Changes to the National Tourism Registry

On December 24, 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”).

Remember that the RNT is a prerequisite and a mandatory requirement for Tourist Service Providers (“PST”) to provide services of this nature on national territory. Failure to comply with this requirement may result in the closure of the establishment where the services are offered, as well as a ban on providing tourist services for up to five (5) years.

Here is a summary of the most relevant articles of the decree:

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Definition of tourism services. Law 2068 of 2020

Expansion of the concept

According to Decree and Law 2068 of 2020, a TSP is any person, domiciled in Colombia or abroad, who carries out any of the following activities in the normal course of business:
  • Render, directly or indirectly, tourist services.
  • Serves as an intermediary in tourist services.
  • Contracts, markets, sells or reserves, directly or indirectly, tourist services.

The tourist service provider can be a natural person or a legal person.

Obligation to obtain an RNT

The RNT is a mandatory prerequisite for all TSPs.

Registry Registration, Suspension, Update, Renewal, Reactivation and Cancellation Form

Registration and other related actions (i.e. renewal, update) must be done through the electronic platform to be activated by chambers of commerce.

TPS must perform registration or other actions through the Chamber of Commerce platform located at its home. Foreign electronic or digital platforms must be registered with the Bogota Chamber of Commerce.

A permanent establishment

Registration in the RNT does not constitute a domicile in Colombia or the configuration of a permanent establishment. Nor does it imply the obligation to have a branch, representative or permanent affiliation in Colombia.

Protection of personal data in the National Tourism Registry

Chambers of commerce that collect personal data must comply with the obligations arising from the law on personal data.

Proof of registration

The NTR will be proven by the certificate issued by the Chamber of Commerce where the TSP is registered.

Obligation to display the certificate

TSPs must display the certificate issued by the respective chamber of commerce in a visible place in their establishment or on their website.

Important details on the general conditions of registration

Tourism service providers must separately register each of their business establishments, branches, agencies and real estate in which they provide tourism services.

Special requirements for car and rental vehicle suppliers

The vehicle rental company for national and international tourism must, in addition to the general requirements set out in the decree, complete a list of vehicles owned to provide this service.

When the respective Chamber of Commerce issues the registration certificate, it also issues a list of all vehicles indicated by the vehicle company.

Renovation of the register

The RNT must be renewed each year before March 31. If the Service Provider does not renew the registration by March 31 of each year, the registration will be suspended until the renewal is completed.

If the registration of the tourist service provider is suspended, the tourist establishments will not be able to operate, nor the service providers will be able to develop their activities. Exploitation without registration may result in suspension of registration for up to 5 years.

Obligation to display the certificate and promote the services through digital platforms.

The digital platforms through which the Tourist Service Providers offer or operate tourist services are required to display in a visible place on the website the RNT Registration Certificate.

Similarly, when other providers use the platforms to advertise their services, they must submit the following to the platform operators: (I) Name or company name, as the case may be, (ii) National Tourism Registry Number, (iii) And the services offered by the operator, the terms of service and the confirmation and cancellation policy. The last two must be visible in the ad.

When service providers do not comply with the obligation to display the National Tourist Registration Number, platform operators must refuse to publish or withdraw the advertisement.

Protection of personal data by the Tourist Service Provider and electronic and digital platforms.

Platforms and their operators are required to comply with the provisions of data protection law. However, national authorities may request certain information for statistical, tax or vigilance purposes.

Special contributions from tourism

TSP may be subject to a Special Tourist Contribution. This tax is transferred to the National Tourism Fund.

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