Key Benefits:
1558 OF 2012
(July 10)
Official Journal No. 48.487 of 10 July 2012
CONGRESS OF THE REPUBLIC
For which the 1996 Law 300 -General Law of Tourism, Law 1101 of 2006 is amended and other provisions are dictated.
COLOMBIA CONGRESS
DECRETA:
GENERAL PROVISIONS.
OBJECT, IMPORTANCE, AND PRINCIPLES OF TOURISM ACTIVITY.
ARTICLE 1o. OBJECT. This law aims at the promotion, development, promotion, competitiveness of the sector and the regulation of tourist activity, through the necessary mechanisms for the creation, conservation, protection and use of national resources and tourist attractions, safeguarding sustainable and sustainable development and the optimization of quality, establishing mechanisms for participation and consultation of the public and private sectors in the activity.
ARTICLE 2o. Amend article 1or Law 300 of 1996, which will remain so:
" Article 1or. Importance of the tourism industry. Tourism is an essential industry for the development of the country and in particular of the different territorial entities and fulfils a social function. As an industry, the charges applicable to providers of tourist services in tax matters will be those that correspond to industrial or commercial activity if it is more favourable to them. The State shall give special protection to it because of its importance for national development.
ARTICLE 3o. Amend article 2or Law 300 of 1996, which will have 4 new principles and thus remain:
" Article 2or. Principles. The following are guiding principles for tourism:
1. Concertation. By virtue of which the decisions and activities of the sector will be socialized in agreements to assume responsibilities, efforts and resources among the different agents committed, both from the state sector and the national private sector international for the achievement of the common objectives that will benefit tourism.
Communities are in part and subject to consultation in decision-making processes in circumstances that warrant it, for this purpose will be brought to the prior free and informed consent as a legal instrument adjusted to the framework United Nations International.
2. Coordination. By virtue of which public entities in the tourism sector will act in a coordinated manner in the exercise of their functions.
3. Decentralisation. By virtue of which tourist activity is the responsibility of the different levels of the State in their areas of competence.
4. Planning. By virtue of which the tourism activities will be developed according to the tourism sector plan, which will be part of the national development plan.
5. Freedom of enterprise. By virtue of which, and in accordance with the provisions of article 333 of the Political Constitution, tourism is a free-initiative, free-access and free-initiative services industry competence, subject to the requirements laid down in the law and its regulatory standards. Tourism authorities at national and territorial levels will preserve the free market, open and fair competition, as well as freedom of enterprise within a regulatory framework of suitability, responsibility and balanced relationship with the users.
6. Promotion. By virtue of which the State will protect and give priority to the integral development of tourist activities, recreational activities and in general, everything related to this activity throughout the national territory.
7. Facilitation. By virtue of which the various bodies directly or indirectly linked to tourism, will simplify and pave the way for the procedures and processes which the higher tourism council identifies as obstacles to the development of the tourism.
8. Social, economic and cultural development. Tourism in accordance with Article 52 of the Political Constitution is a social and economic right of persons given their contribution to integral development in the use of free time and in the revalorization of the cultural identity of the communities.
9. Sustainable development. Tourism is developed in harmony with natural and cultural resources in order to guarantee its benefits to future generations. The determination of cargo capacity is a fundamental element of the application of this principle. Sustainable development is implemented in three basic axes: environment, society and economy.
10. Quality. By virtue of which, it is a priority to optimize the quality of destinations and tourism services in all their areas, in order to increase the competitiveness of the destination and to meet domestic and international demand.
11. Competitiveness. By virtue of which, the development of tourism requires the necessary conditions for the continuous improvement of the tourism industry, so that through the increase of the demand it generates wealth and encourages the investment of capital national and foreign.
12. Accessibility. Under which, it is the duty of the tourism sector to promote according to Article 13 of the Political Constitution, the elimination of barriers that prevent the use and enjoyment of tourist activity by all sectors of society, encouraging the equalization of opportunities.
