Administrative Measures For Tour Guides In Zhejiang Province

Original Language Title: 浙江省导游人员管理办法

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(November 27, 2006, Zhejiang Province people's Government promulgated as of January 1, 2007, No. 227) Chapter I General provisions article in order to regulate the tour guide activities, protect the legitimate rights and interests of tourists and tour guides, maintaining the order of tourism market, promote the development of the tourism industry, according to the tour guides Management Ordinance (hereinafter referred to as the regulations) and the provisions of other relevant laws and regulations, combined with the facts of the province, these measures are formulated.
    Second tour guide in these measures refers to obtain a Guide document (including the tour guide license, the Manager certificate and the scenic tour guide license), accepts travel agencies, scenic tourist service unit appointed for tourist guides, tutorials and related service personnel, including guided tours, outbound tour leaders and scenic tour guide.
    Third guide within the administrative region of this province qualify, practice and management procedures apply.
    Fourth Tourism administrative departments of the people's Governments above the county level shall be responsible for tour guides management of work within their respective administrative areas.
    Article fifth tour guide practice, shall obtain a Guide document. Sixth tour guides can form a self-regulatory industry organization according to law, strengthen industry self-regulation, to safeguard their legitimate rights and interests.
    Guide industry self-discipline organization in accordance with the laws, regulations, rules and regulations to carry out the work, accept the guidance and supervision of the tourism administrative departments.
    Tour guides should be heard by the Administrative Department of self-regulatory industry organization, timely resolution of tour management, problems in the service.
    Chapter practice seventh national guides, outbound tour guides to implement a unified national examination for the qualification system, implemented by tourism administrative departments of the province.
    Scenic tourist guides qualification examination system in the province, organized by the tourism administrative departments of the province district tourism administrative departments of the city.
    Exam registration and issuing of ticket details, by the County (city, district) tourism administrative departments in charge.
    Article eighth tourist guides qualification examinations shall be announced to the public in late March every year. National guides, outbound tour managers qualifying examination published by tourism administrative departments of the province.
    Scenic tourist guides qualification examination by the city divided into districts or counties (cities and districts) in local tourism administrative departments announced.
    Nineth apply for tourist guides qualification examination, subject to the following conditions: (a) the People's Republic of China nationality, (ii) has a high school, secondary school or higher education, (iii) health and (iv) has a corresponding guide knowledge and language skills, foreign guides should also be equipped with the corresponding language level.
    Tenth to apply for tourist guides qualification examination, the following documents shall be submitted: (a) the application for registration form and (b) proof of identity, (iii) relevant qualifications. 11th to apply for tourist guides qualification examination shall be made to the work or the domicile of the County (city, district) tourism administrative departments for registration.
    The County (city, district) tourism administrative departments should test before 10th of the admission ticket. 12th tour guide examination divided into written and oral examinations. The people with professional college degree or above, to make written exam.
    Persons with Bachelor degree major in foreign languages, to make foreign language exam.
    13th tour guide qualification exams of the original registration counties (cities, districts) published by the Administrative Department for tourism and for written notification of the test persons.
    Notice of examination based on test scores, to the tourism administrative departments to obtain qualifications document.
    Article 14th tourist guide qualification certificate, the leader qualification certificate by the provincial tourism administrative departments or their authorized city divided into districts or counties (cities, districts) tourism administrative departments issued the scenic tourist guide qualification certificate of the city divided into districts or counties (cities, districts) issued by the Administrative Department for tourism.
    15th tourism administrative departments and their subordinate units shall organize the mandatory and mandatory training tourist guides Qualification exam in a disguised form, no textbook or other supplementary material.
    16th chapter practice management section of the tourist guide qualification certificate or the personnel requirements of the Manager qualification to practise shall labor contract with the travel agent or tour company registration and sign a labour contract or proof of registration materials, apply in practice to the provincial departments of Tourism Administration.
    Made the personnel requirements of the scenic tour guide license practitioners, labour contract shall be signed with the scenic tourist service unit and at districts with a labor contract signed by municipal tourism administrative departments practice applications.
    17th of provinces, districts and municipal tourism administrative departments should be accepted practice application within 15 working days from the date of decision, approved the practice of, respectively, issued the Guide certificate of leader card or the scenic tour guide license; practice of rejection, it shall inform the applicant in writing and state the reasons.
