Interim Measures for the Pilot Program of Sino-foreign Joint Venture Travel Agencies

Article 1 In order to further expand the opening up of the tourism industry and promote the development of the tourism industry, in accordance with the "Law of the People's Republic of China on Sino-Foreign Equity Joint Ventures" and the "Travel Agency Management Regulations" and relevant laws, regulations and formulates these Measures. Article 2 These Measures apply to Sino-foreign joint venture travel agencies established in China by foreign companies and enterprises and Chinese companies and enterprises (hereinafter referred to as "joint venture travel agencies"). Article 3 To apply for the establishment of a joint venture travel agency, the Chinese joint venturer shall meet the following conditions:

(1) It is an international travel agency;

(2) The average number of external contacts per year in the three years before application exceeds 30,000 person-times;

(3) The average annual total tourism business sales in the three years before application exceeds 50 million yuan;

(4) Be a formal member of the China Tourism Industry Association. Article 4 To apply for the establishment of a joint venture travel agency, the foreign partner shall meet the following conditions:

(1) It is a travel agency operating international tourism or an enterprise with a wholly-owned travel agency operating international tourism;

< p>(2) The total annual sales volume of tourism business is more than 50 million US dollars;

(3) Join an international or domestic computer reservation network, or have formed its own computer reservation network;

(4) Be a formal member of the tourism industry association of its home country. A joint venture travel agency established in Article 5 shall meet the following conditions:

(1) The registered capital shall not be less than 5 million yuan;

(2) The enterprise form shall be a limited liability company;< /p>

(3) The Chinese party’s investment shall account for no less than 51% of the registered capital;

(4) The legal representative shall be appointed by the Chinese party;

(5) There is Business premises, business facilities, and operating personnel that meet the requirements;

(6) The term of the joint venture shall not exceed 20 years. Article 6: Joint venture travel agencies shall pay travel agency quality guarantee deposits in accordance with the regulations for international travel agencies operating inbound tourism. Article 7 The review and approval procedures for joint venture travel agencies are:

(1) The Chinese joint venturer shall submit a project proposal and feasibility report for establishing a joint venture travel agency to the tourism administrative department of the province (autonomous region, municipality directly under the Central Government) or city under separate state planning where it is located. Sexual research reports and other documents. The provincial tourism administrative department will forward the application to the National Tourism Administration after preliminary review.

If the Chinese joint venturer is a central enterprise, it will be reported to the National Tourism Administration after preliminary review by its competent department.

The National Tourism Administration examines and approves submitted documents in accordance with national laws and regulations on tourism management.

(2) After obtaining approval from the National Tourism Administration, the Chinese joint venturer shall submit the contract, articles of association and other documents for the establishment of the joint venture travel agency to the local provincial foreign economic and trade department. After preliminary review, the provincial foreign economic and trade authorities will report it to the Ministry of Foreign Trade and Economic Cooperation.

If the Chinese joint venturer is a central enterprise, it will be reported to the Ministry of Foreign Trade and Economic Cooperation after preliminary review by its competent department.

The Ministry of Foreign Trade and Economic Cooperation shall examine and approve the submitted documents in accordance with the national laws and regulations on foreign investment.

(3) For projects that have been approved and agreed to be established, the Chinese partners shall handle the matter in accordance with the regulations with the "Approval Certificate for Foreign-Invested Enterprises" issued by the Ministry of Foreign Trade and Economic Cooperation and the "Travel Agency Business License" issued by the National Tourism Administration. Registration and tax registration procedures. Article 8 To apply for the establishment of a joint venture travel agency, the following documents must be submitted:

(1) Materials proving the qualifications of the Chinese joint venturer, including: a copy of the business license, the travel agency business license, the annual business inspection report for the three years before application, Membership certificates of relevant tourism industry associations;

(2) Qualification certification materials for foreign partners, including: copies of registration, bank credit certificates, financial status certification materials issued by accounting firms, and information provided by relevant computer companies Certificate of network access, certificate of membership of the domestic tourism industry association, and annual report for the year before application;

(3) Joint venture travel agency project proposal;

(4) Feasibility study of joint venture travel agency Report;

(5) Contract and articles of association of the joint venture travel agency;

(6) Other materials required by laws, regulations and approval agencies. Article 9 Each foreign joint venturer can only invest in and establish one joint venture travel agency in China. Article 10: Joint venture travel agencies are temporarily not allowed to establish branches during the pilot phase. Article 11 Joint venture travel agencies may operate inbound tourism business and domestic tourism business. Article 12: Joint venture travel agencies are temporarily not allowed to operate Chinese citizens’ travel business to foreign countries and the Hong Kong Special Administrative Region, Macao, and Taiwan. Article 13 Joint venture travel agencies operating special tourism projects and tourism projects to special areas must report to the National Tourism Administration and relevant departments for approval. Article 14 A joint venture travel agency shall not organize or arrange projects that contain obscenity, gambling, drug abuse, or other projects that are harmful to social morality and people's physical and mental health; they may not organize projects that harm the national interests and national dignity of the Republic of the People's Republic of China; Projects containing content prohibited by Chinese laws and regulations are not allowed. Article 15 Joint venture travel agencies that employ tour guides in China shall comply with relevant national regulations. Article 16 Joint venture travel agencies must accept the industry management of the tourism administrative department. Article 17 Joint venture travel agencies must submit financial, accounting and statistical statements to tourism administration and other relevant departments in accordance with regulations, and accept business inspections. Article 18 The foreign exchange receipts and payments of joint venture travel agencies shall be handled in accordance with the relevant measures for foreign-invested enterprises.

Article 19 Joint venture travel agencies must abide by the laws and regulations of the People's Republic of China and be governed by Chinese laws and regulations. Their legitimate business activities and legitimate rights and interests are protected by Chinese laws and regulations.

If a joint venture travel agency violates Chinese laws and regulations, it will be dealt with in accordance with the relevant laws and regulations.