Full text of Shanxi Province Regulations on Promoting Tourism Development 2065 438-2009

Regulations of Shanxi Province on Promoting Tourism Development

(Adopted at the 17th meeting of the Standing Committee of the Tenth People's Congress of Shanxi Province on May 3/KLOC-0, 2005)

Chapter I General Principles

Article 1 In order to promote the development of tourism, these Regulations are formulated in accordance with the provisions of relevant laws and regulations and combined with the actual situation of this province.

Article 2 "Tourism" as mentioned in these Regulations refers to an industry that mainly provides products and services for tourism consumption activities by using tourism resources and tourism facilities.

Article 3 The development of tourism should adhere to government promotion, enterprise leading, social participation and market operation, and adhere to the unity of economic benefits, social benefits and ecological benefits.

Article 4 The people's governments at or above the county level shall incorporate the development of tourism into the national economic and social development plan, formulate policies and measures to guide and support the development of tourism, ensure the rational development and utilization of tourism resources, cultivate and develop the tourism market, improve the development environment of tourism, and gradually make tourism a pillar industry in this province.

Article 5 People's governments at or above the county level shall strengthen their leadership over the development of tourism, study and solve major problems in the development of tourism, establish and improve the leadership and coordination mechanism for the development of tourism, coordinate relevant departments to do a good job in promoting the development of tourism, and promote the coordinated development of tourism and related industries.

The departments in charge of tourism work of the people's governments at or above the county level (hereinafter referred to as tourism management departments) shall be responsible for the guidance, supervision and management of tourism development within their respective administrative areas.

Other relevant departments of the people's governments at or above the county level shall obey unified coordination and do a good job in promoting the development of tourism within their respective functions and duties.

Article 6 The people's governments at or above the county level shall commend and reward the units and individuals that have made outstanding contributions to the development of tourism.

Chapter II Tourism Planning and Resource Protection

Seventh the development of tourism should adhere to the first planning, then development, rational utilization and protection of tourism resources.

Article 8 People's governments at or above the county level shall formulate regional tourism development plans.

Regional tourism development planning should include the protection and development of tourism resources, infrastructure construction, tourism products and market development.

Article 9 The regional tourism development plan shall be based on the national economic and social development plan of the administrative region and the tourism development plan at the next higher level, conform to the requirements of urban system planning, overall urban planning and overall land use planning, and be related to the protection of cultural relics and scenic spots. Nature reserves, forest parks and other related planning convergence.

The relevant departments of the people's governments at or above the county level shall, when making plans related to tourism, link up with the development plans of tourism in this region.

Tenth regional tourism development planning at or above the county level shall be compiled by the tourism management department at the same level in conjunction with relevant departments, and implemented after being approved by the people's government at the same level.

When planning, the tourism management department shall conduct economic, social and environmental feasibility demonstration, organize expert review, and solicit the opinions of the tourism management department at the next higher level.

Eleventh tourist areas (spots) shall formulate tourism planning (hereinafter referred to as the planning of tourist areas (spots)). The planning of tourist areas (spots) shall meet the requirements of regional tourism development planning.

The planning of tourist areas (spots) shall be compiled by the management organization or the development and business operation unit entrusted by the management organization, and shall be submitted to the people's government at the same level for approval after being reviewed by the local county-level tourism management department in conjunction with relevant departments.

The planning of tourist areas (spots) across administrative regions shall be compiled by the tourism management department at the next higher level in conjunction with relevant departments, organized by experts, and reported to the people's government at the same level for approval.

Included in the provincial tourism development planning of provincial key tourist areas (spots) planning, respectively, by the units or departments specified in the second and third paragraphs of this article, the provincial tourism management department in conjunction with the relevant departments to review, organize expert review, submitted to the provincial people's government for approval.

Twelfth regional tourism development planning and tourism area (point) planning of the specific work should be undertaken by units with tourism planning and design qualifications.

Thirteenth approved regional tourism development planning and tourism area (point) planning should be strictly implemented, and shall not be changed without authorization; If it is really necessary to change, it shall be handled with reference to the provisions of Articles 10, 11 and 12 of this Ordinance.

Fourteenth tourism projects without the planning of tourist areas (spots) or tourism projects that do not conform to the regional tourism development planning and the planning of tourist areas (spots), no unit or individual may develop.

Fifteenth tourist areas (spots) planning, tourism development and management, should consider the carrying capacity of tourism resources and the overall layout of tourist areas (spots), and coordinate with the surrounding landscape. Tourist areas (spots) should generally separate tourist areas from life services.

