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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 21, 2016 No. 607

About approval of Rules of functioning of system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of the outbound tourism, amount of money which are subject to providing with the bank guarantee for the tour operators and tour operators freighters performing activities in the field of the outbound tourism, amount of money which are subject to transfer to the bank account opened especially for the administrator of system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism

(as amended of the Order of the Government of the Republic of Kazakhstan of 03.09.2021 No. 609)

According to subitem 10-2) of article 10 of the Law of the Republic of Kazakhstan of June 13, 2001 "About tourist activities in the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES:

1. Approve enclosed:

1) Rules of functioning of system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism;

2) amount of money, subject to providing with the bank guarantee for the tour operators and tour operators freighters performing activities in the field of outbound tourism;

3) amount of money, subject to transfer to the bank account opened especially for the administrator of system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism.

2. This resolution becomes effective after ten calendar days after day of its first official publication.

Prime Minister of the Republic of Kazakhstan

B. Sagintayev

 

Approved by the Order of the Government of the Republic of Kazakhstan of October 21, 2016 No. 607

Rules of functioning of system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism

Chapter 1. General provisions

1. These rules of functioning of system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism (further – Rules) are developed according to subitem 10-2) of article 10 of the Law of the Republic of Kazakhstan "About tourist activities in the Republic of Kazakhstan" (further – the Law) and regulate procedure for functioning of system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism.

2. In these rules the following basic concepts are used:

1) the special account – the bank account opened especially for the administrator of system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism;

2) system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism (further – system) – set of legal relationship between citizens of the Republic of Kazakhstan, travel agents, tour operators, tour operators freighters, the administrator of system of guaranteeing the rights of the citizens of the Republic of Kazakhstan in the field of outbound tourism and authorized body providing protection of the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism;

3) the administrator of system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism – the legal entity determined by the Government of the Republic of Kazakhstan which single type of activity is implementation of functions of the administrator of system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism (further – the administrator of system);

4) tourist code – the unique number assigned to the tourist by tour operator in the field of outbound tourism, guaranteeing obligations of tour operator within organized outbound tourism;

5) authorized body – the central executive body performing functions of public administration in the field of tourist activities.

Chapter 2. Procedure for functioning of system

3. Subjects of system are:

1) the tour operators performing activities in the field of outbound tourism (further - tour operators);

2) the tour operators freighters performing activities in the field of outbound tourism (further - tour operators freighters);

3) the travel agents performing activities in the field of outbound tourism (further - travel agents);

4) administrator of system.

4. For the purpose of ensuring obligation fulfillment, provided in Item 1 of article 27-3 of the Law, tour operators and tour operators freighters provide to the administrator of system:

1) the original or notarially attested copy of the bank guarantee agreement on the amount of money approved by the Government of the Republic of Kazakhstan concluded by tour operator and tour operator freighter with bank of the second level of the Republic of Kazakhstan;

2) data on transfer to the special account by tour operator and tour operator freighter of amount of money with citizen of the Republic of Kazakhstan of each tourist product approved by the Government of the Republic of Kazakhstan. realized by the travel agent

5. Data on transfer to the special account of money in the amount approved by the Government of the Republic of Kazakhstan are provided by tour operators and/or tour operators freighters to the administrator of system monthly no later than the 5th following for reporting in form, the system installed by the administrator.

The administrator of system carries monthly out with tour operators and/or tour operators freighters reconciliation of data on the tourist products realized to citizens of the Republic of Kazakhstan and the amounts of money which are subject to transfer to the special account.

6. The administrator of system performs:

1) administration of the mechanism of assignment of tourist code to citizens of the Republic of Kazakhstan within outbound tourism;

2) acceptance of the differentiated amount of guaranteeing determined by the Government of the Republic of Kazakhstan;

3) analytical and research work for preparation of offers in authorized body on indexation of the size of the amounts of money transferred from each tourist product, and the amounts which are subject to providing with the bank guarantee concluded by tour operator and tour operator freighter with bank of the second level of the Republic of Kazakhstan realized by the travel agent to the citizen of the Republic of Kazakhstan.

6-1. The system does not extend to the legal relationship of citizens of the Republic of Kazakhstan with travel agents, tour operators, tour operators freighters, the administrator of system and authorized body connected with trips of business nature.

Country visit (places) of temporary stay by the citizens of the Republic of Kazakhstan in the professional and business purposes who are engaged in paid activities belongs to trips of business nature.

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