Regulations on Travel Agencies
2018-03-17 1301
Regulations
on Travel Agencies (Revised in 2017)
Order of the State Council of the People's Republic of China No.676
March 1, 2017
(Promulgated by the Order of the State Council of the People's Republic of
China No.550 on February 20, 2009; revised for the first time in accordance
with the Decision of the State Council on Revising Certain Administrative
Regulations on February 6, 2016; and revised for the second time according to
the Decision of the State Council on Revising and Repealing Certain
Administrative Regulations on March 1, 2017)
Chapter I General Provisions
Article 1 These Regulations are hereby promulgated to strengthen management of
travel agencies, guarantee the legitimate rights and interests of tourists and
travel agencies, maintain the order of the tourist market, and promote the
healthy development of the tourist industry.
Article 2 These Regulations are applicable to the establishment and business of
the travel agencies within the territory of the People's Republic of China.
The travel agencies as mentioned in these Regulations refer to the operation
activities entities engaged in domestic tourist business, inbound tourist
business, or outbound tourist business, including soliciting for, organizing
and receiving tourists and providing other tourist services to the tourists.
Article 3 The tourism competent authorities under the State Council shall take
charge of the supervision and management of all travel agencies across the
whole country.
The tourism administration departments under the people's governments at the
county level or above shall be in charge of the supervision and management of
travel agencies within their respective jurisdictions in accordance with their
limits of power.
The departments of industry and commerce, price, business, foreign currency,
etc. under the people's governments at the county level or above shall, in
accordance with their limits of power, carry out supervision and management on
the travel agencies in accordance with the law.
Article 4 While carrying out operation activities, the travel agencies shall
observe the principles of voluntariness, equity, fairness, honesty, and
creditability to improve service quality and safeguard the legitimate rights
and interests of the tourists.
Article 5 The travel agencies industrial associations shall, in accordance with
their regulations, provide the travel agencies with services, play a
coordinating and self-discipline role, and guide the travel agencies to operate
legally, fairly, and honestly.
Chapter II Establishment of Travel Agencies
Article 6 To apply for engaging in domestic tourist business and inbound
tourist business, the applicant shall have corporate capacity, with a
registered capital of not less than CNY 300,000.
Article 7 To apply for engaging in domestic tourist business and inbound
tourist business, the applicant shall file an application with the competent
tourism administration in the province, autonomous region or municipality
directly under central government where it is domiciled or the competent
tourism administration in the city divided into districts which has been
entrusted and submit related documents as prescribed in Article 6 herein. And
the competent tourism administration accepting the application shall make a
decision whether or not to grant approval within 20 working days upon receiving
the application. The administration shall grant the travel agency business
license to the applicant if the application is approved, otherwise it shall
notify the applicant of reasons in writing.
Article 8 The travel agencies which have obtained the business license for over
2 years and have not been fined or punished by other more severe means by
administrative organs due to infringement of the legitimate rights and
interests of any tourist, may apply for outbound tourist business.
Article 9 Where a travel agency desires to engage in outbound tourist business,
it shall apply to the competent tourist authorities under the State Council or
the local tourism administration department at the province, autonomous region
or municipality directly under the Central Government entrusted by the
competent tourist authorities. The tourism administration department receiving
application shall, within 20 working days upon receipt thereof, make decision
of granting or not granting permission. Where permission is granted, the
tourism administration department shall reissue a new license for business
operations of travel agencies to the applicant. Where permission is not
granted, the tourism administration department shall notify the applicant in
written form and specify the reasons.
Article 10 Where a travel agency desires to establish branch(es) it shall
register at the administrative department for industry and commerce at the
place(s) where the branch(es) are located, and shall report to the local
tourism administration department at the place(s) where the branch(es) are
located for archival purpose within three working days since the date of
registration.
The establishment of branch(es) of a travel agency is free of geographical
restrictions. The business scope of a branch of a travel agency shall not
exceed that of the travel agency.
