The difference between travel agencies and tourism authorities

Article 95 Anyone who violates the provisions of this Law and operates a travel agency business without permission shall be ordered to make corrections by the tourism administrative department or the industrial and commercial administrative department, the illegal income shall be confiscated, and a fine of not less than 10,000 yuan and 100,000 yuan shall be imposed. If the illegal income exceeds 100,000 yuan, a fine of not less than one time but not more than five times the illegal income shall be imposed; the relevant responsible persons shall be fined not less than 2,000 yuan but not more than 20,000 yuan.

A travel agency violates the provisions of this Law by operating the business of items 2 and 3 of Article 29, Paragraph 1 of this Law without permission, or rents or lends a travel agency business license, or in other ways Anyone who illegally transfers a travel agency business license shall, in addition to being punished in accordance with the provisions of the preceding paragraph, be ordered to suspend business for rectification; if the circumstances are serious, the travel agency business license shall be revoked; and the person in charge directly responsible shall be fined not less than RMB 2,000 but not more than RMB 20,000.

Interpretation

This article is about violating the provisions of Article 28 of this Law to operate travel agency business without license qualifications, and travel agencies violating Article 29 of this Law to operate travel agency business beyond the scope and Article 20 Provisions on legal liability for illegal transfer of travel agency business license.

1. Subjects of illegal acts

The subjects of illegal acts stipulated in this article include: first, units and individuals operating travel agency business without permission; second, travel agencies.

2. Law Enforcement Subjects

The law enforcement subjects stipulated in this article are the tourism authorities and the industrial and commercial administration departments. Operating travel agency business without permission and operating travel agency business beyond the scope are also violations of industrial and commercial registration regulations. Therefore, the tourism authorities, based on their responsibilities for travel agency business license management, and the industrial and commercial administrative departments, based on their responsibilities for industrial and commercial registration management, have corresponding penalties and can impose penalties on such acts, but fines should follow the "Nothing is done, no matter what" in the Administrative Penalty Law. "punishment" principle.

3. Illegal acts

The illegal acts stipulated in this article include:

(1) Operating travel agency business without permission

refers to The act of operating exclusive travel agency businesses such as domestic tourism business, inbound tourism business, outbound tourism business or border tourism business without obtaining a travel agency business license qualification. If it is not within the exclusive business scope of a travel agency, other enterprises or individuals can also operate it, and it does not fall into the illegal acts specified in this article.

(2) Travel agencies operate outbound tourism business and border tourism business without permission

This situation is: although the travel agency has been established in accordance with the law, it has obtained domestic tourism business and inbound tourism business operations The right to operate one or more of the outbound tourism business, Taiwan tourism business, and border tourism business without obtaining the corresponding business license.

(3) Illegal transfer of licenses by travel agencies

Mainly includes two situations: first, travel agencies rent or lend travel agency business licenses, the core is the transfer of certificates; second, travel agencies use Illegal transfer of travel agency business licenses by other means does not require the transfer of licenses and licenses, as long as others are allowed to engage in travel agency business in their own names. Both of these behaviors allow organizations or individuals that have not obtained the corresponding travel agency business license to operate the travel agency business illegally by borrowing the travel agency's business license. In practice, some formally operate as licensed travel agencies, but in fact they have nothing to do with travel agencies in terms of personnel, finance, management, etc. For example, some online operators, franchise stores, branches, service outlets, etc., belong to a certain travel agency in name, but in fact they independently operate the travel agency business, organize and receive tourists; some travel agencies become other travel agencies with the right to operate outbound business branch, "two brands, one set of people."