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China's tourism laws and regulations
Detailed Rules for the Implementation of the Regulations on the Administration of Travel Agencies

    (Issued by Decree No. 5 of the National Tourism Administration of the People's Republic of China on November 28, 1996)

Chapter I General Provisions

Article 1 For the purpose of implementing the Regulations on the Administration of Travel Agencies (hereinafter referred to as the Regulations), these Rules are hereby formulated in accordance with the Regulations.

Article 2 The travel agencies mentioned in Article 3 of the Regulations shall include tourism companies, tourism service companies, travel service companies, tourism consulting companies and other enterprises of the same nature established in accordance with the Regulations and engaged in tourism business.

Article 3 The travel agency industry is a licensed business. The operation of tourism business shall be reported to and approved by the tourism administrative department with the power to examine and approve, obtain a Travel Agency Business Operation License (hereinafter referred to as the "License"), and go through the industrial and commercial registration procedures according to law. Those who have not been examined and approved by the tourism administration department and obtained a license shall not engage in tourism business.

Article 4 The term "permanent offices of foreign travel agencies established in the People's Republic of China" as stipulated in Article 2 of the Regulations refers to the permanent tourism offices of foreign travel agencies established in the People's Republic of China upon the approval of the National Tourism Administration. The office can only engage in non business activities such as tourism consultation, liaison and publicity, and may not engage in tourism businesses such as solicitation and reception, including business businesses such as room booking, meal booking and traffic ticket booking.

Article 5 International travel agencies may engage in the following businesses:
(1) Solicit foreign tourists to come to China, overseas Chinese and Hong Kong, Macao, Taiwan compatriots to return home and travel back to the mainland, arrange transportation, sightseeing, accommodation, food, shopping, entertainment and provide tour guides and other related services for them;
(2) Solicit Chinese tourists to travel in China, arrange transportation, sightseeing, accommodation, catering, shopping, entertainment and provide tour guides and other related services for them;
(3) With the approval of the National Tourism Administration, to solicit and organize residents in the People's Republic of China to travel to foreign countries, Hong Kong, Macao and Taiwan, and to arrange tour guides and entrust services for them;
(4) With the approval of the National Tourism Administration, to solicit and organize residents in the People's Republic of China to travel to the border areas of the countries bordering China, and to arrange tour guides and entrust reception services for them;
(5) Upon approval, accept the entrustment of tourists to handle entry, exit and visa procedures for tourists;
(6) Purchasing and booking domestic and foreign transport tickets and providing luggage services for tourists;
(7) Other tourism businesses regulated by the National Tourism Administration.
Without the approval of the National Tourism Administration, no travel is allowed to engage in outbound tourism business and border tourism business for residents within the territory of the People's Republic of China.

Article 6 Domestic travel agencies may engage in the following businesses:
(1) Solicit Chinese tourists to travel in China, arrange transportation, sightseeing, accommodation, catering, shopping, entertainment and provide tour guides and other related services for them;
(2) Purchasing and booking domestic transport tickets and providing luggage services for Chinese tourists;
(3) Other domestic tourism related businesses specified by the National Tourism Administration.

Article 7 Tourism administrative departments at all levels shall supervise and manage travel agencies in accordance with the principle of unified leadership and hierarchical management:
(1) The National Tourism Administration and the tourism administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government authorized by the National Tourism Administration are responsible for managing international travel agencies, national travel agency groups, and resident offices of foreign travel agencies established by units at the central level;
(2) The tourism administrative departments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for the management of international travel agencies set up in provincial capital cities by units at the level of provinces, autonomous regions and municipalities directly under the Central Government;
(3) Other travel agencies shall be managed by their tourism administrative departments.

Article 8 International travel agencies shall apply for tourist visas in accordance with the specific measures stipulated by the tourism administrative departments.

Article 9 The tourism administration department shall, in accordance with the national standards, implement a qualification rating system for travel agencies, and the specific measures shall be formulated separately by the National Tourism Administration.

