Interim regulations on the administration of travel agencies

Article 1 These Regulations are formulated in order to strengthen the management of travel agencies, protect the legitimate rights and interests of tourists and promote the development of tourism. Article 2 Travel agencies (travel companies or other organizations of the same nature, the same below) refer to enterprises established according to law, with legal personality, engaged in soliciting and receiving tourists, organizing tourism activities and carrying out independent accounting. Article 3 Travel agencies shall follow the principles of expanding people's friendly exchanges, enriching socialist cultural life and prospering socialist tourism economy, carry out business activities and promote the construction of material and spiritual civilization. Article 4 The tourism administrative departments shall implement the principles of unified leadership, hierarchical management and decentralized operation in the management of travel agencies. Article 5 Unless otherwise provided in these Provisions, the following terms in these Regulations have the following meanings:

(1) "soliciting" means that travel agencies carry out publicity and sales business abroad and at home, and organize to attract tourists according to the business scope approved by the competent department.

(2) "Reception" means that the travel agency arranges accommodation, transportation and activity schedules and organizes tours according to the requirements of tourists.

(3) "Tourism administrative department" refers to the national and provincial, autonomous region and municipality directly under the central government tourism bureaus and the corresponding municipal and county administrative agencies. Article 6 Travel agencies are divided into three categories according to their business scope:

The first category: travel agencies engaged in attracting and receiving foreigners, overseas Chinese and compatriots from Hong Kong, Macao and Taiwan to visit China, return to China or return to the mainland;

Category II: Travel agencies that do not attract foreign tourists, but only handle the business of receiving foreigners, overseas Chinese and compatriots from Hong Kong, Macao and Taiwan from Category I travel agencies or other foreign-related departments to come to China, return to China or return to the Mainland;

Category III: Travel agencies engaged in domestic tourism business of China citizens. Article 7 To start a Class I or Class II travel agency, the following conditions must be met:

(1) Having the articles of association of the travel agency that meet the requirements of the state;

(2) Having a certain organization and legal representative, a fixed office or business place and necessary communication equipment; (3) Travel agencies engaged in soliciting and receiving foreign tourists must have a registered capital of more than 500,000 yuan; Travel agencies that only engage in reception business must have a registered capital of more than 250,000 yuan;

(4) Having the organizational ability to provide qualified services such as food, shelter and transportation for travelers;

(five) managers and staff who can ensure the quality of service and carry out normal business activities, familiar with tourism business, and qualified translators and tour guides. Article 8 To start three types of travel agencies, the following conditions must be met:

(1) Having the articles of association of the travel agency that meet the requirements of the state;

(2) Having a fixed office or business place;

(3) Its registered capital is more than 30,000 yuan;

(4) Having the organizational ability to provide qualified services for passengers according to the business scope;

(5) Having managers and service personnel who are familiar with the tourism business. Article 9 A travel agency shall apply to the tourism bureaus of provinces, autonomous regions and municipalities directly under the Central Government for approval when applying for operating a class I business. The central department applies to the National Tourism Administration for approval.

After the travel agency mentioned in the preceding paragraph is approved by the tourism administration department, it must go through the application registration formalities in accordance with the provisions of the State Administration for Industry and Commerce; After approval and obtaining a business license, the company can start business. Article 10 A travel agency applying for the second type of business must be examined and approved by the tourism bureaus of provinces, autonomous regions and municipalities directly under the Central Government. The central department must be approved by the National Tourism Administration.

After the travel agency mentioned in the preceding paragraph is approved by the tourism administration department, it must go through the application registration formalities in accordance with the provisions of the State Administration for Industry and Commerce; After approval and obtaining a business license, the company can start business. Article 11 A travel agency applying for the third kind of business can start business only after being examined and approved by the local tourism administration department, approved and registered by the local administration for industry and commerce, and obtaining a business license. Article 12 A Class I travel agency shall report to the National Tourism Administration for examination and approval in advance to set up or cancel its accredited offices abroad or in Hong Kong, Macao and Taiwan. Thirteenth without the approval of the National Tourism Administration, foreign or Hong Kong and Macao travel agencies shall not set up an agency in China. Approved travel agencies shall not engage in soliciting and receiving tourism business. Article 14 The basic duties of a travel agency are:

(a) according to national laws and regulations and tourism policies, sign contracts or agreements with relevant business units to operate tourism business;

(two) according to the unified planning and market needs to prepare tourist routes, to carry out solicitation activities;

(3) Arrange accommodation, transportation and sightseeing activities according to the route chosen by travelers;

(4) Providing necessary translators and tour guides for tourists;

(five) improve management, improve the service level, listen to the criticism and suggestions of tourists, and investigate and deal with the disciplinary actions of the staff of this unit;

(six) to operate the principal-agent business related to tourism. Article 15 Business dealings between travel agencies and business departments such as civil aviation, railways, transportation, hotels, automobile companies and travel agencies shall be conducted in accordance with the provisions of the Economic Contract Law of the People's Republic of China, and certain forms of economic agreements or contracts shall be signed in accordance with the principles of equality, mutual benefit, consensus and equal compensation.