Order of the State Council of the People 's Republic of China

No. 550 "Travel Agency Regulations" has been approved by the 47th Ｅxecutive meeting of the State Council on 21 January 2009 and is hereby promulgated and shall come into force as of May 1, 2009.

Premier Wen Jiabao

February 20, 2009

Travel agency regulations

Chapter 1 General Provisions

Article 1 These Regulations are formulated in order to strengthen the management of travel agencies, protect the legitimate rights and interests of tourists and travel agents, maintain the order of the tourism market and promote the healthy development of the tourism industry.

Article 2 These Regulations shall apply to the establishment and operation of travel agencies within the territory of the People's Republic of China.

The term "travel agency" as mentioned in these Regulations refers to an enterprise which is engaged in activities such as attracting, organizing and receiving tourists, providing relevant tourist services to tourists, conducting domestic tourism business, inbound tourism business or outbound tourism business.

Article 3 The competent department of tourism administration under the State Council shall be responsible for the supervision and administration of the national travel agency.

The departments in charge of the management of tourism at the local people's governments at or above the county level shall be responsible for the supervision and administration of travel agencies within their respective administrative areas in accordance with their duties.

The relevant departments of commerce, commerce, price, commerce, foreign exchange and other relevant departments of the people's governments at or above the county level shall, in accordance with the division of responsibilities, supervise and manage the travel agencies according to law.

Article 4 Travel agencies shall follow the principles of voluntariness, equality, fairness and good faith in their business activities, improve the quality of service and safeguard the legitimate rights and interests of tourists.

Article 5 The travel agency industry organization shall provide services for the travel agencies in accordance with the articles of association, and shall play a coordinating and self-regulatory role, and guide the legal affairs of the travel agencies, fair competition and integrity management.

Chapter II Establishment of travel agencies

Article 6 When applying for the establishment of a travel agency, operating domestic tourism business and inbound tourism business, the following conditions shall be met:

(A) have a fixed place of business;

(B) the necessary business facilities;

(C) there are not less than 30 million registered capital.

Article 7 An application for the establishment of a travel agency, the domestic tourism business and the inbound tourism business shall be submitted to the municipal administrative department of tourism of the province, autonomous region or municipality directly under the Central Government or the municipal administrative department of tourism under its jurisdiction. Article 6 of the relevant supporting documents. The administrative department of tourism that accepts the application shall, within 20 working days from the date of accepting the application, make a decision on permission or disapproval. The applicant shall issue a travel business license to the applicant, and the applicant shall set up a registration with the administrative department for industry and commerce on the business license of the travel agency. If the license is not granted, the applicant shall notify the applicant in writing and explain the reasons.

Article 8 Where a travel agency obtains an operating license for two years and has not been punished by the administrative organ for the violation of the lawful rights and interests of the tourists, it may apply for the business of outbound tourism.

Article 9 An application for the operation of an outbound tourism shall be submitted to the tourism administrative department of the State Council or the administrative department for tourism of the province, autonomous region or municipality directly under the Central Government where it entrusts, and the tourism administrative department that accepts the application shall, from the date of acceptance of the application, Day to make a permit or not to allow the decision. The travel agency shall exchange the business license of the travel agency to the administrative department for industry and commerce for alteration registration; if the license is not permitted, the applicant shall notify the applicant in writing and explain the reasons.

Article 10 Where a travel agency establishes a branch, a copy of the business license of the travel agency shall be set up for registration of the administrative department for industry and commerce where the branch office is located and shall be filed with the tourism administrative department of the branch office within 3 working days from the date of establishment registration.

The establishment of the travel agency branch is not subject to geographical restrictions. The business scope of the branch office shall not exceed the business scope of the travel agency where the branch office is established.

Article 11 A travel agency shall set up a registration service to the administrative department for industry and commerce and file with the tourism administrative department of the locality according to the law.

Travel agency service outlets should accept the unified management of travel agencies, shall not engage in attracting, consulting activities outside.

Article 12 Where a travel agency changes its name, place of business, legal representative and other registration matters or terminates its business, it shall go to the administrative department for industry and commerce for the corresponding alteration registration or cancellation of registration and shall, within 10 working days from the date of completion of the registration process , To the original approved tourism administrative department for the record, redemption or return to the travel business business license.

