Key Benefits:
(No. 160 of the People's Government Order No. 160 of 6 August 2003) Chapter I General In order to strengthen the management of the Travel Service, to guarantee the legitimate rights and interests of the tourists and travel agencies, to maintain the tourism market order and to promote the development of the tourism industry, and to develop this approach in line with the State Department's Regulations on Travel Administration (hereinafter referred to as National Regulations) and the Zang Province Tourism Management Regulations (hereinafter referred to as the Provincial Regulations) in conjunction with the province. Article II applies to the establishment, operation and supervision of travel agencies within the province's administration. Article 3 is responsible for the supervision of all provincial travel agencies. The Government's tourist authorities are responsible for the supervision of the travel agencies within this administrative area, in accordance with their responsibilities. Other relevant sectors should be managed by the travel agency in accordance with their respective responsibilities. Article IV encourages external organizations and individuals to carry out travel services in a variety of forms of law. Travel agencies are encouraged to implement property reform in accordance with the law and to exercise self-employment and to establish and improve modern enterprise systems. Article 5 encourages travel associations to join the Association of Travel Agencies. Chapter II Article 6. The establishment of a travel agency should have conditions such as State-mandated premises, business facilities, operators, registered capital, travel agency quality assurance payments. Article 7. The establishment of a travel agency should have the conditions for operating facilities, which refer to facilities, equipment, such as facsimile, direct telephone newsletter, computer information transmission and networking, for office and services. Article 8 (i) The head of the enterprise with the qualifications of the travel agency manager is less than one; (ii) The head of the department or business manager with the qualifications of the travel agency; (iii) The owner holding of accounting induction cards is not less than two, of which at least one receives more than one assistant account; (iv) The general visitors are not less than three. Article 9. The conditions for the operation of the International Travel Institute include: (i) The head of the enterprise with the qualifications of the travel agency manager is less than one; (ii) The head of the department or business manager with qualifications from the travel agency; (iii) The financial holding of accounting induction cards is less than two. At least one candidate obtains more status as an accountant for the operation of the tourism operation, and if the operation of the exit tourism operation should receive more than three expatriate brigades; (iv) In-persons are not less than three. Article 10 establishes a travel agency, which shall apply to the tourism authorities in accordance with the relevant provisions of the National Regulations for the processing of clearance proceedings, the payment of the NIRE's quality assurance payments and the payment of the IAE operating licence. The tourism authorities shall take decisions that are approved or not approved within 30 days of receipt of the request. The decision was approved by issuing a licence for the operation of the Travel Service; no approval should be given in writing to the applicant and the reasons. The applicant receives a business licence to the business administration. No licence for the operation of the travel agency shall be obtained. Article 11 Travel agencies with a State's mandated capacity to receive may establish subsidiaries without legal personality. The establishment of a sub-group should have the following conditions: (i) There are fixed operating places and the necessary operating facilities; (ii) The head of the sub-office with the qualifications of the travel agency manager is not less than one and the full-time financial officer holding the accounting induction card is less than one; (iii) The operation of domestic tourism operations, with no less than three general visitors; the operation of international tourism operations; and the outside-language guided tourers are less than three; (iv) An increase in the quality assurance of the registered capital and the travel agency is in line with the provisions of the National Regulations. Article 12. The travel agency shall, subject to the approval of its established tourist authorities, review their consent in accordance with the conditions set out in article 11 of this chapter and receive business registration licences in accordance with the law. The tourism authorities shall take a decision of consent within 30 days of receipt of the request. If not agreed, the applicant should be informed in writing of the reasons. Without the consent of the tourist authorities, the travel agency shall not be able to establish a sub-office for business operations. Travel agencies should establish subsidiaries outside their homes, and travel authorities should be available from 15 days from the date of the business registration process. Article 13 establishes branches other than sub-offices, which shall be subject to legal procedures for commercial registration and, within 15 days of the date of registration, the local government tourism authorities at the branch's location shall be reported. The Travel Board entrusted other businesses or individuals with the establishment of advisory services points, which are governed by the law of the licensee to conduct the business registration process and, from 15 days of the date of registration, the district-level government tourism authorities at the location of the advisory service. Article XIV Changes in the scope of tourism operations should be registered in the business administration sector after approval by the previously authorized tourist authorities. The tourism authorities shall make a decision for review within 15 days of the date of receipt of the request for change; the approval shall be communicated in writing to the applicant and the reasons. The travel agency changes the name, the place of operation, the legal representative etc. or the suspension of the industry, and shall be subject to a corresponding change registration or