LAW 1558 OF 2012
By which Law 300 of 1996 - General Law of Tourism, Law 1101 of 2006 is modified and other dispositions are dictated.
THE CONGRESS OF COLOMBIA
Object, importance and principles of tourism activity
Article 1. Object. The purpose of this law is the promotion, development, promotion, competitiveness of the sector and the regulation of tourism activity, through the necessary mechanisms for the creation, conservation, protection and exploitation of national tourist resources and attractions. safeguarding sustainable and sustainable development and quality optimization, establishing mechanisms for participation and consensus of the public and private sectors in the activity.
Article 2 Amend article 1 of Law 300 of 1996, which will read as follows:
"Article 1. Importance of the tourism industry Tourism is an essential industry for the development of the country and especially of the different territorial entities and fulfills a social function As an industry that is, the rates applicable to providers of tourist services in tax matters, will be those that correspond to the industrial or commercial activity if it is more favorable.
The State will give special protection because of its importance for national development.
Article 3. Amend article 2 of Law 300 of 1996, which will have 4 new principles and will remain as follows:
"Article 2. Principles The following are guiding principles of tourism activity:
1. Agreement. By virtue of which the decisions and activities of the sector will be socialized in agreements to assume responsibilities, efforts and resources among the different agents committed, both from the state sector and from the national and international private sector for the achievement of common objectives that benefit tourism.
The communities are a part and subject of consultation in decision-making processes in circumstances that merit it, for this we will go to free and informed prior consent as a legal instrument adjusted to the international framework of the United Nations.
2. Coordination. By virtue of which the public entities that make up the tourism sector will act in a coordinated manner in the exercise of their functions.
3. Decentralization. By virtue of which the tourist activity is the responsibility of the different levels of the State in their areas of competence.
4. Planning. Under which tourism activities will be developed according to the tourism sector plan, which will be part of the national development plan.
5. Freedom of company. By virtue of which, and in accordance with what is established in article 333 of the Political Constitution, tourism is an industry of services of free private initiative, free access and free competition, subject to the requirements established in the law and in its norms Regulatory The tourism authorities at the national and territorial levels will preserve the free market, open and fair competition, as well as freedom of enterprise within a regulatory framework of suitability, responsibility and balanced relationship with users.
6. Promotion. By virtue of which the State will protect and give priority to the integral development of tourism, recreational activities and, in general, everything related to this activity throughout the national territory.
7. Facilitation. By virtue of which the different organisms related directly or indirectly with the tourist activity, will simplify and smooth the procedures and processes that the superior council of tourism identifies as obstacles for the development of tourism.
8. Social, economic and cultural development. Tourism according to article 52 of the Political Constitution, is a social and economic right of the people given its contribution to the integral development in the use of free time and in the revaluation of the cultural identity of the communities.
9. Sustainable development. Tourism is developed in harmony with natural and cultural resources in order to guarantee its benefits to future generations. The determination of the load capacity is a fundamental element of the application of this principle. Sustainable development is applied in three basic axes: environment, society and economy.
10. Quality By virtue of which, it is a priority to optimize the quality of destinations and tourist services in all its areas, in order to increase the competitiveness of the destination and meet national and international demand.
11. Competitiveness By virtue of which, the development of tourism requires propitiating the necessary conditions for the continuous improvement of the tourist industry, so that by increasing the demand it generates wealth and encourages the investment of national and foreign capital.
12. Accessibility. By virtue of which, it is the duty of the tourism sector to comply with Article 13 of the Political Constitution, the elimination of barriers that prevent the use and enjoyment of tourism activity by all sectors of society, encouraging the equalization of opportunities.
13. Consumer protection. With a view to the full development of tourism, the consumer will be subject to specific protection by public and private entities. "
Article 4 Amend article 26 of Law 300 of 1996 which will read as follows:
"Article 26. Definitions:
1. Tourism. Set of activities carried out by people -tourists- during their trips and stays in places different from their usual environment, with purposes such as leisure, culture, health, events, conventions or business.
