TOURISM PATENTS

Any individual who runs a tourism agency, one branch of this agency located in a different district or any type of tourist accommodation structure is obligated to have a tourism patent which attests the professional competence in the touristic domain.

The tourism patent is the document which attests the professional proficiency in the touristic domain of the natural persons who manage the tourism agency or the accommodation structure.

The operations management of an accommodation structure or a tourism agency has to be performed by a natural person who has a tourism patent in the domain or a certificate obtained after graduating a course of managerial competence in the domain - organized by an authorized professional competence supplier, - or a B.S. /M.S. in tourism (Bachelor of Science/ Masters of Science in Tourism).

Depending on the level of professional competence, as well as on meeting the conditions imposed by law, the tourism patent is issued for the following positions:

• Manager in touristic activity;
• Tourism agency director;
• Hotel director;
• Lodge manager/ keeper.

The person in possession of the tourism patent can occupy other functions besides the ones inscribed on the patent. This means that:

• The manager in tourist activities can occupy any of the functions mentioned above;
• The hotel director can occupy either the position inscribed on the patent, or can be in charge of the operations management of another type of accommodation unit.

In order to obtain the tourism patent, the natural person has to present the following documents:

• Request application;
• Curriculum vitae, with a clear mentioning of the professional competence and experience, and with the following declaration: "I declare upon my own risk that the information from the present document is authentic, and if proven wrong, my tourism patent can be removed";
• Copy of the ID card;
• A certificatein a foreign language (a language of international circulation), except for the lodge manager (keeper);
• Criminal record certificate.

The tourism patent for the manager in tourism activity is issued for:

• A graduate, with a license exam, of an accredited tourism university, a graduate of a masters or doctorate program in tourism;
• A graduate, with a license exam, of an accredited university or college, who has completed a management course in tourism and who has a certificate in a foreign language of international circulation;

The tourism patent for a director of a tourism agency is issued for:

• A graduate, with a license exam, of an accredited university or college, who has completed a management course in tourism and who has a certificate in aforeign language of international circulation;
• A high school graduate who has completed a management course in tourism and who has a certificate in a foreign language of international circulation.

The tourism patent for a hotel director is issued for:

• A graduate, with a license exam, of an accredited university or college, who has completed a management coursespecific for hotel activities and who has a certificate in a foreign language of international circulation;
• A high school graduate who has completed a management course specific for hotel activities and who has a certificate in a foreign language of international circulation.

The tourism patent for a restaurant director is issued for:

• A graduate, with a license exam, of an accredited university or college, who has completed a management course specific for restaurant activities and who has a certificate in a foreign language of international circulation.
• A high school graduate who has completed a management course for restaurant activities and who has a certificate in a foreign language of international circulation.

The tourism patent for lodge manager is issued for:

• A graduate, with a license exam, of an accredited university or college, who has completed a management course specific for lodge managerial activities and who has a certificate in a foreign language of international circulation.
• A high school graduate who has completed a management course for lodge managerial activities and who has a certificate in a foreign language of international circulation.

The registration - issuing procedure for a patent:

The documentation for the issuing of the tourism patent is transferred to the Ministry of Regional Development and Tourism - the Directorate General for Tourism Control and Authorization.

• The applicant's request is processed in the shortest time possible - not more than 30 days since handing in the complete documentation. The term can be prolonged a single time, for a period of maximum 15 days. The validity of the documentation handed in initially will not be affected by the extension allowed by the ministry;
• The extension of the term for the patent issuing, as well as the timespan of this extension have to be explained adequately and the applicant has to be notify of the changes before the initial term expires;
• The tourism patent is considered granted in the situation in which the ministry has not responded in 30 days, with the exception that there is a justifiable explanation - urgent matters of general interest, including a legitimate interest of a third party.

The Ministry of Regional Development and Tourism through the Directorate General for Tourism Control and Authorization will send the applicant a confirmation upon receiving the request application, in 5 days' time since the receipt. The confirmation upon receipt has to comprise the following:

• The processing term of the request;
• The available means of counteracting the request;
• According to case, the declaration that the tourism patent is considered granted if a response is not given in the specified term.

In case of an incomplete request or documentation, the applicant is notified in the shortest time possible, but no more than 5 working days since the receipt of the request, about the need to hand in the additional documents, as well as about the consequences reflected upon the term of the request processing.

In case a request is rejected due to procedural reasons, the applicant is notified in the shortest time possible, but no more than 5 working days since the request is handed in.

In case the applicant does not meet the conditions to be granted a tourism patent, s/he is notified in writing about the reason behind this in the term specified in the confirmation upon receipt of the request application.

Important! The tourism patent is issued for an unlimited period of time.

In case of loss or deterioration of the tourism patent, the following documents are needed:

• The issuing request for the tourism patent;
• Copy of the ID card;
• Copy of the notice of having lost the patent published in Romania's Official Monitor;
• Copy of the patent or the original deteriorated patent;
• Criminal record.

In case you change your name, the following documents are needed:

• The issuing request for the tourism patent;
• Copy of the ID card;
• Copy of the marriage license/ divorce certificate;
• The patent in original;
• Criminal record.

Withdrawal of the tourism patent

According to Art. 11 from the Government Resolution no. 238/2001 concerning the conditions for granting license and tourism patent, the tourism patent is withdrew in the following situations:

• When the criteria which lays at the core of its issuing is no longer respected;
• When, due to reasons attributed to the title character of the tourism patent, the tourism license or the classification certificate of the touristic accommodation unit s/he runshas been annulled.

In order to obtain/change the tourism license, the economic operator submits the following documents:

• The issuing request for tourism patent;
• The certificate of good standing issued by the Trade Register Office according to Law no. 26/1990 concerning the trade register, republished and with the ulterior modifications and additions, which would present the activities that are authorized to be performed at the lucrative facility and the adequate NACE code(s), for the tourism agency under discussion, according to art. 15 from Law no. 359/2004 concerning the simplification of the registration procedure at the Trade Office for natural persons, family associations, and legal persons, their fiscal registration, as well as the functionality authorization for legal persons, with the ulterior modifications and additions;
• A copy of at least one of the documents belonging to the individual who is in charge of the operations management for the tourism agency: certificate of having graduated a managerial course (organized by an authorized professional competence supplier), Bachelor of Science/ Masters of Science/ Doctorate of Science in Tourism (university or post-university courses), tourism patent accordingto the position;
• Copy of the individual work contract for the person in charge of the operation management of the tourism agency registered according to law;
• Copy of the insurance policy concerning protecting the tourists in case of the tourism agency goes bankrupt;
• Memorandum slip of presenting the tourism agency
• Copy of the registration certificate at the Trade Register Office;
• Copy of the court decision for starting the company;
• Copy of the articles of association;
• Copy of the document which gives right of use over the space where the tourism agency is located (title deed or lease contract);
• Evidence of having paid the equivalent value of the services providedfor the issuing of the license.

The term for the issuing of the tourism license is of 30 days starting from the registration date of the complete documentation.