旅行社管理条例 REGULATIONS ON THE ADMINISTRATION OF TOURIST
|
国务院令第205号 Chapter I General Provisions Article 1 These Regulations are formulated to strengthen the administration of tourist agencies， to safeguard lawful rights and interests of tourists and tourist agencies， to maintain the order in the tourist market and to promote the healthy development of the tourist industry. Article 2 These Regulations are applicable to tourist agencies established within the territory of the People's Republic of China and to resident offices established by foreign tourist agencies within the territory of the People's Republic of China （hereinafter referred to as “resident offices of foreign tourist agencies”）。 Article 3 Tourist agencies mentioned in these Regulations refer to those enterprises engaged in tourist business for profit. Tourist business mentioned in these Regulations refers to the non-gratis services and operational activities which include completing entry， departure and visa formalities on behalf of tourists， soliciting and receiving tourists， and making arrangements for their meals and accommodation. Article 4 The tourism administration department under the State Council shall be responsible for the supervision and management of tourist agencies in the whole country. Departments in charge of tourism of local people's governments at or above the county level shall， according to their functions， be responsible for the supervision and management of tourist agencies within their administrative areas. The departments prescribed in the first and second paragraphs in this Article are generally referred to as tourism administration departments. Article 5 Tourist agencies shall be divided into international tourist agencies and domestic tourist agencies according to the scope of their business. The scope of business for international tourist agencies shall include entry tourist services， exit tourist services and domestic tourist services. The scope of business for domestic tourist agencies shall be limited to domestic tourist services. Chapter II Establishment of Tourist Agencies Article 6 The following prerequisites shall be fulfilled for the establishment of a tourist agency： （1） having a fixed site for business； （2） having facilities necessary for business； （3） having trained operational personnel with a qualification certificate issued by the tourism administration departments of people's governments of provinces autonomous regions or municipalities directly under the Central Government； and （4） having a registered capital and a quality guarantee deposit as stipulated in Articles 7 and 8 of these Regulations. Article 7 The registered capital of a tourist agency shall meet the following requirements： （1） For an international tourist agency， the registered capital shall be no less than RMB 1，500，000 yuan； （2） For a domestic tourist agency， the registered capital shall be no less than RMB 300，000 yuan. Article 8 Anyone who applies for the establishment of a tourist agency shall pay a quality guarantee deposit to the tourism administration department in accordance with the following standards： （1） An international tourist agency shall pay RMB 600，000 yuan for engaging in entry tourist business and shall pay RMB 1，000，000 yuan for engaging in exit tourist business. （2） A domestic tourist agency shall pay RMB 100，000 yuan. The quality guarantee deposit and interest derived therefrom during the period when it is under the control of the tourism administration department shall belong to the tourist agency. The tourism administration department may， according to relevant state provisions， take a portion of the interest as costs of administration. Article 9 Anyone who wishes to establish an international tourist agency shall submit an application to the department in charge of tourism of the people's government of the province， autonomous region or municipality directly under the Central Government where his tourist agency is located. Upon the examination and approval of the very department， the application shall be transmitted to the tourism administration department under the State Council for verification and approval. Anyone who wishes to establish a domestic tourist agency shall submit an application to the department in charge of tourism of the people's government of the province， autonomous region or municipality directly under the Central Government for approval. Article 10 Anyone who applies for the establishment of a tourist agency shall submit the following documents： （1） a written application for establishment； （2） a feasibility study report for the establishment of the tourist agency； （3） articles of association of the tourist agency； （4） the curriculum vitaes of the manager and deputy managers of the tourist agency and qualification certificates prescribed in Item （3） of Article 6 of these Regulations； （5） a credit certificate provided by the bank where it has opened an account and an asset verification report provided by a certified public account and his public accountants' office or auditors' office； （6） a certificate for the site of business； and （7） a certificate for situation of facilities used in business. Article 11 After receiving the application， the tourism administration department shall verify it according to the following principles： （1） It shall conform to the development planning for tourist industry； （2） It shall meet the demand of tourist market； and （3） It shall fulfil the prerequisites prescribed in Article 6 of these Regulations. The tourism administration department shall， within 30 days from the date of receiving the application， make its decision of approval or not approval and notify the applicant. Article 12 The tourism administration department shall issue a Tourist Agency Permit for Tourist Business to the person whose application has been