The Measures for Implementing the Tourism Law of the People's Republic of China in Hunan Province is the first local regulation in China to write things into law.

The Measures for Implementing the Tourism Law of the People's Republic of China in Hunan Province has refreshed the national "five firsts";

The first province to formulate the Measures to implement the Tourism Law;

The first province to provide local legislative protection for global tourism;

The first province to clarify the tourism land policy in local tourism laws and regulations;

The first province to write the comprehensive coordination mechanism of tourism into local tourism laws and regulations;

The first province to clarify the comprehensive supervision mechanism of the tourism market by local legislation.

Measures for the implementation of the Tourism Law of the People's Republic of China in Hunan Province (adopted at the 26th meeting of the Standing Committee of the 12th People's Congress of Hunan Province on February 2, 20 16+65438).

Chapter I General Principles

Article 1 These Measures are formulated in accordance with the Tourism Law of the People's Republic of China and other relevant laws and administrative regulations, combined with the actual situation of this province.

Article 2 The people's governments at or above the county level shall strengthen the organization and leadership of tourism work in their respective administrative areas, establish a system of joint departmental meetings, improve the comprehensive coordination mechanism of tourism development, and coordinate major issues in tourism development planning, tourism safety, administrative law enforcement and tourism development.

The tourism authorities of the people's governments at or above the county level shall be responsible for the guidance, coordination, management, service and supervision of tourism within their respective administrative areas, and other relevant departments shall do a good job in tourism according to their respective responsibilities.

Third provincial tourism authorities should promote the overall tourism image construction in the province as a whole, and organize and coordinate tourism promotion activities. The tourism authorities of the people's governments at or above the county level shall publicize and promote the tourism resources and tourism brands within their respective administrative areas.

The people's governments at or above the county level and their relevant departments and the news media shall carry out publicity and education on civilized tourism, guide tourists, tour operators and their employees and residents of tourist destinations to enhance their awareness of civilized tourism, abide by the order of public civilization, and advocate and cultivate healthy, civilized and environmentally friendly tourism modes.

Article 4 Encourage and guide tourism operators and tourism professionals to establish or voluntarily join tourism industry organizations according to law.

Tourism industry organizations should formulate industry service standards, strengthen industry self-discipline, guide members to operate in good faith and abide by the law, maintain fair competition order in the tourism market and the legitimate rights and interests of members, and promote the healthy development of tourism.

Article 5 The legitimate rights and interests of tourists are protected by law, and no unit or individual may infringe upon them. When the legitimate rights and interests of tourists are damaged, they can claim compensation or complain or sue according to law.

Chapter II Tourism Planning and Promotion

Article 6 The people's governments at or above the county level shall, according to local conditions, make scientific plans, make rational distribution and differentiate development, and promote the global tourism development strategy in an orderly and effective manner.

The tourism administrative department of the people's government at or above the county level shall, jointly with relevant departments, organize the investigation, evaluation and registration of tourism resources within their respective administrative areas, establish a tourism resource information base, and coordinate the protection, development and utilization of tourism resources.

Seventh people's governments at or above the county level shall organize the preparation of tourism development plans and special plans for the development and utilization of key tourism resources, which shall reflect the requirements of ecological protection, highlight the characteristics of local tourism resources and meet the market demand.

Land and resources, housing and urban and rural construction, planning, culture, agriculture, forestry, water conservancy, transportation and other departments shall solicit the opinions of the tourism authorities at the same level when preparing relevant plans for tourism development.

The people's governments at or above the county level shall organize an evaluation of the implementation of the tourism development plan and the special plan for the development and utilization of key tourism resources compiled by the people's governments at the corresponding levels, and the evaluation results shall be announced to the public.

Eighth people's governments at or above the county level shall, according to the needs of tourism development, make overall arrangements for traffic construction projects leading to tourist attractions, rationally arrange tourist traffic routes, and set up tourist signs on the roads leading to major scenic spots.

The people's governments at or above the county level shall establish and improve the tourism service system, and rationally plan and build tourist distribution service centers, tourist rest places, medical rescue places, toilets and other tourism service facilities.

Ninth people's governments at or above the county level shall incorporate the land for major tourism projects in the province into the overall land use plan and annual plan. Encourage qualified places to use barren hills, wasteland, barren slopes, abandoned mines and rocky desertification land to develop tourism projects.

Tenth people's governments at or above the county level shall promote the standardization of tourism management. The tourism authorities shall, jointly with the standardization authorities, organize the implementation of national standards, industry standards and local standards for the tourism industry.

