旅行社管理条例 REGULATIONS ON THE ADMINISTRATION OF TOURIST AGENCIES

国务院令第205号
（Promulgated by Decree No. 205 of the State Council of the People's Republic of China on October 15， 1996）
颁布日期：19961015 　实施日期：19961015 　颁布单位：国务院

　　Chapter I General Provisions

　　Article 1 These Regulations are formulated to strengthen the administration of tourist agencies， to safeguard lawful rights and interests of tourists and tourist agencies， to maintain the order in the tourist market and to promote the healthy development of the tourist industry.

　　Article 2 These Regulations are applicable to tourist agencies established within the territory of the People's Republic of China and to resident offices established by foreign tourist agencies within the territory of the People's Republic of China （hereinafter referred to as “resident offices of foreign tourist agencies”）。

　　Article 3 Tourist agencies mentioned in these Regulations refer to those enterprises engaged in tourist business for profit.

　　Tourist business mentioned in these Regulations refers to the non-gratis services and operational activities which include completing entry， departure and visa formalities on behalf of tourists， soliciting and receiving tourists， and making arrangements for their meals and accommodation.

　　Article 4 The tourism administration department under the State Council shall be responsible for the supervision and management of tourist agencies in the whole country.

　　Departments in charge of tourism of local people's governments at or above the county level shall， according to their functions， be responsible for the supervision and management of tourist agencies within their administrative areas.

　　The departments prescribed in the first and second paragraphs in this Article are generally referred to as tourism administration departments.

　　Article 5 Tourist agencies shall be divided into international tourist agencies and domestic tourist agencies according to the scope of their business.

　　The scope of business for international tourist agencies shall include entry tourist services， exit tourist services and domestic tourist services.

　　The scope of business for domestic tourist agencies shall be limited to domestic tourist services.

　　Chapter II Establishment of Tourist Agencies

　　Article 6 The following prerequisites shall be fulfilled for the establishment of a tourist agency：

　　（1） having a fixed site for business；

　　（2） having facilities necessary for business；

　　（3） having trained operational personnel with a qualification certificate issued by the tourism administration departments of people's governments of provinces autonomous regions or municipalities directly under the Central Government； and

　　（4） having a registered capital and a quality guarantee deposit as stipulated in Articles 7 and 8 of these Regulations.

　　Article 7 The registered capital of a tourist agency shall meet the following requirements：

　　（1） For an international tourist agency， the registered capital shall be no less than RMB 1，500，000 yuan；

　　（2） For a domestic tourist agency， the registered capital shall be no less than RMB 300，000 yuan.

　　Article 8 Anyone who applies for the establishment of a tourist agency shall pay a quality guarantee deposit to the tourism administration department in accordance with the following standards：

　　（1） An international tourist agency shall pay RMB 600，000 yuan for engaging in entry tourist business and shall pay RMB 1，000，000 yuan for engaging in exit tourist business.

　　（2） A domestic tourist agency shall pay RMB 100，000 yuan.

　　The quality guarantee deposit and interest derived therefrom during the period when it is under the control of the tourism administration department shall belong to the tourist agency. The tourism administration department may， according to relevant state provisions，

take a portion of the interest as costs of administration.

　　Article 9 Anyone who wishes to establish an international tourist agency shall submit an application to the department in charge of tourism of the people's government of the province， autonomous region or municipality directly under the Central Government where his tourist agency is located. Upon the examination and approval of the very department， the application shall be transmitted to the tourism administration department under the State Council for verification and approval.

　　Anyone who wishes to establish a domestic tourist agency shall submit an application to the department in charge of tourism of the people's government of the province， autonomous region or municipality directly under the Central Government for approval.

　　Article 10 Anyone who applies for the establishment of a tourist agency shall submit the following documents：

　　（1） a written application for establishment；

　　（2） a feasibility study report for the establishment of the tourist agency；

　　（3） articles of association of the tourist agency；

　　（4） the curriculum vitaes of the manager and deputy managers of the tourist agency and qualification certificates prescribed in Item （3） of Article 6 of these Regulations；

　　（5） a credit certificate provided by the bank where it has opened an account and an asset verification report provided by a certified public account and his public accountants' office or auditors' office；

　　（6） a certificate for the site of business； and

　　（7） a certificate for situation of facilities used in business.

　　Article 11 After receiving the application， the tourism administration department shall verify it according to the following principles：

　　（1） It shall conform to the development planning for tourist industry；

　　（2） It shall meet the demand of tourist market； and

　　（3） It shall fulfil the prerequisites prescribed in Article 6 of these Regulations.

　　The tourism administration department shall， within 30 days from the date of receiving the application， make its decision of approval or not approval and notify the applicant.

　　Article 12 The tourism administration department shall issue a Tourist Agency Permit for Tourist Business to the person whose application has been verified and approved. The person shall apply to the industry and commerce administrative department for a business licence on the strength of the permit. No one may engage in tourist business without the Tourist Agency Permit for Tourist Business.

　　Article 13 A tourist agency that intends to change its scope of business shall， subject to the verification and approval of the tourism administration department that verified and approved its establishment， register the change with the industry and commerce administrative department.

　　A tourist agency that intends to change its name， site of business， or legal representative， or to suspend its operations or close down shall go through the corresponding procedures for registering the change or cancelling its registration with the industry and commerce administrative department， and then submit the case to the tourism administration department that verified and approved its establishment for the record.

　　Article 14 The tourism administration department shall practise an announcement system governing tourist agencies， including announcements concerning opening for business， change of name， change of business scope， suspension of operations and revocation of permit.

　　Article 15 A tourist agency that receives more than 100，000 tourists a year may set up a branch without the status of legal person （hereinafter referred to as “branch”）。

　　For each branch it sets up， an international tourist agency shall increase its registered capital by RMB 750，000 yuan and its quality guarantee deposit by RMB

300，000 yuan. For each branch it sets up， a domestic tourist agency shall increase its registered capital by RMB 150，000 yuan and its quality guarantee deposit by RMB 50，000 yuan.

　　A tourist agency shall practise unified management， unified accounting and unified solicitation and acceptance of tourists together with its branch.

　　branches set up by tourist agencies shall put themselves under the supervision and control of the tourism administration departments of local people's governments at or above the county level in the places where they are located.

　　Article 16 Anyone who applies for the establishment of a tourist agency with joint investment or to be jointly operated by Chinese and foreign sides shall， subject to the approval of his application according to the provisions set by the State Council， go through procedures as required by relevant laws and administrative regulations.

　　Article 17 A foreign tourist agency that wishes to set up a resident office within the territory of the People's Republic of China shall apply to the tourism administration department under the State Council for approval.

　　Any resident office of foreign tourist agencies may only engage in tourist consultation， liaison and publicity but may not engage in tourist business.

　　Chapter III Management of Tourist Agencies

　　Article 18 A tourist agency shall conduct business operations within the scope as verified and approved.

　　A tourist agency shall comply with the principles of voluntariness， equality， fairness， honesty and credibility as well as business ethics in conducting business operations.

　　Article 19 Any tourist agency may not resort to the following unfair means to engage in tourist business and cause damage to its c

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