Unofficial translation
In accordance with subparagraph 10-2) of Article 11 of the Law of the Republic of Kazakhstan "On Tourist Activities in the Republic of Kazakhstan", I HEREBY ORDER:
1. To approve the attached:
1) Rules for the functioning of the system for guaranteeing the rights of citizens of the Republic of Kazakhstan in the sphere of outbound tourism in accordance with Annex 1 to this order;
2) the amounts of money subject to securing by a bank guarantee for tour operators and tour operator-charterers engaged in activities in the sphere of outbound tourism in accordance with Annex 2 to this order;
3) the amounts of money subject to transfer to the bank account opened specially for the administrator of the system for guaranteeing the rights of citizens of the Republic of Kazakhstan in the sphere of outbound tourism in accordance with Annex 3 to this order.
2. Committee of the Tourism Industry of the Ministry of Tourism and Sports of the Republic of Kazakhstan shall, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, ensure:
1) state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) within three working days after its entry into force, placement of this order on the internet resource of the Ministry of Culture and Sports of the Republic of Kazakhstan;
3) within three working days after execution of the measures provided for by this paragraph, submission to the Legal Service Department of the Ministry of Culture and Sports of the Republic of Kazakhstan of information on execution of the measures.
3. Control over execution of this order shall be assigned to the supervising Vice-Minister of Culture and Sports of the Republic of Kazakhstan.
4. This order shall be enforced upon expiry of ten calendar days after the day of its first official publication.
|
Minister of Culture and Sports of the Republic of Kazakhstan |
A. Oralov |
"AGREED"
Ministry of Industry and
Infrastructural Development
of the Republic of Kazakhstan
"AGREED"
Ministry of Finance
of the Republic of Kazakhstan
"AGREED"
Ministry of National Economy
of the Republic of Kazakhstan
| Annex 1 to the order of the Minister of Culture and Sports of the Republic of Kazakhstan dated August 2, 2023 No. 212 |
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| Annex 1 to the order of the Minister of Culture and Sports of the Republic of Kazakhstan dated August 2, 2023 No. 212 |
Rules for the functioning of the system for guaranteeing the rights of citizens of the Republic of Kazakhstan in the sphere of outbound tourism
Chapter 1. General provisions
1. These Rules for the functioning of the system for guaranteeing the rights of citizens of the Republic of Kazakhstan in the sphere of outbound tourism (hereinafter - the Rules) have been developed in accordance with subparagraph 10-2) of Article 11 of the Law of the Republic of Kazakhstan "On Tourist Activities in the Republic of Kazakhstan" (hereinafter - the Law) and determine the procedure for the functioning of the system for guaranteeing the rights of citizens of the Republic of Kazakhstan in the sphere of outbound tourism.
2. The following basic concepts are used in these Rules:
1) special account - a bank account opened specially for the administrator of the system for guaranteeing the rights of citizens of the Republic of Kazakhstan in the sphere of outbound tourism;
2) the system for guaranteeing the rights of citizens of the Republic of Kazakhstan in the sphere of outbound tourism (hereinafter - the system) - the aggregate of legal relations between citizens of the Republic of Kazakhstan, travel agents, tour operators, tour operator-charterers, the administrator of the system for guaranteeing the rights of citizens of the Republic of Kazakhstan in the sphere of outbound tourism and the authorized body, ensuring the protection of the rights of citizens of the Republic of Kazakhstan in the sphere of outbound tourism;
3) administrator of the system for guaranteeing the rights of citizens of the Republic of Kazakhstan in the sphere of outbound tourism - a legal entity determined by the authorized body, whose sole type of activity is the performance of the functions of the administrator of the system for guaranteeing the rights of citizens of the Republic of Kazakhstan in the sphere of outbound tourism;
4) tourist code - a unique number assigned to a tourist by a tour operator in the sphere of outbound tourism, guaranteeing the obligations of the tour operator within the framework of organized outbound tourism;
5) authorized body - the central executive body exercising the functions of state administration in the field of tourist activities.
Chapter 2. Procedure for the functioning of the system
3. The subjects of the system shall be:
1) tour operators, engaged in activities in the sphere of outbound tourism (hereinafter - tour operators);
2) tour operators-charterers, ngaged in activities in the sphere of outbound tourism (hereinafter – tour operators-charterers);
3) travel agents, engaged in activities in the sphere of outbound tourism (hereinafter – travel agents);
4) administrator of the system for guaranteeing the rights of citizens of the Republic of Kazakhstan in the sphere of outbound tourism (hereinafter - the system administrator).
