Regulation on Travel Agencies (2016Amendment)
2018-04-30 1086
Regulation on Travel Agencies (2016Amendment)
- Document Number:Order No. 666 of the State Council of the People's Republic of China
- Area of Law: Tourism
- Level of Authority: Administrative Regulations
- Date issued:02-06-2016
- Effective Date:05-01-2009
- Status: Revised
- Issuing Authority: State Council
Regulation on Travel
Agencies
(Issued by the Order No.
550 of the State Council of the People's Republic of China on February 20,
2009, amended according to the Decision of the State Council on Amending
Certain Administrative Regulations by the Order No. 550 of the State Council of
the People's Republic of China on February 6, 2016, and shall come into force
on the date of issuance)
Chapter I General Provisions
Article 1 This Regulation is formulated for purposes of strengthening the
administration of travel agencies, protecting the legitimate rights and
interests of tourists and travel agencies, maintaining the order of the tourism
market, and promoting the healthy development of the tourism industry.
Article 2 This Regulation shall apply to the establishment and business
activities of travel agencies within the People's Republic of China.
The term “travel agencies” as mentioned in this Regulation shall refer to
enterprise legal persons that engage in such activities as soliciting,
organizing and receiving tourists, provide tourists with relevant tourism
services, and conduct domestic tourism business, inbound tourism business, or
outbound tourism business.
Article 3 The tourism administrative department of the State Council shall be
responsible for the supervision and management of all travel agencies
throughout the country.
The tourism administrative departments of the local people's governments at and
above the county level shall be responsible for the supervision and management
of travel agencies in their administrative regions according to their
functions.
The relevant departments of industry and commerce, price, commerce, and foreign
exchange, etc. of the people's governments at and above the county level shall,
according to the division of functions, supervise and manage travel agencies
according to law.
Article 4 Travel agencies shall observe the principle of voluntariness, equality,
fairness, and honesty, enhance the service quality and protect the legitimate
rights and interests of tourists.
Article 5 An industry organization of travel agencies shall provide services
for travel agencies according to the articles of association, play the role of
coordination and self-discipline, guide travel agencies to compete legitimately
and fairly as well as operate honestly.
Chapter II Establishment of Travel Agencies
Article 6 To apply for operating domestic tourism business and inbound tourism
business, a travel agency shall obtain the legal person status as an
enterprise, and its registered capital shall not be less than 300,000 yuan.
Article 7 To apply for operating domestic tourism business and inbound tourism
business, a travel agency shall file the application with the tourism
administrative department of the province, autonomous region, or municipality
directly under the Central Government where it is located or, as authorized by
it, the tourism administrative department at the level of a districted city,
and submit relevant documents proving that it satisfies the requirements of
Article 6 of this Regulation. The tourism administrative department accepting
the application shall make a decision to grant the application or not within 20
working days of accepting the application. If the application is granted, a
travel agency business permit shall be issued to the applicant; or if the
application is not granted, the applicant shall be notified in writing of the
decision with an explanation of the reasons for the decision.
Article 8 A travel agency, which has obtained the business permit for two years
or more, and is not subject to any punishment more serious than fine by the
administrative body due to the infringement upon the legitimate rights and
interests of tourists, may apply for operating the outbound tourism business.
Article 9 To apply for operating the outbound tourism business, an applicant
shall file an application with the tourism administrative department of the
State Council or with the commissioned tourism administrative department of the
province, autonomous region or municipality directly under the Central
Government. The tourism administrative department accepting the application
shall make a decision on approval or disapproval within 20 workdays from the
acceptance of the application. In the case of approval, it shall replace the
business permit for travel agencies with a new one for the applicant, in the
case of disapproval, it shall notify the applicant in written form and give
reasons.
Article 10 Where a travel agency plans to establish a branch, it shall handle
the registration of establishment at the administrative department for industry
and commerce at the place where the branch is located, and shall file the registration
for archival purpose with the tourism administrative department at the place
where the branch is located within three workdays from the date of registration
of establishment.
