Law 1558 2012

Original Language Title: LEY 1558 de 2012

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1558 ACT OF 2012
(July 10)
Official Gazette No. 48487 of July 10, 2012 CONGRESS OF THE REPUBLIC

Whereby Law 300 of 1996 -Law amending General Tourism , Law 1101 of 2006 and other provisions. Summary

Term Notes

THE CONGRESS OF COLOMBIA DECREES:

TITLE I. GENERAL PROVISIONS.

CHAPTER I. OBJECT, IMPORTANCE AND PRINCIPLES tourism.
ARTICLE 1o. OBJECT. This law is aimed at the promotion, development, promotion, competitiveness of the sector and regulation of tourism, through the mechanisms necessary for the creation, maintenance, protection and utilization of national resources and tourist attractions, safeguarding sustainable and sustainable development and quality optimization, establishing mechanisms for participation and consensus of the public and private sectors in the activity.
Article 2.
. Amend article 1 of Law 300 of 1996, which will read:
"Article 1o. Importance of the tourism industry. Tourism is an essential condition for the country's development industry and especially the different territorial entities and a social function. As an industry that is, the rates applicable to providers of tourist services on taxation, will that apply to industrial or commercial activity if it is more favorable. The State will give special protection because of its importance to national development.

ARTICLE 3. Amend Article 2 of Law 300 of 1996, which will have 4 new principles and will read:
"Article 2.. Beginning. They are guiding principles of tourist activity the following:
1. Agreement. Under which decisions and activities of the sector will be socialized into agreements to take responsibility, efforts and resources among the different involved actors, both state sector and the national and international private sector to achieve common goals that benefit tourism.
The communities are partly subject of consultation and decision-making processes in circumstances so warrant, for it will attend the free, prior and informed consent as a legal instrument in accordance with international UN framework.
2. Coordination. Under which public entities that make up the tourism sector will act in a coordinated manner in the exercise of their functions.
3. Decentralization. Under which tourism is the responsibility of the different levels of government in their areas of competence.
4. Planning. Under which tourism activities will be developed according to the tourism sector plan, which will form part of the national development plan.
5. Free enterprise. Under which, in accordance with the provisions of Article 333 of the Constitution, tourism is a service industry of free private enterprise, free access and free competition, subject to the requirements of the law and its implementing rules regulations. Tourism officials at the national and regional levels will preserve the free market, open and fair competition and free enterprise within a regulatory framework for suitability, responsibility and balanced relationship with users.
6. Promotion. Under which the State shall protect and give priority to the development of tourism, recreational activities and in general, everything related to this activity throughout the national territory.
7. Facilitation. Whereby the various agencies directly or indirectly related to tourism, and pave simplify procedures and processes that the Board of Governors of tourism identified as obstacles to tourism development.
8. social, economic and cultural development. Tourism accordance with Article 52 of the Constitution, is a social and economic rights of people because of their contribution to the overall development in the use of leisure time and the appreciation of the cultural identity of communities.
9. Sustainable development. Tourism is developed in harmony with the natural and cultural to ensure its benefits to future generations resources. Determining the load capacity is a key element of the implementation of this principle. Sustainable development is applied in three basic areas: environment, society and economy.
10. Quality. Under which priority is to optimize the quality of destinations and tourist services in all areas, in order to increase the competitiveness of the destination and meet domestic and international demand.

11. Competitiveness. Whereby, tourism development requires creating the necessary conditions for continuous improvement of the tourism industry conditions, so that by increasing demand generates wealth and encourage domestic and foreign investment capital.
12. Accessibility. Under which it is the duty of the tourism sector propender accordance with Article 13 of the Constitution, the removal of barriers to the use and enjoyment of tourism by all sectors of society, encouraging equal opportunities.
13. Consumer protection. With a view to the full development of tourism, the consumer will be subject to specific protection by public and private entities. "
CHAPTER II.
DEFINITIONS.