Article 11 The travel agencies establishing service networks specialized in
soliciting tourists and providing tourist consultations (hereinafter referred
to as service networks of travel agencies) shall, in accordance with the law,
go through registration procedures for establishment at the administrative
department for industry and commerce and report to the local tourism
administration department for archival purpose.
The service networks of travel agencies shall accept the unified management of
travel agencies and shall not engage in activities other than soliciting and
consultation.
Article 12 A travel agency altering its name, business venue or legal
representative or closing their businesses shall go through alteration
procedures or cancellation registration at the administrative department for
industry and commerce, and report to the tourism administration department that
has previously granted permission within 10 working days as of the date when
registrations are completed, to change or return the license for business
operations of travel agencies.
Article 13 The travel agencies shall, within 3 working days since acquisition
of the travel agency business licenses, open a special account of quality bond
at the bank designated by the competent tourist authorities under the State
Council, save the quality bond, or provide the tourism administration
department granting permission with legally-acquired bank guarantee whose
amounts are not lower than corresponding quality bond.
The travel agencies engaged in domestic tourist businesses and inbound tourism
businesses shall save CNY200,000 of quality bond and the travel agencies
engaged in outbound tourism businesses shall save CNY1,200,000 of quality bond
in addition to the said CNY200,000.
The interests of the quality bond shall belong to the travel agencies.
Article 14 A travel agency shall save another CNY50,000 into the account of
quality bond for establishment of each branch engaged in domestic tourist
business and inbound tourist business, and shall save another CNY300,000 into
the account of quality bond for establishment of each branch engaged in
outbound tourist business.
Article 15 Under any of the following cases, the tourism administration
department can use the quality bond of the travel agencies:
1 The travel agencies, in violation of the tourism contracts, infringe the
legitimate rights and interests of tourists, which are verified by the tourism
administration department; or
2 The travel agencies cause losses of the advance tourism payments of the
tourists due to dissolution, bankruptcy or any other reason.
Article 16 Where the judgments and verdicts of the People's Court or other
valid legal instruments show that the travel agencies have damaged the
legitimate rights and interests of tourists, and the travel agencies refuse to
or are unable to compensate, the people's court may deduct compensations from
the travel agencies' accounts of quality bond.
Article 17 Where a travel agency is not fined or punished by other more severe
means by the administrative organs due to infringement of the legitimate rights
and interests of tourists within three years since payment or complementarity
of quality bond, the tourism administration department shall reduce the quality
bond of the travel agency by 50% and make announcement. The travel agency can
reduce its quality bond by the evidential documents issued by the tourism
administration department of the province, autonomous region or municipality
directly under the Central Government.
Article 18 After the tourism administration department uses the quality
assurance funds of a travel agency to compensate the losses of tourists or
reduces its quality assurance funds, if the travel agency is fined or punished
by other more severe means by the administrative organs due to infringement of
the legitimate rights and interests of tourists, the travel agency shall,
within 5 working days upon receipt of the notice for complementing the quality
bond issued by the tourism administration department, complement the quality
bond.
Article 19 Where a travel agency is no longer engaged in the tourist business,
it may recover the quality bond from the bank with the credence issued by the
tourism administration department.
Article 20 The specific management measures for payment and application of the
quality bond shall be otherwise formulated by the competent tourist authorities
under the State Council and the financial departments under the State Council,
jointly with other competent departments.
Chapter III Foreign Investment Travel Agencies
Article 21 The provisions of this Chapter shall be applicable to the foreign
Investment travel agencies; where there are no provisions in this Chapter,
other provisions of these Regulations shall be applicable.
The foreign investment travel agencies referred to in the preceding paragraph
shall include sino-foreign equity travel agencies, sino-foreign cooperative
travel agencies, and solely foreign investment travel agencies.