The establishment of a branch of a travel agency shall not be subject to
geographical restriction. The business scope of the branch shall not exceed
that of the travel agency establishing it.
Article 11 To establish a service outlet for the purpose of soliciting tourists
and providing tourism consultation (hereinafter referred to as the service
outlet of a travel agency), the travel agency shall handle the formalities for
registration of establishment at the administrative department for industry and
commerce according to law, and file the registration for archival purpose with
the tourism administrative department at the place where it is located.
The service outlet of a travel agency shall be subject to the uniform
management of the travel agency and shall not be engaged in the activities
other than soliciting tourists and consultation.
Article 12 Where a travel agency alters its name, business place, legal
representative or other registration matters or terminates its business
operation, it shall handle the corresponding registration of modification or
cancellation at the administrative department for industry and commerce, and
file the registration for archival purpose with the original tourism
administrative department that issued the permit within ten workdays from
completing the handling of registration, and have its business permit for
travel agencies replaced or returned.
Article 13 A travel agency shall, within three workdays from the day when it
obtains the business permit for travel agencies, open a special account for
quality assurance fund in the bank designated by the tourism administrative
department of the State Council, deposit quality assurance fund, or provide the
tourism administrative department making the approval with bank guarantee which
it obtains according to law and the secured amount of which is not less than
the amount of the corresponding quality assurance fund.
A travel agency operating the domestic tourism business and inbound tourism
business shall deposit the quality assurance fund of 200,000 yuan; a travel
agency operating the outbound tourism business shall increase the deposit of
quality assurance fund by 1,200,000 yuan.
The interests of the quality assurance fund shall belong to the travel agency.
Article 14 A travel agency shall increase its amount of quality assurance fund
by 50,000 yuan in its special account for each branch it establishes to operate
the domestic tourism business and inbound tourism business; shall increase its
amount of quality assurance fund by 300,000 yuan in its special account for
each branch it establishes to operate the outbound tourism business.
Article 15 Where a travel agency falls under any of the following
circumstances, the tourism administrative department may use the quality
assurance fund of the travel agency:
(1) The travel agency breaches the tourism contract and infringes upon the
legitimate rights and interests of tourists, which is verified as true by the
tourism administrative department; or
(2) The travel agency causes the lost of tourism fees prepaid by tourists due
to dissolution, bankruptcy or any other reason.
Article 16 Where it is determined by the judgment, ruling or any other
effective legal document of the people's court that a travel agency damaged the
legitimate rights and interests of tourists but the travel agency refuses to
make or is incapable of making the compensation, the people's court may
transfer the money for the compensation from the account of quality assurance
fund of the travel agency.
Article 17 Where a travel agency has not been subject to the punishment more
serious than fine by the administrative body due to any infringement upon the
legitimate rights and interests of tourists within three years from the day
when it pays or makes up the quality assurance fund, the tourism administrative
department shall reduce the amount of quality assurance fund deposited by the
travel agency by 50%, and make an announcement to the public. The travel agency
may reduce its quality assurance fund upon the strength of the certificates
issued by the tourism administrative department of the province, autonomous
regions, or municipality directly under the Central Government.
Article 18 Where a travel agency has been subject to punishment more serious
than fine by the administrative body due to any infringement upon the
legitimate rights and interests of tourists after the tourism administrative
department has used the quality assurance fund to compensate for the loss
suffered by tourists or reduced the quality assurance fund according to law, it
shall make up the quality assurance fund within five workdays from the day when
it receives the notice on making up the quality assurance fund from the tourism
administrative department.
Article 19 Where a travel agency does not engage in tourism business any more,
it shall take back the quality assurance fund from the bank upon the strength
of the certificates issued by the tourism administrative department.
Article 20 The specific measures for the management of the deposit and use of
the quality assurance fund shall be separately formulated by the tourism
administrative department of the State Council and the public finance
department of the State Council jointly with the relevant departments.