verified and approved. The person shall apply to the industry and commerce administrative department for a business licence on the strength of the permit. No one may engage in tourist business without the Tourist Agency Permit for Tourist Business. Article 13 A tourist agency that intends to change its scope of business shall， subject to the verification and approval of the tourism administration department that verified and approved its establishment， register the change with the industry and commerce administrative department. A tourist agency that intends to change its name， site of business， or legal representative， or to suspend its operations or close down shall go through the corresponding procedures for registering the change or cancelling its registration with the industry and commerce administrative department， and then submit the case to the tourism administration department that verified and approved its establishment for the record. Article 14 The tourism administration department shall practise an announcement system governing tourist agencies， including announcements concerning opening for business， change of name， change of business scope， suspension of operations and revocation of permit. Article 15 A tourist agency that receives more than 100，000 tourists a year may set up a branch without the status of legal person （hereinafter referred to as “branch”）。 For each branch it sets up， an international tourist agency shall increase its registered capital by RMB 750，000 yuan and its quality guarantee deposit by RMB 300，000 yuan. For each branch it sets up， a domestic tourist agency shall increase its registered capital by RMB 150，000 yuan and its quality guarantee deposit by RMB 50，000 yuan. A tourist agency shall practise unified management， unified accounting and unified solicitation and acceptance of tourists together with its branch. branches set up by tourist agencies shall put themselves under the supervision and control of the tourism administration departments of local people's governments at or above the county level in the places where they are located. Article 16 Anyone who applies for the establishment of a tourist agency with joint investment or to be jointly operated by Chinese and foreign sides shall， subject to the approval of his application according to the provisions set by the State Council， go through procedures as required by relevant laws and administrative regulations. Article 17 A foreign tourist agency that wishes to set up a resident office within the territory of the People's Republic of China shall apply to the tourism administration department under the State Council for approval. Any resident office of foreign tourist agencies may only engage in tourist consultation， liaison and publicity but may not engage in tourist business. Chapter III Management of Tourist Agencies Article 18 A tourist agency shall conduct business operations within the scope as verified and approved. A tourist agency shall comply with the principles of voluntariness， equality， fairness， honesty and credibility as well as business ethics in conducting business operations. Article 19 Any tourist agency may not resort to the following unfair means to engage in tourist business and cause damage to its competitors： （1） passing off a registered trademark of another tourist agency； （2） using a name of another tourist agency without authorization； （3） defaming other tourist agencies； （4） entrusting a unit or individual without the status of a tourist agency to conduct tourist business； or （5） committing other actions that disturb the order in the tourist market. Article 20 A tourist agency shall conclude written contracts with operational personnel it employs to agree upon rights and obligations of the two sides. Operational personnel shall not， without authorization of the tourist agency， disclose， use or allow others to use business secrets of the tourist agency possessed by him. Article 21 A tourist agency shall safeguard lawful rights and interests of tourists. A tourist agency shall provide tourists with truthful and reliable information concerning tourist services and shall not make false publicity. Article 22 A tourist agency shall， when organizing a tour， effect tourist accident insurance on behalf of the tourists and shall guarantee that its services will be provided according to the requirements for safeguarding the security of tourists and their belongings. It shall give the tourists truthful explanations and definite warnings concerning matters that may endanger the security of tourists and their belongings and shall take measures to prevent the damage. Article 23 A tourist agency shall charge tourists for its tourist services in accordance with the state provisions. Extra charges for additional service items during a tour shall be subject to the consent of the tourists. For each item of paid-services， the tourist agency shall， according to relevant state provisions， offer a service document to the tourists. Article 24 Tourists shall have the right to lodge complaints to the tourism administration department in any of the following cases where they suffer losses： （1） The tourist agency fails to attain the service quality standard as agreed upon in the contract due to its own fault； （2） The tourist agency fails to provide services up to the national standard or trade standard； or （3） The tourist agency causes loss of travelling expenses paid in advance by tourists due to its bankruptcy. The tourism administration department shall accept and handle complaints from tourists in accordance with the provisions of these Regulations. Article 25 Tourist guides and tourist leaders engaged by a tourist agency for accepting tourists or organizing oversea tours shall possess qualification certificates issued by a tourism administration department of people's