According to the displacement of travelers, tourism can be:
a) Issuing tourism. The one made by nationals abroad.
b) Domestic tourism. The one made by the residents in the economic territory of the country.
c) Receptive tourism. The one performed by non-residents, in the economic territory of the country.
d) Hiker Tourists are defined as non-residents who, without staying overnight, enter the country for a purpose other than transit.
2. Tourist. Anyone who travels to a place different from their habitual residence, staying at least one night in the place they visit and whose main reason for traveling is leisure, rest, occupation of free time, pilgrimages, health, or other different from an activity at the destination.
Cruise passengers and Colombians living abroad visiting Colombia are also considered international tourists.
3. Load capacity. It is the maximum number of people for tourism that an area can support, ensuring maximum satisfaction to visitors and a minimal impact on natural and cultural resources.
This notion implies the existence of limits to the use, determined by environmental, social and management factors defined by the environmental authority.
Article 5 Tourist quality The technical standards of quality issued by the Sectoral Standardization units established in article 69 of Law 300 of 1996 related to the activities of the so-called adventure tourism and with tourism sustainability, will be of obligatory compliance on the part of the providers of tourist services , in accordance with the regulations issued by the Ministry of Commerce, Industry and Tourism.
Article 6 Medal for tourist merit. Create the Medal of Tourist Merit, which will aim to recognize special services and distinguished, provided to tourism over time, by natural or legal persons, granted by the Ministry of Commerce, Industry and Tourism, in accordance with the rules that for it to establish.
ORGANIZATION OF THE TOURIST SECTOR
From the Superior Council of Tourism
Article 7 Superior Council of Tourism. The Superior Council of Tourism is created, under the direction of the Ministry of Commerce, Industry and Tourism, as the coordination body among state entities with the purpose of harmonizing the exercise of its competencies with the tourism policy dictated by said Ministry, which will be integrated A) Yes:
1. The Minister of Commerce, Industry and Tourism.
2. The Minister of the Interior.
3. The Minister of Foreign Affairs.
4. The Minister of Environment and Sustainable Development.
5. The Minister of Transport.
6. The Minister of Culture.
7. The Vice Minister of Tourism.
8. The Director of the Special Administrative Unit of Civil Aeronautics.
9. The Director of the Special Migration Unit Colombia.
10. The Director of the Special Administrative Unit of National Parks.
11. The Director General of the National Police.
12. The Director General of SENA.
13. The Minister of Information and Communication Technologies or his delegate.
Paragraph 1 °. The Ministers may only delegate their participation in the Vice Ministers. The Council will be chaired by the Minister of Commerce, Industry and Tourism and in his absence by the Vice Minister of Tourism.
Paragraph 2 °. The Council will dictate its own regulation.
From the Tourism Industry Advisory Board
Article 8 From the Consultative Board of the Tourist Industry. The Consultative Council of the Tourism Industry is created as a consultative and advisory body to the Government in the field of tourism, which will be composed of:
1. The Minister of Commerce, Industry and Tourism.
2. The Vice Minister of Tourism.
3. The President of “Proexport”, who may delegate to the Vice President of Tourism.
4. The Director of the National Tourism Fund.
5. The Presidents of the national associations of the sector, one for each type of tourist provider, the one with the largest number of members.
6. A representative of the faculties of Tourist Administration or similar, of the institutions of Higher Education, which will be elected among its members by the national committee of training and tourism training.
Article 9. Functions of the Tourist Industry Advisory Board. The functions of the Consultative Council of the Tourist Industry are:
1. Advise the Ministry of Commerce, Industry and Tourism in the conception, definition and formulation of policies, programs and projects for the development and competitiveness of tourism.
2. Promote agreements of International Economic or Technical Cooperation in favor of tourism and recommend the pertinent steps to obtain it.
3. Recommend mechanisms that seek an effective and permanent coordination between the public sector and the private sector in favor of the development and competitiveness of tourism.
4. Analyze the national and international performance of the tourism sector; conduct monitoring, evaluation and impact analysis of government policies, programs and projects related to tourism, and present recommendations for the development and projection of the sector.
5. Encourage the establishment, monitoring and evaluation of management indicators related to government policies, programs and projects regarding tourism.