write-off of registration by the business administration and to the approval of the travel authorities within 15 days of the date of registration. Article 15 heads of travel agencies, heads of departments (including heads of branches) and operational supervisors should obtain a certificate of eligibility for travel agency managers in accordance with the relevant provisions of the national tourist authorities. Travellers shall obtain a certificate of eligibility for guided tours, in accordance with the relevant provisions of the State Department's Regulations on the Management of Toursed Persons, and apply for the receipt of a guide, which can be carried out. The travel agency organizes an exit travel tourist and shall obtain a certificate of eligibility for a team, in accordance with the relevant national provisions, and apply for the receipt of a certificate of assignment, which may be engaged in a team activity. Chapter III Article 16 shall operate in accordance with the authorized scope of operation. Travel agencies should follow the principles of voluntary, equal, fair and genuine credits in their business activities and adhere to commercial ethics and industrial self-regulation. Article 17 Travel agencies and their branches should place the “Operational Licence of Travel Agencies” and business licences at awakening place in the place of business. The price of tourism and related service costs should be minimal. Article 18 Travel agencies should implement the quality standards for tourism services developed by the State, industry or the province, and establish a quality assurance system for tourism services based on standards relating to the quality of tourism services. Travel agencies are encouraged to develop and apply enterprise standards that are closely aligned with national standards or industry standards. Travel agencies are encouraged to use the quality standards for tourist services with advanced international levels and to be certified by the international quality system. Article 19 encourages travel agencies to develop specialized tourism projects and tourist operators to develop autonomous intellectual property. Travel agencies are encouraged to establish operating networks, such as licensing, retailing, e-commerce and lock-out operations, to expand the scope of operations. Article 20 provides that travel agencies and tourists should adopt a written form of tourism contracts. Tourism contracts should include the following: (i) The name and address of the travel agency; (ii) Total tourism prices; (iii) Travel schedule and route; (iv) The name of the site; (v) Types and standards of transport tools; (vi) Standards and conditions of accommodation; (vii) Standard and requirements for catering; (viii) The content of the guided tour service; (ix) The location, time and number of purchases; (x) Self-funding projects and fees for the voluntary choice of tourists; (xi) Conditions of termination of contracts; (xii) The breach of responsibility and the dispute resolution; (xiii) Other elements considered necessary by both parties; (xiv) The place and date of signature; (xv) The parties sign the Gae chapter (the travel agency must add chapter or the contract-specific chapter). The conclusion of an exit tourism contract should include procedures and costs relating to the exit visa. Article 21 Travel agencies should provide services to tourists in accordance with contract agreements, without unauthorized change of the schedule of activities, reduction or increased tourism projects, increase costs or arrange other tourism consumption activities that are not agreed upon by the contract. The travel agency arranges for travel projects that require fees outside the contract, with the written consent of the tourists. For special reasons, such as the inability to carry out missions, the established travel contracts will be transferred to other travellers, with the written consent of the tourists and without reducing the agreed service standards. Without the written consent of the tourists to transfer, the transferee should assume responsibility for default. Article 22 establishes a contract with the tourists, which may refer to the use of model contractual texts provided by national tourist authorities or by the provincial government tourist, business authorities. The travel agency must comply with the relevant legal, regulatory provisions for the formulation and use of the terms of the format. Article 23 establishes, performs, modifys, transfers and removes the provisions of the relevant laws, regulations, such as the People's Republic of China Contracts Act. Article 24 may be resolved by: (i) Consultations with travel agencies; (ii) Request for mediation by Consumer Association; (iii) Complaints to tourist authorities or the business administration sector; (iv) The arbitration body is brought to arbitration or to the People's Court. Article 25 Travel agencies should deal with the responsibility insurance of the travel agency, in accordance with the State's provisions, and comply with their obligations under the law to guarantee the physical, property security of tourists. Travel agencies operate special tourism projects that are dangerous, such as risk visits, streams, and should provide safety guidance to tourists and take necessary security measures. In the event of a safe tourist accident, the travel agencies and their personnel should report promptly to the local security production supervision, public safety, tourism authorities and assist in the safe accident processing; and the travel agency should report promptly to the Government of China's embassies and overseas tourist agencies. Article 26 The travel agency team's travel should be assigned to the guided tour; the organization of a team's exit tourism should also be deployed. In the course of the guided tour activities, the guided tour by the guided tours, the leaders' evidence should be assembled in order to adhere to professional ethics and operational norms and to arrange travel activities in strict compliance with the tourism contract. Article 27 prohibits: (i) The application of article 18 of the National Regulations providing for the use of unjustifiable means to undermine the legitimate rights and interests of other travel agencies; (ii) A small fee or private deduction to tourists; (iii) Deceiving, coercing tourist consumption or complicating with operators to deceive and coerce