LAW OF TURKMENISTAN ON TOURISM

The present law regulates the legal, economical, social and organizational basis of tourism and tourist activity in the territory of Turkmenistan.

CHAPTER I

GENERAL PROVISIONS

Article 1. NOTION OF TOURISM

Tourism is a short-term departure from the place of residence, to have a rest, as well as, by recreational, educational or professional purposes without being involved in any paid activity, during a short-term period.

Tourism is subdivided into individual and group, and home and international tourism.

Article 2. TOURISM LEGISLATION OF TURKMENISTAN

Tourism Legislation of Turkmenistan embraces The Constitution, the present law and other laws of Turkmenistan, Presidential Decrees and other norms of tourist activity issued in accordance.

Article 3. STATE POLICY ON TOURISM

The state carries out and determines the state policy on tourism aimed at revival and further development of historical and cultural heritage of Turkmenistan, contributes to development of tourism as a priority branch of the country's economy, creates favorable conditions for tourist activity and defines certain privileges for tourists through corresponding bodies.

The state in person of authorized bodies works out the legislative basis of tourism in the territory of Turkmenistan in accordance with international norms and rules and contributes to development of the international tourism.

Article 4. THE STATE AND LOCAL PROGRAMS ON TOURISM IN TURKMENISTAN

Organizational and financial basis of tourism development in Turkmenistan, in velayats, etraps, and in Ashgabat, as well as individual directions of tourist activity is formed with state and local programmes.

The state tourism program is approved by The President of Turkmenistan.

Tourism in velayats, etraps and towns are based on local programmes. They are developed and approved by municipal and executive authorities. If programmes necessitate financing through the state budget, they are submitted for approval to The Cabinet of Ministers of Turkmenistan.

CHAPTER II

STATE ADMINISTRATION IN TOURISM

Article 5. STATE TOURISM ADMINISTRATIVE BODIES IN TURKMENISTAN

The Cabinet of Ministers is responsible for administrating tourism in Turkmenistan and is an authorized administrative tourist body as well as are municipal executive authorities.

Article 6. COMPETENCE OF THE CABINET OF MINISTERS IN TURKMENISTAN ON TOURISM

The Cabinet of Ministers is responsible for: adoption of general regulations on tourism and tourist activity; conclusion of governmental agree-o merits on tourism and definition of mechanism of their realization; solving issues of standardization, licensing, and certification; creation of the conditions for foreign investments in tourism; defining and mastering perspective areas with high tourist potential; environment and historical and arche-ological monuments control and protection; organization of the state system of training, re-training and improvement of tourist specialists; establishment of the state system of scientific support; and dealing with other issues that The Cabinet of Ministers is empowered by under the legislation.

Article 7. COMPETENCE OF THE STATE BODY OF TOURISM ADMINISTRATION OF TURKMENISTAN

The State Body Of Tourism Administration Of Turkmenistan is responsible for: ensuring of the state programme of tourism in Turkmenistan; fulfillment of international agreements and contracts on tourism, representation of Turkmenistan's interests in international tourist organizations; development of norms and state standards of tourist services in Turkmenistan; coordination of activity and methodical guidance with tourist administrative bodies, as well as tourist agencies; leadership of the representations abroad; licensing of the tourist activity; control of the quality of tourist services and carrying out the conditions of tourist activity, license and certification; training, re-training and improvement of specialists, fulfillment of scientific researches, and other issues empowered to it under the legislation of Turkmenistan.

Article 8. COMPETENCE OF THE MUNICIPAL EXECUTIVE AUTHORITIES ON TOURISM

Executive tourist authorities in velayats, etraps and towns are responsible for: realization of the state programme of tourism development in Turkmenistan; development and insurance of local programmes on tourism development; control of observing the legislation on tourism, contributing to strengthening the material and technical basis of tourism on referred territory; other issues empowered to it under the legislation of Turkmenistan.

CHAPTER III

TOURIST ACTIVITY

Article 9. NOTION OF TOURIST ACTIVITY

Tourist activity implies all kind of tourist services as well as producing and purchasing of goods of tourist designation to be used by tourists and other citizens.

Tourist activity in Turkmenistan is carried out by agencies and enterprises and citizens on the basis of legislation.

Article 10. TOURIST ACTIVITY LICENSING

Juridical and physical persons acting in conformity with The Law of enterprises and The Law of Entrepreneur activity are to take the license from The State tourism administrative body to have the right to be involved in tourist activity in Turkmenistan.

The licensing procedure is defined by The President of Turkmenistan.