Chapter III Foreign-invested Travel Agencies
Article 21 The provisions of this Chapter shall apply to foreign-invested
travel agencies; if it is not provided for in this Chapter, other provisions of
this Regulation shall apply.
The term “foreign-invested travel agencies” as mentioned in the preceding
paragraph shall include Sino-foreign equity joint, Sino-foreign cooperative and
solely foreign-funded travel agencies.
Article 22 A foreign-funded enterprise that applies for engaging in the travel
agency business shall file the application with the tourism administrative
department of the province, autonomous region, or municipality directly under
the Central Government where it is located, and submit the relevant documents
proving that it meets the conditions as prescribed in Article 6 of this
Regulation. The tourism administrative department of the province, autonomous
region, or municipality directly under the Central Government shall, within 30
working days of accepting the application, complete the examination of the
application. If the application is granted, a travel agency business permit
shall be issued; or if the application is not granted, the applicant shall be
notified in writing of the decision with an explanation of the reasons for the
decision.
In the formation of a foreign-funded travel agency, the laws and regulations on
foreign investment shall also be complied with.
Article 23 No foreign-invested travel agency may operate the business in
Chinese mainland residents' traveling to other countries and to Hong Kong
Special Administrative Region, Macao Special Administrative Region and Taiwan
region, unless it is otherwise decided by the State Council, or provided for by
the free trade agreements signed by China and by the arrangements on establishing closer economic
partnership between Mainland and Hong Kong/Macao.
Chapter IV Operation of Travel Agencies
Article 24 A travel agency shall provide tourists with true and reliable
tourism service information and shall not carry out false publicity.
Article 25 No travel agency operating the outbound tourism business may
organize tourists to travel to any country or region other than the outbound
tourism destinations for Chinese citizens as published by the tourism
administrative department of the State Council.
Article 26 The tourism activities arranged for or introduced to tourists by
travel agencies may not contain any contents violating the relevant laws and
regulations.
Article 27 No travel agency may solicit tourists at a quotation lower than the
travel cost. No travel agency may, without the consent of the tourists, provide
any paid service other than those agreed on in the travel contract.
Article 28 To provide tourists with services, a travel agency shall conclude a
travel contract with them, which shall bear the following matters:
(1) The name of the travel agency and its business scope, address, telephone
number and serial number of the business permit for travel agencies;
(2) The name and telephone number of the handling person of the travel agency;
(3) The place and date of signing;
(4) The departure place, the place passed by and the destination of tour;
(5) The arrangements for transportation, accommodation, and catering services
as well as standards for the tour;
(6) The specific content and time of the tour items uniformly arranged for by
the travel agency;
(7) The time and frequency of the free time for tourists;
(8) The travel costs to be paid by tourists and the ways of payment;
(9) The number of times for shopping, length of stay and the name of shopping
places arranged by the travel agency;
(10) The tour items that need extra payment by tourists and the price thereof;
(11) The conditions for terminating or modifying the contract and the time
limit for the advance notification;
(12) The mechanism for resolving the disputes arising from a breach of contract
and the responsibility to be assumed;
(13) The tourism service supervision and complaint phone number; and
(14) Other contents agreed on by both parties.
Article 29 When a travel agency is concluding a travel contract with tourists,
it shall make a true, accurate and integrated explanations on the specific
contents of the travel contract.
Where the stipulations in the travel contract concluded by the travel agency
and the tourists are ambiguous or the two parties have disputes over the
understanding of the standard terms, it shall be interpreted in accordance with
common understanding. Where there are two or more kinds of interpretations to
the standard terms, an interpretation favorable to the tourists shall prevail.
Where the standard terms are inconsistent with non-standard terms, the latter
shall prevail.
Article 30 Where a travel agency organizes Chinese mainland citizens to travel
aboard, it shall arrange a team leader to accompany the travel team in the
whole tour.
