On Tourism
(Bulletin of the Mejlis of Turkmenistan, 2010, № 2, p. 31)

(As revised by the Law of Turkmenistan
22.06.2013, № 414-IV)

This Law defines the legal, economic, social and organizational bases of tourist activity in the territory of Turkmenistan.

CHAPTER I. GENERAL PROVISIONS

Article 1. The purpose of this Act

The purpose of this Act is to create a legal framework for the development of tourism as a highly profitable sector of the economy and development of the tourism market, providing employment, increase foreign exchange earnings, to protect the rights and legitimate interests of tourists and tourism stakeholders, define their duties and responsibilities.
This Law shall apply to legal entities and individuals whose activities are related to the provision of tourism services, as well as those who receive them.

Article 2. The basic concepts used in this Law

In the present Law the following basic concepts:
tourism - the travel of individuals with permanent residence in the country (place) of temporary stay for recreation, recreational, educational, professional and business, education, sports, religious and other purposes without gainful employment activities;
Tourist activities - legal entities for the organization of travel and tourism related services, as well as natural persons (registered as individual entrepreneurs) providing travel services;
Tour - a journey on a particular route in a specific time frame, provided a complex of tourist services;
Comprehensive travel service - a complex technology-related services provided or offered to provide to the customer (consumer) of the total price as a part of at least two services (accommodation and transport);
Tourist - an individual who commits a journey through the territory of Turkmenistan or abroad for a period of twenty-four hours to six months, or less than twenty-four hours, but with one overnight stay for a holiday in health, educational, professional and business, education, sports, religious and other purposes, without occupying a remunerated activity;
Tourist operator activities (tour operator activities) - activities of legal entities that are licensed for tourist activities and carrying out activities in the formation, promotion and implementation of the tourism product for travel agents and tour. The tour operator has the exclusive right to provide services for organization of outbound tourism;

Travel agency activities (travel agency activities) - the activity of legal entities and individuals licensed for tourist activities and carrying out promotion and implementation of the tourism product for outbound tourism developed by the tour operator. Travel Agent performs independent activity in organizing inbound and outbound tourism;
Tourist services - subjects of tourist activity on the accommodation, food, transport, information and advertising services, and other services to meet the needs of tourists;
Tourist resources - natural and climatic, including specially protected natural areas, as well as historical, social, cultural, recreational facilities, including tourist display objects, and other objects that can satisfy the spiritual needs of tourists contribute to the reconstruction and development their physical strength;
Tourist product - a set of tourist resources, consumer goods and services, intended for the implementation of the tourist;
Tourism industry - a set of means of transport, accommodation facilities (accommodation), food items, and the entertainment industry, the objects of informative, professional and business, health, education, sports, religious and other purposes, organizations engaged in tour operator and travel agency activities, and organizations providing excursion services and services of guides and interpreters;
Objects of the tourism industry - property, property complexes (enterprises), information, intellectual property, and intangible goods belonging to subjects of the tourism industry on the right of ownership and other legal grounds (under contract, etc.), and used by them for the provision of services. The objects of the tourism industry are the means of accommodation and means of transport, catering, objects of spiritual and material culture, information resources and information systems, tools for automated information systems and technologies;
Promotion of tourist product - a set of measures (advertising, participation in exhibitions and trade fairs, organization of tourist information centers for the implementation of tourism products, publishing and distribution of catalogs, booklets), aimed at providing tourism services;

Guide-interpreter (guide) - professionally trained physical person providing excursion information and organizational services to tourists to acquaint the tourist resources of Turkmenistan. Guide-interpreter fluent in the language or lingua foreign tourists for their language, the guide speaks the official language of Turkmenistan or commonly understood language for the tourists;
Instructor Tourism - professionally trained individual with relevant qualifications and experience of the passage of tourist routes for Turkmenistan;
Excursion activity - business entities of the tourism industry to provide excursion services;
Excursion services - services in the organization of travel of individuals no longer than 24 hours (tour) to get acquainted with cultural, historical, architectural and other objects of tourism with a guide, a guide-interpreter, a person endowed with the right to conduct tours;
Tripper - a natural person who commits the tour in order to get acquainted with the tourist resources in the place of residence for a period not exceeding 24 hours;
Hotel business - business entities of the tourism industry for the provision of hotel services;
Hotel services - actions (operations) for the placement and temporary residence users (guests) in collective and individual accommodation facilities, as well as other actions (operations) associated with accommodation and temporary accommodation;
Collective accommodation facilities (hotels, motels, etc.) - The property complex, which is under the unified leadership and consisting of a minimum of 10 rooms, and in the cases established by the legislation, as classified by category (class), depending on the level of services and equipment available;
Individual accommodation facility - apartments, rooms in apartments, houses, cottages, are handed over to the hiring to provide travel services for temporary accommodation of tourists;
Financial guarantee - documented a confirmed commitment to a third party to pay damages that may be caused as a result of non-performance or improper performance of the tourism stakeholders of their obligations arising under the contract on the implementation of the tourism product.

Article 3. Legislation of Turkmenistan on tourism

The legislation of Turkmenistan on tourism based on the Constitution of Turkmenistan and consists of this Law and other normative legal acts of Turkmenistan regulating tourism issues.

If an international treaty of Turkmenistan provides other rules than those established by this Law, the rules of the international treaty.

Article 4. Types and forms of tourism

1. The types of tourism are international and domestic tourism.
International tourism includes:
a) inbound tourism - travel of foreign citizens and stateless persons permanently residing with the exception of Turkmenistan, within the territory of Turkmenistan;
B) outbound tourism - traveling of citizens of Turkmenistan, as well as foreign citizens and stateless persons permanently residing in Turkmenistan and outside Turkmenistan.
Domestic tourism - traveling of citizens of Turkmenistan, as well as foreign citizens and stateless persons permanently residing in Turkmenistan, within the territory of Turkmenistan.

