2022 travel agencies are in a dilemma: it is urgent to promote the revision of the Travel Agency Regulations.

2022 has really arrived, and the development trend of tourism has attracted many speculations. Although the situation is not clear, many people in the industry believe that in 2022, the life of travel agencies will be difficult, and only by keeping pace with the times can we usher in a glimmer of life.

The Market Management Department of the Ministry of Culture and Tourism recently released the survey of national travel agencies in the fourth quarter of 2002/kloc-0, showing that there were 183 16900 person-times and 38493600 person-times in the fourth quarter of 2002/kloc-0. Reception 1876 5438+0 million person-times, 36.6099 million person-times.

Different from previous years, the data of 202 1 has not been published. Then compared with the national travel agency survey in the fourth quarter of 2020, we will find that the decline is extremely large. In the fourth quarter of 2020, the national travel agencies organized 25,245,800 domestic trips and 62,663,800 domestic trips; Received 33.079 million person-times and 72.671.9 million person-times. It should be pointed out that the relevant data in the fourth quarter of 2020 decreased by 49. 13%, 56.26%, 34.80% and 39.30% respectively compared with 20 19.

The travel agency that is difficult to write has become a serious injury to an industry. Promoting the scientific and accurate revision of the Travel Agency Regulations is generally considered to be conducive to supporting the development of travel agencies.

A comprehensive revision of the Regulations is imminent.

On June 5438+1 October 2 1 day, 2009, the Travel Agency Regulations (hereinafter referred to as the Regulations) were adopted at the 47th executive meeting in the State Council, and came into force on May1day, 2009. Since then, it has undergone several revisions, but they are basically "minor repairs".

Peng Zhikai, former director of the Supervision Department of the National Tourism Administration, believes that the Regulations are formulated to strengthen the management of travel agencies, protect the legitimate rights and interests of tourists and travel agencies, maintain the order of the tourism market, and promote the healthy development of tourism. The first three revisions were made in accordance with the requirements of the State Council's Decision on Amending and Abolishing Some Administrative Regulations. With the arrival of the mass era, and the requirements of promoting the double cycle and strengthening and expanding the domestic tourism market, the revision of the Regulations is imminent.

Sun, secretary general of China Travel Agency Association, believes that the law itself is lagging behind. In order to adapt to the continuous development of economy and society and the change of tourism situation, it is necessary to revise some outdated clauses in the Regulations. With the passage of time, some clauses are restricting the healthy development of the travel agency industry and affecting the growth of new tourism formats, such as the quality assurance of travel agencies. Under the current situation, the revision of the Regulations has practical needs and long-term significance.

Meng Fanzhe, executive vice president and secretary general of the Tourism Law Research Association of the Beijing Law Society, analyzed that the regulations had played an active role in the development of tourism in China, but now some regulations are out of date. First, in terms of legislative thinking, in recent years, the demand for tourism consumption has been escalating and the tourism industry has been changing, which has put forward new requirements for legislation and needs to update and adjust concepts; Second, in terms of legislative adaptability, although the "Regulations" have been revised several times, the basic content has not changed fundamentally. Some stubborn diseases in the tourism market have been normalized, and there is a certain gap between the original supervision means and methods and the high-quality tourism demand expected by the broad masses of the people. Third, in terms of legislative effect, according to the requirements of the modernization of the national governance system and governance capacity, some provisions of the regulations are divorced from the requirements of the State Council to comprehensively promote "liberalization, management and service", which has some practical inconveniences and needs further revision and improvement.

It can be said that combined with the development and operation of travel agencies in recent years, the revision of the regulations should no longer be minor repairs, but a re-examination and policy guidance on the business format, industry development and market cultivation of travel agencies.

Clarify and clarify: further define the boundary, connotation and extension.

In view of how to accurately revise the regulations in the future, it is particularly important to clarify and clarify the guiding ideology and policy orientation, and it is necessary to further clarify and define the industrial form, overall appearance or boundary.