Article 31 A tour guide assigned by a travel agency for the reception of
tourists or a team leader assigned for organizing the outbound tourism for
tourists shall hold the tour guide certificate or team leader certificate as
required by the State.
Article 32 When employing a tour guide or team leader, a travel agency shall
conclude a labor contract according to law, and shall pay him remunerations of
not less than the local minimum wage standard.
Article 33 A travel agency or any of the tour guides and team leaders assigned
by it may not commit any of the following acts:
(1) Refusing to perform the duties agreed on in the travel contract;
(2) Changing the itinerary arranged in the travel contract not due to any force
majeure; or
(3) Deceiving or coercing the tourists to go shopping or participate in tour
items that need extra payment.
Article 34 A travel agency may not require the tour guides and team leaders to
receive travel teams which do not pay the fees for reception and service or of
which the fees paid are lower than the cost of reception and service, and may
not require the tour guides and team leaders to assume the relevant fees for
the reception of travel teams.
Article 35 Where a travel agency breaches the travel contract and causes any
damage to the legitimate rights and interests of tourists, it shall take
necessary remedial measures, and shall timely report to the tourism
administrative department.
Article 36 Where a travel agency needs to entrust the tourism business, it
shall entrust a travel agency having corresponding qualifications, ask the
tourists for their consent, and conclude an entrustment contract on the matters
about the reception of tourists with the travel agency accepting the
entrustment, which shall determine all kinds of service arrangements and the
standards thereof for receiving tourists, and stipulate the rights and
obligations of both parties.
Article 37 Where a travel agency entrusts any other travel agency with the
tourism business, it shall pay the travel agency accepting the entrustment fees
no less than the cost of reception and service. The travel agency accepting the
entrustment may not receive any travel team which does not pay or fully pay the
fees for the reception and service.
Where a travel agency accepting the entrustment breaches the contract and
causes any damage to the legitimate rights and interests of tourists, the
entrusting travel agency shall assume corresponding responsibilities for
compensation. After the compensation, the entrusting travel agency may demand
recourse against the travel agency accepting the entrustment.
Where a travel agency accepting the entrustment causes any damage to the
legitimate rights and interests of tourists due to its intention or gross
negligence, it shall assume the joint and several liabilities.
Article 38 Travel agencies shall buy the travel agencies' liability insurance.
The specific plan for the travel agencies' liability insurance shall be
separately formulated by the tourism administrative department of the State
Council jointly with the insurance regulatory body of the State Council.
Article 39 A travel agency shall make a true explanation and give a clear
warning to the tourists on the matters that may endanger the personal and
property safety of tourists, and shall take necessary measures to prevent the
occurrence of damage.
Where any circumstance that endangers the personal safety of tourists occurs,
the travel agency and the tour guides or team leaders it assigns shall take
necessary handling measures and shall timely report to the tourism
administrative department; if the circumstance occurs outside of China, it
shall timely report to the embassy or consulate of the People's Republic of
China stationed in the relevant country, the relevant institutions stationed abroad
and the local police.
Article 40 Where a tourist remains abroad and refuses to come back, the team
leader assigned by the travel agency shall timely report to the travel agency,
the embassy or consulate of the People's Republic of China stationed in this
country, and the relevant institutions stationed abroad. The travel agency
shall, after receiving the report, timely report to the tourism administrative
department and the public security organ, and assist them by providing
information of the illegal stayer.
Where a tourist's illegal stay in China occurs when a travel agency receives
the inbound tourism, the agency shall timely report to the tourism
administrative department, the public security organ and the foreign affairs
department, and shall assist them by providing information of the illegal
stayer.
Chapter V Supervision and Inspection
Article 41 The relevant departments of tourism, industry and commerce, price,
commerce and foreign exchange, etc. shall strengthen the supervision and
administration on travel agencies according to law, and shall timely punish the
illegal acts they find.
Article 42 The administrative departments of tourism, industry and commerce,
price, etc. shall timely announce the information of supervision and inspection
to the public. The contents of the announcement shall cover the information on
issuance, modification, revocation and cancellation of the business permit for
travel agencies, the illegal business acts and integrity records of travel
agencies and the complaints of tourists, etc.
