Measures for the Administration of the Overseas Tours of Chinese Citizens

• Area of Law： Tourism
• Level of Authority： Administrative Regulations
• Date issued：03-01-2017
• Effective Date：03-01-2017
• Status： Effective
• Issuing Authority： State Council

Measures for the Administration of the Overseas Tours of Chinese Citizens
(Promulagted by No. 354 Order of the State Council on May 27, 2002; and amended in accordance with the Decision of the State Council to Amend and Repeal Certain Administrative Regulations on March 1, 2017)
Article 1 The present Measures have beenformulated for the purpose of regulating the tours of the Chinese citizensgoing abroad organized by tour agencies and safeguarding the lawful rights andinterests of those people touring abroad and the business operators of overseastour managers.
Article 2 The destination countries of theoverseas tour shall be subject to the suggestion of the administrativedepartment of the State Council in charge of tourism and other relevantdepartments of the State Council, which shall be make public by theadministrative department of the State Council in charge of tourism upon theapproval of the State Council.
No entity or individual may organizeChinese citizens to tour in any of the countries other than the destinationcountries as make public by the administrative department of the State Councilin charge of tourism. It shall be subject to the approval of the administrativedepartment of the State Council in charge of tourism to organize Chinesecitizens to engage in temporary tours including sports and cultural activitiesin any of the countries other than the destination countries made public by theadministrative department of the State Council in charge of tourism.
Article 3 A tour agency that is engaged inthe overseas tour business shall meet the following conditions:
1. It is up to one year after obtaining thequalifications of an international tour agency;
2. It has made outstanding achievements inmanaging the entry tour business;
3. It has no record of serious illegalactivities or service quality problems during the period of business operation.
Article 4 A tour agency applying forengaging in the overseas tour business shall file the application to theadministrative department of tourism of the competent province, autonomousregion or municipality directly under the Central Government in charge oftourism. The administrative department of the province, autonomous region ormunicipality directly under the Central Government in charge of tourism shall,within 30 working days after receiving the application, complete theexamination over the application according to Article 3 of the present Measuresconcerning its conditions. If it consents to the application, it shall submitit to the administrative department of the State Council in charge of tourismfor approval; if it does not consent, it shall inform the applicant in writtenform and state the reasons.
The approval granted by the administrativedepartment of the State Council in charge of tourism to the tour agencies toengage in overseas tour business shall conform to the development planning ofthe tourist industry as well as the requirement of reasonable distribution.
No entity or individual that obtains thequalifications for engaging in the overseas tour business without the approvalof the administrative department of the State Council in charge of tourism maybe unlawfully engaged in the overseas tour business or in disguised formsincluding for business, inspection, training, etc.
Article 5 The administrative department ofthe State Council in charge of tourism shall make public the tour agencies thathave been granted the qualifications to engage in the overseas tour business(hereinafter referred to as organizing tour agencies) and inform other relevantdepartments of the State Council.
Article 6 The administrative department ofthe State Council in charge of tourism determines, before the end of eachFebruary, the total number of tourists going abroad for the year according tothe national performance of entry tours of the previous year, the increase ofdestinations for overseas tours and the trend of development of overseas tour,and distribute the number to the administrative department of the provinces,autonomous regions and municipalities directly under the Central Government incharge of tourism.
The administrative department of theprovinces, autonomous regions and municipalities directly under the CentralGovernment in charge of tourism shall report, before the end of each March, theplanned number of overseas tourists organized by the organizing tour agenciesfor the year according to the entry tour performances, business capacity, andservice quality of the organizing tour agencies within their respectivejurisdictions, and on the basis of the principles of fairness, justice andopenness.
The administrative department of the StateCouncil in charge of tourism supervises the overseas tours of the citizensorganized by the organizing tour agencies according to the planned number ofoverseas tourists of the organizing tour agencies ratified by theadministrative department of the provinces, autonomous regions andmunicipalities directly under the Central Government in charge of tourism forthe year.
