integrate opportunities and address issues related to tourism development.
Article 14. Licensing of tourism activities
Licensing of tourism activities is carried out in accordance with the Law of the Republic of Tajikistan “On licensing of certain types of activities”.
Article 15. Tourist Service Center
1. The Tourist Service Center shall be established by the legislation of the Republic of Tajikistan, under the authorized state body as a self-financed legal entity.
2. The objectives of the Tourist Service Center are:
– organization of tourist activities;
– advisory services, guide services, transportation services, training, development of tourism-related investment projects, preparation of promotional materials;
– disseminating information about the process of tourism service provision;
– ensuring the implementation of other functions defined by the authorized state body in tourism sector.
Article 16. Tourist infrastructure
1. Tourist infrastructure is a set of institutions, enterprises, hotels, hotels for tourists created in private houses (guest house), medical sanatoriums, resorts, recreation houses, service centers (roadside, cultural and entertainment parks, cultural, historical and religious sites, fishing and hunting infrastructures, restaurants, canteens, teahouses, cafes, production centers and sales of handicrafts, adaptation centers for tourists in mountainous areas, ski complexes, mountaineering training centers, skiing and excursions), one of the directions of which is related to the tourism.
2. The relevant state authorities when planning major public facilities, developing master plan of the settlement and using the land, shall consider the possibility of creating tourism infrastructure within them.
Article 17. Access to tourism-related information
1. In coordination with the authorized state body in order to promote the tourism sector on regular basis, an industry-specific television and radio channels, a newspaper, a periodical magazine and a national Internet website shall be created.
2. The tourist service entities shall create an Internet website and other information means to present information about their activities.
3. The state radio and television channels create specific ongoing programs about tourism development and place free of charge ads (promotion) about social tourism.
Article 18. Monitoring and Evaluation of Tourism
Tourism services shall be subject to monitoring and evaluation by the authorized state body in tourism sector in accordance with the procedure prescribed by the legislation of the Republic of Tajikistan.
1. Tourist resources shall be recorded in accordance with the State Cadastre of Tourist Resources, and the procedure of their use, preservation, storage and regulation shall be determined by the sectoral authorized state body together with the local executive bodies of state power.
2. During the trip, the use or viewing of tourist resources by individuals and legal entities is not limited, except for cases that lead to destruction, dilapidation, deterioration, freezing, destruction, robbery, abuse and misuse.
3. Tourist resources of national and international importance are the national property of the Republic of Tajikistan. For their accounting and use, the State Cadastre of Tourist Resources will be developed and maintained by the authorized state body in tourism sector.
Article 20. Participation and attraction of investors in to tourism development
1. Domestic and foreign investors who contribute to the implementation of measures to develop the tourism sector will be supported within the framework of benefits established by this Law and other normative legal acts of the Republic of Tajikistan.
2. For attraction and active participation of investors in implementation of measures aimed at tourism development, favorable conditions are created.
3. The initiatives of investors to organize and create tourist infrastructure, as well as to finance programs and projects for the tourism development, are supported and stimulated by state authorities.
Article 21. Insurance of tourist activities
1. In case the legislation of the country of temporary stay establishes requirements to provide guarantees of payment for medical care to persons temporarily staying in its territory, the travel agent shall be obliged to provide such guarantees. Travel insurance against sudden illness and accidents is the main form of providing such guarantees.
2. The travel agent, at the request of the tourist, shall assist in providing insurance services for other risks associated with the trip (tour).
3. Insurance of risks in tourism associated with increased danger to the life and health of tourists, requiring high rescue costs, is made by the tourist service entities in agreement with the tourists.
4. The insurance of other risks is voluntary, and is effected by tourists themselves or through tourist service entities.
5. Local and foreign tourists engaged in extreme kinds of tourism should have an insurance policy of international category.
Article 22. Contract for the provision of tourist services
1. To attract citizens of the Republic of Tajikistan, foreign nationals, stateless persons to travel, a contract shall be concluded between the tourist service entity and the tourist.
2. The authorized body in tourism sector shall determine a standard contract for tourist service.
Article 23: Touristic Route
The Touristic Route is the main component of the tourist product, which determines the geographical direction of tourist accommodation and visits to tourist sites. The tourist itinerary shall consist of general information, maps, pictures, diagrams and other information describing the chosen destination.