4. or the purpose of ensuring the fulfillment of obligations provided for in paragraph 1 of Article 27-3 of the Law, tour operators and tour operator-charterers shall provide the system administrator with:
1) the original or a notarized copy of the bank guarantee agreement for the amount of money, approved by the authorized body, concluded by the tour operator and the tour operator-charterer with a second-tier bank of the Republic of Kazakhstan;
2) information on the transfer to the special account by the tour operator and the tour operator-charterer of the amount of money from each tourist product sold by a travel agent to a citizen of the Republic of Kazakhstan, approved by the authorized body.
5. Information on the transfer to the special account of money in the amount approved by the authorized body shall be provided by tour operators and (or) tour operator-charterers to the system administrator on a monthly basis no later than the 5th day of the month following the reporting month, in the form established by the system administrator.
The system administrator shall monthly conduct, with tour operators and (or) tour operator-charterers, a reconciliation of information on tourist products sold to citizens of the Republic of Kazakhstan and the amounts of money subject to transfer to the special account.
6. The system administrator shall carry out:
1) dministration of the mechanism for assigning a tourist code to citizens of the Republic of Kazakhstan within the framework of outbound tourism;
2) acceptance of the differentiated guarantee amount, determined by the authorized body;
3) analytical and research work for preparation of proposals to the authorized body on indexation of the amount of money transferred from each tourist product sold by a travel agent to a citizen of the Republic of Kazakhstan, and the amounts subject to securing by a bank guarantee concluded by the tour operator and the tour operator-charterer with a second-tier bank of the Republic of Kazakhstan.
7. The system shall not extend to legal relations of citizens of the Republic of Kazakhstan with travel agents, tour operators, tour operator-charterers, the system administrator and the authorized body, connected with business trips.
Business trips shall include visits by citizens of the Republic of Kazakhstan to a country (place) of temporary stay for professional and business purposes, engaged in paid activity.
8. the system administrator shall annually place reports on its activities on the internet resource of the system administrator and publish them in periodical printed publications distributed throughout the entire territory of the Republic of Kazakhstan, upon expiry of 30 calendar days following the reporting period.
Chapter 3. Procedure for the return of the submitted bank guarantee, as well as transferred funds for sold tourist products, and application of the offset method for transfers
9. The system administrator shall, in accordance with Article 27-2 of the Law, carry out:
1) return of the submitted bank guarantee, as well as the transferred funds for sold tourist products to the tour operator or tour operator-charterer of the system, provided there are no facts of repatriation of citizens of the Republic of Kazakhstan through the fault of the given tour operator or tour operator-charterer of the system in the event of termination by it/him/her of the type of tour operator activity in the sphere of outbound tourism;
2) return of the submitted bank guarantee by the tour operator or tour operator-charterer of the system upon reaching the maximum amount of the bank guarantee for the given tour operator or tour operator-charterer.
For the return of the submitted bank guarantee, as well as transferred funds for sold tourist products, the tour operator or tour operator-charterer shall send to the system administrator a written application (hereinafter - the application) in free form.
10. The system administrator shall, within 10 working days from the day of receipt of the application, conduct a reconciliation of the funds transferred by the tour operator or tour operator-charterer, verification of the absence of facts of repatriation of citizens of the Republic of Kazakhstan through the fault of the given tour operator or tour operator-charterer, and shall also take into account the presence or absence of the need for repatriation of tourists of the tour operator or tour operator-charterer.
11. After the conducted reconciliation, the system administrator shall, within 5 working days, adopt a decision on return or refusal to return:
1) the submitted bank guarantee, as well as the transferred funds for sold tourist products in the case provided for by subparagraph 1) of paragraph 9 of these Rules;
2) the submitted bank guarantee in the case provided for by subparagraph 2) of paragraph 9 of these Rules.
12. The return of the bank guarantee by the system administrator shall be carried out within 15 working days from the day of receipt of the application by drawing up a deed of acceptance and transfer of the bank guarantee.
The return of transferred funds for sold tourist products shall be carried out by the system administrator within 15 working days from the day of receipt of the application by transferring funds to the bank account of the tour operator or tour operator-charterer.
13. In the event of the return of the bank guarantee specified in subparagraph 2) of paragraph 9 of these Rules, upon reduction of the amount of transferred funds for sold tourist products below the amount of money subject to securing by a bank guarantee in the corresponding financial year, the said amount shall be replenished by the tour operator or tour operator-charterer within 5 working days from the day of reduction of the specified amount, or the original or a notarized copy of the bank guarantee agreement shall be provided to the system administrator within 30 calendar days from the day of reduction of the specified amount.
14. Upon the return of the bank guarantee and transferred funds for sold tourist products, as well as upon reaching the maximum amount of the bank guarantee, the commission fee and the funds spent on repatriation of citizens of the Republic of Kazakhstan through the fault of the given tour operator or tour operator-charterer shall be withheld from the amount of money, subject to transfer in accordance with subparagraph 2) of paragraph 1 of Article 27-3 of the Law.
