With the new law published in the Official Gazette dated April 27, 2024, significant changes were made to the Tourist Guide Profession Law and the Travel Agencies Association Law. These changes aim to increase standards of professionalism in the sector and improve the quality of tourism services. Important Changes in Tourist Guidance and Travel Agencies Laws Have Been Published in the Official Gazette. Here is the law published in the official gazette…
Amendments to the Tourist Guide Profession Law
The new law introduces various regulations in the Tourist Guide Profession Law. Admission requirements for the profession have been updated, and more stringent training and examination requirements have been added. Tourist guides are now required to have a university degree, foreign language skills and to pass special training programs. In addition, new regulations have been introduced, such as the conditions for dismissal from profession and the re-admission exam for the profession.
Amendments to the Travel Agencies Association Law
Standards regarding the activities of travel agencies have been redefined. Serious sanctions will be imposed if customers are given shopping instructions without their knowledge during services. In addition, the inspections of travel agencies have been tightened and the activities of professional organizations have been regulated in more detail.
Trips and Educational Programs in Practice
New regulations require tourist guides to complete practice trips and pass the exams at the end of these trips. The Ministry will have the authority to organize the necessary training programs and if these programs are not organized within six months, they will be organized by the Ministry.
Enforcement and Control
The changes will enter into force on the date of publication and will be implemented by the President. These laws contain regulations aimed at improving the service quality in the tourism sector and protecting the reputation of the tourist guiding profession.
These changes aim to create higher standards and a more organized structure in Turkey’s tourism sector and usher in a new era for professionals in the sector.
Here is the Full Text of Important Changes in Tourist Guidance and Travel Agencies Laws Published in the Official Gazette:
SATURDAY, April 27, 2024 Official Gazette Number: 32529
LAW
TRAVEL AGENCIES WITH THE TOURIST GUIDE PROFESSIONAL LAW
AND IN THE TRAVEL AGENCIES ASSOCIATION LAW
LAW ON AMENDMENTS
Law No. 7500 Acceptance Date: 17/4/2024
ARTICLE 1- Article 3 of the Tourist Guide Profession Law No. 6326 dated 7/6/2012 has been amended as follows.
“ARTICLE 3- (1) The title of tourist guide is earned by acceptance into the profession and the following conditions are required for admission to the profession:
a) Being a citizen of the Republic of Turkey.
b) Being over eighteen years of age as of the application date.
c) Graduating from associate, bachelor’s or master’s degree programs of tourist guiding departments of universities, or after graduating from other departments of universities other than tourist guiding departments at least at the undergraduate level, and taking into account the needs of the tourism sector, in the languages determined, in the regions determined when necessary, in accordance with the regulations, courses and exams. To successfully complete the national or regional tourist guide training program organized by associations or specialized public institutions and organizations under the supervision and control of the Ministry upon the request of the Ministry within the framework of the determined procedures and principles.
c) To have received at least 75 points from the Foreign Language Proficiency Level Determination Exam (YDS) conducted by the Measurement, Selection and Placement Center (ÖSYM) in one of the foreign languages determined by the Ministry, within the last five years before the application date for the profession admission exam, or to have received a score of at least 75 from the YDS by ÖSYM. To have a foreign language proficiency certificate equivalent to this score in international foreign language exams that are accepted as equivalent; To be successful in the foreign language exam held by associations or specialized public institutions and organizations under the supervision and control of the Ministry, upon the request of the Ministry, in languages that are not included in the exam calendar by OSYM in the year in which the Ministry requests the exam to be held.
d) To complete the practice tour organized by associations or specialized public institutions and organizations upon the request of the Ministry, under the supervision and supervision of the Ministry, and to be successful in the exam held at the end of the trip, provided that the costs are covered by the participants.
e) Crimes against the signs of sovereignty of the State and the dignity of its organs, even if the periods specified in Article 53 of the Turkish Penal Code No. 5237 dated 26/9/2004 have passed, or even if the person has been sentenced to imprisonment for one year or more or pardoned for a crime committed intentionally, Crimes against the security of the state, crimes against the constitutional order and the functioning of this order, crimes against national defense, crimes against state secrets and espionage, embezzlement, extortion, bribery, theft, fraud, forgery, abuse of trust, fraudulent bankruptcy, bid rigging, For the crimes of tampering with performance, laundering or smuggling of assets arising from crime; Not to be convicted of violating this Law or the Law on the Protection of Cultural and Natural Assets No. 2863 dated 21/7/1983.
f) Not having been dismissed from profession before.
(2) Those who fulfill all the conditions for admission to the profession specified in the first paragraph are entitled to become tourist guides in the foreign language they are successful in, if they pass the profession admission exam conducted by specialized public institutions and organizations upon the request of the Ministry. Those who cannot fulfill the conditions for admission to the profession specified in paragraph (d) of the first paragraph, are entitled to become a regional or national Turkish tourist guide, depending on the practice tour they participate, if they fulfill the other conditions for admission to the profession and are successful in the profession admission exam held by specialized public institutions and organizations upon the request of the Ministry. wins.
