Article 22:
The Ministry of Tourism shall supervise and regulate tourism businesses and activities by issue licences, establish classification systems, set minimum standards and executive systems to establish, improve and maintain the quality of tourism services in the Kingdom of Cambodia.
Article 23:
The Ministry of Tourism shall set standards and requirements on technical issues and tourism services pursuant to the pattern of best practices in the Kingdom of Cambodia. All tourism businesses shall comply with the standards and requirements determined by regulation (Prakas) of Minister of the Ministry of Tourism.
Article 24:
The Ministry of Tourism shall establish systems for classification of hotels and tourism accommodation services and other services in accordance with international standards adapted to the conditions of best practices in Cambodia.
The classification systems of hotel and accommodation services shall be determined by a Sub-decree.
The classification systems for other tourism services shall be determined by a regulation (Prakas) of Minister of the Ministry of Tourism.
Article 25:
Post this classification system is established for a tourism business activity, licences issued under this Law for that activity shall state the grade of the particular business.
Article 28:
Tourism Operators who receive Eco-label issued by the Ministry of Tourism are entitled to get benefits and incentives from the Royal Government of Cambodia in higher priority compared with other operators. Those benefits and incentives include:
- Rights for operating businesses in special zones;
- Reduced fees for tourism license issuance;
- Promotion on a website for the award recipients;
- Promotion in the book for the award recipients; and
- Privilege in promotional campaign.
Article 26:
The Ministry of Tourism shall introduce measures for the improvement of quality assurance of tourism services such as special labels, logos, accreditations, awards and incentives. The Ministry of Tourism shall consult with the industry and other stakeholders in the design, development and the realization of these measures.
The particulars of these labels, logos, accreditations, awards and incentives will be determined by a Prakas of Minister of the Ministry of Tourism.
Article 27:
To encourage the quality assurance of products and services in tourism industry, the Ministry of Tourism shall establish a special label called “Eco label” to be awarded to those tourism operators who strictly comply with environmental standards of the Ministry of Environment.
Only those tourism operators who are awarded with the eco-label could use the label on their products and services provided to the public and their customers.
Article 28:
Tourism Operators who receive Eco-label issued by the Ministry of Tourism are entitled to get benefits and incentives from the Royal Government of Cambodia in higher priority compared with other operators. Those benefits and incentives include:
- Rights for operating businesses in special zones;
- Reduced fees for tourism license issuance;
- Promotion on a website for the award recipients;
- Promotion in the book for the award recipients; and
- Privilege in promotional campaign.
Article 29:
Tourism operators who provide good services could be specially awarded by the Ministry of Tourism, Royal Government or the King. Detailed procedures and criteria for this special award shall be determined by a Sub-decree.
Only those tourism operators who are awarded the special award could use the award in their communication with the public and their clients.
Article 30:
Tourism business activities are categorized and the responsibility of the Ministry of Tourism under Chapter Three is as follows:
(a) Tourism business activities in the primary responsibility as stipulated in Article 10 of this Law
hereunder:
- Tour guide;
- Tour operator and travel agency;
- Tourism information and promotion;
- Tourist accommodation services;
- Tourist sites;
- Tourist attractions;
- Tourist transport;
- Tourist restaurants and food stores;
- Tourism vocational school;
- Tourism entertainment centres;
- Adult entertainment centres;
- Tourism sport activities; and
- Tourism events and exhibitions
(b) Tourism business activities in the shared responsibility as stipulated in Article 10 of this Law hereunder:
- Domestic restaurants and food stores;
- Domestic passenger transport;
- Natural protected areas;
- Mekong river dolphin areas;
- Ecotourism activities;
- Community-based tourism activities;
- Souvenir vendor activities; and
- Educational institutions of tourism, hotel and hospitality.
(c) Tourism business activities in the shared responsibility as stipulated in Article 10 of this Law hereunder:
- Air passenger transport;
- National cultural heritage sites;
- National natural heritage sites; and
- Conference, exhibition, events and national and international festivals.
The categories of tourism business activities and the responsibility of the Ministry of Tourism may be
amended and further tourism business activities may be added when the need is identified in the
Tourism Development Plan.
Article 31:
In compliance with Article 10 in Chapter Three and the provisions of this Chapter Five, Minister of the Ministry of Tourism shall issue Prakas to regulate and administer the licensing of each area of tourism business activity for which it has primary responsibility.
The Ministry of Tourism and the other relevant-line Ministries and authorities with whom responsibility is shared shall collaborate and issue an inter-ministerial Prakas (regulation) to regulate and administer this area of shared responsibility in accordance with Article 11 as stipulated in Chapter Five of this Law.
Article 32:
Minister of the Ministry of Tourism shall issue Prakas (regulation) which categories of tourism businesses require a licence from the Ministry of Tourism or the Provincial-Municipal Department of Tourism.
