Notice from the National Tourism Administration on the issuance of the "Interim Measures for the Management of Hotel Management Companies"

Article 1: In order to support the development of hotel management companies in my country, promote professional and group management of the tourist hotel industry, enhance the vitality of hotel enterprises, improve economic benefits, and encourage hotel management companies to carry out international operations, And to strengthen the management of hotel management companies, these measures are specially formulated in accordance with the relevant policies of the State Council. Article 2 Nature of a hotel management company

The term "hotel management company" as mentioned in these Measures refers to an enterprise legal person that provides management to hotels with its unique professional skills and management talents, and independently enjoys civil rights and assumes civil obligations. Article 3 The business purpose of the hotel management company is to promote the growth and exchange of talents through the management of the hotels under its management, promote the management level, service quality, equipment maintenance, etc. of the hotels under its management to gradually reach the international advanced level, and focus on improving the economic benefits of the hotel . Article 4 Conditions for establishing a hotel management company:

(1) Have a name that complies with national laws and regulations;

(2) Have a fixed business location and a business scope consistent with Adaptable necessary facilities, registered capital and credit guarantee;

(3) The general manager of the hotel management company should have more than three years of experience in senior business management in a three-star or above hotel, and have a college degree. The above degree or a professional diploma in tourism hotel management at home and abroad;

(4) The hotel management company should have a sound financial organization, the financial personnel must have corresponding technical titles, and the person in charge of the financial department must have Senior accountant title;

(5) The hotel management company should have written quality standards, service specifications, operating procedures, management regulations and relevant systems, and have the ability to dispatch full-time management personnel and train students. The management level and service quality of the hotels under its management should be able to meet the standards of corresponding star-rated hotels promulgated by the state;

(6) The hotel management company should have a sound organizational structure and must have a training department, a quality management department, Necessary functional departments such as the Finance Department. Article 5 To apply for a hotel management company, you must have the following documents:

(1) Application report from the hotel management company’s superior authority;

(2) Articles of association of the hotel management company;

The articles of association of a hotel management company should have the following provisions:

1. The full name and registered place of the hotel management company;

2. The registered capital of the hotel management company;

3. The ownership nature of the hotel management company;

4. The organizational structure of the hotel management company;

5. The business scope of the hotel management company;

6. Management objectives of hotel management companies.

(3) Technical requirements and professional materials for hotel management companies:

1. The purpose of managing the company;

2. Service specifications;

3. Quality standards;

4. A comprehensive description of management styles and models.

(4) Credit guarantee letter from a large enterprise with assets of more than 100 million yuan. Article 6: The tourism bureaus of all provinces, autonomous regions, and municipalities directly under the Central Government shall, in accordance with these Measures, review the application reports of the superior authorities of each hotel management company and the valid documents for the establishment of the hotel management company, and then submit them to the National Tourism Administration for approval. Article 7 After receiving the approval from the National Tourism Administration, the hotel management company shall register with the relevant industrial and commercial administrative department and obtain a business license. Article 8 Business scope of hotel management companies

Approved and registered hotel management companies can engage in the following businesses:

(1) Undertake the management of domestic and foreign hotels;

(2) Undertake the training of hotel employees at home and abroad;

(3) Undertake the maintenance of special hotel equipment and the purchase and supply of hotel supplies, raw materials and equipment;

(4) Undertake service entrustment from domestic and foreign guests and serve as hotel business agents at home and abroad;

(5) Provide consulting services and consulting services for hotel business;

(6) Provide professional hotel opening services ;

(7) Provide hotel management company room reservation system services. Article 9 Management Contract

A management contract is a basic legal document that clarifies the responsibilities, rights and interests of both parties to the contract. In order to safeguard the legitimate rights and interests of both parties to the contract, clarify the responsibilities, rights and interests of both parties, and avoid disputes caused by improper signing of the contract, these Measures provide a recommended hotel management company contract template in the attachment.

The contract signed between the hotel management company and the hotel should generally have the following clauses:

(1) The full names, legal business addresses, names and nationalities of the legal representatives of both parties to the contract;

(2) The contract should indicate the business method and business objectives;

(3) The responsibilities, rights and interests of both parties to the contract;

(4) The contract should clearly manage Methods for extracting fees and management personnel’s wages, benefits, insurance and other matters;

(5) Transfer, change, rescission and termination of the contract;

(6) Liability for breach of contract , arbitration of disputes, the amount of compensation for breach of contract;

(7) The words used in the contract and their effectiveness.

Article 10 Credit conditions of hotel management companies

The amount of funds used by hotel managers is relatively large, and the risks are also relatively large. In order to enable managers to put the interests of the enterprise first when making decisions, at the same time, in order to To effectively prevent corruption that may occur in the economic activities of hotel management companies and better protect the interests of hotels, hotel management companies are required to have better credit conditions.

The hotel management company applying for registration should meet one of the following conditions in terms of credit standing:

(1) The hotel management company is a large company (fixed assets of more than 100 million yuan) )'s wholly-owned subsidiary or holding subsidiary, and has a credit guarantee provided by the parent company.

(2) The hotel management company can also provide credit guarantee by a large company (with fixed assets of more than 100 million yuan) that has no direct asset relationship, and thus form a certain asset relationship.

(3) Hotel management companies can also provide credit guarantees from non-bank financial institutions.