Government to begin regulating home-stays, Airbnbs

Government to begin regulating home-stays, Airbnbs
Saturday 10 June 2023 - 14:01

The government has given its approval to a decree that introduces new requirements for administrative procedures pertaining to the establishment and operation of tourism facilities.

This decree serves as the implementation of the provisions outlined in Law 80.14, which specifically addresses tourism establishments and various forms of tourist accommodations.

The newly approved decree, identified as 2.23.441, encompasses several noteworthy innovations. One of the key provisions involves the enforcement of Article 30 from the aforementioned law, which regulates accommodation options for residents or alternative lodging. It stipulates that hosting a tourist in one’s home necessitates obtaining an exploitation license.

The decree outlines specific requirements, including the maximum number of rooms that can be offered within the context of resident accommodation, as well as the guidelines for maintaining a tolerance book relevant to the operation of such accommodations and alternative lodging.

These regulations have been established through joint decisions made by the Ministries of Interior and Tourism.

Any individual or entity providing accommodation services for residents or alternative lodging must apply for an exploitation license using a designated form. This application must include supporting documents such as a copy of the national identification card, a copy of the insurance contract as mandated by Article 34 of Law 80.14, photographs of the rooms and common areas being marketed, a copy of the housing license related to the establishment, and a certificate from a qualified engineer affirming that the building meets safety standards, structural stability requirements, fire prevention regulations, and the specifications outlined in the exploitation guidelines.

Upon receiving an application for an exploitation license, the local authority is responsible for forwarding it to the regional or regional representative of tourism.

The purpose of this step is to conduct a thorough examination of the application and arrange for an inspection visit to assess the designated spaces for resident accommodation or alternative lodging. Additionally, relevant departments are consulted to provide their expert opinions, which are deemed necessary for a comprehensive evaluation of the application.

If the application is approved, the license will be issued within a period of 30 days. However, if the premises fail to meet the necessary conditions, the competent local authority retains the right to revoke the accommodation permit.

One notable inclusion in the decree is the establishment of guidelines for granting licenses to operate mobile camps, commonly referred to as Bivouacs. To secure this license, the operator must submit an application at least 14 days prior to establishing the mobile camp. The application is submitted to the appropriate local authority. The permit may be granted for either temporary mobile camps set up during a roaming phase or mobile camps established in designated sites specifically designated for this purpose.

The determination of designated sites for mobile camp establishments and the procedures for their establishment will be specified in a decision made jointly by the Ministries of Interior and Tourism, based on recommendations from the workers of prefectures and regions.

The decree also introduces a classification system for hotels and tourist accommodations, comprising six levels ranging from one star to five stars, with an additional luxury category. As for hotel clubs, they will be approved within the three to five-star range, also with a luxury classification.

According to Article 3 of the decree, investors or their representatives are required to electronically submit applications for temporary classification and exploitation licenses to the Regional Investment Center. The application must be accompanied by supporting documents such as a certificate of conformity related to the enterprise and a standardized form outlining the functional criteria for the equipment.

To ensure compliance with regulations, the regional representative of the government authority responsible for tourism will visit the establishment seeking temporary classification and exploitation licenses. The inspection process prioritizes establishments with a minimum three-star rating and remains confidential.

The Ministry of Tourism is placing great importance on advancing tourist accommodations, recognizing them as a critical link within the tourism value chain and a fundamental aspect of a tourist’s overall experience. The new methodology aims to classify and regulate these operations, thereby ensuring the provision of high-quality services. This will be achieved through visits conducted by regional classification committees and discreet monitoring processes.

Tourism has emerged as one of the most flourishing sectors, with the Ministry of Tourism designating 2023 as a transformative year for the industry. Remarkably, the number of incoming tourists has witnessed significant growth, with 5.1 million tourists arriving by the end of May 2023, reflecting a 20 percent increase compared to the same period in 2019.

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