EXPLANATION of the procedure for the actions of individuals in the provision of excursion services
Paragraph 1 of Article 34 of the Law of the Republic of Belarus dated November 11, 2021 No. 129-Z "On Tourism" provides for a list of persons who are entitled to conduct excursions on the territory of the Republic of Belarus. Such persons include guides and translation guides who have passed professional certification confirming the qualifications of guides and translation guides (hereinafter, unless otherwise indicated, certification).
The provision of sightseeing services is possible in three forms.
The first form is as an employee in organizations engaged in tourism, on the basis of an employment contract, the procedure for concluding and acting on which is defined by the Labor Code of the Republic of Belarus and other labor legislation.
The second form is as a person performing work (rendering services) on the basis of a civil contract. Subject to the provisions of paragraph seventeen of part three of paragraph 1 of Article 1 of the Civil Code
According to the Code of the Republic of Belarus, the activities of such persons are not entrepreneurial in nature, provided that the civil contract meets the requirements of the legislation.
In particular, Decree No. 314 of the President of the Republic of Belarus dated July 6, 2005 "On certain measures to protect the rights of citizens working under civil law and employment contracts" stipulates that the following essential conditions must be specified in civil law contracts:
the subject of the contract, which is the performance of works, the provision of services and the creation of intellectual property objects (in particular, the provision of sightseeing services);
the procedure for calculating the parties under civil law contracts, including the amounts to be paid;
the obligation of the customer – a legal entity or individual entrepreneur who provides work to citizens under civil law contracts (hereinafter referred to as the customer), to pay for them
in accordance with the established procedure, mandatory insurance contributions for state social insurance to the budget of the state extra-budgetary fund for social protection of the Population of the Republic of Belarus;
obligations of the parties to ensure safe working conditions based on the obligations of the parties to the civil contract listed in subitems 1.3 and 1.4 of paragraph 1 of Decree of the President of the Republic of Belarus dated July 6, 2005 No. 314, and responsibility
for their non-fulfillment;
grounds for early termination of a civil contract;
liability for non-fulfillment by the customer of obligations to pay for work performed, services rendered, or intellectual property objects created in the form of a penalty in the amount
of at least 0.15 percent of the unpaid amount for each day of delay;
the customer's obligation to pay insurance premiums for compulsory insurance against industrial accidents and occupational diseases, if the performance of work, provision of services, creation of intellectual property objects under civil law contracts concluded with citizens is carried out in places provided by the customer.
The third form is as an individual entrepreneur, since the tour service is classified as an activity permitted to be carried out as an individual entrepreneur (Appendix 1 to Resolution No. 457 of the Council of Ministers of the Republic of Belarus dated June 28, 2024). In this case, there is a requirement to undergo state registration
in accordance with the established procedure as an individual entrepreneur.
It is important to note that guides and translation guides, regardless of their choice of work forms, are required to be certified in accordance with
with the Regulation on the procedure and conditions for passing professional certification confirming the qualifications of tour guides and translation guides, approved by Resolution No. 582 of the Council of Ministers of the Republic of Belarus dated September 2, 2022.
Violation of the legislation on entrepreneurship, as well as the prohibition on conducting excursions without passing certification, established in paragraph 4 of Article 34 of the Law of the Republic of Belarus "On Tourism", is an administrative offense and entails liability.:
according to part 2 of Article 13.3 of the Code of the Republic of Belarus
on administrative offenses – for carrying out business activities without state registration, when such registration is mandatory.;
according to part 3 of Article 13.3 of the Code
of Administrative Offences of the Republic of Belarus – for carrying out entrepreneurial activity when, in accordance
with legislative acts, such activity is illegal
and (or) prohibited. This also includes guided tours.
on the territory of the Republic of Belarus without passing certification, since paragraph 4 of Article 34 of the Law of the Republic of Belarus "On Tourism" establishes a corresponding ban.
At the same time, we note that, subject to the provisions of article 33 of the aforementioned Law, the tour service is provided only upon conclusion of a relevant contract with participants in tourism activities.
The contract for the provision of sightseeing services is considered to be concluded
in the proper form.:
when drafting a single text document, including a document in electronic form (including an electronic document), or exchanging text documents, including documents in electronic form (including electronic documents), which are signed by the parties personally or using means of communication and other technical means, computer programs, information systems or information networks, if this method of signing allows you to reliably establish, that the relevant text agreement for the provision of excursion services has been signed by its parties (facsimile reproduction of a handwritten signature using mechanical or other copying means, electronic digital signature or other analog of a handwritten signature providing identification of the party under the contract for the provision of excursion services),
and does not contradict the legislation and the agreement of the parties;
from the moment the document is issued to the tourist, which is generated by the cash register equipment and (or) the payment terminal and confirms payment for sightseeing services, regardless of the form of payment, or
from the moment of making a payment for sightseeing services through the automated information system of the unified settlement
and information space of the Republic of Belarus;
from the moment of issuing a receipt for sightseeing services in the form prescribed by the Ministry of Sports and Tourism, and a cash receipt or other payment document confirming payment for sightseeing services.