Article 43 Where a travel agency damages the legitimate rights and interest of
a tourist, the tourist may make complaints at the tourism administrative
department, the administrative department for industry and commerce, the
competent price department, the competent commerce department, or the foreign
exchange administrative department. The department which received the complaint
shall timely investigate and handle the complaint according to its functions
and powers, and shall inform the tourist of the relevant information of the
investigation and handling.
Article 44 A travel agency and its branch shall accept the supervision and
inspection on its travel contracts, service quality, travel safety, and
financial books, etc. conducted by the tourism administrative department, and
submit statistical materials on business and financial information to the
tourism administrative department according to the relevant provisions of the
State.
Article 45 A staff member of the relevant departments of tourism, industry and
commerce, price, commerce, and foreign exchange, etc. may not accept any
present from a travel agency, may not participate in any shopping activity or
tour for which the travel agency pays fees, and may not make personal profits for
himself, any of his relatives, any other person or organization through the
travel agency.
Chapter VI Legal Liabilities
Article 46 Where a violator of this Regulation is under any of the following
circumstances, the tourism administrative department or the administrative
department for industry and commerce shall order it/him to correct, confiscate
the illegal income, and impose a fine of not less than the illegal income but
not more than five times the illegal income concurrently if the illegal income
is more than 100, 000 yuan; if the illegal income is less than 100, 000 yuan or
there is no illegal income, impose a fine of 100,000 yuan up to 500, 000 yuan:
(1) Operating the domestic tourism business, inbound tourism business and
outbound tourism business without obtaining the corresponding business permit
for travel agencies;
(2) A branch conducts tourist business beyond the business scope of the travel
agency that establishes the branch; or
(3) A service outlet of a travel agency engages in any travel agency business
activity other than soliciting tourists and consultation.
Article 47 Where a travel agency transfers, leases, or lends the business
permit for travel agencies, the tourism administrative department shall order
it to suspend business for rectification for one month up to three months, and
confiscate the illegal income; if the circumstance is serious, revoke the
business permit for travel agencies. For the party to whom the business permit
for travel agencies is transferred or leased, the tourism administrative
department shall order it to stop the illegal operation, confiscate the illegal
income, and impose a fine of 100, 000 yuan up to 500, 000 yuan concurrently.
Article 48 Where, in violation of this Regulation, a travel agency fails to deposit,
increase or make up the quality assurance fund into its quality assurance fund
account or fails to provide corresponding bank guarantee within the prescribed
time limit, the tourism administrative department shall order it to correct; if
it refuses to correct, its business permit for travel agencies shall be
revoked.
Article 49 Where, in violation of this Regulation, a travel agency fails to buy
travel agencies' liability insurance, the tourism administrative department
shall order it to correct; if it refuses to correct, its business permit for
travel agencies shall be revoked.
Article 50 Where, in violation of this Regulation, a travel agency falls under
any of the following circumstances, the tourism administrative department shall
order it to correct; if it refuses to correct, impose a fine of not more than
10,000 yuan.
(1) Failing to file the relevant registration matters for archival purpose with
the original tourism administrative department that issued the permit within
the prescribed time limit, to have the business permit for travel agencies
replaced or returned when it changes the name, business place, legal
representative and other registration matters or terminates the business
operation;
(2) Failing to file the establishment of the branch for archival purpose with
the tourism administrative department at the place where the branch is located
within the prescribed time limit when establishing a branch; or
(3) Failing to submit the statistical materials on business and financial
information to the tourism administrative department according to the relevant
provisions of the State.