governments at or above the level of a province， autonomous region or municipality directly under the Central Government. Article 26 When organizing oversea tours， the tourist agency shall select tourist agencies lawfully established and enjoying good reputation in the country or region concerned， and shall conclude written agreements with them before entrusting them to accept tourists. If the breach of agreement by an oversea tourist agency causes losses to the rights and interests of tourists， the domestic tourist agency organizing the oversea tour shall bear the responsibility for compensation before seeking reimbursement from the breaching oversea tourist agency. Article 27 A tourist agency shall， when soliciting and accepting tourists， make complete records and keep relevant documents and materials for the inspection by the tourism administration department. Chapter IV Supervision and Inspection Article 28 The tourism administration departments shall， according to law， strengthen the supervision and control over tourist agencies and resident offices of foreign agencies in order to maintain the order of tourist market. Article 29 Tourist agencies shall subject themselves to the supervision and inspection by the tourism administration departments over their business operations in such aspects as service quality， tourist security， price offering， financial accounts and foreign exchange receipts and payments. Personnel of the tourism administration departments shall show their certificates when performing their duties of supervision and inspection. Article 30 The tourism administration departments shall conduct an annual inspection each year over every tourist agency. Tourist agencies inspected shall， as required by the tourism administration departments， provide an annual inspection report， statement of assets， financial statement and other relevant documents and materials. Article 31 The tourism administration departments shall make strict control over the quality guarantee deposit and shall use the deposit for the compensation for economic losses of tourists according to relevant state provisions. No unit and individual may embezzle the quality guarantee deposit. Chapter V Penalty Article 32 If anyone violates the provisions of the second paragraph of Article 12 and the second paragraph of Article 17 of these Regulations， the tourism administration department shall order him to stop unlawful business operations， confiscate his unlawful earnings and concurrently impose a fine from RMB 10，000 yuan to RMB 50，000 yuan. Article 33 If anyone violates the provisions of the first paragraph of Article 18， Article 22， the first paragraph of Article 23， Article 25 and the first paragraph of Article 26 of these Regulations， the tourism administration department shall order him to make corrections within a time limit and， if any， confiscate his unlawful earnings. If he has not made corrections at the expiration of the prescribed time limit， he shall be ordered to suspend his business operations for 15 to 30 days for rectification and may be concurrently imposed a fine from RMB 5，000 yuan to RMB 20，000 yuan. If the circumstances are serious， his Tourist Agency Permit for Tourist Business may be revoked. Article 34 Anyone violating the provisions of Article 19 and the second paragraph of Article 21 of these Regulations shall be punished in accordance with the relevant provisions of the Trademark Law of the People's Republic of China and the Law of the People's Republic of China for Countering Unfair Competition. Article 35 If anyone violates the provisions of Article 27 and the first paragraph of Article 29 of these Regulations， the tourism administration department shall order him to make corrections within a time limit and give a warning. If he fails to make corrections within the time limit， he shall be ordered to suspend his business operations for 3 to 15 days for rectification and may concurrently be imposed a fine from RMB 3，000 yuan to RMB 10，000 yuan. Article 36 If the Tourist Agency Permit for Tourist Business of a tourist agency has been revoked， the industry and commerce administrative department shall revoke its business license correspondingly. Article 37 When handling the complaints prescribed in Article 24 of these Regulations， the tourism administration department shall， if the complaints have been proved to be true after investigation， order the tourist agency to make compensation for actual losses suffered by tourists. If the tourist agency refuses to or cannot afford to bear the responsibility for compensation， the tourism administration department may make appropriations from the quality guarantee deposit of the tourist agency for the compensation. Article 38 In any of the following cases where the tourism administration department violates the provisions of these Regulations， the person in charge directly responsible and other persons directly responsible shall be given disciplinary sanctions according to law. （1） refusing to issue the Tourist Agency Permit for Tourist Business to those applicants eligible for the Permit： or （2） unlawfully issuing the Tourist Agency Permit for Tourist Business to ineligible applicants. Article 39 Personnel of the tourism administration departments who neglect their duties， abuse their powers or engage in mal practices for their personal gains shall， if crimes have been constituted， be investigated for criminal responsibility according to law. If their acts are not serious enough to constitute crimes， disciplinary sanctions shall be imposed according to law. Chapter VI Supplementary Provisions Article 40 These Regulations shall come into force on the date of promulgation. The Interim Regulations on the Administration of Tourist Agencies promulgated by the State Council on May 11， 1985 shall be repealed simultaneously. |