6. Recommend tourism security strategies.
7. Propose candidates for the tourist merit medal.
Paragraph 1 °. The Council will be chaired by the Minister of Trade, Industry and Tourism or in his absence by the Vice Minister of Tourism. The National Government will regulate its operation, including the procedure for the appointment of its members.
Paragraph 2 °. The governors and mayors will encourage the creation of departmental, municipal or district tourism councils, which will fulfill the same functions as the Tourism Advisory Council within the scope of their territorial competences. Said Councils must incorporate at least three representatives of the tourist service providers of the Department, the District or the Municipality, and the others that are established in the mechanism of their creation.
Of the Superior Council of the Microenterprise and of the Small and Medium Company
Article 10. Superior Council of Microenterprise and Small and Medium Enterprises. The entrepreneurs of the tourism sector will be represented in the Superior Council of Microenterprise and in the Superior Council of Small and Medium Enterprises, created
by article 5 of Decree-Law 210 of 2003, by a representative of the unions belonging to the tourism sector.
Of the National Council of Tourist Security
Article 11. National Council for Tourist Security. Conform as a high-level instance from which to consolidate and support programs that are ahead in the field of tourism security, through teamwork and improvement of communication channels between the entities that comprise it. They will be part of this Council:
The Ministry of National Defense.
2. The National Army.
3. The Air Force.
4. The National Police.
5. The National Navy.
6. The Special Administrative Unit of Migration Colombia.
7. The Colombian Red Cross.
8. The Colombian Civil Defense.
9. The Ministry of Commerce, Industry and Tourism.
10. Delegate of the fire department.
The National Government will regulate the conformation and functioning of this Council, as well as the level of its members.
Paragraph. The Departmental Tourism Security Committees are formed, with the representatives of the same institutions that make up the National Council, within the scope of their jurisdiction. The National Government will regulate its operation.
Article 12. Create the Local Committees for the Organization of Beaches, composed of the official designated by each of the following entities: the Ministry of Commerce, Industry and Tourism, General Maritime Directorate –“Dimar”, and the respective district or municipal authority, who will have as a function to establish fringes in the zones of beaches destined to the bath, to the rest, to the recreation, to the sales of consumer goods on the part of the tourists and to the provision of other services related to the activities of use of the time free that the users of the beaches develop.
The National Government will regulate the functioning of these Committees.
OF SOCIAL TOURISM
Article 13. Amend the paragraph of article 32 of Law 300 of 1996, it will read as follows:
"Article 32. Tourism of social interest.
Paragraph. It is understood by persons of limited economic resources those whose monthly family income is equal to or less than two (2) legal monthly minimum wages in force ".
Article 14. Amend article 33 of Law 300 of 1996 shall read as follows:
"Article 33. Promotion of tourism of social interest In order to be more inclusive and to guarantee the right to recreation, to the practice of sport and to take advantage of the free time enshrined in Article 52 of the Political Constitution, the State promote the development of tourism of social interest, for this purpose, the Vice Ministry of Tourism, with the support and in coordination with the agencies and competent entities, will promote the establishment and operation of companies in the social sector, whose purpose is the provision of services accessible to the less favored population, as well as promote the conjunction of efforts to improve the care and development of those places where it may be susceptible to raise their economic level of life, through the tourism industry, for this purpose the tourism sector plan It must contain guidelines and support programs for tourism of social interest.
Paragraph. Entities that develop recreational activities or social tourism, in particular the Family Compensation Funds, will be an integral part of this sector. "
Article 15. Amend article 35 of Law 300 of 1996, it will read as follows:
"Article 35. Elderly persons, pensioners, persons with disabilities, young people and students belonging to strata 1 and 2 and especially those who are enrolled in levels I and II of Sisbén. The National Government will regulate the programs of services and special discounts in tourism subject for the people referred to in this article as long as they belong to strata 1 and 2 and especially to those enrolled in levels I and II of Sisbén.
The National Government will promote the signing of agreements with the providers of tourist services and with the Family Compensation Funds, through which appropriate prices and conditions are determined, as well as packages that make possible the fulfillment of the objectives of this article, in benefit of this population.
