Tourism Law Procedures

Ministry of Hotels and Tourism

The Government of the Union of Myanmar
Ministry of Trade

Notification No.36/90
Yangon, Dated 31st December, 1990

In exercise of the powers conferred under sub-section (a) of section 36 of the Myanmar Tourism Law, the Ministry of Trade with the approval of the government prescribes the following procedures:

CHAPTER I

Title and Definition

1. These procedures shall be called procedures relating to the Myanmar Tourism Law.

2. The expressions contained in these procedures shall have the same mean3ngs as are assigned to them in the Myanmar Tourism Law. In addition, the following expressions shall have the meanings given hereunder:-

Law means the Myanmar Tourism Law;
The Minister means the Minister of the Ministry which is responsible for the Directorate;
Domestic Tourist means a person residing in Myanmar travelling from his place of residence to another place with in Myanmar;
International Tourist means a person travelling from his country of residence to another country for a visit. This expression also includes persons defined as international tourists by the World Tourism Organization from time to time;
Foreign Visitor means a foreigner who makes a temporary Visit to Myanmar for any purpose. This expression also includes a foreigner who resides temporarily in Myanmar;
Tour means a journey from one place to another for a Visit. This expression also includes the followings :-

Domestic Tour taken by tourists with in Myanmar;

Inbound Tour taken by international tourists to Myanmar;

Outbound Tour taken by tourists to any place outside Myanmar;

Tour Operator Business means producing and marketing of tour products and providing tour services;
Travel Agency Business means selling tours, conducting regional tour services and arranging travel services as an agent;
Tour Service means meeting and transfer, arranging for accommodation, transportation, sight-seeing, acting as an interpreter and arranging meals, entertainment or recreation and similar services for tourists;
Travel Service means selling travel tickets, arranging travel documents such as passport, visas, arranging accommodation at hotel or lodging-house and providing similar services thereof;
Guest means a person staying in a hotel or lodging-house or a person taking any one of the related services of tourism industry;
Director General means the Director General of the Directorate as prescribed in sub-section (i) of section 2 of the Law;:
Regional Branch Office means offices of the Directorate in States/Divisions or Township Zones or Townships.

CHAPTER II

Tourist Enterprise

3. A person desirous of carrying on tour operator business or travel agency business or both shall apply for a license in the prescribed form directly to the Directorate or through a regional branch office

4. Any person applying for a license to carry on tourist enterprise shall have the following requirements:-

registered in accordance with the Myanmar Companies Act if it is a limited company or joint-venture;
an office to carry on the business;
sufficient financial means to set up the business;
a sufficient number of skilled labour.

5. The license-holder of tourist enterprise shall abide by the following terms:--

selling of tours and services shall be in accordance with the basic principles under section 3 of the Law;
terms and conditions of tours and services shall be published together with the tour tariff;
license shall be displayed in a conspicuous manner within the place of business;
shall notify in writing within 14 days to the Directorate or regional branch office on changes of the proprietor or manager or location of office within the limit of municipality;
shall apply for a permission in writing to the Directorate or regional branch office if the place of business is to be moved outside the limit of municipality or if the branch office of business is to be extended;
tariff shall be published together with the tour programmes and services offered by the enterprise;
when any advertisement is published under paragraph (f) it shall not contain either false or misleading statement in one way or another;
when advertisement is published under paragraph (f) the name of enterprise and its place of business as contained in the license shall be fully mentioned;
shall publish conditions to be mutually observed by the license-holder and guest;
shall employ or engage only the services of licensed tour guides and vehicles for the business;
shall provide accommodation for the tourists and foreign visitors only it the licensed hotels and lodging-houses;
shall submit the statement of account, records and returns to the Directorate or regional branch office as prescribed;
shall abide by the conditions and directives prescribed and issued by the Directorate from time to time.

CHAPTER III

Hotel and Lodging-house Business

6. A person desirous of operating a hotel or lodging house business shall apply for a license in the prescribed form directly to the Directorate or through a regional branch office.

