Regulation on the Implementation of Penal Provisions of the Tourism Promotion Law

Institution: Ministry of Culture and Tourism

Date of Approval: 15.10.2008

Official Gazette Date: 15.10.2008

Official Gazette No: 27025

CHAPTER ONE: Purpose, Scope, Basis and Definitions

Purpose

ARTICLE 1 - (1) The purpose of this Regulation is to regulate the procedures and principles regarding the implementation of penalties specified in the Tourism Promotion Law No. 2634.

Scope

ARTICLE 2 - (1) This Regulation covers the provisions related to the implementation of the Tourism Promotion Law No. 2634 and the finalization of penalties.

Basis

ARTICLE 3 - (1) This Regulation has been prepared based on the provision of subparagraph (2) of paragraph (C) of the first paragraph of Article 37 of the Tourism Promotion Law No. 2634.

Definitions

ARTICLE 4 - (1) In this Regulation;

  • a) Ministry: refers to the Ministry of Culture and Tourism,
  • b) Inspection Personnel: refers to the Ministry inspectors and Ministry controllers,
  • c) Law: refers to the Tourism Promotion Law No. 2634 dated 12/3/1982,
  • ç) Tourism Investments and Enterprises: refers to tourism-oriented investments and enterprises certified by the Ministry under the Law.

CHAPTER TWO: Penalty Applications

Penalties

ARTICLE 5 - (1) According to the penalty provisions in the fifth section of the Law, warning penalties, fines, and certificate cancellation penalties to be given to certified tourism investments and enterprises are applied according to the provisions of this Regulation.

(2) In cases where inspections are carried out by persons other than Ministry controllers and inspectors under the Regulation on the Inspection of Tourism Investments, Enterprises and Establishments enacted by the Council of Ministers Decision No. 83/6181 dated 11/3/1983, if the findings require a penalty, this penalty can only be imposed by Ministry controllers or inspectors after necessary examination and evaluation. In the evaluation, it is considered whether the identified fault, deficiency, or shortcoming clearly constitutes a violation of the legislation, whether it was detected by the inspection personnel designated under the mentioned Regulation within the scope of the inspection specified in that Regulation, and whether the proposed action regarding the investment or enterprise is clearly stated.

(3) In calculating the one-year period for penalties, the notification date of the first penalty and the detection date of the act or acts requiring the penalty for subsequent penalties are taken as the basis.

(4) In cases requiring penalty application based on findings in tourism investments and enterprises, the date on which the fault, deficiency, or shortcoming is determined by the administration is taken as the basis.

(5) (REPEALED PARAGRAPH OFFICIAL GAZETTE: 27.01.2010 OG NO: 27475) (CODE 1)

(6) In cases requiring the application of a new penalty related to a different issue before the completion of the penalty notification process, new penalty or penalties are applied without waiting for the notification.

(7) If multiple penalties are applied with one inspection report, the enterprise is considered to have received one penalty for penalty record purposes.

(8) In penalties to be applied to enterprises certified by the Ministry as a result of findings made by public institutions and organizations, the findings made within one year prior to the date the document is received by the Ministry are taken into account. In these penalties, the penalty provisions and amounts valid at the date of the administrative sanction finding are applied.

(9) To ensure effective monitoring of penalties by the relevant unit; for each facility with a tourism investment and enterprise certificate, a penalty record is kept both electronically and in the facility files, including the dates of the minutes determining the penalties and the penalty notification dates.

Warning penalty

ARTICLE 6 - (1) For faults, deficiencies, and shortcomings observed in the administration and operation of tourism investments and enterprises, a warning penalty is given to the certificate holder by the Ministry or inspection personnel.

(2) The warning penalty given by the Ministry or inspection personnel according to the Law is final.

Administrative fines

ARTICLE 7 - (1) Administrative fines are applied in the cases and amounts specified in Article 33 of the Law.

(2) The reasons requiring administrative fines and the applicable penalty are determined by the inspection report. The said report and the administrative sanction decision minutes are notified to the relevant party in accordance with the Notification Law No. 7201 dated 11/2/1959.

(3) Administrative fines applied are paid by enterprises to accounting officers and accounting units (central accounting unit, finance directorates, or treasury accounting directorates) within one month from the notification date. The one-month period starts on the date of notification of the penalty.

(4) Penalties paid within fifteen days without resorting to judicial remedies are collected at three-quarters of the penalty amount from the operator. A copy of the payment documents is forwarded to the Ministry within fifteen days following the payment.

(5) If the administrative fine is not paid despite becoming final, the inspection report, administrative sanction decision minutes, and notification receipt are sent by the Ministry to the relevant tax office for collection according to the provisions of the Law on the Procedure for the Collection of Public Receivables No. 6183 dated 21/7/1953.

Certificate cancellation penalty

ARTICLE 8 - (1) The tourism investment and tourism enterprise certificate is canceled by the Ministry in cases specified in Article 34 of the Law. The cancellation decision is notified to the relevant party in accordance with the provisions of the Notification Law No. 7201.

Filing a lawsuit

ARTICLE 9 - (1) Against the administrative sanction decision, an application can be made to the Criminal Court of Peace under the provisions of the Misdemeanors Law No. 5326 dated 30/3/2005, and against the certificate cancellation procedure, an application can be made to the Administrative Court under the provisions of the Administrative Jurisdiction Procedures Law No. 2577 dated 6/1/1982.

(2) In case of application to the administrative court, actions are taken according to the court's decision on the merits or suspension of execution.

CHAPTER THREE: Miscellaneous and Final Provisions

Repealed Regulation

ARTICLE 10 - (1) The Regulation on the Implementation of Penal Provisions of the Tourism Promotion Law published in the Official Gazette No. 23529 dated 20/11/1998 has been repealed.

Entry into force

ARTICLE 11 - (1) This Regulation enters into force on the date of its publication.

Execution

ARTICLE 12 - (1) The provisions of this Regulation are executed by the Minister of Culture and Tourism.