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On touristic activity in the Republic of Kazakhstan

Updated Unofficial translation

The Law of the Republic of Kazakhstan dated 13 June, 2001 No. 211.

      Unofficial translation

      Footnote. Through the whole text, word “touristic organization” is substituted respectively by the word “persons, carrying out touristic activity” by Law of the Republic of Kazakhstan No. 59-IV dated 05.07.2008 (see Article 2 for the order of enforcement).

      This Law determines legal, economic, social, organizational bases of touristic activity as one of the branches of the economy of the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. Basic definitions used in this Law

      The following basic definitions are used in this Law:

      1) social tourism - a type of tourism, fully or partially carried out at the expense of the employer and (or) other third parties, ensuring the affordability of tourist services to people with disabilities and low-income groups of the population;

      1-1) youth tourism - a type of tourism, carried out for groups of children and youth in the form of hikes, expeditions, trips, excursions;

      2-1) religious tourism - a type of tourism, involving the performance of pilgrimages and rituals in the country (place) of temporary stay;

      2-2) medical tourism - a type of tourism that involves the combination of recreation with the specialized medical care, including high-tech medical services, outside the place of residence;

      2-3) event tourism - a type of tourism that involves visiting sports and entertainment cultural events;

      3) self-regulatory tourism – travels organized by tourists independently with use of active travel modes;

      3-1) insurance certificate - a document, confirming that there is a valid insurance protection in respect of the insured and containing information about the conditions of insurance coverage for insurance risks, accepted for insurance, issued by the insurer in confirmation of the concluded insurance contract (insurance policy);

      4) tour – complex of touristic services including travels on special itinerary within specified terms;

      5) tourism – travel of individuals with continuance from twenty four hours until one year or less than twenty hours but with overnight stop and in purpose not linked with paid activity in the country (place) of perpetual stay;

      6) tourism instructor – professionally prepared individual having relevant qualification and experience of passing of tour itinerary;

      7) tourist – individual, visiting the country (place) of temporary stay on period from twenty four hours until one year and carrying out no less than one overnight stop in it in healthful, cognitive, professional and business, sportive, religious and other purpose without performing paid activity;

      8) places of tourists placement – hotels, motels, camping, touristic bases, guest houses, rest houses, holiday hotels and other buildings and constructions are used for tourists residing and their catering;

      9) touristic agency activity (travel agency activity) - entrepreneurial activity of individuals and (or) legal entities on progression and realization of touristic product formed by tour operator (hereinafter – tour agent);

      10) touristic voucher – document confirming a right of tourist on services included in structure of tour and fact of their payment;

      11) touristic hotel voucher – document confirming right on receiving of complex of touristic services;

      12) touristic activity - entrepreneurial activity of individuals and legal entities on provision of touristic services;

      13) tourist services - services necessary to meet the needs of the tourist, provided during his travel and in connection with this trip (accommodation, transportation, meals, excursions, services of tourism instructors, guides (guide-interpreters), and other services, provided by the contract of tourist services, depending on the purpose of the trip;

      14) treaty on tourist services – agreement between person carrying out touristic activity and tourist on refundable rendering of touristic services;

      15) persons, carrying out touristic activity – tour agents, tour operator, tourism instructors as well as guides (guide-interpreter), cicerones rendering touristic services independently;

      16) Is excluded by Law of the Republic of Kazakhstan № 269-V dated 29.12.2014 (shall be enforced from 01.01.2015);

      17) tour itinerary – tourist itinerary representing a list of all geographical points, visiting objects marked for passing, seeing (in the course of travel) in cognitive, sportive, aesthetic or other purpose;

      18) state register of tour itineraries and pathways – document of record of our itineraries and pathways;

      19) touristic operator activity (tour operator activities) - entrepreneurial activity of individuals and (or) legal entities having license on current type of activity on formation of touristic product its progression and realization to touristic agents and tourists as well as on progression and realization of touristic product formed by non-resident of the Republic of Kazakhstan (hereinafter - tour operator);

      20) touristic product – assembly of touristic services is enough for satisfying of tourist needs in the course of travel;

      21) progression of touristic product – complex of measures (publicity, participation in particularized exhibitions and expositions, organization of touristic informational centers on realization of touristic production, publication and expansion of catalogs and booklet directed on rendering of touristic services;

      22) touristic resources - natural and climatic, historical, social and cultural, healthful objects, including objects of touristic demonstration as well as other objects able to satisfy cultural needs of tourists support recovery and developments of their physical strength;

      23) touristic market - circulation of commodities (works, services) and money in the scope of touristic activity;

      24) touristic branch – branch of economy, basic scope of activity of which is rendering of touristic services, creation of touristic product, their progression and realization on internal and international markets;

      25) emergency event with a tourist - non-return from travel of tourist, as well as event on special territory during travel occurred in the result of accidents, adversity or disaster which entailed or may entail tourist’s death or harm to his (her) health;

      25-1) tour operator-charterer - a tour operator who has entered into a chartering (charter) contract with an air carrier (freighter) for transferring to its use the entire capacity or part of the capacity of one aircraft (or several aircraft) with a crew for one or several flights for the carriage of passengers and baggage in accordance with the legislation of the Republic of Kazakhstan, governing the use of the airspace of the Republic of Kazakhstan and aviation activities;

      26) authorized body – central executive body carrying out functions of the state regulation in the scope of touristic activity;

      27) excursionist – legal entity visiting touristic resources in cognitive purpose in the country (place) of temporary stay no more than twenty four hours;

      28) excursion – visit of touristic resources in cognitive purpose in the country (place) of temporary stay no more than twenty four hours by individual;

      29) excursion activity - entrepreneurial activity on organization of visiting of touristic resources in cognitive purpose in the country (place) of temporary stay which provide services on placement (overnight stop) of tourists and cover the period no more than twenty four hours;

      30) ciceroni – professionally prepared individual having relevant qualification for rendering of excursion and informational, organizational services on introduction with the touristic resources in the country (place) of temporary stay.