7. The Directorate shall prescribe the types and classifications of hotel and lodging-house.

8. Any person applying for a license to operate a hotel or lodging-house shall have the following requirements:

license issued by the township municipal concerned if it is a lodging-house;
registered in accordance with the Myanmar Companies Act if it is a limited company or joint-venture;
minimum requirements for a hotel or lodging-house, as prescribed by the Directorate shall be fulfilled;
certificate for the standard of health and hygiene for the hotel or lodging-house by the Department concerned;
sufficient financial means to establish the business;
a sufficient number of skilled labour

9. The licence-holder of hotel or lodging-house business shall abide by the following terms.

services provided by the hotel or lodging-house business shall be in accordance with the basic principles under section 3 of the Law;
shall publish terms and conditions together with the price-list of food and services offered by the hotel or lodging-house;
the hotel or lodging-house shall be fully equipped with the terms as prescribed by the Directorate;
the licence shall be displayed at the reception counter or at a conspicuous place in the hotel or lodging-house;
shall notify in writing within i4 days to the Directorate or regional branch office if there is change of the proprietor or manager of hotel or lodging-house;
shall apply for permission in writing to the Directorate or regional branch office if the type and classification of hotel or lodging-house is to be changed;
shall publish the price-list of food arid services offered by hotel or lodging-house in a conspicuous manner;
in complying with under sub-paragraph (g) the name and place of its business contained in the licence shall be fully mentioned;
i0n complying with under sub-paragraph (g) it shall not contain either false or misleading statements in one way or another;
shall publish conditions to be mutually observed by licence-holder and guest;
the conditions to be observed by the guests shall be displayed at a conspicuous place;
shall employ or engage only the services of liceneed tourist enterprise, tour guides and vehicles;
shall submit the statement of account, records and returns to the Directorate or regional branch office as prescribed;
shall provide medical care as well as arrange for medical check-ups for the employees of hotel or lodging-house;
shall abide by the existing laws, regulations and bye-law in respect of the social security and welfare of the employees of hotel or lodging-house;
shall make a complete and correct entry of guests register and form;
shall abide by the conditions and directives issued by the Directorate and regional branch office from time to time.

CHAPTER IV

Tourist Transport Business

10. A person desirous of operating a tourist transport business by motor vehicle, water craft or both shall apply for a licence in the prescribed form directly to the Directorate or through a regional branch office.

11. Any person applying for a license to carry on tourist transport business shall have the following requirements:-

registered in accordance with the Mynamar Companies Act if it is a limited company or joint-venture;
motor vehicles or water craft shall conform to the standard and conditions perscribed by the directorate.

12. The licence-holder of tourist transport business shall abide by the following terms:-

provision of services by the tourist business shall be in accordance with principles under section 3 of the Law;
transport engaged enterprise service for the tourist shall be either through licenced tourist or hotel or lodging-house;
shall use only licenced motor vehicles or water craft;
sticker in respect of licence shall be displayed at a conspicuous place in a motor vehicle or in a water craft;
lates for hire shall be displayed at a conspicuous place;
shall notify in writing within 14 days to the Directorate or regional branch office if there is any change of the proprietor or manager;
shall apply for a permission in writing to the Directorate or regional branch office if there is a change of address of its place of business or establishment of any other place of business outside the limit of municipality;
licenced motor vehicle or water craft shall not carry the passengers more than the number as prescribed by Department of Road Transport Administration and Department of Marine Administration;
shall submit the statement of account, records and returns as perscribed to the Directorate or regional branch office;
shall abide by the conditions and directives prescribed and issued by the Directorate and regional branch office from time to time.

CHAPTER V

Tour Guide Business

13. A person desirous of carrying on tour guide business shall apply for a licence in the prescribed form directly to the Directorate or through a regional branch office.

14. Any person applying for a tour guide licence shall have one of the following requirements:

who has attended and passed the tour guide training conducted by Myanmar Hotels and Tourism Services;
a person who is assessed by Myanmar Hotels and Tourism Services as qualified to attend tour guide training;
a person who has attended and passed a similar training course recognised by the Directorate.

15. The licence-holder under sub-paragraph (b) of paragraph 14 shall attend the tour guide training conducted by Myanmar Hotels and Tourism Services as and when prescribed by the Directorate.

