Tourism Law of the People's Republic of China (Amended in 2018)
Tourism Law of the People's Republic of China (Amended in 2018)
Tourism Law of the People's Republic of China (Amended in 2018)
Order of the President of the People's Republic of China No. 16
October 26, 2018
(Adopted at the 2nd session of the Standing Committee of the 12th National People's Congress of the People's Republic of China on April 25, 2013, and amended for the first time according to the Decision on Revising Twelve Laws including the Foreign Trade Law of the People's Republic of China passed at the 24th session of the Standing Committee of the 12th National People's Congress of the People's Republic of China on November 7, 2016; and amended for the second time in accordance with the Decision on Amending Fifteen Laws Including the Law of the People's Republic of China on the Protection of Wild Animals adopted at the Sixth Session of the Standing Committee of the 13th National People's Congress on October 26, 2018)
Table of Contents
Chapter I General Provisions
Chapter II Tourists
Chapter III Tourism Planning and Promotion
Chapter IV Tourism Operation
Chapter V Tourism Service Contract
Chapter VI Tourism Security
Chapter VII Tourism Supervision and Management
Chapter VIII Tourism Dispute Settlement
Chapter IX Legal Responsibilities
Chapter X Supplementary Provisions
Chapter I General Provisions
Chapter I General Provisions
Article 1 This law is made to protect the legitimate rights and interests of the tourists and tourism operators, regulate the order of the tourism market, protect and reasonably utilize tourism resources, and promote the sustained and healthy development of tourism.
Article 2 The law applies to the tours, vacations, leisure activities and other forms of tourism activities organized within the territory of or to go beyond the territory of the People's Republic of China, and the business operations providing relevant tourism services.
Article 3 The State develops tourism, improves public tourism services, and protects tourists' rights in tourism activities.
Article 4 The development of tourism shall follow the principle of unifying social, economic and ecological benefits. The State encourages all categories of market entities to reasonably and legally utilize tourism resources under the premise of effectively protecting them. Sightseeing sites built with public resources shall demonstrate their public nature.
Article 5 The State advocates healthy, civilized and environmental ways of tourism, supports and encourages various social institutions to launch public tourism promotion activities for public welfare, and gives awards to the employers and individuals making outstanding contributions to promoting tourism development.
Article 6 The State builds and improves tourism service standards and market rules, and prohibits industrial monopoly and regional monopoly. Tourism operators shall run business with integrity, compete fairly, and undertake their social responsibilities to provide safe, healthy, sanitary and convenient tourism services for the tourists.
Article 7 The State Council builds and improves an integrated tourism coordination mechanism to make overall coordination for tourism development.
Local people's governments above the county level shall strengthen the organization and leadership of tourism work, clearly designate specific tourism departments and institutions, and make the overall coordinate between tourism development, supervision and operation in their respective administrative regions.
Article 8 Tourism industry organizations established in accordance with the law shall carry out self-regulation.
Chapter II Tourists
Article 9 Tourists shall be entitled to select tourism products and services independently and refuse coercive trade behaviors of tourism operators.
Tourists have the right to get the true information on the tourism products and services they buy.
Tourists have the right to require tourism operators to provide products and services set forth in the contract.
Article 10 The human dignity, national customs and religious beliefs of tourists shall be respected.
Article 11 The disabled, the elderly and the minors shall enjoy due convenience and benefits in tourism activities in accordance with laws, regulations and relevant rules.
Article 12 Tourists have the right to request for assistance and help in case their personal and property safety is in danger.
Tourists have the right to be compensated for in accordance with the law in case their personal safety and property are infringed.
Article 13 Tourists shall observe public order and respect social morality in tourism activities, respect local customs, cultural traditions and religious beliefs, care for tourism resources, protect the ecological environment, and abide by the norms of civilized tourist behaviors.
Article 14 Tourists are not allowed to harm local people's legitimate rights and interests, interfere with the tourism activities of others or harm the legitimate rights and interests of tourism operators and tourism practitioners in tourism activities or when settling a dispute.
