Tourism Promotion Law

Law No: 2634
Date of Acceptance: 12.03.1982
Official Gazette Date: 16.03.1982
Official Gazette No: 17635

CHAPTER ONE: Purpose, Scope and Definitions

Purpose

Article 1 - The purpose of this Law is to ensure the taking of arrangements and measures that will regulate, develop, and establish a dynamic structure and functioning of the tourism sector.

Scope

Article 2 - This Law covers provisions regarding tourism services and the determination, development of culture and tourism protection and development regions and tourism centers required by these services, the encouragement, regulation, and supervision of tourism investments and enterprises.

Definitions

Article 3 - The following terms in this Law mean;

  • a) Ministry: The Ministry of Culture and Tourism, (Amended clause Official Gazette Date: 01.08.2003 Official Gazette No: 25186 Law No: 4957/1)
  • b) Culture and Tourism Protection and Development Regions: Regions where historical and cultural values are densely located and/or tourism potential is high, designated and announced by the decision of the President to protect, utilize, ensure sectoral development and planned growth, (Amended phrase Official Gazette Date: 07.07.2018 Official Gazette No: 30471 2nd Repeated Decree Law No: 700/68)
  • c) (Repealed clause Official Gazette Date: 01.08.2003 Official Gazette No: 25186 Law No: 4957/1)
  • d) Tourism Centers: Places or parts within or outside culture and tourism protection and development regions, primarily planned for development; whose location, position, and boundaries are determined and announced by the decision of the President, and which are important in terms of tourism movements and activities, (Amended phrase Official Gazette Date: 07.07.2018 Official Gazette No: 30471 2nd Repeated Decree Law No: 700/68)
  • e) Tourism Enterprises: Commercial enterprises operated by Turkish or foreign real or legal persons, jointly or separately, active in the tourism sector,
  • f) Tourism Investment Certificate: The certificate given by the Ministry to the investor in the tourism sector for the determined investment period,
  • g) Tourism Enterprise Certificate: The certificate given by the Ministry to tourism enterprises operating in the tourism sector,
  • h) Certified Tourism Investments or Enterprises: Investments or enterprises certified by the Ministry,
  • i) Marine tourism vehicles: Private and commercial yachts, cruise ships, and submersible marine vehicles owned by real and legal persons with seaworthiness certificates, used for sightseeing, sports, entertainment, and tourism purposes, (Amended clause Official Gazette Date: 13.01.2007 Official Gazette No: 26402 Law No: 5571/13)
    1. Yacht: A vessel with cabins, toilet, washbasin, kitchen, used commercially or non-commercially for sightseeing and sports, not classified as cargo, passenger, or fishing vessel, carrying no more than twelve passengers or, on cabotage voyages limited to one hundred nautical miles, not exceeding thirty-six passengers, and indicated as a yacht in the tonnage certificate,
    2. Cruise ship: A vessel suitable for use in marine tourism trade, sailing on a predetermined program and route for sightseeing, entertainment, and sports purposes, equipped with luxury cabins, swimming pools, suitable for intercontinental travel, with high passenger capacity and seaworthy,
    3. Submersible marine vehicle: A marine vehicle carrying people, capable of moving underwater and on the surface without support during navigation or operating underwater with surface support in all cases,
    4. Day-trip boat: Boats with Seaworthiness Certificates that pick up passengers from the port and drop them off at the same port on the same day for sightseeing, sports, entertainment, and tourism purposes, (Added clause Official Gazette Date: 01.08.2003 Official Gazette No: 25186 Law No: 4957/1)
  • j) Culture and Tourism Protection and Development Subregion: Lands determined by a 1/25,000 or smaller scale plan, including one or more of tourism types, culture, education, entertainment, commerce, housing, and all kinds of technical and social infrastructure areas, which can be subdivided into sub-areas, (Added clause Official Gazette Date: 13.01.2007 Official Gazette No: 26402 Law No: 5571/13)
  • k) Marine tourism facilities: Tourism facilities exclusively providing several or all of safe mooring, hauling ashore, maintenance, repair, and social services for marine tourism vehicles, (Amended clause Official Gazette Date: 15.05.2008 Official Gazette No: 26877 Law No: 5761/1)
  • l) Classification: The determination by the Ministry of the class of tourism enterprise certified facilities based on minimum qualifications, capacity, physical features, material standards used, operation and service quality, and personnel qualifications and education level, evaluated by a Classification Commission consisting of two Ministry controllers and one sector representative, or if no sector representative is available, two Ministry controllers, (Amended phrase Official Gazette Date: 01.06.2019 Official Gazette No: 30791 Law No: 7175/1)
  • m) Staff housing area: Tourism facility service areas allocated in zoning plans for the sole purpose of meeting accommodation needs and improving living quality of personnel working in tourism facilities located on immovables allocated by the Ministry to investors for tourism facility construction; these areas are outside and not adjacent to the tourism facility area, have no sea frontage, and are allocated for auxiliary service units.