13. Consumer protection. With a view to the development of tourism, the consumer will be subject to specific protection by public and private entities. "
DEFINITIONS.
ARTICLE 4. Amend article 26 of Law 300 of 1996 which will remain so:
" Article 26. Definitions:
1. Tourism. A set of activities carried out by people-tourists-during their travels and stays in places other than their usual surroundings, for purposes among others of leisure, culture, health, events, conventions or business.
According to the travel of travelers, tourism can be:
(a) Issuer tourism. The one performed by nationals abroad.
b) Domestic tourism. The one performed by the residents in the economic territory of the country.
c) Receptive Tourism. The one performed by non-residents, in the economic territory of the country.
d) Excursionist. Name hikers non-residents who do not enter the country with a different end to transit.
2. Tourist. Anyone who travels to a place other than their usual residence, who stays at least one night at the place he visits and whose main reason for travel is leisure, rest, occupation of free time, pilgrimages, health, or other different to an activity at the place of destination.
International tourists are also considered to be cruise passengers and Colombians resident abroad for a visit to Colombia.
3. Load capacity. It is the maximum number of people for the use of tourism that an area can support, ensuring maximum satisfaction for visitors and a minimum impact on natural and cultural resources.
This notion implies the existence of limits to use, determined by environmental, social and management factors that define environmental authority.
ARTICLE 5o. TOURIST QUALITY. The quality technical standards issued by the Sectoral Standards units set out in Article 69 of Law 300 of 1996 related to the activities of the so-called Tourism of adventure and with the tourist sustainability, will be mandatory compliance by the service providers, according to the regulations issued by the Ministry of Commerce, Industry and Tourism.
ARTICLE 6o. MEDAL OF TOURIST MERIT. Create the Medal of Tourist Merit, which will be aimed at recognizing the special and distinguished services, provided to tourism through time, by natural or legal persons, granted by the Ministry of Trade, Industry and Tourism, in accordance with the rules established for this purpose.
TOURISM SECTOR ORGANIZATION.
OF THE TOP TOURISM COUNCIL.
ARTICLE 7o. HIGHER COUNCIL OF TOURISM. Create the Higher Council of Tourism, under the direction of the Ministry of Commerce, Industry and Tourism, as an organ of coordination among the state entities with the purpose of harmonizing the exercise of their powers with the tourism policy dictated by that Ministry, which shall be integrated as follows:
1. The Minister of Commerce, Industry and Tourism.
2. The Minister of the Interior.
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 for Civil Aeronautics.
9. The Director of the Special Unit on Migration Colombia.
10. The Director of the Special Administrative Unit of National Parks.
11. The Director General of the National Police.
12. The Director General of SENA.
13. The Minister for Information and Communications Technologies or his delegate.
PARAGRAFO 1o. Ministers may only delegate their participation to the Deputy Ministers. The Council will be chaired by the Minister for Trade, Industry and Tourism and in his absence by the Deputy Minister of Tourism.
PARAGRAFO 2o. The Council will dictate its own rules.
THE TOURISM INDUSTRY ADVISORY COUNCIL.
ARTICLE 8o. OF THE ADVISORY COUNCIL OF THE TOURISM INDUSTRY. Create the Advisory Council of the Tourism Industry, as a consultative body and advisor to the Government on tourism, which will be integrated by:
1. The Minister of Commerce, Industry and Tourism.
2. The Deputy Minister of Tourism.
3. The President of Proexport, who will be able to delegate to the Vice President of Tourism.
4. The Director of the National Tourism Fund.
5. The Presidents of the national guilds of the sector, one for each type of tourist provider, the most number of affiliates.
6. A representative of the faculties of Tourism Administration or the like, of the institutions of higher education, that will be elected within its members by the national committee of training and tourism training.
ARTICLE 9o. FUNCTIONS OF THE ADVISORY COUNCIL OF THE TOURISM INDUSTRY. They are functions of the Advisory Council of the Tourism Industry:
1. To advise the Ministry of Commerce, Industry and Tourism on the conception, definition and formulation of tourism policies, programs and projects for development and competitiveness.
