Regulations on Travel Agencies (Revised in 2016)
Regulations on Travel Agencies (Revised in 2016)
Regulations on Travel Agencies (Revised in 2016)
Order of the State Council No.666
February 6, 2016
(Promulgated by the Order of the State Council of the People's Republic of China No.550 on February 20, 2009; and revised in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on February 6, 2016)
Chapter I General Provisions
Article 1 These Regulations are hereby promulgated to strengthen management of travel agencies, guarantee the legitimate rights and interests of tourists and travel agencies, maintain the order of the tourist market, and promote the healthy development of the tourist industry.
Article 2 These Regulations are applicable to the establishment and business of the travel agencies within the territory of the People's Republic of China.
The travel agencies as mentioned in these Regulations refer to the operation activities entities engaged in domestic tourist business, inbound tourist business, or outbound tourist business, including soliciting for, organizing and receiving tourists and providing other tourist services to the tourists.
Article 3 The tourism competent authorities under the State Council shall take charge of the supervision and management of all travel agencies across the whole country.
The tourism administration departments under the people's governments at the county level or above shall be in charge of the supervision and management of travel agencies within their respective jurisdictions in accordance with their limits of power.
The departments of industry and commerce, price, business, foreign currency, etc. under the people's governments at the county level or above shall, in accordance with their limits of power, carry out supervision and management on the travel agencies in accordance with the law.
Article 4 While carrying out operation activities, the travel agencies shall observe the principles of voluntariness, equity, fairness, honesty, and creditability to improve service quality and safeguard the legitimate rights and interests of the tourists.
Article 5 The travel agencies industrial associations shall, in accordance with their regulations, provide the travel agencies with services, play a coordinating and self-discipline role, and guide the travel agencies to operate legally, fairly, and honestly.
Chapter II Establishment of Travel Agencies
Article 6 To apply for engaging in domestic tourist business and inbound tourist business, the applicant shall have corporate capacity, with a registered capital of not less than CNY 300,000.
Article 32 Travel agencies employing tour guides and tour leaders shall enter into labor contracts in accordance with the law, and pay remunerations not lower than the local minimum wage standard to them.
Article 33 The travel agencies, as well as the tour guides and tour leaders appointed thereby, shall not have any of the following actions:
1 Refusing to fulfill the obligations as agreed in the tourism contracts;
2 Changing the travel routes as arranged in the tourist contracts for reasons other than force majeure; or
3 Deceiving and forcing tourists to do some shopping or take part in the visiting items to be otherwise paid.
Article 34 The travel agencies shall not request tour guides or tour leaders to receive tourists teams not paying reception or service fees or paying fees lower than the reception or service costs, and shall not request the tour guide or tour leaders to undertake the relevant fees for receiving tourist teams.
Article 35 The travel agencies, in violation of the tourism contracts, causing damages to the legitimate rights and interests of tourists, shall take the necessary remedial measures and timely report the cases to the tourism administration department.
Article 36 The travel agencies in need of making commissions for the tourist businesses, shall entrust the businesses to the travel agencies with corresponding qualifications, obtain consent of the tourists, and enter into commission contracts with the travel agencies accepting commission on reception of the tourists, to clarify the service arrangement and standards for reception of tourists and the rights and obligations of both parties.
Article 37 The travel agencies entrusting tourist business to other travel agencies shall pay expenses not lower than the reception and service costs.
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Order of the State Council No.666
February 6, 2016
(Promulgated by the Order of the State Council of the People's Republic of China No.550 on February 20, 2009; and revised in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on February 6, 2016)
Chapter I General Provisions
Article 1 These Regulations are hereby promulgated to strengthen management of travel agencies, guarantee the legitimate rights and interests of tourists and travel agencies, maintain the order of the tourist market, and promote the healthy development of the tourist industry.
Article 2 These Regulations are applicable to the establishment and business of the travel agencies within the territory of the People's Republic of China.
The travel agencies as mentioned in these Regulations refer to the operation activities entities engaged in domestic tourist business, inbound tourist business, or outbound tourist business, including soliciting for, organizing and receiving tourists and providing other tourist services to the tourists.
Article 3 The tourism competent authorities under the State Council shall take charge of the supervision and management of all travel agencies across the whole country.
The tourism administration departments under the people's governments at the county level or above shall be in charge of the supervision and management of travel agencies within their respective jurisdictions in accordance with their limits of power.
The departments of industry and commerce, price, business, foreign currency, etc. under the people's governments at the county level or above shall, in accordance with their limits of power, carry out supervision and management on the travel agencies in accordance with the law.
Article 4 While carrying out operation activities, the travel agencies shall observe the principles of voluntariness, equity, fairness, honesty, and creditability to improve service quality and safeguard the legitimate rights and interests of the tourists.
Article 5 The travel agencies industrial associations shall, in accordance with their regulations, provide the travel agencies with services, play a coordinating and self-discipline role, and guide the travel agencies to operate legally, fairly, and honestly.
Chapter II Establishment of Travel Agencies
Article 6 To apply for engaging in domestic tourist business and inbound tourist business, the applicant shall have corporate capacity, with a registered capital of not less than CNY 300,000.
Article 32 Travel agencies employing tour guides and tour leaders shall enter into labor contracts in accordance with the law, and pay remunerations not lower than the local minimum wage standard to them.
Article 33 The travel agencies, as well as the tour guides and tour leaders appointed thereby, shall not have any of the following actions:
1 Refusing to fulfill the obligations as agreed in the tourism contracts;
2 Changing the travel routes as arranged in the tourist contracts for reasons other than force majeure; or
3 Deceiving and forcing tourists to do some shopping or take part in the visiting items to be otherwise paid.
Article 34 The travel agencies shall not request tour guides or tour leaders to receive tourists teams not paying reception or service fees or paying fees lower than the reception or service costs, and shall not request the tour guide or tour leaders to undertake the relevant fees for receiving tourist teams.
Article 35 The travel agencies, in violation of the tourism contracts, causing damages to the legitimate rights and interests of tourists, shall take the necessary remedial measures and timely report the cases to the tourism administration department.
Article 36 The travel agencies in need of making commissions for the tourist businesses, shall entrust the businesses to the travel agencies with corresponding qualifications, obtain consent of the tourists, and enter into commission contracts with the travel agencies accepting commission on reception of the tourists, to clarify the service arrangement and standards for reception of tourists and the rights and obligations of both parties.
Article 37 The travel agencies entrusting tourist business to other travel agencies shall pay expenses not lower than the reception and service costs.
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