Regulations on Administration of Tour Guides (2017 Version)

 2018-05-18  15


Regulations on Administration of Tour Guides (2017 Version)


· Area of Law: Tourism

· Level of Authority: Administrative Regulations

· Date issued:10-07-2017

· Effective Date:10-07-2017

· Status: Effective

· Issuing Authority: State Council

 

Regulations on Administration of Tour Guides
(Promulgated by the Order No. 263 of the State Council on May 14, 1999; and amended in accordance with the Decision of the State Council to Amend Certain Administrative Regulations by the Order No. 687 of the State Council on October 7, 2017)
Article 1 These Regulations are formulated for the purpose of standardizing the activities of tour guides, safeguarding the lawful rights and interests of tourists and tour guides, and promoting the healthy development of the tourism industry.
Article 2 The tour guides referred to in these Regulations mean the persons who have obtained tour guide licenses according to these Regulations and accept travel agency assignments to provide guidance, explanations and interrelated travel services to tourists.
Article 3 The State shall institute a unified nationwide qualifying examination system for tour guides.
Chinese citizens who have academic attainments of high school or vocational training school or above, who are physically healthy, and who have the basic knowledge and capability of language expressions suitable for a tour guide, may participate in the tour guide qualifying examination. A qualification license for tour guide shall be issued by the tourism administrative department of the State Council or by the tourism administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government, with the authorization of the tourism administrative department of the State Council, to those who have passed the examination.
Article 4 Whoever provides guiding services for tourists within the territory of the People's Republic of China must obtain a tour guide license.
Only after entering into a labor contract with a travel agency or registering with the relevant tour industry organization may a person holding a tour guide qualification certificate apply for a tour guide license to the tourism administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government based on the labor contract or the proof of registration.
The format and specifications of a tour guide license shall be prescribed by the tourism administrative department of the State Council.
Article 5 A tour guide license shall not be issued where any of the following circumstances exits;
(1) having no capacity for civil conduct or having limited capacity for civil conduct;
(2) suffering from an infectious disease;
(3) having received criminal punishment, except for unpremeditated offenses; or
(4) having the tour guide license revoked.
Article 6 The tourism administrative departments of the people's governments of the provinces, autonomous regions or municipalities directly under the Central Government shall issue the tour guide license within 15 days from the date of receipt of an application to obtain the tour guide license; where any of the circumstances prescribed in Article 5 of these Provisions is found and the tour guide license shall not be issued, the applicant shall be notified in writing.
Article 7 All tour guides must continually improve their professional ability and skills.
The State implements a graded assessment system for tour guides. The standards and procedures for graded assessment of tour guides are formulated by the tourism administrative department of the State Council.
Article 8 When conducting guiding activities, the tour guides shall wear the tour guide licenses.
The period of validity of a tour guide license is three years. Holders of tour guide licenses who need to continue guiding activities after the expiration of the period of validity, shall apply for the re-issuance of the tour guide license to the tourism administrative departments of the people's governments of the provinces, autonomous regions or municipalities directly under the Central Government three months prior to the expiration of the period of validity.
Article 9 All tour guides must be assigned by travel agencies to conduct guiding activities.
Tour guides may not privately contract or directly contract in any other fashion for guiding work and conduct such activities.
Article 10 When conducting guiding activities, the dignity of tour guides shall be respected and their personal safety not be threatened.
Tour guides have the right to refuse unreasonable requests of tourists that insult their dignity or contradict their professional ethics.
Article 11 When conducting guiding activities, tour guides shall conscientiously uphold the State interests and national dignity, and shall not conduct actions or make speeches which damage State interests and national dignity.
Article 12 When conducting guiding activities, tour guides shall observe the professional ethics, be neatly dressed, treat people politely and respect the religious beliefs, national customs and habits of tourists.
When conducting guiding activities, tour guides should explain to tourists the local culture and the natural environment, and introduce local conditions and customs, but should refrain from inserting any vulgarities in their explanations to pander to low tastes of some tourists.
Article 13 Tour guides shall arrange the tourists' trip and touring activities strictly according to the itineraries set by travel agencies, and may not on their own add or reduce touring items or suspend guiding activities.
In leading tourists for a trip or touring activities, tour guides may adjust or change tour itineraries upon the agreement of a majority of the tourists when encountering emergency situations that may possibly threaten the personal safety of tourists, but must immediately report to the travel agencies.