The development of tourism resources shall maintain the characteristics and values of tourism resources, and shall not destroy the original environment and historical features of cultural relics and other cultural landscapes, the original ecological appearance of natural landscapes, or carry out destructive development.

Sixteenth tourism resources development must carry out environmental impact assessment in advance, and its waste treatment and disposal facilities must be designed at the same time as the main project. Synchronous construction. Put into use at the same time.

Seventeenth it is forbidden to build new projects that destroy the landscape and pollute the environment in the tourist area.

Before the implementation of these regulations, projects or facilities that have been built or are under construction in the tourist area that damage the landscape and pollute the environment shall be gradually relocated or dismantled within a time limit. Specific measures shall be formulated by the provincial people's government.

Chapter III Industrial Guidance and Support

Eighteenth people's governments at or above the county level shall, according to the needs of local tourism development, arrange certain special funds for tourism development.

The special funds for the development of tourism industry are mainly used for the promotion of tourism image and the construction of tourism infrastructure in tourist attractions (spots).

Article 19 People's governments at or above the county level and their relevant departments shall, in light of local and industrial realities, give full play to their resource advantages, promote the development of traditional tourism such as history, culture and natural ecology, promote the development of tourism products with characteristics such as red tourism, industrial and agricultural tourism, folk customs tourism, popular science education tourism and business exhibition tourism, and extend the industrial chain.

Twentieth city and county people's governments should promote the creation of excellent tourist cities in China and the best tourist cities in China. Won the title of excellent tourist city in China or the best tourist city in China, the provincial people's government shall commend and reward.

Article 21 The local people's government may grant discount loans or financial support to tourism development projects and infrastructure construction projects in tourist areas (spots) with an investment of not less than 20 million yuan and an operating period of 10 years as stipulated in the contract, which are recognized by the tourism management departments at or above the municipal level and conform to the national and provincial tourism industry policies.

Twenty-second people's governments at or above the county level shall support red tourism development projects or tourism poverty alleviation development projects in terms of infrastructure construction and funds.

Article 23 Trust and investment companies and other investment companies are encouraged to provide financial support for the development of key tourism projects.

Twenty-fourth people's governments at or above the county level and relevant departments shall promote the credit guarantee of tourism enterprises and create conditions for the financing of tourism enterprises.

Encourage all kinds of guarantee institutions to carry out guarantee business for tourism enterprises. Encourage tourism enterprises to carry out various forms of mutual financing guarantee according to law.

Twenty-fifth planning and land departments at or above the county level shall consider the land requirements for tourism development and construction when preparing the recent urban construction plan and land supply plan.

Twenty-sixth provincial people's government should integrate tourism education resources in the province, promote the development of tourism higher education, support the development of tourism vocational education and private tourism education, and support well-known tourism colleges at home and abroad to run schools or jointly run schools in the province.

Tourism management departments at or above the county level, tourism industry associations and tourism enterprises should strengthen the training of tourism professionals and improve the quality of employees.

Encourage qualified professional research institutions to carry out tourism economic research and promote the industrialization of research results.

Twenty-seventh people's governments at or above the county level shall support the construction of tourism information networks and develop tourism e-commerce.

Twenty-eighth provincial people's government should strengthen the coordination of tourist road traffic construction with civil aviation and railway passenger transport, and improve the conditions of tourist passenger transport.

The people's governments at or above the county level shall incorporate urban highways, trunk highways and tourist highways leading to tourist areas (spots) into highway construction planning and give priority to construction.

Chapter IV Market Cultivation and Development

Twenty-ninth tourism resources can be used for compensation, and tourist areas (spots) can transfer their management rights through bidding, auction and agreement. Except as otherwise provided by laws, administrative regulations and relevant provisions of the state.

Thirtieth to encourage and support tourism enterprises through mergers, acquisitions, holding, equity participation and other ways of cross-industry and cross-regional restructuring, to group development.

Encourage and support the professional management of tourism commodity development, entertainment, special catering, publicity and promotion, planning and design, information consultation and tour guide services.

Thirty-first foreign enterprises and individuals engaged in tourism development and management in this province, the local people's governments at or above the county level shall provide the same services as the tourism enterprises in this province in terms of administrative examination and approval, policy support and information services.

Encourage tourism enterprises in this province to set up tourism enterprises or set up branches outside the province and abroad.

