The dichotomy is to divide travel agencies into wholesale tour operators and travel agencies. Each travel agency sets up a branch to operate outbound tourism business.

:1. Every time a travel agency establishes a branch to operate outbound tourism business

1. To apply for operating domestic tourism business or outbound tourism business, it must have corporate legal person qualifications. That is, a travel agency must be a limited liability company or a corporation, a partnership, or a sole proprietorship. Without a corporate personality, you and I would not be in the tourism business.

2. Registered capital (subscribed) of more than 300,000 yuan.

3. To apply for operating domestic tourism business and inbound tourism business, an application should be submitted to the local provincial tourism administrative department or the municipal tourism administrative department entrusted by it; foreign-invested (joint venture, sole proprietorship) enterprises must apply to The tourism administrative department of the State Council or the provincial tourism administrative department entrusted by it shall submit an application.

4. The travel agency shall, within 3 working days from the date of obtaining the travel agency business license, open a special account for the quality guarantee deposit at the designated bank and deposit the quality guarantee deposit. The quality deposit can only be recovered after the travel agency ceases operations.

5. Travel agencies engaged in domestic tourism business and inbound tourism business shall deposit a quality guarantee deposit of 200,000 yuan; travel agencies engaged in outbound tourism business shall increase their quality guarantee deposit by 1.2 million yuan. 6. Every time a travel agency establishes a branch to engage in domestic tourism business and inbound tourism business, it shall add 50,000 yuan to its quality deposit account; for each branch it establishes to engage in outbound tourism business, its quality deposit account shall increase 300,000 yuan.

7. Tour guides of travel agencies should hold tour guide certificates stipulated by the state; tour leaders appointed by tourists to organize outbound tours also need to have corresponding academic qualifications, language skills and travel experience. 8. Domestic tourism business can apply directly, while outbound tourism business needs to meet two conditions: first, the travel agency has obtained an operating license for two years, and second, it has not been fined or punished by administrative agencies for infringing on the legitimate rights and interests of tourists.

Chapter 1 General Provisions

Article 1 In order to strengthen the management of travel agencies, protect the legitimate rights and interests of tourists and travel agencies, maintain the order of the tourism market, and promote the healthy development of the tourism industry, these regulations are formulated these regulations.

Article 2 These Regulations shall apply to the establishment and business activities of People’s Travel Agencies of the People’s Republic of China (China).

The term “travel agency” as used in these Regulations refers to an enterprise that is engaged in soliciting, organizing, and receiving tourists, providing relevant tourism services to tourists, and conducting domestic tourism business, inbound tourism business, or outbound tourism business and other activities. Corporate legal person.

Article 3 The tourism administrative department of the State Council is responsible for the supervision and management of travel agencies nationwide.

The local people’s tourism management department and the people’s government at or above the county level are responsible for the supervision and management of travel agencies within their own administrative regions in accordance with their duties.

People from relevant departments: U.S. governments at or above the county level, such as industry and commerce, prices, commerce, foreign exchange, etc. Supervise and manage travel agencies in accordance with the law according to the division of responsibilities.

Article 4 Travel agencies shall abide by the principles of voluntariness, equality, fairness and good faith in their business activities, improve service quality, and safeguard the legitimate rights and interests of tourists.

Article 5: Travel agency industry organizations shall provide services to travel agencies in accordance with their charter, play a coordination and self-discipline role, and guide travel agencies to operate legally, fairly, and with integrity.

Chapter 2 Establishment of Travel Agencies

Article 6 Applicants applying to operate domestic tourism business and inbound tourism business shall obtain corporate legal person qualifications and have a registered capital of not less than 300,000 yuan .

Article 7 Those who apply to operate domestic tourism business and inbound tourism business shall apply to the tourism administrative department of the province, autonomous region, or municipality directly under the Central Government where they are located or the municipal tourism administrative department entrusted by them, and submit an application form

Article 9 Those who apply for operating outbound tourism business shall submit an application to the tourism administrative department of the State Council or the tourism administrative department of the province, autonomous region, or municipality directly under the Central Government entrusted by it. The tourism administrative department that accepts the application shall accept the application itself. A decision on approval or disapproval will be made within 20 working days from the date of application. If the license is granted, the "Travel Agency Business License" shall be renewed to the applicant; if it does not meet the requirements, the applicant shall be notified in writing and the reasons shall be explained.