      Footnote. Article 1 in the wording of Law of the Republic of Kazakhstan No. 59-IV dated 05.07.2008 (see Article 2 for the order of enforcement); as amended by Law of the Republic of Kazakhstan No. 461-IV dated 15.07.2011 (shall be enforced from 30.01.2012); dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015); dated 16.11.2015 No. 406-V (shall be enforced from 01.01.2017); dated 17.11.2015 No. 407-V (shall be enforced from 01.01.2016); dated 22.12.2016 No. 28-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.07.2018 No. 166-VI (shall be enforced from 01.01.2019).

Article 2. Legislation of the Republic of Kazakhstan on touristic activity

      1. The legislation of the Republic of Kazakhstan on touristic activity shall be based on the Constitution of the Republic of Kazakhstan and consist of Civil Code of the Republic of Kazakhstan, this Law, other regulatory legal acts of the Republic of Kazakhstan.

      2. If international treaty, ratified by the Republic of Kazakhstan establishes other rules, than those provided by the legislation of the Republic of Kazakhstan, the rules of international treaty shall be applied with exception of cases when it follows from international treaty that issuance of the Law is required for its application.

Article 3. Subjects and objects of touristic activity

      1. Subjects of touristic activity are:

      1) touristic operators (tour operators)

      2) touristic agents (tour agents)

      3) guides (guide-interpreters), tourism instructors, cicerones;

      4) tourists and their associations;

      5) excursionist;

      6) other association in the scope of touristic activity;

      7) state bodies regulating public relations in the scope of touristic activity.

      2. Objects of touristic activity – natural objects and natural and climatic zones, sightseeing attractions, historical and social and cultural objects of demonstration and other objects able to satisfy tourist needs on a travel.

Article 4. Touristic industry

      1. Touristic industry – assembly of sources of placement of tourists, transport, objects of public catering, objects of cognitive, healthful, business, sportive and other assignment; organizations carrying out touristic activity as well as organizations providing excursion services and services of guides (guide-interpreters).

      2. Types of services in touristic industry:

      1) services on provision of tours;

      2) services on provision of place of residence;

      3) services on provision of nutrition;

      4) informational, advertising services;

      5) transport services;

      5-1) services for provision (including booking, sale and delivery) of tickets for all types of transport and tickets for events;

      6) entertainments;

      7) other tourist services, provided by the contract of tourist services.

      Footnote. Article 4 as amended by Law of the Republic of Kazakhstan № 269-V dated 29.12.2014 (shall be enforced from 01.01.2015).

Article 5. Touristic resources

      Classification and valuation of touristic resources of the Republic of Kazakhstan, mode of their security, order of use in recognition of maximum allowed charges on environment and preserving of entirety of touristic resources of the Republic of Kazakhstan, measures on their recover shall be determined in manner established by the legislation of the Republic of Kazakhstan.

Article 6. Organizational forms and types of tourism

      1. International and internal tourism shall be admitted as organizational forms of tourism.

      2. International tourism shall include:

      1) incoming tourism – travels within the Republic of Kazakhstan of persons not residing on its territory perpetually;

      2) international tourism – travels in other country of citizens of the Republic of Kazakhstan or persons residing in the Republic of Kazakhstan perpetually.

      3. Domestic tourism – travels within the Republic of Kazakhstan of citizens of the Republic of Kazakhstan and persons residing on its territory perpetually.

      4. Types of tourism - social, ecological, hunting, fishing, adventure, sports, business, congress, health and fitness, cultural, educational, religious, medical, children and youth, event and others.

      Footnote. Article 6 as amended by Laws of the Republic of Kazakhstan 269-V dated 29.12.2014 № (shall be enforced from 01.01.2015); № 73-VI dated 15.06.2017 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 7. Export and import of services in tourist industry

      1. Rendering of touristic services linked with organization of incoming tourism on territory of the Republic of Kazakhstan shall be export of touristic services.

      2. Rendering of touristic services linked with departure in other country shall be import of touristic services.

Chapter 2. State regulation of touristic activity

Article 8. Principles of the state regulation of touristic activity

      Basic principles of the state regulation of touristic activity in the Republic of Kazakhstan are:

      1) supporting of touristic activity and creation of favorable conditions for its development;

      2) determination and supporting of touristic activity;

      3) formation of representation on the Republic of Kazakhstan as on country favorable for tourism;

      4) provision of security, protection of rights of tourist and persons carrying out touristic activity, the Republic of Kazakhstan and their associations as well as protection of their interests and property.

Article 9. Purpose, priority directions and ways of the state regulation of touristic activity

      1. Basic purpose of the state regulation of touristic activity are:

      1) provision of rights of citizens on rest, freedom of movement in the scope of touristic activity;

      2) environment protection;

      3) creation of conditions for activity directed on nurturing, education and rehabilitation of tourists;

      4) development of touristic industry providing need of citizens upon commission of travels;

      5) creation of new workplaces, increase of incomes of the state and citizens of the Republic of Kazakhstan on account of development of touristic industry;

      6) development of international touristic contacts.