2. Promote International Economic and Technical Cooperation Agreements in favor of tourism and recommend the necessary arrangements for its procurement.
3. Recommend mechanisms to ensure effective and ongoing coordination between the public sector and the private sector for the development and competitiveness of tourism.
4. Analyze the national and international performance of the tourism sector; carry out monitoring, evaluation and impact analysis activities of government policies, programs and projects in relation to tourism, and present recommendations for the development and projection of the sector.
5. Promote the establishment, monitoring and evaluation of management indicators related to government policies, programs and projects with respect to tourism.
6. Recommend tourism security strategies.
7. Propose candidates for the medal of the tourist merit.
PARAGRAFO 1o. The Council will be chaired by the Minister of Trade, Industry and Tourism or in his absence by the Deputy Minister of Tourism. The National Government shall regulate its operation, including the procedure for the designation of its members.
PARAGRAFO 2o. Governors and mayors will encourage the creation of departmental, municipal or district tourism councils, which will serve the same functions of the Tourism Advisory Council in the field of tourism. territorial powers. These Councils shall incorporate at least three representatives of the tourism service providers of the Department, the District or the Municipality, and the others who establish themselves in the mechanism of their creation.
OF THE SUPERIOR COUNCIL OF MICROENTERPRISE AND SMALL AND MEDIUM-SIZED ENTERPRISES.
ARTICLE 10. SUPERIOR COUNCIL OF MICROENTERPRISE AND SMALL AND MEDIUM-SIZED ENTERPRISES. The entrepreneurs of the tourism sector will be represented in the Superior Council of Microenterprise and in the Superior Council of Small and Medium Enterprises, created by the article 5or Decree-Law 210 of 2003, by a representative of the guilds belonging to the tourism sector.
FROM THE NATIONAL TOURISM SECURITY COUNCIL.
ARTICLE 11. NATIONAL TOURIST SAFETY COUNCIL. Conformese as a high-level instance from which to consolidate and support programs that advance in the field of tourist safety, through teamwork and improvement of the communication between the entities that integrate it. They will be part of this Council:
1. The Ministry of National Defense.
2. The National Army.
3. The Air Force.
4. The National Police.
5. The National Navy.
6. The Special Administrative Unit on Migration Colombia.
7. The Colombian Red Cross.
8. The Colombian Civil Defense.
9. The Ministry of Commerce, Industry and Tourism.
10. Delegate of the fire brigade.
The National Government will regulate the shaping and functioning of this Council, as well as the level of its members.
PARAGRAFO. Conform Department of Tourism Security Committees, with the representatives of the same institutions that make up the National Council, within the scope of its jurisdiction. The National Government shall regulate its operation.
LOCAL COMMITTEES.
ARTICLE 12. Create the 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, Dirección General Marítima-Dimar, and the respective county or municipal authority, who will have as a function to establish strips in the areas of beaches destined for bathing, rest, recreation, sales of consumer goods by of tourists and the provision of other services related to the activities of taking advantage of the free time spent by beach users.
The National Government will regulate the functioning of these Committees.
OF SOCIAL TOURISM.
ARTICLE 13. Amend the paragraph of article 32 of Law 300 of 1996, thus:
" Article 32. Social interest tourism.
PARAGRAFO. Understand by people of limited economic resources those whose monthly household income is equal to or less than two (2) current monthly minimum legal wages. "
ARTICLE 14. Amend article 33 of Law 300 of 1996 will remain so:
" Article 33. Promoting Social Interest Tourism. For the purpose of being more inclusive and to guarantee the right to recreation, to the practice of sport and to the use of the free time enshrined in article 52 of the Political Constitution, the State will promote the development of tourism of social interest. To this end, the Viceministerium of Tourism, with the support and in coordination with the agencies and competent entities, will promote the constitution and operation of enterprises of the social sector, that aim to the provision of tourist services accessible to the least favoured population. It will also promote the combination of efforts to improve the attention and development of those places where it can be susceptible to raise its economic level of life, through the tourism industry, for this purpose the sectorial plan of tourism will have to contain guidelines and programmes to support tourism of social interest.