Chapter II Conditions for the Establishment of Travel Agencies

Article 10 When setting up a travel agency, it shall pay the quality deposit of the travel agency (hereinafter referred to as the quality deposit) in accordance with the Regulations. The quality deposit shall be paid in accordance with the relevant regulations of the National Tourism Administration.

Article 11 For the establishment of an international travel agency, the operation and management personnel shall have the following qualifications:
(1) One general manager or deputy general manager holding the Qualification Certificate for Travel Agency Manager issued by the National Tourism Administration;
(2) Three department managers or business executives holding the Travel Agency Manager Qualification Certificate issued by the National Tourism Administration;
(3) Full time accounting personnel with the professional title of accountant or above.

Article 12 To establish a domestic travel agency, the following business and management personnel shall be qualified:
(1) One general manager or deputy general manager holding the Qualification Certificate for Travel Agency Manager issued by the National Tourism Administration;
(2) One department manager or business supervisor holding the Travel Agency Manager Qualification Certificate issued by the National Tourism Administration;
(3) Full time accounting personnel with the title of assistant accountant or above.

Article 13 The provisions on the qualifications of travel agency managers shall be formulated separately by the National Tourism Administration.

Article 14 To establish an international travel agency, the following industrial and agricultural sites and business facilities shall be available;
(1) Sufficient business premises;
(2) Fax machine, direct line telephone, electronic computer and other office equipment;
(3) Business vehicles, etc.

Article 15 To establish a domestic travel agency, the following industrial and agricultural sites and business facilities shall be available:
(1) Sufficient business premises;
(2) Fax machine, direct line telephone, electronic computer and other office equipment.

Article 16 To apply for the establishment of a travel agency, the applicant shall, in accordance with the provisions of the preceding articles of this chapter, submit the certificate of capital contribution, the letter of commitment to pay the quality deposit, the qualification certificates of managers and business executives, the business premises and operating facilities and other relevant supporting documents to the tourism administrative department that accepts the application for examination.
Chapter III Application and Approval of Travel Agencies

Article 17 The "application for establishment" specified in Paragraph 1 of Article 10 of the Regulations shall include the following contents:
(1) The type, Chinese and English name and place of establishment of the travel agency applied for;
(2) Enterprise form, investors, investment amount and mode of contribution;
(3) The full name of the applicant, the department accepting the application, the name of the application report and the time of submitting the application.
The "feasibility study report" specified in Item 2 of Article 10 of the Regulations shall include the following contents:
(1) Market conditions for the establishment of travel agencies;
(2) Capital conditions for the establishment of travel agencies;
(3) Personnel conditions for the establishment of travel agencies;
(4) Other issues that the tourism administration department accepting the application deems necessary to be supplemented.
The "Articles of Association" of travel agencies specified in Item 3 of Article 10 of the Regulations shall comply with the provisions of relevant laws and regulations.

Article 18 To establish an international travel agency, an application shall be submitted directly to the tourism administration department of the province, autonomous region or municipality directly under the Central Government in accordance with the Regulations. The tourism administration department that accepts the application shall, after obtaining the opinions of the tourism administration department at or above the county level in the proposed place and signing the examination opinions, report to the National Tourism Administration for approval.

Article 19 To establish a domestic travel agency, an application shall be submitted directly to the tourism administration department of the province, autonomous region or municipality directly under the Central Government or its authorized local or municipal tourism administration department in accordance with the provisions of the Regulations. The tourism administrative department that accepts the application shall, after obtaining the opinions of the tourism administrative department at or above the county level in the proposed place, examine and approve it in accordance with the provisions of the Regulations. The local or municipal tourism administrative departments authorized by the tourism administrative departments of provinces, autonomous regions and municipalities directly under the Central Government to examine and approve domestic travel agencies shall report to the National Tourism Administration for the record.