      2. Priority directions of the state regulation of touristic activity are:

      1) becoming of tourism as highly profitable branch of economic of the Republic of Kazakhstan;

      2) record of state interests, protection of natural and historical and cultural heritage of the Republic of Kazakhstan upon use of touristic resources;

      3) entering of conditions of exemption for organization of touristic and excursion work among children, teenagers, young people, invalid persons and disadvantaged population;

      4) creation of favorable conditions for investing of touristic industry;

      5) supporting and development of internal, incoming, social and self-regulatory tourism;

      6) creation of effective system of touristic activity for provision of needs of internal and international tourism.

      3. State regulation of touristic activity shall be carried out by:

      1) determination of policy on development of industry of tourism, investing in tourism;

      2) appliance of regulatory legal acts directed of perfection of relations in the scope of touristic activity;

      3) licensing of tourism activities in accordance with the Law of the Republic of Kazakhstan "On permits and notifications";

      3-1) standardization in the field of tourism activities in accordance with the legislation of the Republic of Kazakhstan in the field of standardization;

      4) is excluded by Law of the Republic of Kazakhstan No. 124-V dated 03.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication)

      5) supporting of staff assistance of touristic activity;

      6) supporting participation of native tourists, tour operators and tour agents and their associations in international touristic programmes;

      7) supporting in progressing of touristic product on internal and worldwide touristic markets;

      8) provision of rational and effective use, record and protection of touristic resources of country.

      Footnote. Article 9 as amended by Laws of the Republic of Kazakhstan No. 222 dated 12.01.2007 (shall be enforced upon expiry of six months after the date of its first publication); No. 307 dated 21.07.2007 (see Article 2 for the order of enforcement); No. 59-IV dated 05.07.2008 (see Article 2 for the order of enforcement); No. 124-V dated 03.07.2013 (hall be enforced upon expiry of ten calendar days after its first official publication); dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after its first official publication); dated 29.10.2015 No. 376-V (shall be enforced from 01.01.2016); dated 05.10.2018 No. 184-VI (shall be enforced upon expiry of six months after its first official publication).

Article 10. Competence of the Government of the Republic of Kazakhstan

      The Government of the Republic of Kazakhstan shall:

      1) determine and realize state policy on development of tourism;

      2) publish regulatory legal acts, regulating relations in the scope of touristic activity within its competence;

      3) create the state system of scientific provision in the scope of touristic activity;

      4) Is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
      5) Is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);

      6) establish personal structure and provision on counsel on tourism on representation of the authorized body;

      7) carry out collaboration and coordination with foreign states in the scope of tourism;

      8) Is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
      9) Is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
      10) Is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);

      10-1) on the basis of the competition held by the authorized body of the competition, shall determine a legal entity, performing the functions of the administrator of the system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism;

      10-2) shall approve the rules of operation of the system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism, the amount of money to be secured by a bank guarantee for tour operators and tour operators-charterers, operating in the field of outbound tourism, the amount of money to be transferred to a bank account, opened specially for the administrator of the system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism (hereinafter - a special account);

      10-3) shall approve the rules of the competition for the definition of a legal entity, performing the functions of the administrator of the system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism;

      11) perform other functions imposed on it by the Constitution, the Laws of the Republic of Kazakhstan and acts of the Republic of Kazakhstan.

      Footnote. Article 10 in the wording of Law of the Republic of Kazakhstan No. 59-IV dated 05.07.2008 (see Article 2 for the order of enforcement); as amended by Laws of the Republic of Kazakhstan No. 452-IV dated 05.07.2011 (shall be enforced from 13.10.2011); No. 461-IV dated 15.07.2011 (shall be enforced from 30.01.2012); No. 36-V dated 10.07.2012 (shall be enforced upon expiry of ten calendar days after its first official publication); № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); № 407-V dated 17.11.2015 (shall be enforced from 01.01.2016).

Article 11. Competence of the authorized body

      The authorized body shall:

      1) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);

      2) participate in formation and realization of unified policy on attracting investments in touristic branch;

      3) realize state policy in the scope of touristic activity, tourism and touristic industry;

      4) elaborate and establish regulatory legal acts, generalize practice of appliance of the legislation and make proposals on its perfection within its competence;

      5) Is excluded by Law of the Republic of Kazakhstan № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);

      6) carry out inter-industry and inter-regional coordination in the scope of touristic activity, cooperation with native and international touristic, public and other organizations and persons, carrying out touristic activity;

      7) bring action in the courts in accordance with the legislation of the Republic of Kazakhstan;

      8) carry out state control on observing of the legislation of the Republic of Kazakhstan on touristic activity;

      9) is excluded by the Law of the Republic of Kazakhstan dated 15.07.2011 No. 461-IV (shall be enforced from 30.01.2012).

      10) elaborate and perform international treaties in the scope of the touristic activity as well as represent interests of the state in the scope of tourism in international organizations and on international events and participate in their work within its competence;

      11) establish rules of classification of places of placement of tourists;

      12) establish rules of re-training and advanced training of specialists in the scope of touristic activity;

      13) shall approve the rules for formation and maintenance of the state register of tourist routes and paths;

      14) together with the authorized body in the field of standardization, shall regulate the activities in the field of standardization in the field of tourism activities;

      15) distribute information on Kazakhstan and its touristic possibilities on international touristic market and inside the state as well as by performing of republican and international exhibitions and expositions in the scope of touristic activity;

      16) – 19) are excluded by Law of the Republic of Kazakhstan No. 159-V dated 13.01.2014 (shall be enforced upon expiry of ten calendar days after its first official publication);

      20) Is excluded by Law of the Republic of Kazakhstan № 269-V dated 29.12.2014 (shall be enforced from 01.01.2015);

      20-1) shall approve the standard contract for tourist services;