FROM CONTRIBUTION TO TOURISM
Article 16. Amend, article 3 of Law 1101 of 2006, which will include 3 new contributors, which will remain as follows:
"Article 3. Contributors of the parafiscal contribution for the promotion of tourism For the purposes of this law, the following are considered contributors:
1. The hotels, resorts and accommodation services provided by social clubs.
2. The dwellings occasionally used for tourist use or tourist housing, and other types of non-permanent lodging, excluding the establishments that provide the accommodation service for hours.
3. Travel and tourism agencies, wholesale agencies and operating agencies.
4. The offices of tourist representations.
5. Companies dedicated to the operation of nature or adventure tourism activities, such as boating, rafting, caving, climbing, paragliding, canopy, diving and water sports in general.
6. The professional operators of congresses, fairs and conventions, except universities and higher education institutions and the media that carry out activities of this nature when their object or theme is related to their mission.
7. Lessors of vehicles for national and international tourism.
8. User operators, developers and industrialists in tourist free zones.
9. Companies that commercialize timeshare and timeshare projects.
10. Tourist bars and restaurants classified as such, according to a resolution issued by the Ministry of Commerce, Industry and Tourism.
11. The therapeutic centers or spas that use therapeutic waters, mineral-medicinal, thermal treatments or other natural physical means.
12. Companies that collect savings for travel and prepaid tourism services.
13. The theme parks.
14. Airport and highway concessionaires.
15. The companies of passenger transport: air and land, except urban transport and the one that operates within metropolitan areas or dormitory cities.
16. Specialized motorized land transport companies, chivas operators and other motor vehicles that provide tourist transport service.
17. The concessionaries of tourist services in national parks that provide services different from those indicated in this article.
18. The convention centers.
19. Travel insurance and travel medical assistance companies.
20. The port, marine or tourist port companies, for the operation of tourist docks.
21. The commercial establishments located in the terrestrial, air and maritime passenger transport terminals.
22. Companies operating timeshare and timeshare projects.
23. The associative companies of networks of multilevel vendors of tourist services.
24. The tourist guides.
Paragraph 1 °. For the tax or fiscal effects of this law, it is considered that the tourist housing services are provided by individuals or legal entities whose activity is to lease or sublease for periods of less than 30 days with or without complementary services, real estate owned by them. or third parties or perform intermediation work between landlords and tenants to lease real estate under the conditions indicated above. It is presumed that who appears leasing in the same municipality or district more than five real estate owned by him or third parties for periods of less than 30 days is a tourist lender.
Paragraph 2 °. In the case of road concessionaires referred to in numeral 14 of this article, the settlement of the contribution will be made based on the collection of rights and fees for the passage of vehicles for public and private passenger transport and in the case of airport concessionaires based on the collection of rights and fees for the use of their services and facilities by aircraft for the transport of passengers and by the passengers themselves.
Paragraph 3 °. The Tourist Guides will pay annually for the concept of parafiscal contribution twenty percent of the legal monthly minimum wage in force in the year of its causation ".
NOTE: Article declared INEXEQUIBLE by the Constitutional Court by means of Sentence C-678 of 2013.
Tax destined to tourism
Article 17. Stamp tax for social investment. Modified by art. 61, Law 1739 of 2014. The National Government may annually allocate the collection of stamp duty created by numeral 2 literal d) last subsection of article 14 of the 2nd Law of 1976, so that through the Ministry of Commerce, Industry and Tourism develop social investment programs through tourism competitiveness projects, for vulnerable communities, which include tourism infrastructure, for which purpose the corresponding budget appropriations must be made.
Article 18. Requirements for incentives. Amend, Article 16 of Law 1101 of 2006, which shall read as follows:
"Article 16. Tax incentives Only tourism service providers duly registered in the National Tourism Registry may be beneficiaries of the tax and tax incentives established in their favor in national, departmental, district or municipal dispositions and that have as their purpose stimulate, support or promote tourism activity The omission of the updating of the National Tourism Registry, as well as the failure to pay the parafiscal tax, will suspend the tax incentive corresponding to the fiscal year in which the omission or non-compliance occurs. .
