On December 24TH, 2021, the Ministry of Commerce, Industry and Tourism issued Decree 1836 of 2021 which amends Decree 1074 of 2015 regarding the National Tourism Registry (“RNT“).
Let us recall that the RNT is a prerequisite and mandatory requirement for Touristic Service Providers (“TSP“) to provide services of this nature within the country. Failure to comply with this requirement may imply the closing of the establishment where the services are offered, as well as a prohibition to provide tourist services for up to five (5) years.
The following is a summary of the most relevant sections of the Decree:
| Topic | Comments |
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Definition of tourism services. Law 2068 of 2020 Broadening of the Concept |
Per the Decree and Law 2068 of 2020, a TSP is anyone, domiciled in Colombia or abroad, that performs any of the following activities in the ordinary course of business:
The tourism service provider may be a natural person or a legal person. |
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Requirement to obtain an RNT |
The RNT is a mandatory prerequisite for all TSP. |
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Form of Registration, Suspension, Updating, Renewal, Reactivation and Cancellation of the Registry |
Registration and other associated actions (i.e., renewal, updating) must be carried out through the electronic platform to be enabled by the Chambers of Commerce. TPS must perform the registration or other actions through the platform of the Chamber of Commerce located in their domicile. Foreign electronic or digital platforms must be registered in the Chamber of Commerce of Bogota. |
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Permanent establishment |
Registration in the RNT shall not constitute domicile in Colombia or the configuration of a Permanent Establishment. Nor does it implies an obligation to have a branch, representative or permanent affiliation in Colombia. |
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Protection of Personal Data in the National Tourism Registry |
The Chambers of Commerce that collect personal data must comply with the obligations derived from the Personal Data Law. |
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Proof of Registration |
The NTR will be proved with the certificate issued by the Chamber of Commerce where the TSP is registered. |
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Obligation to display the Certificate |
TSP must display the certificate issued by the respective Chamber of Commerce in a visible place in their establishment or on their website. |
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Important clarifications on the general requirements for registrations |
Tourism service providers must register separately each of their commercial establishments, branches, agencies and real estate in which they provide tourism services. |
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Special Requirements for Car and Vehicle Rental Providers |
The vehicle lesser for national and international tourism must, in addition to the general requirements set forth in the Decree, fill out a list of the vehicles owned to provide such service. When the respective Chamber of Commerce issues the certificate of registration, it will also issue a list of all the vehicles indicated by the vehicle company. |
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Registry Renovation |
The NTR must be renewed every year before March 31st.. If the service provider does not renew the registration before March 31st of each year, the registration will be suspended until the renewal is completed. If the tourism service provider’s registration is suspended, the tourism establishments will not be able to operate, nor the service providers be able to develop their activities. Operating without registration may imply the suspension of the registration for a term of up to 5 years. |
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Obligation to display the Certificate and the Promotion of services through digital platforms. |
Digital platforms through which Tourism Service Providers offer or intermediate tourism services are required to display in a visible place on the website the RNT Registration Certificate. Likewise, when other providers use the platforms to advertise their services, they must submit the following elements to the platform operators: (i) Name or Company Name, depending on the case, (ii) National Tourism Registry Number, (iii) And the services offered by the operator, the conditions of service, and the confirmation and cancellation policy. The last two must be visible in the ad. When the providers do not comply with the obligation to display the National Tourism Registration Number, the platform operators must refuse to publish or withdraw the ad. |
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Protection of personal data by the Tourism Service Provider and the electronic and digital platforms. |
The platforms and their operators are obliged to comply with the provisions of the Data Protection Law. However, national authorities may request certain information for statistic, fiscal or vigilance means. |
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Special Tourism Contributions |
TSP may be subject to a Special Touristic Contribution. This tax is paid to the National Touristic Fund. |