16. The licence-holder of tour guide business shall abide by the following terms:-

services of tour guide business shall be conducted in accordance with the basic principles under section 3 of the Law;
shall early out the tour service engaged by the licenced tourist enterprise or hotel or lodging-house;
shall abide by the code of conduct for tour guide prescribed by the Directorate in relation to the tour services;
shall conduct a tour according to the tour programme;
shall conduct sight-seeing touts only within the area and sites permitted;
shall wear a badge and identity card relating to licence-holder in the course of service;
shall notify in writing within 14 days to the Directorate or regional branch office if there is any change of the address of residence or the place to contact;
shall abide by the conditions and directives issued by the Directorate and regional branch office from time to time.

CHAPTER VI

Application and Issue of Licence

17. A person desirous of operating any one of the following businesses of Tourism industry shall apply for a licence in the prescribed form directly to the Directorate or through a regional branch office.

Type of Business Application Form

(a) Tourist Enterprise                                   Form (i)

(b) Hotel and Lodging-house Business           Form (2)

(c) Tourist Transport Business                   Form (3)

(d) Tour Guide Business                           Form (4)

18. After satisfactory scrutiny of application submitted under paragraph 17 as prescribed by the Directorate shall issue the licence with Form (5).

19. The conditions to be mentioned in the licence shall be prescribed by the Directorate, These conditions shall be stipulated in the licence.

20. The tenure of licence and licence fee shall be as prescribed by the Directorate.

21. The licence-holder shall apply for the renewal of licence if he wishes to continue the business 6o days prior to the date of expiry with Form (6) to the Directorate.

22. The Directorate shall, after satisfactory scrutiny of

the application submitted under paragraph 21, issue a new licence if it is in conformity with the terms prescribed by the Directorate and when the prescribed licence fee has been paid.

23. The Director General may after scrutiny issue the duplicate copy of the licence in the case of missing or damage upon the application and the receipt of fine by the licence-holder.

24. The Director General shall inform in writing to the person concerned in connection with the refusal, suspension, revocation and cancellation of licence with effective date and reasons under sub-section (g) of section 13 of the Law.

25. Licence fee, licence renewal fee and other taxes shall be paid to the bank concerned under the account head as prescribed by the Directorate.

CHAPTER VII

Financial Matters

26. The licence-holder shall keep true and correct accouts relating to his business.

27. The licence-holder shall open a foreign currency account and a kyat account with the bank concerned.

28. Licenced tourist enterprise or hotel or lodging-house business shall obtain Money Changer licence beforehand in respect of purchasing foreign currency, encashment, holding and remitting foreign currency to the bank concerned in accordance with the existing laws, rules and directives issued by the Central Bank of Myanmar from time to time.

CHAPTER VIII

Inspection and Taking of Action

29. An inspector or an inspection team formed by the Directorate may inspect the business of tourism industry.

30. An inspector or an inspection team:-

shall inspect whether or not a licence-holder has complied with the provisions prescribed by the Law and conditions in respect of his business as prescribed by the Directorate;
on inspection made under sub-paragraph (a), whoever is found guilty of violating any of the provisions of Law or any conditions prescribed by the Directorate or any of the prescribed terms, it shall be submitted to the Director General. If necessary, measures shall be taken to prosecute the offender in accordance with the Law.

31. The licence-holder or manager shall submit to inspection without delay for one of the businesses of tourism industry by all inspector or inspection team under section i6 of the Law.

CHAPTER IX

Appeals

32. An appeal shall he submitted under section 20 of the Law together with grounds of appeal and a true copy of such order or decision made by the Directorate.

33. The Ministry shall inform in writing to the person concerned the decision under section 21 of the Law.

CHAPTER X

Miscellaneous

34. The licence-holder shall carry out only the type of business and services as contained in the licence.

The Directorate may prescribe the coupon system in relation to the tourism industry

36. Prosecution of an offence shall be made under the Criminal Procedure Code if there is no provision for the purpose in the procedures relating to Myanmar Tourism Law.

Sd./Brig-Gen. Abel Minister
Government it of the Union of Myanmar
Ministry of Trade