Article 10 When a travel agency establishes a branch, it shall register its establishment with the industrial and commercial administrative department where the branch is located, and file with the tourism administrative department where the branch is located within 3 working days from the date of registration.

Travel agencies are not subject to geographical restrictions in establishing branches. The business scope of a branch shall not exceed the business scope of the travel agency that established the branch.

Article 11 When a travel agency establishes a service outlet that specializes in soliciting tourists and providing travel consultation (hereinafter referred to as a travel agency service outlet), it shall go through the establishment registration procedures with the industrial and commercial administrative department in accordance with the law, and report to the local tourism administration Department filing.

Travel agency service outlets shall accept the unified management of travel agencies and shall not engage in activities other than solicitation and consultation.

Article 12 If a travel agency changes its name, business location, legal representative and other registration items or terminates its operations, it shall go to the industrial and commercial administrative department to handle the corresponding changes or deregistration, and shall start from the date of completion of registration. Within 10 working days, bring the original license to the tourism administrative department for filing and renew or return the travel agency business license.

Article 13 A travel agency shall, within 3 working days from the date of obtaining the "Travel Agency Business License", open a special account for the quality guarantee deposit at the bank designated by the tourism administrative department of the State Council and deposit the quality deposit A deposit, or a bank guarantee with a legally obtained guarantee amount not less than the corresponding quality deposit amount must be submitted to the tourism administrative department that issued the permit.

Travel agencies engaged in domestic tourism business and inbound tourism business shall deposit a quality guarantee deposit of 200,000 yuan; travel agencies engaged in outbound tourism business shall increase their quality guarantee deposit by 1.2 million yuan.

The interest on the quality deposit belongs to the travel agency.

Article 14: Every time a travel agency establishes a branch to engage in domestic tourism business and inbound tourism business, it shall add 50,000 yuan to its quality guarantee account; every time a travel agency establishes a branch to engage in outbound tourism business, its quality guarantee account The margin account increased by 300,000 yuan.

Article 15 Under any of the following circumstances, the tourism administrative department may use the quality guarantee deposit of the travel agency:

(1) The travel agency violates the travel contract and infringes upon the legitimate rights and interests of tourists, Verified to be true by the tourism administrative department;

(2) The travel agency causes losses in travel expenses advanced by tourists due to dissolution, bankruptcy or other reasons.

Article 16 Judgments, rulings and other effective legal documents of the People's Court. If the People's Court determines that a travel agency has harmed the legitimate rights and interests of tourists, and the travel agency refuses or is unable to compensate, the People's Court may withdraw the money from the travel agency's quality deposit account. Allocate compensation.

Article 17 If a travel agency has not been fined or punished by an administrative agency for infringing upon the legitimate rights and interests of tourists within three years from the date of payment or top-up of the quality guarantee deposit, the tourism administrative department shall transfer the quality guarantee deposit of the travel agency to the The amount will be reduced by 50% and announced to the public. Travel agencies can reduce their quality guarantee deposits with certificates issued by the tourism administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government.

Article 18: After a travel agency compensates tourists with quality guarantee funds, if the travel agency is fined by the administrative agency for infringing the legitimate rights and interests of tourists or the quality guarantee deposit is reduced in accordance with the law, the losses shall be compensated

Previous The foreign-invested travel agencies mentioned in this paragraph include Sino-foreign joint venture travel agencies, Sino-foreign cooperative travel agencies and foreign-funded travel agencies.

Article 22 If a foreign-invested enterprise applies to operate a travel agency business, it shall apply to the tourism administrative department of the province, autonomous region, or municipality where it is located, and submit relevant certification documents that meet the conditions specified in Article 6 of these Regulations. The tourism administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government shall complete the review within 30 working days from the date of acceptance of the application. If permission is granted, a travel agency business license will be issued; if it is not met, the applicant will be notified in writing and the reasons will be explained.

