Act 2 Of The 2009 Creation Of Institutions, Agencies And Tourist Offices And Tourist Investment Workplace Law

Original Language Title: القانون 2 لعام 2009 قانون إحداث المؤسسات والوكالات والمكاتب السياحية واستثمار مواقع العمل السياحي

Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=4660&RID=-1&Last=10058&First=0&CurrentPage=7&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&

Law 2 of 2009

About tourism investment work sites and institutions to organize tourist trips



President of the Republic based on the provisions of the Constitution

And on what passed the People's Assembly in its meeting held on 01/03/1430 AH, corresponding to 31/12/2008 AD.
Issued as follows:

Part I Definitions Article 1

Meant the following terms, used in the application of this law show what is shown next to each of them: Ministry: The Ministry of Tourism. Minister: The Minister of Tourism. Union: Federation of Syrian Chambers of Tourism. Chamber: Chamber of Tourism. Tourism job site: it is The place licensed tourist where labor is practiced by (institution, agency or office or company) as follows: (a) Foundation to organize tourist trips: is the tourism work of the organization and implementation of tourist flights to and from Syria and within his favor and unsigned. b - Agencies travel: is the tourism job site that issues travel cards and sale of tourist programs for tour operators and offices of domestic tourism and the sale of Hajj and Umrah programs for Umrah offices institution. c Umrah Office: is the tourism job site, which is organizing Hajj and Umrah trips to the territory Kingdom of Saudi Arabia. (d) Domestic tourism office: is the tourism work of the organization and implementation of tours inside Syria for himself or for the benefit of the organization of the Syrian tourist trips institutions site. e- agency tourism, media, promotion and marketing of tourism: is the tourism work carried all site activities activities, promotion and media with nature tourism. (f) Office of tourist services: it is the tourism work of the task of mediation to secure all services of the tourist nature of the tourist or resident site. Category: is the classification of tourism site as one of the types of sites listed in this article. Company: is a tourist company licensed to the opening of a tourist work sites (whether corporate persons or funds provided by companies in the laws governing them), and the functions of one or some or all of the tourism work sites mentioned in this law. branch of tourism: it is a branch of the site work Tourism in any of the cities in Syria or in the same city authorized by the main site linked to his budget and his work and promoted the original site and licensed to a tourist. incubators tourist: centers for the development of tourism and the updated business in the tourism or Union rooms where they are processed and Dmantha by it to run graduates of educational sites tourist outstanding in order to qualify for a temporary period in the organization and implementation of tourism programs for tourists inside and outside the country, promotion and marketing, media and activation of tourism under the supervision of the room to have a financial return back utility to fund the room and members of the operators of the incubators of the graduates. B facility: the property is equipped with amenities and allocated the bed and other tourist services depending on the classification level of the facility and its location determined by the regulations adopted by the Ministry of Tourism. tonight tourist: tonight is spent by tourists coming from abroad at the bed facility qualified tourist.
Tourism license: Is the tourism license granted to natural or legal person running a business in one of tourism sites, and can not be ceded to others only after the approval of the ministry. Part II tourist workplace tour operator or travel agencies or activities, media and promotion and marketing of tourism enterprises or Umrah offices or domestic tourism or tourism services. Article 2

(A) shall not invest any of the tourist sites of knowledge work in the first article of this law only after obtaining a license from the ministry of tourism. (B) exercise of tourism sites in this business listed door within its jurisdiction as set out for each of them . Chapter One tour operator institutions Article 3

Practiced organizing tourist trips institutions following agenda: 1. develop tourism programs and displayed on exporting to tourists Foreign companies with favorable price and ensure its implementation best picture. 2. contract agreements with foreign tourists exporting companies and the commitment to implement the terms of the contracts signed. 3. Recruitment tourists and facilitate their entry to the Syrian Arab Republic and the implementation of their own tourism programs inside and outside Syria, as has been agreed upon and including accommodation, catering, transport and visit archaeological and tourist sites and the practice of tourism activities. 4. (a) contribute to the activation of domestic tourism and presentation and implementation of tourism programs in this framework, to their advantage, or on behalf of others. (b) organizing and implementing individual and group trips to the Syrians inside or outside Syria and to provide the necessary services for its subscribers as agreed in the contract of the tourist site of the two parties. 5. sell or switch tickets and secure transport tourists and their luggage and booking seats necessary for them in the different modes of transport. 6. book accommodation, catering to tourists have different properties. 7. carry out insurance for the benefit of tourists have registered insurance companies in Syria in the case so requires. 8. securing access for tourists to museums and archaeological sites and places of cards visits and recreational facilities. 9. help secure and extend the stay to tourists by the competent authorities, if necessary. 10. doing securing health aid needed for tourists if necessary. 11. ensure tourists commitment laws in force in Syria when they enter the collective or individual visa based on a request from the institution and ensure that accompany them and secure the return of individuals or groups to their country. 12. secure tour guides to accompany tourists individuals or groups wherever they are on their way to provide the necessary explanations. 13. doing the marketing of tourist programs abroad and offer promotions for tourism in Syria in coordination with the ministry. 14. participation work and the organization of conferences, seminars and exhibitions, festivals and tourism under the supervision of the ministry. 15. contribute to the promotion of tourism regionally and internationally for Syria in coordination with the ministry and participation in four international tourist exhibitions annually as a minimum by the markets you care about. 16. contribute to the promotional activities carried out by the Ministry and its bodies. 17. engage in any activity of a tourist stamp approved by the ministry. Chapter II Umrah offices Article 4