PARAGRAFO. They will have an integral part of this sector entities that develop recreation or social tourism activities, in particular the Family Compensation Boxes. "
ARTICLE 15. Amend article 35 of Law 300 of 1996, it will remain so:
" Article 35. Older adults, pensioners, persons with disabilities, young people and students belonging to strata 1 and 2 and in particular to the children of levels I and II of the Sisben. The National Government shall regulate the programmes of special services and discounts in the field of tourism for the persons referred to in this Article provided that they belong to strata 1 and 2 and in particular to the Carnetizers of levels I and II of the Sisben.
The National Government will promote the subscription of agreements with tourism service providers and Family Compensation Banks, through which appropriate prices and conditions will be determined, as well as packages that make it possible compliance with the objectives of this Article, for the benefit of this population.
OF THE CONTRIBUTION TO TOURISM.
CONTRIBUTORS.
TOURISM DESTINATION TAX.
ARTICLE 17. STAMP DUTY FOR SOCIAL INVESTMENT. 61 of Law 1739 of 2014. The new text is as follows: > The national government must give priority to the allocation of up to 70% of the stamp duty collected by the numeral 2 literal (d), last article 14 of the 2nd Act of 1976, to be used annually. of the Ministry of Commerce, Industry and Tourism develop programs of social investment through projects of tourism competitiveness, for communities in condition of vulnerability, which include tourist infrastructure, for the effect the corresponding budget appropriations.
INCENTIVES.
ARTICLE 18. REQUIREMENTS FOR INCENTIVES. Amend, Article 16 of Law 1101 of 2006, which will remain so:
" Article 16. Tax incentives. Only duly registered tourist service providers in the National Register of Tourism may be beneficiaries of tax and tax incentives enshrined in their favour in national, departmental, and national provisions. district or municipal and which is intended to stimulate, support or promote tourist activity. The omission of the update of the National Register of Tourism, as well as the non-compliance in the payment of the parafiscal contribution, will suspend the tax incentive corresponding to the fiscal year in which the omission or default is presented ".
ARTICLE 19. PROCEDURE FOR ACCESSING THE RESOURCES OF THE NATIONAL TOURISM INVESTMENT PROGRAMME. All tourism infrastructure projects submitted by the local authorities, in order for them to be considered, must be registered with the Bank of tourism infrastructure projects by 30 June of each year at the latest. The selected projects will integrate the National Tourism Investment Programme.
FROM THE NATIONAL TOURISM FUND.
OF THE ADDRESS COMMITTEE.
ARTICLE 20. Modify the literal e), include a new literal g), to article 11 of Law 1101 of 2006, which will remain so:
" Item 11. Article 46 of Law 300 of 1996, will thus remain: From the Steering Committee of the National Tourism Fund.
The National Tourism Fund will have a composite Steering Committee as follows:
(a) The Minister of Commerce, Industry and Tourism who will only be able to delegate to the deputy minister of the branch. The representative of the Ministry of Trade, Industry and Tourism shall chair the Committee.
b) The President of Proexport or its delegate.
c) Five (5) representatives of contributing organizations.
d) A Governor appointed by the National Governors Conference, elected for only a one-year term.
e) Two mayors elected for only one year, who will be elected according to regulations issued by the National Government.
f) A representative of the ecotourism sector.
At the meetings of the Fund's Steering Committee, the Director (a) of the Colombian Institute of Family Welfare will be invited, whenever the allocation of resources for the implementation of prevention policies and campaigns for the eradication of tourism associated with sexual practices with minors. The director of the civil aviation authority or its delegate may be invited whenever issues of airport infrastructure are discussed. Guests will be entitled to voice but not to vote at committee meetings.
PARAGRAFO 1o. The adoption of the decisions of the Steering Committee will require the favorable vote of the Ministry of Commerce, Industry and Tourism.