Article 11. CERTIFICATION OF TOURIST PRODUCTS, GOODS AND SERVICES

Tourist organizations are to certify their tourist products and goods.

Under the result of certification, a tourist enterprise receives the certificate of correspondence for each kind of tourist product, goods and service under certification.

The certification procedure of enterprises on the territory of Turkmenistan is defined by The Cabinet of Ministers of Turkmenistan.

Article 12. RIGHTS AND OBLIGATIONS OF TOURIST AGENCIES (ORGANIZATIONS)

Rights of tourist enterprises is defined with The Law of Enterprises, the present law and other legal norms valid in Turkmenistan.

Tourist enterprises (organizations) are obliged: to give full and authentic information about the organization and tour; to sell a tour (to conclude an agreement/contract); to give tourist services in accordance with the submitted information; to assure safety of the tourist's life, health and property; to submit statistic reports to authorized bodies.

The tourist enterprise defines rights and obligations of the tourist group head who is an official representative of the tourist organization during the tour (staying) of the tourist group.

The tourist enterprise organizing and assuring the tour, is fully responsible to the client for its own actions and those of his partners (agents indicated in the tour card) on organization of the tour (services of accommodation, nutrition, transportation and others included in the programme of the trip and indicated in the travel card) as well as on its purchase.

CHAPTER IV

THE PROCEDURE OF CONCLUSION AND THE TERMS OF EXECUTION OF AGREEMENTS/CONTRACTS BY TOURIST ENTERPRISES (ORGANIZATIONS)

Article 13. TRAVEL CARD (CONTRACT/AGREEMENT), TOURIST SERVICES

The tourist enterprise is to give a document confirming the conclusion of the contract on a trip (tour) and tourist services, signed by authorized persons and containing the stamp of the present enterprise (organization).

If the agreement is concluded through an agent it must contain the organizer's agent's address.

The travel agreement must contain: name, address and trade mark of me tour organizer and seller (agent), me license number, dale and place of issue; tourist'! first name, second name and surname or that of the person who received the agreement, passport or identity card number, description and standards of accommodation, nutrition, transportation and other services; description of the program (time, place) and the events' names, dates; total price of the lour and conditions of payments by the client (full prepayments, partial prepayments/advance payment), payment after the tour completion; description of the terms and circumstances under which the tourist can refuse the tour (without compensation of the losses, with partial compensation of the losses, full compensation to the tourist enterprise); description of forms and amounts of compensation lo the tourist for violation of the trip conditions provided for by the agreement and occurred by the tourist agency's or Its partners' fault; and any other conditions that agency or the tourist will find necessary to include.

Article 14. RIGHTS AND OBLIGATIONS OF THE TOURIST IN CARRYING OUT THE CONTRACT CONDITIONS.

The tourist may forward the agreement to another person (tourist) if the travel card is anonymous, and that person meets the demands to fulfill the tour (i.e. health state, documents are properly arranged etc.). The autographed travel card cannot be given to another person and must be rearranged.

The tourist has a right to refuse the travel card after paying a fee for the work done and repaying direct expenses.

If the tour terms provided for by the travel card are violated, the tourist may bring an action against the tourist agency to compensate material and moral damage or default the remainder.

The action may be sued against the selling agency during terms defined by the legislation of Turkmenistan.

Article 15. TOURIST'S AGENCY'S RIGHTS AND OBLIGATIONS ON EXECUTION OF THE TOURIST AGREEMENT/CONTRACT CONDITIONS.

The tourist agency, which sold the travel card, is obliged to submit the entire conditions of tourist services provided for by the contract.

The tourist agency may cancel or stop the contract without compensating losses: if quantity of tourists is less than minimum envisaged by the travel card, and if tourist is informed about this bet 15 days before the date the travel begins; In die case of unforeseen circumstances (catastrophes, changes in political situation, etc.) preventing fulfillment of the lour or services, the prepaid amount Is refunded to the client.

Tourist agency cannot increase the total price of the tour If It is not envisaged by the travel card (changes of transport expenses, etc.) except due to general governmental changes of prices and tariffs.

Article 16. COMPENSATION OF LOSSES TO.THE TOURIST

Compensation of losses to the tourist is effected in conformity with the legislation In force. The tourist agency compensates losses to the tourist resulted from me damage.

In case of refusal from compensating the damages, or the tourist's disagreement with the amount of way of losses compensation he/she is rightly to appeal to the court

The tourist agency is not responsible for circumstances and consequences If the tourist violates the norms of social order and laws in force in places of slaying.

The tourist agency is not responsible for the damages resulted from force majeure.

