(Effective Date 1996.10.15)
CHAPTER I GENERAL PROVISIONS CHAPTER II ESTABLISHMENT OF TRAVEL AGENCIES CHAPTER III MANAGEMENT OF TRAVEL AGENCIES CHAPTER IV SUPERVISION AND EXAMINATION CHAPTER V RULES OF PUNISHMENT CHAPTER VI SUPPLEMENTARY RULES Article 1 These Regulations are promulgated hereby to strengthen management of travel agencies, guarantee the legitimate rights Article 2 These Regulations are applicable to travel agencies set up inside the People’s Republic of China and the permanent representative Article 3 Travel agencies as used in these Regulations refer to enterprises engaged in tourist businesses for profit purposes. Tourist businesses as used in these Regulations refer to businesses such as completion of exit, entry, and visa procedures on behalf Article 4 The tourism administration department under the State Council shall take charge of the supervision and management of all Tourism administration departments under people’s governments at the county level and above shall take charge of the The departments referred to in the first and second clauses of this article are called tourism administration departments indiscriminately. Article 5 Travel agencies shall be divided into international travel agencies and domestic travel agencies according to their line The business scope of international travel agencies covers the business of inbound and outbound tourists and domestic tourists. The business scope of domestic travel agencies is limited to domestic tourist businesses only. CHAPTER II ESTABLISHMENT OF TRAVEL AGENCIES Article 6 Those establishing travel agencies shall meet the following conditions: 1. Fixed business venues. 2. Necessary business facilities. 3. Business personnel who have received training and qualification certificates from tourism administration departments 4. Registered capital and quality assurance funds as stipulated in articles 7 and 8 of these Regulations. Article 7 The registered capital of travel agencies shall meet the following conditions: 1. No less than 1.5 million Renminbi yuan for international travel agencies. 2. No less than 300,000 Renminbi yuan for domestic travel agencies. Article 8 Those applying for the establishment of travel agencies shall pay tourism administration departments quality assurance funds according 1. 600,000 Renminbi yuan for international travel agencies handling inbound tourist businesses and 1 million Renminbi 2. 100,000 Renminbi yuan for domestic travel agencies. The quality assurance funds and the interests arising therefrom during the period of management of travel agencies by tourism Article 9 Those applying for the establishment of international travel agencies shall file applications to local tourism administration Those applying for the establishment of domestic travel agencies shall file applications to tourism administration departments Article 10 Those applying for the establishment of travel agencies shall present the following documents: 1. Application for establishment. 2. Feasibility study report on the establishment of the travel agencies. 3. Constitutions of travel agencies. 4. Resumes of the manager and the deputy manager(s) and qualifications as stipulations in the third clause of Article 6 of these 5. Credit certificate provided by the bank of deposit, and capital verification report provided by certified public accountants 6. Certificate of business venue. 7. Certificate of business facilities. Article 11 After receiving applications, tourism administration departments shall carry out examination and verification according 1. Conformity with the programme for the development of tourism. 2. Satisfaction with the demand of the tourist market. 3. Meeting of conditions specified in Article 6 of these Regulations. Tourism administration departments shall decide on approval or disapproval within 30 days after receiving applications Article 12 Tourism administration departments shall issue Business Permit for Travel Agencies to applicants who have won approval Those who have not been issued Business Permit for Travel Agencies shall not engage in tourist businesses. Article 13 Travel agencies that change their scope of businesses shall go through alteration procedures with industrial and commercial Travel agencies altering their names, business venues or legal representatives or closing their businesses shall go through Article 14 Tourism administration departments shall implement the system of public notification among travel agencies. Public notices Article 15 Travel agencies that receive more than 100,000 people/time a year may set up branches without legal person status (hereinafter International travel agencies shall increase their registered capital by 750,000 Renminbi yuan and their assurance funds by 300,000 Travel agencies and their branches shall exercise unified management, have unified finance, and solicit and receive tourists The branches set up by travel agencies shall subject themselves to the supervision and management by tourism administrations Article 16 Those applying for the establishment of Sino-foreign equity or contractual travel agency joint