Article 20 The tourism administrative department of the province, autonomous region or municipality directly under the Central Government that accepts the application for the establishment of an international travel agency shall, within 30 working days from the date of receiving the application for the establishment of a qualified travel agency, sign the examination opinions and report them to the National Tourism Administration; The National Tourism Administration shall, within 30 working days from the date of receipt of the application, prepare the approval or disapproval documents and notify the tourism administrative department of the province, autonomous region or municipality directly under the Central Government that accepts the application.

Article 21 The tourism administration department of a province, autonomous region or municipality directly under the Central Government or its authorized tourism administration department that accepts the application for the establishment of a domestic travel agency shall, within 30 working days from the date of receiving the application for the establishment of a travel agency that meets the requirements, make a decision on whether to approve or disapprove, and formally issue the approval document or disapproval document to the applicant.

Article 22 Where the establishment of a travel agency has been approved, the examination and approval department shall issue a license to it. The license is the qualification certificate for operating tourism business, which is uniformly printed by the National Tourism Administration and issued by the tourism administrative department with the power of examination and approval. There are two types of licenses: International Travel Agency Business License and Domestic Travel Agency Business License. The business scope of the travel agency shall be indicated on the permit. The travel agency shall hang the permit together with the business license at a prominent position of the business premises. The tourism administrative department with the power of examination and approval may, according to the needs of travel agencies in conducting business, issue a copy of the license. The license is valid for three years. The travel agency shall, within three months before the expiration of the license, present the license to the original issuing authority for renewal. If the permit is damaged or lost, the travel agency shall apply to the original issuing authority for renewal or reissue.

Article 23 An applicant shall, within 60 working days after receiving the permit, present the document approving the establishment and the permit to the administrative department for industry and commerce to obtain a business license.

Chapter IV Management of Changes of Travel Agencies

Article 24 Where an international travel agency applies for increasing outbound tourism and border tourism business, it shall report to the National Tourism Administration for examination and approval after the tourism administration department of the province, autonomous region or municipality directly under the Central Government examines and signs its opinions. When a domestic travel agency applies to become an international travel agency, and an international travel agency applies to become a domestic travel agency, the application shall be handled in accordance with the relevant provisions on the establishment and approval of travel agencies.

Article 25 If a travel agency needs to change its place of registration, it shall obtain the consent of the tourism administration department in charge of the travel agency and the tourism administration department in charge of the travel agency after the change, and handle the change of registration in accordance with the relevant provisions. If a travel agency changes its place of registration, it shall, within 30 working days from the date of completing the change of registration, report it to the tourism administration department that originally approved it for the record.

Article 26 Any change in the organizational form, name, legal representative, business place, suspension, closure and other matters of a travel agency shall be reported to the tourism administration department that originally examined and approved for the record within 30 working days from the date of completing the registration of the change. Among them, if a travel agency changes its name or closes its business, the tourism administration department that originally examined and approved it shall renew or withdraw its license.

Chapter V Administration of Branches of Travel Agencies

Article 27 Travel agencies may, according to the needs of business operation and development, set up branches such as unincorporated branches (hereinafter referred to as "branches") and sales departments (including business departments). Travel agencies shall not set up offices, representative offices, liaison offices and other offices.

Article 28 A branch of a travel agency refers to a branch set up by a travel agency that receives more than 100000 tourists annually and does not have the qualification of an independent legal person, but carries out tourism business activities in the name of the established agency. The business scope of a branch of a travel agency shall not exceed the business scope of its established agency.

Article 29 When a travel agency establishes a branch, it shall apply to the tourism administration department that originally examined and approved the travel agency for a certification document that the travel agency receives more than 100000 tourists every year, and pay the quality deposit in the amount specified in the Regulations to the tourism administration department that has the authority to manage the quality deposit in the place of establishment, And get the license from the original tourism administration department, and then go through the registration formalities with the industry and commerce administration department with this certificate and license. A travel agency shall report to its competent tourism administration department and the tourism administration department of the place where the branch is located for the record within 30 working days from the date of completing the branch registration procedures. A travel agency shall report to its competent tourism administration department and the tourism administration department of the place where the branch is located for the record within 30 working days from the date of completing the branch registration procedures. The branch of a travel agency shall accept the industrial management of the local tourism administrative department.

