Ministry of Hotels and Tourism
THE STATE LAW AND ORDER RESTORATION COUNCIL MYANMAR TOURISM LAW
(The State Law and Order Restoration
Council Law No. 13/90)
The State Law and Order Restoration Council hereby enacts the following Law : -
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
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;
3. Tourism industry shall be operated in accordance with the following basic principles: -
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: -
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-
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.
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.
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: -
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.
Inspection and Taking of Action
15. The Inspector shall carry out the following duties: -
16. The powers of the Inspector are as follows: -
Invalidation of License
17. The License is invalidated when any of the following events occur:
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.
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.
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 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.
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,
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-
(Sd.) Saw Maung
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