      20-2) shall determine the general requirements for professional training, retraining and advanced training of specialists in the field of tourism;

      20-3) shall approve the qualification requirements for tour operator activities;

      20-4) shall approve the rules for provision of tourist services;

      20-5) shall keep the state electronic registers of travel agents, guides (guide-interpreters), tour guides and instructors of tourism, who have submitted a notification of the commencement of activities in accordance with the Law of the Republic of Kazakhstan "On permits and notifications";

      20-6) shall approve the forms of information for attachment to the notification of the commencement of the activity of the travel agent, guide (guide-interpreter), guide and tourism instructor;

      21) carry out other powers provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President if the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      Footnote. Article 11 in the wording of Law of the Republic of Kazakhstan No. 59-IV dated 05.07.2008 (see Article 2 for the order of enforcement); as amended by Laws of the Republic of Kazakhstan No. 188-IV dated 07.07.2009 (see Article 2 for the order of enforcement); No. 258-IV dated 19.03.2010; No. 378-IV dated 06.01.2011 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 452-IV dated 05.07.2011 (shall be enforced from 13.10.2011); No. 461-IV dated 15.07.2011 (shall be enforced from 13.10.2012); No. 36-V dated 10.07.2012 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 124-V dated 03.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 159-V dated 13.01.2014 (shall be enforced upon expiry of ten calendar days after date of its first official publication); № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); № 269-V dated 29.12.2014 (shall be enforced from 01.01.2015); dated 05.10.2018 No. 184-VI (shall be enforced upon expiry of six months after its first official publication).

Article 12. Competence of local executive bodies (akimats) of oblasts, cities of republican significance, capital districts, cities of oblast significance

      1. Local executive body of oblast, city of republican significance, capital shall:

      1) realize state policy and carry out coordination in the scope of touristic activity on territory of relevant administrative and territorial unit;

      2) is excluded by Law of the Republic of Kazakhstan No. 124-V dated 03.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication);

      3) is excluded by Law of the Republic of Kazakhstan No. 124-V dated 03.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication);

      4) is excluded by Law of the Republic of Kazakhstan No. 461-IV dated 15.07.2011 (shall be enforced from 30.01.2012).

      5) Is excluded by Law of the Republic of Kazakhstan № 269-V (dated 29.12.2014 shall be enforced from 01.01.2015);

      6) analyze market of touristic services and represent necessary details on development of tourism on territory of relevant administrative and territorial unit in the authorized body;

      7) shall develop and implement the measures to protect regional (cities of republican significance, the capital) tourist resources;

      8) coordinate activity on planning and building of objects of touristic industry on territory of relevant administrative and territorial unit;

      9) support in activity of infant and youth camps, associations of tourists and development of self-regulatory tourism;

      10) render methodic and consultative assistance to subjects of touristic activity in questions linked with organization of touristic activity;

      11) develop and support entrepreneurship in the scope of touristic activity as measure of increase of public employment;

      12) provide touristic activity as well as on touristic potential, objects of tourism and persons carrying out touristic activity;

      13) establish touristic informational center;

      13-1) shall carry out licensing of tour operator activities in accordance with the legislation of the Republic of Kazakhstan on licensing;

      13-2) shall organize professional training for a guide (guide-interpreter);

      13-3) shall approve, in coordination with the authorized body, an action plan for development of the tourism industry;

      13-4) shall keep the state register of tourist routes and paths;

      14) carry out other powers imposed on local executive body by the legislation of the Republic of Kazakhstan in interests of local state administration;

      2. Local executive body of district, city of republican significance shall:

      1 realize state policy and carry out coordination in the scope of touristic activity on territory of relevant administrative and territorial unit;

      2) carry out collecting, analysis and provide information on development of tourism on territory of relevant administrative and territorial unit in local executive body of oblast, city of republican significance, capital;

      3) elaborate and inculcate measures on protection of district touristic resources;

      4) coordinate activity on planning and building of objects of touristic industry on territory of relevant administrative and territorial unit;

      5) support in activity of infant and youth camps, associations of tourists and development of self-regulatory tourism;

      6) provide touristic information as well as on touristic potential, objects of tourism and persons carrying out touristic activity;

      6-1) shall keep a register of tourist routes and paths in the area;

      7) carry out other powers imposed on local executive body by the legislation of the Republic of Kazakhstan in interests of local state administration;

      Footnote. Article 12 in the wording of Law of the Republic of Kazakhstan No. 59-IV dated 05.07.2008 (see Article 2 for the order of enforcement); as amended by Laws of the Republic of Kazakhstan No. 452-IV dated 05.07.2011 (shall be enforced from 13.10.2011); No. 461-IV dated 15.07.2011 (shall be enforced from 30.01.2012); No. 124-V dated 03.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 159-V dated 13.01.2012 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); № 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); № 269-V dated 29.12.2014 (shall be enforced from 01.01.2015); dated 28.12.2018 No. 210-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 13. Tourism counsel

      1. Tourism counsel shall be created as advisory and consultative body upon the Government of the Republic of Kazakhstan.

      2. Structure of tourism counsel include representatives of the authorized body and interested state bodies as well as representatives of association and other unions in the scope of touristic activity.

      3. Tourism counsel shall:

      1) elaborate suggestions on questions of tourism development, attracting investment in current branch of economy, provision of favorable treatment of entrance in the Republic of Kazakhstan and creation of conditions for departure of tourists abroad, formation of touristic reputation of the republic, training of specialists in the scope of touristic activity;

      2) keep rating of persons carrying out the touristic activity on established manner by it for purpose of informing of customers of touristic services on quality of services.