The establishment of a foreign-invested travel agency must also comply with laws and regulations related to foreign investment.

Article 23 Foreign-invested travel agencies are not allowed to operate overseas travel business for mainland residents within the country and travel business to the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Region, unless otherwise provided by the State Council, except for the decision of the United States. Or the Free Trade Agreement signed between China and the Mainland - the Closer Economic Partnership Arrangement between Hong Kong and Macau.

2. Is it correct for a travel agency to set up a branch to engage in outbound tourism business?

Answer: Travel agency management refers to the decisions made by the travel agency for its own survival, development and realization of its strategic goals. decisions, and the efforts made in all aspects to achieve such decisions. Operating a travel agency is the most basic activity and the first function for the survival and development of a travel agency. The management capabilities and effectiveness of a travel agency mainly depend on whether it can correctly understand and grasp market demands and changes, whether the company's internal advantages are fully utilized, and the degree of coordinated development of the company's internal conditions and the market. In other words, it depends on the ability of travel agencies to adapt to the market.

According to the relevant laws of our country, travel agencies can operate domestic tourism, outbound tourism, border tourism, inbound tourism and other tourism businesses. Those engaged in outbound and border tourism must obtain a business license.

"Tourism Law of the People's Republic of China"

Article 29 Travel agencies may operate the following businesses:

(1) Domestic tourism;< /p>

(2) Outbound tourism;

(3) Border tourism;

(4) Inbound tourism;

(5) Other tourism business.

Travel agencies engaged in the second and third items of the preceding paragraph shall obtain corresponding business licenses, and the specific conditions shall be prescribed by the State Council.

The business scope of international travel agencies

The business scope of international travel agencies includes inbound tourism, outbound tourism and domestic tourism. Specific businesses include the following:

1. Attract Chinese tourists to travel to China, arrange transportation, sightseeing, accommodation, catering, shopping, entertainment and provide tour guide services.

2. In order to attract foreign tourists to China, overseas Chinese, Hong Kong, Macao and Taiwan people will inform them of their return to the country and travel to the mainland, arrange transportation, sightseeing, accommodation, catering, shopping, entertainment and provide tour guides and other related services.

3. With the approval of the National Tourism Administration, attract and organize domestic residents to travel abroad and Hong Kong, Macao and Taiwan regions, and arrange tour leaders and entrusted reception services for them.

4. With the approval of the National Tourism Administration, attract and organize residents within our country to travel to border areas specified by countries bordering our country, and arrange tour guides and entrusted reception services for them.

5. After approval, accept the entrustment of tourists and handle entry-exit and visa procedures for tourists.

6. Purchase and book domestic and international transportation tickets for tourists, and provide luggage services.

7. Other tourism businesses specified by the National Tourism Administration.

3. The following are outbound tourism services of travel agencies

In order to protect the legitimate rights and interests of tourists, travel agencies must pay a certain quality deposit to the tourism bureau of the competent unit when bidding. Usually domestic travel agencies 300,000 yuan, and 1.4 million yuan for outbound travel agencies.

:4. Travel agencies operating outbound tourism business shall pay

1. Attract Chinese tourists to travel to China, arrange transportation, sightseeing, accommodation, catering, shopping, entertainment and Guided tours are provided.

2. In order to attract foreign tourists to China, overseas Chinese, Hong Kong, Macao and Taiwan people will notify them to return

5. After approval, accept the entrustment of tourists and handle exit for tourists. Immigration and visa procedures. 6. Purchase and book domestic and international transportation tickets for tourists, and provide luggage services. 7. Other tourism businesses specified by the National Tourism Administration. To establish a travel agency, the following conditions must be met: To apply for the establishment of a travel agency that operates domestic tourism business and inbound tourism business, the following conditions must be met: 1. Have a fixed business premises, that is, the applicant’s own business premises or the applicant’s leased business premises, with a lease period of not less than one year; 2. Necessary business facilities, that is, more than 2 fixed telephones, fax machines, copy machines, and Computers with networking requirements for tourism administration departments and other tourism operators; 3. The registered capital shall not be less than 300,000 yuan.

