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LAW OF THE REPUBLIC OF BELARUS

of November 11, 2021 No. 129-Z

About tourism

Accepted by the House of Representatives on October 4, 2021

Approved by Council of the Republic on October 28, 2021

Chapter 1. General provisions

Article 1. The main terms used in this Law and their determinations

1. For the purposes of this Law the following main terms and their determinations are used:

the audioguide (mobile maintenance of excursion) - the soundtrack in the Belarusian, Russian or foreign language reproduced during the excursion publicly or individually by means of the separate technical device or appendix for the mobile device, intended for acquaintance of tourists, tourists with tourist resources;

the guide-interpreter - the physical person who is fluent in foreign language (foreign languages) and having knowledge and professional skills necessary for holding excursions in foreign language;

the customer - the legal entity or physical person, including the individual entrepreneur which are the agreement party of rendering tourist services, the services agreements connected with the organization of tourist travel, the ordered these services for own needs and (or) needs of other tourists, tourists for the purposes which are not connected with implementation of business activity;

the contractor - the tour operator who created tour and being the agreement party of rendering tourist services, tour operator or travel agent, being the agreement party of paid rendering the services connected with the organization of tourist travel;

complex of tourist services - the set of two and more tourist services created by tour operator without fail including one of the following services: on transportation, placement, excursion service;

route of tourist travel - the transit of tourists, tourists including the list of the main places which are consistently visited by tourists, tourists during making of tourist travel;

objects of the tourist industry - the means of placement, objects of public catering, improving, business, informative and other appointment, vehicles intended for transportation of tourists, tourists (further - vehicles), objects and means of entertainment used for requirements satisfaction of tourists, the tourists arising during making of tourist travel and (or) in connection with it;

subjects of tourist activities are tour operators, travel agents;

subjects of the tourist industry are subjects of tourist activities, and also other legal entities, physical persons, including the individual entrepreneurs performing the activities connected with satisfaction needs of tourists, the tourists arising during making of tourist travel and (or) in connection with it;

tour - complex of tourist services with the program of tourist travel;

the travel agent - the legal entity or the individual entrepreneur performing tourist's agency activities;

tourist's agency activities - business activity on promotion and realization to participants of tourist activities of the tours created by resident tour operators without transition of the rights to tours, and also on rendering the separate services connected with the organization of tourist travel;

tourism - tourist travel, and also activities for its organization;

the tourist - physical person which makes tourist trip from 24 hours to one year or performs at least one spending the night in the country (place) of temporary stay;

tourist activities - tour operator and tourist's agency activities;

the tourist area - part of the territory of the Republic of Belarus with precisely certain borders on which one or several tourist resources are located and which is created for the purpose of support of the tourist industry, development of internal tourism and the international entrance tourism, one or several types of tourism, protection and rational use of tourist resources;

the tourist industry - set of subjects and objects of the tourist industry;

tourist service - service in transportation, placement, excursion and other service which rendering in complex of tourist services allows to make tourist trip;

tourist resources - the natural complexes and objects, subjects to welfare appointment, cultural infrastructure, rest satisfying needs of tourists, tourists;

tourist information center - the legal entity in the form of economic society, the unitary enterprise or organization or structural division of the legal entity, including the separate division of the legal entity located out of the place of its stay (branch, representation, other separate division) created for the purpose of assistance to development of internal tourism and the international entrance tourism, forming and distribution of information on the tourist capacity of the Republic of Belarus and its administrative and territorial units;

tourist travel - organized independently or by means of subjects of tourist activities travel (trip, movement, stay) of tourists, tourists out of limits of their residence (residence) according to the purposes of tourists, tourists;

tour operator - the legal entity performing tour operator activities;

tour operator activities - business activity on forming, promotion and realization of the tours including created by other tour operators including nonresidents, and also on rendering the separate services connected with the organization of tourist travel;

the service connected with the organization of tourist travel - service of subjects of tourist activities for rendering to participants of tourist activities of assistance in acquisition of rounds, including consultation on acquisition of tours and other questions of making of tourist travel, matching of rounds, seat booking in vehicles and means of placement, service in filling (registration) of the documents necessary for making of tourist travel, their giving in relevant organs (organizations);

participants of tourist activities are customers, tourists, tourists;

fund of responsibility of tour operators - the set of money created by association (union) for the purpose of compensation to participants of tourist activities of the property harm done in connection with approach of cases of impossibility of performance by tour operator of agreement obligations of rendering tourist services in the sphere of the international outbound tourism (further, unless otherwise specified, - cases of impossibility of performance tour operator of obligations);

the tourist - physical person which makes excursion without spending the night in the country (place) of temporary stay;

excursion servicing - activities of subjects of tourist activities, and also other legal entities, physical persons, including individual entrepreneurs, on preparation, the organization and holding excursions, including with use of audioguides (mobile maintenances of excursions);

excursion - tourist travel for no more than 24 hours, and also visit by tourists, tourists of tourist resources under the leadership of guides, guide-interpreters, persons working in the organizations when holding excursions in these organizations, the subjects of tourist activities, other persons given the right of holding excursions;

the guide - the physical person having knowledge and professional skills necessary for holding excursions on Belarusian or Russian.

2. For the purposes of this Law the terms "nonresidents" and "residents" are used in the values determined by subitems 1.10 and 1.11 of Item 1 of article 1 of the Law of the Republic of Belarus of July 22, 2003 No. 226-Z "About currency control and currency exchange control".

Article 2. Coverage of this Law

1. This Law governs the public relations arising in case of:

implementation of tourist activities;

making of tourist travel;

excursion servicing;

the organization and safety in the sphere of tourism.

2. Operation of this Law does not extend to the public relations connected with:

activities of non-profit organizations and the legal entities created by them to which the legislation assigns functions on the organization and carrying out in the Republic of Belarus and foreign states of days of economy, exhibitions, fairs, presentations, symposiums, conferences, business visits (missions), the actions directed to education by heads and specialists of legal entities, individual entrepreneurs and their workers;

making of travel (trip, movements, stay) over one year.

Article 3. Legal regulation of the relations in the sphere of tourism

1. The relations in the sphere of tourism are governed by the legislation on tourism, international treaties of the Republic of Belarus, and also the international legal acts constituting the right of the Eurasian Economic Union.

2. The legislation on tourism is based on the Constitution of the Republic of Belarus and consists of the Civil code of the Republic of Belarus, this Law, acts of the consumer protection law and other acts of the legislation.

3. If the international treaty of the Republic of Belarus establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.

Article 4. Organizational forms of tourism. Purposes of tourists, tourists

1. Organizational forms of tourism are the international and internal tourism.

2. The international tourism includes:

outbound tourism - tourist travel of citizens of the Republic of Belarus, and also the foreign citizens and persons without citizenship who are constantly living in the Republic of Belarus out of limits of the territory of the Republic of Belarus;

entrance tourism - tourist travel of the foreign citizens and stateless persons who except for are constantly living in the Republic of Belarus within the territory of the Republic of Belarus.

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