2. This Act provides recreational, cultural, educational, professional and business, education, social, environmental, sports, active, pilgrimage and other types of tourism.
Under recreational tourism refers to tourism, carried out with the purpose of recreation, restoration of human strength expended in the labor process.
By cultural tourism refers to tourism, carried out with the purpose of visiting sites of historical and cultural significance and participation in cultural events.
Under the professional business tourism refers to tourism, carried out in order to participate in congresses, conferences, talks, seminars, conferences, trade fairs, exhibitions and other business events.
By educational tourism refers to tourism, carried out with educational and scientific purposes: training, work-related or profession of the visitor; education; research activities and academic holidays; language programs for adults and children both in educational institutions and summer camps without the educational process.
By social tourism refers to tourism, carried out in whole or in part at the expense of the Turkmen State Budget allocated for social purposes, as well as funds of legal entities, individual entrepreneurs and individuals. By social tourism are: children and youth tourism; family tourism; tourism elderly, disabled and veterans; medical and health tourism; visiting friends and relatives, and more.
Under the eco-tourism refers to tourism, carried out with the purpose of visiting the unique natural sites, nature reserves, national parks, as well as participation in activities for nature protection purposes.

By sports tourism refers to tourism associated with the participation in the sports enthusiasts or professionals (with the exception of a commercial nature), as well as visits to sporting events as a spectator.
Under active tourism refers to tourism related to the active means of transportation on the route (on foot, mountain, bicycle, horse, camel, water, and other track).
By pilgrim tourism refers to tourism in order to visit the holy places and to participate in religious activities. 3
. Tourist travel is carried out individually or in groups of tourists.

Article 5. Subjects and objects of tourism

1. To the subjects of tourist activities include:
- tour operators (tour operators);
- Travel agents (travel agents);
- Guides and interpreters, guides;
- Instructors on tourism;
- Other business entities that provide services for the provision of placements (residence), food, and transportation, sightseeing, entertainment and other tourist services.
2. Objects of tourism - natural objects and natural-climatic zones (including protected areas), attractions, historical, ethnographic and socio-cultural objects and other display objects that can satisfy the needs of tourists while traveling.

Article 6. Travel Services

The main types of tourist services are:
1) services to provide tours;
2) services to provide placement (collectively, specialized, individual accommodation facilities);
3) the provision of food;
4) information, advertising services (information services, advertising agencies and advertising agencies);
5) transport services (transportation services by road, rail, air, water, and other modes of transport);
6) Entertainment services;
7) other tourist services.

Article 7. Tourism resources

1. Classification and evaluation of tourist resources of Turkmenistan, the mode of their protection, preservation of integrity in their recovery actions, as well as how to use, taking into account the maximum permissible load on the environment are defined in accordance with the law.
2. The use of tourism resources is carried out by all tourism stakeholders in view of sustainable development of tourism.
Sustainable tourism is a controlled process of providing global resources to ensure their viability, creating, thus, the possibility of preserving the natural and cultural heritage of Turkmenistan.

When using tourist resources, located in a special protection regime, tourists should not be limited to the exercise of the rights provided by this Law.

Article 8. State cadastre of tourist resources of Turkmenistan

1. In Turkmenistan, the State conducted an inventory of tourism resources of Turkmenistan, which contains information on the status of these resources, their geographical location and boundaries, users of natural resources, scientific, economic, environmental and cultural values, as well as their security mode.
2. The body responsible for maintaining the State Cadastre of tourist resources of Turkmenistan, the order of reference, as well as the procedure for assigning resources to the tourist by the Cabinet of Ministers of Turkmenistan.

Article 9. Export and import of tourist services

1. Provision of tourist services related to organization of tourism on the territory of Turkmenistan, is the export of tourist services.
2. Provision of tourist services related to organization of outbound tourism from Turkmenistan, is the import of tourist services.

Chapter II. State regulation in the sphere of tourism

Article 10. The bodies of state administration in the sphere of tourism

State management in the tourism sector in Turkmenistan is carried out by the Cabinet of Ministers of Turkmenistan, the authorized body of state management in the sphere of tourism, local executive bodies within their competence in accordance with the law.

Article 11. The principles of state regulation in the sphere of tourism

The main principles of state regulation in the sphere of tourism in Turkmenistan are:
- Promotion of tourism and creation of favorable conditions for the development of international and domestic tourism;
- The development of the tourism industry as the priority directions of the state social and economic policy of Turkmenistan;
- Forming ideas of Turkmenistan as a country favorable for tourism development;
- Sustainable development of tourism in the territory of Turkmenistan;
- Popularization of domestic tourism resources;
- Priority support for small and medium enterprises in the tourism sector;
- Development of competition and prevent monopoly of the state on the tourism market of Turkmenistan;
- Transparency and openness in the development, adoption and application of measures of state regulation in the sphere of tourism;
- The validity and objectivity of the application of measures of state regulation in the sphere of tourism;
- The unity of the system of state regulation in the sphere of tourism.


Article 12. The objectives, priorities and methods of state regulation in the sphere of tourism