Exercise Umrah offices the following agenda: 1. put the Hajj and Umrah and advertising programs with reasonable prices and ensure their implementation best picture. 2. contract agreements with the competent Hajj and Umrah in Saudi Arabia companies and the commitment to implement the signed contracts. 3. organization and execution of flights Hajj and Umrah to the Holy Land as agreed in the formal contract between the Office and the pilgrim and to ensure the accommodation, catering and visits holy places Services. 4. secure certified religious advisor of the Ministry of Awqaf and accompanied trips pilgrims. 5. sell or switch tickets for pilgrims and secure transfer and their luggage and booking seats necessary for them in the various modes of transport. 6. booked accommodation and catering for pilgrims to the tourist facilities in the territory of the Kingdom of Saudi Arabia. 7. contribute to the activities of the Ministry and its bodies. Chapter III travel Agencies Article 5 | ||
Exercise and travel agencies the following agenda: 1. sale or switch of tickets on different modes of transport air, land and sea. 2. sale of foreign and domestic tourism programs for the Syrians and residents in Syria in favor of the organization of the Syrian tourist trips and offices of domestic tourism institutions. 3 selling tourist trips abroad for the Syrians and residents in Syria in favor of the organization of tourist trips institutions programs. 4. the sale of the Hajj and Umrah programs for the Syrians and residents in Syria for the benefit of Umrah offices. 5. securing cargo and baggage for travelers through it and follow-up access to its purposes. 6. representation Agencies Syrian, Arab and international air carriers in Syria. 7. contribute to the activities of the Ministry and its bodies. Chapter IV of domestic tourism offices Article 6

Practiced domestic tourism offices of the following acts: (a) internal tourism and implemented programs to their advantage, accompanied by a licensed tourist guide with guarantees on the good execution by them and so as follows: 1. The announcement of the internal organization of tourist trips daily or half-day programs and implementation of accepted directly. 2. organization and implementation of internal tourism sold programs Syrian citizens by it. (b) Domestic tourism executing programs for the benefit of others, accompanied by a licensed tourist guide and provide guarantees on the good execution of the implementing tourism programs in their favor, according to the following: 1 - organize and implement tours internal daily or half daily to tourists within the city or to specific sites for the benefit of the organization of tourist trips requested by the institution. 2. organization and implementation of internal tourism sold programs for tourist groups exotic from abroad by organizing tours institutions. 3 organization and implementation of internal tourism programs for educational bodies and organizations of all kinds of official and private and public bodies. Chapter V and tourist agencies, media and promotion activities and tourism marketing Article 7

Exercised agencies tourism activities, media, promotion and marketing of tourism following acts and in coordination with the ministry:
1. Design and implementation of the embodiment of the historical life in the archaeological sites offers in coordination with the Ministry of Culture and the establishment of sound and light, festivals and events and exhibitions tourism offerings. 2. Implementation of advertising and marketing campaigns in favor of a single tourist worksites including the preparation of promotional publications and information materials tourist. 3. Implementation of campaigns media and advertising Exhibition Syrian tourism and weeks at home and abroad. 4. contribute to the implementation of the agreements signed with other countries and promote domestic and foreign tourist activities tourism agreements. Article 8

The agency activities, information, promotion and marketing of tourism shall submit to the ministry's annual its plan and a commitment to implement during the year so they can be coordination between the various activities by the ministry as you contribute to the implementation of plans and programs of the ministry approved. Chapter VI office of tourism services Article 9

