Regulations on the Management of Travel Agencies (Revised in 2001)

Regulations on the Management of Travel Agencies (Revised in 2001)

Regulations on the Management of Travel Agencies (Revised in 2001)

Order of State Council No.334

December 11, 2001

Chapter I General Provisions
 
Article 1 These Regulations are formulated for the purposes of strengthening the administration of travel agencies, protecting the lawful rights and interests of tourists and travel agencies, maintaining the order of tourism market and promoting the healthy development of tourism.
 
Article 2 These Regulations shall apply to travel agencies established within the territory of the People's Republic of China and resident offices established within the territory of the People's Republic of China by foreign travel agencies (hereinafter referred to as resident offices of foreign travel agencies).
 
Article 3 Travel agencies referred to in these Regulations mean the enterprises that engage in the tourism business with making profit as their aim.
Tourism business referred to in these Regulations means the business activities of providing such paid services as fulfillment of procedures in respect of exit, entry and visa on behalf of tourists, soliciting and receiving tourists or arranging board and lodging for them.
 
Article 4 The competent tourism administration department of the State Council shall be responsible for the supervision and administration of travel agencies throughout the country.
Departments for tourism administration under local people's governments at or above the county level shall, according to their duties, be responsible for the supervision and administration of travel agencies within their respective administrative areas.
Departments mentioned in Paragraphs 1 and 2 of this Article are collectively referred to as the tourism administration departments.
 
Article 5 Travel agencies shall be categorized into international travel agencies and domestic travel agencies according to their business scope. Where necessary, the special provisions of these Regulations, if any, shall apply thereto.
The business scope of international travel agencies shall include the inbound tourism business, outbound tourism business and domestic tourism business.
The business scope of domestic travel agencies shall be limited only to the domestic tourism business.

Chapter II Establishment of Travel Agencies
 
Article 6 To establish a travel agency, the following conditions shall be satisfied:
1. having the fixed business premises;
2. having necessary business facilities;
3. having trained business personnel who possess the qualification certificate issued by the tourism administration department of the people's government at or above the level of province, autonomous region or municipality directly under the Central Government; and
4. having the registered capital and the quality guaranty bond as specified in Articles 7 and 8 of these Regulations.
 
Article 7 The registered capital of travel agencies shall comply with the following requirements:
1. The registered capital of an international travel agency may not be less than CNY1.5 million; and
2. The registered capital of a domestic travel agency may not be less than CNY300,000.
 
Article 8 To apply to establish a travel agency, the quality guaranty bond shall be paid to the tourism administration department according to the following provisions:
1. The applicant for establishing an international travel agency shall pay CNY600,000 for the inbound tourism business or CNY1 million for the outbound tourism business; and
2. The applicant for establishing a domestic travel agency shall pay CNY100,000.
The quality guaranty bond and its interests accrued in the period of custody by the tourism administration department shall belong to the travel agency; the tourism administration department may, according to the relevant provisions of the State, deduct the custody fee at a certain rate from the interest.
 
Article 9 To apply to establish an international travel agency, the application shall be submitted to the department for tourism administration of the people's government of the province, autonomous region or municipality directly under the Central Government where it is to be situated; after the examination and consent by the department for tourism administration of the people's government of the province, autonomous region or municipality directly under the Central Government, that application shall be submitted to the competent tourism administration department of the State Council for examination and approval.
To apply to establish a domestic travel agency, the application shall be submitted for approval to the department for tourism administration of the people's government of the province, autonomous region or municipality directly under the Central Government where it is to be situated.
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