Article 15 When purchasing and accepting tourism services, tourists shall truthfully inform the tourism operators of their personal health conditions relating to the tourism activities, and follow the safety warnings and requirements in tourism activities.
Tourists shall act in line with the measures taken by the State which temporarily restrict tourism activities in order to settle major emergencies, as well as the security and emergency response measures taken by relevant departments, agencies or tourism operators.
Tourists who conduct against safety warnings and requirements, or refuse to act in line with measures taken by the State which temporarily restrict tourism activities in order to settle major emergencies, and security and emergency response measures shall bear corresponding responsibilities in accordance with the law.
Article 16 Outbound tourists are not allowed to stay abroad illegally. Outbound tourists who travel in a group are not allowed to leave or separate from the group without permission.
Inbound tourists are not allowed to stay within the territory of China illegally, or leave or separate from the group without permission if travelling in a group.
Chapter III Tourism Planning and Promotion
Article 17 The State Council and the local people's governments above the county level shall incorporate the development of the tourism industry in the planning of national economic and social development.
The State Council, the people's governments of municipalities, provinces, and autonomous regions, and people's governments of prefectures and counties having districts with rich tourism resources under their jurisdiction shall organize the compilation of the planning for tourism development according to the requirements set in the national planning for economic and social development. When utilizing tourism resources covering multiple administrative regions that are good to be utilized as a whole, higher-level people's governments shall organize the compilation, or relevant local people's governments shall compile unified planning for tourism development through consultation.
Article 18 The planning for tourism development shall have such content as the overall requirements and development goals of the tourism industry, the requirements on and measures for the protection and utilization of tourism resources, as well as the requirements on the development of tourism products, the improvement of the quality of tourism services, the construction of tourism culture, the promotion of tourism images, tourism infrastructure and the construction of public service facilities, as well as promotional measures.
Based on the planning for tourism development, the local people's governments above the county level may develop special planning for developing and utilizing key tourism resources, and set special requirements for the tourism projects, facilities and supporting service functions in certain areas.
Article 19 The planning for tourism development shall be matched with the master planning for land use, urban and rural planning, planning for environmental protection and the planning for protecting and utilizing other natural resources, cultural relics, among other humanistic resources.
Article 20 People's governments at all levels shall take into full consideration the requirements on the spatial layout and land for construction of relevant tourism projects and tourism facilities when developing the master planning for land use. The need to develop the tourism industry shall be taken into consideration when designing and constructing transport, communications, water supply, power supply and environmental protection infrastructure and public service facilities.
Article 21 When utilizing natural resources and humanistic resources like cultural relics as tourism resources, relevant laws and regulations must be strictly abided by, the requirements on resources, ecological protection and the safety of cultural relics must be met, local traditional culture and customs must be respected and maintained, the regional integrity, cultural representation and local characteristics must be protected, and the need to protect military facilities must be taken into consideration. Competent departments shall intensify the supervision and examination of resource protection and the utilization of resources for the purpose of tourism.
Article 22 Local people's governments at all levels shall organize assessments of the implementation of the planning for tourism development compiled by the people's governments of the same level, and shall make public the assessment result.
Article 23 The State Council and the local people's governments above the county level shall develop and organize the implementation of industrial policies beneficial to sustained and healthy tourism development, push forward the construction of tourism and leisure activities, take measures to advance regional tourism cooperation, encourage the development of inter-regional tourism routes and product development, promote the integration of tourism with such fields as industry, agriculture, commerce, culture, health, sports, science and education, etc., and support minority areas, old revolutionary bases, remote areas and poor areas to develop tourism.
Article 24 The State Council and the local people's governments above the county level shall allocate funds based on the local conditions, and intensify the construction of tourism infrastructure, public tourism services and the promotion of tourism images.
Article 25 The State develops and puts into practice the tourism image promotion strategy. The department in charge of tourism under the State Council shall be responsible for making overall planning for promoting the national tourism image abroad, build tourism image promotion institutions and network, and conduct international tourism cooperation and communication.