Article 22 To apply for engaging in the travel agency businesses, a
foreign-invested travel agency shall file an application with the competent
tourism administration in the province, autonomous region or municipality
directly under central government where it is domiciled and submit related
documents as prescribed in Article 6 herein. The competent tourism
administration shall finish examination and review within 30 working days upon
accepting the application, and grant the travel agency business license to the
applicant if the application is approved, otherwise it shall notify the
applicant of the rejection and explain reasons in writing.
"The establishment of a foreign-invested travel agency shall also be in
compliance with the laws and regulations on foreign investment.
Article 23 The foreign investment travel agencies shall not engage in outbound
tourist businesses of Chinese mainland residents, or engage in tourist business
of them to Hong Kong Special Administrative Region, Macao Special
Administrative Region or Taiwan, except as otherwise specified by the decisions
of the State Council, the free trade agreements entered into by China, or
arrangements on establishing closer economic and trade relations between the
Mainland as well as Hong Kong and Macao.
Chapter IV Operation of Travel Agencies
Article 24 The travel agencies must provide tourists with truthful and reliable
tourist service information, and shall not make false propaganda.
Article 25 The travel agencies engaged in outbound tourist business shall not
organize tourists to travel in the countries and places not included in the
outbound tourist destinations announced by the competent tourist authorities of
the State Council for Chinese citizens.
Article 26 The travel agencies shall not arrange or introduce tourist
activities containing contents violating the laws and regulations.
Article 27 The travel agencies shall not solicit tourists with quotations lower
than tourist costs. Without the consent of tourists, the travel agencies shall
not provide any other paid services excluded in the tourist contracts.
Article 28 Where a travel agency provided services for tourists, it shall enter
into tourism contracts with tourists and specify the following matters in the
contract:
1 Name, business scope, address, telephone number, and serial number of its license
for business operation of travel agency;
2 Name and telephone number of the person in charge of the travel agency;
3 Place and date of signing the contract;
4 The place of departure, passing places, and destination of the traveling
routes;
5 The arrangement of transportation, accommodation, catering services during
the travel and standards thereof;
6 The specific contents and time for the visiting items arranged by the travel
agency in a unified manner;
7 Time and frequency of leeway;
8 Tourist payments to be paid by the tourists and ways to pay;
9 Times and stop-over time of shopping arranged by travel agency, as well as
the name of the shopping place;
10 Visiting items to be otherwise paid by tourists and prices thereof;
11 Conditions for dissolving or changing the contract as well as time limit for
advance notice;
12 Dispute resolution mechanism and responsibilities to be undertaken for
breach of contract;
13 Telephone numbers for travel services supervision and complaint; and
14 Other contents unanimously agreed upon by both parties.
Article 29 While entering into tourism contacts with tourists, the travel
agencies shall give true, accurate, and complete instructions to the specific
contents of the contracts.
In case of indefinite agreement in the tourism contract entered into by the
travel agencies and tourists or disputes in understanding of the standard
clauses, general understanding shall be followed for interpretations thereof.
Where there are over two kinds of interpretations for the standard clauses, the
interpretation in favor of the tourists shall prevail. Where the standard
clauses and non-standard clauses are inconsistent, the non-standard clauses
shall prevail.
Article 30 The travel agencies organizing outbound tourists for Chinese mainland
residents shall arrange tour leaders to accompany the tourist team.
Article 31 The tour guides appointed by the travel agencies for reception of
tourists shall hold the tourist certificates as prescribed by the State.
If a travel agency licensed for outbound tourism business appoints tour leaders
for the organization of outbound tourists, it shall obtain the tourist
certificates, and shall have corresponding academic qualifications, language
skills, and tourism industry experience, and shall enter into an employment
contract with the travel agency appointing it to lead the tour. The travel
agency shall report the list of the tour leaders thereof to the local tourism
administration department in the city with districts for record filing.
Article 32 Travel agencies employing tour guides and tour leaders shall enter
into labor contracts in accordance with the law, and pay remunerations not
lower than the local minimum wage standard to them.