Article 51 Where, in violation of this Regulation, a foreign-invested travel
agency operates the tourism business in Chinese mainland residents' traveling
to other countries and to Hong Kong Special Administrative Region, Macao
Special Administrative Region and Taiwan region, or a travel agency operating
outbound tourism business organizes tourists to travel to the countries and
regions other than the outbound tourism destinations for Chinese citizens as
published by the tourism administrative department of the State Council, the
tourism administrative department shall order it to correct, confiscate the
illegal income, and impose a fine of not less than the illegal income but not
more than five times the illegal income concurrently if the illegal income is
more than 100, 000 yuan; if the illegal income is less than 100, 000 yuan or
there is no illegal income, impose a fine of 100, 000 yuan up to 500,000 yuan;
and if the circumstance is serious, revoke the business permit for travel
agencies.
Article 52 Where, in violation of this Regulation, a travel agency arranges for
or introduces the tourists tourism activities which contain any content
violating the relevant laws and regulations, the tourism administrative
department shall order it to correct, confiscate the illegal income, and impose
a fine of 20,000 yuan up to 100,000 yuan concurrently; if the circumstance is
serious, revoke the business permit for travel agencies.
Article 53 Where, in violation of this Regulation, a travel agency provides the
tourists with tourism service information containing false content or makes
false publicity, the administrative department for industry and commerce shall
punish it according to law.
Where, in violation of this Regulation, a travel agency solicits tourists at
the quotation lower than the travel cost, the competent price department shall
punish it according to law.
Article 54 Where, in violation of this Regulation, a travel agency provides any
other paid service beyond the stipulations in the travel contract without the
consent of the tourists, the tourism administrative department shall order it
to correct and impose a fine of 10,000 yuan up to 50,000 yuan.
Article 55 Where, in violation of this Regulation, a travel agency falls under
any of the following circumstances, the tourism administrative department shall
order it to correct and impose a fine of 20,000 yuan up to 100,000 yuan; if the
circumstance is serious, order it to suspend its business for rectification for
one month up to three moths:
(1) Failing to conclude travel contracts with tourists;
(2) Failing to state the matters as prescribed by Article 28 of this Regulation
in the travel contracts concluded with the tourists;
(3) Entrusting the tourism business to any other travel agency without the
consent of the tourists;
(4) Entrusting the tourism business to a travel agency without corresponding
qualification; or
(5) Failing to conclude an entrustment contract on the matters of reception of
the tourists with the travel agency accepting the entrustment.
Article 56 Where, in violation of this Regulation, a travel agency organizes
Chinese mainland citizens to travel aboard but does not arrange a team leader
to accompany the travel team for the whole tour, the tourism administrative
department shall order it to correct, impose a fine of 10,000 yuan up to 50,000
yuan; if it refuses to correct, order it to suspend its business for
rectification for one month up to three months.
Article 57 Where, in violation of this Regulation, a travel guide or team
leader assigned by a travel agency does not hold the tour guide certificate or
team leader certificate as required by the State, the tourism administrative
department shall order him to correct, and impose a fine of 20,000 yuan up to
100,000 yuan on the travel agency.
Article 58 Where, in violation of this Regulation, a travel agency fails to pay
the remuneration to the tour guides or team leaders it employs or the
remuneration paid is lower than the local minimum wage standard, the travel
agency shall be punished according to the relevant provisions of the Employment Contract Law of the People's Republic of
China.
Article 59 Where a violator of this Regulation is under any of the following
circumstances, the tourism administrative department or the administrative
department for industry and commerce shall order the correction and impose a
fine of 100,000 yuan up to 500,000 yuan in the case of a travel agency; the
tourism administrative department shall order the correction and impose a fine
of 10,000 yuan up to 50,000 yuan in the case of a tour guide or team leader; if
the circumstance is serious, revoke the business permit for travel agencies,
the tour guide certificate or the team leader certificate:
(1) Refusing to perform the obligations as agreed on in the travel contract;
(2) Changing the itinerary arranged in the travel contract not due to any force
majeure; or
(3) Deceiving or coercing the tourists to go shopping or participate in the
tour items that need extra payment.
