The State Law and Order Restoration
Council The Myanmar Hotel and Tourism
Law
(The State Law and Order Restoration Council Law
No. 14/93)
The 8th Waxing Day of Thadinkyut, 1355 M.E.
(23rd October, 1993)
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 Hotel and Tourism Law,
2. The following
expressions contained in this Laws shall have the
meanings given hereunder:-
(a) Hotel Business means an economic enterprise which
has the number of rooms and is of the standard stipulated
for accommodation of tourists and which provides food,
beverage and other services. This expression includes
motel business and inn business;
(b) Lodging-House Business means an economic enterprise
which provides only accommodation for foreign tourists
or for both domestic and foreign tourists;
(c) Tourism Industry includes a tour operator business,
travel agency business, tourist transport business and
tour guide business which are economic enterprises which
provide for tourism of foreign tourists;
(d) Foreign Tourist means international tourists and
foreign visitors;
(e) Hotel and Tourism Industry means hotel business,
lodging-house business and tourism industry;
(f) Licence means a permit issued by the Directorate
to operate any hotel and tourism industry;
(g) Ministry means the Ministry of Hotels and Tourism;
(h) Minister means the Minister of the Ministry of Hotels
and Tourism;
(i) Directorate means the Directorate of Hotels and Tourism;
(j) inspectorate means a body formed by the Directorate
in order to inspect hotel and tourism industry.
Chapter II
Objectives
3. The objectives
of this Law are as follows:
(a) to cause a systematic development of the hotel and
tourism industry;
(b) to enable tourists to observe Myanmar cultural heritage
and natural scenic beauty;
(c) to prevent destruction and damage of Myanmar cultural
heritage and natural scenic beauty, due to the hotel and
tourism industry;
(d) to contribute to international friendship and understanding
through the hotel and tourism industry;
(e) to develop technical knowledge relating to hotel
and tourism industry and to open up more employment opportunities;
(f) to provide security and satisfaction of tourists.
Chapter III
Formation of the Hotel and Tourism Board of Authority
and Functions and Duties thereof
4. The Government
-
(a) shall form the Hotel Tourism Board of Authority consisting
of the following persons:
(i) Minister Chairman
(ii) representatives from the relevant Government Member
Departments and Organization
(iii) a person assigned responsibility
by the Chairman Secretary
(b) may determine the Deputy Chairman and Joint Secretary
of the Hotel and Tourism Board of Authority, if necessary;
(c) may alter the formation of the Hotel and Tourism
Board of Authority.
5. The functions
and duties of the Hotel and Tourism Board of Authority
as follows:
(a) laying down the policies relating to hotel and tourism
industry in accordance with the objectives of this Law;
(b) giving guidance in respect of the systematic development
of the hotel and tourism industry;
(c) giving guidance in respect of international relations
relating to hotel and tourism industry;
(d) giving guidance for improving the quality and raising
the standard of hotel and tourism industry and for systematic
dissemination of technical knowledge relating thereto,
Chapter IV
Functions and Duties of the Ministry
6. The functions
and duties of the Ministry are as follows: -
(a) supervising the performance of functions of the Directorate
in accordance with the objectives of this Law;
(b) implementing the systematic development of hotel
and tourism industry;
(c) communicating with foreign countries, international
organizations, and other organizations and persons in
respect of the hotel and tourism industry;
(d) holding discussions, seminars and exhibitions for
improving the quality and raising the standard of hotel
and tourism industry and for the systematic dissemination
of technical relating thereto;
(e) permitting, causing alterations to be made or refusing
a project proposal applied for in order to obtain prior
permission by a person desirous of operating a hotel business
or a lodging-hose business;
(f) determining the type, classification or business
requirements for each hotel business or lodging house
business;
(g) determining the type and business requirements of
a tourism industry;
(h) laying down the required arrangements and measures
for arousing keener interest of foreign tourists in facts
about Myanmar and to enhance their desires to visit and
observe Myanmar;
(i) determining hotel and tourism zones;
(j) co-ordinating with the relevant Government Departments
and Organizations to facilitate obtainment of entry visas
and extension of tenure of the same for foreign tourists:
(k) co-ordinating with the relevant Government Departments
and Organizations and forming Hotel and Tourism Industry
Supervisory Bodies in the States, Divisions, Districts
and Townships as may be necessary and determining the
functions and duties thereof;
(l) determining the licence fee, licence renewal fee,
licence fine and duties and taxes relating to hotel and
tourism industry;
(m) submitting to the Government form time to time progress
of the activities relating to hotel and tourism industry.