Article 19. Procedure to access the resources of the National Tourism Investment Program. All tourism infrastructure projects presented by the territorial entities, in order to be considered, must be registered in the bank of tourist infrastructure projects no later than June 30 of each year. The selected projects will integrate the National Tourism Investment Program.
FROM THE NATIONAL TOURISM FUND
From the Steering Committee
Article 20. Modify subparagraph e), include a new subparagraph g), to article 11 of Law 1101 of 2006, which shall read as follows:
"Article 11. Article 46 of Law 300 of 1996 shall remain as follows: Of the Steering Committee of the National Tourism Fund.
The National Tourism Fund will have a Steering Committee composed as follows:
a) The Minister of Commerce, Industry and Tourism who can only delegate to the vice minister of the branch. The representative of the Ministry of Commerce, Industry and Tourism will chair the Committee.
b) The President of Proexport or his delegate.
c) Five (5) representatives of trade associations of contributors.
d) A governor appointed by the National Conference of Governors, elected for only a one-year term.
e) Two mayors elected for only a period of one year, which will be elected according to regulations issued by the National Government.
f) A representative of the ecotourism sector.
The Director of the Colombian Family Welfare Institute will be invited to meetings of the Fund's Steering Committee, whenever the allocation of resources for the implementation of prevention policies and campaigns for the eradication of tourism associated with sexual practices is discussed. minors. The director of civil aeronautics or his delegate may be invited whenever airport infrastructure issues are discussed. Guests will have the right to speak but not to vote at committee meetings.
Paragraph 1 °. The adoption of the decisions of the Steering Committee will require the favorable vote of the Ministry of Commerce, Industry and Tourism.
Paragraph 2 °. The Ministry of Commerce, Industry and Tourism will regulate the procedure for the selection of trade union representatives to the Steering Committee of the National Tourism Fund, guaranteeing the participation of small tourism service providers.
Paragraph 3 °. The directors and representatives of the associations or associations that are part of the Steering Committee of the Tourism Promotion Fund, shall be elected observing the conditions and terms established in article 43 of Law 188 of 1995.
Transitory paragraph. The Directive Committee of the National Tourism Fund referred to in article 46 of Law 300 of 1996, will continue to exercise its functions until the new Committee that deals with this article is integrated, which may not exceed the term of one (1) year. "
Of the resources
Article 21. See Art. 203., Law 1753 of 2015. The resources indicated in article 1 and 8 of Law 1101 of 2006, as well as those assigned in the National Budget for tourism infrastructure, promotion and tourism competitiveness. , and the collection of the Tourism Tax, will be part of the resources of the Tourism Promotion Fund that will henceforth be called the National Tourism Fund (Fontur) and will be constituted as an Autonomous Heritage with legal status and will have as its main function the collection, the administration and execution of its resources.
Paragraph. As part of the tourism infrastructure, chambers of commerce in association with the National Tourism Fund, the Nation, territorial entities, with other public or private entities, or individually, will continue to allocate resources of public or private origin from the development of their activities to the creation and operation of centers of events and conventions and fairgrounds through the holding of events, congresses and fair activities, in order to contribute to the generation of employment and tourism development in their regions.
Article 22. Partially regulated by National Decree 2125 of 2012, Regulated by National Decree 2503 of 2012. Immovable real estate that has been seized or that has been extinguished due to its connection with processes for drug trafficking crimes, illicit enrichment, frontmen and related, and those that were property of the former National Tourism Corporation, today of the Ministry of Commerce, Industry and Tourism, will be managed or disposed of by the National Tourism Fund or the public entity that it hires. For purposes of administration and transfer of assets, the Fund or the administrative entity, will be governed by the rules of private law. The resources of its exploitation will be destined to the administration, maintenance and improvement of these goods and the remainder to what the current laws dispose.
From the project bank
Article 23. Add the numeral 3, include a new numeral 7 and modify the paragraph of article 18 of Law 1101 of 2006:
"Article 18. Bank of tourism projects.
3. For the municipality of categories 4, 5 and 6, co-financing may be up to 80%.
7. 30% of the resources destined for the Tourism Projects Bank in the respective annuity will be allocated in tourism projects in the territorial entities.