    18th under any of the following circumstances shall not issue tourist guide certificates: (a) legal incapacity or restricted legal capacity, (ii) have an infectious disease, (c) has been subjected to criminal punishment, criminal negligence or modification of reformed and except for the quality and ability of tourist guides (iv) Guide document has been revoked.
    19th tour vouchers are valid for 3 years by tourism administrative departments of the province in accordance with the format prescribed by the State printing.
    Administrative Department for Tourism Organization tourist guide qualification examination, issuance of qualifications and Guide documents, fees shall conform to the national and provincial provisions relating to administrative fees management, no illegal charges.
    20th article Guide personnel has following case one of, need continues to practice industry of, should to issued Guide documents of tourism administrative competent sector application renewal Guide documents: (a) and new of travel agency, and attractions scenic tourism service units signed labor contract or in new of guide service company registration of; (ii) by assessment qualified get high a level guide qualification grade certificate, need received corresponding Guide documents of; (three) Guide documents damaged, cannot using of.
    Application materials are complete and meet the requirements, tourist Administrative Department for accepting applications shall be on the spot to exchange their tour guide document. Tour guides need extended Guide documents shall be effective before the expiry of 3 months to apply to the tourist guide documents issued by administrative departments.
    Tourist Administrative Department for accepting applications shall, in deciding whether to approve the extension before the expiry; fails to make a decision, considered to approve the extension. Article 21st Guide documents missing, it shall promptly apply for a replacement.
    Tourism administrative departments should be within 1 working day of receiving the applications for replacement handle.
    22nd article has specific languages language capacity of personnel, is not made guide personnel qualification certificate, but for travel agency, and attractions scenic tourism service units of tourism task need temporary engaged in guide activities of, travel agency, and attractions scenic tourism service units can to province tourism administrative competent sector application received temporary guide card, and temporary leader card or temporary attractions scenic guide card (following collectively temporary Guide documents). Tourism administrative departments shall, in accepting an application for temporary Guide documents within 5 working days from the date of decision.
    Meet the requirements, issue temporary Guide documents does not meet the conditions, and shall inform the applicant in writing and state the reasons.
    Tourism administrative departments may appoint a city divided into districts or counties (cities, districts) temporary Guide document issued by the competent administrative Department for tourism.
    Temporary tour guides and valid for not more than 3 months at a time and repeated claims, today within the validity period of not more than 3 months a year.
    Article 23rd Guide documents will only use himself, shall forge, alter or lend or sell. Tour guide practice, shall wear the tour guide document.
    Prohibition tour guide documents the practice activity.
    Scenic tour in the scenic tour guide license within the approved scope of practice.
    24th tour qualification examination and evaluation, by tourism administrative departments of the province in accordance with the relevant provisions of the State organization. 25th tour guide practice, shall delegate reception plan, according to delegate units with the tourist travel contract signed between practice, shall not be allowed to increase, decrease, tours or suspension of guided tours.
    Changing hosting plans, should ask the written consent of the delegates and tourists; the contract changes require additional costs, should ask the tourist's permission, and provide the service.
    Travel agencies, scenic tourism services tourism task requires mutual borrowing of tour guides, shall enter into a borrowing agreement. Attractions, scenic tour service prices.
    Scenic tour guide should be based on scenic tourist service commitments to tourists, guides and guide services.
    26th article Guide personnel practice industry Shi, ban following behavior: (a) not completed tourism trip and unauthorized suspended guide activities; (ii) to express or hinted of way to tourists asking for tip (property); (three) to tourists selling, and disguised selling items or to tourists purchase items; (four) violation tourism contract of agreed, without tourists agreed arrangements shopping or forced marketing commodity and service; (five) cheat, and stress tourists consumption or and operators collusion, cheat, and stress tourists consumption;
    (F) to provide tourists with commodity or service providers ask for kickbacks, commissions or other benefits; (VII) explained spreading harmful to national sovereignty and dignity as well as content contrary to socialist morality and (VIII) other behaviors prohibited by laws, rules and regulations. 27th tour guide practice, their human dignity should be respected, their security of person are inviolable. The requirements for any of the following circumstances, tour guide has the right to refuse: (a) the affront to their human dignity demands, (ii) violations of professional ethics of the unreasonable requirements; (c) not in accordance with our national customs requirements; (d) other behaviors prohibited by laws, rules and regulations.