Article 7 The administrative department ofthe State Council in charge of tourism uniformly prints the List for OrganizingOversea Tours of Chinese Citizens (hereafter “the Tour List”), give a serialnumber to each organizing tour agency when determining the number of overseastourists for the year and distribute it to the administrative department of theprovinces, autonomous regions and municipalities directly under the CentralGovernment in charge tourism so that they further distribute it to theorganizing tour agencies.
The organizing tour agencies shall organizetourist groups to go abroad according to the ratified number of overseastourists, and fill in a Tour List. Any tourist and the group leader who goesabroad for the first time or further times shall be included in the Tour List,and no extra tourists may be added to the List without approval.
Article 8 The Tour List shall be in foursheets: one for the special exit and frontier defense inspection, another forthe special entry and frontier defense inspection, still another for theexamination of relevant administrative department in charge of tourism and thelast one for the own use of the tour agency.
The organizing tour agencies shall submitthe Tour List to relevant departments for inspection and archivist filesaccording to relevant provisions after the tourist group goes out of or comesinto China.
The exchange of foreign currency shall bedone by the tourists themselves according to the relevant provisions of thestate.
Article 9 A tourist who holds a validordinary passport may go through the procedures of overseas tours at theorganizing tour agency. If the tourist does not have a valid ordinary passport,he shall apply for a passport according to the Measures of the People's Republic of China on the Administration of Entry and Exit of Citizens before hegoes through the procedures for touring abroad.
The organizing tour agencies shall obtainvisas for the tourists for going to the countries of destination.
Article 10 A full group leader shall bearranged by the organizing tour agency for the tourist groups.
A tour leader shall lead a tourist group inaccordance with these Measures and the relevant provisions issued by thetourism administrative department of the State Council.
Article 11 The tourist groups shall leavethe country with all members at the open ports of the country.
When leaving or entering the country, atourist group shall accept the inspection of the frontier inspection stationsconcerning the passports, visas and the Tour List. A tourist group may, uponthe approval of relevant departments of the State Council, apply for visas orexempting from visas at the destination country according to the relevantprovisions of the destination country.
If the tourist group has decided to enterthe country in sub-groups before leaving the country, the organizing touragency concerned shall report in advance to the General Station for Exit andEntry and Frontier Inspection or the provincial department in charge of publicsecurity and frontier defense for archivist purposes.
If it is necessary for a tourist group toenter China after leaving China due to force majeure or other special reasons,the group leader shall inform the organizing tour agency in time, and theorganizing tour agency shall immediately inform the General State for Exit andEntry and Frontier Inspection or the provincial department in charge of publicsecurity and frontier defense for archivist purposes.
Article 12 The organizing tour agenciesshall safeguard the lawful rights and interests of the tourists.
The information provided by the organizingtour agencies concerning the overseas tours shall be truthful and authentic.They may not make false advertisements, and their quotations may not be lowerthan their costs.
Article 13 To accept the business oftouring abroad, the organizing tour agency concerned shall enter into writtentourist contracts with the tourists.
A tourist contract shall include suchcontent as the time of starting and ending the overseas tour, itinerary,prices, boarding and accommodation, traffic, and liabilities for breach ofcontract, etc. A copy of the tourist contract shall be kept by the organizingtour agency and the tourists.
Article 14 The organizing tour agenciesshall provide services to the tourists according to the conditions asstipulated in the tourist contracts.
The organizing tour agencies shallguarantee that the services provided thereby are in conformity with therequirements for safeguarding the personal and property safety of the tourists.They shall inform the tourists truthfully and warn them explicitly of anycircumstance that may endanger the personal safety of the tourists, and shalltake effective measures for avoiding harms.
Article 15 To organize overseas tours, theorganizing tour agencies shall select those tour agencies with good creditstanding and lawfully established in the destination country (hereafter“foreign tour agencies”) and enter into written contracts with them beforeentrusting them with the reception services.