Paragraph 1 °. The projects coming from the departments of Guaviare, Vaupés, Putumayo, Amazonas, Vichada, Caquetá, Guainía, the biogeographic Chocó for owning and committing to preserve its rich biodiversity and the sixth category municipalities of San Agustín and Isnos in the department of Huila, Inzá (inland) in the Department of Cauca, and Mompox in the Department of Bolívar, declared historical heritage of humanity by UNESCO, are excluded from co-financing contributions referred to in numerals 2 and 3 of this article.
Article 24. Promotion of tourism studies. The National Government will promote the unification of criteria in the programming of studies of formal and occupational training in the tourism sector and will promote access to continuing education for workers employed in the sector. It will also support tourism training aimed at the acquisition of new knowledge and technologies and the training of trainers.
The National Government will promote the signing of agreements and agreements with universities for the preparation of programs and curricula in tourism.
Article 25. Tourist protection. For purposes of guaranteeing the rights of the consumer of tourist services, the special regulation contained in Law 300 of 1996, and the regulations that modify or regulate it, will apply.
The providers and marketers of air services shall be governed, as appropriate, by the Commercial Code, the special laws on the matter; the aeronautical regulations, Decree 2438 of 2010 and the provisions that modify or regulate them.
Paragraph 1 °. In order to promote agile and efficient solutions to consumers of tourist services, a direct claim stage must first be provided with the service provider and the air transport companies. The Ministry of Commerce, Industry and Tourism will regulate the matter.
Paragraph 2 °. The claims that arise in the development of the provision of air transport service, will be resolved by the aeronautical entity as the only entity competent in the sector. This industry is excluded from the competition determined in Law 1480 of 2011.
NOTE: Article declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-133 of 2014.
Article 26. Amend in its entirety article 94 of Law 300 of 1996 will read as follows:
"Article 94. About the Tourism Guides A tourism guide is considered to be the natural person who provides professional services in the area of tourist guiding or guiding, whose functions towards the tourist, traveler or passenger are to guide, lead, instruct and assist during the execution of the contracted service.
It is known as a professional in the area of script or tourist Guidance in any of its modalities, to the person who is registered in the National Tourism Registry, after obtaining the corresponding professional card as a tourist guide, granted by the entity or organization that the government designate.
To obtain the professional card must be accredited, at least a higher education degree of the technological level as a Tourism Guide, certified by the SENA or by a Higher Education Entity recognized by the National Government.
It may also be recognized as a Tourism Guide, who holds a professional degree in the related areas of knowledge determined by the Ministry of Commerce, Industry and Tourism, and have approved the certification course that SENA designs for that purpose. The latter may only exercise the activity in the field of their specialty.
The State, through the SENA or a Higher Education Entity recognized by the National Government, will promote the development of competencies in bilingualism, to provide tools that allow access in equal conditions and equity to the labor and business offer of the tourism sector.
However, whoever obtains the professional title of tourist guide from the second year of validity of the present law must prove the knowledge of a second language.
The Tourism Guide Professional Card is the only legal document that is issued to identify, protect, authorize and control the holder of the same in the professional practice of script or Tourist Guidance. The National Government will regulate the issuance of the professional card.
The providers of tourist services, as well as the persons or entities in charge of the administration of all the tourist attractions registered in the national tourist inventory, are obliged to observe and enforce that the professional service of script or Tourist Guidance is only provided by Tourism Guides registered in the National Registry of Tourism.
The National Government, in development of the general principles of the tourist industry, after consultation with the different trade associations that legally represent the Tourist Guides, will regulate the profession of script or Tourist Guidance and its exercise ".
Article 27. The Tourism Police will guarantee the permanent presence in airports, ports and transport terminals, of personnel trained in a second language, tourist information and specific knowledge of tourism in the region in which they are providing their services.
Article 28. Amend article 109 of Law 300 of 2006 (Sic), which shall read as follows:
"Article 109. Of tourist metropolitan circles: Municipalities may form Tourist Circles in order to promote and develop tourism in their regions, in accordance with the provisions of Law 1454 of the 2011 Law of Territorial Organization .These Circles may formulate projects to the Project Bank of the National Tourism Fund.