Article 24. Ensuring the safety and security of the tourist
1. Ensuring the safety of tourists on the territory of the Republic of Tajikistan is guaranteed by the state. The Republic of Tajikistan shall guarantee protection and support for tourists who are outside of the Republic of Tajikistan.
2. Foreign affairs authorities shall report to the authorized state body in tourism sector about potential risks threatening a tourist in the state of temporary stay. The authorized state body in tourism sector shall be obliged to inform tourists and tourist service entities of potential risks.
3. Tourist service entities shall provide the required information in writing no later than three days prior to travel on the procedures for entry, exit and stay in the state of temporary stay, on the legislation, traditions of the local population, religious customs, shrines, historical and cultural monuments, natural sites and other tourist sites under special control. These entities also inform tourists about the risks they may be exposed to while traveling and implement preventive measures aimed at ensuring the safety of tourists.
4. Tourism service entities shall provide information on tourists who have not returned from abroad within three days after completion of the trip to the authorized state body in tourism sector. Tourism service entities shall immediately inform the authorized state authority in tourism sector, the authorized state authority for emergency situations, foreign affairs authorities and the tourist’s family before travelling to dangerous places and about emergency situations that occurred to the tourist during the trip.
Article 25. Tourism services
1. Tourism services by types of tourism services in the order established by the legislation of the Republic of Tajikistan are aimed at meeting the needs of tourists when using tourism services.
2. The following types of services are established in tourism sector:
– integrated services centers;
– counseling and information;
– hospitality and waiter services;
– hotel; agricultural tourism;
– technical and transport;
– roadside and hygiene;
– production and sale of tourist souvenirs;
– cultural and entertainment activities;
– medical and health-improving;
– guide and interpreter services;
– exhibition and promotional services;
– development and implementation of integrated tourism services.
CHAPTER 5. TOURIST SERVICE ENTITIES
Article 26. Organizational and legal forms of the tourist service entities
The tourist service entities can carry out their activities in the form of individuals, legal entities and individual entrepreneurs, in state and non-state, collective (corporate) and individual forms.
Article 27. Travel Agent
A travel agent acts as an intermediary on a contractual basis to sell tourist products and distribute routes of a travel company in accordance with the legislation of the Republic of Tajikistan.
Article 28. Rights and obligations of tourist service entities
1. Citizens of the Republic of Tajikistan, foreign citizens and stateless persons, regardless of nationality, race, gender, language, religion, political positions, social and property status and education, who have reached the age of 18 and are legally capable, have the right to engage in activities to provide tourist services.
2. Tourist service entities have the right to:
– enjoy the benefits established by the legislation of the Republic of Tajikistan;
– cooperate with other individuals and legal entities, organize travel agencies;
– organize tourist groups by involving those citizens who are interested in as an employee, travel agent and volunteer;
– use the services of other tourist service entities, especially travel companies;
– carry out other activities not prohibited by the legislation of the Republic of Tajikistan.
3. Tourist service entities shall:
– maintain the recording procedure in the State Register of Tourist Service Entities in accordance with the legislation of the Republic of Tajikistan;
– officially notify the authorized state body in tourism sector and submit a report in the prescribed form upon the entry of tourists, their trip outside the country and to tourist destinations on the territory of the Republic of Tajikistan;
– provide tourists with high quality tourist services;
– ensure the safety of tourists during the trip;
– notify tourists about the need for travel insurance in case of illness and life insurance, to assist them in this regard;
– ensure the safety of tourist resources during the trip;
– be responsible for non-compliance with the terms of the contract to the tourist in accordance with the legislation of the Republic of Tajikistan;
– perform other duties stipulated by the legislation of the Republic of Tajikistan.
Article 29. Tourist’s rights and obligations
1. Citizens of the Republic of Tajikistan, foreign citizens and stateless persons, regardless of nationality, race, gender, language, religion, political positions, social and property status, education, have equal rights to travel.