5. According to the Travel Agency Regulations, my country's travel agencies are divided into

according to the business market and business scope. Domestic travel agency business scope reference: domestic tourism business; inbound tourism business.

2. International travel agency business scope reference: domestic tourism business; inbound tourism business; air ticket sales agency; operating outbound tourism business; accepting entrustment to sell tickets; selling train tickets; etiquette;

Motor vehicle parking services; catering management; car rental.

Chapter 1 General Provisions

Article 1 In order to strengthen the management of the tourism industry, maintain the order of the tourism market, protect the legitimate rights and interests of tourists and tourism operators, and promote the development of the tourism industry, according to These regulations are formulated in accordance with the relevant national laws and regulations and in combination with the actual conditions of the province.

Article 2 The term “tourism” as mentioned in these Regulations refers to the use of tourism resources and facilities to specifically or mainly attract and receive tourists, and to provide tourists with sightseeing, transportation, accommodation, and meals. , shopping, culture, entertainment and other service industries.

Article 3 Anyone who engages in tourism management and tourism activities within the administrative region of this province must abide by these regulations.

Article 4 When developing tourism, we should adhere to the principle of equal emphasis on socialist material civilization and spiritual civilization, and the unification of social, environmental and economic benefits. On the premise of protecting the environment, cultural relics and scenic spots, we will develop tourism resources and ensure the coordinated development of tourism and related industries.

Article 5 People’s governments at or above the county level shall formulate tourism development plans based on tourism resource conditions, incorporate them into the national economic and social development plans of their respective administrative regions, and take effective measures to strengthen tourism infrastructure and services. Facilities construction, strengthening the construction of scenic spots for revolutionary traditional education and patriotism education, and encouraging and supporting the development of tourism.

Encourage domestic units, individuals and foreign investors to invest in and develop tourism resources in accordance with the law, and protect the legitimate rights and interests of investors in accordance with the law.

Article 6 The people's tourism administrative department and the local people's government at or above the county level are responsible for the supervision and management of tourism within their own administrative regions; other relevant departments shall, in accordance with their respective responsibilities, coordinate with the tourism management work.

Seventh People's governments at or above the county level shall, based on the advantages and characteristics of tourism resources, strengthen publicity and increase the visibility of key tourist attractions; improve the tourism service system, improve management level and service quality; develop tourism products, Enrich tourism cultural life; educate tourism professionals to establish the concepts of credibility first, quality first, and service first, and create a good tourism environment.

Article 8 Units and individuals that have made outstanding contributions to the protection, development and utilization of tourism resources in tourism management activities shall be commended and rewarded by the people to local people's governments at or above the county level or tourism authorities.

Chapter 2 Tourists

Article 9 The legitimate rights and interests of tourists are protected by law and may not be infringed by any unit or individual.

Article 10 Tourists shall enjoy the following rights:

(1) Personal and property safety shall not be violated;

(2) Independent choice of tourism operators and Tourism service items and independent decision-making of tourism destinations

Article 11 Tourists shall abide by tourism order, tourism safety, environmental sanitation and other regulations, fulfill tourism contracts or agreements, protect tourism resources and facilities, and respect the purpose of tourism local ethnic customs and religious beliefs.

Article 12 establishes a tourism complaint system. When the legitimate rights and interests of tourists are infringed upon, they may demand compensation from the tourism operator in accordance with the law, complain to the people's tourism administrative department of the people's government at or above the county level or other relevant departments and organizations where the tourism operator is located or where the infringement occurs, or directly file a complaint with the tourism operator. People's Court filed suit in US courts.

Article 13: Tourists’ claims and complaints should be taken seriously and handled in a timely manner. Tourism operators requested for compensation shall respond to tourists within five days; people's governments at or above the county level or other relevant departments and organizations that accept complaints from the people's tourism administrative department shall respond to tourists within ten days.