Article 13 A travel agency shall, within three working days from the date of obtaining the business license of the travel agency, set up a special quality deposit account in the bank designated by the tourism administrative department under the State Council, deposit it into the quality deposit, or make a permit to the tourism administration The management department shall submit the guarantee amount according to law not less than the bank guarantee of the corresponding quality margin amount.

The travel agency operating the domestic tourism business and the inbound tourism business shall deposit the quality deposit of RMB 200,000 yuan. The travel agency who operates the outbound tourism business shall raise the quality deposit of 1.2 million yuan.

The margin of the quality deposit belongs to the travel agency.

Article 14 For every branch of the travel agency that operates the domestic tourism business and the inbound tourism business, the travel agency shall add up to RMB 50,000 to its quality deposit account. Each branch of a travel business shall set up a deposit account for its quality deposit account. Million yuan.

Article 15 In any of the following circumstances, the tourism administrative department may use the quality guarantee of the travel agency:

(1) The travel agency violates the stipulations of the tourism contract and infringes upon the lawful rights and interests of the tourists and is verified by the tourism administrative department;

(2) the travel agency has lost the travel expenses due to dissolution, bankruptcy or other reasons.

Article 16 If the travel agency determines that the travel agency damages the lawful rights and interests of the tourists and the travel agency refuses or is unable to compensate, the people 's court may draw compensation from the quality deposit account of the travel agency.

Article 17 Where the travel agency has not been punished by the administrative organ for more than three years from the date of payment or guarantee of the quality deposit, the administrative department of tourism shall reduce the deposit amount of the travel agency's quality deposit by 50% Social announcement. Travel agencies can take provincial, autonomous regions and municipalities directly under the jurisdiction of the tourism administration issued by the certificate to reduce its quality margin.

Article 18 Where a travel agency uses the quality deposit to compensate the loss of the tourist or fails to reduce the quality deposit according to law, the travel agency shall, upon the payment of the above penalties imposed by the administrative organ for the violation of the lawful rights and interests of the tourists, Quality assurance notice within 5 working days from the date of making up the quality deposit.

Article XIX travel agents are no longer engaged in tourism business, with the tourism administrative department issued a certificate to the bank to recover the quality of the deposit.

Article 20 The specific administrative measures for the payment and use of the quality deposit shall be formulated separately by the competent department of tourism administration under the State Council and the financial department of the State Council in conjunction with the relevant departments.

Chapter III Foreign Investment Travel Agencies

Article 21 The foreign-invested travel agency shall apply the provisions of this Chapter; other relevant provisions of this Regulation shall apply to the provisions of this Chapter.

The foreign-invested travel agencies mentioned in the preceding paragraph include Sino-foreign joint venture travel agencies, Chinese-foreign cooperative travel agencies and foreign travel agencies.

Article 22 The establishment of a foreign investment travel agency shall be submitted by the investor to the administrative department of tourism under the State Council and submit the relevant supporting documents in accordance with the conditions prescribed in Article 6 of these Regulations. The competent department of tourism administration under the State Council shall, within 30 working days from the date of acceptance of the application, examine the examination. Agreed to set up, issued a foreign investment travel agency business license approval; do not agree to set up, notify the applicant in writing and explain the reasons.

The applicant shall submit to the competent commerce department under the State Council the application for the establishment of a foreign-invested enterprise by a contract signed by the applicant for the approval of the business license of the foreign-invested travel agency. The competent department of commerce under the State Council shall, in accordance with the relevant laws and regulations, make a decision on approval or disapproval. The applicant shall obtain the certificate of approval of the foreign-invested enterprise and notify the applicant to obtain the business license of the travel agency from the competent department of tourism administration under the State Council. The applicant shall set up a registration certificate with the administrative department for industry and commerce for the business license of the travel agency and the certificate of approval of the foreign-invested enterprise ; Not to approve, notify the applicant in writing and explain the reasons.

Article 23 A foreign-invested travel agency shall not operate the tourism business of the Chinese mainland residents abroad and travel to the Hong Kong Special Administrative Region, the Macao Special Administrative Region and the Taiwan Region, but the State Council decides either China's signed free trade agreement and the Mainland and Hong Kong and Macao Closer Economic and Trade Arrangements Unless otherwise specified.