Article 33 The travel agencies, as well as the tour guides and tour leaders
appointed thereby, shall not have any of the following actions:
1 Refusing to fulfill the obligations as agreed in the tourism contracts;
2 Changing the travel routes as arranged in the tourist contracts for reasons
other than force majeure; or
3 Deceiving and forcing tourists to do some shopping or take part in the
visiting items to be otherwise paid.
Article 34 The travel agencies shall not request tour guides or tour leaders to
receive tourists teams not paying reception or service fees or paying fees
lower than the reception or service costs, and shall not request the tour guide
or tour leaders to undertake the relevant fees for receiving tourist teams.
Article 35 The travel agencies, in violation of the tourism contracts, causing
damages to the legitimate rights and interests of tourists, shall take the
necessary remedial measures and timely report the cases to the tourism
administration department.
Article 36 The travel agencies in need of making commissions for the tourist
businesses, shall entrust the businesses to the travel agencies with
corresponding qualifications, obtain consent of the tourists, and enter into
commission contracts with the travel agencies accepting commission on reception
of the tourists, to clarify the service arrangement and standards for reception
of tourists and the rights and obligations of both parties.
Article 37 The travel agencies entrusting tourist business to other travel
agencies shall pay expenses not lower than the reception and service costs. The
travel agencies accepting commission shall not receive tourist teams not paying
or not fully paying the reception and service expenses.
Where the travel agency accepting the commission breaches of contract and
causes damage to the legitimate rights and interests of the tourists, the
travel agencies making such commission shall undertake corresponding
liabilities for compensation. The travel agencies making such commission, after
making compensation, may claim for compensation from the travel agencies
accepting such commission.
The travel agencies accepting such commission damaging the legitimate interests
and rights of the tourists deliberately or due to gross negligence, shall be
jointly and severally liable.
Article 38 The travel agencies shall cover liability insurance of travel
agencies. The specific plan for liability insurance for travel agencies shall
be otherwise formulated by the competent tourist authorities under the State
Council, jointly with the insurance regulatory department under the State
Council.
Article 39 The travel agencies shall give real instructions and clear warnings
to the tourists for matters that may endanger personnel safety and property
safety of tourists, and adopt necessary measures to prevent harm.
In case of situation endangering personnel safety of tourists, the travel
agencies as well as the tour guides and tour leaders appointed thereby shall
adopt necessary disposal measures and report to the tourism administration
department in a timely manner. Where such situation happens outside the
territory of China, they shall promptly report to the embassy of the People's
Republic of China in that county, relevant institution functioning abroad, and
the local police.
Article 40 Where tourists stay outside the territory of China and do not
return, the tour leaders appointed by the travel agencies shall report to the
embassy of the People's Republic of China in that county and relevant
institution functioning abroad in a timely manner. The travel agencies
receiving the report shall, in a timely manner, report the cases to the tourism
administration department and public security organs, and assist in providing
information of the illegal aliens.
The travel agencies finding illegal detaining within the territory of China
when receiving inbound tourist business shall promptly report the cases to the
tourism administration department, the public security organs and the foreign
affairs, and shall assist in providing information of the illegal aliens.
Chapter V Supervision and Inspection
Article 41 The departments of tourism, industry and commerce, price, business,
and foreign exchange, etc. shall strengthen supervision and administration
towards travel agencies, and dispose of illegal cases (if any) in a timely
manner.
Article 42 The departments of tourism, industry and commerce, and price shall
timely announce the results of the supervision and inspections. The contents of
announcement shall include the issuance, alteration, revocation and
cancellation of the License for Business Operation of Travel Agencies, the
illegal behaviors of travel agency, its good faith records, complaints of
tourists, etc.
Article 43 Where a travel agency impairs the legitimate rights and interests of
tourists, tourists may lodge a complaint to the tourism administration
department, the administrative department for industry and commerce, the
competent price department, the competent commerce authorities, or the
competent foreign exchange department. The department accepting the complaint
shall, in a timely manner, investigate and dispose of cases in accordance with
their jurisdictions, and notify tourists of the relevant information on
investigation and disposal.