ARTICLE 4. Amend Article 26 of Law 300 of 1996 which will read:
"Article 26. Definitions:
1. Tourism. Set of activities carried out -turistas- persons traveling to and staying in places other than their usual environment for purposes including entertainment, culture, health, events, conventions or business.
According to the movement of travelers, tourism can be:
a) Outbound tourism. The one by nationals abroad.
B) internal tourism. The made by residents in the economic territory of the country.
C) incoming tourism. That conducted by non-residents in the economic territory of the country.
D) Ramblers. Denomínase hikers non-residents who enter the country without an overnight stay in a different order transit.
2. Tourist. Anyone who travels to a different from his usual place of residence, who stays at least one night in the place you visit and whose main purpose of trip is leisure, rest, leisure time, pilgrimages, health, or other other than an activity in the destination.
Also considered international tourists and cruise passengers Colombians living abroad visiting Colombia.
3. Loading capacity. It is the maximum number of people for tourism development that an area can support, ensuring maximum satisfaction to visitors and minimal impact on natural and cultural resources.
This notion assumes the existence of limits on the use, determined by environmental, social and managerial factors that define the environmental authority.

The 5th ITEM. TOURIST QUALITY. The technical quality standards issued by the Sectoral units Standards set out in Article 69 of Law 300 of 1996 related to the activities of so-called adventure tourism and sustainable tourism, shall be enforceable by tourism service providers accordance with the regulations issued by the Ministry of Commerce, Industry and Tourism.

ARTICLE 6o. MEDAL OF MERIT TURÍSTICO. Create the Medal of tourist merit, which will aim to recognize the special services and distinguished, provided to tourism over time, by natural or legal persons, granted by the Ministry of Commerce, Industry and Tourism, in accordance with the rules to be laid down.
TITLE II.
ORGANIZATION OF THE TOURISM SECTOR.

CHAPTER I. THE TOP OF TOURISM COUNCIL.

ARTICLE 7. TOP TOURISM COUNCIL. Create the Superior Council of Tourism, under the leadership of the Ministry of Commerce, Industry and Tourism, as a coordinating body between state entities for the purpose of harmonizing the exercise of their powers tourism policy issued by the Ministry, which will be integrated thus:
1. The Minister of Commerce, Industry and Tourism.
2. Interior Minister.
3. The Minister of Foreign Affairs.
4. The Minister of Environment and Sustainable Development.
5. The Minister of Transport.
6. The Minister of Culture.
7. The Deputy Minister of Tourism.
8. The Director of the Special Administrative Unit of Civil Aeronautics.
9. The Director of the Special Unit Colombia Migration.
10. The Director of the Special Administrative Unit of National Parks.
11. The Director General of the National Police.
12. General Director of SENA.
13. The Minister of Information Technology and Communications or his delegate. PARAGRAPH 1.
. Ministers may only delegate their participation in the Deputy Ministers. The Council will be chaired by the Minister of Commerce, Industry and Tourism and in his absence by the Deputy Minister of Tourism. PARAGRAPH 2.
. The Council shall adopt its own rules of procedure.
CHAPTER II.
ADVISORY THE TOURISM INDUSTRY.


Article 8. ADVISORY THE TOURISM INDUSTRY. Create the Consultative Council of Tourism Industry, as a consultative and advisory body of the Government in tourism, which will be composed of:
1. The Minister of Commerce, Industry and Tourism.
2. The Deputy Minister of Tourism.
3. The President of Proexport, who may delegate to the Vice President of Tourism.
4. The Director of the National Tourism Fund.
5. The presidents of the national associations of the sector, one for each type of tourist provider, the largest number of members.
6. A representative of the powers of Tourism or similar administration, institutions of higher education, to be elected among its members by national committee training and tourism education.