Within the administrative area of this province, tourist hotels and restaurants implement the same water, electricity and gas prices as general industrial and commercial enterprises.

Thirty-second people's governments at or above the county level should strengthen cooperation with surrounding areas, realize the sharing of tourism resources, tourists and information, and cultivate a cross-regional joint tourism market.

Encourage and support tourism enterprises to strengthen regional cooperation and develop characteristic tourist route products.

Thirty-third people's governments at all levels should promote the marketization of historical and cultural resources such as folk customs and folk arts, and support enterprises to develop tourism cultural products with historical and cultural connotations and local characteristics.

Thirty-fourth encourage the development of professional tourist bus passenger transport companies, carry out tourist passenger transport business, and open up tourist passenger dedicated lines.

Encourage urban public passenger transport enterprises to open up special urban tourist lines.

City taxis can step out of the city at the request of tourists and enter tourist areas (spots). Specific measures shall be formulated by the provincial people's government.

Thirty-fifth people's governments at or above the county level shall take measures to guide enterprises to develop tourism projects that adapt to the market and cultivate the tourism consumption market.

Thirty-sixth state organs, enterprises, institutions and social organizations may entrust travel agencies to handle transportation, accommodation, catering, meetings and other matters for official activities approved by the examination and approval.

Thirty-seventh people's governments at or above the county level shall strengthen the publicity of tourism image in this province and guide tourism enterprises to carry out tourism market promotion activities.

The news media should strengthen the propaganda of tourism resources, tourism products and tourism culture in this province.

Thirty-eighth encourage and guide the construction and development of tourism industry associations.

Tourism industry associations should formulate industry norms, guide tourism enterprises to strengthen industry self-discipline and carry out tourism integrity services.

Thirty-ninth people's governments at or above the county level public security, transportation, culture, health, industry and commerce, quality supervision, safety supervision, tourism, price and other relevant departments.

The door should cooperate with each other, strengthen the supervision and management of the tourism market according to law, maintain the order of the tourism market, and optimize the tourism environment.

Chapter V Administrative Services and Guarantees

Fortieth provincial people's government should have relevant experts to participate in the formulation of tourism industry development policies and the demonstration of major tourism projects.

When the people's governments at or above the county level make major decisions related to the development of tourism, they should listen to opinions from all sides through hearings and demonstration meetings.

Forty-first people's governments at or above the county level and their development and reform, land, construction, forestry, culture, taxation, industry and commerce, tourism and religion.

Education, cultural relics and other departments shall handle the administrative licensing and other matters related to the development of tourism in a timely manner; Conditional should be unified, joint or centralized.

Forty-second administrative law enforcement departments shall not affect the normal business activities of tourist hotels and restaurants, and shall not infringe upon the legitimate rights and interests of tourists and tour operators.

Forty-third people's governments at or above the county level and their relevant departments shall publicize the laws, regulations and policies related to tourism through various media, disclose information on tourism government affairs, tourism services and tourism development projects, and provide information services to the society.

Forty-fourth people's governments at or above the county level shall establish and improve the tourism risk prevention mechanism and emergency response mechanism.

The people's governments at or above the county level shall strengthen the risk prediction closely related to tourism and provide information to tourism enterprises in a timely manner. When major natural disasters, safety accidents or infectious diseases occur, the people's governments at or above the county level shall take preventive measures in accordance with relevant regulations and start emergency plans.

Chapter VI Legal Liability

Forty-fifth in violation of the provisions of article fourteenth of this Ordinance, the people's governments at or above the county level shall be ordered to stop the illegal act and make corrections within a time limit.

Forty-sixth in violation of the provisions of the sixteenth paragraph of this Ordinance, the people's governments at or above the county level shall be ordered to stop the illegal act and dismantle it within a time limit; If it fails to be demolished within the time limit, and it fails to apply for administrative reconsideration or bring a lawsuit to the people's court according to law, it shall apply to the people's court for compulsory demolition.

Forty-sixth in violation of the provisions of this Ordinance, the people's governments at or above the county level, tourism management departments, other relevant departments and their staff have one of the following acts, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) in handling administrative licensing and other matters related to tourism, delaying or using their powers to seek benefits;

(2) Violating the legitimate rights and interests of tourists and tour operators or demanding property in the inspection of tourist hotels and restaurants;

(three) other acts of abuse of power, dereliction of duty and favoritism in the supervision and management of tourism.

Chapter VII Supplementary Provisions

Article 48 These Regulations shall come into force on July 6, 2005.