15. The system administrator shall ensure application of the method of offset of transfers for the next calendar year for the tour operator or tour operator-charterer of the system after three years from the moment of entry of the given tour operator or tour operator-charterer into the system, with the exception of the amount of commission allocated for the activities of the system administrator.
Chapter 4. Procedure for implementation of measures to protect the rights of citizens of the Republic of Kazakhstan in the sphere of outbound tourism
16. Actions for the protection of the rights of citizens of the Republic of Kazakhstan in the sphere of outbound tourism (hereinafter - actions for the protection of citizens' rights) shall include:
1) repatriation of citizens of the Republic of Kazakhstan who are tourists from the territory of the country (place) of temporary stay to the territory of the Republic of Kazakhstan by air, railway, motor vehicle or water transport;
2) provision of accommodation (temporary residence) for citizens of the Republic of Kazakhstan who are tourists in a hotel or other place of accommodation for the period until the commencement of repatriation to the territory of the Republic of Kazakhstan (in the event that the period of forced waiting for repatriation is more than 8 hours - in the daytime and more than 6 hours - at night);
3) delivery of citizens of the Republic of Kazakhstan who are tourists from their location in the country of temporary stay to the point of implementation of repatriation to the territory of the Republic of Kazakhstan;
4) organization of meals for citizens of the Republic of Kazakhstan who are tourists (in the event that the period of forced waiting for repatriation is more than 4 hours).
17. The decision on implementation of actions for the protection of citizens' rights shall be adopted by the system administrator in agreement with the authorized body in the following cases:
1) a written or oral application of a citizen of the Republic of Kazakhstan in the event of violation of his/her rights in the sphere of outbound tourism;
2) an application of state bodies on facts of violation of the legislation of the Republic of Kazakhstan on tourist activities in the sphere of outbound tourism;
3) a written application of an association (associations) of tourists on facts of violation of the rights of citizens of the Republic of Kazakhstan in the sphere of outbound tourism;
4) an application of mass media on facts of violation of the rights of citizens of the Republic of Kazakhstan in the sphere of outbound tourism;
5) other cases of emergence of a threat of causing harm to the life and health of citizens of the Republic of Kazakhstan in the sphere of outbound tourism.
18. Upon occurrence of the cases specified in paragraph 17 of these Rules, the system administrator shall, within 24 hours, take the following measures:
1) verify the reliability of information, circumstances of impossibility of performance, non-performance or improper performance by the tour operator or tour operator-charterer of obligations under the contract for tourist services;
2) adopt a decision agreed with the authorized body on implementation of actions for the protection of citizens' rights upon confirmation of information in the cases specified in paragraph 17 of these Rules;
3) notify the head of the tour operator and (or) tour operator-charterer, the foreign mission of the Republic of Kazakhstan in the country where the tourists are located of the decision adopted in agreement with the authorized body, and also inform citizens of the Republic of Kazakhstan through the mass media.
19. Actions for the protection of citizens' rights shall be implemented in accordance with contracts concluded by the system administrator with third parties (their associations) providing the services specified in paragraph 16 of these Rules.
20. In the event of insufficiency of funds on the special account of the system administrator for implementation of actions for the protection of the rights of citizens of the Republic of Kazakhstan specified in paragraph 16 of these Rules, as well as for compensation of the used funds of the special account, the system administrator shall send to the second-tier bank a letter on fulfillment of obligations under the bank guarantee of the tour operator or tour operator-charterer that has failed to fulfill obligations under the contract for tourist services.
Second-tier banks shall, on the basis of the letter of the system administrator, within 5 calendar days from the moment of receipt of the letter, ensure payment in favor of the system administrator or third parties (their associations) determined by the system administrator of money within the limits of the amounts secured by the bank guarantee.
| Annex 2 to the order |
Amounts of money subject to securing by a bank guarantee for tour operators and tour operator-charterers engaged in activities in the sphere of outbound tourism
Item No. | Subject engaged in activities in the sphere of outbound tourism | Amount of money subject to securing by a bank guarantee |
1. | Tour operator | 5 000 MCI |
2. | Tour operator-charterer | 15 000 MCI |
| Annex 3 to the order |
Amounts of money subject to transfer to the bank account opened specially for the system administrator for guaranteeing the rights of citizens of the Republic of Kazakhstan in the sphere of outbound tourism
Item No. | Subject of the system for guaranteeing the rights of citizens of the Republic of Kazakhstan in the sphere of outbound tourism | Amount of money from each sold tourist product subject to transfer to the bank account |
1. | Tour operator | 0,5 MCI |
2. | Tour operator-charterer | 0,5 MCI |
