What are the guarantee systems for tour guides' practice?

Article 1 These Measures are formulated in accordance with the Tourism Law of the People's Republic of China, the Regulations on the Administration of Tour Guides and the Regulations on Travel Agencies in order to standardize the practice of tour guides, improve the service quality of tour guides, safeguard the legitimate rights and interests of tour guides and promote the healthy development of the tour guide industry.

Article 2 These Measures shall apply to the licensing, management, guarantee and encouragement of tour guides' practice.

Article 3 The State practices the licensing system for tour guides. Personnel engaged in tour guide practice activities shall obtain tour guide qualification certificate and tour guide certificate.

The National Tourism Administration has established a tour guide rating system, a tour guide service star rating system and a national tourism supervision service information system. Tourism authorities at all levels have implemented dynamic supervision and services for tour guides through standardized and information-based means.

Fourth tourism industry organizations should safeguard the legitimate rights and interests of tour guides, promote the professional development of tour guides, and strengthen the self-discipline of tour guides.

Travel agencies and other employers should strengthen the management and training of tour guides, protect the legitimate rights and interests of tour guides and improve the service quality of tour guides.

Tour guides should abide by professional ethics, improve their service level and consciously safeguard the image of the tour guide industry.

Fifth support and encourage all kinds of social institutions to actively publicize the advanced models of the tour guide industry, optimize the practice environment of tour guides, and promote the healthy and stable development of the tour guide industry.

Chapter II Permit for Tour Guides

Article 6 Only those who have passed the tour guide qualification examination can obtain the tour guide qualification certificate.

The National Tourism Administration is responsible for formulating the policies and standards of the national tour guide qualification examination, organizing the unified tour guide qualification examination, and supervising and managing the implementation of the tour guide qualification examination by local tourism authorities at all levels.

The tourism authorities of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for organizing and implementing the specific work of the qualification examination for tour guides within their respective administrative areas.

The specific measures for the administration of the national tour guide qualification examination shall be formulated separately by the National Tourism Administration.

Article 7 A person who has obtained a tour guide qualification certificate, signed a labor contract with a travel agency or registered in the tourism industry may apply to the local tourism authorities for a tour guide certificate through the national tourism supervision service information system.

The tourist guide card is in the form of electronic certificate, and the format standard is formulated by the National Tourism Administration, and the tourism authorities at all levels implement management through the national tourism supervision service information system. The electronic tour guide card is stored in the form of electronic data in the mobile terminal equipment such as the personal mobile phone of the tour guide.

Article 8 A person who is registered in a tourism industry organization and applies for a tour guide card shall submit the following materials to the local tourism industry organization:

(1) Identity card;

(two) the qualification certificate of tour guides;

(3) a recent photo of myself;

(4) application for registration.

Tourism industry organizations shall not charge registration fees when accepting the registration of the applicant's tourist guide card; Tourism industry organizations that collect membership fees shall abide by the regulations on the registration and administration of social organizations and other laws and regulations, and shall not collect membership fees in the name of the registration fee for tourist guide cards.

Article 9 If a tour guide obtains a tour guide certificate by concluding a labor contract with a travel agency, the term of the labor contract shall be at least 1 month.

Article 10 To apply for a tourist guide card, the applicant shall fill in the application information through the National Tourism Supervision Service Information System and submit the following application materials:

(1) electronic versions such as scanned ID cards or digital photos;

(2) promise not to suffer from infectious diseases;

(3) Commitment to no criminal record other than negligent crime;

(4) Confirmation information on concluding a labor contract with a travel agency in the frequent practice area or organizing registration in the tourism industry in the frequent practice area.

The information specified in Item (4) of the preceding paragraph shall be confirmed by the travel agency or the tourism industry organization within 5 working days from the date of the applicant's application.

Eleventh local tourism authorities shall issue a written certificate of acceptance or rejection of the applicant's application for a tourist guide card. Where relevant materials need to be corrected, the applicant shall be informed of all the contents that need to be corrected at one time within 5 working days from the date of receiving the application materials; Fails to inform, from the date of receipt of the materials.