The vehicles of public individual ground public service of Passengers in Vehicles Taxi of passengers that transport tourists within the metropolitan circles will not require pads to transfer them between the municipalities that are part of the corresponding Circle ".
Article 29. The income referred to in Article 42 of Law 1450 of 2011 will be aimed at the direct improvement of the tourism competitiveness of the municipalities. The Ministry of Commerce, Industry and Tourism will issue a preliminary concept on the investments necessary for the conservation and improvement of the “Nemocón” Mine as a tourist attraction.
Article 30. Tourist advertising. The number corresponding to the National Registry of Tourism must be included in all advertising of the tourist services provider. Both providers of tourism services and transport companies in the case of announcing prices, must include all taxes of the country or abroad, fees, charges, surcharges or fees that affect the final price, the currency of payment for the services offered and the applicable exchange rate if the price is indicated in a currency different from the one of legal tender in Colombia. Violation of the provisions of this article will be considered misleading advertising.
Article 31. Exceptions to the prohibition contemplated in subsection 4 of article 10 of Law 1474 of 2011 are public entities and autonomous patrimonies whose function is the tourist and cultural promotion of the country, or the development of national cartography, which may sponsor, contract or make the printing of publications with polychromies for these purposes.
Article 32. Statistics. The National Administrative Department of Statistics (DANE), will keep the register of statistics related to the tourism sector and on a monthly basis will provide the corresponding information, according to the different lines of the activity that by mutual agreement is determined with the Ministry of Commerce, Industry and Tourism, including the so-called satellite account and border tourism.
Paragraph. The information contained in the hotel registration cards will be sent to DANE in order to prepare statistical information on visits by nationals and foreigners, under the terms and conditions stipulated in the regulations issued by the Ministry of Commerce, Industry and Tourism, which must facilitate the technical conditions for compliance. The management of this information by the DANE must be done with due reservation, and consequently, the information contained in the hotel registration cards may not be disclosed to the public but only in numerical summaries, which do not make it possible to deduct them. Any information of an individual nature that could be used for commercial purposes, taxation, judicial investigation or any other than the statistical itself.
Article 33. Article 61 of Law 300 of 1996 shall read as follows:
"Article 61. National Registry of Tourism The Ministry of Commerce, Industry and Tourism shall delegate to the Chambers of Commerce the National Registry of Tourism, in which all the providers of tourist services referred to in the
Article 12 of Law 1101 of 2006.
Paragraph 1 °. Obtaining registration will be a prerequisite and mandatory requirement for the operation of tourist establishments.
Paragraph 2 °. The chambers of commerce, for the purposes indicated in the preceding paragraph, must guarantee a single national registry, verify the prerequisites to the registration or renewal of the registration and have an online information system for the Ministry of Commerce, Industry and Tourism. .
Paragraph 3 °. The Ministry of Commerce, Industry and Tourism will establish the conditions and requirements necessary for the registration and updating of the National Tourism Registry and the other conditions for the exercise of the function by the chambers of commerce.
Paragraph 4 °. The Ministry of Commerce, Industry and Tourism will automatically suspend the National Tourism Registry of tourism service providers that do not update it annually within the dates indicated in the regulations and will punish those who are providing the service without being registered. During the time of suspension of the Registry, the provider, may not exercise the activity.
Paragraph 5 °. The Ministry of Commerce, Industry and Tourism will request the District and Municipal Mayors the immediate temporary closure of tourist establishments until the providers prove they are registered in the National Tourism Registry or have complied with the registration update. For the lifting of the measure envisaged in this subsection, the district and municipal authorities must verify before the respective chamber of commerce or the Ministry of Commerce, that the provider of tourist services has fulfilled its duty to update the National Registry of Tourism or respective inscription.
Paragraph 6. For the reactivation of the inscription in the National Registry of Tourism, the provider must request it and accredits the cancellation in favor of the National Tourism Fund, of one (1) minimum legal monthly salary in force at the time of payment ".