Eleventh people's governments at or above the county level shall, during the Spring Festival, National Day and other legal holidays, release to the public the service information related to tourists, such as the passenger flow of major scenic spots, the comfort index of tourists, and the reception status of tourist hotels.

Twelfth financial institutions are encouraged to provide credit products, financing guarantees, payment and settlement and other financial services for tourism enterprises and tourism projects.

Encourage insurance institutions to develop travel insurance products for tour operators and tourists.

Thirteenth people's governments at or above the county level shall take measures to promote the cooperation between institutions of higher learning, vocational training institutions and tourism operators to set up tourism talent training and entrepreneurship bases and support tourism talent training.

Article 14 The people's governments at or above the county level shall encourage and guide tourism operators to rely on local natural and cultural resources to develop tourism products such as historical and cultural tourism, rural tourism, industrial tourism, sports tourism, research tourism, healthy tourism and exhibition tourism, so as to promote the coordinated development of sightseeing, leisure and holiday tourism.

The people's governments at or above the county level shall, according to the needs of tourism development, plan and construct RV campsites and go on road trip bases, improve the self-driving tourism service guarantee system, and provide road guidance, medical assistance and safety rescue services for self-driving tourists.

Article 15 People's governments at or above the county level shall, according to the tourism development plan, formulate and organize the implementation of rural tourism development plan, incorporate rural tourism into the overall layout of new rural construction, poverty alleviation and development, modern agriculture, new urbanization construction and urban-rural integration development, strengthen the construction of rural tourism infrastructure and public service facilities, and promote the healthy and orderly development of rural tourism.

The people's governments at or above the county level and their relevant departments shall guide and support urban and rural residents to engage in tourism business activities according to law by using their own houses or other conditions. Encourage the rational use of ethnic villages and ancient villages and towns, and focus on cultivating characteristic tourist villages and towns.

Sixteenth provincial tourism authorities shall, in conjunction with quality and technical supervision, agriculture and other departments, formulate and implement rural tourism standards and rating systems.

The tourism authorities of the people's governments at or above the county level shall give guidance on reception facilities, safety management, environmental protection, service quality and special projects of rural tourism, support and help rural tourism operators to standardize their operations and improve service quality.

Chapter III Tourism Management

Seventeenth organizations or individuals engaged in tourism business activities shall obtain business licenses according to law; Where the laws and regulations require the permission of the relevant administrative departments, the corresponding permission shall be obtained.

Clubs, automobile drivers' associations, associations and other organizations and individuals that convene tourists shall not engage in profit-making tourism business activities without obtaining the business license of travel agencies.

Engaged in tour guide activities, should obtain a tour guide card according to law. It is forbidden to forge or alter the tour guide card.

Eighteenth travel agencies have one of the following acts, can be identified as fraud, compulsory travel shopping:

(a) the travel agency arranges shopping without the written consent of the tourists;

(2) Travel agencies, tour guides and tour leaders force tourists to shop by means of personal threats or intimidation;

(3) The shopping places arranged by travel agencies or tour guides or tour guides are illegal or closed to the public;

(four) the goods sold in shopping places arranged by travel agencies, tour guides and tour leaders are adulterated, and the fake is genuine, and the inferior products are shoddy, and the unqualified products are passed off as qualified products;

(five) travel agencies, tour guides and tour leaders know or should know that the operators of shopping places have a record of seriously damaging the rights and interests of tourists;

(6) Travel agencies, tour guides and tour leaders accept kickbacks and other illegitimate interests from operators of shopping places;

(seven) other acts of travel agencies, tour guides and shopping place operators that harm the legitimate rights and interests of tourists by arranging shopping as stipulated by laws and regulations.

Nineteenth passenger car and ship operators engaged in tourism business should have corresponding qualifications. Without the permission of the road and waterway transport management institution, it shall not engage in tourist passenger transport business; The road and waterway transport management institution shall inform the competent tourism department of the relevant information such as vehicles and ships licensed to engage in tourist passenger transport business.

Operators of tourist passenger vehicles and vessels shall provide transport services in accordance with the tourism transport contract, and shall not change the tourist transport routes, change the transport vehicles and vessels without authorization, carry personnel unrelated to the tourism team without authorization, or leave the group or leave the guests halfway. Travel agencies and tourists have the right to refuse to pay the increased transportation costs due to failure to transport according to the agreed route or changing the means of transport without authorization. If the service standard is lowered, the overcharged fees shall be refunded.