1. The main objectives of the state regulation in the field of tourism are:
- the creation of favorable conditions for rational use of leisure time and tourism accessibility for all categories of tourists;
- Development of tourism and the tourism industry of Turkmenistan by creating new jobs and raising living standards of people living in places of temporary stay of tourists;
- Environmental protection;
- The development of the tourism industry, ensuring the needs of tourists;
- Liberalization of the exchange of goods, works and services in the tourism industry in line with international agreements and treaties of Turkmenistan taking into account the interests of citizens and the tourism industry of Turkmenistan;
- The development of international tourism contacts;
- Training of highly qualified personnel in the field of tourism.
2. Priority directions of the state regulation in the field of tourism are:
- the emergence of tourism as a highly profitable sector of the economy of Turkmenistan;
- Support and development of tourism organizations and businesses, as well as support for individuals engaged in inbound and / or domestic tourism in the territory of Turkmenistan;
- Creation of favorable conditions for investment in tourist facilities. 3
. State regulation in the sphere of tourism is carried out by:
- establishment of the order of creation and activity of state bodies authorized to perform state management in the sphere of tourism in Turkmenistan;
- Establishment of common rules of the different types of business and other economic operators of the tourism industry and monitoring of its implementation;
- Licensing of tourist activities, standardization and certification services of the tourism industry in accordance with the law;
- The development and implementation of targeted, investment and other programs, concepts and projects in tourism;
- Education in Turkmenistan national tourist zones with a high tourism potential;
- Creating favorable conditions for the development of tourism;
- Attracting domestic and foreign investment in the tourism industry;
- State support of priority types of tourism and business entities of the tourism industry;
- State support for the development and implementation of state programs of development of tourism in accordance with the law;
- Conducting statistical account in the sphere of tourism;

- Expert-analytical assessment of the dynamics of the tourism industry;
- Establishing qualification requirements for training in the field of tourism personnel;
- Protect the rights and interests of participants of relations in the sphere of tourism and the tourist industry.

Article 13. Competence of the Cabinet of Ministers of Turkmenistan in the sphere of tourism

The Cabinet of Ministers of Turkmenistan in the sphere of tourism:
1) ensure the implementation of the Constitution of Turkmenistan, this Act, the President of Turkmenistan acts and decrees of the Cabinet of Ministers of Turkmenistan, international agreements related to tourism;
2) exercises normative regulation of activity of bodies of state management of tourism;
3) develops the state policy in the sphere of tourism;
4) ensure the implementation and protection of the rights and freedoms of man and citizen in the field of tourism;
5) carries out the state control in the sphere of tourism;
6) organizes in the tourism sector reform based on international standards and experience the history and mentality of the nation;
7) develop, adopt and ensure the implementation of targeted programs for the development and improvement of the tourism system;
8) implement measures for the development of scientific research in the field of tourism;
9) ensures cooperation with foreign countries and international organizations in the sphere of tourism.
10) resolve other questions related to its competence by the legislation of Turkmenistan.

Article 14. Competence of the authorized body of state management in the sphere of tourism

The competence of the authorized body of state management in the sphere of tourism include:
- Realization of state policy in the sphere of tourism;
- Development of promising areas of tourism development, the requirements for its content, level and volume;
- Participation in the development of tourism development programs in Turkmenistan and their implementation;
- The development of indicators of the State Budget of Turkmenistan in the sphere of tourism;
- Development of standards and definition of public tourist service standards in Turkmenistan;
- Implementation of regulatory and methodological guidance, control and coordinate the activities of the management bodies in the tourism field, as well as subjects of tourist activity;
- Licensing of tourist activities, certification of tourist services in accordance with the law;
- To promote the development of competition in the market of tourist services, the creation on it equal conditions for all the subjects of tourist activity;
- Provision of international relations with other countries, study and dissemination of best practices, representing the interests of Turkmenistan in international tourism organizations;

- Implementation of training, retraining and advanced training of personnel;
- Development of the order of certification and training of tourism personnel;
- Carrying out research works in the field of tourism;
- Monitoring compliance with this Law and other normative legal acts of Turkmenistan on tourism activities;
- Other issues related to his authority the legislation of Turkmenistan.
Normative legal acts of the state administration in the sphere of tourism are taken in consultation with the Cabinet of Ministers of Turkmenistan.

Article 15. Competence of local executive authorities in the tourism sector

The competence of the local executive authorities in the tourism sector are:
- ensuring the implementation of measures for the implementation of state programs of development of tourism in Turkmenistan;
- Development and implementation of local and regional tourism development programs;
- Implementation of measures for the creation of tourism infrastructure;
- Development and support of entrepreneurship in the tourism sector;
- Monitoring compliance with the legislation in the sphere of tourism in the territory under their jurisdiction;
- Promoting the strengthening of material-technical base of tourism in the territory under their jurisdiction;
- Social protection, tourism professionals, as well as the creation of conditions for their work in accordance with the regulations logistical and financial support;
- Determination of needs and the formation of an order for staff in the tourism sector, contracts for their training;
- Other issues ascribed to them by the legislation of Turkmenistan.

Article 16. Interagency Coordination expert and Tourism Council under the Cabinet of Ministers of Turkmenistan

1. Interagency Expert Coordination COUNCIL of Tourism under the Cabinet of Ministers of Turkmenistan is created in order to improve cooperation between state bodies of subjects of tourist activity on the creation of favorable conditions for sustainable tourism development in Turkmenistan, enhance economic efficiency, creating a competitive environment, the protection of the national market of tourist services, and to make recommendations on:
a) implementation of the state policy in the sphere of tourism and the development of competition by attracting and making effective use of financial resources for the implementation of the relevant target programs, projects and activities;
B) the implementation of international treaties of Turkmenistan and international support issues and tourism development programs;
C) promotion and protection of interests of subjects of tourist activity.

2. Regulations on the Interdepartmental Expert-Coordination Council for Tourism under the Cabinet of Ministers of Turkmenistan, as well as its composition shall be approved by the Cabinet of Ministers of Turkmenistan.