The local people's governments above the county level shall be responsible for the overall planning of local tourism image promotion.
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Order of the President of the People's Republic of China No. 16
October 26, 2018
(Adopted at the 2nd session of the Standing Committee of the 12th National People's Congress of the People's Republic of China on April 25, 2013, and amended for the first time according to the Decision on Revising Twelve Laws including the Foreign Trade Law of the People's Republic of China passed at the 24th session of the Standing Committee of the 12th National People's Congress of the People's Republic of China on November 7, 2016; and amended for the second time in accordance with the Decision on Amending Fifteen Laws Including the Law of the People's Republic of China on the Protection of Wild Animals adopted at the Sixth Session of the Standing Committee of the 13th National People's Congress on October 26, 2018)
Table of Contents
Chapter I General Provisions
Chapter II Tourists
Chapter III Tourism Planning and Promotion
Chapter IV Tourism Operation
Chapter V Tourism Service Contract
Chapter VI Tourism Security
Chapter VII Tourism Supervision and Management
Chapter VIII Tourism Dispute Settlement
Chapter IX Legal Responsibilities
Chapter X Supplementary Provisions
Chapter I General Provisions
Chapter I General Provisions
Article 1 This law is made to protect the legitimate rights and interests of the tourists and tourism operators, regulate the order of the tourism market, protect and reasonably utilize tourism resources, and promote the sustained and healthy development of tourism.
Article 2 The law applies to the tours, vacations, leisure activities and other forms of tourism activities organized within the territory of or to go beyond the territory of the People's Republic of China, and the business operations providing relevant tourism services.
Article 3 The State develops tourism, improves public tourism services, and protects tourists' rights in tourism activities.
Article 4 The development of tourism shall follow the principle of unifying social, economic and ecological benefits. The State encourages all categories of market entities to reasonably and legally utilize tourism resources under the premise of effectively protecting them. Sightseeing sites built with public resources shall demonstrate their public nature.
Article 5 The State advocates healthy, civilized and environmental ways of tourism, supports and encourages various social institutions to launch public tourism promotion activities for public welfare, and gives awards to the employers and individuals making outstanding contributions to promoting tourism development.
Article 6 The State builds and improves tourism service standards and market rules, and prohibits industrial monopoly and regional monopoly. Tourism operators shall run business with integrity, compete fairly, and undertake their social responsibilities to provide safe, healthy, sanitary and convenient tourism services for the tourists.
Article 7 The State Council builds and improves an integrated tourism coordination mechanism to make overall coordination for tourism development.
Local people's governments above the county level shall strengthen the organization and leadership of tourism work, clearly designate specific tourism departments and institutions, and make the overall coordinate between tourism development, supervision and operation in their respective administrative regions.
Article 8 Tourism industry organizations established in accordance with the law shall carry out self-regulation.
Chapter II Tourists
Article 9 Tourists shall be entitled to select tourism products and services independently and refuse coercive trade behaviors of tourism operators.
Tourists have the right to get the true information on the tourism products and services they buy.
Tourists have the right to require tourism operators to provide products and services set forth in the contract.
Article 10 The human dignity, national customs and religious beliefs of tourists shall be respected.
Article 11 The disabled, the elderly and the minors shall enjoy due convenience and benefits in tourism activities in accordance with laws, regulations and relevant rules.
Article 12 Tourists have the right to request for assistance and help in case their personal and property safety is in danger.
Tourists have the right to be compensated for in accordance with the law in case their personal safety and property are infringed.
Article 13 Tourists shall observe public order and respect social morality in tourism activities, respect local customs, cultural traditions and religious beliefs, care for tourism resources, protect the ecological environment, and abide by the norms of civilized tourist behaviors.
Article 14 Tourists are not allowed to harm local people's legitimate rights and interests, interfere with the tourism activities of others or harm the legitimate rights and interests of tourism operators and tourism practitioners in tourism activities or when settling a dispute.
