Bishkek
from March 25, 1999 No. 34
LAW OF THE KYRGYZ REPUBLIC
ON TOURISM
(As amended by the Law of the KR from October 21, 2003 No. 218)
Section I. General Provisions
Section II. Rights and Obligations of State Authorities,
Subjects of Tourist Activities, and Tourists
Section III. Organization of Economic Activities and
Financing of Tourism
Section IV. Ensuring Safety and Insurance
Section V. Protection of the Natural Environment and Objects
of Historical and Cultural Heritage of the Kyrgyz Republic
in the Implementation of Tourist Activities
Section VI. Final Provisions
This Law defines the legal, economic, social, and organizational foundations of tourism and activities in this sphere, aimed at realizing the rights of citizens to rest, leisure, and the development of entrepreneurial activities.
Section I
General Provisions
Article 1. Basic Concepts
The following basic concepts are used in this Law:
tourism - temporary departures (travels) of citizens of the Kyrgyz Republic, foreign citizens, and stateless persons (hereinafter referred to as citizens) beyond their permanent place of residence for health, educational, professional-business, sports, religious, and other purposes without engaging in paid activities in the country (place) of temporary stay;
tourist - a citizen visiting the country (place) of temporary stay for health, educational, professional-business, sports, religious, and other purposes without the right to engage in paid activities for a period of 24 hours to 6 months in a row or staying for at least one night;
tour - a set of services for accommodation, transportation, catering for tourists, excursion services; services of guides-interpreters and other services provided depending on the purposes of the trip;
tourist resources - natural, historical, socio-cultural objects, including objects for tourist display, as well as other objects capable of satisfying the spiritual needs of tourists, contributing to the restoration and development of their physical strength;
tourist activity - tour operator and travel agency activities, as well as other activities for organizing travels;
domestic tourism - travel or movement within the Kyrgyz Republic by persons permanently residing in the Kyrgyz Republic;
outbound tourism - travel or movement to another country by persons permanently residing in the Kyrgyz Republic;
inbound tourism - travel or movement within the Kyrgyz Republic by persons not permanently residing in the Kyrgyz Republic;
social tourism - travel or movement subsidized from funds allocated by the state for social needs;
self-organized tourism - travel or movement using active means of transportation, organized independently by tourists;
tourist product - a set of services provided to citizens (tourists);
promotion of the tourist product - a set of measures aimed at the realization of the tourist product (advertising, participation in specialized exhibitions, fairs, organization of tourist information centers for selling the tourist product, publishing catalogs, brochures, and others);
tourist service - intangible goods provided to the tourist by a tourism industry enterprise under a voucher or any other legally permitted form of payment, directly or indirectly related to satisfying the needs of tourists and their servicing;
excursion activity - activity for organizing trips lasting up to 24 hours accompanied by a specialist - guide on pre-prepared routes for the purpose of familiarization with nature, historical and cultural monuments, museums, etc.;
subjects of tourist activity - enterprises, institutions, organizations regardless of ownership forms, individuals registered in accordance with the legislation of the Kyrgyz Republic;
tourist industry - a combination of hotels and other means of tourist accommodation, means of transport, public catering facilities, entertainment facilities, objects for educational, business, health, sports, and other purposes, organizations engaged in tour operator and travel agency activities, as well as organizations providing excursion services and services of guides-interpreters;
tour operator activity - activity for forming, promoting, and selling the tourist product, carried out by a legal entity or individual entrepreneur (hereinafter referred to as the tour operator);
travel agency activity - activity for promoting and selling the tourist product, carried out by a legal entity or individual entrepreneur (hereinafter referred to as the travel agent);
services of a guide-interpreter - activity of a professionally trained individual for familiarizing tourists with tourist resources in the country (place) of temporary stay;
tourist voucher - a document confirming the fact of transfer of the tourist product;
contract - a document confirming the agreement between subjects of tourist activity and tourists, defining the subject of tourist services, their cost, terms, and procedure for execution, specific size of material responsibility of the parties for violation of its terms.
(As amended by the Law of the KR from October 21, 2003 No. 218)
Article 2. Legislation of the Kyrgyz Republic
on Tourism
The legislation of the Kyrgyz Republic on tourism is based on the Constitution of the Kyrgyz Republic and consists of this Law, other laws of the Kyrgyz Republic, and other normative legal acts adopted in accordance with them.
Section II
Rights and Obligations of State Authorities,
Subjects of Tourist Activity, and Tourists
Article 3. State Policy in the Field of Tourism
State policy in the field of tourism provides for:
- development of tourism as a priority sector of the country's economy and creation of favorable conditions for activities in the field of tourism;
- ensuring citizens' rights to rest, freedom of movement, and other rights while traveling;
- regulation of financial and currency relations in the field of tourism;
- financing promising state programs for tourism development;
- coordination of activities of state and non-state tourism management bodies, private tourist organizations, and objects of the tourist industry;
- development and improvement of the legal framework regulating relations in the field of tourism;
- promotion of international cooperation and professional training of specialists in the field of tourism;
- development of scientific research in the field of tourism.