Chapter 3 Tourism Operators

Article 14 The tourism operators referred to in these Regulations and the tourism operating units referred to in these Regulations refer to those who specialize or mainly engage in tourism in accordance with the provisions of these Regulations Units operating activities include travel agencies, tourist hotels, tourist shops, tourist boat and ship companies and service companies, tourist cultural and entertainment venues and resorts (villages), tourist attraction (spot) management agencies and individual operators.

Tourism operators must obtain business qualifications in accordance with the law before they can engage in tourism business activities.

Article 15 Tourism operators shall operate in accordance with the law, abide by the principles of good faith and fair competition, abide by professional ethics, and provide quality services to tourists.

Tourism operators shall provide services in accordance with the service scope and standards agreed in the contract or agreement.

Article 16 Tourism operators shall publish the service items and service charging standards approved by the price department, clearly mark the prices, and ensure service quality.

Tourism operators shall not increase the charging standards for tourism services without authorization, shall not force tourists to participate in tourism projects that they are unwilling to participate in, shall not operate tourism commodities and services expressly prohibited by the state, and shall not force tourists to purchase tourism commodities. Tourists shall not be deceived or extorted of their property.

Article 17 Tourism operators shall establish and improve safety management systems, equip them with tourism safety facilities and equipment commensurate with their business scope, and ensure the personal and property safety of tourists. High-altitude tourism facilities and thrill tourism projects must comply with national safety regulations and standards.

Tourism operators should provide tourists with true explanations and clear warnings about matters that may endanger tourists’ personal and property safety, and apply for travel accident insurance for tourists in accordance with relevant national regulations.

When the personal or property safety of the 18th tourist is seriously violated, the tourism operator shall take effective measures to rescue or help find him, and report to the relevant departments in a timely manner.

Article 19 Tourism operators should strengthen professional ethics education and professional training for employees. Employees must be trained and qualified before they can take up the job.

Personnel in the tourism industry must be loyal to their duties, abide by laws and regulations, and serve tourists enthusiastically.

Article 20 The legitimate rights and interests of tourism operators are protected by law and may not be infringed upon by any unit or individual. Tourism operators have the right to report and accuse behavior that infringes upon their legitimate rights and interests.

Tourism operators have the right to refuse relevant departments to forcefully promote their designated products, and have the right to refuse charges and assessments that violate relevant national and provincial regulations.

Article 21 When a travel agency receives domestic and foreign tour groups, it shall sign a written contract with the tour group.

Travel agencies shall not entrust any unit or individual other than the travel agency to operate tourism business, and shall not operate tourism business beyond its business scope.

Article 22 The management agency of tourist attractions (spots) shall strengthen the management of tourist attractions (spots), keep tourist facilities in good condition, keep tourist attractions (spots) clean and hygienic, and provide safety and security for tourists. Civilized, hygienic, beautiful and convenient tourism environment.

Article 2

Tour guides must wear tour guide certificates and tour guide certificates when working as tour guides, and may not engage in tour guide business without a license or without being appointed by a travel agency; they may not ask for tips, withholding or disguised deductions Accommodation and catering expenses for tourists; they must not change tourist attractions against their wishes; they must not violate the contract by taking overseas tour groups or groups to non-designated tourist units for accommodation, catering, shopping, entertainment, or chartering boats.

Chapter 4 Supervision and Management

Article 24 The people’s tourism administrative department, the local people’s government at or above the county level and other relevant departments shall supervise and manage tourism operators in accordance with their management authority. . Tour operators should be subject to supervision and management.

Article 25 The construction of key tourist facilities and projects shall seek the opinions of the people's tourism administrative department and the approval of the people's government at or above the county level, and shall be in accordance with the national and provincial people's governments.

Article 26 A licensing system shall be implemented for travel agency business. To apply for the establishment of an international travel agency, an application form shall be submitted to the tourism administrative department of the local people's government. The tourism administrative department of the people's government at or above the county level shall submit an application to the provincial people's government. After review and approval, the application will be submitted to the national tourism administration department for approval. To apply for the establishment of a domestic travel agency, an application form should be submitted to the tourism administrative department of the local people's government at or above the county level, and an application should be submitted to the tourism administrative department of the provincial people's government for U.S. government approval.