Article 9. FUNCTIONS OF THE ADVISORY BOARD OF TOURISM INDUSTRY. The functions of the Advisory Board of the Tourism Industry:
1. Advise the Ministry of Commerce, Industry and Tourism in the conception, design and formulation of policies, programs and development projects and tourism competitiveness.
2. Promote economic cooperation agreements or international technical for tourism and recommend the necessary steps to obtain it.
3. Recommend mechanisms to seek an effective and permanent coordination between the public sector and the private sector for development and competitiveness of tourism.
4. Analyze the performance national and international tourism sector; perform monitoring, evaluation and impact analysis of policies, programs and projects Government regarding tourism, and make recommendations for the development and projection of the sector.
5. Encourage the establishment, monitoring and evaluation of performance indicators relating to the policies, programs and projects of the Government on tourism.
6. Recommend strategies of tourist safety.
7. Propose candidates for the medal to the tourist merit. PARAGRAPH 1.
. The Council will be chaired by the Minister of Commerce, Industry and Tourism or in his absence by the Deputy Minister of Tourism. The National Government will regulate its operation, including the procedure for appointing its members. PARAGRAPH 2.
. The governors and mayors foster the creation of departmental, municipal or district councils of tourism, which fulfill the same functions of the Consultative Council of Tourism within its territorial jurisdiction. These tips should incorporate at least three representatives of tourism service providers Department, District or Municipality, and others established in the mechanism of creation.
CHAPTER III.
THE SUPERIOR COUNCIL OF THE MICRO AND SMALL AND MEDIUM ENTERPRISES.

TOP ARTICLE 10. MICROENTERPRISE COUNCIL AND SMALL AND MEDIUM ENTERPRISES. Entrepreneurs in the tourism sector will be represented on the Board of Microenterprise and the Superior Council of Small and Medium Enterprises, created by the 5th article of Decree Law 210 of 2003, by a representative of the unions belonging to the tourism sector.

Matches
CHAPTER IV.
NATIONAL SECURITY COUNCIL TOURIST.

ARTICLE 11. NATIONAL SECURITY COUNCIL TOURIST. Comply an instance of high level from which consolidate and support programs that are ahead in the field of tourism security, through teamwork and improved communication channels between the entities that comprise it. They will be part of this Council:
1. The Ministry of National Defense.
2. The National Army.
3. Air Force.
4. The National Police.
5. The Navy.
6. The Special Administrative Unit Colombia Migration.
7. The Colombian Red Cross.
8. The Colombian Civil Defense.
9. The Ministry of Commerce, Industry and Tourism.
10. Deputy fire brigade.
The National Government shall regulate the establishment and operation of this Council, and the level of its members.
PARÁGRAFO. Be content Departmental Committees Tourism Security, with representatives of the same institutions that make up the National Council, within its jurisdiction. The National Government will regulate its operation. CHAPTER V.

local committees.

ARTICLE 12.
Créanse local Committees for the Organization of the beaches, composed of the official designated by each of the following entities: the Ministry of Commerce, Industry and Tourism, Directorate General Maritime - Dimar and the respective district authority or municipal, who will have the function of setting bands in beach areas for bathing, rest, recreation, sales of consumer goods by tourists and the provision of other related services activities use of free time to develop users beaches.
The National Government will regulate the functioning of these committees.
TITLE III.
Social tourism.

ARTICLE 13. Amend paragraph of Article 32 of Law 300 of 1996, will read:
"Article 32. Tourism social interest.
PARÁGRAFO. Understood by people with limited economic resources those whose monthly family income is less than or equal to two (2) monthly statutory minimum wages ".

Article 14. Amend Article 33 of Law 300 of 1996 will read:
"Article 33. Tourism Promotion social interest. In order to be more inclusive and to guarantee the right to recreation, to practice sport and use of leisure time enshrined in Article 52 of the Constitution, the State shall promote the development of tourism of social interest. To this effect, the Vice Ministry of Tourism, with the support and coordination with the agencies and entities, promote the establishment and operation of companies in the social sector, aimed at providing tourist services accessible to the disadvantaged population. Likewise, promote joint efforts to improve the care and development of places where it can be susceptible raise their economic standard of living, by the tourism industry for this purpose sectoral tourism plan must contain guidelines and support programs tourism social interest.
PARÁGRAFO. They made an integral part of this sector entities to develop recreational activities or social tourism, particularly the Family Compensation ".