Professor Li Xinjian of beijing international studies university suggested that, first of all, the regulations need to be better linked with the Tourism Law, which has clearly stipulated this. Unless there are more detailed provisions in the Regulations, they are generally not repeated. The classification and provisions of the Regulations on travel agency business should be consistent with the Tourism Law. For example, the regulations only mention domestic tourism business, inbound tourism business and outbound tourism business, while the tourism business in the Tourism Law involves domestic tourism, outbound tourism, border tourism, inbound tourism and other tourism businesses, and the classification is inconsistent. Secondly, the form of tourism service is no longer limited to the traditional travel agency model, especially the development of network technology and the entry of non-tourism giants with strong scientific and technological genes into the tourism industry, which greatly affects the ecology of the tourism service industry and has a huge impact on the traditional travel agency business. If we want to better regulate the market order of tourism services, the object of restraint should not be limited to travel agencies. How to bring similar service organizations into management needs to be reconsidered, and the name of the regulations can also be considered for readjustment. Traditional long-distance travel and short-distance leisure consumption, the travel of mass teams and small groups, and the boundaries between the tourism world and the life world are all changing. Especially with the emergence of short-distance and micro-tourism, the traditional concept of tourists will not necessarily adapt to these new changes, so the applicable objects and related definitions of the Regulations can be optimized.

Meng Fanzhe believes that the "Regulations" need to clarify the concept of travel agencies. At present, there is no clear law enforcement basis for the regulatory authorities to investigate and deal with the travel agency business carried out by non-travel agencies. Therefore, it is necessary to scientifically define the boundary of "travel agency business" to ensure accurate and effective law enforcement.

Li Guang, deputy secretary-general of the Tourism Law Research Association of the Beijing Law Society, also believes that the regulations need to clarify the boundaries of travel agencies' licensed operations. At present, the "Regulations" are vague about which businesses can only be carried out by travel agencies, which has formed legal loopholes and provided operating space for some institutions to illegally carry out travel agency business.

Zhou, deputy general manager of Shanghai Chunqiu International Travel Service, said that the revision of the regulations should clarify the mode of free travel. Free travel is one of the main businesses of travel agencies at present, but there is still no specific definition and concept of the nature of free travel. Because free travel is not a traditional package tour, but a new tourism model, it should be renamed.

Sun Zhiyong, the relevant person in charge of Suzhou International Travel Service, said that for a long time, the business of travel agencies has no longer been a simple mode of organizing tours and receiving tours, but has already developed from a "horizontal division of labor" system to a stage of combining "vertical division of labor" and "horizontal division of labor". The definition of "package tour agency, land agency" is no longer in line with the actual situation of the tourism market. There are a large number of "wholesale" and "retail agent" business departments in the tourism market. The concept of "group-to-group connection" is more reflected in the division of functions in the business operation of travel agencies, and "wholesale and retail, principal-agent" is everywhere.

"Travel agency business is increasingly diversified, from group tours to fragmented services, from group tours to free travel, go on road trip and self-help tours. New tourism formats are constantly emerging, and the traditional business model based on group tours is increasingly squeezed. The trend of cultural tourism integration is becoming more and more obvious. There are more and more travel societies that do not include the word travel agency in the company name, such as outdoor, expansion, parent-child, education and training, recreation, health care and recuperation. Sun Zhiyong said that whether it is "tourism+"or "+tourism", the phenomenon that pan-tourism replaces traditional tourism has become very obvious, and the definitions of travel agencies and tourists have also changed in industry practice. I hope that the revision of the regulations can adapt to the changes and make some definitions.

At the same time, Sun Zhiyong also believes that the relationship between travel agencies and tour guides is not only a labor contract relationship, but also a labor contract relationship, and even a judicial case-handling judge judged it as a "contract" relationship. At present, the main force of tour guide service in the tourism market is social tour guide, not travel agency tour guide. Regulations should adapt to changes and clarify the relationship between travel agencies and tour guides, which is conducive to protecting the legitimate rights and interests of travel agencies and tour guides.

Loose activation: implement the requirements of "simplifying administration and decentralizing power, strengthening supervision and improving services" and vigorously stimulate market vitality.