Article 17. Tourism Development Programme in Turkmenistan

1. For the purposeful development of tourism in Turkmenistan developed national and regional programs of development of tourism.
2. Programme of development of tourism can be developed in the short term (up to 3 years), medium term (3-5 years) and long term (over 5 years) periods. 3
. The tourism development program defines the objectives, tasks, deadlines, the system of program activities, resource provision, implementation and monitoring mechanism, the expected socio-economic results.
4. The state program of tourism development in Turkmenistan, approved by the President of Turkmenistan.
5. Local programs are organizational and financial basis for the development of tourism in the provinces, the cities with the rights of velayat, etrap towns with the rights of etrap. They are developed and approved by the local executive authorities.
6. The program provides:
1) the creation of conditions for the development and updating of material and technical base of tourism, including through the provision of grants and subsidies to legal entities and individual entrepreneurs engaged in the development of domestic and inbound tourism;
2) determination of priority directions of development of tourism in Turkmenistan and more efficient use of the existing material and technical base of the tourism industry;
3) development and adoption of normative legal acts in the field of tourism and business entities of the tourism industry;
4) carrying out investment, pricing and tax policies that stimulate the development of inbound and domestic tourism;
5) expansion of inter-sectoral and inter-regional coordination in the field of tourism, as well as contacts with foreign countries;
6) scientific and information support of tourism;
7) Support for small and medium enterprises in the tourism sector;
8) creation of conditions for the training and retraining of workers engaged in servicing tourists.

Chapter III. National tourist zone

Article 18. Establishment of the national tourist zone

1. National tourism zone - a definite act of the President of Turkmenistan territory with clearly specified administrative and territorial boundaries and the special legal, tax and customs regimes.

2. National tourist zone is created in order to stimulate investment activity aimed at a comprehensive solution of problems on creation of tourist facilities that meet international standards, the development and modernization of tourism infrastructure and tourism development. 3
. Creation of tourist facilities and infrastructure development of the national tourist zone can be carried out with the involvement of foreign investments.
4. Monitoring compliance with this Law and other normative legal acts of Turkmenistan persons engaged in economic activity in the territory of the national tourist areas, performed by the authorized body of state management of the national tourist zone and the authorized body of state management of tourism.

Article 19. Competence of the authorized body of state management of the national tourist zone

Authorized body of state management of the national tourist zone takes the following powers:
- carries out administrative-territorial management tourist area;
- Developing prospective and current program of development of tourist areas;
- Defines the main directions of activity, investment attractiveness criteria, compliance with the objectives of its creation of long-term social and economic interests of Turkmenistan;
- It attracts investors, taking into account the best technical and financial proposals for the development of tourist facilities and infrastructure of the tourist zone;
- Examines investment projects;
- Concludes contracts of civil nature with the subjects of the tourist zone;
- Organizes and controls the basic infrastructure of the tourist zone;
- Coordinates the creation and improvement of the tourist zone and the objects of its infrastructure;
- Together with the authorized state body in the field of environmental protection to protect and preserve the natural environment of objects on the territory of the tourist area;
- Provides status of the subjects of the tourist zone and leads them accounting;
- Provides control over the activities of the tourist area, the implementation of concluded agreements and quality of tourist services;
- Performs other functions within its competence in accordance with the law.

Article 20. Subjects of the national tourist zone


1. The subjects of the national tourist zone recognized by individuals and legal entities of Turkmenistan, foreign legal entities, conclude an agreement with the authorized body of state management of the national tourist zone for the territory of the tourist area:
- investment activity;
- Of construction and construction works associated with the construction of new facilities for the reception of tourists and their infrastructure in the national tourist zones or outside them, solely for the purposes of the activities of national tourist zones;
- Admission service of tourists, including accommodation, catering, provision of individual household and medical and sanitary services, entertainment and other tourist services in the territory of the national tourist areas, as well as services related to the management and operation of tourist facilities on territory of the national tourist zone.
The subjects of the national tourist zone can be recognized by persons performing services and activities outside the tourist zone, provided that these activities and services are needed only for the operation of the national tourist zone.
2. The order of the national tourist zone status of the subject is established by the Cabinet of Ministers of Turkmenistan. 3
. Upon termination of the contract subject of the national tourist zone loses its status and in accordance with the law have the right to engage in entrepreneurial and investment activities on the territory of the national tourist zone on a common basis.

Article 21. The order of the national tourist zone

1. Rights and obligations of the subjects of the national tourist zone established by the terms of the contracts concluded in accordance with the law.
2. Allocation of land plots on the territory of the national tourist zone of the subjects of the national tourist zone is carried out in accordance with the procedure established by the Code of Turkmenistan "On the land."

Article 22. The special legal regime of business activity in the territory of the national tourist zone

In the territory of the national tourist zone to the subjects of the national tourist zone applies a special regime of entrepreneurial activities shall be granted tax, customs and other privileges established by the legislation of Turkmenistan.



Chapter IV. Tourism


Article 23. Licensing of tourism activities


1. Licensing of tourism activities carried out in accordance with the Law of Turkmenistan "On licensing of certain activities" and this Law.
2. Regulations on licensing of tourism activities in Turkmenistan, approved by the Cabinet of Ministers of Turkmenistan.

Article 24. Certification of tourist services

1. Certification services in the tourism and travel industry, provided by legal entities and individuals, according to the procedure stipulated by the Law of Turkmenistan "On certification of products and services", this Law and normative legal acts of Turkmenistan adopted in accordance with them.
2. In the course of certification services to tour operators and travel agents are requirements:
a) to the material-technical base of tourism stakeholders;
B) personnel to the subject of tourism. 3
. With respect to placement into categories (classes) are requirements:
a) to the building and the surrounding area;
B) to a numbered fund;
C) to the services provided;
G) personnel and level of training.
4. According to the results of certification by an authorized body of state tourism management issued a certificate of conformity.
5. The procedure for certification of tourist services on the territory of Turkmenistan is determined by the Cabinet of Ministers of Turkmenistan.

Article 25. Register of subjects of tourist activity

1. In order to protect the rights and legitimate interests of consumers of tourist services, to ensure tourism safety, protection of natural, historical and cultural values ​​in Turkmenistan is carried out keeping the register of tourism entities.
2. The register of subjects of tourist activity is carried out by the authorized state body in the sphere of tourism. 3
. The procedure for maintaining the registry of tourist activity, including conditions and procedures for the certification of professional guides and interpreters (guides) and instructors on tourism, determined by the authorized body of state management in the tourism sector in coordination with the Cabinet of Ministers of Turkmenistan.

