Government involvement in Tourism

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Preparation for incoming tourlaw quiz
Romeo Merjudio
Mind Map by Romeo Merjudio , updated more than 1 year ago
Romeo Merjudio
Created by Romeo Merjudio almost 9 years ago
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Resource summary

Government involvement in Tourism
  1. History of Tourism Law
    1. 1956 - RA No. 1478 creating the Board of Travel and Tourist Industry
      1. Philippine Tourist and Travel Association – First exclusive agency of the government involved in the promotion of the tourist industry.
        1. 1973 – PD No. 189 created the Department of Tourism (DOT).
          1. 2009 – RA 9593 otherwise known as the “Tourism Act of 2009
            1. Reorganized government agencies attached to the DOT.
          2. Other agencies attached to the DOT
            1. Intramuros Administration (IA) - PD 1616

              Annotations:

              •    Responsible for the orderly restoration and development of Intramuros as a monument to the Hispanic period of Philippine history. It is mandated to ensure that the general appearance of Intramuros would have to conform to Philippine Spanish architecture of the 16th to 19th century.   
              •    Responsible for the orderly restoration and development of Intramuros as a monument to the Hispanic period of Philippine history. It is mandated to ensure that the general appearance of Intramuros would have to conform to Philippine Spanish architecture of the 16th to 19th century.   
              1. National Parks Development Committee (NPDC) – EO No. 30

                Annotations:

                • Provide the general public with access to and enjoyment of an open park through well-managed-and-maintained facilities and structures, well-developed environment through landscape design and plant ornaments, while assuring their safety and security, and orderliness in the entire park.Showcase national heritage through programs aimed to promote Filipino arts, culture and tradition, and exchanges with other nations, conceptualize events and activities of socio-cultural-economic-physiological impact such as sports competitions and exhibitions, and develop national consciousness.Develop new parks.Develop conducive business climate consonant to preservation of historical significance, support livelihood and income generating  endeavors through partnership with the community and NGOs.Ensure viability of NPDC’s financial position in support of its goals and objectives.Establish inter-agency linkages to achieve the agency’s thrusts and programs.
                1. Philippine Retirement Authority (PRA)

                  Annotations:

                  • The Philippine Retirement Authority (PRA) is a government owned and controlled corporation established in 1985, under Executive Order 1037. Its vision is to make the Philippines a globally competitive and preferred retirement destination in Asia. And its mission is to provide excellent and world class services centered towards customer-valued quality of life that is easy, pleasant and beneficial to foreign retirees and global Filipinos, as a channel of accelerating the socio-economic development of the country. The PRA offers the Special Resident Retiree’s Visa (SRRV) to qualified foreign retiree-enrollees to the program. The SRRV is a lifetime visa that allows the holder to permanently reside, gain employment or study in the Philippines. It also grants the holder to have multiple entry to the Philippines at any time. It likewise provides exemptions from income tax over the members’ pension and annuities, and specific customs duties and taxes.
                  1. Philippine Commission on Sports Scuba Diving

                    Annotations:

                    • The Commission is hereby mandated to: 1. Promulgate programs and projects geared to the development of the country as a premier diving area in Asia.2. Formulate rules, regulations, safety standards and operating procedures to implement the development of Sports SCUBA Diving.3. The Commission shall undertake studies, researches and surveys for possible incentives to the private sector who may wish to undertake projects and programs beneficial to the development of SCUBA Diving Tourism within the framework of related Presidential Decrees.4. The Commission is expressly directed to formulate and implement programs on marine conservation, particularly those areas of high touristic value.
                  2. Mandate of DOT (Give authority)
                    1. The Department of Tourism, shall be the primary planning, programming, coordinating, implementing and regulatory government agency in the development and promotion of the tourism industry, both domestic and international, in coordination with attached agencies and other government instrumentalities. It shall instill (put) in the Filipino the industry’s fundamental importance in the generation of employment, investment and foreign exchange (Sec. 5 of Tourism Law of 2009)
                      1. Powers and Functions of DOT
                        1. A. Formulate tourism policies, plans and projects for the development of tourism as an engine of socio-economic and cultural growth;
                          1. B. Supervise and coordinate the implementation of tourism policies, plans and project;
                            1. C. Call upon all agencies of government to properly carry out their programs in relation to and in coordination with the policies, plans and projects of the Department and to assist in the implementation thereof;
                              1. D. Communicate to the President, and the heads of departments, agencies and Instrumentalities of the government, the impact upon tourism and the economy of proposed governmental actions;
                                1. E. Provide an integrated market development program to attract people to visit The Philippines and enhance the prestige of the country and the Filipino people in the international community;
                                  1. F. Represent the government in all domestic and international conferences and fora, and in all multilateral or bilateral treaties and international agreements concerning tourism, and ensure the government’s implementation thereof and compliance with all obligations arising there from;
                                    1. G. Request the President for representation in all government agencies, offices, boards, commissions and committees that may affect tourism;
                                      1. H. upon relevant government departments, agencies and offices, in consultation with the private sector, to provide access to travel, to facilitate the process of obtaining and extending visas, to integrate and simplify travel regulations and immigration procedures and to ensure their efficient, fair and courteous enforcement to assure expeditious and hospitable reception of all visitors;
                                        1. I. Support, advance and promote the protection, maintenance and preservation of historical, cultural and natural endowments, in cooperation with appropriate government agencies and the private sector, and take appropriate measures against acts and omissions contrary to these objectives;
                                          1. J. Monitor conditions of any community in the Philippines and, in in consultation with the LGUs and law enforcers, issue timely advisories on the safety or viability of travel to particular places within the Philippines and on patronage of entities engaged in tourism related activities and of tourism products;
                                            1. k. Evaluate tourism development projects for the issuance of permits and the grant of incentives by appropriate government agencies, establish a databank of tourism areas and projects for investment purposes, and encourage private sector investment and participation in tourism activities and projects;
                                              1. L. Formulate and promulgate, in consultation with the LGUs, the private sector industries and other tourism stakeholders, rules and regulations governing the operation and activities of all tourism enterprises, including but not limited to a national standard for licensing, accreditation and classification of tourism enterprises, prescribing therein minimum levels of operating quality and efficiency for their operation in accordance with recognized international standards, impose reasonable penalties for violation of accreditation policies and recommend to the LGUs concerned the suspension or prohibition of operation of a tourism enterprise;
                                                1. M. Monitor the LGUs’ compliance to national standards in the licensing of tourism enterprises, receive and investigate complaints concerning these enterprises, and act on such complaints to properly implement the provisions of this Act;
                                                  1. N. Ensure the proper coordination, integration, prioritization and implementation of local tourism development plans with that of the National Government;
                                                    1. O. Provide technical assistance to LGUs in destination development, standard setting and regulatory enforcement;
                                                      1. P. Undertake continuing research studies and survey to analyze economic conditions and trends relating to tourism and travel, and compile and integrate a statistical databank on the tourism industry;
                                                        1. Q. Delegate to regional offices, in coordination with LGUs, specific powers and functions in the implementation of tourism policies, plans and projects;
                                                          1. R. Collect necessary fees and charges for the proper implementation of tourism policies, plans and projects;
                                                            1. S. Exercise such other powers and functions as are necessary for the implementation of this Act.
                                                            2. DOT OFFICES
                                                              1. DOT Proper (Offices of the Secretary; Undersecretaries and Assistant Secretaries)
                                                                1. DOT Offices
                                                                  1. DOT Services and Units
                                                                    1. DOT Regional Offices
                                                                      1. DOT Foreign Offices
                                                                    2. Secretary - Ramon R. Jimenez, Jr. Undersecretary, Tourism Development – Daniel G. Corpuz Undersecretary, Tourism Regulation, Coordination and Resource Generation – Atty. Maria Victoria V. Jasmin Undersecretary for Special Concerns and Administration – Ma. Theresa I. Martinez
                                                                      1. Undersecretary for Tourism Development, who shall be responsible for the Office of Product Development, the Office of Tourism Development Planning, Research and Information Management and the Office of Industry Manpower Development;
                                                                        1. b)Undersecretary for Tourism Regulation, Coordination and Resource Generation, who shall be responsible for the Office of Tourism Standards and Regulations, the Office of Tourism Coordination, the Office of Tourism Resource Generation and all Regional and Foreign Offices;
                                                                          1. (c) Undersecretary for Special Concerns and Administration, who shall be responsible for the Office of Special Concerns, the Financial and Management Service, Administrative Affairs
                                                                    3. Office of Tourism Standards and Regulation
                                                                      1. A. Formulate and enforce standards for the operation and maintenance of tourism enterprises, prescribing minimum and progressive levels of operating quality and efficiency consistent with local and international standards;
                                                                        1. B. Coordinate with relevant tourism enterprise associations, including adventure sports associations, in the formulation of rules and regulations, accreditation, and enforcement;
                                                                          1. C. Develop and enforce a comprehensive (complete) system of mandatory accreditation for primary tourism enterprises, and voluntary accreditation for secondary tourism enterprises, in accordance with prescribed guidelines and standards;
                                                                            1. D. Establish a system of registration, information, linkage, and mutual assistance among accredited tourism enterprises to enhance the value of accreditation and improve the quality of service rendered by such enterprises; and
                                                                              1. E. Evaluate tourism projects in accordance with standards and endorse (declare) the same to appropriate government agency for an availment of incentives, and provide technical assistance to incentive-giving institutions in the formulation of tourism incentives and the administration of their functions
                                                                              2. Other offices
                                                                                1. Office of Tourism Coordination - Increase connections between various government offices and the private sector and among the various entities in the private sector to properly implement tourism policy.
                                                                                  1. Office of Tourism Resource Generation – Tasked with the collection of the necessary fees and charges to be used by the DOT.
                                                                                    1. Tourism Development Fund – Will be used for the development, promotion and marketing of tourism and other projects of the DOT.