CHAPTER TWO: General Provisions

Determination of tourism regions, areas, and centers

Article 4 - In determining culture and tourism protection and development regions and tourism centers; the country's natural, historical, archaeological, and socio-cultural tourism values, winter, hunting and water sports, health tourism, and other existing tourism potentials are taken into account.

Obtaining certificates

Article 5 -

  • a) In the tourism sector; to benefit from the incentives, exemptions, exemptions, and rights provided in this Law and other legislation, it is mandatory to obtain a tourism investment certificate or tourism enterprise certificate from the Ministry.
  • b) Certified investments must be started within the periods determined by the Ministry and completed and opened for operation. However, this period may be extended due to compulsory reasons accepted by the Ministry.

Protection and use of natural tourism resources

Article 6 - In culture and tourism protection and development regions and tourism centers; structures and facilities that will contribute to the protection or use in the public interest of places under the sovereignty and disposal of the State may be constructed and operated according to zoning plans without requiring title deed registration, provided they have the certificates specified in Article 3 of this Law and comply with the conditions in Article 8.

In culture and tourism protection and development regions and tourism centers, other public-beneficial structures and facilities may be constructed and operated on places under the sovereignty and disposal of the State, provided they do not damage the natural and cultural characteristics of the region, do not harm tourism enterprises, comply with zoning plans, and obtain permission from the Ministry.

Seas, lakes, rivers, and their shores cannot be used in a way that damages or wears out their characteristics. Utilization such as extraction of sand, gravel, and stones from these places is subject to the permission of the Ministry upon the opinion of the Naval Forces Command according to the Navigation and Hydrography Services Law No. 1738.

Plans

Article 7 - (Amended article Official Gazette Date: 01.08.2003 Official Gazette No: 25186 Law No: 4957/2)

The Ministry is authorized to prepare, have prepared, approve ex officio, and amend plans of all scales within culture and tourism protection and development regions and tourism centers.

Information, documents, and opinions requested from other public institutions and organizations for infrastructure and planning works to be carried out by the Ministry in culture and tourism protection and development regions and tourism centers must be provided within 3 months. If not provided within this period, the related work and procedures may be carried out ex officio by the Ministry.

Before sales, allocation, leasing, boundary declaration and changes, and infrastructure and superstructure projects that will create environmental impact by other public institutions and organizations in culture and tourism protection and development regions and tourism centers, the positive opinion of the Ministry must be obtained.

Procedures and principles regarding the implementation of this article are regulated by a regulation to be issued by the Ministry.

Use of immovable properties for tourism purposes

Article 8 -

A. (Amended phrase Official Gazette Date: 01.06.2019 Official Gazette No: 30791 Law No: 7175/2)

Among immovables located in culture and tourism protection and development regions and tourism centers, deemed beneficial for tourism purposes by the Ministry and notified to the relevant Ministry;

  • (Amended clause Official Gazette Date: 15.05.2008 Official Gazette No: 26877 Law No: 5761/2)
  • (1) (Amended sentence Official Gazette Date: 01.06.2019 Official Gazette No: 30791 Law No: 7175/2)
  • Except those used in public services and those with easement rights established on them, immovables owned privately by the Treasury deemed appropriate by the Ministry of Environment and Urbanization are allocated within two months; if allocation is not made or a negative opinion is not given within this period, allocation is deemed to have been made.
  • (Amended sentence Official Gazette Date: 01.06.2019 Official Gazette No: 30791 Law No: 7175/2)
  • Places under the sovereignty and disposal of the State that can be registered in the land registry, excluding registered places, closed roads, and road surpluses, are registered in the name of the Treasury within one month from the date of request and allocated to the Ministry in the same manner following registration.
  • In cases where there is insufficient area in Treasury ownership, places classified as forests according to Forest Law No. 6831;
    • a) Where climatic and environmental necessities exist for the construction of accommodation facilities including physical therapy or rehabilitation centers for health tourism,
    • b) Where geothermal resources exist for thermal tourism,
    • c) Where sufficient slope length and necessary altitude exist for suitable structures and facilities within winter tourism,
    • d) Where environmental and social opportunities exist for facilities related to eco-tourism such as plateau tourism, rural tourism, and similar tourism types,
    • e) Where international standard facilities can be realized considering suitable climate and topographic features for golf tourism,
    • f) Where coastal geographical and physical structures facilitate infrastructure and superstructure facilities for benefiting from beaches, natural scenery, environmental richness, and biological diversity,
    • g) Where facilities for marine tourism such as cruise and yacht, which cannot be realized elsewhere than the coast, are possible,
    • h) Where suitable climate or geographical features exist for tourism sports facilities where international competitions can be held, (Amended phrase Official Gazette Date: 01.06.2019 Official Gazette No: 30791 Law No: 7175/2)
  • are allocated to the Ministry by the Ministry of Agriculture and Forestry in the manner specified in this paragraph.