Article 26. Rights and obligations of the subjects of tourist activity

1. Rights and obligations of the subjects of tourism activities determined by this Law and other normative legal acts of Turkmenistan.
2. Tourism stakeholders have the right to:
tour carried out in accordance with this Law and other normative legal acts of Turkmenistan;
Receive in state bodies and other bodies of the information necessary to carry out their activities in accordance with the legislation of Turkmenistan;

Participate in the development of tourism development programs;
Provision of consulting and information services related to the travel organization.
Tour operators and travel agents in addition to the above rights are entitled to:
formation tour on your own, on request of participants or the subjects of tourist activity;
Determine the minimum number of travelers required to carry out the tour. 3
. Tourism stakeholders are obliged:
a) to provide tourists with full and accurate information about the organization and carrying out of the tour;
B) organize the provision of tourist services in accordance with the information provided;
C) ensure the safety of life, health and safety of travelers the property;
G) Provide statistical reporting to the relevant tourism authorities.
Tour operators and travel agents in addition to the above responsibilities to realize tourist voucher (vouchers) tour and conclude an agreement with them on a guided tour, and the provision of travel services.
Individuals if they have the relevant documents are: to carry out the function of guides and interpreters, instructors on tourism, guides; provide catering services, accommodation, transport support, booking and purchase of travel tickets; provide other additional services for the tourism organization.
4. The subjects of tourist activity in the organization and implementation of the tour meet the client as for his own actions and for the actions of its partners in the organization of the tour (providing accommodation services (accommodation), food, transportation and other services included in the program of tourist visits and mentioned in tourist voucher), and its sale (agents listed in the travel voucher).

Article 27. Formation of the tour

1. Formation of the tour includes the preparation of the tour program and the formation of a complex of tourist services (at least two) required to perform in accordance with the travel tour program.
By the formation of the tour also includes the acquisition of the right to the realization of a tour of the complex of tourist services, formed a non-resident of Turkmenistan.
The complex of tourist services comprise services that provide tour operators and travel agents in person and (or) rights that they acquire on the basis of agreements with third parties.
2. The tour includes:
tour itinerary, date and time of the beginning and end of the tour;
Order of arrival and departure, the tourist escort;

Characteristics of vehicles engaged in tourist transportation, terms of connections (combined) flights, other mandatory information provided by the legislation of Turkmenistan on transport activities;
Characterization facilities for tourists, including their location, the right of temporary residence, as well as other required information, established by the legislation (place) of temporary stay;
Order to ensure the tourist supply during the tour;
List and description of other tourist services rendered.

Article 28. Implementation of the tour

Tour Implementing the subject of tourism activities on the basis of a contract concluded in accordance with this Law.
Tour tourist Implementation is carried out under a contract for the provision of tourism services.

Chapter V. The procedure for the conclusion and the conditions of execution of contracts tourism stakeholders

Article 29. General Conditions of the formation, promotion and implementation of the tourism product

1. Tourist product formed tour operator and travel agent based on the situation of the tourism market, or on a specific request of a tourist or a foreign partner.
2. The tour operator providing tour provides all the services included in the tourist product, directly or through third parties. 3
. Promotion and implementation of the tourism product for outbound tourism travel agent on the basis of a contract concluded with a tour operator. In this agreement shall contain the conditions of promotion and implementation of the tourism product a travel agent, as well as the mutual responsibilities of the parties.
4. Tour operator and travel agency in the implementation of the tourism product to fix prices for it.

Article 30. The contract for travel services

1. The contract for tourist service shall be in writing. For foreign tourists travel services in Turkmenistan an agreement with foreign tourists on a guided tour of an individual, and foreign partners can be prepared by the issuance of travel vouchers (voucher).
2. Form of the contract for the provision of tourist services and its contents and conditions established by tourism stakeholders. 3
. Under a contract for the provision of tourist services the Contractor undertakes to provide the Customer with a comprehensive travel service, organized by the Contractor in advance, or on an individual project of the Customer, and the Customer undertakes to pay for such service.

4. Executor is a tour operator and travel agent who signed the service contract for tourist services, regardless of whether the services are offered tourist services (or part of them), a tour operator and a travel agent or a third party - the subject of the tourism industry.
5. Customer is a consumer (tourist), ordering services for tourist services.
6. The contract may provide the opportunity of laying performance tour operator and travel agent of some or all of its obligations under the contract for the provision of tourist services on third parties - subjects of tourist activity. Laying a tour operator and travel agent on the performance of the obligations of third parties does not exempt the operator and travel agent from liability to the tourist for the provision of all services included in the complex of tourist services.
7. The contract must be drawn up in an intelligible form of the tourist. Tour operator and travel agent must give the tourist a copy of the contract, drawn up in accordance with the law.
8. To relations under the contract for travel services with the customer - the consumer, are not regulated by the civil legislation of Turkmenistan, this Law shall apply the Law of Turkmenistan "On Protection of Consumer Rights" and other normative legal acts adopted in accordance therewith.

Article 31. Tourist voucher (voucher)

1. Tourist voucher (voucher) confirms the conclusion of the contract for travel services.
2. Tourist voucher (voucher) must contain:
a) the name, address of the organizer and seller of travel license number, date and place of issue of the license;
B) surname, name and patronymic, passport number or identity of the tourist card;
C) characteristics and location of service standards, food, transportation and other services included in the tour cost (travel);
D) a description of the tour program (time, location) and the name of the event for the tourist on the days of his journey;
E) the total cost of travel (travel) and the terms of payment by the client - full advance payment, partial advance payment / advance payment on the fact of services received after the end of the trip;
E) a description of the conditions and circumstances under which the tourist can abandon the tour (no redress, with a partial or full reimbursement of indemnification subject of tourism activities);
F) a description of the forms and the amount of compensation for the violation of his tourist travel conditions, as stipulated by the voucher (voucher) and admitted to the fault of tourist activities;
H) other conditions, if they deem it necessary, indicate tourist and tourism enterprises.
3
. Tourist voucher (voucher) is issued to the tourist tourism stakeholders and is a document of strict accountability, as well as document accounting tourist turnover at the intersection of State borders.
4. A sample of the tourist voucher (vouchers) are developed and approved by the authorized body of state management of tourism.