    28th tour guide practice, should guarantee the safety of tourists; may endanger the physical safety of tourists in the tourist should be made true statements, or clear warnings to tourists and in accordance with the administration of production safety supervision and administration departments, travel departments and travel agencies or scenic tours upon request by taking measures to prevent harm from occurring.
    In case could jeopardize the physical safety of tourists during emergency situations, the consent of the approval of the majority of tourists, tour guides can adjust or change hosting plans, it should be immediately to a group of travel agencies and scenic tourist service unit reported.
    When travelers personal injury, tour guides effective rescue measures should be taken, and to a group of travel agencies and scenic tourist service unit reported. Article 29th tourist guides acts in violation of these rules, the right to report to the competent administrative Department for tourism.
    Tourism administrative departments should investigate and verify in a timely manner, and will inform the whistleblower complaints.
    30th travel agency or tour company, scenic tourist service unit shall, in accordance with the relevant provisions of national and provincial, labor contract with the tour guide, paid tour guides cannot be paid less than the local minimum wage and pay-related social insurance costs; on part-time or temporary tour guides shall pay reasonable remuneration according to their income.
    Fourth chapter legal liability article 31st for acts in violation of these rules and regulations or other relevant laws and regulations have provisions for penalties, from its provisions.
    32nd article violation this approach provides, has following behavior one of of, in accordance with Ordinance 18th article, and 19th article, and 20th article, and 22nd article provides punishment: (a) unauthorized increased or reduced tourism project; (ii) unauthorized change reception plans; (three) unauthorized suspended guide activities; (four) no guide documents for guide activities; (five) without travel agency delegate, privately contract guide business; (six) for guide activities Shi, damage national interests and national dignity.
    Article 33rd tour guide violation of paragraph one of this article 20th paragraph (a), (c) provision, the guides that are not in accordance with the regulations and issue a new certificate, the tourism administrative departments above the county level shall order correction within; it fails to mend, to a fine of up to 500 Yuan more than 2000.
    34th article violation this approach 23rd article first paragraph provides of, by County above tourism administrative competent sector by following provides processing: (a) lending Guide documents of, ordered corrected, and can at 1000 Yuan above 2000 Yuan following of fine; (ii) altered, and forged or sale Guide documents of, at 2000 Yuan above 3000 Yuan following of fine; plot serious of, at 3000 Yuan above 5000 Yuan following of fine, and to announced.
    35th in violation of paragraph III of this article 25th, attractions, scenic tour exceeding the prescribed standard to calculate payment for services, by County (city, district) the price administrative departments in a warning, and to a fine of up to 500 Yuan more than 2000.
    36th article Guide personnel violation this approach 28th article provides, not to tourists real description or clear warning tourism security note matters of, by County above tourism administrative competent sector give 1000 Yuan above 5000 Yuan following of fine; not according to requirements take prevention measures and occurred security accident of, or occurred accident not take effective ambulance measures, also not timely report of, by County above tourism administrative competent sector give 3000 Yuan above 10,000 yuan following of fine.
    37th travel agency or tour company, scenic tourist service unit is not in accordance with the relevant provisions of national and provincial, tour or tour guides to pay wages below the local minimum wage, labor and social security administration departments at or above the county level shall, in accordance with the relevant labor laws and regulations.
    Article 38th fault causes losses to the tourist for tour guides from travel agency or tour company, scenic travel legally undertake the compensation services unit, which guides personnel appointed by the third person, travel agency or tour company, scenic tourist service unit after paying compensation, recourse to a third person.
    39th article tourism administrative competent sector and staff has following case one of of, by its where units or administrative monitored organ on directly is responsible for of competent personnel or other directly responsibility personnel give administrative or disciplinary; constitute crime of, law held criminal: (a) not according to provides announced exam matters of; (ii) on meet candidates registered for the conditions not granted exam of; (three) on exam qualified and meet provides conditions who, not timely notification, not issued Guide qualification documents or guide documents of;
    (D) for failure to meet the required conditions, be issued tourist guide qualification certificate or Guide document (v) organize a mandatory or compulsory pre-examination training in disguise, textbook or other supplementary material, and (vi) other acts of dereliction of duty, abuse of authority or engages in.
          Fifth chapter by-laws 40th these measures come into force on January 1, 2007.

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