(3) The condition in clause (c) of the first paragraph is not required for candidates speaking Far Eastern languages, which will be determined by the Ministry in line with the cultural and tourism policies in order to meet the tourism potential of our country, especially Chinese. These persons, provided that they fulfill the other conditions specified in the first paragraph and have a university degree at least at the associate degree level, can be recruited by unions or specialized public institutions and organizations under the supervision and control of the Ministry upon the request of the Ministry, in order to meet the urgent needs of the tourism sector in this field, in accordance with the procedures and principles determined by the regulation. Depending on the practice trip they attend, they are entitled to become a regional or national tourist guide in the relevant foreign language, provided that they successfully complete the practice trip with at least a hundred hours of training program within the framework of the program.
(4) For those who have graduated from the art history and archeology departments of universities at the undergraduate level, there is no requirement to participate in the tourist guide training program organized in subparagraph (c) of the first paragraph. These persons, provided that they fulfill the other conditions specified in the first paragraph and successfully complete at least a hundred hours of training program and practice tour organized by unions or specialized public institutions and organizations under the supervision and control of the Ministry upon the request of the Ministry, within the framework of the procedures and principles determined by the regulation. They are entitled to become regional or national tourist guides in a foreign language, depending on the practice trip they participate in.
(5) Application for admission to the profession is made to the Ministry. The Ministry carries out the necessary examinations within thirty days, issues the license if it accepts the application, and in cases where it rejects the application, notifies the applicant of the rejection decision along with its justification.
(6) Those who have been accepted to the profession despite not meeting the conditions for admission to the profession, those who have been convicted of a crime that prevents admission to the profession, and those who have an obstacle to the profession are dismissed from the profession by the decision of the Ministry.
(7) If the training program specified in paragraph (c) of the first paragraph, the third and fourth paragraphs, the foreign language proficiency test specified in paragraph (d) of the first paragraph and the practice trip specified in paragraph (d) are not organized by the unions within six months despite the request of the Ministry, the training program, foreign language proficiency exam and practice tour are organized by the Ministry.”
ARTICLE 2- The first sentence of the fifth paragraph of Article 4 of Law No. 6326 has been amended as follows.
“The profession is performed only in the foreign languages specified in the work card, in Turkish if the tourist guide is a Turkish tourist guide or if the tour participants know Turkish and request it, in accordance with the law and professional ethical principles.”
ARTICLE 3- “Without prejudice to the provisions of the third paragraph of Article 30 of the Travel Agencies and Association of Travel Agents Law No. 1618 dated 14/9/1972” in subparagraph (1) of the first paragraph of Article 5 of the Law No. 6326. The phrase has been removed from the text of the article, and the following subparagraph has been added to paragraph (d) and the following subparagraph.
“10) The act specified in the sixth paragraph of Article 7 of this Law is committed twice within five years.”
“7) The act specified in the sixth paragraph of Article 7 of this Law is committed three times within five years.”
ARTICLE 4- The following paragraph has been added to the 6th article of Law No. 6326, after the first paragraph, and the other paragraphs have been sequenced accordingly, and the phrase “the wage determined in the base wage tariff” in the current second paragraph has been changed to “the wages determined and announced by the Ministry”, as “Base The phrase “fee” has been changed to “These fees”.
“(2) If the profession is performed in Turkish, the wages are determined and announced by the Ministry, not less than seventy percent of the base wage determined within the scope of the first paragraph.”
ARTICLE 5- The following sentence was added to the first paragraph of Article 7 of Law No. 6326, the phrase “and the situation is reported to the Public Prosecutor’s Office within three days at the latest” in the fourth paragraph was removed from the text of the article, the following paragraphs were added to the article after the fourth paragraph and the other paragraphs were added accordingly. has been consolidated.
“Tours conducted by schools and institutions affiliated with the Ministry of National Education for students, accompanied by teachers, and without commercial purposes are outside the scope of this Law.”
“(5) Guidance service cannot be provided without having a license, and an administrative fine ranging from twenty-five thousand Turkish Liras to one hundred thousand Turkish Liras will be imposed by the relevant civil administrator, taking into account the number of people served and the characteristics of the region.
(6) During the provision of tourist guide service, tourist guides who provide any benefit to themselves or the person they will direct in return for being sent to a certain business for shopping purposes without the knowledge and approval of those receiving this service, will be fined an administrative fine from twenty-five thousand Turkish Liras to one hundred thousand Turkish Liras by the relevant civil administration authority. is given.”
ARTICLE 6- Article 9 of Law No. 6326 has been amended as follows.