Article 32. Rights and obligations of the tourist to fulfill the conditions of the travel contract

1. In preparation for the tour, as well as during its commission a tourist has the right to:
1) on the necessary and accurate information on the rules of entry into the country (place) of temporary stay and residence rules in it (in it), the customs of the local population, religious rites, shrines, cultural heritage and other tourist sites display under special protection, state of the environment;
2) on freedom of movement, free access to tourist resources, taking into account the adopted in the country (place) of temporary stay of the restrictive measures imposed by the legislation of the country (place) of temporary stay;
3) to ensure the personal safety of their consumer rights and safety of their property, unimpeded access to emergency medical care;
4) for damages in case of breach of contract for tourist services;
5) to facilitate the public authorities the temporary stay in obtaining legal and different types of emergency;
6) to unimpeded access to the means of communication;
7) to receive information on effective measures to prevent infectious diseases and accidents.
2. At the time of the tour, tourists are required to:
1) comply with the legislation of the country (place) of temporary stay, to respect its political and social structure, traditions, customs and religious beliefs of the local population;
2) take care of the surrounding natural environment of the country (place) of temporary stay and its cultural heritage sites, shrines and objects under special protection;
3) follow the rules of entry into the country (place) and leaving the country (place) of temporary stay;
4) to comply with hygiene rules and regulations established by the Sanitary Code of Turkmenistan;
5) comply with the terms of the contract for travel services;
6) comply with the terms of stay in the country (place), set forth in the tourist permit.

Article 33. Rights and obligations of the subjects of tourism activities on the implementation of the conditions of the travel contract

1. The subjects of tourist activity in the provision of services to tourists have the right to:

A) to change the duration and tour itinerary, class of service, type of transport service, a way to ensure the safety of tourists and the protection of his property only with the consent and at the request of the tourist;
B) increase due to the cost of the tour with a tourist agreement and subject to the notification of his not later than twenty days before the tour;
C) terminate the contract for travel services in the event of force majeure, in which the provision of services is not possible, and if it was not collected the required number of visitors necessary to create a group, what the tourists must be notified no later than than twenty days before the tour;
G) to demand compensation for damages caused by tourists or partners for the organization of tourist services, in accordance with the legislation of Turkmenistan;
E) other rights provided for by the legislation of Turkmenistan.
2. Tourism stakeholders are obliged:
a) provide services to tourists due to the contract for travel services;
b) to compensate the losses caused to tourists in the event of the failure of incomplete or inadequate quality of tourist services;
c) to provide tourists with comprehensive information about the organization of the tour, their rights and responsibilities;
g) contribute to the preservation of tourist resources, display objects (historical and architectural, cultural monuments, natural objects, and others);
d) monitor compliance with the legislation of the country by tourists (place) of temporary stay.

Article 34. Compensation and damages tourists

1. Compensation and damages to tourists is made in accordance with the law.
2. Subjects tourism tourist reimburse losses incurred as a result of causing damage. 3
. In case of refusal to compensate the damage or when the tourist does not agree with the size or shape of incurred damages, he may apply to the court.
4. The subjects of tourist activity does not bear responsibility for the consequences of non-compliance cases and the tourist standards of conduct, order and laws in force in the country (place) of temporary stay.
5. The subjects of tourist activity shall not be liable for damages suffered by a tourist in a tourist trip (round trip) as a result of force majeure.

Article 35. Ensuring the safety of tourists

1. Safety of tourists in the territory of Turkmenistan shall be guaranteed by the state. Turkmenistan guarantees its citizens protection and patronage outside its boundaries.

2. Under the safety of tourists meant the personal safety of tourists, the safety of their property, and they do no damage to the environment during travel, as well as measures aimed at preventing the use of tourism for the purpose of illegal migration and transit to third country tourists and their operation. 3
. The authorized body of state management of tourism inform tour operators, travel agents and tourists about potential dangers to tourists in the country (place) of temporary stay.
4. Tourism stakeholders are responsible for compliance with all security measures tourists, unless they breach occurred the fault of the tourists themselves.
5. The subjects of tourist activity shall immediately inform the relevant public authorities and stakeholders about emergencies with tourists while traveling or violations committed by them.
6. Tourists, suggesting to make a trip to the country (place) of temporary stay, are required to undergo routine inspection and activities in accordance with international medical requirements.
7. The authorized body of state management of tourism in collaboration with the relevant agencies and organizations to develop and organize the implementation of protection and safety assurance programs tourists.
8. Providing the necessary assistance to tourists in distress in the territory of Turkmenistan is carried out by the competent public authorities.

Article 36. Travel insurance

1. Travel insurance is carried out in accordance with the legislation of Turkmenistan on insurance.
2. Travel insurance is designed to redress the insured in case of accidents, in the event of material damage to them during a guided tour. 3
. Funds intended for travel insurance, are formed on a contractual basis by established standards at the expense of insurance premiums and insurance payments of tourists subjects of tourist activity in Turkmenistan.

Chapter VI. Economy Tourism

Article 37. Economic activity in the tourism sector

1. Economic activity in the tourism sector is to ensure the efficient use of existing and creation of new material and technical base of tourism, increase foreign exchange earnings to the state budget, cooperation means the subjects of tourist activity, increasing the employment rate of the population, satisfy its various needs.
2. The main objectives of the economic activity of subjects of tourist activity are:
creation of the tourism product;

Formation of the market of tourist services;
Improvement of tourism infrastructure;
Provision of tourist services;
Development of international and domestic tourism.