Article 34. Obligation by managers of horizontal property. It is the obligation of the administrators of the properties subject to the horizontal property regime in which the tourist housing service is provided, to report to the Ministry of Commerce, Industry and Tourism, the provision of such services in the properties of the horizontal property that it manages, when these are not authorized by the regulations for said destination, or are not registered in the National Registry of Tourism.
The omission of the obligation contemplated in this article will lead to the administrator imposing by the Ministry of Commerce, Industry and Tourism a penalty consisting of a fine of up to 3 legal monthly minimum wages in force at the time of payment, to the Promotion Fund Tour.
The provider of the tourist housing service that operates without the prior authorization in the horizontal property regulations duly registered in the Office of Registration of Public Instruments, will be imposed the sanctions contemplated in numeral 2 of article 59 of Law 675 of 2001, according to the procedure established in said law. The foregoing without prejudice to the penalties that result from not registering in the National Tourism Registry.
Article 35. Amend article 18 of Law 300 of 1996, adding a second paragraph, which shall read as follows:
"Article 18. Priority tourism development: The District or Municipal Councils, with the prior approval of the Ministry of Commerce, Industry and Tourism or upon the request of this Ministry, in exercise of the powers set forth in article 313 numeral 7 of the Political Constitution, shall determine the Priority Tourism Development Areas, which will produce the following effects:
1. Affectation of land use to guarantee the priority development of tourist activities. The tourist use will take precedence over any other use that is later decreed on such areas, and that is not compatible with the tourist activity.
2. Local support in the allocation to these areas of public services and basic infrastructure, in accordance with district or municipal master plans.
Paragraph 1 °. In accordance with the provisions of article 32, numeral 7 of Law 136 of 1994, the District or Municipal Councils may establish exemptions on the taxes of their competence in the areas of priority tourism development.
Paragraph 2 °. The Ministry of Commerce, Industry and Tourism and the National Tourism Fund, will support with actions of promotion and competitiveness the areas declared by the District or Municipal Councils as Priority Tourism Development Zones ".
Article 36. Enforceability of guarantees for providers of tourist services and passenger air transport companies. The Ministry of Commerce, Industry and Tourism may require the providers of tourism services determined, and the Ministry of Transport to airlines, the constitution of guarantees issued by insurance companies or financial entities legally constituted in Colombia to protect compliance of the services contracted by tourists and the returns of money in favor of the users when there is room for it. This guarantee must remain in force, under penalty of the sanctions established in article 72 of Law 300 of 1996.
Article 37. It will be the responsibility of the Ministry of Commerce, Industry and Tourism and the Ministry of Environment and Sustainable Development to coordinate the exercise of tourism activities in protected natural areas; regulations or limitations of use by tourists; the setting and collection of fees for income, and other aspects related to protected natural areas.
The Ministry of Commerce, Industry and Tourism shall be subject to the environmental management plans of the protected natural areas, determined by the Ministry of Environment and Sustainable Development.
Article 38. From the entry into force of this Law, the National Government, through the Ministry of Commerce, Industry and Tourism, will issue the national policy that develops the promotion of Archaeological Tourism of San Agustín and Isnos in the Department of Huila .
Article 39. Term and derogations. This law applies as of its publication date and repeals article 3 of Law 300 of 1996, provisions that are contrary to it.
The President of the honorable Senate of the Republic,
JUAN MANUEL CORZO ROMÁN.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMÓN OTERO DAJUD.
The President of the honorable House of Representatives,
SIMÓN GAVIRIA MUÑOZ.
The Secretary General of the honorable House of Representatives,
JESÚS ALFONSO RODRÍGUEZ CAMARGO.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
Publish and comply.
Given in Bogotá, D.C., on July 10, 2012.
JUAN MANUEL SANTOS CALDERÓN
The Deputy Minister General of the Ministry of Finance and Public Credit, in charge of the functions of the office of the Minister of Finance and Public Credit,
GERMÁN ARCE ZAPATA.
The Vice Minister of Business Development of the Ministry of Commerce, Industry and Tourism, in charge of the functions of the office of the Minister of Commerce, Industry and Tourism,
CARLOS ANDRÉS DE HART PINTO.
NOTE: Published in the Official Gazette 48487 of July 10, 2012.