Article 16 The organizing tour agency andthe group leader of the tourist groups thereof shall demand the foreign touragencies to make tourist arrangements according to the stipulated activities ofthe tourist groups, and demand them to keep away from arranging the tourists totake part in any activity involving sex, gambling, or drug or any dangerousactivities, not to change without authorization the itineraries, reduce anytourist items, or force explicitly or in a disguised form any of the tourists totake part in any extra paid items.
Any foreign tour agency that violates anyof the requirements made by the group leader of the tourist groups as mentionedabove shall be stopped by the organizing tour agency and the group leaderthereof.
Article 17 The group leaders of the touristgroups shall introduce the relevant laws, folk customs and other points ofattention of the destination country, and shall respect the personal dignity,religious belief and social customs of the ethnic groups and the customs oflife of the tourists.
Article 18 The group leaders of the touristgroups shall, when leading the tours and sightseeing of the tourists, informtruthfully and warn explicitly the tourists of any circumstance that mayendanger the personal safety of the tourists, and shall take effective measuresas demanded by the organizing tour agencies to prevent any harm from happening.
Article 19 When any tourist groupencounters any special difficulty or safety problems in a foreign land, thegroup leaders shall inform the organizing tour agencies and the Chineseembassies or consulates to these countries in good time. The organizing touragencies shall inform the administrative department in charge of tourism andthe public security organs in good time.
Article 20 No group leader of the touristgroups may collude with any foreign tour agency, tourist guide or otherbusiness operator that provides any commodity or other services to tourists incheating or coercing the tourists into consumption, or solicit any kickback,commission or property from any foreign tour agency, tourist guide or otherbusiness operator that provide commodities or services to the tourists.
Article 21 The tourists shall abide by thelaws of the destination countries, respect the folk customs of the local placesand obey the uniform administration of the group leaders of the tourist groups.
Article 22 It shall be forbidden for anytourist to stay abroad without coming back.
In case any tourist refuses to come back,the group leader of the tourist group concerned shall inform the organizingtour agency and the Chinese embassy or consulate to the country concerned ingood time, and the organizing tour agency shall inform the public securityorgan and the administrative department in charge of tourism in good time. Theorganizing tour agencies shall be obliged to provide assistance in the relevantdepartments' handling of relevant matters.
Article 23 Any tourist shall be entitled tocomplain to the administrative department of any act of the organizing touragency or the group leader that violates any of the provisions of the presentMeasures.
Article 24 In case any organizing touragency or any foreign tour agency entrusted thereby breaches the contract sothat the lawful rights and interests of the tourists are damaged, theorganizing tour agency shall be responsible for compensating the touristsaccording to law.
Article 25 In any of the followingcircumstances, the administrative department in charge of tourism may suspendthe business of organizing overseas tours of the organizing tour agencies. Ifthe circumstances are serious, the organizing tour agency involved may bedisqualified from the business of overseas tours:
1. The entry tourist performances hasdecreased;
2. Failing to engage in the normaloperation of overseas tours within the recent one year due to its own reasons;
3. Having been complained for problems inoverseas tours quality which has been affirmed after investigations;
4. Being involved in foreign exchangeevasions or illegal trading of foreign exchange;
5. Obtaining passports, visas, etc. orsending other people abroad in the name of overseas tours;
6. Other acts that are deemed by theadministrative department of the State Council in charge of tourism asaffecting the order of overseas tours of Chinese citizens.
Article 26 Any entity or individual whoviolates the provisions of Article 4 of the present Measures by engaging in theoverseas tourist business without approval or in disguised forms such as forbusiness, investigations, training, etc. shall be ordered by the administrativedepartment in charge of tourism to terminate the illegal business operationwith its illegal proceeds being confiscated and be fined not less than 2 timesbut not more than 5 times the illegal proceeds.