Peng Zhikai believes that the basic principle of amending the regulations is to implement, manage and provide good services, simplify administration and decentralize power, strengthen supervision and improve services according to the requirements of the State Council. The first is the adjustment of administrative license. Why do travel agencies have to operate for two years before they can apply for outbound travel qualification? Why does it take 20 working days to accept an application for the establishment of a travel agency? Why do you have to restrict the service outlets of travel agencies from engaging in activities other than soliciting and consulting? The second is the adjustment of management terms. The Ministry of Culture and Tourism has begun to carry out the pilot payment method of quality deposit for travel agencies, and adjustment is imperative. It is necessary to increase the supervision content of OTA online business and clarify the responsibility and rights of travel agencies to operate single entrusted business. According to 20 18 institutional reform in the State Council, the supervision department of travel agencies was adjusted.

In fact, the current epidemic situation in COVID-19 has raised a realistic problem for the management of travel agencies, that is, how enterprises should provide industry relief, actively help themselves and strive for development opportunities when they are in business difficulties, especially when they are in industry difficulties.

Li Xinjian believes that the current "Regulations" are mainly regulatory policies, and there is a serious lack of encouraging, supportive and relief provisions, including whether to close down after the overall difficulties caused by similar epidemics, which have different effects on re-entering the market and obtaining similar exit business qualifications. The current "Regulations" require that you must have a business period of two years before you can apply for exit qualification. The state hopes to vigorously develop inbound tourism, but the incentive and support policies for inbound travel agencies are seriously insufficient. The enthusiasm of travel agencies is mainly in outbound travel business, and their profits mainly depend on outbound travel business, which is extremely unfavorable to the balanced and orderly development of travel agency industry and needs to be guided in laws and regulations. The new financial insurance and credit guarantee tools are not used enough, which are limited to traditional methods such as quality guarantee and bank interest, which affects the development of travel agencies and can be further optimized.

Li Guang also believes that the requirements of "travel agency quality deposit", "travel agency liability insurance" and "necessary tour guide" will bring heavy operating burden to travel agencies. There are many complaints and criticisms in the industry, which need to be solved by amending the regulations. In addition, the Regulations require that the form of legal person organization established by travel agencies must be "legal person", which needs to be adjusted and can be extended to the form of "unincorporated organization". For example, travel agencies can be established in the form of "partnership". Through the diversification of organizational forms, we will create better institutional conditions for the innovation and transformation of the travel agency industry. As for the relationship among tour guides, tour leaders and travel agencies, the current laws and regulations rigidly restrict the practice behavior of tour guides and travel agencies, forming a deformed employment relationship between tour guides and travel agencies, which is also the cause of a series of industry ills. The root of this provision lies in the Tourism Law. Before the Tourism Law is completely revised, the regulations should make necessary amendments to it.

Zhou also believes that travel agencies, as the main body of the market economy, should have the right to set their own prices if they have reasonable reasons and do not infringe on the legitimate rights and interests of tourists; At the same time, in some special occasions, due to force majeure or in order to safeguard the legitimate rights and interests of tourists, paid services should be allowed. The revision of the "Regulations" should be reflected.

Zhou said that the permitted scope of travel agencies should be determined on the premise of complying with the provisions of the Tourism Law. Travel agencies should diversify their tourism products and don't set too many restrictions, especially for border tours. At the same time, travel agencies should be encouraged to develop innovative tourism models and products.

