News 24 | A deadline of 90 days for the practitioners to adjust their status... Details and objectives of the tourism system
Today, Friday, the official newspaper, Umm Al-Qura, published the tourism system, provided that it begins to operate after 90 days from the date of its publication, after it was previously approved by the Council of Ministers.
The system included the issuance of its bylaw by the Minister of Tourism within 90 days from the date of its publication, provided that everything that contradicts it is cancelled.
reconcile the situation
According to the system, anyone who engages in tourism activity must apply to the ministry to amend his status in accordance with the provisions within a period not exceeding 90 days from the date of its entry into force, while the ministry may, for reasons it estimates, extend the period for another 90 days.
While the system indicated that taking into account the National Incentives Committee formed by the decision of the Council of Economic and Development Affairs, the Minister of Tourism - after agreement with the relevant government agencies - is granted to propose customs and tax exemptions related to tourism activities and the necessary incentives to revitalize the tourism sector and raise them in accordance with the statutory procedures.
The system defines what is meant by some of the terms it contains:
-tourism: Travel or transfer of an individual or group from outside the Kingdom to its interior or from the Kingdom to abroad, for a temporary period, for any tourist purpose, or to benefit from the services of tourism, complementary and specialized activities.
-the tourist: A natural person who stays for the purpose of tourism for a period of no less than one night outside his usual place of residence for the purpose of tourism, or who benefits from the services mentioned in the previous paragraph.
Tourist destination: Any geographical area or location in which tourism activities are practiced or targeted, or contains tourism components, as determined by the system.
Tourist facility: The real estate, building or place through which the tourism activity is practiced or the like, licensed by the Ministry.
Travel and Tourism Services: Arranging, organizing and providing services in the field of tourism, including trips, tourism programs, sale and marketing of travel tickets from licensed companies, visa issuance services, tourism activities services or hospitality facilities and reservation, and the like.
According to the system, the ministry, in cooperation with government agencies and establishments in the private sector, develops a plan for the normal workforce in accordance with the objectives of Emiratisation and the necessary standards and requirements from the competent authority to achieve them based on the classification of the World Health Organization and international best practices.
The Ministry was also given the powers to determine the financial compensation for licenses for tourism activities, services and businesses that it provides. And that is until the issuance of (the regulation of the practice of public bodies and institutions - and the like).
Establishing institutes and colleges
The system included directing the relevant government agencies in coordination with the Center for the Development of Non-Oil Revenues and the Ministry of Tourism before lifting any proposal related to imposing a tax, fee or financial consideration that affects the tourism activities that the ministry licenses to practice, in addition to adding a new article to the ministry’s organization that includes coordination with the authorities Specialized in establishing tourism colleges, institutes and academies to teach tourism-related sciences, and setting up specialized training courses and programs in accordance with the regulations.
The importance of licenses
The second article of the system stressed the importance of obtaining the necessary license or permit from the ministry before practicing any of the tourism activities as determined by the regulation, with the regulation stipulating the provisions regulating obtaining licenses, permits, standards and requirements for the practice of tourism activities within the jurisdiction of the ministry and the classification of activities.
She also noted that the additional criteria and requirements for issuing licenses, permits and approvals necessary for practicing complementary and specialized tourism activities and controlling them from the competent authorities in tourist destinations are determined by a decision of the Minister after coordination with the relevant authorities.
The third article indicated that the licensee is obligated to provide the best services in accordance with the approved standards, and to continue to abide by all the requirements and requirements for the license and classification specified for him during their validity as determined by the regulation, as well as registering the data of all his employees with the ministry and updating the data in the event of any change in it within a period It does not exceed 3 months from the date of the change, with the submission of tourism data, information and statistics to the Ministry in accordance with the regulations, and the decisions and instructions issued by the Ministry.
The fifth article called on the ministry and government agencies - each within the limits of its competence - to work to achieve the goals of the system and strategy by integration and partnership with the private sector, the non-profit sector and the local community.
And the sixth article in the first clause of it stated that the tourist destinations and related matters are determined by a decision of the Council of Ministers based on a proposal from the Minister, especially determining the tourist components to be exploited and the targeted tourist activities, and a statement of the state’s real estate or real estate allocated to government agencies in the tourist destination, and the requirements for protecting the environment and ensuring Applying environmental standards in accordance with the provisions of the Environmental Law, and what is related to the responsibilities, competencies and powers assigned to any of the government agencies in order to suggest the Ministry’s participation in those responsibilities, competencies or powers or transfer them to it within the limits of the tourist destination, as well as the urban planning requirements of the tourist destination.
The article also included the importance of preparing controls for the disposal of the tourist destination in order to develop and invest it. This is in accordance with the regular procedures followed, with setting the necessary standards and requirements for practicing tourism activities in the tourist destination, and determining the economic and social effects of the area in the tourist destination.
The second item of the article noted that without prejudice to what was stated in the first item, it is not permissible to propose specifying any tourist destination except after coordination with the ministry, while the ministry works with the State Real Estate Authority to identify the state-owned tourist destinations that the ministry sees as feasible for tourism development.
The seventh article stressed that without prejudice to the laws and regulations, it is prohibited to offend the reputation of tourism in the Kingdom, infringe on tourist destinations and components, or cause damage to them, or do any act that would harm its value or tourism importance.