Article 27 Any organizing travel agency whoviolates the provisions of Article 10 of the present Measures by failing toarranging for a full-time group leader for any tourist group shall be orderedby the administrative department in charge of tourism to mend up, and be finednot less than 5,000 yuan but not more than 20,000 yuan. The qualifications ofthe organizing travel agency involved to engage in the overseas touristbusiness may also be suspended. If it fails to arrange for group leaders for anumber of times, it may be disqualified from engaging in the overseas touristbusiness.
Article 28 Any organizing travel agency whoviolates the provisions of Article 12 of the present Measures by providingfalse service information to the tourists or by making quotations lower thanthe relevant costs shall be punished by the administration for industry andcommerce according to the relevant provisions of the Consumer Protection Law of the People's Republic of China and the Anti-Unfair Competition Law of thePeople's Republic of China.
Article 29 Any organizing travel agency or group leader of anytourist group who violates the provisions of Article 14 (2) and Article 18 ofthe present Measures by failing to inform truthfully or warn explicitly thetourists of the circumstances that may endanger personal safety or failing totake effective measures to avoid dangers shall be ordered by the administrativedepartment in charge of tourism to mend up and be given a warning. If thecircumstances are serious, the qualifications of the organizing travel agencyconcerned to engage in the overseas tourist business may be suspended and theorganizing travel agency may be fined not less than 5,000 yuan but not morethan 20,000 yuan, and tour guide certificate
may be suspended or even be canceled. Ifany accident of personal injury or damage has resulted, the relevant people whoare held to be responsible shall take criminal liabilities and makingcompensations.
Article 30 In case any organizing travel agencyor group leader violates the provisions of Article 16 of the present Measuresby failing to demand the foreign travel agencies concerned not to arrange forany activity involving sex, gambling or drug or any dangerous activities,failing to demand them not to change without authorization the itinerary,tourist items, or to force explicitly or in disguised forms the tourists totake part in extra paid items, or when the foreign travel agencies involvedviolate the aforementioned requirements without being stopped, theadministrative department in charge of tourism may impose a fine of not lessthan 2 time but not more than 5 times the fees charged by the travel agencythat has organized the tourist group, and suspend its qualifications forengaging in the overseas tourist business, and the suspend the tour guidecertificate involved. If foul effects have resulted, the organizing travelagency involved may be disqualified from engaging in the overseas touristbusiness, and the certificate of the group leader involved may be canceled.
Article 31 Any group leader who violatesthe provisions of Article 20 of the present Measures by colluding with anyforeign reception travel agency, tourist guide or other business operator thatprovides commodities or services to the tourists in cheating or coercing thetourists to consume or soliciting kickbacks, commissions or other property fromany foreign reception travel agency, tourist guide or other business operatorthat provides commodities or services to the tourists shall be ordered by theadministrative department in charge of tourism to mend up, and the solicitedkickbacks, commissions or properties shall be confiscated; in the meanwhile, heshall be imposed upon a fine of not less than 2 times but not more than 5 timesthe value of the kickbacks, commissions or properties solicited. If thecircumstances are serious, the tour guide certificate involved shall becanceled.
Article 32 If any tourist who violates theprovisions of Article 22 of the present Measures by staying abroad and refusingto return to China and the group leader involved fails to inform the organizingtravel agency or the Chinese embassy or consulate to the country in good time,or if the organizing travel agency fails to inform the relevant departments ingood time, the administrative department in charge of tourism shall givewarnings to them, the tour guide certificate involved may be suspended, and theorganizing travel agency may be suspended from engaging in the overseas touristbusiness.
The passport of the tourist who staysabroad and refuses to return but is repatriated to China shall be canceled bythe public security organ.
Article 33 The present Measures shall takeeffect as of July 1, 2002. The Interim Measures on the Administration of theOverseas Tours of the Chinese Citizens at Own Expenses which had been ratifiedby the State Council on March 17, 1997 and promulgated on July 1, 1997 by theState Administration of Tourism and the Ministry of Public Security shall berepealed simultaneously.