Translation from Lithuanian

Translation from Lithuanian Translation from Lithuanian GOVERNMENT OF THE REPUBLIC OF LITHUANIA R E S O L U T I O N No. 1550 On Licensing the Provision of Tourist Services Vilnius, 8 December 1995 On the basis of the Law "On the Amendments and Supplements of the Law on Enterprises of the Republic of Lithuania" (Records, 1995, No. 60 - 1503) and the Resolution of the Seimas of the Republic of Lithuania "On the Implementation of the Amendments and Supplements of the law on Enterprises of the Republic of Lithuania" No. I-1016 adopted on 5 June 1995, (Records, 1995, No. 60-1504), the Government of the Republic of Lithuania r e s o l v e s:

1. To approve Regulations on licensing the provision of tourist services (attached).
2. to instruct the State Department of Tourism under the Ministry of Public Administration Reforms and Local Authorities to issue licenses for provision of tourist services, to implement the monitoring of compliance with the provisions regulating the given activity as well as suspend and cancel the validity of the licenses in question.
3. to establish that Regulations on licensing the provision of tourist services approved by the given Resolution shall be applicable from 1 January
4. Prime Minister Adolfas Ðleþevièius Minister of Public Administration Reforms Mindaugas Stankevièius and Local Authorities APPROVED by Resolution No. 1550 of 8 December 1995 of the Government of the Republic of Lithuania Regulations on Licensing the Provision of Tourist Services General Provisions
5. The Regulations establish the procedure of license issuance, the order of suspension or cancellation of their validity for the registered enterprises of the Republic of Lithuania wishing to engage in the provision of tourist services.
6. Tourist services shall include: 2.
7. organization of individual or group trips and visits as well as official registration of their documents. These services may be sold directly to the consumers or other tourist enterprises; 2.
8. servicing of tourists throughout their trip or visit: advance booking and/or selling of tickets for passenger transportation facilities, organization of transportation, booking of sleeping accommodation, advance booking of places in public catering institutions. These services may be sold directly top the consumers or other tourist enterprises; 2.
9. implementation of the tourist programme: organization of excursions in cities, museums, monuments of culture or nature, provision of tourists with guides, organization of entertainment and leisure time activity programmes etc.
10. Licences for provision of tourist services shall be issued by the State department of Tourism under the Ministry of Public Administration Reforms and Local Authorities (thereafter referred to as State Department of Tourism).
11. Licenses shall be issued for the period of one year following the order of the Director of the State Department of Tourism, which shall be published in Records. The order shall indicate the following information: name of the enterprise, its address, code, licence number, time of issuance and validity period of a licence.
12. The State Department of Tourism shall register the issued licences in the standard Register indicating the name of the enterprise, its code, address, licence number, validity period as well as the dates of issuance, suspension of validity, revocation of suspension of validity and cancellation of the licence.
13. Provisions of the given Regulations on the advance booking of seats of passenger transport vehicles and/or selling tickets, organization of transportation, booking of accommodation, advance booking of places in public catering institutions shall not apply to the enterprises using their own facilities to provide the given services.
14. These Regulations shall not apply to enterprises, the activities of which do not aim to provide tourist services, but which render the said services only in cases of general meetings, conferences, congresses or some other similar events or on irregular basis provide them to their members, shareholders or employees during the organized trips. Requirements to Obtain the Licence
15. Applying for a licence an enterprise shall have to meet the following requirements: 8.
16. the enterprise (or subdivision of the enterprise the basic activity of which is not the provision of tourist services) shall be run by a person having higher or tertiary education and no less than two years of service in the sphere of tourism; 8.
17. the enterprise shall have premises for its office, which may not be located in an apartment; 8.
18. the enterprise office shall be equipped with no less than two telecommunication lines, one of which shall serve as fax communication line.
19. The enterprise applying for a licence shall submit to the State Department of Tourism: 9.
20. an application of a standard form to obtain a licence as established by the State Department of Tourism, signed by the head of the enterprise or all founders of the enterprise; 9.
21. a copy of the enterprise regulations (in cases when they have to be prepared); 9.
22. a copy of certificate of the enterprise name registration issued by the State Patent Agency; 9.
23. a copy of certificate of the enterprise registration with the Enterprise Register of the Republic of Lithuania; 9.
24. a certificate of the tax Inspectorate on the taxes paid and income declared. The certificate shall have to be issued not earlier than a month prior to the submission of the application; 9.
25. remittance with bank stamps or confirmation receipt on the stamp tax paid (submitted after the decision to issue the licence is made); 9.
26. a copy of the agreement of enterprise establishment (in cases when such agreement is concluded); 9.
27. estimates of revenues of the enterprise in the first year of its activities; 9.
28. list of the employees in the sphere of tourism (names, family names, home addresses and telephone numbers); 9.
29. data of the head of the enterprise or its subdivision (name, family name, home address, telephone number, copy of the higher or tertiary education diploma as well as papers testifying to the experience in the sphere of tourism); 9.