Twentieth scenic spots can use public media, mobile multimedia, intelligent terminals and other information platforms, the implementation of scenic spot ticket booking and pre-sale, timely publication of scenic spot tourist flow.

At the peak of tourism, scenic spots should start the following control measures:

(a) the transportation capacity of roads around the reception institution, parking in the area, public transport vehicles, etc.;

(two) time-sharing admission, scenic spots, fast track and other tourist diversion mechanisms.

When the number of tourists reaches the maximum carrying capacity of the scenic spot, visitors should be suspended from entering the scenic spot.

Twenty-first scenic spots should strengthen the operation and management of passenger elevators, passenger ropeways, large-scale amusement facilities and other special equipment, publicize the number of people with limited load and warning signs for safe use in eye-catching positions, and conduct regular inspections.

Scenic spots should set up safety warning signs in road sections and tourist areas with safety risks and take safety precautions.

Scenic spots should rationally arrange business service outlets such as tourism commodity sales, catering, accommodation and performing arts, and guide operators to operate according to law.

Article 22 To engage in high-risk tourism projects such as high altitude, high speed, water, diving and exploration, a business license shall be obtained in accordance with the relevant provisions of the state, a safety management, risk prevention and emergency response system shall be established, corresponding safety management and rescue equipment and personnel shall be equipped, and high-risk travel liability insurance shall be purchased in accordance with the provisions of the state.

Operators of high-risk tourism projects should inform tourists of safety protection matters and possible risks in advance in an express way, and prompt tourists to buy travel accident insurance.

Article 23. Those who engage in travel agency business through the Internet shall obtain the travel agency business license according to law, publicize the information published in their business licenses or the electronic link logo of their business licenses in a prominent position on the homepage of their websites or the homepages engaged in business activities, and indicate their business license information. If a travel agency increases its online travel business, it shall inform the local county-level tourism authorities in writing.

Network tour operators shall sign paper or electronic contracts with tourists, provide authentic and reliable information on tourism services, and select operators with corresponding business qualifications to provide tourists with booking services such as transportation, accommodation, catering, sightseeing and entertainment.

Twenty-fourth rural tourism operators shall abide by the provisions of laws and regulations when setting up tourism projects and providing tourism services.

Rural tourism operators shall not carry out tourism business activities in dangerous areas prone to landslides, ground subsidence, mudslides, floods and other natural disasters.

Chapter IV Tourism Supervision and Administration

Article 25 The people's governments at or above the county level shall make a list of comprehensive supervision responsibilities of the tourism market, disclose to the public the law enforcement powers of the tourism authorities and the departments of industry and commerce administration, public security, fire protection, price, quality and technical supervision, production safety, transportation, food and drug supervision and management, health and meteorology, supervise and manage the tourism market within their respective jurisdictions, and investigate and deal with all kinds of tourism violations.

The people's governments at or above the county level shall establish and improve the law enforcement mechanism of overall coordination, departmental linkage, territorial management and normal supervision, and improve the information sharing mechanism of tourism law enforcement.

Twenty-sixth provincial tourism authorities shall, jointly with the provincial statistical authorities, improve the tourism statistical index system and survey methods, establish a scientific evaluation system for tourism development, and carry out tourism monitoring in the whole province.

The tourism authorities of the people's governments at or above the county level shall improve the tourism information statistics system, tourism information release system and tourism information supervision system, and provide accurate tourism market information.

Twenty-seventh people's governments at or above the county level tourism, public security, industry and commerce administration, communication management, finance and other relevant departments should strengthen the supervision and management of Internet online tourism business, standardize the order of Internet online tourism business.

Twenty-eighth high-risk tourism projects shall be supervised by the following departments according to the relevant provisions of the state:

(a) the use of gliders, manned balloons, manned airships and other high-altitude tourism projects shall be supervised by the Civil Aviation Administration;

(two) the use of passenger ropeways, large recreational facilities and other special equipment to implement high-speed tourism projects, supervision by the special equipment safety supervision and management department;

(three) the use of motorboats, yachts, cruise ships and other water tourism projects. , supervised by the maritime department;

(four) engaged in bungee jumping, rock climbing, diving and other sports tourism projects, by the sports department supervision.

Where there are other provisions in laws, regulations and rules on the safety supervision of high-risk tourism projects, those provisions shall prevail.

Twenty-ninth ethnic and religious affairs, land resources, housing and urban and rural construction, water conservancy, agriculture, forestry, culture, sports, cultural relics and other departments are responsible for verifying the maximum carrying capacity of the scenic spots in charge, and strengthening supervision and inspection of the opening conditions of the scenic spots.