No person shall be able to operate a tourism business without a licence if so required by the Ministry of Tourism or Provincial – Municipal Department of Tourism. Where more than one type of business are conducted by one person from the same premises, each type of business must be separately licensed as if it were a separate business operated from separate premises.
Where a person has more than one branch of a tourism business, each branch must be licensed.
Article 33:
Tourism licences issued by the Ministry of Tourism or the Provincial-Municipal Department of Tourism do not affect any requirements for commercial registration or other permits from other relevant-line Ministries, institutions and authorities which are obligated by laws. The Ministry of Tourism shall work in collaboration with relevant line Ministries, institutions and authorities to streamline and accelerate the efficiency of licensing processes.
Article 34:
The Ministry of Tourism shall determine in consultation with the private sector and other concerned Ministries, institutions and authorities the minimum standards and other criteria for each type of licence designed to establish; improve and maintain the quality of tourism services.
The criteria shall conform to each type of tourism licence and relate to such matters or any of the following matters:
(a) The nationalities, qualifications, experiences, knowledge and characters of the operator and key personnel; and
(b) Locations, premises, equipment, registration and the financial capacity of the operator; and Criteria for each type of tourism license shall be determined by a Prakas (regulation) Minister of the Ministry of Tourism.
Article 35:
Criteria for tour guide licence are as follows:
(a) Must be Khmer nationality and whose age is over 18 years; and
(b) Holds a tour guide certificate and is trained and recognized by the Ministry of Tourism.
Other criteria for tour guide licensing shall be determined by a Sub-decree.
Article 36:
An application for the grant of or renewal of a tourism license shall be made by the operators of the tourism business and shall be in the form and accompanied by the supporting documents and other information as required by a Prakas (regulation) of Minister of the Ministry of Tourism.
An application of tourism licence must thereof attach the license fees which were determined by an inter-ministerial Prakas (regulation) of Minister of the Ministry of Tourism and Minister of the Ministry of Economy and Finance.
Article 37:
The application of tourism licence shall be accepted for an assessment once the Ministry of Tourism or Provincial-Municipal Department of Tourism sees that the applicants properly follow the sample form of the application.
Article 38:
The Ministry of Tourism or Provincial-Municipal Department of Tourism shall review and assess the application based on the information provided and such further perusals and enquiries as deemed appropriate.
The Ministry of Tourism or Provincial-Municipal Department of Tourism shall advise the applicant of tourism licence its decision of approval or disapproval within 28 days after receipt of a completed application. In case of disapproval, the Ministry of Tourism or Provincial-Municipal Department of Tourism shall substantiate the rationale and justification to the applicant.
Any official of the Ministry of Tourism or Provincial-Municipal Department of Tourism with a conflict of interest shall be prohibited from participating in the processing the application.
Article 39:
A licence issued under this Law is subject to the conditions which the licensee shall comply hereunder:
(a) Comply with all planning and foundation norm of building, fire safety, health, food, hygiene, labor, tax and other laws and regulations relating to the activity, premises, equipment, employees and operation of the tourism business;
(b) Comply with the standards and requirements issued by the Ministry of Tourism under Article 23 of this Law;
(c) Comply with the classification systems issued by the Ministry of Tourism under Article 24 and 25 of this Law;
(d) Comply with the quality assurance measures issued by the Ministry of Tourism under Article 28 of this Law and not falsely represent that the business has a label, logo, accreditation, award or incentive that it does not have;
(e) If the tourism business has been awarded a classification level under a scheme referred to in Article 24 and 25 of this Law, the level awarded must be displayed in a prominent position at the place of business of the licensee and must be specified in all marketing, advertising and correspondence;
(f) Comply with any Code of Conduct and Code of Ethic issued by the Ministry of Tourism or issued by a Tourist Industry Association and approved by the Ministry of Tourism for that type of tourism business;
(g) Notify the Ministry of Tourism or Provincial-Municipal Department of Tourism in writing within 14 days of any change in the particulars supplied by the licensee;
(h) Provide promptly to the Ministry of Tourism or Provincial-Municipal Department of Tourism upon request such statistical and other information in relation to the tourism business as the Ministry of Tourism or Provincial-Municipal Department of Tourism shall determine is required;
(i) At all times display the licence in a prominent position at the place of business of the licensee; and
(j) Ensure that registration numbers and type of tourism license are specified on all correspondence with stakeholders and commercial partners. Such other special conditions are required for each type of licence shall be determined by a Prakas (regulation) of Minister of the Ministry of Tourism.
Article 40:
Travel agents and tour operators must provide and maintain a security, either in the form of cash deposits in a bank or a bank guarantee in an amount determined by a Prakas (regulation) of Minister of the Ministry of Tourism to guarantee the business and to protect customers.