30. document testifying the legal use of the enterprise office. Issuance of the Licence
31. The State Department of Tourism accepts, examines and stores enterprise documents as specified in Articles 9 and 16 of the given Regulations.
32. The decision of the State Department of Tourism to issue a licence shall be adopted within 30 days after the receipt of the application and the documents, specified in Article 9 of the given Regulations.
33. Upon the adoption of the decision to issue a licence, the State Department of Tourism shall grant it to the enterprise in the Lithuanian and English languages indicating the name of the enterprise, its type, code, office address, date of issuance and the validity period. The licence shall have to be signed by the director of the State Department of Tourism. His signature shall be confirmed by a seal.
34. The State Department of Tourism shall have the right not to issue a licence if: 13.
35. the enterprise fails to submit all documents specified in Articles 9 and 16 of the Given Regulations; 13.
36. the documents submitted do not conform to the requirements or are not fully or properly filled in; 13.
37. data submitted are false; 13.
38. the enterprise does not conform to the requirements specified in Article 8 of the given regulations; 13.
39. the activities of the enterprise do not conform to the laws and other legal acts of the Republic of Lithuania.
40. After the decision not to issue a licence has been made, the State Department of Tourism shall inform the applicant in writing on the refusal to grant a licence and shall specify the reasons. The enterprise shall have the right, within the period of 14 days after the date of refusal to grant a licence, to submit an application in writing to the State Department of Tourism with a request reconsider the issuance of a licence, indicating at the same time the new data submitted or giving certain explanations. The State Department of Tourism shall have to examine the written application of the enterprise and adopt a decision in 3 days after its receipt. The enterprise which was refused to be granted a licence may again apply to the State Department of Tourism for a licence after the reasons preventing the issuance of the said licence have been eliminated. The application shall be examined in accordance with the prescribed procedure.
41. In the event of loss or damage of the licence certificate within the period of its validity, the licensee shall make an announcement about the loss in one of the daily newspapers of the Republic of Lithuania and apply to the State Department of Tourism for a duplicate of the licence. The duplicate is issued with the mark ”duplicate”.
42. Upon expressing in writing a wish to continue the provision of tourist services, enterprises shall have in the period of 14 days prior to the expiry of the date of the licence to submit to the Sate Department of Tourism the following documents: 16.
43. standard evaluation form established by the State Department of Tourism; 16.
44. certificate of the Tax Inspectorate on the taxes paid and income declared; 16.
45. remittance with bank stamps or confirmation receipt on the stamp tax paid (submitted after the decision to issue a licence has been made); 16.
46. the original of the former licence certificate. Rights and Duties of Licence Holders
47. The enterprise granted a licence to provide tourist services (thereafter referred to as licence holder) shall have the right to provide all types of services as specified in Article 2 of the given Regulations.
48. If necessary, the licence holder shall submit the data as specified in the given Regulations of the State Department of tourism.
49. The licence holder shall indicate the name of the enterprise, its address, telephone number and the number of the licence in all announcements and publications. The licence shall be securely stored and produced on request.
50. The licence holder shall submit to the State Department of Tourism the information on the changes in the data indicated in the licence, telephone numbers, employees responsible for the tourist activities not later than in the period of 10 days after the day the said changes have been made. Suspension of the Validity of the Licence
51. The State Department of Tourism shall have the right to suspend the validity of the licence or cancel it if: 21.
52. it turns out that the data provided for the issuance of the licence was false; 21.
53. the enterprise itself stops the licenced activities and asks in writing to cancel the validity of the licence; 21.
54. the enterprise is liquidated or reorganised; 21.
55. providing the tourist services the enterprise violates the laws or other legal acts of the Republic of Lithuania; 21.
56. the enterprise fails to conform to the given Regulations or the Regulations on the provision of tourist services; 21.6 the enterprise, holding the licence to provide tourist services, uses it only for mediation or obtaining of visas.
57. If in the period of 30 days after the suspension of the validity of the licence the enterprise fails to eliminate the specified violations, the validity of the licence shall be canceled.
58. The order of the director of the State Department of Tourism on the suspension or cancellation of the validity of the licence as well as the revocation of the suspension or cancellation of the validity of the licence shall be published in “Valstybës þinios” (Records) (specifying the enterprise code, its name, address, licence number, and date of issuance). The order on the issuance of the licence for the enterprise under establishment shall be published only upon its registration with the Enterprise Register of the Republic of Lithuania.
59. The enterprise shall have the right to request an explanation in writing for the cancellation of the validity of the licence. The explanations shall be given not later than in the period of 14 days after the receipt of the said request.
60. Upon the cancellation of the licence the enterprise shall deliver the licence to the State Department of Tourism within 15 working days.
61. After the validity of the licence has been canceled, the new licence may be granted not earlier than in the period of 6 months after the cancellation of the validity of the licence. Licence Taxes
62. The stamp tax shall be collected for the issuance of the licence according to the established procedure of the Law on Stamp Tax of the Republic of Lithuania and the resolutions of the Government of the Republic of Lithuania. ________________________