The competent department of scenic spots shall solicit the opinions of tourism, public security, transportation and other departments when verifying the maximum carrying capacity of scenic spots, and announce it to the public.

Thirtieth tourism professionals shall not have the following acts in tourism activities:

(a) price fraud, forced trading, and deception to induce tourists to spend;

(2) Insulting, beating or coercing tourists;

(three) do not respect the religious beliefs, ethnic customs and customs of tourist destinations or tourists;

(4) spreading vulgar tastes and advocating superstitious ideas;

(five) other uncivilized acts identified by laws, regulations and rules.

Thirty-first tourists in tourism activities shall not have the following acts:

(a) disturbing the order of aircraft, vehicles, ships or other public transport;

(2) Destroying public health and public facilities;

(three) do not respect the social customs and national living habits of the tourist destination;

(4) Damaging or destroying cultural relics;

(5) Participating in gambling, pornography and drug activities;

(six) do not listen to dissuasion and warning to engage in activities that endanger the personal and property safety of themselves and others;

(seven) in violation of the provisions on the protection of wild animals and plants, destroying the ecological environment;

(eight) in violation of the provisions of tourist sites, seriously disrupting the order of tourism;

(nine) other acts that have caused serious social adverse effects as determined by laws, regulations and rules.

Thirty-second provincial tourism authorities shall establish and improve the uncivilized behavior record system of tourism in this province.

Tourism professionals and tourists who violate the provisions of Article 30 and Article 31 of these regulations in their tourism activities and cause serious social adverse effects shall be included in the uncivilized behavior records of tourism professionals and tourists in accordance with state regulations and announced to the public.

After the uncivilized behavior records of tourism professionals and tourists are formed, the tourism authorities of the people's governments at or above the county level shall inform the perpetrators of the uncivilized behavior records and prompt them to take remedial measures.

Article 33 The departments of public security, fire protection, industry and commerce administration, land and resources, environmental protection, health, food and drug supervision and management of the people's governments at or above the county level shall, according to the actual situation of rural tourism management, introduce supervision and management measures suitable for the development of rural tourism.

Township people's governments and sub-district offices shall strengthen tourism safety education, supervision and inspection of rural tourism operators.

Thirty-fourth people's governments at or above the county level shall establish and improve the handling system of tourism complaints, designate the competent tourism authorities as a unified handling institution for tourism complaints, publish the telephone numbers and websites of tourism complaints, and handle tourism complaints in a timely manner.

After receiving a complaint, the competent tourism department shall inform the complainant and explain the reasons within five working days if it does not meet the acceptance conditions; Complaints that meet the acceptance conditions and fall within the scope of duties of the tourism authorities shall be handled within 60 days and the complainant shall be informed; For complaints that fall within the scope of responsibilities of other departments, the tourism authorities shall hand them over within five working days, and other departments shall solve them within 60 days, and feed back the results to the tourism authorities within five working days from the date of settlement, and the tourism authorities shall inform the complainant. If the complaint is simple or urgent, it shall be handled in time.

Chapter V Legal Liability

Article 35 Whoever, in violation of the provisions of the third paragraph of Article 17 of these regulations, forges or alters a tourist guide card shall be ordered by the tourism authorities to make corrections, his illegal income shall be confiscated and he shall be fined 1000 yuan.

Thirty-sixth people's governments at or above the county level and their tourism departments and relevant departments have one of the following acts, and the directly responsible person in charge and the directly responsible person shall be given administrative sanctions according to law:

(a) without approval, the maximum carrying capacity of the scenic spot is announced;

(2) Failing to examine and approve tourism-related licensing matters according to law;

(3) Failing to accept and handle tourism reports and complaints according to law, and investigating and dealing with tourism violations;

(four) do not perform the duties of supervision and management of the tourism market;

(five) failing to perform the duties of safety supervision of high-risk tourism projects according to law, resulting in tourism safety accidents;

(six) other acts of abuse of power, dereliction of duty, favoritism.

Thirty-seventh other acts in violation of the provisions of these measures, laws and administrative regulations shall be punished, from its provisions.

Chapter VI Supplementary Provisions

Article 38 These Measures shall come into force as of 20 17 1+0. On October 28th, 2008/kloc-0, the Tourism Regulations of Hunan Province passed at the fifth meeting of the Standing Committee of the 11th People's Congress of Hunan Province was abolished at the same time.