The procedures and requirements for the management of the security and changes in the security in a bank shall be determined by a Prakas (regulation) of Minister of the Ministry of Tourism.
Article 41:
If the applicant meets all the criteria and requirements specified in Chapter Five of this Law, the Ministry of Tourism or Provincial-Municipal Department of Tourism shall issue a tourism license for a minimum term of one year.
If the applicant does not fulfill the criteria and requirements as stipulated in Chapter 5 of this Law, the Ministry of Tourism or Provincial-Municipal Department of Tourism accepts a written undertaking by the applicant to comply with the outstanding criteria and requirements, the Ministry of Tourism or Provincial-Municipal Department of Tourism may issue a temporary licence for a period of 90 days post the applicant has paid the licence fee.
During this transitional period, having scrutinised the temporary licencee has complied with all the outstanding criteria and requirements, the Ministry of Tourism or Provincial-Municipal Department of Tourism shall thereof issue a full licence to the applicants.
Article 42:
A licencee must submit an application for renewal at least 30 days before the date of expiry of the licence accompanied by the licence fee and such documents and other information as specified in Prakas (regulation) of Minister of the Ministry of Tourism.
Article 43:
A Tour Guide licence issued under this Law shall not be transferable neither nor sellable as it is dependent upon the personal qualifications and experience of the licensee.
Any other licence issued under this Law shall be transferable either or sellable of the business subject to the following conditions:
(a) the licensee shall make application to the Ministry of Tourism or Provincial-Municipal Department of Tourism in the decided form thereof and accompanied by the fee of licence transfer or sale and such other information determined by the Ministry of Tourism;
(b) the transferee or purchaser of licence must fulfill all obligatory conditions and requirements on licensing of the Ministry of Tourism as stipulated in Chapter Five of this Law;
(c) Pursuant to the law in effect, the sale or transfer of licence is operationable unless the transferor has fulfilled all his/her tax obligations and has resolved other matters with his stakeholders and the transferee or purchaser have agreed in writing for fulfilling tax obligations or resolve the residual issues, otherwise obtaining a particular agreement in writing from his/her stakeholders; and
(d) Where the licence is a provisional licence, the transferee shall provide to the Ministry of Tourism or Provincial-Municipal Department of Tourism a written undertaking to carry out the outstanding works within the remainder of the period originally fixed.
Article 44:
If the Ministry of Tourism or Provincial-Municipal Department of Tourism considers the licensee has provided false or misleading information in relation to the application or has failed to comply with all or any of the conditions of the licence the Ministry of Tourism or Provincial-Municipal Department of Tourism may cancel, suspend the licence or downgrade the licence to a temporary licence on 30-day’s written notice to the licensee. The notice of cancellation, suspension or downgrade shall specify the reasons for such action.
In an emergency situation where the Ministry of Tourism or Provincial-Municipal Department of Tourism considers that the continuing operation of a tourist business poses an immediate and serious potential risk to health, safety or security the Ministry of Tourism or Provincial-Municipal Department of Tourism may cancel or suspend the licence by specifying the reasons for such action.
Cancellation, suspension or downgrade of a licence under this Article shall not relieve the licensee from liability for the offences and penalties under Chapter Ten of this Law and other laws in effect.
Criteria and procedures for cancellation, suspension or downgrade of a tourism licence to a provisional licence shall be determined by a Prakas (regulation) of Minister of the Ministry of Tourism.
Article 45:
Where a licensee ceases to meet the criteria and other requirements for the licence because of the death of the licensee or manager or for some other lawful reason beyond the control of the licensee acceptable to the Ministry of Tourism or Provincial-Municipal Department of Tourism, the Ministry of Tourism or Provincial-Municipal Department of Tourism may make such temporary licensing arrangements with the licensee and heirs or persons responsible for dissolution of the company business to facilitate the orderly rectification of the problem or transfer of the business.
Article 46:
Any person who is aggrieved by a decision of the Ministry of Tourism or Provincial-Municipal Department of Tourism on refusal, suspension, cancellation, downgrade or other relevant decision as stipulated in Chapter Five of this Law may appeal to a court of competent jurisdiction within 30 days of the date of such notice.
Upon receiving notice of the appeal if the Ministry of Tourism or Provincial-Municipal Department of Tourism may suspend the decision and shall make its resolution within a period of 60 days.
Article 47:
The Ministry of Tourism or Provincial-Municipal Department of Tourism shall keep and maintain a register of tourism licenses, and shall publish in its bulletin or/and website any decisions on the granting of, refusal, cancellation, suspension or downgrade of a tourism license.
The public may request access to the register at the Ministry of Tourism or Provincial-Municipal Department of Tourism during any working hours and may request copies of the documents.