This English document is coming from the "LAWS AND REGULATIONS OF THE
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 REGULATIONS ON THE ADMINISTRATION OF TOURIST AGENCIES
(Promulgated by the State Council on May 11, 1985)
Article 1
These Regulations are formulated to strengthen the administration of
tourist agencies, to protect the lawful rights and interests of tourists,
and to promote the development of the tourist industry.
Article 2
"Tourist agencies" (or tourist companies, or other similar organizations
of the same nature; the same below) refer to those enterprises which are
established according to law, have the status of legal persons, are
engaged in soliciting and receiving tourists and in organizing tourist
activities, and conduct business accounting independently.
Article 3
Tourist agencies shall, in accordance with the principle of expanding the
friendly contacts among peoples, enriching the socialist cultural life and
promoting the prosperity of socialist tourist economy, conduct operational
activities for the advancement of socialist spiritual civilization and
material civilization.
Article 4
The tourism administration department shall, in its administration of
tourist agencies, adopt the policy of unified leadership, graded
administration, and decentralized operations.
Article 5
The following terms used in these Regulations, except as otherwise
provided in the articles of these Regulations, shall convey the meanings
as defined below:
(1) "Solicit" refers to the efforts made by a tourist agency in carrying
out publicity and promotion activities both at home and abroad, as well as
the organizational work so involved, in accordance with the scope of
business approved by the competent authorities.
(2) "Receive" refers to the operational activities of a tourist agency
which, at the request of tourists, include making travel plans and
arrangements for meals, accommodation, transportation and sightseeing.
(3) "Tourism administration department" refers to the National Tourism
Administration and the tourism bureaus in various provinces, autonomous
regions, and municipalities directly under the Central Government, as well
as the corresponding administrative organs in municipalities and counties.
Article 6
Tourist agencies shall be divided into three categories according to the
scope of their business:
Category 1: Tourist agencies that handle such business as both soliciting
tourists abroad and making arrangements for foreigners, overseas Chinese,
compatriots from Hong Kong, Macao and Taiwan to come to China, or to
return to China or China's inland, for a visit or sightseeing.
Category 2: Tourist agencies that do not solicit tourists abroad, but
handle such tourist business as making travel arrangements for those
foreigners, overseas Chinese, compatriots from Hong Kong, Macao and
Taiwan, who are received by tourist agencies of Category 1 or by other
departments with relevance to external affairs. Category 3: Tourist
agencies that handle domestic tourist business for Chinese citizens.
Article 7
Tourist agencies of Category 1 and Category 2 may register and commence
operations only under the following prerequisites:
(1) having articles of association for the tourist agency to be
established, which are in conformity with the State provisions;
(2) having a definite organization and a legal representative, a fixed
site for setting up an office and for conducting business operations, and
the necessary communication facilities;
(3) tourist agencies that handle such tourist business as both soliciting
and receiving tourists abroad shall have a registered capital of CNY
500,000 yuan or more; tourist agencies that handle only reception business
shall have a registered capital of CNY 250,000 yuan or more;
(4) having the organizing ability to provide tourists with such services
as meals, accommodation and transportation, and such services are up to
the standard; and (5) having a contingent of managerial and operational
personnel who can guarantee the quality standard of various services, can
conduct normal business operations, and are familiar with tourist
business; and having a contingent of interpreters and tourist guides who
have passed qualifications examinations.
Article 8
Tourist agencies of Category 3 may register and commence operations only
under the following prerequisites:
(1) having articles of association for the tourist agency to be
established, which are in conformity with the State provisions;
(2) having a fixed site for setting up an office and for conducting
business operations;
(3) having a registered capital of CNY 30,000 yuan or more;
(4) having the organizing ability to provide, within their scope of
business, the tourists with various services that meet the standard
service requirements; and (5) having a contingent of administrative and
service personnel who are familiar with tourist business.
Article 9
Those who wish to establish tourist agencies of Category 1, in a local
area, shall submit an application to the tourism bureau of the province,
autonomous region, or municipality directly under the Central Government
where their tourist agencies are located, and the application shall be
transmitted to the National Tourism Administration for examination and
approval; if such a tourist agency is to be established by a department at
the central level, the application shall be submitted to the National
Tourism Administration for examination and approval.