Article 15. Amend Article 35 of Law 300 of 1996, shall be as follows:
"Article 35. The elderly, pensioners, the disabled, youth and students in strata 1 and 2 and in particular to the carnetizados levels I and II of Sisbén. The National Government shall regulate services programs and special discounts on tourism for persons referred to in this article as long as they belong to strata 1 and 2 and in particular the carnetizados levels I and II of Sisbén.
The National Government shall promote the signing of agreements with providers of tourist services and the Family Compensation Funds, through which adequate prices and conditions are determined, as well as packages that make the fulfillment of the objectives of this possible article, the benefit of this population.
TITLE IV.
OF TAX TO TOURISM. CHAPTER I.

CONTRIBUTORS.
ARTICLE 16.


Effective Decisions Legislation Previous


CHAPTER II.
DESTINED TO TOURISM TAX.
ARTICLE 17.
STAMP TAX FOR SOCIAL INVESTMENT. The national government should give priority to allocate annually up to 70% of the collection of stamp duty created by the numeral 2 literal d), last paragraph of Article 14 of Law 2nd 1976, so that through the Ministry of Commerce, Industry and Tourism develop social investment programs through tourism competitiveness projects for communities in vulnerable conditions, which include tourist infrastructure and must do to effect the corresponding budgetary appropriations. Editor's Notes

Effective Notes

Legislation Previous


CHAPTER III.
INCENTIVES.

ARTICLE 18. REQUIREMENTS FOR INCENTIVES. Amend Article 16 of Law 1101 of 2006, which will read:

"Article 16. Tax incentives. Only tourism service providers duly registered in the National Tourism Registry may be granted tax and fiscal incentives enshrined in their favor in provisions of national, departmental, district or municipal level and has finally encourage, support or promote the activity tour. Failure to update the National Register of Tourism and the nonpayment of fiscal contributions, tax incentive suspend the corresponding fiscal year in which the omission or failure "occurs.

ARTICLE 19. PROCEDURE TO ACCESS THE RESOURCES OF NATIONAL TOURISM INVESTMENT PROGRAM. All tourism infrastructure projects submitted by local authorities, so they can be considered, they must be registered in the bank tourism infrastructure projects no later than June 30 of each year. The selected projects comprise the National Tourism Investment Program.

TITLE V. NATIONAL FUND OF TOURISM. CHAPTER I.

STEERING COMMITTEE.

ARTICLE 20. Modify the literal e), insert a new paragraph g), Article 11 of Law 1101 of 2006, which will read:
"Article 11. Article 46 of Law 300 of 1996, it will read: the Steering Committee of the National Tourism Fund.
The National Tourism Fund will have a Steering Committee composed as follows:
a) The Minister of Commerce, Industry and Tourism who only may delegate to the vice minister of industry. The representative of the Ministry of Commerce, Industry and Tourism will chair the Committee.
B) The President of Proexport or his delegate.
C) Five (5) representatives of professional organizations of contributors.
D) A governor appointed by the National Conference of Governors, elected for only a period of one year.
E) Two mayors elected for only a period of one year, to be chosen according to regulations issued by the National Government.
F) A representative of the ecotourism sector.
The meetings of the Steering Committee of the Fund he will be invited by the Director (a) of the Colombian Institute of Family Welfare, whenever the allocation of resources for the implementation of prevention policies and campaigns for the eradication of tourism is discussed associated with sex with minors. The director of civil aeronautics or his delegate may be invited whenever airport infrastructure issues are discussed. Guests will have the right to speak but not to vote at meetings of the committee. PARAGRAPH 1.
. The adoption of the decisions of the Steering Committee will require the affirmative vote of the Ministry of Commerce, Industry and Tourism. PARAGRAPH 2.
. The Ministry of Commerce, Industry and Tourism shall regulate the procedure for the selection of union representatives to the Steering Committee of the National Tourism Fund, ensuring the participation of small tourism service providers. PARAGRAPH 3.
. Managers and representatives of associations or guilds that are part of the Steering Committee of the Tourism Promotion Fund, shall be elected to the conditions and terms set out in Article 43 of Law 188 of 1995.
TRANSITORY PARAGRAPH. The Steering Committee of the National Tourism Fund that Article 46 of Law 300 of 1996 referred to continue in office until the new Committee in this article, which may not exceed the term of one (1) year integrated ". Editor's Notes