In forest-classified places to be allocated according to this Law;

  • a) The area allocated for tourism cannot exceed five per thousand of the total forest-classified areas in the province.
  • b) The construction right based on building coverage cannot exceed a floor area ratio (FAR) of 0.30.
  • c) The investor must pay the afforestation fee for an area three times the size of the forest area allocated for tourism investment and the three-year maintenance fee for the afforested area to the General Directorate of Forestry's account, to be used directly in afforestation and maintenance works, and this amount is recorded as revenue and appropriations are foreseen accordingly. If the payment is not made, the investor will not be granted a tourism investment or enterprise certificate.

(2) Those belonging to public institutions are registered in the name of the Treasury and allocated to the Ministry within 2 months from the date of request. Conditions and fees related to the transfer are resolved between the relevant institutions and the Treasury according to Article 30 of the Expropriation Law No. 6830.

(3) Those belonging to other real and legal persons and foundations without a tourism enterprise certificate are expropriated by the Ministry, registered in the name of the Treasury, and allocated to the Ministry within 1 month from the registration date.

Unresolved disputes do not prevent the allocation of the land for tourism purposes.

B. No payment is demanded from the Ministry by the Treasury until the immovables allocated according to paragraph (A) are transferred to the investor. (Amended paragraph Official Gazette Date: 15.05.2008 Official Gazette No: 26877 Law No: 5761/2)

C. Principles regarding the allocation, leasing, and establishment of easement rights on immovables under the Ministry's disposal, as well as durations, fees, termination of rights, and other conditions, are jointly determined by the Ministry, Ministry of Finance, and Ministry of Environment and Forestry without being subject to the provisions of the State Tender Law No. 2886 dated 8/9/1983 and Forest Law No. 6831 dated 31/8/1956, in accordance with transparency, reliability, equal treatment, and effective and efficient use of public resources principles. (Amended paragraph Official Gazette Date: 15.05.2008 Official Gazette No: 26877 Law No: 5761/2)

D. The Ministry is authorized to allocate immovables under its disposal to Turkish and foreign real and legal persons under the conditions determined according to paragraph (C). Establishment of independent and permanent rights including easement rights on these immovables and establishment of easement rights free of charge for infrastructure purposes in favor of the public institution that will realize the infrastructure are carried out by the Ministry with the approval of the Ministry of Finance under the conditions determined by the Ministry of Finance and this Ministry.

E. Acquisition of immovables in culture and tourism protection and development regions and tourism centers may be exempted from restrictions related to foreigners in the Village Law No. 442 and Land Registry Law No. 2644 by Presidential decree. (Amended phrase Official Gazette Date: 07.07.2018 Official Gazette No: 30471 2nd Repeated Decree Law No: 700/68)

F. The provisions of this article are also applied to immovables in places outside culture and tourism protection and development regions and tourism centers but allocated for tourism by zoning plans, upon the Ministry's request when an application is made to invest in these regions. (Amended paragraph Official Gazette Date: 01.08.2003 Official Gazette No: 25186 Law No: 4957/3)

G. Allocations of tourism, education, and recreation facilities and lands belonging to public institutions in culture and tourism protection and development regions and tourism centers are abolished by the allocating authority upon the Ministry's proposal and the Ministry of Finance's approval, and disposal rights are transferred to the Ministry. (Added paragraph Official Gazette Date: 01.08.2003 Official Gazette No: 25186 Law No: 4957/3)

H. The entire culture and tourism protection and development region or its subregions determined by plans or one or more parcels may be allocated by the Ministry in accordance with plan purposes. Applications for allocation of the entire region or subregion to a single main investor are evaluated by the President, who grants preliminary permission and decides on preliminary permission conditions. Procedures are carried out by the Ministry according to preliminary permission conditions. (Amended sentence Official Gazette Date: 13.01.2007 Official Gazette No: 26402 Law No: 5571/14)

If the investor's projects are approved by the Ministry, the preliminary permission is converted into final permission by the Ministry following the issuance of the investment certificate.