(As amended by the Law of the KR from October 21, 2003 No. 218)
Article 4. Regulation of the Provision of Tourist Services
Relations between subjects of tourist activity and tourists are based on contracts, including the subject of the tourist trip, the quantity and quality of services provided, their cost, terms and procedure for execution, specific size of material responsibility of the parties for violation of its terms.
Contract conditions that infringe on tourists' rights and contradict the norms and rules established by laws or other normative legal acts of the Kyrgyz Republic in the field of consumer rights protection are considered invalid.
If, as a result of the execution of a contract infringing on tourists' rights, they incur losses, they are to be compensated by the subject of tourist activity in full.
Subjects of tourist activity are not entitled to provide additional services for a fee without the consent of tourists. Tourists have the right to demand from subjects of tourist activity the return of amounts paid for the provision of additional services without their consent or to terminate the contract without compensation for losses to the subject of tourist activity. In case of price increase due to force majeure circumstances, disputes are resolved by reaching an agreement between the parties or in court.
Article 5. Rights and Obligations of Subjects of Tourist
Activity
The rights of subjects of tourist activity are defined by the legislation of the Kyrgyz Republic.
The subject of tourist activity is obliged to:
- provide tourist services in accordance with the concluded contract;
- ensure safety measures for the life, health, and property of the tourist in accordance with the terms of the concluded contract;
- inform tourists about the laws and rules of stay in the country of entry;
- provide the tourist with complete and accurate information about the organization and conduct of the tour;
- ensure timely registration and departure of foreign tourists from the Kyrgyz Republic, as well as timely return of tourists who are citizens of the Kyrgyz Republic from the country (place) of temporary stay in accordance with the legislation of the Kyrgyz Republic and the contract concluded with the tourist.
The subject of tourist activity, in case of non-fulfillment of obligations when organizing and conducting the tour, is responsible to the client in accordance with the legislation of the Kyrgyz Republic for both its own actions and the actions of its partners in organizing the tour, providing accommodation, catering, transport, and other services included in the trip program and specified in the voucher.
In case of violation of deadlines for the departure and/or return of tourists (except for force majeure circumstances), the subject of tourist activity pays the tourist a penalty of three percent of the cost of the tourist voucher for each day of delay (but not exceeding the total cost of the voucher). The contract between tourists and subjects of tourist activity may establish a higher penalty amount.
Article 6. Rights and Obligations of Tourists
When preparing for a trip, during its execution, including transit, the tourist has the right to:
- necessary and reliable information about the rules of entry into the country (place) of temporary stay and rules of stay there, about the customs of the local population, about religious rites, shrines, historical and cultural monuments, and other objects of tourist display that are under special protection, the state of the surrounding natural environment;
- freedom of movement, free access to tourist resources taking into account the restrictive measures adopted in the country (place) of temporary stay established by normative legal acts;
- ensure personal safety, consumer rights, and the safety of their property, unobstructed access to emergency medical assistance;
- compensation for losses and compensation for moral damage in case of non-fulfillment of the contract conditions;
See:
Resolution of the Plenary Session of the Supreme Court of the KR from November 4, 2004 No. 11 "On Certain Issues of Judicial Practice in the Application of Legislation on Compensation for Moral Damage"
- assistance from state authorities (local self-government bodies) of the country (place) of temporary stay in obtaining legal and various types of emergency assistance;
- unobstructed access to means of communication;
- receive a set of tourist services provided for in the contract and the stay program;
- use sanitary facilities, appropriate hygiene products, especially in accommodation places, catering enterprises, and transport, receive information about effective measures to prevent infectious diseases and accidents.
During the trip, including transit, tourists are obliged to:
- comply with the legislation of the country (place) of temporary stay, respect its political and social structure, traditions, customs, and religious beliefs of the local population;
- treat the surrounding natural environment, historical and cultural monuments, shrines, and objects under special protection with care;
- comply with the rules of entry and exit of the country (place) of temporary stay (transit);
See also the Regulation on the Procedure for Conducting Express Surveys of Foreign Tourists Entering the Kyrgyz Republic (approved by the Resolution of the Government of the KR from February 3, 2004 No. 55)
- observe personal safety rules.
Article 7. Licensing of Tourist Activities
(Excluded in accordance with the Law of the KR from October 21, 2003 No. 218)
Section III
Organization of Economic Activities
and Financing of Tourism
Article 8. Economic Activity in the Field of Tourism
Economic activity in the field of tourism consists of ensuring effective use of existing and creating new material and technical bases for tourism, increasing foreign currency revenues to the state budget, cooperating the funds of subjects of tourist activity, employing the population, and satisfying its diverse needs.
The main tasks of subjects of tourist activity are:
- creation of a tourist product;
- formation of the market for tourist services;
- improvement of tourism infrastructure;
- provision of tourist services;
- development of domestic and foreign tourism.
Revenues from tourist activities are formed from:
- from core activities;
- from accommodation of tourists in hotels, motels, campsites, etc.;
- from servicing tourists by catering enterprises;
- from transport servicing of tourists;
- from additional services and other types of activities.