Article 44 The travel agency and its branch agencies shall subject to the
supervision and inspection by the tourism administration departments over their
business operations in such aspects as tourism contracts, service quality,
tourist security and financial accounts, etc. and submit statistical
information on operation and financial information to tourism administration
departments in accordance with the relevant regulations of the state.
Article 45 Personnel of the departments of tourism, industry and commerce,
price, business, and foreign currency, etc. shall not accept any gift from
travel agencies, participate in shopping activities or tourist activities which
are paid by travel agencies, nor seek personal interests for themselves, their
relatives or other individuals or organizations through travel agencies.
Chapter VI Legal Liabilities
Article 46 If anyone violates the provisions of these Regulations in any of the
following circumstances, the tourism administration department or the
administrative department for industry and commerce shall order him/her to
rectify, confiscate his/her illegal gains and concurrently impose a fine of not
less than 1 time, but not more than 5 times of the illegal gains where the
illegal gains are more than CNY100,000; or concurrently impose a fine of not
less than CNY100,000, but not more than CNY500,000 where the illegal gains are
less than CNY100,000 or there is no illegal gains:
1. Where it engages in domestic tourist business, inbound tourist business, or
outbound tourist business without obtaining the License for Business Operation
of Travel Agencies;
2. In the event the branch operates tourist businesses beyond the business
scope of the travel agency which has set up the branch; or
3. In the event the service outlets of a travel agency engage in business
activities other than business soliciting and consultation.
Article 47 Where a travel agency transfers, leases or lends the License for
Business Operation of Travel Agencies, the tourism administration department
shall order it to suspend business for internal rectification, and confiscate
its illegal gains; where the case is serious, the department shall revoke its
License for Business Operation of Travel Agencies. Where it transfers or leases
the License for Business Operation, the tourism administration department shall
order it to suspend illegal operation, confiscate illegal gains and
concurrently impose a fine of not less than CNY100,000, but not more than
CNY500,000.
Article 48 Where a travel agency, in violation of the provisions of these
Regulations, fails to deposit, add, or supplement quality bond to the account
of quality bond or provide bank guarantee within a prescribed time limit, the
tourism administration department shall order it to rectify; in case the travel
agency resists rectification, its License for Business Operation of Travel
Agencies shall be revoked.
Article 49 Where the travel agency, in violation of the provisions of these
Regulations, fails to cover liability insurance of travel agency, the tourism
administration department shall order it to rectify; in case the travel agency
resists rectification, its License for Business Operation of Travel Agencies
shall be revoked.
Article 50 If a travel agency violates the provisions of these Regulations in
any of the following circumstances, the tourism administration department shall
order it to rectify; in case it resists rectification, a fine of not more than
CNY10,000 shall be imposed:
1. Where it fails to report to the tourism administration department which
issued the original license for the record, change or return the License for
Business Operation of Travel agencies within the prescribed time limit when it
changes the registered items of name, place of business, legal representatives,
etc. or stop operation;
2. Where it fails to report to the tourism administration department governing
the place where the branch is located within a prescribed time limit when it
establishes a branch; or
3. It fails to submit statistical information on operation and financial
information to the tourism administration department in accordance with
relevant provisions of the state.
Article 51 Where a foreign investment travel agency, in violation of the
provisions of these Regulations, engages in outbound tourist business that
Chinese mainland residents travel in the Hong Kong Special Administrative
Region, Macao Special Administrative Region and Taiwan area, or a travel agency
engaging in outbound tourist business organizes for tourists to travel in
countries and districts other than the outbound travel destinations for Chinese
citizens promulgated by the tourism administration department of the State
Council, the tourism administration department shall order it to rectify,
confiscate its illegal gains, and concurrently impose a fine of not less than 1
time, but not more than 5 times of the illegal gains where the illegal gains is
more than CNY100,000; or concurrently impose a fine of not less than
CNY100,000, but not more than CNY500,000 where the illegal gains is less than
CNY100,000 or there is no illegal gains; where the case is serious, its License
for Business Operation of Travel Agencies shall be revoked.