The local tourism authorities shall, within 10 working days from the date of accepting the application, make a decision on whether to approve the issuance of the tourist guide card. If it is not issued, it shall inform the applicant in writing of the reasons.

Twelfth any of the following circumstances, shall not be issued a tour guide card:

(1) Having no or limited capacity for civil conduct;

(two) suffering from Class A, Class B and other infectious diseases that may endanger the personal health and safety of tourists;

(3) Having been subjected to criminal punishment, except for negligent crimes;

(four) the tour guide card has been revoked for less than 3 years.

Thirteenth tour guide card is valid for 3 years. If the tour guide card needs to continue practicing after the expiration of the validity period, it shall apply to the local tourism authorities through the national tourism supervision service information system within 3 months before the expiration of the validity period, and submit the materials specified in Items (2) to (4) of Article 10 of these Measures.

Travel agencies or tourism industry organizations shall confirm the information within 3 working days from the date when the tour guide submits the application. The local tourism authorities shall review the information within 5 working days from the date when the travel agency or tourism industry organization verifies the information, and replace the tourist guide card information for qualified tour guides.

Article 14 If the labor contract concluded between a tour guide and a travel agency is dissolved or terminated, or the tour guide and the travel agency or the tourism industry organization cancel their registration, the tour guide and the travel agency or the tourism industry organization shall, within five working days from the date of dissolution, termination or cancellation of registration, report the information change to the competent tourism department through the national tourism supervision service information system.

Fifteenth tour guides in any of the following circumstances, should be from the date of occurrence 10 working days, through the national tourism supervision service information system to submit the corresponding materials, apply for the change of tourist guide card information:

(a) the name, ID number, tour guide level, language and other information has changed;

(2) Concluding a labor contract with a travel agency or registering with other travel agencies within 3 months after the labor contract is dissolved or terminated with the travel agency or the registration is cancelled by the travel agency industry organization;

(three) the field of regular practice has changed;

(four) the identity information of other tour guides has changed.

Travel agencies or tourism industry organizations shall verify the change of information within 3 working days from the date of receiving the application. The local tourism authorities shall review and confirm the information within 5 working days from the date when the travel agency or tourism industry organization verifies the information.

Sixteenth in any of the following circumstances, the local tourism authorities shall revoke the tour guide card:

(1) Issuing a tourist guide card to an applicant who does not have the application qualification or meet the statutory requirements;

(2) The applicant obtains a tour guide card by cheating, bribery or other improper means;

(3) Other circumstances in which the tour guide card can be revoked according to law.

Seventeenth in any of the following circumstances, the local tourism authorities shall cancel the tour guide card:

(1) The tour guide dies;

(two) the tour guide card expires and has not applied for renewal;

(3) The tour guide card is revoked or revoked according to law;

(4) After the labor contract concluded between the tour guide and the travel agency is dissolved or terminated or the registration of the tourism industry organization is cancelled, the tour guide has not concluded a labor contract with other travel agencies or has not registered with other tourism industry organizations for more than 3 months;

(five) after obtaining the tour guide certificate, the circumstances in Items (1) to (3) of Article 12 of these Measures appear;

(six) other circumstances in which the tour guide card should be cancelled according to law.

After the cancellation of the tour guide card, if the tour guide meets the statutory practice conditions and needs to continue practicing, he shall re-apply for the tour guide card according to law.

Eighteenth tour guides often practice area should be consistent with the travel agency (including travel agency branches) or registered tourism industry organizations at the provincial level administrative region.

Where the applicant's habitual practice is in branch of a travel agency, the tourism authorities in branch of a travel agency can be responsible for the work related to the tourist guide card.

Chapter III Practice Management of Tour Guides

Nineteenth tour guides to provide services for tourists should accept the appointment of travel agencies, except as otherwise provided.

Twentieth tour guides should carry an electronic tour guide card, wear a tour guide logo, and open the application software related to tour guide practice.

Tourists have the right to ask tour guides to show their electronic tour guide cards and tour guide cards.

Article 21 If the tour guide information in the tour guide identity changes, the tour guide shall, within 10 working days from the date when the tour guide information changes, apply to the local tourism authorities for changing the tour guide identity. The tourism authorities shall confirm the replacement within 5 working days from the date of receiving the application.