      4. Is excluded by Law of the Republic of Kazakhstan No. 59-IV dated 05.07.2008 (see Article 2 for the order of enforcement).

      Footnote. Article 13 as amended by Law of the Republic of Kazakhstan No. 59-IV dated 05.07.2008 (see Article 2 for the order of enforcement).

Article 14. Touristic informational center

      Touristic informational center is organization established by the Government and (or) akimat of oblast (city of republican significance, capital), created for formation and expansion of information on Kazakhstan its touristic potential, progressing of touristic product on international touristic market and inside the state as well as in purpose of creation of conditions for development of new subjects of entrepreneurship and methodological provision in the scope of touristic activity.

      Footnote. Article 14 in the wording of Law of the Republic of Kazakhstan No. 59-IV dated 05.07.2008 (see Article 2 for the order of enforcement).

Chapter 3. Organization of touristic activity

Article 15. General conditions for performance of tourist activities

      1. The performance of tour operator activity shall be allowed if the tour operator in the field of outbound tourism has concluded contracts of compulsory insurance of a tourist in respect of each tourist, traveling abroad.

      2. In accordance with the legislation of the Republic of Kazakhstan on permits and notifications:

      tour operator activity shall be a licensed activity;

      travel agency activities, as well as the activities of guides (guide-interpreters), tour guides and tourism instructors shall be carried out in a notification procedure.

      Suspension of a license for tour operator activities shall entail a ban on the provision of tourist services, except for the obligations, arising from previously concluded contracts.

      Suspension of a license for tour operator activities, deprivation of a license for tour operator activities shall be carried out in the manner, prescribed by the legislation of the Republic of Kazakhstan on administrative offenses.

      The tour operator shall ensure the provision of all services to tourists, included in the tourist product, independently or with the involvement of third parties, on which the tour operator imposes the execution of part or all of its obligations to tourists.

      The tour operator in the field of outbound tourism shall promote and sell the tourist product exclusively through travel agents. A travel agent, when selling a tourist product, formed by a tour operator in the field of outbound tourism, shall be obliged to issue a tourist package and a tourist voucher.

      The tourist product, formed by a non-resident of the Republic of Kazakhstan, shall be promoted through the inclusion of a tour operator in the field of outbound tourism into the tourist product and shall be sold in accordance with this Law.

      3. The travel agent shall promote and sell to tourists the tourist product only, formed by the tour operator in accordance with the legislation of the Republic of Kazakhstan.

      Promotion and sale of a tourist product by a travel agent shall be carried out on the basis of an agency contract for the sale of a tourist product, concluded with a tour operator in writing.

      The agency contract for the sale of a tourist product between a tour operator and a travel agent must contain information about the tour operator that formed the tourist product, the travel agent's authority to conduct transactions with tourists on behalf of the tour operator, the order of interaction between the tour operator and the travel agent if the tourist or third parties providing certain tourist services, included in the tourist product, make claims, description of the tourist route, reliable information about the tourist product and the responsibility of each of the parties to the tourist for failure to provide or provision of false information about the tourist product.

      The tour operator shall be liable to the tourist as provided for by the laws of the Republic of Kazakhstan for failure to fulfill or improper fulfillment of obligations under the contract for tourist services (including the failure to provide or improper provision of services to tourists, included in the tourist product, regardless of who should have provided them or who provided these services).

      4. Tour operator activities in the field of religious tourism shall be carried out in the manner, determined by the authorized body in the field of religious activities in coordination with the authorized body.

      Footnote. Article 15 shall be amended by the Law of the Republic of Kazakhstan dated 02.07.2018 No. 166-VI (shall be enforced from 01.01.2019)

Article 15-1. Classification of places pf placement of tourists

      1. Places of placement of tourists shall be subject to classification in purpose of supporting increasing of tourist movement and incomes of all types of tourism.

      2. Characteristic of places of placement of tourists allowing to carry out attestation on one of categories on bases of rules of classification of places of placement of tourists shall be considered upon performance of classification.

      3. Rules pf classification of places of placement shall determine basic purpose, organizational structure. Minimal requirements and regulate order of assignment of categories to places pf placement of tourists.

      Footnote. The Law is supplemented by Article 15-1 in accordance with Law of the Republic of Kazakhstan No. 59-IV dated 05.07.2008 (see Article 2 for the order of enforcement).

Article 15-2. Formation of touristic product

      1. Formation of touristic product – is activity of tour operator on negotiating and performance of treaties with third parties rendering particular touristic services included in touristic product.

      2. Touristic product shall be formed by tour operator at its discretion on the assumption of conjuncture of touristic market or on concrete order.

      3. Tour operator accrue a right on services included in tour on base of treaties providing particular touristic services.

      Footnote. The Law is supplemented by Article 15-2 in accordance with Law of the Republic of Kazakhstan No. 59-IV dated 05.07.2008 (see Article 2 for order of enforcement).

Article 15-3. Notifications in the field of tourism

      1. Notification of the commencement of the activity of a travel agent, guide (guide-interpreter), tour guide or tourism instructor shall be submitted in accordance with the Law of the Republic of Kazakhstan "On permits and notifications".

      2. Travel agents, guides (guide-interpreters), tour guides and tourism instructors shall attach information to the notification in the form, approved by the authorized body.

      3. Is excluded by the Law of the Republic of Kazakhstan dated 02.07.2018 No. 166-VI (shall be enforced from 01.01.2019).

      4. Guides (guide-interpreters), tour guides and tourism instructors shall attach a certificate of training in tourism to the notification.