Practiced tourist services offices the following agenda: 1. do all the required services for tourists through tourist sites licensed or work directly. 2. renting furnished apartments or camps or chalets stomach for rent tourist and qualified tourist. 3. sale of units allocated in hotel facilities licensed by the Ministry of Tourism timeshare externally and internally by regulating the system of contracts between the facility and the beneficiaries. 4. booking for its customers road transportation modes within the country and in the case of booking air or sea transport modes must be done mediated organized tours or agency Foundation Travel. 5. reservation to its customers by e-mail or any way of booking in hotels and restaurants and all the activities. 6. confined to office work licensed specifically to goal. Chapter VII obligations Article 10

1- the employer is licensed site Saahia- whether a natural person or Aattabaraa- responsible with the site manager for everything that is located at the site of the violations of the provisions of this Act and its implementing regulations: 2. The work tourist sites in their respective areas of competence and functions as follows: (a) preparation of publications, computer disks promotional, each according to its competence and subject to the prior approval of the Ministry reprinted. (b) make up positions on the Internet with the necessity to obtain the approval of the Ministry on its content. (c) implementation that is required of them in the framework of implementation of the conventions tourist signed with other countries within the plans and programs of the ministry approved. 3. No non-tourism work sites may be licensed in accordance with the provisions of this law doing business and special services provided for in articles (3-4-5-6-9) of this Act, each according to his own jurisdiction. 4. a must to organize tourist trips institutions commitment to organize tourist held for tourists departing on the way out and deposit a copy of it to the ministry. B- Umrah offices must abide by organizing contract to provide services to the Haj or Umrah and deposit a copy with him in the ministry . 5. remains of the views adopted by the Higher Committee for Haj carry out the tasks set forth in items (1-2-3-4-6) of Article 4 above with respect to the performance of the Hajj exclusively. 6. agencies shall maritime, land and air transportation companies or Arab and foreign licensed in Syria to do the following actions:
(A) works and services provided for in Article 5 - paragraphs 1-5 above for travelers on their lines. B- booking Differentiated or collective for travelers on their lines in B facilities without organizing tourist programs without obtaining the required license in this law. In a nutshell Exercise booking for tourist groups and implement its tourist programs must be through the organization of tourist trips licensed institutions in assets under this law. Title III Chapter I Article 11 licensing requirements

Offers a license for any tourist work site asked whether the institution or agency or the Office of the sites defined in the first article of this law to the Ministry of Tourism, or its directorates in the rest of the provinces by the natural personal or legal return her license attached documents and supporting documents specified in the instructions Executive of the law and to be licensed by a decision of the minister. I. in the event that the applicant natural personal follow the following procedures: (a) the applicant is subject to the following conditions: 1. to be an Arab from Syria or the like and a resident in Syria. 2-should not be convicted of a felony or misdemeanor. (b) to be achieving the conditions set forth in the executive instructions of this law. (c) in the event that the applicant several people must organize a partnership contract as set out in paragraph II below. II. in the event that the applicant legal personality and follow the following procedures: (1) the company's statute, adopted the company's progressing. 2. in the event included the founders of companies it is Syrians conditions shall be met for granting the tourism license to be a proportion of the contribution of the Syrians in the company of at least two-thirds of the capital, and to be right of management and the signature of the shareholder Syrian exclusively. 3. providing the commercial register, which replaced by record tourist at issuance. and shall apply to persons who work the tourist company has the same license applicable conditions for the licensing of tourism site. III define the conditions to be provided by the candidates for employment in any tourist site in the work of the executive instructions. Article 12

1- licensed institutions or agencies or updated offices within the Chamber of Tourism incubators or the Federation of Chambers of Tourism and applied to employees licensing conditions set forth in this law and functioning of these incubators under the supervision of the room division or the Union and be covered by guaranteed by. 2. Do not allow the updated institutions within incubators opening branches in other provinces. Chapter II Classification Article 13

Are classified based travel and tourism offices at the issuance of this law in one of four categories (organizing trips Foundation Saahih- agency Safar- Amra Office - internal tourism) Office of the decision of the minister, according to the following: (a) the owner of the office-based license offers at issuance this request to the ministry stating the category you want to work through it within three months from the date of issuance of this law the law.
(B) if he chooses to work as an institution organized tours or Umrah Office subject workers to display to the conditions contained in the executive instructions and re-examined in the license granted to the applicant who chose to work as an institution organized tours after three years and if it can not bring in a minimum of tourist nights outlined in FAQ Executive is modifying its license in accordance with its competence and according to his desire. Article 14

If the owner of the license issued after the entry into force of this law, or if the owner chose based desktop license chosen by the issuance of this law work as an institution organized tours were unable within three years to achieve the introduction of the minimum set of tourist nights in the executive instructions is adjusted according to the category of license the applicant asks in one of the other sites. Article 15