If the provisions of the preceding paragraph are met, the tourism administrative department of the Provincial People's Government shall issue a "Travel Agency Business License" and go to the industrial and commercial administrative department to apply for a business license.

Article 27 If a provincial travel agency establishes a branch in the province, and a provincial travel agency establishes a branch elsewhere in the province, it shall hold a "Travel Agency Business License" and an "Enterprise Legal Person Business License". Apply to the people's government of the municipal or autonomous prefecture people's government and the regional administrative office where it is located, and submit applications for approval in accordance with the provisions of the State Council.

Article 28: Tourism operators establish tourism offices overseas, start tourism enterprises, organize tourism promotion activities, or organize national tourism promotion activities within the country, and foreign travel agencies apply to establish permanent tourism agencies in this province. , an application should be submitted to the tourism administrative department of the local people's government, and if it is reviewed by the tourism administrative department of the provincial people's government, it should be submitted to the relevant departments of the State Council for approval.

Article 29 Travel agencies shall pay quality guarantee deposits to the tourism administrative department of the people's government. The people's government at or above the county level shall comply with the "Travel Agency Management Regulations" stipulated by the State Council. Quality guarantee metal belongs to paid travel agencies and is used to compensate tourists for losses. No unit or individual may embezzle or misappropriate it.

Article 30: To build a new tourist-star hotel, the tourism department of the provincial people’s government shall be consulted. If a hotel meets the star-rating conditions, it shall participate in star rating in accordance with the standards prescribed by the state and be included in standardized management. Hotels that have been rated as stars will implement a star rating review system.

Article 31 Tourist hotels, tourist resorts (villages), tourist car companies, restaurants, shops, entertainment venues, etc. Those engaged in foreign-related tourism business should be managed at designated points in accordance with tourism standards to ensure service quality. Specific measures shall be determined by the provincial people's government.

Article 32 The tourism administrative department of the Provincial People’s Government shall, in conjunction with relevant departments, make decisions based on the content of tourist landscapes, reception scale, service quality, management level, public security and health conditions, and conditions of viewing, cultural and tourist facilities. , classify tourist attractions (spots) into grades

(3) Asking for tips from tourists, deducting or deducting accommodation and catering expenses from tourists in disguise;

(4) Violating tourists Changing scenic spots without authorization;

(5) Bringing overseas tour groups or groups to non-designated tourist units for accommodation, dining, shopping, entertainment, or boat rental.

If any of the acts in Items (3), (4), and (5) of the preceding paragraph is serious, the tourism administrative department of the Provincial People’s Government and the U.S. Government will revoke his tour guide certificate.

Article 35 Violates laws and regulations on public security management, construction, land, forestry, transportation, cultural relics protection, prices, foreign affairs, environmental protection, industrial and commercial administration, etc. Those who engage in tourism or tourism business activities shall be administered by the people's governments at or above the county level in accordance with the law; those who violate criminal laws shall be held criminally responsible in accordance with the law.

Administrative penalties of fines shall not be imposed more than twice for the same illegal act.

Article 36 If the parties concerned are dissatisfied with the specific administrative actions taken by the tourism administrative department of the people's government, the people's government at or above the county level and its relevant administrative agencies may apply for administrative reconsideration or file an administrative lawsuit with the people's court in accordance with the law. U.S. courts according to law.

Article 37 If any staff member of the tourism administrative department of the people’s government at or above the county level and other relevant administrative departments neglects his or her duties, abuses his power, or engages in malpractice for personal gain, he or she shall be given administrative sanctions by the unit where he or she belongs or by the superior authority. ; If it constitutes a crime, criminal responsibility shall be pursued in accordance with the law.

Chapter 6 Supplementary Provisions

Article 38 These Regulations shall come into effect on June 1, 1997.

6. The Travel Agency Regulations stipulate that travel agencies operating outbound tourism business must pay ***

To apply for the establishment of a travel agency operating domestic tourism business and inbound tourism business, the following conditions must be met:< /p>

It is easy to apply for domestic travel agencies. If you need a travel agency with outbound travel qualifications, you must first handle domestic travel.