      Footnote. Chapter 3 shall be supplemented by Article 15-3 in accordance with the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015); as amended by the Law of the Republic of Kazakhstan dated 02.07.2018 No. 166-VI (shall be enforced from 01.01.2019).

Article 16. Standardization in the field of tourist activities

      Standardization in the field of tourist activities shall be carried out in accordance with the legislation of the Republic of Kazakhstan in the field of standardization.

      Footnote. Article 16 shall be amended by the Law of the Republic of Kazakhstan dated 05.10.2018 No. 184-VI (shall be enforced upon expiry of six months after its first official publication).

Article 17. Treaty on touristic serving

      1. Rendering of touristic services shall be carried out on base of treaty. Treaty on touristic serving shall be negotiated in written form with exception treaties negotiated by guide (guide-interpreter) and ciceroni and shall correspond to the legislation of the Republic of Kazakhstan.

      Material condition of treaty on touristic serving shall be established by type treaty established by the Government of the Republic of Kazakhstan.

      2. Is excluded by Law of the Republic of Kazakhstan No. 59-IV dated 05.07.2008 (see Article 2 for the order of enforcement).

      3. Each party have a right to require changes or denouncement of treaty in recognition with material changes of conditions from judge by which upon negotiating of treaty.

      4. Material changes of conditions are:

      1) deterioration of conditions of travel, changes of travel terms;

      2) unforeseen increase of transport tariffs;

      3) enforcement of new or increase of active tax and charge rates and other obligated payments in the budget;

      4) other bases determined on agreement of parties.

      5. Tourist have a right to avoid treaty in case of non-performance or inappropriate performance of treaty by person carrying out touristic activity on conditions and manner provided by the legislation of the Republic of Kazakhstan.

      6. Tourist have a right to decline from performance of treaty before beginning of travel upon condition of payment to person carrying out touristic activity incurred by him (her) expenditure for services rendered before notification on decline from performance of treaty in fact.

      7. Is excluded by Law of the Republic of Kazakhstan No. 59-IV dated 05.07.2008 (see Article 2 for the order of enforcement)

      8. In case of purchase of touristic services included in structure of tour document confirming rights of tourist on relevant services of touristic voucher.

      9. Services shall be subject to payment in full volume in case of impossibility of performance of treaty on touristic serving arising through a fault of tourist unless otherwise is not provided by the legislative acts or treaty of refundable rendering of services.

      10. In case when impossibility of performance of treaty on touristic serving is increased on conditions on which no one of parties shall not respond tourist shall compensate expenditures to person carried out touristic activity incurred by him (her) unless otherwise is not provided by the legislative acts or treaty.

      11. Person carrying out touristic activity have a right to refuse from performance of treaty only upon condition of full compensate of losses to customer inflicted by denouncement of treaty except case when it happened through a fault of tourist.

      12. Person carrying out touristic activity shall entail responsibility for inappropriate performance of conditions of treaty in case of irregularity of condition of treaty on arrival in other country or on itinerary of travel.

      Footnote. Article 17 as amended by Laws of the Republic of Kazakhstan No. 222 dated 12.01.2007 (shall be enforced upon expiry of six months after the date of its first publication); No. 59-IV dated 05.07.2008 (see Article 2 for the order of enforcement)

Article 18. Compensation of losses and moral harm, conditions of changing of treaty of touristic serving

      1. Compensation of losses and moral harm to tourists shall be performed in accordance with the legislation of the Republic of Kazakhstan.

      2. Person carrying out touristic activity shall not entail responsibility for damage incurred by tourist on time of traveling in consequence of action of insuperable force.

      3. Person carrying out touristic activity shall give individual or group (upon serving of touristic group) carriage document (ticket) to tourist containing names of point of departure and destination, maid rules and obligations of passengers upon transfer of passengers on any type of transport.

      4. Person carrying out touristic activity shall inform in written form family of tourist on emergency event with tourist on at its expense.

      5. Responsibility for transfer non provided to weight of freight its safety shall be imposed on tourist. Treaty of transfer shall be in force if person carrying out touristic activity gave ticket, baggage-check or airway bill on applied to transfer freight but they formed inaccurate or lost or on any other reasons it is impossible to present them.

      6. Person carrying out touristic activity shall inform tourist in written form immediately on character of such changes and possible consequences in case of changes of conditions provided by treaty and necessity of material change of conditions of treaty.

      Footnote. Article 18 as amended by Law of the Republic of Kazakhstan No. 59-IV dated 05.07.2008 (see Article 2 for the order of enforcement).

Article 19. Persons carrying out touristic activity

      1. Persons carrying out touristic activity have a right to open their affiliated organizations and representatives.

      2. Persons, engaged in tourist activities, may not use the names of other persons, engaged in tourist activities, registered in accordance with the legislation of the Republic of Kazakhstan on state registration of legal entities and account registration of branches and representative offices.

      Footnote. Article 19 in the wording of Law of the Republic of Kazakhstan No. 461-IV dated 05.07.2011 (shall be enforced from 30.01.2012); as amended by the Law of the Republic of Kazakhstan dated 02.04.2019 No. 241-VІ (shall be enforced from 01.07.2019).

Article 20. Unions of persons carrying out touristic activity

      Footnote. Title in wording of Law of the Republic of Kazakhstan No. 59-IV dated 05.07.2008 (see Article 2 for the order of enforcement).

      Persons, carrying out touristic activity and other persons of touristic industry may create unions in form associations (alliances) in purpose of coordination of their professional activity as well as representation and protection of general interests in manner established by the legislation of the Republic of Kazakhstan.

      Footnote. Article 20 as amended by Law of the Republic of Kazakhstan No. 59-IV dated 05.07.2008 (see Article 2 for the order of enforcement).