The tourist agencies mentioned in the preceding paragraph shall, after
obtaining the approval from the tourism administration department, go
through the application and registration procedures in accordance with the
State provisions concerning the administration of industry and commerce,
and start their business operations only after their applications have
been verified and approved and the business licences have been issued to
them.
Article 10
Those who wish to establish tourist agencies of Category 2, in a local
area, shall have their applications examined and approved by the tourism
bureau of the province, autonomous regions, or municipality directly under
the Central Government where their tourist agencies are located; if such a
tourist agency is to be established by a department at the central level,
the application shall be submitted to the National Tourism Administration
for examination and approval.
The tourist agencies mentioned in the preceding paragraph shall, after
obtaining the approval from the tourism administration department, go
through the application and registration procedures in accordance with the
State provisions concerning the administration of industry and commerce,
and start their business operations only after their applications have
been verified and approved and the business licences have been issued to
them.
Article 11
Those who wish to establish tourist agencies of Category 3 shall start
their business operations only after their applications have been examined
and approved by the local tourism administration department, and have been
verified and approved for registration by the local administrative
department for industry and commerce, and the business licences have been
issued to them.
Article 12
In the event that tourist agencies of Category 1 wish to establish or
withdraw their representative business offices abroad or in the regions of
Hong Kong and Macao, they must report to the National Tourism
Administration for examination and approval.
Article 13
Foreign tourist agencies, and tourist agencies in the regions of Hong Kong
and Macao, shall not be permitted to establish their representative
business offices in China without the approval from the National Tourism
Administration. Their representative business offices, after being
established with approval, shall not be permitted to handle such tourist
business as soliciting and receiving tourists.
Article 14
The basic duties of tourist agencies shall be as follows:
(1) to conclude and sign contracts or agreements with the operating units
concerned, and to handle tourist business in accordance with the laws and
regulations of the State and the principles and policies for tourist
industry;
(2) to draw up touring itineraries and to conduct soliciting activities in
accordance with the unified plan and the market demands;
(3) to make arrangements for meals, accommodation, transportation, and
sightseeing in accordance with the itineraries selected by tourists;
(4) to provide tourists with the necessary services of interpreters and
tourist guides;
(5) to improve operations and management, to raise the quality of service,
to listen to the criticisms and suggestions by tourists, and to
investigate and handle violators of rules and regulations by personnel of
their own units; and
(6) to handle commission business relating to tourism.
Article 15
With respect to business contacts between tourist agencies and such
business departments as airlines, railways, transportation, hotels and
restaurants, and automobile companies, or the business contacts between
tourist agencies, the parties concerned shall, in accordance with the
provisions of the Law of the People's Republic of China on Economic
Contracts, conclude and sign a certain form of economic agreement or
contract, on the basis of the principle of equality and mutual benefit,
reaching unanimity through consultation, exchange at equal value and
offering services with remunerations.
Article 16
Tourist agencies shall strictly abide by the laws and regulations of the
State, implement the principles and policies relating to tourism,
strengthen the system of financial administration, and pay taxes and other
fees according to pertinent provisions.
Article 17
Tourist agencies shall strengthen the education on complying with
discipline and laws, and on professional ethics, among their employees,
and lay great stress on professional training, in order to unceasingly
improve the quality of the employees to meet the needs of the development
of tourism.
Article 18
Tourist agencies and their workers and staff members shall not be
permitted to seek and accept commission or other remuneration. Stores that
sell tourist articles and catering units shall not be permitted to pay
commission or other remuneration to tourist agencies or their workers and
staff members. The competent authorities shall impose necessary
administrative and disciplinary sanctions on those who have violated the
aforesaid provisions.
Article 19
Tourist agencies shall accept the administration, guidance, supervision
and investigation by the departments respectively in charge of tourism,
commodity prices, and taxation, and by the administrative department for
industry and commerce.
Article 20
In case a tourist agency wishes to wind up its business operations, it
shall submit an application to the tourism administration department and
the administrative department for industry and commerce and go through the
procedures for cancellation of its registration.
Article 21
Tourist agencies and the individuals of their workers and staff members
that have carried out the provisions of these Regulations conscientiously,
and have made important contributions to the improvement of operations and
management, or to the improvement of the quality standard of services,
shall be duly awarded by the tourism administration department.