Chapter V
Functions and Duties of the Directorate
7. The functions
and duties of the Directorate are as follows: -
(a) carrying out in accordance with the policies and
guidance laid down by the Hotel and Tourism Board of Authority
and the Ministry:
(b) forming Licence Scrutiny Bodies in order to scrutinize
cases of applications for licence and determining the
functions and duties thereof;
(c) issuing licence, refusing to issue licence; revoking
the licence subject to a time limit or cancelling the
licence;
(d) stipulating conditions relating to the licence;
(e) providing training and conducting courses to improve
the quality and to raise the standard of hotel and tourism
industry and to disseminate systematically technical knowledge
relating thereto;
(f) forming Inspectorates to enable inspection of the
hotel and tourism industry and determining the functions
and duties thereof;
(g) supervising all activities of the hotel and tourism
industry;
(h) giving decision in a case submitted by a licence-holder
who is dissatisfied with the activity in an official capacity
of the Hotel and Tourism Industry Supervisory Body or
an Inspectorate;
(i) recovering duties and taxes due under this Law from
a defaulter in the manner prescribed.
Chapter VI
Application for Prior Permission
8. A Government
Department, Government Organization, an organization
in joint-venture with the Government, Municipality,
Co-operative Society, other organization or person
desirous of operating a hotel business or lodging-house
business shall, before commencing implementation
of the project-proposal apply for prior permission
to the Ministry in the manner prescribed.
9. A Government
Department, Government Organization, an organization
in joint-venture with the Government, Municipality,
Co-operative Society, other organization which,
or person who, with the intention of operating a
hotel business or lodging-house is in the process
of constructing or renovating a building on the
day this Law is enacted shall submit the project
proposal within the stipulated period to the Ministry
and apply for permission.
10. A Government
Department, Government Organization, an organization
in joint-venture with the Government, Municipality,
Co-operative Society, other organization which,
or person who had been operating a hotel business
or lodging-house business before the enactment of
this Law shall be exempted from applying to the
Ministry for prior permission.
11. The Ministry
-
(a) shall, in respect of an application
by a person desirous of operating a hotel business or a
hotel business or lodging-house business under or section
8 scrutinize, based on the following facts: -
(i) whether or not it is in conformity with the objectives
of this Law;
(ii) whether or not it is contributory to future projects;
(iii) whether or not it is proportionate to the capacity
of service of the area where the business is to be operated.
(b) may permit, cause to be altered or refuse the project
proposal after scrutiny under sub-section (a)
(c) cancellation of the licence;
(d) surrender of the licence by the licence-holder.
12. A person who
has obtained the permission of the Ministry under
section 11 shall apply to the Directorate in the
manner prescribed for a in respect of the hotel
business or lodging-house business which he desire
to operate.
13. Notwithstanding
anything contained in any existing law relating
to a lodging-house business a person desirous of
operating a lodging-house business for foreign tourists
or for both domestic and foreign tourists shall
apply for a licence only under this Law.
14. A Government
Department, Government Organization, and organization
in joint-venture with the Government, Municipality,
Co-operative Society, other organization which,
or person who had been operating a hotel business
or lodging-house business before the enactment of
this Law, and which had not obtained a licence under
the Myanmar Tourism Law for such business shall
apply to the Directorate for a licence in the manner
prescribed.
15. A person desirous
of operating any tourism industry shall apply to
the Directorate for a licence in the manner prescribed.
16. The Directorate
shall, in respect of an application for a licence
for any hotel and tourism industry scrutinize as
to whether or not it is in conformity with the business
requirements prescribed and
(a) issue a licence if it is in conformity;
(b) refuse to issue a licence if it is not in conformity.