Min Lingbo, deputy director of the Legal Work Committee of China Travel Agency Association and lawyer of Guangdong William Law Firm. J Law Firm, suggestions: First, cancel the quality guarantee system of travel agencies and improve the liability insurance system of travel agencies. The quality assurance system has not adapted to the development of the times. In the future, it can be replaced by improving the liability insurance of travel agencies, such as increasing the liability limit for personal injury and death, which is more conducive to protecting the rights and interests of tourists. Moreover, in the situation that the country is about to unify the compensation standards for urban and rural residents, it is beneficial to reduce the operating risks of travel agencies in inland and remote areas by stipulating a higher compensation amount for travel agency liability insurance. Specifically, it is suggested to delete the quality guarantee clause and amend Article 38 of the Regulations to read: Travel agencies should handle travel agency liability insurance, in which the personal casualty limit per person is not less than RMB 6,543,800+0,000. The specific scheme of travel agency liability insurance shall be formulated separately by the tourism administrative department of the State Council in conjunction with the insurance supervision and administration institution of the State Council. Second, cancel the mandatory appointment system for team leaders. Not only do travel agencies have great opinions on the stipulation that travel agencies must appoint tour leaders to organize outbound tourism, but many tourists also don't understand it. Therefore, the mandatory arrangement of tour guides for outbound tourism has increased the burden on both travel agencies and tourists, which has not met the needs of the current tourism situation. Tourism is an ordinary civil legal act. As long as the tourists agree in writing, there is no need to arrange a tour leader, and the autonomy of tourists should be respected. Specifically, it is suggested to amend Article 30 of the Regulations to read: If a travel agency organizes overseas travel for mainland residents, it shall arrange a tour leader to accompany the tour team throughout the journey. However, unless the tourist holds a personal tourist visa or endorsement and the tourist agrees in writing that there is no need to appoint a tour leader.

Temper justice with mercy: raise the threshold, actively optimize and improve, and promote high-quality development.

Peng Zhikai said that the "Regulations" should establish a blacklist system and link it with credit supervision. Those who operate beyond the scope shall be ordered to suspend business for rectification and be fined 1 to 5 times. If the travel agency license is sold or transferred, the travel agency business license shall be revoked. If the travel agency license is leased or lent (contracted or linked), and the outbound travel business is involved, the qualification for outbound travel business will be cancelled. Travel agencies that require tour guides and tour leaders to bear the expenses related to receiving tourist teams should be severely punished and blacklisted.

Li Xinjian believes that the phenomenon of zero negative group fees must be managed, but the price problem of travel agencies also needs to be judged and supervised with the times. From the point of view of market competition, price competition is an important means, and it is not necessarily impossible to sell products below cost, which involves the competitive strategy of enterprises, business model, whether the inversion of cost and price is a continuous phenomenon and so on. If the price continues to be lower than the cost for a long time, and there is no business model innovation support, resulting in chaotic market price order, it needs strict control. Therefore, we should be cautious and considerate in price supervision.

Meng Fanzhe analyzed that the organizational structure of travel agencies should be improved by amending the regulations. The organizational form of travel agencies should not be limited to "legal persons", but should adjust the requirements of "essential tour guides" and raise the threshold of professional education for tour guides. At the same time, it is also necessary to standardize the relevant business practices of travel agencies. The "Regulations" need to optimize and improve the entrustment of travel agencies, adjust the restrictions on the free practice of tour guides, optimize the qualification requirements for outbound travel business, and strengthen the supervision of illegal information release. In the case that the travel agency does not cooperate with the market law enforcement inspection, strengthen the obligation of the counterpart to cooperate with the inspection. "The Measures for the Administration of Overseas Tourism of China Citizens mainly regulate the behavior of outbound travel agencies to organize citizens to travel abroad. It is recommended to incorporate relevant provisions into the regulations and abolish the Measures at the same time. "

Zhou believes that in view of the relative freedom of tour guides, they go to work with tour groups and rest without tour groups, and the clause of "signing labor contracts" not only increases the cost of travel agencies, but also limits the flexibility of tour guides as freelancers. It is suggested that the relevant provisions of the Regulations can be amended as follows: Travel agencies should sign employment contracts to bind each other's obligations and pay the labor remuneration agreed upon by tour guides and tour leaders during their work.

Li Xinjian also believes that at present, the business of traditional travel agencies is severely challenged and the living space is further reduced, which puts new demands on the dynamic innovation ability of travel agencies. The differences in the development environment and regulatory policies of market entities inside and outside the wall have affected the market competition between the two types of entities, which is not conducive to standardizing travel agencies to become bigger and stronger. It is necessary to adjust the applicable objects of the Regulations in a timely manner, scientifically promote the expansion of supervision, improve the dynamic optimization of supervision capabilities, truly form a benign pattern of "effective market and promising government", and promote the healthier, more sustainable and higher-quality development of the industry.