“ARTICLE 9- (1) The Ministry has the authority to inspect all kinds of works, transactions, activities and accounts of professional organizations and their affiliates through inspectors and controllers when necessary and at least every three years. Professional organizations are obliged to provide all kinds of information and show documents during the audit.
(2) Members of the bodies and personnel of professional organizations may be subject to public prosecution for their criminal acts and actions related to their duties while performing their duties, and for crimes they commit regarding the money of professional organizations, documents in the form of money, promissory notes and other assets, and all kinds of books and documents related to accounting and transactions. They are punished as if they were civil servants.
(3) The personnel of the professional organization who do not fulfill their obligations specified in the first paragraph, or who are prosecuted for the crimes specified in the second paragraph, or who are deemed unfavorable to remain on duty due to the audit carried out, may be temporarily suspended from duty by the Ministry for a period of three months, upon the proposal of the Ministry inspector. If deemed necessary, this period may be extended by the Ministry for another three months for once. Two-thirds of the payments to be made to the suspended personnel during the suspension period are paid.
(4) Those who are suspended from duty within the scope of this article; During the inspection or after the completion of the inspection, they return to their duties by the decision of the Ministry or if it is decided that there is no need for prosecution or if they are not convicted. The payments that those who are reinstated to their duties are deprived of during the period of suspension are paid by the professional organization in which they are employed, together with legal interest.
(5) In cases where it is necessary for national security, public order, to prevent the commission of a crime or its continuation or to catch it, if there is a risk of delay, the organs of the unions and chambers may be banned from operating by the Ministry. The decision to ban activity is submitted to the approval of the judge in charge within twenty-four hours. The judge announces his decision within forty-eight hours; Otherwise, this administrative decision automatically ceases to be valid.
(6) The Ministry may pursue the cases filed within the scope of this article as a participant.”
ARTICLE 7- Article 12 of Law No. 6326 has been amended as follows.
“ARTICLE 12- (1) Tourist guiding services, activities and their contracts, issues regarding the discipline, registry and work cards of tourist guides, and courses, seminars and training programs for professional expertise are regulated by the regulation issued by the union.
(2) The procedures and principles regarding the Ministry’s administrative and financial control over professional organizations and the issues regarding the implementation of the provisions regarding the powers and duties granted to the Ministry by this Law are regulated by the regulation issued by the Ministry.”
ARTICLE 8- The following temporary article has been added to Law No. 6326.
“Replacing the guidance ID card with a license
PROVISIONAL ARTICLE 4- (1) As of the date of entry into force of this article, the guidance identity cards of those who have not replaced their guidance identity card with a license within the scope of the first paragraph of the temporary article 1 of this Law, will be issued with the guidance identity cards of (a), (e) and (f) of the first paragraph of article 3 of this Law. It will be replaced with a license if they apply within one year from the date of entry into force of this article, provided that they meet the conditions in the paragraphs and are registered to the relevant chamber established in accordance with this Law. This period may be extended by one year by the Ministry.”
ARTICLE 9- The following temporary article has been added to Law No. 6326.
“Reserved rights regarding foreign language proficiency
PROVISIONAL ARTICLE 5- (1) Those who replace their guidance identity card with a license within the scope of temporary article 4 of this Law are required to submit the document specified in subparagraph (d) of the first paragraph of article 3 of this Law. Otherwise, they can practice their profession as Turkish tourist guides. “If they document their foreign language proficiency, they can obtain a work card and practice their profession in the language they are successful in again.”
ARTICLE 10- The following temporary article has been added to Law No. 6326.
“Professional re-admission exam
PROVISIONAL ARTICLE 6- (1) Those who did not participate in the exam held by the Ministry within the scope of the fourth paragraph of the temporary article 1 of this Law and those who failed the exam must apply to the Ministry within one year from the effective date of this article. They are accepted to the profession provided that they meet the conditions stipulated in paragraph (e) and pass the exam held by the Ministry. Those who are accepted to the profession within the scope of this article are required to submit the document specified in subparagraph (d) of the first paragraph of Article 3 of this Law. Otherwise, they can practice their profession as Turkish tourist guides. “If they document their foreign language proficiency, they can obtain a work card and practice their profession in the language they are successful in again.”
ARTICLE 11- The second paragraph of Article 30 of the Travel Agencies and Travel Agents Association Law No. 1618 dated 14/9/1972 has been repealed and the third paragraph has been amended as follows.
“If, during the services they provide to their customers, travel agencies obtain any benefit for themselves or the person they direct, in return for sending them to a certain business for shopping purposes without the knowledge and approval of their customers, the documents of these travel agencies will be canceled by the Ministry and they cannot operate as travel agencies for five years.”
ARTICLE 12- This Law shall enter into force on the date of its publication.
ARTICLE 13- The provisions of this Law shall be enforced by the President.
26/4/2024