Article 17. RESPONSIBILTY OF THE TOURIST AGENCY FOR SECURITY OF TOURISTS

In order to assure security of tourists, the tourist agency musk develop and realize special requirements on security of tourists; teach preventive and protective measures against Injuries, instruct about first medical aid, Inform about danger of the route and misconduct, give recommendations how to escape danger; control arrangements of me tourist for the trip, walks, competitions and other tourist events; assist the tourist in calamity and transport the wounded; to ensure safe conditions of tourist activity, equipment of me tourist paths, excursions and tourist competition places, provide tourists with proper tools and accessories.

Tourist organizations of all forms of property are responsible for security of tourists except when the tourist is guilty.

CHAFFER V

LEGAL STATUS OF TOURISTS ON THE TERRITORY OF TURKMENISTAN

Article 18. THE PRESENT LAW, OTHER LEGAL NORMS, AND INTERNATIONAL AGREEMENTS OF TURKMENISTAN DEFINE RIGHTS OF TOURISTS ON THE TERRITORY OF TURKMENISTAN.

Tourists are obliged: to respect established political, soda] and religious order, to observe the legislation in force on the territory of Turkmenistan; to respect customs, beliefs and conduct norms of the local population, as well as environmental protection, cultural and historical heritage of the people; to compensate fully, damages and losses resulted from the violation of the Order by him/her in the place of receiving or sending tourist agency; to compensate damages caused to the third persons during me tour.

Article 19. THE LEGAL STATUS OF FOREIGN TOURISTS

Foreign tourists bought the tour around Turkmenistan as well as individual tourists bought by the tour or not and arrived in Turkmenistan, have the rights and responsibilities according to norms regulating foreign citizen's staying in Turkmenistan.

The state is responsible for observing the rights of foreign tourists as consumers only if die tour is purchased from a licensed tourist agency.

Article 20. RIGHTS AND OBLIGATIONS OF TURKMENISTAN CITIZENS COINS ABROAD AS TOURISTS

Rights and obligations of Turkmenistan citizens going abroad are regulated by the legislation in force of the country of staying. The tourist is obliged to observe terms of staying In the country Indicated in the travel card.

Article 21. TOURIST INSURANCE

Tourist insurance aims at compensation of the damage to Insured persons in case of material damage during the tourist tour.

Means for tourist Insurance are formed on the negotiation-base under official norms due to insurance fees of tourists and insurance fees of the subject of tourist activity id Turkmenistan.

CHAFTER VI

PROTECTION OF ENVIRONMENTS, MONUMENTS OF NATURE, HISTORY AND CULTURE IN PROCESS OF TOURIST ACTIVITY

Article 22. FROTECTON OF ENVIRONMENT, MONUMENTS OF NATURE, HISTORY AND CULTURE

Agencies and enterprises involved in tourism adhere to demands of ecological safety and protection of monuments of history and culture while designing, placing, building and reconstruction tourist projects.

Article 23. RESPONSIBILITY FOR DAMAGED ENVIRONMENTS, MONUMENTS OF NATURE, HISTORY AND CULTURE

Agencies and enterprises involved in tourism are responsible for safety of natural and cultural objects In process of tourist exploitation in accordance with the legislation of Turkmenistan.

Tourist in violation of the legislation and rules of protection of environments, natural, historical and cultural monuments bear responsibility according to the legislation of Turkmenistan.

CHAPTER VII

INTERNATIONAL TOURIST ACTIVITY OF TURKMENISTAN

Article 24. MEMBERSHIP IN INTERNATIONAL TOURIST ORGANIZATIONS

Turkmenistan participates In international. Interregional and regional tourist organizations as a member, or an associated-, or joint-member, or an observer are required: to expand international tourist exchange; to develop economical and technical cooperation In strengthening material base and tourism infrastructure; to develop International cooperation in tourist security, to hold joint scientific researches; to cooperate in international tourism.

The State Tourism Administrative Body represents Turkmenistan in specialized institutions, UN programmes on world tourism and in The World Tourism Organization.

Article 25. REPRESENTATIONS OF THE STATE TOURISM ADMINISTRATIVE BODY ABROAD.

Representations of The State Tourism Administrative Body Abroad represent interests of Turkmenistan in appropriate countries and are involved in cooperation and informational exchange between Turkmenistan and other countries.

Article 28. INTERNATIONAL AGREEMENTS ON TOURISM

If international agreements on tourism in Turkmenistan provide for rules different from that contained in the present law, then the rules of the international agreement prevail.

President of Turkmenistan
Saparmurat Turkmenbashi

Ashgabat
November 24,1995; N 88-1