ventures shall go through procedures Article 17 Foreign travel agencies that set up resident offices in the People’s Republic of China shall report for approval to the tourism These resident offices can only take up tourism consulting, liaison, and promotion work. They shall not engage in tourism businesses. CHAPTER III MANAGEMENT OF TRAVEL AGENCIES Article 18 Travel agencies shall conduct businesses within specified business scope. Travel agencies shall observe the principle of voluntariness, equality, fairness, honesty, and creditability; and conform with Article 19 When conducting tourism businesses, travel agencies shall not, resort to illegitimate tricks as listed below to harm (1) Imitation of the trademarks of other travel agencies. (2) Unauthorized use of the post_titles of other travel agencies. (3) Defamation of other travel agencies. (4) Entrustment of tourism businesses to units other than travel agencies or individuals not working with travel agencies. (5) Other behaviours that disturb the order of tourism markets. Article 20 Written contracts shall be signed between travel agencies and their employees to prescribe their respective rights and obligations. Without approval from travel agencies, employees shall not disclose or use the commercial secrets of these agencies or allow Article 21 Travel agencies shall safeguard the legitimate rights and interests of tourists. Travel agencies shall provide tourists with true and reliable information. They shall not carry out false publicity activities. Article 22 When organizing sightseeing activities, travel agencies shall buy casualty insurance for tourists and see to it that the services Article 23 Travelling services provided by travel agencies to tourists shall be charged according to State stipulations. If travel agencies Travel agencies shall present service vouches to tourists in line with relevant State stipulations if they provide services with Article 24 Tourists shall have the right to lodge complaints with tourism administrations should they suffer losses from any one of (1) Failure of travel agencies to meet standards on service quality as specified in contracts due to their own faults. (2) Failure of travel agencies to meet State or sectorial standards when providing services. (3) Loss of down payments by tourists due to bankruptcy of travel agencies. Tourism administrations shall hear complaints of tourists and handle cases in line with stipulations of these Regulations. Article 25 The guides engaged by travel agencies for the purpose of receiving tourists and the leaders they engage to organize overseas Article 26 When organizing overseas tours, travel agencies shall sign written agreements with travel agencies in relevant countries or regions Should any harm be done to the rights or interests of tourists due to violation of agreements by overseas travel agencies, Article 27 Travel agencies shall keep complete records on their solicitation and reception of tourists, and keep relevant documents CHAPTER IV SUPERVISION AND EXAMINATION Article 28 Tourism administrations shall strengthen their supervision and management of travel agencies and the resident offices of foreign Article 29 Travel agencies shall subject their service quality, travelling safety, price officer, accounting books, foreign exchange The staff of tourism administrations shall produce certificates when performing supervision and examination duties. Article 30 Tourism administrations shall carry out examinations of travel agencies once a year. Travel agencies shall present Article 31 Tourism administrations shall strengthen financial management of quality assurance funds and use these funds to compensate economic
Article 32 Those that violate stipulations in the second clause of Article 12 of these Regulations or the second clause of Article Article 33 Those that violate stipulations in the first clause of Article 18, Article 22, the first clause of Article 23, article 25, Article 34 Those that violate stipulations in Article 19 and the second clause of Article 21 of these Regulations shall be punished Article 35 Those that violate stipulations in Article 27 and the first clause of Article 29 of these Regulations shall be ordered by tourism Article 36 Travel agencies whose Business Permits for Travel Agencies have been revoked shall have their business licenses revoked Article 37 Tourism administrations handling complaints specified in Article 24 of these Regulations shall, if they prove the cases Article 38 Should tourism administrations violate stipulations in these Regulations by causing the development of one of the following (1) Refusal to issue Business Permits for Travel Agencies to qualified applicants. (2) Unauthorized issuance of Business Permits for Travel Agencies to disqualified applicants. Article 39 The staff of tourism administrations who neglect their duties, usurp their powers, or do wrongs to serve their friends
Article 40 These Regulations shall take effect as of the date of promulgation. The Provisional Regulations on the Management of
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