CHAPTER II.
OF RESOURCES.

ARTICLE 21. The resources mentioned in article 1st and 8th of Act 1101 of 2006, as well as allocated in the National Budget for tourism infrastructure, promotion and tourism competitiveness, and collection Tax Tourism, form part of the resources of the Tourism Promotion Fund that henceforth be known as National Tourism Fund (Fontur) and shall be constituted as autonomous Heritage with legal status and will have as main function the collection, management and execution of its resources.
PARÁGRAFO. As part of the tourism infrastructure, the Chambers of Commerce in partnership with the National Tourism Fund, the Nation, territorial entities, with other public or private entities, or individually, will continue to allocate resources through public or private from the development of their activities to the creation and operation of events and conventions centers and fairgrounds by holding events, conferences and exhibition activities in order to contribute to job creation and tourism development in their regions. Effective Notes


Matches

ARTICLE 22.
tourism-oriented property seized or whatever they extinguished the domain because of its connection with processes for drug trafficking, illicit enrichment, and related front men, and those that were owned by the former National Corporation Tourism, today the Ministry of Commerce, Industry and Tourism, will be managed or disposed of by the National Tourism Fund or public entity that this contract. For purposes of the administration and disposition of assets, the Fund or the managing entity shall be governed by the rules of private law. Exploitation of resources will be allocated to the management, maintenance and improvement of these assets and the remainder to the provisions of the laws in force.
CHAPTER III.
BANK PROJECT.
ARTICLE 23.
Adiciónese paragraph 3, insert a new paragraph 7 and renumber paragraph of Article 18 of Law 1101 of 2006:
"Article 18. Bank of tourism projects.
3. Township categories for 4th, 5th and 6th cofinancing may be up to 80%.
(...)
7. 30% of the resources allocated for the Bank of Tourism Projects in the respective annuity, will be used in tourism projects in local authorities. PARAGRAPH 1.
. Projects from the departments of Guaviare, Vaupés, Putumayo, Amazonas, Vichada, Caquetá, Guainía, the Chocó to possess and commit to preserve its rich biodiversity and the municipalities of sixth category of St. Augustine and Isnos in the department of Huila, Inzá (Tierradentro) in the Department of Cauca, and Mompox in the Department of Bolivar declared heritage of humanity by UNESCO, are excluded from co-financing contributions dealing paragraphs 2 and 3 of this Article.
TITLE VI. MISCELLANEOUS PROVISIONS
.

ARTICLE 24. PROMOTION OF TOURISM STUDIES. The National Government shall encourage the unification of criteria in scheduling formal studies and vocational training in the tourism sector and promote access to continuing training of workers and workers employed in the sector. It will also support tourism training for the acquisition of new knowledge and technologies and the training of trainers.
The National Government will promote the signing of agreements with universities for the development of programs and curricula in tourism.
ARTICLE 25. PROTECTION
TOURIST. In order to guarantee the rights of consumers of tourism services special regulation contained in Law 300 of 1996, and the rules that modify or regulate apply.
Providers and marketers of air services shall be governed as applicable, by the Commercial Code, special laws on the subject; aeronautical regulations, Decree 2438 of 2010 and the provisions that modify or regulate. PARAGRAPH 1.
. To promote agile and efficient consumers of tourism services solutions, it must first fill a stage of direct complaint with the service provider and air transport companies. The Ministry of Commerce, Industry and Tourism regulate the matter. PARAGRAPH 2.
. Claims arising in developing the provision of air transport will be resolved by the aviation organization as the only competent entity of the sector. It excludes this particular industry competition in the 1480 Act, 2011. Effective Jurisprudence