Article 52 Where a travel agency, in violation of the provisions of these
Regulations, organizes or introduces activities for tourists which contain
contents violating the provisions of relevant laws and regulations, the tourism
administration department shall order it to rectify, confiscate its illegal
gains and concurrently impose a fine of not less than CNY20,000, but not more
than CNY100,000; where the case is serious, its License for Business Operation
of Travel Agencies shall be revoked.
Article 53 Where a travel agency, in violation of the provisions of these
Regulations, provides tourists with tourist service information containing
false contents, or conducts false publicity, the administrative department for
industry and commerce shall impose punishments pursuant to law.
Where a travel agency, in violation of the provisions of these Regulations,
solicits for tourists on the basis of quotes lower than travel costs, the
competent price department shall impose punishments pursuant to law.
Article 54 Where a travel agency, in violation of the provisions of these
Regulations, offers other paid service that are not stipulated in the tourism
contracts without the approval of tourists, the tourism administration
department shall order it to rectify and impose a fine of not less than
CNY10,000, but not more than CNY50,000.
Article 55 Where a travel agency violates the provisions of these Regulations
in any of the following circumstances, the tourism administration department
shall order it to rectify and impose a fine of not less than CNY20,000, but not
more than CNY100,000; where the case is serious, it shall be ordered to suspend
business for internal rectification for a period of 1 month to 3 months:
1. It fails to conclude tourism contracts with tourists;
2. Issues prescribed in Article 28 of these Regulations are not included in the
tourism contracts concluded with tourists;
3. It entrusts tourist business to other travel agencies without the approval
of tourists;
4. It entrusts tourist business to travel agencies without the relevant
qualifications; or
5. It fails to conclude entrustment contracts with the entrusted travel
agencies on the issues concerning the reception of tourists.
Article 56 Where a travel agency, in violation of the provisions of these
Regulations, organizes outbound travel for Chinese mainland citizens without
appointing a tour leader to accompany the tourist team in the whole trip, the
tourism administration department shall order it to rectify and impose a fine
of not less than CNY10,000, but not more than CNY50,000; in case the travel
agency resists rectification, it shall be ordered to suspend business for
internal rectification for a period of 1 month to 3 months.
Article 57 Where a travel agency, in violation of the provisions of the
Regulations, appoints tour guides without holding the tourist certificates or
tour leaders without obtaining a tour leader certificate as required, the
tourism administration department shall order it to effect rectification and
impose a fine of not less than CNY20,000, but not more than CNY100,000.
Article 58 Where a travel agency, in violation of the provisions of these
Regulations, fails to pay remuneration to the employed tour guides and tour
leaders, or the paid remuneration is lower than the minimum local wage, it
shall be disposed of in accordance with the relevant provisions of the Labor
Contract Law of the People's Republic of China.
Article 59 Where a travel agency, tour guide or tour leader violates the
provisions of these Regulations in any of the following circumstances, the
tourism administration department or the administrative department for industry
and commerce shall order the travel agency to rectify and impose a fine of not
less than CNY100,000, but not more than CNY500,000; the tourism administration
department shall order the tour guide or tour leader to rectify and impose a
fine of not less than CNY10,000, but not more than CNY50,000; where the case is
serious, its License for Business Operation of Travel Agencies, Tour Guide
Certificate shall be revoked:
1. Where it resists to fulfill the obligations stipulated in tourism contracts;
2. Where it changes the arrangement of journey included in tourism contracts
not due to force majeure; or
3. Where it cheats or threats tourists to buy goods or take part in tourist
activities demanding additional payment.
Article 60 Where a travel agency, in violation of the provisions of these
Regulations, asks tour guides and tour leaders to receive tourist teams which
do not pay reception and service expenses, or the expenses paid are lower than
the reception and service costs, or asks tour guides and tour leaders to assume
the relevant expenses for receiving tourist teams, the tourism administration
department shall order it to rectify and impose a fine of not less than
CNY20,000, but not more than CNY100,000.