Article 21. Unions of tourists

      Citizens of the Republic of Kazakhstan may create public unions in purpose of protection of rights and interests, supporting of development of tourism.

Article 22. Professional training of specialists in the scope of touristic activity

      1. Professional training, re-training of specialists in the scope of tourism shall be carried out by organizations of education having relevant licenses in the scope of education.

      2. Order of re-training and advanced training of specialists in the scope of touristic activity shall be determined by the authorized body.

      Footnote. Article 22 as amended by Law of the Republic of Kazakhstan No. 59-IV dated 05.07.2008 (see Article 2 for the order of enforcement).

Article 23. Guide (guide-interpreter), instructor of tourism, ciceroni

      Guide (guide-interpreter), instructor of tourism, ciceroni may be only a citizen of the Republic of Kazakhstan.

Chapter 4. Rights and obligations of tourist, provision of security of tourist

Article 24. Rights of tourist

      Upon preparing to travel, on time of traveling including through traffic tourist have a right on:

      1) address in counsel, diplomatic, other state as well as touristic representatives in case of offence on his (her) personal security or property;

      2) necessity and true information on rules of entrance in country (place) of temporary stay as well as departure from country place) of temporary stay or stay there, on specialties of the legislation of the country (place) of temporary stay, on customs of native population, on religious rites, relics, monuments of nature, history, culture and other objects of touristic demonstration being under special security, environment condition;

      3) freedom of movement, free access to touristic resources in recognition of applied restrictive measures in country of temporary stay;

      4) compensation of losses and moral harm in case of non-performance of conditions of treaty on touristic serving by persons carrying out touristic activity in manner established by the legislation of the Republic of Kazakhstan;

      5) receiving of emergency medical treatment;

      6) supporting in receiving of legal and other types of assistance to foreign tourists of the state power of the Republic of Kazakhstan;

      7) unhampered access of tourists to available communications facilities.

      Other rights of tourists shall be determined by the legislation of country (place) of stay.

      Footnote. Article 24 as amended by Law of the Republic of Kazakhstan No. 59-IV dated 05.07.2008 (see Article 2 for the order of enforcement).

Article 25. Obligations of tourist

      On time of traveling including through traffic tourist shall:

      1) observe the legislation of country (place) of temporary stay;

      2) preserve environment, treat with due care to monuments of nature, history and culture in country (place) of temporary stay;

      3) observe rules of entrance and stay in country (place) of temporary stay as well as departure from country (place) of temporary stay and in countries of travel in transit;

      4) observe rules of personal security on time of travel.

      Other obligation of tourists shall be determined by the legislation of country (place) of stay.

Article 26. Provision of security of tourists

      1. Security of tourists on territory of the Republic of Kazakhstan shall be warranted by the Republic of Kazakhstan. The Republic of Kazakhstan shall warrant protection and patronage beyond it to tourists-citizens of the Republic of Kazakhstan.

      2. Under security of tourists shall be regarded personal security of tourists, preserving of their property and not-inflicting of harm to environment on time of travels as well as complex of measures directed of preserving of use of tourism in purpose of illegal migration and through traffic in third countries, sexual, labor and other exploitation of citizens.

      3. The authorized body shall inform persons carrying out touristic activity and tourists on possible dangers for tourists in country (place) of temporary stay.

      4. Persons carrying out touristic activity shall provide to tourists details on specialties of travels including necessity and true information on rules of entrance, departure and stay on country (place) of temporary stay, on legislation, on customs of native population, on religious rites, relics, monuments of nature, history, culture and other objects of touristic demonstration being under special security, environment condition as well as on dangers with which they can meet upon traveling and carry out preventive measures directed on provision of security of tourists in a three days before beginning of travel in written form.

      5. Persons carrying out touristic activity shall immediately inform the authorized body and the authorized body in the scope of civil protection as well as tourist’s family from the moment when they knew or have to knew on emergency event with tourist on time of travel.

      If emergency event happened with foreign tourists on territory of the Republic of Kazakhstan or tourists-citizens of the Republic of Kazakhstan beyond of the Republic of Kazakhstan persons carrying out touristic activity shall inform also bodies of the diplomatic service.

      6. Tourists supposed to travel in country (place) of temporary stay shall pass prevention in accordance with the international medical requirements.

      7. Rendering of necessity assistance to tourists suffering distress on territory of the Republic of Kazakhstan shall be carried out by specialized services determined by the Government of the Republic of Kazakhstan.

      8. The authorized body jointly with interested ministries and other executive bodies shall organize provision of protection and security of tourists.

      9. Akimat of oblast, city of republican significance, capital shall organize protection and security of tourists.

      Footnote. Article 26 as amended by Laws of the Republic of Kazakhstan No. 13 dated 20.12.2004 (shall be enforced from 01.01.2005); No. 59-IV dated 05.07.2008 (see Article 2 for the order of enforcement); No. 124-V dated 03.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 189-V dated 11.04.2014 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 27. Insurance in tourist activities

      1. When selling a tourist product, a travel agent must:

      request the name of an insurance organization with which a tourist traveling abroad expresses an intention to enter into a contract of compulsory insurance of a tourist;

      issue an insurance certificate to a tourist traveling abroad and, if necessary, an insurance policy.

      2. The contract of compulsory insurance of a tourist should provide for payment of medical care to tourists and reimbursement of their expenses in the event of an insured event directly in the country (place) of temporary stay.

      3. The Government of the Republic of Kazakhstan shall have the right to impose on tourists who enter the territory of the Republic of Kazakhstan a requirement of having a certificate of life and health insurance.