tourist consumption; (iv) The content of activities that violate or impair the physical and mental health in tourism activities; (v) Advertising false tourist advertisements or advertising over the scope of operation; (vi) Other acts that disrupt the tourist market order in violation of laws, regulations and regulations. Chapter IV Oversight inspection Article 28 of the Tourism Authority carries out daily supervision inspections by the Travel Service under the law and implements an annual inspection system. Travel agencies should receive oversight inspections by the tourist authorities and submit relevant documents, materials and information on their operations in accordance with the provisions. The inspection is carried out by the tourism authorities and must be in compliance with the law enforcement procedures established by law, regulations. Article 29 includes one of the following cases in the annual inspection, and a decision by the annual inspection authority to suspend the adoption of the annual inspection: (i) Upon payment of compensation by law, the quality assurance fund for tourism is not sufficient within the prescribed period; (ii) For reasons such as changes in business personnel, the qualifications of the operator is not in accordance with the conditions established when the approval is established; (iii) The period of correction that is being provided for by the offence; (iv) Non-compliance with the obligations set out in Articles 12 to 14 of the present approach, which are serious; (v) Other cases provided for by law, regulations. Tourism authorities should be responsible for the relocation of their deadlines to travel agencies with the provisions of subparagraphs (i), (ii) and (iv). Article 33 The tourism authorities should establish a system for sound tourist complaints, in accordance with the provisions of the National Regulations and the Provincial Regulations, to receive and address complaints from tourists in a timely manner. Article 31 establishes a system of expropriation and credit rating. The tourism authorities should establish a credit information search system that should be alerted and disclosed to society in a timely manner to poor credit incidents or acts. In one of the following cases, the travel agency is in fact surveyed by the tourist authorities and should be responsible for the compensation of the travel agent in accordance with the loss of the tourists; the travel agency is not compensated or unable to pay compensation, and the travel agency should be compensated for the tourists in accordance with the relevant national provisions: (i) The travel agency does not meet the quality standards of the services agreed upon by the contract because of its fault; (ii) The services of the Travel Service do not meet national or industrial standards; (iii) The loss of travel expenses incurred by tourists after their insolvency; (iv) Other cases provided for by law, regulations. The tourism authorities shall communicate the decision to the travel agency within 10 days of the date of the decision on the payment of the first payment for the use of the travel agency's quality assurance payments, and entrust the travel agency with the deadline for the replenishment of the quality assurance fund. In implementing the compensation of the tourists, the tourism authorities were wrong and should be responsible for liability. Article 33 provides for market credits and operating travel agencies that perform good performance and do not commit violations for a two-year consecutive year, with financial difficulties in their operations, and the tourism authorities may return 50 per cent of their payments to their quality assurance payments within the country, but the financial difficulties should be added to the return portion. Chapter V Legal responsibility Article 34 violates article 10, paragraph 4, article 12, paragraph 3, article 15, article 16, paragraph 1, 20, article 25, paragraph 1, and 2, article 26, paragraph 2 (ii) to (iv), article 28, paragraph 2, of this approach, and the provisions of article 28, paragraph 2, of the Regulations of the State, the regulations of the province and the Regulations of the State Department of State Touriners. Article 35, in violation of article 26, paragraph 1, of the present approach, provides that an act of responsibility by a tourist authority may be fined up to 5,000 dollars for the travel agency. Article XVI covers one of the following cases, which may be revoked by the issuing agency in accordance with the relevant provisions of the National Regulations and the provincial regulations: (i) There is no justification for refusing to supplement the quality assurance fund of the travel agency; (ii) The status of qualifications of the operator is less than the required conditions for the establishment of the approval period; (iii) No travel agency operations have been carried out within one year; (iv) Other cases provided for by law, regulations. Article 37 needs to be revoked by the issuing agency. The Travel Service was revoked by the Removal of the Business Licence of the Travel Service, and the tourism authorities that had taken a licence to deal with the decision should notify the business administration in a timely manner, and the business administration sector should revoke its business licence by law. In violation of the relevant provisions of the National Regulations, the provincial regulations and this approach, the Travel Service shall apply to the provisions of the laws, regulations and regulations, such as the registration of enterprises, anti-just competition, contracts, advertising, prices, quality standards, safe production control management, and are governed by the law by the executive branch, such as the business, price, quality technical supervision and safe production supervision. In violation of this approach by the tourism authorities, one of the following acts is committed and administratively disposed of by law by the competent and other persons directly responsible for them: (i) One of the conditions under article 44 of the National Regulations; (ii) In violation of the procedure for approval under article 10, paragraph 2, and article 14, paragraph 2, of the scheme; (iii) In violation of article 28, paragraph 3, article 33, article 31, article 31, article 33, the responsibility for monitoring, complaints processing is not fulfilled by law. Annex VI Article 40 |