Decision of the Minister may: (a) transmission organization or agency or office to a new category of unlicensed or practice previously assigned to work more than one category, provided achieve the necessary conditions for the new class. (B) the exercise of the institution or agency or office all the work assigned to all categories after securing the necessary conditions for that according to this law, the executive and his instructions. Article 16

Is installed elements that have been working the tourist sites under license (Address, administrative staff) every five years. Article 17

May transfer the headquarters of the tourism work site after obtaining the approval of the ministry to a new headquarters and on the same terms as apply to change headquarters. Chapter III capital and guarantees Article 18

1- must not be less than the actual capital, an employee of any of the tourist sites of all kinds of knowledge work in the first article of this law for a minimum of 300,000 three hundred thousand Syrian pounds. 2. progress of tourism sites of all kinds of knowledge in the first article of this law a financial guarantee for her work be worth between the minimum (150,000) one hundred and fifty thousand pounds and the upper limit (500,000) five hundred thousand Syrian pounds and determine the financial guarantee of the value of the operational instructions by category and geographic location. 3. this is the guarantee of the financial basis for the payment of what may decide on the work site tourism from fines and damages resulting from the transgressions of the provisions of this Act or breach of contracts with third parties where liquefaction financial guarantee by the Minister for the payment of such compensation and fines imposed legally and should be on the tourist-site re-completion of the value of the guarantee to return the amount due within three months from the date of liquidated . 4. financial guarantee take one of the following forms: (a) bank guarantee. (b) a certified check. (c) an insurance policy issued by an accredited insurance companies in the Syrian Arab Republic believes tourism work site within the bank guarantee system and the insurance company job with respect to liquidate the bank guarantee or pay instead of the damage caused by poor implementation or otherwise.
5. organize trips or Umrah offices that perform trips abroad after the ministry deposit the approval of additional financial guarantee with the ministry of a certified check or bank guarantee of one million Syrian pounds a year, or the value of the institutions should be (25%) of the cost of all external or tourist trip flight Haj or Umrah by routers and is released automatically after one month from the end in the event of non-receipt of any complaint. It can accept an insurance policy as mentioned in item / 4 / c of this article of one million Syrian pounds annually. 6. may installment guarantee for tourism offices and travel list before the issuance of this law in two annual sessions by the tourism work that will sort of work the site for a period of only two years from the date of entry into force of this law. 7. in the event of a branch or branches of the site of tourism increased the minimum capital required for the main site as well as financial guarantee (50%) for each branch follows the main site. 8. can modify the value of a financial guarantee contained in paragraphs / 2-5 / of this article or minimum and maximum limits of the guarantees or the minimum capital a decision issued by the Prime Minister on the proposal Minister. Chapter IV offenses and penalties Article 19

1- formed by a decision of the Minister, administrative commission judicial nature to decide on the breaches committed by the tourism work site according to the following: - a judge named by the Minister of Justice, President - Director of Legal Affairs in the Ministry member - competent director in the ministry member - a representative of the Interior Ministry member - a representative of the Ministry of Awqaf member - Head of the relevant department in the ministry member and a secretary - a representative of the Federation of Chambers of Tourism 2. the members of the Committee the following tasks: (a) to decide in cases of cancellation of the license set forth in Article 23 of this Act and instructed the executive. b deciding to liquidate the financial guarantee for the commission of any violation of the provisions of this law and determine the amount of the fine due on the site was not mentioned in Article 20 thereof or breach of contracts with third parties. (c) examine cases referred to it by the minister and submit proposals It may be necessary. 3. this committee meets whenever the need arises at the invitation of its chairman and decide on the cases before them according to paragraphs (a-b) majority, and when parity is likely by the President of the Commission. 4. the Committee shall submit its decision in the case and -o- -b- to the Minister. 5. The Minister will issue a decision to implement the Commission's decision and have all of the resolutions concluded and is not subject to any of the means of appeal or review. Article 20