PARAGRAFO 2o. The Ministry of Commerce, Industry and Tourism will regulate the selection procedure of the union representatives to the Steering Committee of the National Tourism Fund, guaranteeing the participation of the small tourism service providers.
PARAGRAFO 3o. The managers and representatives of the associations or agremiations that are part of the Steering Committee of the Tourism Promotion Fund, shall be chosen to observe the conditions and terms established in article 43 of Act 188 of 1995.
TRANSIENT PARAGRAPH. The Steering Committee of the National Tourism Fund referred to in Article 46 of Law 300 of 1996 will continue to perform its duties until it is integrate the new Committee dealing with this article, which will not be able to exceed the term of one (1) year. "
OF THE RESOURCES.
ARTICLE 21. The resources referred to in Article 1or 8or Law 1101 of 2006, as well as those allocated in the National Budget for the Tourism infrastructure, tourism promotion and competitiveness, and the collection of the Tourism Tax, will be part of the resources of the Tourism Promotion Fund that will henceforth be named National Tourism Fund (Fontur) and will be constitute an Autonomous Heritage with legal status and will have as its main function collection, administration, and execution of your resources.
PARAGRAFO. As part of the tourism infrastructure, the chambers of commerce in association with the National Tourism Fund, the Nation, the territorial entities, with other public or private entities, or individually, continue to allocate resources of public or private origin from the development of their activities to the creation and operation of event and convention centers and fairgrounds by holding events, congresses and activities In order to contribute to the generation of jobs and to tourism development, of their regions.
ARTICLE 22. Real estate with a tourist vocation seized or which is extinguished by the domain due to its connection with processes for drug trafficking, illicit enrichment, and The Ministry of Commerce, Industry and Tourism will be administered by the National Tourism Fund or the public entity that will be hired. For the purposes of the administration and disposal of the assets, the Fund or the managing body shall be governed by the rules of private law. The resources of their exploitation shall be for the administration, maintenance and improvement of these assets and the remainder to which the laws in force are in place.
OF THE PROJECTS BANK.
ARTICLE 23. Add the numeral 3, include a new numeral 7, and modify the paragraph of article 18 of Law 1101 of 2006:
" Article 18. Tourist project bank.
3. For the municipality of category 4, 5 and 6, the co-financing may be up to 80%.
(...)
7. 30% of the resources earmarked for the Bank of Tourism Projects in the respective annuity, will be destined for tourism projects in the territorial entities.
PARAGRAFO 1o. The projects coming from the departments of Guaviare, Vaupes, Putumayo, Amazonas, Vichada, Caqueta, Guainia, the biogeographical Choco to possess and commit to preserving its rich biodiversity and the Municipalities of the sixth category of San Agustin and Isnos in the department of Huila, Inza (Tierradentro) in the Department of Cauca, and Mompox in the Department of Bolivar declared historical heritage of humanity by Unesco, are excluded from the co-financing contributions of which the number 2 and 3 of this Article are concerned.
VARIAS PROVISIONS.
ARTICLE 24. PROMOTION OF TOURISM STUDIES. The National Government will encourage the unification of criteria in the programming of studies of regulated and occupational training in the tourism sector and promote access to the continuing training of tourism 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 subscription of agreements and agreements with universities for the development of programs and plans for studies in tourism.
ARTICLE 25. PROTECTION FOR TOURISTS. For the purposes of guaranteeing the rights of the consumer of tourist services, the special regulation contained in Law 300 of 1996, and the rules that modify it or rules.
Air service providers and marketers shall be governed as appropriate, by the Code of Commerce, the special laws on the matter; the aeronautical regulations, Decree 2438 of 2010 and the provisions amending them or rules.
PARAGRAFO 1o. In order to promote agile and efficient solutions to the consumers of tourist services, a stage of direct reclamation must be taken in advance, with the service provider and the transport companies air. The Ministry of Commerce, Industry and Tourism will regulate the matter.