If the identity of the tour guide is lost or affected by wear and tear, the tour guide can apply to the local tourism authorities for a replacement, and the tourism authorities shall issue or reissue it within 10 working days from the date of accepting the application.

Twenty-second tour guides shall perform the following duties in the course of practice:

(a) consciously safeguard national interests and national dignity;

(two) abide by professional ethics, maintain professional image, civilized and honest service;

(three) to provide tour guide services in accordance with the travel contract, to explain the natural and human resources, customs, religious taboos, laws and regulations and other related matters needing attention;

(four) respect for the personal dignity, religious beliefs, national customs and living habits of tourists;

(five) to inform and explain the possible consequences of civilized behavior norms and uncivilized behavior to tourists, guide tourists to travel healthily and civilized, and discourage tourists from violating laws and regulations, social morality and civilized etiquette norms;

(six) to make a true explanation and clear warning to tourists about matters that may endanger the personal and property safety of tourists, and take necessary measures to prevent the occurrence of harm.

Twenty-third tour guides shall not have the following acts in the course of practice:

(a) arrange for tourists to visit or participate in projects or activities involving pornography, gambling, drugs and other violations of China laws, regulations and social ethics;

(2) changing the travel itinerary without authorization or refusing to perform the travel contract;

(3) arranging shopping activities or paying for tourism projects without authorization;

(4) By concealing facts or providing false information. Trick tourists into participating in shopping activities against their true wishes or paying for tourism projects;

(five) by beating, abandoning, restricting the freedom of activity, threatening, insulting, cursing, etc. , forcing or disguised forcing tourists to participate in shopping activities and pay for other consumption items;

(6) Obtaining illegitimate interests from shopping places, paid tourism projects and other relevant operators in the name of kickbacks, commissions, headcount fees or incentive fees;

(seven) recommend or arrange unqualified business premises;

(eight) to sell goods to tourists;

(9) Asking tourists for tips;

(ten) without the consent of the travel agency to entrust others to provide tour guide services;

(eleven) other acts as prescribed by laws and regulations.

Twenty-fourth tourism emergencies, tour guides should immediately take the following necessary measures:

(a) report to the person in charge of the unit, in case of emergency or major, especially major tourism emergencies, you can directly report to the tourism authorities at or above the county level where the travel agency is located, the safety production supervision and management departments and other relevant departments responsible for safety production supervision and management;

(two) to rescue or assist in the rescue of stranded tourists;

(three) according to the requirements of travel agencies, tourism authorities and relevant institutions, take measures such as adjusting or suspending the trip, stopping the delegation to the risk area, and evacuating the risk area.

Twenty-fifth tour guides with tour guide conditions shall comply with the provisions of laws, regulations and rules such as the Detailed Rules for the Implementation of the Travel Agency Regulations.

Travel agencies shall, in accordance with the requirements, report the information and changes of tour leaders who have the conditions of tour leaders to the competent tourism authorities for the record through the national tourism supervision service information system.

Chapter IV Protection and Incentive of Tour Guides' Practice

Twenty-sixth tour guides in the course of practice, their personal dignity is respected, personal safety is inviolable, and their legitimate rights and interests are guaranteed. Tour guides have the right to refuse the following requirements of travel agencies and tourists:

(a) the requirement of insulting their personal dignity;

(2) Violating the requirements of professional ethics;

(three) does not conform to the national customs of our country;

(4) Requirements that may endanger personal safety;

(five) other requirements in violation of laws, regulations and rules.

Employers such as travel agencies should maintain the safety of tour guides, provide necessary occupational safety and health conditions, and provide professional convenience and special labor protection for female tour guides.

Twenty-seventh travel agencies have the following acts, the tour guide has the right to complain to the labor administrative department, apply for arbitration or bring a lawsuit to the people's court:

(a) failing to conclude a labor contract with the employed tour guide according to law;

(2) Failing to pay labor remuneration, tour guide service fees or social insurance premiums to the employed tour guides according to law;

(3) requiring tour guides to pay social insurance premiums by themselves;

(4) The remuneration paid to tour guides is lower than the local minimum wage.

