الاستثمار السياحي في قانون العمران.

Abstract

The tourism investment process is one of the tributaries of economic development, and this process cannot be successful in isolation from urban planning and tourism planning. Therefore, we dealt with the issue of tourism investment in the Urban Law, the most important stages and steps of tourism development, starting from the national policy for preparing the region and the tools for their embodiment, which are considered The frame of reference for the directive plan for the tourism development, which is responsible for setting the national strategy for tourism development in the medium and long terms, and we also touched on modern approaches in the field of field development and tourism planning through intelligence and regional marketing as concepts developed to redraw a field picture according to well-studied and forward-looking standards for the entire national region. In order to embody these axes, the state oversaw the legal institutions to organize and lead urban and tourist development, through the central administration and the external interests of the Ministry of Urban Development and Tourism, and created directorates at local level to be an extension of the organizational structure of the sector. The tourism investment process is an organized process in which the competences of several sectors and ministerial departments overlap, and it is a process that cannot be carried out randomly, but must be carried out according to scientific planning. thoughtful work carried out by specialists, in particular at central government level. Therefore, regional and tourism planning is seen as a basis for tourism investment, because thoughtful planning processes orient development efforts according to a predetermined timeframe and according to existing tourism capacities and skills. In this context, the public authorities have worked to provide “tourist real estate” for which special zones have been created, called tourist expansion zones, which the State guarantees to prepare them and to link them to different networks and structures of basis in order to be ready to receive investment projects, and in order to preserve and manage them and not change their character, the State grants the investor In areas of tourist expansion, the plot of land is subject to a fixed-term “concession contract” renewable according to a set of conditions. This right confers on him the exercise of the right of preemption in the event that the investor benefiting from land in tourist expansion areas wishes to sell himself in order to sell the land or transfer ownership to another person, then the National Tourism Development Agency exercises its right of administrative preemption and replaces the buyer in this sale Tourist property can be classified as constructed property such as hotels and accommodation facilities, and unbuilt property, whether inside or outside of tourism expansion areas, as tourist property can be cultural real estate, a coastal strip, national reserves and barns, or heating stations, and most of these types They are included in national real estate and private property of the state, which is the principle of the agreement not to build or give up, but the Algerian legislator is an exception that has derogated from this rule and allowed specific conditions and measured standards to exploit these real estate in tourism investment, which is considered as a strategic sector Despite all this, the Algerian legislator has surrounded tourism investments in these areas with special legal protection within the framework of sustainable development, through which the environmental dimension must be taken into account in the implementation of tourism investment projects. and not to deplete and preserve natural and environmental capacities