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MYANMAR TOURISM LAW
THE STATE LAW AND ORDER RESTORATION
COUNCIL
MYANMAR TOURISM LAW
(The State Law and Order Restoration Council Law
No. 13/90)
The 13th Waning Day of Nayon, 1352 ME.
(20th June, 1990)
The State Law and Order Restoration Council hereby enacts the following Law : –
CHAPTER I
Title and Definition
1. This Law shall be called the Myanmar Tourism Law.
2. The following expressions contained in this Law shall have the
meanings given hereunder
-
Tourist means a person travelling from his place of residence to
another place for a visit. This expression also includes a domestic tourist, international
tourist and a foreign visitor;
-
Tourism Industry includes tourist enterprise, hotel business,
lodging-house business, tourist transport business, tour guide business and business which
are prescribed by the Myanmar Tourism Commission as tourism industry;
-
Tourist Enterprise means an economic enterprise which a tour
operator business or travel agency business or both;
-
Hotel Business means an economic enterprise, which provides
accommodation and food, beverage and other services for tourists. This expression also
includes restaurant business opened at the hotel or within its premises;
-
Lodging House Business means an economic enterprise, which provides
only accommodation for tourists. This expression also includes guesthouse business,
boarding-house business or similar lodging business;
-
Tourist Transport Business means an economic enterprise, which
provides transport to tourists within a town or from one town to another or to any
locality within the country;
-
Tour Guide Business means an economic enterprise, which
provides tour service to tourists;
-
Commission means the Myanmar Tourism Commission formed under
this Law;
-
Directorate means the Directorate formed by the
Government under this Law;
-
Inspector means the Directorate or a person assigned by the
Directorate in order to inspect tourism industry contained in this Law;
- License means a permit issued by the Directorate to operate any t~in5m industry;
- License-ho1der means a person who has the right to operate any tourism industry
under this Law
-
CHAPTER II
Basic Principles
3. Tourism industry shall be operated in accordance with the following basic
principles: –
- prevention of infringement of the sovereignty and security of the State;
- betterment of the interests of Myanmar and its citizens;
- contributing to the friendship, understanding and unity of the national races through
tourism industry;
- preservation and development of ancient historical sites and monuments, traditional arts
and custom of the national races, which are the cultural heritage of Myanmar;
- preservation and development of natural scenic beauty and natural environmental heritage
of Myanmar;
- contributing to international friendship and understanding through tourism industry;
- development of technical knowledge relating to tourism industry and opening up of more
employment opportunities;
- providing security and satisfaction of tourists.
CHAPTER III
Formation, Duties and Powers of the Commission
4. The Government shall, by notification form the Myanmar Tourism Commission
5. The duties and powers of the Commission are as follows: –
- laying down the policies of Tourism;
- causing the implementation of the systematic development of the to tourism industry;
- designating of areas in which cultural and natural heritage exist as tourism zones;
- giving guidelines for international relations with regard to the tourism industry;
- giving guidelines for improving the quality and raising the standard of tourism industry
and dissemination of technical knowledge relating thereto;
- determining an economic enterprise operating any of the services such as health,
knowledge, recreation, and entertainment for tourists as a tourism industry;
- submitting to the government from time to time the activities carried out;
- carrying out the duties and powers assigned from time to time by the Government.
CHAPTER IV
Application for License
6. A person desirous of operating any of the following businesses of tourism industry
for international tourists or foreign visitors shall apply for a license to the
Directorate in the prescribed form-
(a) Tourist Enterprise;
(b) Hotel Business;
(c) Lodging-House Business;
(a) Tourist transport Business;
(e) Tour Guide Business;
(f) Businesses prescribed from time to time as a Tourism Industry by the Commission.
7. The Directorate may prescribe the types of business to be operated
under a license for domestic tourists from among the businesses contained in section 6.
CHAPTER V
Duties and Rights of the License-holder
8. The license-holder shall pay the license fee and other duties and
taxes prescribed by the Directorate.
9. The license-holder shall abide by the conditions contained in the
license.
10. The license-holder shall abide by the order, notification and
directives issued from time to time by the Commission or the Directorate,
11. The license-holder dissatisfied with the order or decision of the
Directorate relating to the license has the right to file an appeal to the Minister of the
Ministry concerned.