Article 61 Where a travel agency violates the stipulations of tourism
contracts, impairs the legitimate rights and interests of tourists and does not
take necessary remedies, the tourism administration department or the
administrative department for industry and commerce shall order it to rectify
and impose a fine of not less than CNY10,000, but not more than CNY50,000;
where the case is serious, the tourism administration department shall revoke
its License for Business Operation of Travel Agencies.
Article 62 Where a travel agency violates the provisions of these Regulations
in any of the following circumstances, the tourism administration department
shall order it to rectify and suspend business for internal rectification for a
period of 1 month to 3 months; where the case is serious, its License for
Business Operation of Travel Agencies shall be revoked:
1. Where the travel agency fails to pay reception and service expenses to
entrusted travel agencies;
2. Where the expenses paid by the travel agency to entrusted travel agencies
are lower than the reception and service costs; or
3. Where entrusted travel agencies receive tourist teams who fail to pay all or
part of reception and service expenses.
Article 63 Where a travel agency or any of its appointed tour guides or tour
leaders violates the provisions of these Regulations in any of the following
circumstances, the tourism administration department shall order them to
rectify, impose a fine of not less than CNY20,000, but not more than CNY100,000
to the travel agency; and impose a fine of not less than CNY4,000, but not more
than CNY20,000 to the tour guide or tour leader; where the case is serious, the
travel agency shall be ordered to suspend business for internal rectification
for a period of 1 month to 3 months, or its License for Business Operation of
Travel Agencies, his/her Tour Guide Certificate shall be revoked:
1. Where it fails to take necessary measures and report in a timely manner when
there is any circumstance that endangers the safety of tourists;
2. Where the travel agency fails to report cases and provide support in
offering information on illegal stayers in a timely manner when any tourist in
outbound travel organized by the travel agency illegally stays out of the
territory; or
3. Where the travel agency fails to report cases and provide support in
offering information on illegal stayers in a timely manner when any tourist in
inbound travel received by travel agency illegally stays within the territory.
Article 64 The travel agencies subject to criminal punishments due to
obstructing of administration in national (territorial) boundaries shall not
engage in business operation activities of travel agencies within five years
after the completion of punishments; where the License for Business Operation
of Travel Agencies of a travel agency is revoked, its chief leaders shall not
assume the position as a chief leader of any travel agency within five years as
of the date when the License for Business Operation of Travel Agencies is
revoked.
Article 65 Where a travel agency, in violation of the provisions of these
Regulations, impairs the legitimate rights and interests of tourists, it shall
assume relevant civil liabilities; where a crime is constituted, its criminal
liabilities shall be investigated pursuant to law.
Article 66 Where any of the tourism administration departments or other
relevant departments and their personnel violates the provisions of these
Regulations in any of the following circumstances, the directly responsible
person and other directly responsible persons shall be punished pursuant to
law:
1. Where they fail to dispose of illegal behaviors in a timely manner;
2. Where they fail to make announcement to disclose the information on the
supervision and inspection of travel agencies to the public in a timely manner;
3. Where they fail to dispose of complaints of tourists and notify the relevant
information on the investigation and disposal to tourists in a timely manner;
4. Where they accept the gifts of travel agencies;
5. Where they take part in shopping activities or tour activities paid by
travel agencies; or
6. Where they seek personal benefits for themselves, their relatives or other
individuals and organizations through travel agencies.
Chapter VII Supplementary Provisions
Article 67 These Regulations shall apply to travel agencies established in the
mainland by investors from the Hong Kong Special Administration Region, Macao
Special Administrative Region and Taiwan area.
Article 68 These Regulations shall come into force as of May 1, 2009. The
Regulations on the Administration of Travel Agencies promulgated by the State
Council on October 15, 1996 shall be abolished at the same time.