Profit (income) of subjects of tourist activity is subject to taxation in accordance with the legislation of the Kyrgyz Republic. To protect the natural environment and objects of historical and cultural heritage, these subjects may transfer part of their profits to local budgets for targeted use.
Article 9. Sources of Financing Tourism
Tourist activity is carried out at the expense of:
- own financial resources of subjects of tourist activity, monetary contributions from citizens and legal entities;
- domestic investments, loans, credits;
- gratuitous and charitable contributions, donations from enterprises, institutions, organizations, and citizens;
- revenues from tourist lotteries;
- loans (bond loans), bank and budget credits;
- foreign investments.
Section IV
Ensuring Safety and Insurance
Article 10. Ensuring the Safety of Tourists
Safety is understood as the personal safety of tourists and the safety of their property while traveling.
The state tourism management body informs tour operators, travel agents, and tourists about security threats in the country (place) of temporary stay.
Media outlets, whose founders are state bodies, promptly and free of charge provide the state tourism management body with the opportunity to publish information about threats to tourist safety.
Tour operators and travel agents are obliged to provide tourists with comprehensive information about the peculiarities of travel and also about the dangers they may encounter while traveling, and to take preventive measures aimed at ensuring the safety of tourists.
Tour operators and travel agents are obliged to promptly inform the state tourism management body and interested parties about emergencies involving tourists during travels, as well as about tourists who have not returned from their travels.
Tourists intending to travel to a country (place) of temporary stay with a high level of infectious diseases are obliged to take preventive measures in accordance with international medical requirements.
Article 11. Protection of the Interests of Tourists-Citizens of the Kyrgyz Republic
Outside the Kyrgyz Republic in Case of Emergencies
In case of emergencies, the Government of the Kyrgyz Republic and subjects of tourist activity take measures to protect the interests of tourists-citizens of the Kyrgyz Republic outside the Kyrgyz Republic, including measures for their evacuation from the country (place) of temporary stay.
Article 12. Specialized Services for Ensuring the Safety of Tourists
Providing necessary assistance to tourists in distress within the territory of the Kyrgyz Republic is carried out by specialized services determined by the Government of the Kyrgyz Republic.
Article 13. Insurance in the Implementation of Tourist Activities
Insurance of tourists (medical or accident insurance) is mandatory and is carried out by subjects of tourist activity based on agreements with national insurance companies authorized to carry out such activities.
The insurance policy provides for the payment of medical assistance to tourists and reimbursement of their expenses in case of an insured event directly in the country (place) of temporary stay.
Section V
Protection of the Natural Environment and Objects
of Historical and Cultural Heritage of the Kyrgyz Republic
in the Implementation of Tourist Activities
Article 14. Responsibility for Causing Damage to the Surrounding
Natural Environment and Objects of Historical and Cultural
Heritage of the Kyrgyz Republic
Subjects of tourist activity are responsible for the preservation of the surrounding natural environment and objects of historical and cultural heritage, other objects of state and private ownership in the conditions of tourist development and exploitation in accordance with the legislation of the Kyrgyz Republic.
Subjects of tourist activity must comply with requirements for environmental safety and the protection of historical and cultural monuments when designing, placing, constructing, and reconstructing tourist facilities, take measures to eliminate harmful impacts of tourist facilities on the surrounding natural environment and objects of historical and cultural heritage, and compensate for the damage caused in accordance with the legislation of the Kyrgyz Republic.
Section VI
Final Provisions
Article 15. Training Personnel for the Tourism Sector
Professional training and advanced training of tourism specialists are carried out by higher professional and secondary professional educational institutions, special courses in the Kyrgyz Republic, as well as abroad.
Advanced training and internships for workers engaged in tourism are carried out in the manner determined by the state tourism management body.
Training, advanced training, and internships for workers engaged in tourism are financed by the state and subjects of tourist activity.
Training of specialists for the tourism sector is carried out by higher professional and secondary professional educational institutions in specialties established by state classifiers of directions and specialties of higher and secondary professional education, as well as through the specialization of graduates of other specialties in accordance with the needs of the development of the tourist industry.
Training and retraining of service personnel for subjects of tourist activity are carried out by vocational training institutions, as well as short courses of higher professional and secondary professional educational institutions.
(As amended by the Law of the KR from October 21, 2003 No. 218)
Article 16. International Treaties
The legal basis for international cooperation in the field of tourism consists of international treaties.
If an international treaty of the Kyrgyz Republic establishes rules different from those provided for in this Law, the rules of the international treaty apply.
Article 17. Responsibility for Violating This Law
Persons guilty of violating this Law are liable in accordance with the legislation of the Kyrgyz Republic.
Article 18. On the Entry into Force of This Law
This Law shall enter into force on the day of its publication.
Published in the newspaper "Erkin Too" on April 7, 1999 No. 26
The Government of the Kyrgyz Republic shall bring its decisions in line with this Law.
President of the Kyrgyz Republic A. Akayev
Adopted by the Legislative Assembly
of the Jogorku Kenesh of the Kyrgyz Republic on February 19, 1999