Article 30 The sales department of a travel agency refers to a branch established by a travel agency within the administrative region of the city or county where it is registered, which does not have the status of an independent legal person, and which solicits tourists and provides services such as consultation and publicity for the establishment of a travel agency. A travel agency shall not set up a sales department outside the administrative region of the city or county where it is registered. Travel agencies should obtain the consent of the tourism administrative department at or above the county level in the proposed location to establish a retail department, and report to the original approved tourism administrative department, the competent tourism administrative department, and the local tourism administrative department where the retail department is located for the record within 30 working days from the date of completing the industrial and commercial registration procedures. The marketing department of a travel agency shall accept the industry management of the local tourism administrative department.

Article 31 Travel agencies and their established sales departments shall implement the following four unifications:
(1) Unify personnel management system;
(2) Unified financial management system;
(3) Unified group activities and tour guide arrangements;
(4) Unify tourism routes and products.
The business scope of the sales department shall not exceed the business scope of the cooperative it has established.

Chapter VI Operation Rules of Tourism Business

Article 32 Travel agencies shall carry out business activities in accordance with the approved business scope, and it is strictly prohibited to operate beyond the scope. Business beyond the scope includes:
(1) Domestic travel agencies operate international travel agency business;
(2) International travel agencies operate outbound tourism business and border tourism business without approval;
(3) Other business activities beyond the scope identified by the National Tourism Administration.

Article 33 Travel agencies shall not engage in tourism business by the following unfair means of competition:
(1) Counterfeit the registered trademarks, brands and quality certification marks of other travel agencies;
(2) Unauthorized use of the name of other travel agencies;
(3) Colluding with other travel agencies to set monopoly prices, harming the interests of tourists and other travel agencies;
(4) Participate in the auction at a price lower than the normal cost price;
(5) Entrust a non travel agency or any individual to act as an agent or act as an agent in disguised form;
(6) Manufacture and disseminate false information that is detrimental to the image and business reputation of other travel agencies and enterprises;
(7) Providing false tourism service information to tourists in order to attract tourists;
(8) Other acts identified by the National Tourism Administration as disturbing the order of the tourism market.

Article 34 Travel agencies shall not introduce or provide tourists with the following tourism projects:
(1) Containing contents that harm national interests and national dignity;
(2) It contains ethnic, racial, religious and gender discrimination;
(3) Containing obscene, superstitious and gambling content;
(4) Containing other contents prohibited by laws and regulations.

Article 35 The advertisements made by travel agencies shall comply with the provisions of relevant national laws and regulations, and shall not carry out false advertising. Tourism advertisements shall include the following contents:
(1) Name of travel agency and license number;
(2) The advertisement of entrusted agency business shall indicate the name of the travel agency to be represented.
Travel agencies are strictly prohibited from advertising beyond the approved business scope.

Article 36 When a travel agency entrusts other travel agencies to solicit or receive tourists, and when a travel agency has business dealings with restaurants, catering, transportation, scenic spots and other enterprises as well as overseas travel agencies, it shall sign a contract to stipulate the rights and obligations of both parties.

Article 37 Travel agencies shall make and keep complete business files when soliciting and receiving tourists. Among them, the minimum retention period of outbound tourism archives is three years, and the minimum retention period of other tourism archives is two years.

Article 38 Travel agencies shall, in accordance with the relevant provisions of the National Tourism Administration, submit statistical statements to the tourism administrative departments, and shall not provide false data or forge statistical statements.

Chapter VII Protection of the Rights and Interests of Tourists

Article 39 Tourist agencies shall provide tourists with agreed services, and the services provided shall not be lower than the national standards or industry standards. Travel agencies should give true and clear answers to tourists' inquiries about their service items and service quality.

