Notice of the National Tourism Administration and the Ministry of Foreign Trade and Economic Cooperation on Correcting the Interim Measures for the Pilot of Sino-foreign Joint Venture Travel Agencies

Notice of the National Tourism Administration and the Ministry of Foreign Trade and Economic Cooperation on Correcting the Interim Measures for the Pilot of Sino-foreign Joint Venture Travel Agencies (1999 Correction) Article 1 In order to further open up the tourism industry and promote its development, these Measures are formulated in accordance with the Law of People's Republic of China (PRC) on Chinese-foreign Joint Ventures, the Regulations on the Administration of Travel Agencies and other relevant laws and regulations. Article 2 These Measures shall apply to Sino-foreign joint venture travel agencies established in China by foreign companies, enterprises, China companies and enterprises (hereinafter referred to as joint venture travel agencies). Article 3 To apply for the establishment of a joint venture travel agency, a China joint venture shall meet the following conditions:

(1) It is an international travel agency;

(two) the average number of outreach people per year in the three years before the application exceeded 30 thousand days;

(three) the average annual sales of tourism business in the three years before the application exceeded 50 million yuan;

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

(1) Travel agencies engaged in international tourism or enterprises wholly owned by travel agencies engaged in international tourism;

(two) the total annual sales of tourism business is more than 50 million US dollars;

(three) to participate in international and domestic computer forecasting networks, or have formed their own computer forecasting networks;

(4) Being a full member of this trade association. Article 5 The establishment of a joint venture travel agency shall meet the following conditions:

(a) the registered capital of not less than 5 million yuan;

(2) The enterprise is a limited liability company;

(3) The proportion of Chinese investment is not less than 565,438+0%;

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

(5) Having business premises, business facilities and operators that meet the requirements;

(6) The term of the joint venture shall not exceed 20 years. Article 6 A joint venture travel agency shall pay the travel agency quality deposit in accordance with the provisions of international travel agencies on inbound tourism. Article 7 The examination and approval procedures for joint venture travel agencies are as follows:

(a) the China joint venture shall submit the project proposal and feasibility study report for the establishment of a joint venture travel agency to the tourism administrative department of the local province (autonomous region or municipality directly under the Central Government) or city under separate state planning. Provincial tourism administrative departments shall report to the National Tourism Administration after the preliminary examination.

If the Chinese joint venture is a central enterprise, it shall be reported to the National Tourism Administration by the competent department after preliminary examination.

The National Tourism Administration shall examine and approve the submitted documents according to the national tourism management laws and regulations.

(two) after obtaining the approval of the National Tourism Administration, the China joint venture shall submit the contract, articles of association and other documents for the establishment of a joint venture travel agency to the local provincial foreign trade department. The provincial foreign trade department shall report it to the Ministry of Foreign Trade and Economic Cooperation after preliminary examination.

If the China joint venture is a central enterprise, it shall be reported to the MOFTEC after preliminary examination by the competent department.

MOFTEC shall examine and approve the documents submitted in accordance with the laws and regulations of the state on foreign investment.

(3) For the approved project, the Chinese joint venturer shall go through the registration and tax registration formalities according to the provisions with the approval certificate of 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. Article 8 To apply for the establishment of a joint venture travel agency, the following documents shall be submitted:

(1) Qualification certification materials of the Chinese joint venture, including: a copy of the business license, the business license of the travel agency, the annual inspection report of the business for three years before the application, and the membership certificate of the relevant tourism industry association;

(2) Qualification certification materials of the foreign joint venture, including: copy of registration, bank credit certificate, financial status certificate issued by accounting firm, network access certificate provided by relevant computer companies, membership certificate of China Tourism Industry Association, and annual report of 1 year before application;

(three) the joint venture travel agency project proposal;

(four) the feasibility study report of the joint venture travel agency;

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

(six) other materials required by laws, regulations and the examination and approval authority. Article 9 Each foreign party can only invest and set up a joint venture travel agency in China. Tenth joint venture travel agencies shall not set up branches in the pilot stage. Article 11 A joint venture travel agency may engage in inbound tourism business and domestic tourism business. Twelfth joint venture travel agencies are temporarily not allowed to operate China citizens to travel to foreign countries and Hong Kong Special Administrative Region, Macao and Taiwan Province Province. Thirteenth joint venture travel agencies operating special tourism projects and projects to travel to special areas must be reported to the National Tourism Administration and relevant departments for approval. Fourteenth joint venture travel agencies shall not organize or arrange projects that contain obscenity, gambling, drug abuse and other harmful social morality and people's physical and mental health; Do not organize projects that harm the national interests and national dignity of the people of China; No project containing contents prohibited by laws and regulations of China shall be organized. Fifteenth joint venture travel agencies to hire tour guides in China; According to the relevant provisions of the state. Sixteenth joint venture travel agencies must accept the industry management of tourism administrative departments. Seventeenth joint venture travel agencies should be required to submit financial, accounting and statistical statements to the tourism administrative departments and other relevant departments, and accept business inspection. Article 18 Foreign exchange receipts and payments of joint venture travel agencies and foreign-invested enterprises shall be handled in accordance with relevant measures. Article 19 A joint venture travel agency shall abide by the laws and regulations of People's Republic of China (PRC), be governed by the laws and regulations of China, and its legitimate business activities and legitimate rights and interests shall be protected by the laws and regulations of China.

If the joint venture travel agency violates the laws and regulations of China, it shall be handled according to the relevant laws and regulations.