Article 22
With respect to those who have violated the provisions of these
Regulations and conducted tourist business operations presumptuously
without the approval by the competent authorities, and without going
through the procedures for registration, and those who, without
authorization, have transferred their business licences to others, have
cheated tourists, or have sought profits by illegal means, the tourism
administration department shall, depending on the seriousness of the case,
impose a fine on the managerial personnel of the tourist agency concerned
or on the person directly held responsible or order the tourist agency
concerned to cease its business operations for rectification; with respect
to serious cases, the administrative department for industry and commerce
shall confiscate the illegal gains of the violator(s), revoke
his/her/its/their business licence(s), and order the violator(s) to cease
business operations.
Article 23
The right to interpret these Regulations shall reside in the National
Tourism Administration.
Article 24
These Regulations shall go into effect on the date of promulgation.
business as soliciting and receiving tourists.
Article 14
The basic duties of tourist agencies shall be as follows:
(1) to conclude and sign contracts or agreements with the operating units
concerned, and to handle tourist business in accordance with the laws and
regulations of the State and the principles and policies for tourist
industry;
(2) to draw up touring itineraries and to conduct soliciting activities in
accordance with the unified plan and the market demands;
(3) to make arrangements for meals, accommodation, transportation, and
sightseeing in accordance with the itineraries selected by tourists;
(4) to provide tourists with the necessary services of interpreters and
tourist guides;
(5) to improve operations and management, to raise the quality of service,
to listen to the criticisms and suggestions by tourists, and to
investigate and handle violators of rules and regulations by personnel of
their own units; and
(6) to handle commission business relating to tourism.
Article 15
With respect to business contacts between tourist agencies and such
business departments as airlines, railways, transportation, hotels and
restaurants, and automobile companies, or the business contacts between
tourist agencies, the parties concerned shall, in accordance with the
provisions of the Law of the People's Republic of China on Economic
Contracts, conclude and sign a certain form of economic agreement or
contract, on the basis of the principle of equality and mutual benefit,
reaching unanimity through consultation, exchange at equal value and
offering services with remunerations.
Article 16
Tourist agencies shall strictly abide by the laws and regulations of the
State, implement the principles and policies relating to tourism,
strengthen the system of financial administration, and pay taxes and other
fees according to pertinent provisions.
Article 17
Tourist agencies shall strengthen the education on complying with
discipline and laws, and on professional ethics, among their employees,
and lay great stress on professional training, in order to unceasingly
improve the quality of the employees to meet the needs of the development
of tourism.
Article 18
Tourist agencies and their workers and staff members shall not be
permitted to seek and accept commission or other remuneration. Stores that
sell tourist articles and catering units shall not be permitted to pay
commission or other remuneration to tourist agencies or their workers and
staff members. The competent authorities shall impose necessary
administrative and disciplinary sanctions on those who have violated the
aforesaid provisions.
Article 19
Tourist agencies shall accept the administration, guidance, supervision
and investigation by the departments respectively in charge of tourism,
commodity prices, and taxation, and by the administrative department for
industry and commerce.
Article 20
In case a tourist agency wishes to wind up its business operations, it
shall submit an application to the tourism administration department and
the administrative department for industry and commerce and go through the
procedures for cancellation of its registration.
Article 21
Tourist agencies and the individuals of their workers and staff members
that have carried out the provisions of these Regulations conscientiously,
and have made important contributions to the improvement of operations and
management, or to the improvement of the quality standard of services,
shall be duly awarded by the tourism administration department.
Article 22
With respect to those who have violated the provisions of these
Regulations and conducted tourist business operations presumptuously
without the approval by the competent authorities, and without going
through the procedures for registration, and those who, without
authorization, have transferred their business licences to others, have
cheated tourists, or have sought profits by illegal means, the tourism
administration department shall, depending on the seriousness of the case,
impose a fine on the managerial personnel of the tourist agency concerned
or on the person directly held responsible or order the tourist agency
concerned to cease its business operations for rectification; with respect
to serious cases, the administrative department for industry and commerce
shall confiscate the illegal gains of the violator(s), revoke
his/her/its/their business licence(s), and order the violator(s) to cease
business operations.
Article 23
The right to interpret these Regulations shall reside in the National
Tourism Administration.
Article 24
These Regulations shall go into effect on the date of promulgation.
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