Short Title.
Section 1
SECTION 1. Short Title. — This Act shall be known as "The Tourism Act of 2009".
RA 9593 (The Tourism Act of 2009) CHAPTER I
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.・Read the official text ↗
Declaration of Policy.
Section 2
SEC. 2. Declaration of Policy. — The State declares tourism as an indispensable element of the national economy and an industry of national interest and importance, which must be harnessed as an engine of socioeconomic growth and cultural affirmation to generate investment, foreign exchange and employment, and to continue to mold an enhanced sense of national pride for all Filipinos. Towards this end, the State shall seek to: Ensure the development of Philippine tourism that is for and by the Filipino people, conserve and promote their heritage, national identity and sense of unity; Recognize sustainable tourism development as integral to the national socioeconomic development efforts to improve the quality of life of the Filipino people, providing the appropriate attention and support for the growth of this industry; Promote a tourism industry that is ecologically sustainable, responsible, participative, culturally sensitive, economically viable, and ethically and socially equitable for local communities; Create a favorable image of the Philippines within the international community, thereby strengthening the country’s attraction as a tourism destination and eventually paving the way for other benefits that may result from a positive global view of the country; Develop the country as a prime tourist hub in Asia, as well as a center of world congresses and conventions, by promoting sustainable tourism anchored principally on the country’s history, culture and natural endowments, and ensuring the protection, preservation and promotion of these resources; and Encourage private sector participation and agritourism for countryside development and preservation of rural life.
Objectives.
Section 3
SEC. 3. Objectives. — Pursuant to the above declaration, the State shall adopt the following objectives: Develop a national tourism action plan and work for its adoption and implementation by national and local governments; Encourage activities and programs which promote tourism awareness, preserve the country’s diverse cultures and heritage, and instill a sense of history and a culture of tourism among the youth and the populace; All things being equal, grant preferential treatment to the employment of Filipino nationals in tourism-related enterprises; Provide full government assistance by way of competitive investment incentives, long-term development fund and other financing schemes extended to tourism-related investments; Ensure that tourism development protects and promotes the general well-being of the Filipino people, particularly in the area of investment, to include the monitoring and prevention of any act of profiteering or speculation to the detriment of local residents, as well as the exploitation of women and children in tourism; Encourage competition in the tourism industry and maximize consumer choice by enhancing the continued viability of the retail travel industry and independent tour operation industry; Enhance the collection, analysis and dissemination of data which accurately measure the economic and social impact of tourism in the country to facilitate planning in the public and private sectors; Ensure the right of the people to a balanced and healthful ecology through the promotion of activities geared towards environmental protection, conservation and restoration; Develop responsible tourism as a strategy for environmentally sound and community participatory tourism programs, enlisting the participation of local communities, including indigenous peoples, in conserving bio-physical and cultural diversity, promoting environmental understanding and education, providing assistance in the determination of ecotourism sites and ensuring full enjoyment of the benefits of tourism by the concerned communities; Strengthen the role of tourism councils and encourage the participation of nongovernment organizations (NGOs), people’s organizations (POs) and the private sector in initiating programs for tourism development and environmental protection; Promote the progressive development of existing civil aviation, land and sea transportation policies as they relate to tourism, in consonance with existing bilateral agreements and inter-agency pronouncements; Promote and ensure the convention-handling capability of the country as a world-class convention center; Achieve a balance in tourism development between urban and rural areas in order to spread the benefits of tourism and contribute to poverty alleviation, better access to infrastructure and to a reduction in regional imbalances; Enhance capability-building of local government units (LGUs), in partnership with the private sector, in the management of local tourism projects and initiatives, thereby ensuring accessible and affordable destinations throughout the country, especially in areas which have shown strong comparative advantage; Maintain international standards of excellence in all tourism facilities and services, and promote the country as a safe and wholesome tourist destination; Enhance international business relations for the support of tourism projects of the private sector, through partnerships, joint ventures and other cooperative undertakings involving local and foreign investors; Support the establishment of tourism enterprise zones (TEZs), which will provide the necessary vehicle to coordinate actions of the public and private sectors to address development barriers, attract and focus investment on specific geographic areas and upgrade product and service quality; and Ensure a sustainable funding mechanism for the implementation of tourism policies, plans, programs, projects and activities.
Definition of Terms.
Section 4
SEC. 4. Definition of Terms. — The following terms, as used in this Act, are defined as follows: "Department" refers to the Department of Tourism created pursuant to Presidential Decree No. 189 (1973), as amended. "Secretary" refers to the Secretary of Tourism. "Duty Free Philippines (DFP)" refers to the government agency created pursuant to Executive Order No. 46 (1986). "Duty Free Philippines Corporation (DFPC)" refers to the corporate entity created out of DFP pursuant to this Act. "Philippine Conventions and Visitors Corporation (PCVC)" refers to the corporate entity created pursuant to Presidential Decree No. 867, as amended. "Intramuros Administration (IA)" refers to the government agency created pursuant to Presidential Decree No. 1616 (1979), as amended. "Philippine Retirement Authority (PRA)" refers to the government agency created pursuant to Executive Order No. 1037 (1985). "Tourism Infrastructure and Enterprise Zone Authority (TIEZA)" refers to the government agency created pursuant to this Act. "Tourism Enterprise Zone (TEZ)" refers to tourism enterprise zones created pursuant to this Act. "TEZ overseer" refers to any person who shall be appointed by the TIEZA in specific zones to perform such functions as may be delegated by the TIEZA in accordance with law. "TEZ operator" refers to an entity duly incorporated under Batas Pambansa Blg. 68, otherwise known as The Corporation Code of the Philippines, and other relevant laws, whose capital may be provided by LGUs and/or private entities, and which shall administer and supervise each TEZ. "TEZ Administrator" refers to the person appointed by the Board of Directors of a TEZ operator who shall be responsible for implementing the policies, plans and projects of the TEZ operator. "Registered enterprise" refers to an enterprise located within a TEZ that is duly-registered with the TIEZA. "Philippine Tourism Authority (PTA)" refers to the existing implementation arm of the Department of Tourism created pursuant to Presidential Decree No. 189 (1973), as amended. "Tourism Promotions Board (TPB)" refers to the body corporate created under this Act. "Tourism enterprises" refers to facilities, services and attractions involved in tourism, such as, but not limited to: travel and tour services; tourist transport services, whether for land, sea or air transportation; tour guides; adventure sports services involving such sports as mountaineering, spelunking, scuba diving and other sports activities of significant tourism potential; convention organizers; accommodation establishments, including, but not limited to, hotels, resorts, apartelles, tourist inns, motels, pension houses and home stay operators; tourism estate management services, restaurants, shops and department stores, sports and recreational centers, spas, museums and galleries, theme parks, convention centers and zoos. "Primary tourism enterprises" refers to travel and tour services; land, sea and air transport services exclusively for tourist use; accommodation establishments; convention and exhibition organizers; tourism estate management services; and such other enterprises as may be identified by the Secretary, after due consultation with concerned sectors. "Secondary tourism enterprises" refers to all other tourism enterprises not covered by the preceding subsection. "Greenfield Tourism Zone" refers to a new or pioneer development, as determined by the TIEZA. "Brownfield Tourism Zone" refers to an area with existing infrastructure or development as determined by the TIEZA. "Foreign visitors" refers to all passengers using foreign passports. "Sustainable tourism development" refers to the management of all resources that meets the needs of tourists and host regions while protecting the opportunities for the future, in such a way that economic, social and aesthetic needs can be fulfilled while maintaining cultural integrity, essential ecological processes, biological diversity and life support systems.
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