                                                                                    2. TIEZA
                                                                                      1. A body corporate created to designate, regulate, and supervise tourism economic zones (TEZs).
                                                                                        1. It is tasked to develop, manage, and supervise tourism infrastructure projects in the country.
                                                                                          1. It supervises and regulates the cultural, economic, and environmentally sustainable development of TEZs toward the primary objective of encouraging investments.
                                                                                            1. It can impose penalties.
                                                                                              1. It ceased (bring an end) to operate Duty Free Philippines.
                                                                                                1. TIEZA BOARD OF DIRECTORS
                                                                                                  1. The Department Secretary, as Chairperson;
                                                                                                    1. The TIEZA Chief Operating Officer, as Vice Chairperson;
                                                                                                      1. The TPB Chief Operating Officer;
                                                                                                        1. The DFA Secretary;
                                                                                                          1. The DTI Secretary;
                                                                                                            1. The DOTC Secretary; and
                                                                                                              1. Five (5) representative directors, to be appointed by the President, upon the recommendation of the Tourism Congress from a list of at least three (3) nominees per group. They must be Filipinos with recognized competence in business management, marketing, finance, tourism and other related fields and shall serve a term of office of three (3) years, which term may be extended for a period not exceeding three (3) years.
                                                                                                                1. The Secretaries of the DFA, the DTI and the DOTC shall each designate a permanent representative in the Board, who must possess relevant experience.
                                                                                                                  1. The permanent representative shall be duly authorized to act on behalf of the Secretary in his or her absence.
                                                                                                                    1. The Chairperson of the Tourism Board shall have voting rights in case of a tie.
                                                                                                                      1. The Tourism Board shall appoint a corporate secretary whose functions shall include the preparation of agenda for board meetings, in consultation with the Chairperson
                                                                                                                      2. The directors come from the following groups:Accommodation enterprises; Travel and tour services; Land, air, and sea tourist transport services; Conventions and exhibitions services and suppliers; and Other tourism enterprises.
                                                                                                                      3. Powers of the Board
                                                                                                                        1. a. Organize TIEZA in a manner most efficient and economical for the conduct of its business and the implementation of its mandate;
                                                                                                                          1. b. Develop and implement a plan to market the Philippines as a premier tourist destination;
                                                                                                                            1. c. Direct and coordinate the resources and efforts of the government and the private sector in the tourism and allied fields for the full realization of the tourism plans and programs;
                                                                                                                              1. d. Develop and promote the Philippines as a center for international meetings, incentives, conventions, exhibitions, sports, medical tourism, and other special events;
                                                                                                                              2. e. Engage in the business of tourism and perform acts in consonance ( harmony or agreement among components.) therewith (with or in the thing mentioned) such as, but not limited to, attending conventions and other events abroad in representation of the country, encouraging sales promotions and advertising, and implementing programs and projects with the objective of promoting the country and enticing tourists to visit its tourism destinations and to enjoy its tourism products;
                                                                                                                                1. f. Contract loans, indebtedness and credit, and issue commercial papers and bonds, in any local or convertible foreign currency from international financial institutions, foreign government entities, and local or foreign private commercial banks or similar institutions under terms and conditions prescribed by law, rules and regulations;
                                                                                                                                  1. g. Execute any deed of guarantee, mortgage, pledge, trust or assignment of any property for the purpose of financing the programs and projects deemed vital for the early attainment of its goals and objectives, subject to the provisions of the Constitution
                                                                                                                              3. Tourism Promotions Board (TPB)
                                                                                                                                1. It is a corporation tasked with formulating and implementing an integrated domestic and international promotions and marketing program for the DOT.
                                                                                                                                  1. PD No. 867 (1976) – Philippine Convention Bureau
                                                                                                                                    1. PD No. 1448 (amendment) – PCB is a non-stock and non-profit corporate body
                                                                                                                                      1. EO NO. 120-A (1987) – Philippine Convention and Visitors Corporation
                                                                                                                                      2. Intramuros Administration
                                                                                                                                        1. It is responsible for the orderly restoration and development of Intramuros as a monument to the Hispanic period of Philippine history.
                                                                                                                                          1. It is mandated to ensure that the general appearance of Intramuros would have to conform to Philippine Spanish architecture of the 16th to the 19th century.
                                                                                                                                            1. The IA may directly, or in association with public or private enterprises, construct, lease, sell and otherwise operate shopping and commercial facilities in Intramuros.
                                                                                                                                            2. National Parks Development Committee
                                                                                                                                              1. National Parks Development Committee for the development of Quezon Memorial Circle, Luneta, and other national parks.
                                                                                                                                                1. EO No. 160 (1999) – Reorganized said committee.
                                                                                                                                                  1. NPDC is an agency of the government and not a GOCC.
                                                                                                                                                    1. Composed of Secretary of DOT; Executive Director of NPDC; GM of the PTA; Administrator of IA; Mayor of Manila; Usec of DPWH; Executive Director of PCVC.
                                                                                                                                                    2. Nayong Pilipino Foundation
                                                                                                                                                      1. To create a foundation that would promote, encourage and initiate (cause to begin) research and development projects and activities in social sciences, humanities, social and amelioration (improvement) and allied fields.
                                                                                                                                                        1. To formulate policies to develop and promote the Filipino national culture and arts, and to preserve Filipino cultural heritage.
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