PARAGRAFO 2o. The claims arising in the development of the provision of the air transport service shall be resolved by the aeronautical entity as the sole competent entity in the sector. This industry is excluded from the competition as determined in Law 1480 of 2011.
ARTICLE 26. Amend in full article 94 of Law 300 of 1996 will remain so:
" Article 94. From the Tourism Guides. It is considered a guide of tourism to the natural person who provides professional services in the area of tourist guionaje or guianza, whose functions towards the tourist, traveler or passenger are to guide, to drive, to instruct and to attend during the execution of the contracted service.
It is known as a professional in the area of Guionaje or Tourist Guianza in any of its modalities, to the person who is registered in the National Register of Tourism, after obtaining the corresponding professional card as a tour guide, granted by the entity or body designated by the government.
In order to obtain the professional card, it must be accredited, as a minimum degree of training of higher education of the technological level as a Tourist Guide, certified by the SENA or by an Entity of Higher Education recognized by the Government National.
You can also be recognized as a Tourist Guide, who holds a professional title in the areas related to the knowledge determined by the Ministry of Commerce, Industry and Tourism, and approved the type-approval course that the SENA design for this purpose. The latter may only exercise the activity in the field of their specialty.
The State, through the SENA or an Entity of Higher Education recognized by the National Government, will promote the development of competencies in bilingualism, to provide tools that allow access in conditions of equality and equity to the employment and business supply of the tourism sector.
However, the person who obtains the professional title of tour guide from the second year of validity of this law must prove the knowledge of a second language.
The Professional Card of Tourism Guide is the only legal document that is issued to identify, protect, authorize and control the holder of the same in the professional exercise of the Tourist Guianza or Guianza. The National Government shall regulate the issue of the professional card.
Tourist service providers, as well as the persons or entities in charge of the administration of all tourist attractions registered in the national tourist inventory, are obliged to observe and enforce that the Professional Guionaje or Tourist Guianza service is provided only by Tourist Guides registered in the National Register of Tourism.
The National Government, in the development of the general principles of the tourism industry, after consultation with the different associations that represent the Tourism Guides legally, will regulate the profession of Guionaje or Guianza Tourism and its exercise ".
ARTICLE 27. The Tourism Police will guarantee the permanent presence in Airports, ports and terminals of transport, of trained personnel in a second language, Tourist information and knowledge specific to tourism in the region in which they are providing their services.
ARTICLE 28. Amend article 109 of Law 300 of 2006, which will remain so:
" Article 109. Of the tourist metropolitan circles. The municipalities will be able to form Tourist Circles in order to promote and develop tourism in their regions, according to the provisions of Law 1454 of 2011 Law of Territorial Ordinance. These Circles will be able to formulate projects to the Project Bank of the National Tourism Fund.
Passengers ' individual automotive public service vehicles in Taxi passenger vehicles that carry tourists within metropolitan circles will not require planillas to move them among the municipalities that are part of the city. of the corresponding Circle ".
ARTICLE 29. The rents referred to in Article 42 of Law 1450 of 2011 will be aimed at the direct improvement of the tourist competitiveness of the municipalities. The Ministry of Commerce, Industry and Tourism will issue a prior concept on the investments needed for the conservation and improvement of the Nemocon Mine as a tourist attraction.
ARTICLE 30. TOURIST ADVERTISING. The number corresponding to the National Register of Tourism must be included in all advertising of the tourist service provider. Both tourist service providers and transport companies in the event of announcing prices must include all taxes from the country or abroad, fees, charges, charges, charges or fees that affect the final price, the currency of payment of the services offered and the exchange rate applicable if the price is indicated in currency other than that of legal tender in Colombia. Infringement of the provisions of this Article shall be deemed to be misleading.
ARTICLE 31. Except for the prohibition referred to in Article 10 4) of Law 1474 of 2011, the public entities and autonomous heritages that have the same the country's tourism and cultural promotion, or the development of national cartography, which may sponsor, hire or print publications with polychrome for such purposes.