(A) Any violation of the provisions of the articles of this law or executive instructions or decisions issued pursuant to the provisions punishable with a fine of not less than (three thousand and not more than a hundred thousand Syrian pounds) through the monetization of financial guarantee. (B) each of the violations set forth below committed by a workplace requires fine according to what is shown in the following table: (1) the announcement of tourist trips to the outside diameter or the announcement of a pilgrimage or Umrah without the approval of the Ministry 3000 SP 2. implementation of tours outside the country or a trip Haj or Umrah without the approval of the Ministry of 15000 SP 3. The lack of commitment to the implementation of the flight programs, whether external or tourist trip a pilgrimage or Umrah 25000 SP
4. The lack of commitment to the implementation of an internal excursion program under the terms of the Declaration of 15000 SP 5. breach of the terms of deal cut travel 10,000 tickets SP 6. Non-compliance with laws and regulations governing travel 10,000 SP 7. failing to secure a licensed tourist guide to accompany exotic tourist Group 15,000 SP 8. failing to secure Musharraf on executing tourist trip to outside the country, including the Hajj or Umrah trips SP 20000 9. change the headquarters of the tourism work site without the knowledge of the ministry 10. 10000 SP change the administrative staff without informing the ministry of 15000 SP 11. practice work before getting a license 25000 SP 12. practice of professions or nothing to do with the license granted 10,000 SP 13. Investment job site by a non-licensee 25000 SP 14. prejudice specifications licensed 15,000 SP 15. exercise any acts affecting ethics 30000 SP 16. violation of any condition of the license conditions 20000 SP 17. non-compliance with the instructions of the ministry's 10000 Q. 18. temporary closure of the site of tourism 10000 SP 19. Permanent closure of the site of tourism 25000 SP C- minimum and maximum limits amendment to the penalties set forth in paragraph (a) of this Article by a decision of the Council of Ministers on the proposal the Minister. (d) impose fines for breaches of the above-mentioned decision of the minister e doubled the fine for violations set forth above, while the offense for the second time by a decision of the minister. (f) the Committee will decide in assessing the fines for cases referred to it within the limits set forth in the above item -o- and a decision by the Minister to do so after the ratification of the minutes of the Commission meeting in assets. Article 21

A so-called insiders decision of the Minister in the Ministry and its departments in the provinces and delegate in the judicial police after their performance the following oath before the Court of First Instance in the province, which authorize them. «I swear to God that I do my job with honesty and integrity» and have them as such adjust the violations of the provisions of this Act and the regulations and instructions issued in implementation of its provisions. (B) subject to the tourist all categories mentioned to the supervision of the ministry work sites, according to the provisions of this law. Article 22

The public prosecutor at the request of the Minister, move and prosecuting cases related to the issues of tourism work sites and branches before all courts of different degrees. Chapter V license revocation and closure of Article 23

A license shall be a decision of the minister without the display on the committee in Article 19 of this law in the following cases: (1) provide the licensee requests feel his desire to revoke the license. 2. The licensee shall declare bankruptcy. 3 deaths licensee, in the absence of progress heirs request to renew the license in their name within three months from the date of the death of the licensee and the need for the applicability of the special licensee conditions on one of them. 4. a court ruling definitively felony or misdemeanor infamous right of the licensee. 5. downtime or close the work site for a whole year without legal justification. (b) the license shall be canceled after the decision of the minister to the committee provided for in Article 19 of this law in the following cases: (1) assign the license. 2. the loss of one of the conditions laid down Article 18 of this law.
(C) of the ministry to freeze or cancel the tourism license is entitled pursuant to a reasoned proposal of the Commission provided for in Article 19 above for irregularities before it. (D) shall be entitled to the ministry to freeze or cancel the job site temporarily for a period not exceeding three months, adding the financial penalty provided for in paragraph - (b) of Article 20 in the event of a repeat offense or committing more than one offense at the same time. (e) the Ministry shall deposit a copy of the resolutions of the freeze or cancellation issued against tourist sites to the work of the Ministry of social Affairs and labor. (f) shall be entitled to the ministry close any site exercise business covered by this law without a license issued tourist assets for the ministry. (g) shall be entitled to the minister Remember seizure in the event of an objection offending site owner in the light of the study of the competent Directorate and evidence of the health of the objection. Article 24

In the event of cancellation of the license of any tourist site work is kept at the Ministry of Finance Safeguard for six months. Article 25

May freeze the decision of the minister of tourism license for any tourist site work for a period not exceeding one year at the request of the license holder, after his studies at the competent directorate. Part IV FINAL PROVISIONS Article 26

License does not exempt under the provisions of this law, the license holder to obtain the necessary approvals from other authorities. Article 27

Must be on owners of licensed travel and tourism offices and existing work before the issuance of this law reconcile their offices conditions in accordance with the provisions of this law, as set out in the operational instructions. Article 28

Conditions and tasks set forth in the applicable law and private offices of tourism services on real estate offices that rent furnished apartments for tourists and office rental chalets practiced tourist leasing. Article 29

Minister shall issue the decisions and instructions of the Executive of the provisions of this law. Article 30

Finished work by Law No. 458 of 1957, as amended, and other objectionable provisions of this law. Article 31

Published this law in the Official Gazette. Damascus on 14/01/1430 H corresponding to 11/01/2009 AD's.


President
Bashar al-Assad












Egyptian lawyer Nahel