Amend Article 26 in its entirety Article 94 of Law 300 of 1996 will read:
"Article 94. Tourist Guides. tour guide is considered the natural person who provides professional services in the area of ​​scriptwriting or tourist guidance, whose duties towards the tourist, traveler or passenger are to guide, lead, instruct and assist during the execution of the service.
Is known as a professional in the area of ​​tourism Guianza Scriptwriting or in any of its forms, the person who is entered in the National Register of Tourism, after obtaining the relevant professional card as a guide, issued by the entity or agency designated by the government.
For the professional card must demonstrate a minimum qualification as higher education in the technological level and Tourism Guide, certified by the SENA or a higher education institution recognized by the Government.

It may also be recognized as a tour guide, who holds a bachelor's degree in related areas of knowledge determined by the Ministry of Commerce, Industry and Tourism, and have passed the course of the SENA design approval for that purpose. The latter may only exercise the activity in the field of specialty.
The State, through the SENA or Higher Education Institution recognized by the National Government will promote the development of skills in bilingualism, to provide tools that allow equal access and equity to labor and business offer tourism sector.
However, who obtained the professional title of tourist guide from the second year of enactment of this law must prove knowledge of a second language.
The Professional Tour Guide Card is the only legal document issued to identify, protect, authorize and control the holder of it in the professional practice of Scriptwriting or Tourist Guidance. The National Government will regulate the issue of the professional card.
Tourism service providers, as well as persons or entities in charge of managing all attractions registered in the national tourism inventory, are obliged to observe and enforce the professional service or Guianza Tourist Scriptwriting be provided only by registered guides Tourism in the National Tourism Registry.
The Government, in developing the general principles of the tourism industry, after consultation with the various trade organizations legally representing the Tourist Guides, shall regulate the profession of Scriptwriting or Guianza Tourism and exercise. "

ARTICLE 27. Tourism Police will ensure permanent presence in airports, ports and terminals Transportation, trained personnel in a second language, tourist information and specific knowledge of tourism in the region in which they are providing their services.

Article 28. Amend Article 109 of Law 300 of 2006, which will read:
"Article 109. metropolitan tourist circles. Tour municipalities may form circles in order to promote and develop tourism in their regions, according to the provisions of Act 1454 of 2011 Land Act. These circles may submit projects to the Bank Project of the National Tourism Fund.
Individual motor vehicles terrestrial public service Taxi Passenger Passenger Vehicles carrying tourists within metropolitan circles do not require forms to transfer between the municipalities that are part of the corresponding circle. "

ARTICLE 29. Income derived by Article 42 of Law 1450 of 2011 concerns will be offered for direct improvement of tourism competitiveness of municipalities. The Ministry of Commerce, Industry and Tourism, issued prior opinion on measures necessary for the conservation and improvement of Mine Nemocón as investment attraction.

ARTICLE 30. ADVERTISING TOURIST. The number corresponding to the National Tourism Registry shall be included in all advertising of tourist service. Both providers of tourist services such as transport companies in the case of advertising prices must include all taxes in the country or abroad, fees, charges, surcharges or fees that affect the final price, the currency of payment of services offered and the exchange rate applicable if the person was indicated price different from legal tender in Colombia currency. Violation of the provisions of this Article shall be deemed misleading advertising.

ARTICLE 31. Exceptions to the prohibition in the 4th paragraph of Article 10 of Law 1474 of 2011 public entities and autonomous equities whose function is the tourist and cultural promotion of the country, or the development of national cartography , which may sponsor, hire or make print publications polychromies for such purposes.
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