INTERIM PROVISIONS ON THE ADMINISTRATION OF AFFAIRS CONCERNINGTOURIST GUIDES

INTERIM PROVISIONS ON THE ADMINISTRATION OF AFFAIRS CONCERNINGTOURIST GUIDES Important Notice: This English document is coming from the "LAWS AND REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7) which is compiled by the Brueau of Legislative Affairs of the State Council of the People's Republic of China, and is published by the China Legal System Publishing House.

In case of discrepancy, the original version in Chinese shall prevail.

Whole Document INTERIM PROVISIONS ON THE ADMINISTRATION OF AFFAIRS CONCERNING TOURIST GUIDES (Approved by the State Council on November 14, 1987 and promul- gated by the National Tourism Administration on December 1, 1987) Article 1 These Provisions are formulated in order to strengthen the unified administration of affairs concerning tourist guides throughout the country, to improve the quality standard of tourist services, to protect the lawful rights and interests of tourist guides, and to promote the sound development of the tourist industry.

Article 2 The term "tourist guides", as used in these Provisions, refers to those working personnel who make arrangements for tours and sightseeing for tourists (including tourist groups, the same below), serve as tourist guides and interpreters, and provide other services for tourists during their sightseeing trips.

Tourist guides shall, at the request of tourists, use foreign languages, the Chinese putonghua or various Chinese dialects, and languages of minority nationalities, respectively in their tourist work.

Article 3 Tourist guides are divided into three categories: full-itinerary guides, local guides, and spot guides.

"Full-itinerary guides" refer to those personnel who are appointed or engaged by tourist agencies (including tourist companies, the same below) to provide full-itinerary services for those tourists who make a trans- regional tour beyond the confines of provinces, autonomous regions, and municipalities directly under the Central Government. "Local guides" refer to those personnel who are appointed or engaged by tourist agencies to provide tourist services for those tourists who make a tour within the confines of a province, an autonomous region, or a municipality directly under the Central Government. "Spot guides" refer to those personnel who are appointed or engaged by tourist agencies to provide tourist services for those tourists who make a tour within the confines of a certain scenic spot.

Article 4 The legitimate rights and interests of tourist guides shall be protected by Laws of the State, no institutions or individuals shall be permitted to interfere illegally with the tourist guides in execution of their tasks.

Article 5 The duties of tourist guides shall be as follows: (1) to accept the tourist tasks assigned by their tourist agency, and make arrangements, in accordance with the reception plan, for taking tourists on a sightseeing tour; (2) to accompany tourists on a sightseeing tour, explain to them and disseminate among them the Chinese culture; (3) to work in coordination with the departments concerned and urge them to make arrangements for the tourists' transportation, meals, and accommodation, and to protect the safety of the tourists and their properties and belongings; (4) to make the tourists' requests and complaints known to whom it may concern and provide assistance in making arrangements for such activities as interviews, informal discussions, etc.; (5) to answer the questions and inquiries raised by tourists, and assist in solving problems that crop up during the sightseeing tour.

Article 6 Tourist guides shall meet the following qualifications: (1) they must be citizens of the People's Republic of China, have a deep love for their motherland, uphold the socialist system, observe disciplines and abide by the laws, comply with the professional ethics of tourism, and serve tourists wholeheartedly; (2) they must have a schooling above the senior middle school level and the command of language and power of expression needed for a qualified tourist guide; (3) they must be familiar with the tourist business, and possess the ability of organization in reception work; (4) they must be in good health, and adaptable to the needs of work.

Article 7 Those meeting the qualifications mentioned in the preceding Article shall take and pass a qualification examination and go through the registration formalities before they are permitted to take up the job of a tourist guide.

Article 8 Graduates of institutions of higher learning who have been assigned to work in a tourist agency and who have met the qualifications specified in Article 6 may serve as probationary tourist guides for one year before they become regular tourist guides after passing the qualification examination.

Article 9 A tourist agency may, in light of needs of work, advertise for the engagement of amateur tourist guides from society. Those who have met the qualifications listed in Article 6 of these Provisions shall present the relevant certifications, pass the qualification examination before they are permitted to take up the job of an amateur tourist guide.

Article 10 The qualification examination for tourist guides shall be organized and administered by the examination committee, which is established with the approval of the tourism administration department of the province, autonomous region, or municipality directly under the Central Government, and be placed under the unified leadership and arrangement by the national examination committee established with the approval from the National Tourism Administration.

Article 11 Those who have passed the qualification examination shall go through the procedures for registration with the National Tourism Administration or with the tourism administration departments of various provinces, autonomous regions, or municipalities directly under the Central Government, and obtain the certificate for tourist guides.

Article 12 The chief duties of a tourist agency in its routine administrative work relating to tourist guides shall be as follows: (1) to carry on education in political ideology, professional ethics, the legal system, and discipline; (2) to conduct training in tourist business operations; (3) to be responsible for assessment, reward and punishment work inside the tourist agency; (4) to deal with tourists' complaints concerning tourist guides.

Article 13 The tourism administration department may send personnel to inspect the work of tourist guides. The tourist guides concerned may not refuse such inspection without justification. Inspectors shall, while executing their inspection tasks, produce the certification for the inspection issued by the tourism administration departments.

Article 14 Tourist guides shall, while executing their tasks, wear the badge for tourist guides, and carry along with them the certificate for tourist guides.

Article 15 Tourist guides who have carried out these Provisions conscientiously, have made great achievements in their work, and have distinguished themselves by offering tourists excellent service, shall be rewarded by the tourism administration department or by their tourist agency.

Article 16 Tourist guides, who have committed one of the following acts, shall be punished by the tourism administration department: (1) those who fail to carry out the various duties stipulated in Article 5 of these Provisions, and cause grave consequences shall, depending on the seriousness of the cases, be given disciplinary sanctions, and may have their tourist guides' badges and certificates withheld; (2) those who unjustifiably refuse to submit themselves to inspection in contravention of the stipulations in Article 13 of these Provisions shall have their badges and certificates withheld; (3) those who have committed the acts mentioned in the preceding two paragraphs, if the case is extremely abominable, shall, with the approval from the tourism administration department of the province, autonomous region, or municipality directly under the Central Government, have their badges and certificates revoked and their registration as tourist guides cancelled.

Article 17 Those who have illegally interfered in the work of tourist guides and caused consequences shall be dealt with by the tourism administration department in coordination with other departments concerned. The departments concerned shall give their support.

Article 18 Those, who have not taken the prescribed qualification examination and gone through the registration procedures in accordance with these Provisions, shall not be permitted to take up the job of a tourist guide.

With respect to those who, without permission, have conducted activities of tourist guides and received tourist fees, the tourism administration department shall confiscate the violators' illegal gains, and may also impose a fine equal to three times as much, or less, as the amount of illegal gains.

Article 19 If a violator refuses to accept the decision of penalty by the tourism administration department, he/she may, within 15 days after receiving the notification of punishment, lodge an appeal to the tourism administration department at a higher level; the tourism administration department at a higher level shall give reply within 15 days after receiving the appeal.

Article 20 The right to interpret these Provisions shall reside in the National Tourism Administration, and the rules for the implementation of these Provisions shall be formulated by the National Tourism Administration.

Article 21 These Provisions shall go into effect on March 1, 1988.