Article 38. The investment policy of the state in the tourism and travel industry

1. The investment policy of the state in the sphere of tourism is aimed at ensuring its sustainable development and provides attraction of investments into all areas of the tourism industry, the strengthening of state control over investment efficiency in the tourism industry.
2. The basis of the investment policy is to create a favorable investment climate, the creation of stable conditions for business activities to ensure the inviolability of private property, freedom of movement of services and the tourist destination of the goods, to protect and support domestic producers, the use of innovative instruments of attracting investments, providing economic incentives for the introduction of new high-performance technologies in the field of tourism industry.

Article 39. Sources of financing tourism

1. Tourist activities are carried out due to:
own funds of tourist activities;
Financial contributions to businesses and individuals;
Borrowings (bonds and other loans, bank and other loans);
Foreign investment;
Other sources not prohibited by the legislation of Turkmenistan.
2. In order to develop the tourism business entities that provide tourist services may be established tax benefits, loans, and insurance of tourist activities in accordance with the law.

Article 40. Price and payment for tourist services Service

1. For the service of tourist services will be charged, established by agreement of the parties, unless otherwise stipulated by the legislation of Turkmenistan.
In cases where, in accordance with the laws of special privileges or advantages for tourists on payment of tourist services incurred in connection with the tour operator costs are reimbursed at the expense of sources provided by the relevant legislation of Turkmenistan.
2. Tourist is obliged to pay services rendered to him within the time and in the manner specified in the contract.

Payment of travel products and services for outbound tourism can be made as a tourist in national and foreign currency. At the same time in a foreign currency may be paid for the costs of complex services (accommodation, food, transportation, excursions, etc.) outside of Turkmenistan provided in accordance with the program of the tourist route, and agency fees foreign travel providers.
Unless otherwise provided by the contract, the tourist must pay the services included in the travel service, the tour operator. In the case when the contract with the tour operator is provided the opportunity to pay certain services directly to third parties, such payment is an integral part of the payment under the contract. 3
. In the case where the contract provides for advance payment of tour operator services, tourist services such failure to pay within the period established by the contract recognizes failure of the tourist of the contract, unless otherwise provided by agreement of the parties.
4. It is considered null and void any provision of the contract that provided for in it the price may be revised by the tour operator to unilaterally except in cases stipulated by this law.

Article 41. Income from tourism activities

1. Revenues from tourism are formed due to revenues from:
main tourist activities;
Tourists staying in hotels, motels, camping sites, etc .;
Excursion services;
Service catering enterprises;
Transport service;
Additional services, other activities.
2. Profit (income) of tourist activities is liable to tax on a common basis in accordance with the current legislation of Turkmenistan. In order to preserve the natural and historical and cultural environment of these entities can be transferred to the local budgets of the profit for its intended use.

Article 42. Financial guarantees

1. As a financial guarantee bank indemnity applied. Guarantor can act authorized bank of Turkmenistan, or a first-class foreign bank, the relevant requirements of the Central Bank of Turkmenistan.
2. Banking indemnity issued to secure the obligations of the subject of tourism activities, it can not be revoked.
3
. Duration of the financial guarantee stated in the documents containing the warranty. Financial guarantee for a new term must be received by the subject of tourism activities, not later than three days prior to the expiration of the financial guarantee. Financial guarantee for a new term takes effect from the day following the day of expiry of the previously issued financial guarantees.
4. Information on the subject of tourism financial guarantee for a new term submitted to the authorized state body in the sphere of tourism, not later than three days prior to the expiration of the financial guarantee.
5. In the case of non-performance or improper performance of the tourism stakeholders of their obligations tourist is entitled to make a claim for compensation directly to the banking institutions, to provide a financial guarantee. Submission of such requirements shall be in accordance with the civil legislation of Turkmenistan with regard to the provisions of this Act.
6. tourist claim for payment of a sum of money for indemnity appears banking institution that issued the bank guarantee, in writing. This request shall indicate the surname, name and patronymic of the tourist, the bank guarantee number, date of its issuance and expiry dates, name of the subject of tourism activities, to secure the obligations which the bank guarantee, the number and date of the contract on the implementation of the tourism product, as well as the payable amount of money . To request a tourist making a copy of your passport or other document replacing the passport, as well as the consent of the subject of tourism in writing of such claim, indicating the amount of money to be paid, which shall be provided by a bank guarantee and comply with the monetary amount specified in the request.

7. In case of refusal of the subject of tourism activities to give consent to the satisfaction of tourist requirements, payment of a sum of money by a bank guarantee on the basis of an enforceable court decision. In this case, the request along with the information provided by the sixth part of this Article, shall also contain the date of the judgment rendered its judicial authority and the number of civil cases in which made the award, and to be paid a sum of money specified in the amount defined by this judgment. It shall be accompanied by a certified copy of the court judgment. In order to fulfill its obligations under the guarantee of the authorized financial institution that issued the bank guarantee, may not require submission of other documents.
8. Compensation for losses at the expense of the financial guarantee made by bank institutions, to provide a financial guarantee.

Chapter VII. Excursion and hotel activities

Article 43. Excursion activity

1. For the organization of the provision of services of excursion tourism stakeholders are required to use the services of qualified professionals - guides (guides-interpreters), included in the register of tourist activity.
Rules providing guide services are defined in the agreements of tourist industry or individuals, providing guide services. General provisions on the contract of rendering of tourist services used in providing tour services.
2. The provider of travel services shall be obliged to provide the tour trippers necessary and accurate information about the services, their types and characteristics, qualifications guide, the procedure and terms of payment services, as well as inform the sightseers at its request other information related to the tour services.

Article 44. The hotel services

1. The tour operator, travel agent and the hotel, if necessary, the systematic implementation of hospitality services for tourists may enter into long-term contracts for hotel services organization.
According to the agreement on the organization of hotel service hotel committed to the established procedure and / or in accordance with a predefined program of stay to exercise hotel services, and a tour operator and travel agent - send the specified number of tourists to pay for services provided by them.