Article 40 Travel agencies shall provide tourists with services that meet the needs of ensuring the safety of tourists' personal and property. They shall make true explanations and clear warnings to tourists about projects that may endanger the safety of tourists' personal and property, and take measures to prevent the occurrence of hazards; For the legal provisions, customs, religious beliefs, etc. that may cause misunderstanding or conflict to tourists, tourists should be given clear instructions and advice in advance.

Article 41 The provisions on travel accident insurance for tourists by travel agencies shall be formulated separately by the National Tourism Administration.

Article 42 The service items provided by travel agencies shall be clearly marked with price, and the quality and price shall be consistent. No price fraud is allowed.

Article 43 Travel agencies shall sign contracts with tourists when organizing tourists to travel. The signed contract shall clearly stipulate the following contents:
(1) Travel itinerary (including transportation, tourist attractions, accommodation standards, catering standards, entertainment standards, shopping times, etc.);
(2) Tourism price;
(3) Liability for breach of contract.

Article 44 When a travel agency transfers a signed tourist to another travel agency for a group tour because it cannot form a group, it must obtain the written consent of the tourist. Transferring tourists to other travel agencies without authorization. The transferred travel agency shall bear corresponding legal liabilities.

Article 45 When a travel agency causes losses to the legitimate rights and interests of tourists due to the reasons specified in Article 24 of the Regulations, tourists have the right to complain to the tourism administration department or the tourism quality supervision agency entrusted by them; After receiving complaints from tourists, the tourism administrative department or its entrusted tourism quality supervision agency shall find out the facts in a timely manner. If it is true that the legitimate rights and interests of tourists have been damaged due to the fault of the travel agency, the travel agency shall be ordered to make compensation according to the degree of loss of tourists. If a travel agency refuses to bear or is unable to bear the liability for compensation, the tourism administration department shall allocate the compensation expenses from the quality deposit of the travel agency.

Chapter VIII Supervision and Inspection of Tourism Agencies

Article 46 Travel agencies shall strictly implement the laws, regulations and policies of the State on tourism and accept the supervision, inspection and inspection of the tourism administrative departments.

Article 47 The contents of the supervision and inspection of travel agencies by the tourism administration department include the business operation, external quotation, asset status, service quality, tourism safety, financial management, qualification certification, etc. Travel agencies shall provide relevant statements, documents and materials as required by the tourism administration department. The inspection of travel agencies by tourism administrative departments includes daily inspection, special inspection, case inspection and annual inspection.

Article 48 When inspecting a travel agency, the inspectors of the tourism administration department shall produce valid certificates. If the inspectors fail to produce valid documents, the travel agency has the right to refuse them to conduct inspection. Inspectors of tourism administrative departments shall not disclose the business secrets of travel agencies.

Article 49 The National Tourism Administration shall, on the basis of the development of the tourism industry, formulate the annual inspection and assessment indicators for travel agencies, organize the annual inspection of travel agencies nationwide in a unified way, and the tourism administration departments at all levels shall be responsible for the implementation.

Article 50 After the annual inspection, the tourism administration department shall issue an annual inspection notice. For travel agencies that fail to pass the annual inspection, the tourism administration department may cancel their licenses in accordance with the relevant provisions, and can notify the industry and commerce administration department to cancel their business licenses.

Chapter IX Penalty Provisions

Article 51 If a travel agency commits any of the following acts, the tourism administration department shall give it a warning and order it to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be subject to closure for rectification for 3 to 15 days, and may also be subject to a fine of not less than 3 yuan but not more than 10000 yuan:
(1) Failing to prepare and keep business files for soliciting and receiving tourists;
(2) Unreasonably refuse the supervision and inspection of the tourism administration department.