2. The rights of the tourist during the trip:
– request to conclude a contract with the tourist service entity;
– demand the creation of favorable conditions for the provision of services under the contract;
– request relevant information about the tourist products, tourist itinerary and travel conditions;
– request travel insurance, insurance against illness, life insurance and other potentially dangerous situations;
– apply for legal assistance to embassies, consulates and other relevant authorities;
– unite into groups and public associations during the organization of tourist service activities;
– request observance of other rights established by the legislation of the Republic of Tajikistan.
3. The responsibilities of the tourist during the trip:
– fulfill the requirements and requests of the tourist service entities under the relevant contract;
– comply with the legislation of the Republic of Tajikistan, to respect the political and social system of the state, traditions, religious beliefs and lifestyle of people living in the place of temporary residence;
– expediently use tourist resources in accordance with the requirements of regulatory legal acts, avoid places of prohibition, respect the environment, monuments of historical and cultural heritage, sacred sites and other state-protected attractions;
– comply with safety requirements when visiting dangerous places and sites;
– submit in a timely manner the required documents for the trip and the conclusion of the relevant contract;
– fulfill other obligations established by the legislation of the Republic of Tajikistan and international legal acts recognized by Tajikistan.
CHAPTER 6. TOURISM PROMOTION
Article 30. Incentives for tourist service entities
To develop the tourism sector as a priority sphere, incentives in the form of benefits and other forms established by the legislation of the Republic of Tajikistan shall be provided.
Article 31. Incentives related to the organization of roadside and hygienic services
1. Local executive bodies of state power shall allocate special land plots for mass use in accordance with the legislation of the Republic of Tajikistan.
2. Special land plots shall be allocated for mass use in a certain area with each interval of not less than 50 km of the route.
3. Hostels with an area of at least 50 square meters shall be organized on special land plots allocated for mass use.
4. Designated (organized) plots (points) shall be provided to the tourist service entities for the provision of all types of services, especially trade in household products, food and organization of hygiene points.
Article 32. Benefits for entities producing tourist products
To establish the production of tourist products, legal entities and individual entrepreneurs in accordance with the legislation of the Republic of Tajikistan shall be allocated a plot of land for processing or construction of required facilities.
Article 33. Tourist zones
1. Tourist zones are created in the entire territory or in part of the territory of cities or districts within the requirements of this Law and other normative legal acts of the Republic of Tajikistan to promote tourism entities.
2. The targeted regional programs will be implemented in order to develop tourist zones in accordance with the procedure established by the legislation of the Republic of Tajikistan.
3. In order to qualify as a tourist zone or international tourist zone, the entire territory or part of the territory of cities or districts shall have the established indicators of the relevant legislation.
4. The status of a tourist zone or international tourist zone, a territory or part of a territory of cities or districts shall be determined by the Government of the Republic of Tajikistan.
Article 34. State social order, grants, subventions and subsidies in tourism
1. The state social orders, grants and subsidies shall be implemented to solve problems and form scientific and practical foundations for the development of the tourism sector.
2. The state social orders, grants and financial assistance are formed in the manner established by the legislation of the Republic of Tajikistan, at the expense of budgetary and non-budgetary funds.
CHAPTER 7. FINAL PROVISIONS
Article 35. International cooperation in tourism
International cooperation in tourism is carried out in the manner prescribed by the legislation of the Republic of Tajikistan and international legal acts recognized by Tajikistan.
Article 36. Liability for failure to comply with the requirements of this Law
Individuals and legal entities for failure to comply with the requirements of this Law shall be held liable in the manner prescribed by the legislation of the Republic of Tajikistan.
Article 37. On Repealing the Laws of the Republic of Tajikistan “On Tourism” and “On Domestic Tourism”
The Laws of the Republic of Tajikistan “On Tourism” dated September 3, 1999 (Akhbori Majlisi Oli of the Republic of Tajikistan, 1999, No. 9, Article 228; 2005, No. 12, article 641; 2009, No. 5, article 337; 2012, No. 12, part 1, article 1016; 2013, No. 12, article 902) and “On domestic tourism”, dated July 18, 2017 (Akhbori Majlisi Oli of the Republic of Tajikistan, 2017, No. 7-9, p. 573) to be considered null and void.
Article 38: Procedure for enactment of this Law
The present Law shall be enacted after its official publication.
President
of the Republic of Tajikistan Emomali Rahmon
Dushanbe,
dated August 7, 2020, No. 1718
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