The agreement on the organization of hospitality of tourists determined services, list and types of services provided, number and category (class) rooms, the timing and order of settlement, as well as other conditions of the organization of hotel services provided by agreement of the parties.
2. In accordance with the agreement on the organization of hotel services the hotel is obliged to ensure that the tour operator and travel agent that the quality and volume of services provided to tourists, the quality and volume of services provided by the hotel to its guests. 3
. The hotel is liable to the lodgers of the impossibility of providing hotel services, arising from the sale (booking) Service in an amount greater than the actual number of rooms (places) in the hotel required for their delivery.
In this case, the hotel is obliged at its own expense provide accommodation services at another hotel guest - the same or higher category (class) and located in the same area (area), as well as to compensate the guest in the necessary costs of its move to a new hotel .
In the absence of other hotels in the area (district) or the refusal of the guest from the contract for hotel services, hotel lodger is obliged to compensate the losses associated with the improper execution of the contract and pay the penalty (fine), determined by mutual agreement, but do not less the cost of services for night accommodation.
4. The hotel is entitled to withdraw from the provision of hotel services contract in the following cases:
a) if the state of health of the guest threatens the security of the guest or others, as evidenced by medical records, as well as creates confusion and unavoidable discomfort for other persons;
B) failure to pay for guest accommodation services in the manner and time stipulated in the contract;
C) violation of the rules of the guest stay at the hotel, creating a threat to the life or health of other persons;
D) presence in the belongings of the guests, articles or substances that endanger the life or health of other persons;
E) non-compliance with the rules of the tourist entrance, departure and stay in the country (place) of temporary stay.
In case of refusal by the hotel guest in the contract is returned the amount paid for accommodation and temporary accommodation, less the value of the services actually provided by the hotel prior to withdrawal.

Chapter VIII. Staffing tourism

Article 45. Professional education and qualifications in tourism


1. Training in tourism carried out by state educational institutions of primary, secondary and higher education of Turkmenistan, as well as educational institutions other form of property having a license for the appropriate educational activities. Directions and specialties of vocational education, forms and methods of teaching, as well as the types of vocational training in the tourism sector documents defined by the Law of Turkmenistan "On Education" and other normative legal acts of Turkmenistan in the field of education.
2. Heads of legal entities engaged in tourist, excursion and hotel operations, should have higher education and work experience in the tourism sector for at least three years, or vocational education and work experience in the tourism industry for at least five years. 3
. The guides (guides-interpreters), instructors Tourism and heads of legal entities engaged in tourist, excursion and hotel activities must take place in the field of tourism training programs of additional vocational training at least once every three years.
The procedure for training in the tourism sector, as well as the timing and types of programs are determined in the manner prescribed by the Cabinet of Ministers of Turkmenistan.
4. A natural person who intends to provide services to the guide (guide-interpreter), instructor of Tourism, is obliged to pass check his qualifications - certification. Certification is carried out by the authorized state body for management of tourism in the form of a qualification examination. Persons who have successfully passed the qualification examination, the qualification document is issued to engage in the relevant activity. Qualification document is issued for three years. Owner qualification document shall be entered in the register of the tourism industry.
The procedure for certification and issuance of qualification document is determined by the authorized body of state management in the sphere of tourism.

Chapter IX. Protecting the environment, monuments
nature, history and culture in the process
tourism activities

Article 46. Protection of the environment, nature, history and culture

1. State, providing protection and preservation of the natural environment, historical and cultural monuments, through the authorized bodies, suspend, limit or terminate the activities in the field of tourism, has a detrimental effect on them, determines certain protection measures in accordance with the law.

2. The subjects of tourism activities meet the requirements of environmental safety and protection of monuments of nature, history and culture in the design, location, construction and reconstruction of tourist facilities.

Article 47. Responsibility for damage to the environment, monuments of nature, history and culture

1. The subjects of tourist activity are responsible for the preservation of natural, historical and cultural sites in terms of tourism development and operation in accordance with the law.
2. Tourists who are guilty of violating the laws and regulations on environmental protection, nature, history and culture, are responsible in accordance with the law.

Chapter X. International activity Turkmenistan

tourism
Article 48. Membership in international tourist organizations

1. Turkmenistan participates in the tourism activities of international, inter-regional organizations in accordance with the procedure established by the legislation of Turkmenistan, in order to:
a) expansion of international tourism exchange;
B) development of economic and technical cooperation to strengthen the material-technical base and tourism infrastructure;
C) development of international cooperation in ensuring the safety of tourists;
G) ensure the exchange of information on tourism;
E) joint research in various fields of international tourism;
E) other issues of international cooperation in the field of tourism.
2. public administration in the sphere of tourism authorized body represents Turkmenistan in the international institutions and organizations.

Article 49 of the authorized body of state administration offices in the field of tourism abroad

In accordance with the legislation of Turkmenistan, the representative of the authorized state body in the sphere of tourism abroad represent Turkmenistan in the respective countries and are performing functions for the development of cooperation and exchange of information in the field of tourism between Turkmenistan and other countries.

Chapter XI. FINAL PROVISIONS

Article 50. Entry into force of the Law of Turkmenistan "On Tourism»

1. This Law shall enter into force on the day of its official publication.
2. From the date of entry into force of this Act shall be abrogated:
1) Law of Turkmenistan "On Tourism", adopted by the Mejlis of Turkmenistan, 24 November 1995 (Bulletin of the Mejlis of Turkmenistan, 1995, №3, item 41)..

2) Part Three of the Law of Turkmenistan "On introducing amendments and addenda to some legislative acts of Turkmenistan" adopted by the Mejlis of Turkmenistan October 1, 2007 (Bulletin of the Mejlis of Turkmenistan, 2007., Number 4, Art. 68).

President Gurbanguly Berdimuhamedov of Turkmenistan


Mountains. Ashgabat
May 10, 2010
number 107-IV.