Travel Agency Regulations (revised in 2020)

Chapter I General Provisions Article 1 These Regulations are formulated for the purpose of strengthening the administration of travel agencies, safeguarding the legitimate rights and interests of tourists and travel agencies, maintaining the order of the tourism market and promoting the healthy development of tourism. Article 2 These Regulations shall apply to the establishment and business activities of travel agencies in People's Republic of China (PRC).

The term "travel agency" as mentioned in these Regulations refers to an enterprise as a legal person engaged in soliciting, organizing and receiving tourists, providing relevant tourism services for tourists, and carrying out domestic tourism business, inbound tourism business or outbound tourism business. Article 3 The tourism administrative department of the State Council shall be responsible for the supervision and administration of the national travel agencies.

The tourism administrative departments of local people's governments at or above the county level shall be responsible for the supervision and administration of travel agencies within their respective administrative areas in accordance with their duties.

The relevant departments of industry and commerce, price, commerce and foreign exchange of the people's governments at or above the county level shall, in accordance with the division of responsibilities, supervise and manage travel agencies according to law. Article 4 Travel agencies shall follow the principles of voluntariness, equality, fairness, honesty and credibility in their business activities, improve service quality and safeguard the legitimate rights and interests of tourists. Article 5 Trade organizations of travel agencies shall provide services for travel agencies in accordance with their articles of association, play the role of coordination and self-discipline, and guide travel agencies to operate legally, fairly and honestly. Chapter II Establishment of Travel Agencies Article 6 Anyone who applies for domestic tourism business and inbound tourism business shall obtain the qualification of an enterprise legal person with a registered capital of not less than 300,000 yuan. Article 7 To apply for domestic tourism business and inbound tourism business, an application shall be submitted to the tourism administrative department of the province, autonomous region or municipality directly under the Central Government where it is located or the municipal tourism administrative department with districts entrusted by it, and relevant supporting documents that meet the provisions of Article 6 of these Regulations shall be submitted. The tourism administrative department that accepts the application shall make a decision of approval or disapproval within 20 working days from the date of accepting the application. If a permit is granted, a travel agency business license shall be issued to the applicant; If the license is not granted, notify the applicant in writing and explain the reasons. Article 8 A travel agency that has obtained a business license for two years and has not been fined by the administrative organ for violating the legitimate rights and interests of tourists may apply for operating outbound tourism business. Article 9 Anyone who applies for outbound tourism business shall apply 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 him, and the tourism administrative department that accepts the application shall make a decision of approval or disapproval within 20 working days from the date of accepting the application. If a permit is granted, it shall be renewed to the applicant for the Travel Agency Business License; If the license is not granted, notify the applicant in writing and explain the reasons. Article 10 Where a travel agency establishes a branch, it shall register its establishment with the administrative department for industry and commerce where the branch is located, and file it with the tourism administrative department where the branch is located within 3 working days from the date of establishment registration.

Travel agencies set up branches without geographical restrictions. The business scope of the branch shall not exceed the business scope of the travel agency that set up the branch. Article 11 When a travel agency establishes a service outlet dedicated to attracting tourists and providing travel consultation (hereinafter referred to as the service outlet of travel agency), it shall go through the registration formalities with the administrative department for industry and commerce according to law and file with the local tourism administrative department.

Service outlets of travel agencies shall accept the unified management of travel agencies and shall not engage in activities other than soliciting and consulting. Article 12 Where a travel agency changes its name, business premises, legal representative and other registered items or terminates its operation, it shall go through the corresponding registration change or cancellation at the administrative department for industry and commerce, and file with the original licensed tourism administrative department within 10 working days after the registration is completed, 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 quality deposit in a bank designated by the tourism administrative department of the State Council, deposit the quality deposit, or submit a bank guarantee with a legally obtained guarantee amount not less than the corresponding quality deposit amount to the tourism administrative department that made the license.

Travel agencies engaged in domestic tourism business and inbound tourism business shall deposit a quality deposit of 200,000 yuan; Travel agencies engaged in outbound tourism business increased the quality guarantee by 6,543,800 yuan+0.2 million yuan.

The interest on the quality deposit belongs to the travel agency. Article 14 Every time a travel agency establishes a branch of domestic tourism business and inbound tourism business, it shall add 50,000 yuan to its quality guarantee account; For each branch that operates outbound tourism business, its quality guarantee account should be increased by 300,000 yuan. Fifteenth in any of the following circumstances, the tourism administrative department may use the quality deposit of the travel agency:

(a) the travel agency violates the travel contract and infringes on the legitimate rights and interests of tourists, which is verified by the tourism administrative department;

(2) Loss of travel expenses paid in advance by tourists due to dissolution, bankruptcy or other reasons. Sixteenth people's court judgment, ruling or other effective legal documents that travel agencies harm the legitimate rights and interests of tourists, travel agencies refused or unable to compensate, the people's court may transfer compensation from the travel agency quality deposit account. Article 17 If a travel agency has not been fined by the administrative organ for infringing the legitimate rights and interests of tourists within three years from the date of paying or supplementing the quality deposit, the tourism administrative department shall reduce the amount of the quality deposit of the travel agency by 50% and announce it to the public. A travel agency may reduce its quality deposit with a certificate issued by the tourism administrative department of a province, autonomous region or municipality directly under the Central Government.