Article 60 Where, in violation of this Regulation, a travel agency requires
tour guides and team leaders to receive the travel teams which do not pay fees
for the reception or service or the fees paid are less than the cost of
reception or service, or requires tour guides and team leaders to assume the
relevant fees for receiving the travel teams, the tourism administrative
department shall order it to correct and impose a fine of 20,000 yuan up to
100,000 yuan.
Article 61 Where a travel agency breaches the travel contract, causes any
damage to the legitimate rights and interest of tourists, and fails to take
necessary remedial measures, the tourism administrative department or the
administrative department for industry or commerce shall order it to correct,
and impose a fine of 10,000 yuan up to 50,000 yuan; if the circumstance is
serious, the tourism administrative department shall revoke the business permit
for travel agencies.
Article 62 Where a travel agency falls under any of the following circumstances
by violating this Regulation, the tourism administrative department shall order
it to correct, and to suspend its business for rectification for one month up
to three months; if the circumstance is serious, revoke its business permit for
travel agencies:
(1) The travel agency fails to pay the fees for reception and service to the
travel agency accepting the entrustment;
(2) The fees paid by the travel agency to the travel agency accepting the
entrustment is lower than the cost of reception and service; or
(3) The travel agency accepting the entrustment receives a travel team which
does not pay or fully pay fees for the reception and service.
Article 63 Where, in violation of this Regulation, a travel agency or any of
the tour guides or team leaders assigned by it falls under any of the following
circumstances, the tourism administrative department shall order it/him to
correct, and impose a fine of 20,000 yuan up to 100,000 yuan in the case of a
travel agency; impose a fine of 4,000 yuan up to 20,000 yuan in the case of a
tour guide or team leader; if the circumstance is serious, order the travel
agency to suspend its business for rectification for one month up to three
months, or revoke the business permit for travel agencies, the tour guide
certificate or the team leader certificate:
(1) Failing to take necessary handling measures and timely report when any
circumstance endangering the personal safety of the tourists occurs;
(2) When a tourist in any outbound tourism organized by the travel agency
illegally stays abroad, the travel agency fails to timely report and to give
assistance by providing information of the illegal stayer; or
(3) When a tourist in any inbound tourism received by the travel agency
illegally stays in China, the travel agency fails to timely report and to give
assistance by providing information of the illegal stayer.
Article 64 A person who has been subject to criminal punishment due to
impairment of frontier or boundary administration shall not be engaged in the
business activities of travel agencies within five years from the completion of
the penalty. Where the business permit for travel agencies of a travel agency is
revoked, its major person-in-charge shall not hold the position of the major
person-in-charge of any travel agency within five years from the day when the
business permit for travel agencies is revoked.
Article 65 Where, in violation of this Regulation, a travel agency damages the
legitimate rights and interest of tourists, it shall assume the corresponding
civil liabilities; if a crime is constituted, it shall be subject to criminal
liabilities.
Article 66 Where, in violation of this Regulation, a tourism administrative
department, any other relevant department, or any of their staff members falls
under any of the following circumstances, the directly responsible
person-in-charge and other person directly liable shall be subject to sanctions
according to law:
(1) Failing to timely handle the illegal acts it/he finds;
(2) Failing to timely announce the information of supervision and inspection on
travel agencies;
(3) Failing to timely handle the complaints of tourists and to inform the
tourists of the relevant information of investigation and handling;
(4) Accepting presents from a travel agency;
(5) Participating in the shopping activities or tours for which a travel agency
pays the fees; or
(6) Making personal profits for itself/himself, any of the relatives, or any
other person or organization through a travel agency.
Chapter VII Supplementary Provisions
Article 67 This Regulation shall apply by analogy to the travel agencies
established in the mainland by the investors from Hong Kong Special Administrative
Region, Macao Special Administrative Region and Taiwan region.
Article 68 This Regulation shall come into force on May 1, 2009. The Regulation on the Administration of Travel Agencies
promulgated by the State Council on October 15, 1996 shall be abolished
simultaneously.