      4. A tour operator in the field of outbound tourism shall be obliged to insure a tourist traveling abroad against the risks, specified by the Law of the Republic of Kazakhstan "On mandatory insurance of a tourist".

      Footnote. Article 27 shall be amended by the Law of the Republic of Kazakhstan dated 02.07.2018 No. 166-VI (shall be enforced from 01.01.2019).

Chapter 4-1. System of guaranteeing the rights of citizens of the Republic

of Kazakhstan in the field of outbound tourism

      Footnote. The Law shall be supplemented by Chapter 4-1 in accordance with the Law of the Republic of Kazakhstan dated 17.11.2015 No. 407-V (shall be enforced from 01.01.2016).

Article 27-1. General provisions

      The system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism shall be a set of legal relations between citizens of the Republic of Kazakhstan, travel agents, tour operators, tour operators-charterers, the administrator of the system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism and the authorized body, protecting the rights of citizens of the Republic of Kazakhstan in outbound tourism.

Article 27-2. Subjects of the system of guaranteeing the rights of citizens

of the Republic of Kazakhstan in the field of outbound tourism

      1. The subjects of the system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism shall be:

      1) tour operators, operating in the field of outbound tourism;

      2) tour operators-charterers, operating in the field of outbound tourism;

      3) travel agents, engaged in the field of outbound tourism;

      4) the administrator of the system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism.

      2. The administrator of the system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism shall be a legal entity, defined by the Government of the Republic of Kazakhstan, the only activity of which is to exercise the functions of the administrator of the system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism.

      3. The administrator of the system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism shall not be entitled to carry out entrepreneurial and other types of activities, receive loans, act as a guarantor on loans to third parties, transfer property as collateral.

      4. The activity of the administrator of the system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism shall be financed at the expense of a commission fee, deducted from the amount of money to be transferred in accordance with subparagraph 2) of paragraph 1 of Article 27-3 of this Law in the amount, established by the Government of the Republic of Kazakhstan.

      5. The beneficiaries of the system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism shall be the citizens of the Republic of Kazakhstan who are tourists.

Article 27-3. Obligations of the subjects of the system of guaranteeing the rights of citizens

of the Republic of Kazakhstan in the field of outbound tourism

      1. The following obligations shall be imposed on tour operators and tour operators-charterers, operating in the field of outbound tourism:

      1) conclusion of a bank guarantee contract with a second-tier bank in accordance with the banking legislation of the Republic of Kazakhstan, providing for payment in favor of the administrator of the system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism or third parties, identified by the administrator of the system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism, of money secured by a bank guarantee, with the provision of the original or a notarized copy of the contract of the administrator of the system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism;

      2) transfer of money to a special account from each tourist product, formed by a tour operator or a tour operator-charterer and sold by a travel agent to a citizen of the Republic of Kazakhstan in the amount, approved by the Government of the Republic of Kazakhstan.

      2. Ensuring that the subjects of the system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism fulfill the obligations, listed in this article, shall be assigned to the administrator of the system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism and the authorized body.

      3. The authorized body in case of detection of the provision of tourist services in the field of outbound tourism to citizens of the Republic of Kazakhstan by a tour operator or a tour operator-charterer, who does not fulfill the obligations provided for in this article or does not perform them properly, shall be obliged, within three working days from the day such a circumstance is revealed, to suspend the license in accordance with the legislation of the Republic of Kazakhstan on permits and notifications.

Article 27-4. Mechanism of protection of the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism

      1. The decision to perform actions to protect the rights of citizens of the Republic of Kazakhstan shall be taken by the administrator of the system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism in coordination with the authorized body in the following cases:

      1) written or oral appeal of a citizen of the Republic of Kazakhstan in case of violation of his rights in the field of outbound tourism;

      2) appeals of state bodies on the facts of violation of the legislation of the Republic of Kazakhstan on tourist activities in the field of outbound tourism;

      3) a written appeal of the association (associations) of tourists on the facts of violation of the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism;

      4) appeals of mass media on the facts of violation of the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism;

      5) in other cases of a threat of harm to the life and health of the citizens of the Republic of Kazakhstan in the field of outbound tourism.

      2. The administrator of the system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism shall notify the head of the tour operator or tour operator-charterer about the decision within a day, the foreign institution of the Republic of Kazakhstan in the country where the tourists are located, and shall also inform the citizens of the Republic of Kazakhstan through the media.

      3. The procedure for implementation of measures to protect the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism shall be determined in the rules of operation of the system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism.

Chapter 5. Final provisions

Article 28. Responsibility for infraction of the legislation of the Republic of Kazakhstan on touristic activity

      Infraction of the legislation of the Republic of Kazakhstan on touristic activity shall entail responsibility in accordance with the Laws of the Republic of Kazakhstan.

      Footnote. Article 28 in the wording of Law the Republic of Kazakhstan No. 59-IV dated 05.07.2008 (see Article 2 for the order of enforcement).

Article 28-1. State control in the field of tourist activities

      The state control in the field of tourist activity shall be carried out in the form of inspection and preventive control in accordance with the Business Code of the Republic of Kazakhstan.

      Footnote. Article 28-1 in the wording of Law of the Republic of Kazakhstan No. 188-IV dated 17.07.2009 (see Article 2 for the order of enforcement); dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 29. Transitional provisions

      Individuals and legal entities having licenses on carrying out of touristic activity on moment of enforcement of this Law shall bring their activity in accordance with this Law in six monthly terms from date of enforcement of this Law.

The President
of the Republic of Kazakhstan



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