Chapter VII
Duties of a Licence-holder
17. A Licence-holder
-
(a) shall operate only the business permitted in the
licence;
(b) shall pay the licence fee and the duties and taxes
relating to the hotel and tourism industry in Myanmar
currency or in foreign currency in the manner prescribed;
(c) shall abide by the conditions of the licence;
(d) shall allow inspection by the Hotel and Tourism Industry
Supervisory Body and the Inspectorate;
(e) shall send the accounts and records prescribed by
the Directorate in the manner prescribed;
(f) shall, where the tenure of the licence has expired
and if there is the desire to continue to operate the
business apply for extension of the tenure of the licence
in the manner prescribed;
(g) shall abide by the orders and directives issued from
time to time by the Ministry or the Directorate;
18. (a) If there
is a change of manager assigned responsibility by
him, the licence holder shall inform the Directorate
in writing of any such change;
(b) If there is a change of address of the place of business,
the licence-holder or the manager assigned responsibility
by him shall inform the Directorate in writing of any
such change;
(c) If the licence-holder dies before the expiry of the
tenure of the licence, his legal representative shall
apply to the Directorate in the manner prescribed.
Chapter VIII
Revocation, Cancellation and Invalidation of Licence
19. If the licence-holder
or a manager who has been assigned responsibility
the licence-holder commits any of the following
acts, the Directorate may revoke the licence, subject
to a time limit or cancel the licence :-
(a) violation of any condition of the licence;
(b) transferring the business without the permission
of the Directorate;
(c) sale of the licence.
20. The licence
is invalidated when any of the following events
occur:-
(a) expiry of the tenure of the licence;
(b) revocation of the licence, subject to a time limit;
(c) cancellation of the licence;
(d) surrender of the licence by the licence-holder
Chapter IX
Appeals
21. Any person
who is dissatisfied with the order or decision passed
by the Directorate in respect of the licence may
file an appeal to the Minister within 60 days from
the date of passing such order or decision.
22. The decision
of the Minister shall be final.
Chapter X
Prohibitions
23. No one shall
operate any hotel and tourism industry without a
licence issued under sub-section (a) of section
16
24. A licence-holder
shall not transfer the business without the permission
of the Directorate, or sell the licence.
25. A licence-holder
or a manager who has been assigned responsibility
by the licence-holder -
(a) shall not violate any condition of the licence;
(b) shall not violate any duty contained in the provision
of section 18;
(c) shall not violate any prohibition contained in an
order or directive issued by the Ministry or the Directorate.
Chapter XI
Offences and Penalties
26. (a) Whoever
violates the provision of section 23 shall, on conviction
be punished with imprisonment for a term which may
extend to 3 years or with fine which may extend
to kyats 50000 or with both.
(b) If a person who has been convicted
under sub-section (a) continues to violate the provision
of section 23, he shall be punished with a fine of kyats
5000 for each day of the period during which the violation
continues.
27. If a licence-holder
violates any provision of section 24 he shall on
conviction by punished with fine which may extend
to kyats 50000.
28. If a licence-holder
or a manager who has been assigned responsibility
by the licence-holder violates any provision of
section 25, he shall, on conviction be punished
with fine which may extend to kyats 5000.
Chapter XII
Miscellaneous
29. A licence
which had been issued for any tourism industry under
the Myanmar Tourism Law and the tenure of which
has not expired shall be valid only till the date
on which the tenure of such licence expires.
30. Procedures,
orders and directives issued under the Myanmar Tourism
Law which is repeated by this Law may continue to
be applicable in so far as they are not inconsistent
with this Law.
31. For the purpose
of carrying out the provisions of this Law -
(a) the Ministry may, with the approval of the Government
issue such rules and procedures as may be necessary;
(b) the Ministry or the Directorate may issue such orders,
notifications and directives as may be necessary.
32. The Myanmar
Tourism Law (Law No. 13/90) is hereby repealed.
Sd./ Than Shwe
Senior General
Chairman
The State Law and Order Restoration Council
Bangkok
Office :
Burma
Lawyers' Council
P.O. Box 29, Hua Mark Post
Office, 10243, Bangkok Thailand,
E- Mail : blcsan@ksc.th.com
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