Article 52 If a travel agency commits any of the following acts, the tourism administration department shall order it to make corrections within a time limit; The illegal gains, if any, shall be confiscated; If it fails to make corrections within the time limit, it shall be fined not less than 5000 yuan but not more than 20000 yuan for 15 to 30 days; If the circumstances are serious, the tourism administration department shall revoke the license:
(1) Carrying out tourism business beyond the approved business scope;
(2) Failing to provide tourists with travel accident insurance as required;
(3) The services provided can not guarantee the safety of tourists' personal and property, causing damage to tourists' personal and property;
(4) Do not charge for the tourism services provided in accordance with the relevant provisions of the state, increase the service items during the travel, and impose fees on tourists;
(5) Hire tour guides and tour leaders who have not been assessed by the tourism administration department and hold qualification certificates;
(6) Select overseas travel agencies without legal registration as reception agencies;
(7) No contract was signed with the overseas reception agency to stipulate the rights and obligations of both parties.

Article 53 If a travel agency commits any of the following acts, the tourism administration department shall give it a warning and order it to make corrections within a time limit; If there are any illegal gains, the illegal gains shall be confiscated and a fine of not more than three times the illegal gains shall be imposed, but the maximum amount shall not exceed 30000 yuan; If there are no illegal gains, a fine of not less than 3000 yuan but not more than 10000 yuan shall be imposed:
(1) Illegal transfer or transfer of license in disguised form;
(2) Setting up branches without examination and approval of the tourism administration department;
(3) Setting up offices, liaison offices, representative offices and other institutions in violation of regulations;
(4) The change of registration place, organization form, name, legal representative, business place, business suspension, closure and other matters has not been reported to the tourism administration department for approval or filing as required;
(5) Entrust non travel agency units and individuals to operate tourism business as agents or in disguised form;
(6) Introduce and provide tourists with tourism projects that are harmful to national interests and dignity, ethnic, racial, religious, gender discrimination, obscenity, superstition and gambling;
(7) The travel advertisements do not indicate the name of the travel agency or the license number, and the advertisements for entrusted agency business do not indicate the name of the travel agency.

Article 54 If a travel agency commits any of the following acts, it shall be punished by the administrative department for industry, commerce and tourism in accordance with the Trademark Law of the People's Republic of China, the Anti unfair Competition Law of the People's Republic of China and other relevant laws and regulations:
(1) Counterfeit the registered trademarks, brands and quality certification marks of other travel agencies;
(2) Unauthorized use of the name of other travel agencies;
(3) Slander the reputation of other travel agencies;
(4) Providing false tourism information and advertising to tourists;
(5) Participate in the auction at a price lower than the normal cost price;
(6) Other acts identified by the industry and commerce and tourism administration departments as disturbing the order of the tourism market.

Article 55 A person who commits one of the following acts shall be ordered by the tourism administration department to stop illegal business operations, his illegal income shall be confiscated, and a fine of not less than 10000 yuan but not more than 50000 yuan shall be imposed:
(1) Operating tourism business without examination and approval of the tourism administration department;
(2) The resident office of a foreign travel agency engages in tourism business beyond its business scope.

Article 56 If a travel agency's license is revoked, the tourism administration department that made the decision shall notify the industry and commerce administration department to revoke its business license.

Chapter X Supplementary Provisions

Article 57 The Interim Provisions on the Quality Security Deposit of Travel Agencies, the Interim Measures for the Compensation of the Quality Security Deposit of Travel Agencies, the Interim Provisions on Travel Accident Insurance, the Administrative Provisions on the Qualification Certification of Travel Agency Managers, the Administrative Measures on the Examination and Approval of the Establishment of Permanent Tourism Offices by Foreign Travel Agencies in China, formulated and promulgated by the National Tourism Administration, and these Detailed Rules for Implementation They shall be jointly implemented as the detailed rules for the implementation of the Regulations.

Article 58 Travel agencies that have been established before the promulgation and implementation of the Regulations shall, in accordance with the Regulations, the present Detailed Rules for the Implementation and relevant provisions, re-examine their business scope, change their licenses, and go through the formalities of industrial and commercial change registration.

Article 59 The National Tourism Administration shall be responsible for the interpretation of these Rules.

Article 60 The Implementation Rules shall come into force as of the date of promulgation. The Measures for the Implementation of the Interim Regulations on the Administration of Travel Agencies promulgated by the National Tourism Administration on June 1, 1988 shall be repealed at the same time.