Article 14 In leading tourists for a trip or touring activities, tour guides shall truthfully inform tourists of, and clearly warn them about circumstances which may threaten their personal safety and the security of their personal belongings, and take measures to prevent harm from happening in accordance with the requirements of the travel agencies.
Article 15 When conducting guiding activities, tour guides shall not sell any goods to or purchase any goods from tourists, and may not ask for tips from tourists explicitly or implicitly.
Article 16 When conducting guiding activities, tour guides may not deceive or coerce tourists to consume, or collude with businesses to deceive or coerce tourists to consume.
Article 17 Tourists have the right to make a complaint to the tourism administrative departments with respect to actions of tour guides in violation of these Regulations.
Article 18 Where a tour guide has conducted guiding activities without a tour guide license, the tourism administrative department shall order him to make amends and make a public announcement, impose a fine of more than 1,000 yuan and less than 30, 000 yuan; where there is illegal income, the illegal income shall also be confiscated.
Article 19 A tour guide who privately contracts or directly contracts in any other fashion for guiding business and conducts guiding activities without an assignment from a travel agency, shall be ordered to make amends by the tourism administrative department and a fine of more than 1, 000 yuan and less than 30,000 yuan shall be imposed; all illegal income from such activities, if any, shall be confiscated simultaneously; where the circumstances are serious, his tour guide license shall be revoked by the tourism administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government, and a public announcement be made.
Article 20 Tour guides who have, in conducting guiding activities, spoken or acted in ways detrimental to the State interests and national dignity shall be ordered by the tourism administrative departments to make amends; where the circumstances are serious, the tour guide licenses shall be revoked by the tourism administrative departments of the people's governments of the provinces, autonomous regions or municipalities directly under the Central Government, and a public announcement be made; the travel agency to which a tour guide belongs shall be given a warning up to suspension of operations for rectification.
Article 21 A tour guide who fails to wear the tour guide license when conducting guiding activities, shall be ordered by the tourism administrative department to make amends; a fine of not more than 500 yuan shall be imposed if he refuses to make amends.
Article 22 Where any of the following circumstances exists, a tour guide shall be ordered to make amends by the tourism administrative department and his tour guide license shall be withheld for three to six months; where the circumstances are serious, the tour guide license shall be revoked by the tourism administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government and a public announcement be made:
(1) adding or reducing tour programs without authorization;
(2) changing tour itineraries without authorization; or
(3) suspending guiding activities without authorization.
Article 23 The tour guides who sell goods to or purchase goods from tourists, or ask for tips from tourists either explicitly or implicitly shall be ordered to make amends by the tourism administrative departments and a fine of more than 1, 000 yuan and less than 30, 000 yuan shall be imposed; where there is illegal income, the illegal income shall also be confiscated; where the circumstances are serious, the tour guide licenses shall be revoked by the tourism administrative departments of the people's governments of the provinces, autonomous regions or municipalities directly under the Central Government and a public announcement be made; the travel agencies where they work shall also be given a warning up to suspension of operations for rectification.
Article 24 The tour guides who deceive or coerce tourists to consume, or collude with businesses to deceive or coerce tourists to consume when conducting guiding activities shall be ordered to make amends by the tourism administrative departments and a fine of more than 1, 000 yuan and less than 30, 000 yuan shall be imposed; where there is illegal income, the illegal income shall also be confiscated; where the circumstances are serious, the tour guide licenses shall be revoked by the tourism administrative departments of the people's governments of the provinces, autonomous regions or municipalities directly under the Central Government and a public announcement be made; the travel agencies that designate such tour guides shall be given a warning up to suspension of operations for rectification; where crimes are constituted, criminal responsibilities shall be investigated according to law.
Article 25 Staff members of the tourism administrative departments who neglect their duties, misuse their powers and commit illegalities for personal gain or by fraudulent means shall be investigated for criminal responsibility according to law where crimes are constituted; or shall be given administrative sanctions according to law where crimes are not constituted.
Article 26 The people's governments of the provinces, autonomous regions or municipalities directly under the Central Government shall formulate measures for the administration of tour guides at scenic spots and tourist resorts with reference to these Regulations.
Article 27 These Regulations shall be implemented as of October 1, 1999. The Interim Provisions on Administration of Tour Guides approved by the State Council on November 14, 1987 and promulgated by the National Tourism Administration on December 1, 1987 shall be repealed simultaneously.