If a travel agency requires a tour guide to receive a tour group organized at an unreasonable low price or bear the relevant expenses for receiving a tour group, the tour guide has the right to complain and report to the tourism authorities.

Scenic spots are encouraged to waive tickets for tour guides who hold tour guide cards to engage in practice activities or activities related to practice.

Article 28 A travel agency shall conclude a labor contract with a tour guide who has obtained a tour guide certificate for a period of not less than 1 month, and pay the basic salary, tour guide allowance and other labor remuneration as well as social insurance premiums.

If a travel agency temporarily hires a tour guide registered in the tourism industry to provide services for tourists, it shall pay the tour guide service fee in full in accordance with the relevant laws and regulations on tourism and labor; If the tour guide temporarily employed by a travel agency has no labor relationship or personnel relationship with other units, the travel agency shall conclude a labor contract with it.

Twenty-ninth travel agencies shall provide "special seats for tour guides" for tourist passenger vehicles, and the total number of tourists and tour guides arranged shall not exceed the number of passengers approved by tourist passenger vehicles.

Tour guides should sit in the "tour guide seat" of tourist vehicles and avoid standing in expressway or dangerous sections to explain.

Thirtieth star rating of tour guide service is a comprehensive evaluation of tour guide service level. The star rating index consists of skill level, learning and training experience, working years, rewards and punishments, work experience and social evaluation. The star rating of tour guide service is automatically generated through the national tourism supervision service information system according to the star rating index, and updated once a year according to the practice of tour guides.

Tourism authorities, tourism industry organizations, travel agencies and other units shall, through the national tourism supervision service information system, timely and truly record the information such as rewards and punishments for tour guides.

Thirty-first tourism authorities at all levels should actively organize and carry out tour guide training. The training content should include policies and regulations, safe production, emergency response and civilized service. Training methods can include training courses, special lectures and online training, and the accumulated training time is not less than 24 hours per year. Training shall not be charged to participants.

Tourism industry organizations and travel agencies shall conduct pre-job training and professional training for tour guides, including safety production, job skills, civilized service and civilized guidance.

Tour guides should participate in the training of relevant policies and regulations, safe production, emergency response and civilized service contents carried out by tourism authorities, tourism industry organizations and travel agencies; Encourage tour guides to actively participate in other trainings and improve their service level.

Chapter V Punishment

Thirty-second tour guides in violation of the relevant provisions of these measures, in accordance with the following provisions:

(a) in violation of the provisions of article nineteenth of these measures, shall be punished in accordance with the provisions of the second paragraph of article one hundred and two of the Tourism Law;

(two) in violation of the provisions of the first paragraph of Article twentieth of these measures, it shall be punished according to the provisions of Article twenty-first of the Regulations on the Administration of Tour Guides;

(three) in violation of the provisions of article twenty-second (a) of these measures, it shall be punished according to the provisions of article twentieth of the regulations on the administration of tour guides;

(four) in violation of the provisions of article twenty-third (a) of these measures, it shall be punished according to the provisions of article 101st of the Tourism Law;

(five) in violation of the provisions of article twenty-third (two) of these measures, it shall be punished according to the provisions of article 100th of the Tourism Law;

(six) in violation of the provisions of article twenty-third (three) to (six) of these measures, it shall be punished according to the provisions of article ninety-eighth of the Tourism Law;

(seven) in violation of the provisions of article twenty-third (seven) of these measures, it shall be punished according to the provisions of article ninety-seventh (two) of the Tourism Law;

(eight) in violation of the provisions of article twenty-third (eight) of these measures, it shall be punished according to the provisions of article twenty-third of the regulations on the administration of tour guides;

(nine) in violation of the provisions of article twenty-third (nine) of these measures, it shall be punished according to the provisions of the third paragraph of article one hundred and two of the Tourism Law.

In violation of the provisions of the first paragraph of Article 3 of these measures, those who engage in tour guide activities without obtaining a tour guide certificate shall be punished in accordance with the provisions of the first paragraph of Article 102 of the Tourism Law.