The ministry must also coordinate with the Ministry of Interior and relevant authorities to set up a mechanism to ensure the protection of tourist destinations and components and prevent infringement upon them, while the government agencies concerned with planning, when planning cities, villages and state-owned projects, must take into account the preservation of tourist destinations and components, and coordinate with the ministry before approving any projects or setting up Any schemes that would affect those destinations or tourist potentials, whether temporarily or permanently.
Article 8 called on the Minister of Tourism to issue rules for investing in tourist destinations and the necessary facilities for them in coordination with the competent authorities, without prejudice to the relevant laws and regulations.
The ninth article granted the minister the right to establish a comprehensive service center or an electronic platform to provide the necessary services in the tourism sector, tourists and service providers of tourism activities, or to link with other electronic centers or platforms affiliated with government agencies, taking into account the non-duplication of roles.
Create a database
The same article also called on the ministry to establish an information database that aims to provide data, statistics and information on all aspects of the sector in the Kingdom in accordance with the leading international practices in the field, and to provide the necessary information for the sector’s dealers, including investors and associations related to the tourism field and the service provider of tourism activities, tourists and others. Provided that the data is updated regularly in coordination with the relevant authorities and published on the website of the Ministry, in accordance with what is specified by the regulation.
Government agencies and institutions working in the tourism sector must, without prejudice to the laws and regulations, provide the Ministry with any information or documents they have that the Ministry considers important to provide the necessary information for the tourism sector.
The tenth article indicated that in cases in which the Ministry - after coordination with the competent authorities, appears that the tourist facility poses an imminent danger to health or public safety, it may take the necessary precautionary measures and measures, including closing the tourist facility, and if it is a hospitality facility, it is immediately evacuated and alternative accommodation is provided. For all inmates who reside in it regularly, provided that the regulations specify the necessary controls for this.
The twelfth article required the ministry to issue tourist visa permits according to agreed controls between it and the ministries of interior and foreign affairs. The regulation clarifies the procedures and mechanisms for issuing tourist visas permits.
Control of violations
The thirteenth article indicated that inspectors to be identified by a decision of the Minister shall undertake to control and investigate violations of the provisions of the Law and Regulations, and to verify that the conditions and controls of tourism activities are fulfilled. They request it, while if it becomes clear to them that violations have occurred, they must seize it and refer it to the committee that is established by a decision of the Minister.
It is also prohibited to prevent the inspectors from performing their stipulated tasks, and the owners and workers of establishments must cooperate with them and provide them with facilities.
Article Fourteen permitted the assistance, when needed, of specialized companies or technical bodies to carry out some of the tasks entrusted to the Ministry under the system in accordance with controls determined by the regulation, without prejudice to the basic tasks assigned to it under the provisions of this system.
Article 15 confirmed that one or more committees should be formed by a decision of the minister, with no less than three members, one of whom is specialized in the regulations, to look into violations of the system, and impose the penalties stipulated in the system, with the exception of immediate fines stipulated in the system, and the regulation determines the mechanism of the committee’s work. While the Minister determines the remuneration of its members by a decision from him.
Penalties for violations
Article Sixteen defines penalties for violating the provisions of the regulations, as it indicated that without prejudice to any severer penalty stipulated by the system, and without prejudice to the right of the aggrieved party to be compensated for the damage he sustained as a result of violating the provisions of the system, anyone who violates the provisions of the system or the regulations shall be punished with one or more penalties. The specific conditions that include warning, closing the tourist facility or part of it temporarily or permanently, reducing the classification, suspending the license for a period not exceeding one year, canceling the license, and imposing a fine not exceeding one million riyals.
The second item of the article granted the competent committee composed of the minister to look into violations to impose a fine for each day that the violator continues to commit his violation after being notified of a decision by the competent committee in this regard, provided that the calculation of this fine begins from the date specified by the decision of the competent committee, in addition to doubling The penalty imposed on the violator in the event of a repetition of the violation does not exceed its maximum, while the violation is considered a repetition if it occurs within a year from the date of the previous violation.
Defamation of the offender
While the third clause of the article referred to the inclusion of the decision to determine the penalty, the text of its text at the expense of the violator in a newspaper issued in his place of residence, or the nearest area if there is no newspaper issued in an area, or publishing the violation in any other appropriate means; This is according to the type and severity of the violation committed, and its impact, provided that the publication of the decision after it has been fortified by the lapse of the legally specified period or by the issuance of a ruling in its regard is final.
The article also demanded that it be included in the text of the decision to determine the penalty obligating the violator to remove the violation, rehabilitate the result of the harmful act, pay compensation for the damage, return the sums obtained by their owners, if any, and transfer those amounts and gains obtained to the state’s public treasury. Penalties are determined according to the size of each violation separately, taking into account the nature of the committed violation, its step in each case, and the aggravating and mitigating circumstances.
The article noted that the minister issued a table showing the classification of violations and the corresponding penalties, their amounts and duration, provided that the gradual punishment was taken into account, with the inclusion of the violations in the table whose fines do not exceed 10,000 riyals and which are issued immediately by the competent inspector when seized.
It is also permissible to appeal against decisions issued by the Ministry before the Administrative Court within 60 days from the date of notification of the decision.