Article 15 When purchasing and accepting tourism services, tourists shall truthfully inform the tourism operators of their personal health conditions relating to the tourism activities, and follow the safety warnings and requirements in tourism activities.
Tourists shall act in line with the measures taken by the State which temporarily restrict tourism activities in order to settle major emergencies, as well as the security and emergency response measures taken by relevant departments, agencies or tourism operators.
Tourists who conduct against safety warnings and requirements, or refuse to act in line with measures taken by the State which temporarily restrict tourism activities in order to settle major emergencies, and security and emergency response measures shall bear corresponding responsibilities in accordance with the law.
Article 16 Outbound tourists are not allowed to stay abroad illegally. Outbound tourists who travel in a group are not allowed to leave or separate from the group without permission.
Inbound tourists are not allowed to stay within the territory of China illegally, or leave or separate from the group without permission if travelling in a group.
Chapter III Tourism Planning and Promotion
Article 17 The State Council and the local people's governments above the county level shall incorporate the development of the tourism industry in the planning of national economic and social development.
The State Council, the people's governments of municipalities, provinces, and autonomous regions, and people's governments of prefectures and counties having districts with rich tourism resources under their jurisdiction shall organize the compilation of the planning for tourism development according to the requirements set in the national planning for economic and social development. When utilizing tourism resources covering multiple administrative regions that are good to be utilized as a whole, higher-level people's governments shall organize the compilation, or relevant local people's governments shall compile unified planning for tourism development through consultation.
Article 18 The planning for tourism development shall have such content as the overall requirements and development goals of the tourism industry, the requirements on and measures for the protection and utilization of tourism resources, as well as the requirements on the development of tourism products, the improvement of the quality of tourism services, the construction of tourism culture, the promotion of tourism images, tourism infrastructure and the construction of public service facilities, as well as promotional measures.
Based on the planning for tourism development, the local people's governments above the county level may develop special planning for developing and utilizing key tourism resources, and set special requirements for the tourism projects, facilities and supporting service functions in certain areas.
Article 19 The planning for tourism development shall be matched with the master planning for land use, urban and rural planning, planning for environmental protection and the planning for protecting and utilizing other natural resources, cultural relics, among other humanistic resources.
Article 20 People's governments at all levels shall take into full consideration the requirements on the spatial layout and land for construction of relevant tourism projects and tourism facilities when developing the master planning for land use. The need to develop the tourism industry shall be taken into consideration when designing and constructing transport, communications, water supply, power supply and environmental protection infrastructure and public service facilities.
Article 21 When utilizing natural resources and humanistic resources like cultural relics as tourism resources, relevant laws and regulations must be strictly abided by, the requirements on resources, ecological protection and the safety of cultural relics must be met, local traditional culture and customs must be respected and maintained, the regional integrity, cultural representation and local characteristics must be protected, and the need to protect military facilities must be taken into consideration. Competent departments shall intensify the supervision and examination of resource protection and the utilization of resources for the purpose of tourism.
Article 22 Local people's governments at all levels shall organize assessments of the implementation of the planning for tourism development compiled by the people's governments of the same level, and shall make public the assessment result.
Article 23 The State Council and the local people's governments above the county level shall develop and organize the implementation of industrial policies beneficial to sustained and healthy tourism development, push forward the construction of tourism and leisure activities, take measures to advance regional tourism cooperation, encourage the development of inter-regional tourism routes and product development, promote the integration of tourism with such fields as industry, agriculture, commerce, culture, health, sports, science and education, etc., and support minority areas, old revolutionary bases, remote areas and poor areas to develop tourism.
Article 24 The State Council and the local people's governments above the county level shall allocate funds based on the local conditions, and intensify the construction of tourism infrastructure, public tourism services and the promotion of tourism images.
Article 25 The State develops and puts into practice the tourism image promotion strategy. The department in charge of tourism under the State Council shall be responsible for making overall planning for promoting the national tourism image abroad, build tourism image promotion institutions and network, and conduct international tourism cooperation and communication.
The local people's governments above the county level shall be responsible for the overall planning of local tourism image promotion.
......