CHAPTER VI
Formation, Duties and Powers of the Directorate
12. In order to operate the Tourism Industry systematically in accordance with the
provision of this Law, the government shall form a Directorate
13. The duties and powers of the Directorate are as follows: –
- carrying out in accordance with the policies laid down by the Commission;
- implementing for the systematic development of the tourism industry;
- carrying out for the promotion of the tourism industry;
- carrying out to improve the quality and to raise the standard of tourism industry and to
disseminate technical knowledge relating thereto;
- supervising the tourism industry in accordance with the provisions of this Law;
- prescribing and revising the license fee and
- other taxes and duties;
- issuing, refusing, suspending, revoking or canceling the license;
- appointing Inspectors to inspect the tourism industry;
- carrying out the duties and powers assigned from time to time by the Commission and the
Ministry concerned.
14. The Directorate may, in consultation with the departments concerned stipulate
conditions relating to foreign currency earned by the license-holder from the tourism
industry.
CHAPTER VII
Inspection and Taking of Action
15. The Inspector shall carry out the following duties: –
- inspecting the tourism industry within the area for which he has undertaken
responsibility or within the area specially assigned and investigating as may be
necessary;
- taking action in accordance with the procedures against a person who has violated any
prohibition contained in this Law;
- carrying out duties assigned from time to time by the Directorate.
16. The powers of the Inspector are as follows: –
- calling for and copying records, accounts and other supporting documents relating to the
industry, and inspecting articles relating to the industry in order to examine whether or
not a license-holder has complied with the conditions of the license;
- having the right to examine in accordance with this Law any building, vehicle or person
relating to the tourism industry.
CHAPTER VIII
Invalidation of License
17. The License is invalidated when any of the following events occur:
-
death of the license-bolder;
-
expiry of the term of the license;
-
revocation or cancellation of the license;
-
surrender of the license by the license-holder when he wishes to
discontinue his business.
-
18. If the Directorate finds after investigation that the
license-holder has discontinued his business, the said license may be deemed to have
become invalidated.
19. The license-holder shall surrender the license invalidated under
section 17 to the Directorate or the State/Division, Township Zone or Township Office of
the Directorate within 15 days from the date on which it was invalidated.
CHAPTER IX
Appeals
20. An applicant for a license or a license-holder dissatisfied with
the order or decision passed by the Directorate may file an appeal to the Minister
concerned within 30 days of the receipt of such order or decision.
21. The decision of the Minister concerned shall be final.
CHAPTER X
Prohibitions
22. No one shall engage in any tourism industry under section 6 or
section 7 without a license.
23. A license-holder-
-
shall not violate any condition contained in the license;
-
-
shall not violate any prohibition contained in an order, notification
or directive issued from time to time by the Commission or the Directorate.
-
24. No one shall interfere or obstruct the Inspector in the discharge
of his duties.
25. No one shall form an association relating to the
tourism industry without registering in accordance with the Myanmar Companies Act.
CHAPTER XI
Offences and Penalties
26. Whoever violates the provision of section 22 shall, on
conviction be punished with imprisonment for a term which may extend to 3 years or with
fine which may extend to kyats 30,000 or with both.
27. A license-holder who violates the provision of section 23 shall, on
conviction be punished with imprisonment for a term which may extend to 2 years or with
fine which may extend to kyats 20,000 or with both.
28. Whoever violates the provision of section 24 shall, on conviction
be punished with imprisonment for a term which may extend to 2 years or with fine which
may extend to kyats 20,000 or with both.
29. Whoever violates provision of section 25 may, oil conviction be
punished with fine which may extend to kyats 10,000.
30. Whoever abets or attempts or conspires in the commission of any offence under this
Law shall be punished with the punishment provided for that offence in this Law,
CHAPTER XII
Miscellaneous
31. The provisions of this Law shall not apply to State-owed Economic
Organizations.
32. License holders have the right to form associations relating to their enterprise
only by registering in accordance with the Myanmar Companies Act.
33. Offences prosecuted under this Law are prescribed as cognizable offences.
34. During the period in which the Government has not been able to form the Directorate
under12, the duties and powers of the said Directorate shall be performed and exercised by
the Directorate of Trade.
35. No suit or prosecution shall lie against any public servant for anything, which is
done in good faith in pursuance of this Law.
36. For implementing the provisions of this Law, the Ministry concerned-
- may with the approval of the Government, issue necessary procedures;
- may issue necessary orders and directives.
(Sd.) Saw Maung
Senior General
Chairman
The State Law and Order Restoration Council
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