Regulations of Kunming Municipality on Tourism Supervision (revised on 20 19)

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Tourism Law of the People's Republic of China, the Tourism Regulations of Yunnan Province and other relevant laws and regulations, combined with the actual situation of this Municipality, in order to strengthen the management of tourism, standardize the order of the tourism market, safeguard the legitimate rights and interests of tourists, tour operators and tourism professionals, and promote the sustained and healthy development of tourism. Article 2 All units and individuals engaged in tourism supervision and business activities within the administrative area of this Municipality shall abide by these Regulations. Article 3 The municipal tourism administrative department shall be responsible for the supervision and administration of tourism in the whole city, and the tourism administrative departments of counties (cities, districts) shall be responsible for the supervision and administration of tourism within their respective administrative areas according to their administrative authority.

The tourism supervision institutions affiliated to the tourism administrative departments are specifically responsible for the tourism supervision business within their respective administrative areas, and their funds are included in the fiscal budget at the same level.

Other relevant departments shall do a good job in tourism supervision within their respective responsibilities. Public security tourism police organs are responsible for maintaining public order in the tourism market and carrying out comprehensive law enforcement of tourism market supervision according to law. Article 4 The principle of combining administrative law enforcement supervision with social supervision, combining supervision with guidance, and combining education with punishment shall be implemented in tourism supervision. Article 5 Any unit or individual has the right to report and complain about acts that violate tourism laws, regulations and rules. Chapter II Supervisory Duties and Procedures Article 6 The tourism administrative department shall perform the following supervisory duties:

(a) to publicize tourism laws, regulations and rules, and advocate civilized tourism;

(two) to check the implementation of tourism laws, regulations and rules;

(three) in conjunction with the relevant departments to supervise and inspect the safety production of tourism operators, and guide the tourism industry associations to independently establish a rescue mechanism for tourism safety risks;

(four) the implementation of tourism business integrity announcement system;

(five) the management and supervision of tourism supervision institutions and their staff. Seventh tourism supervision institutions shall exercise the following functions and powers:

(a) to accept reports and complaints about violations of relevant tourism laws, regulations and rules;

(two) to investigate the relevant units and individuals to understand the case and make records;

(three) to inspect the tourism business activities and places;

(four) the seizure of property, travel agency business license and tour guide card used for suspected illegal activities, and dealt with according to law;

(5) consulting and copying contracts, invoices, account books, bills, records, documents, business correspondence and other relevant materials related to suspected illegal business activities;

(six) other duties of tourism supervision.

Counties (cities, districts) that have not established tourism supervision institutions shall exercise the functions and powers listed in the preceding paragraph by the tourism administrative departments. Eighth tourism supervision adopts the methods of annual examination, daily inspection, joint inspection, electronic information inspection and case investigation. Article 9 A tourism supervision institution may issue a notice of inquiry on tourism supervision, a notice of investigation on tourism supervision and a notice of coordination in handling tourism complaints to tourism operators and tourism professionals, and the units and individuals that receive the notice shall handle them as required. Tenth tourism supervision personnel should undergo training and assessment, and obtain administrative law enforcement certificates before they can engage in tourism supervision. Eleventh tourism supervision institutions and their staff shall abide by the following provisions:

(a) loyal to their duties, fair law enforcement, civilized supervision;

(two) to provide consulting services for tourism laws, regulations and rules;

(three) keep the work secrets and the business secrets and information of the administrative counterpart;

(four) shall not participate in any form of tourism business activities;

(five) accept the supervision of the tourism administration department and social supervision. Twelfth tourism inspectors, should be more than two people at the same time, and produce valid law enforcement certificates; Offenders, the parties have the right to refuse supervision. Thirteenth investigate and deal with violations of relevant tourism laws, regulations and rules, in accordance with the following procedures:

Registration;

(2) Investigation and evidence collection;

(3) Hearing arguments and holding a hearing in accordance with the provisions of the hearing;

(4) Making decisions according to law;

(5) serving the written decision. Fourteenth penalties for illegal acts shall be made within 45 days from the date of filing the case; If the situation is complicated, it may be extended for no more than 45 days with the approval of the person in charge of the tourism administration department. Fifteenth tourism inspectors to handle tourism supervision cases, one of the following circumstances, should be avoided; The parties also have the right to ask them to avoid:

(a) himself or his near relatives are parties to the case;

(2) He or his close relatives have an interest in the case;

(3) Having other relations with the parties to the case, which may affect the fair handling of the case.

The withdrawal of the personnel of the tourism supervision institution shall be decided by the person in charge of the tourism supervision institution; The withdrawal of the person in charge of the tourism supervision institution shall be decided by the person in charge of the tourism administration department. Chapter III Standards of Business Conduct Article 16 Tourism operators and tourism professionals shall provide tourism services in accordance with national standards, industry standards, local standards and industry norms.