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Promulgation date

2002/05/27

Effective region

NATIONAL

Promulgator

State Council

Document no

Order of the State Council[2002]No.354

Effectiveness

Effective

Effective date

0000/00/00

Category

Tourism ( -> )



Measures for Administration of Outbound Tours by Chinese Citizens

Order of the State Council[2002]No.354

May 27, 2002

(Adopted at the 50th Executive Meeting of the State Council on December 12, 2001, promulgated by Decree No. 354 of the State Council of the People's Republic of China on May 27, 2002, and effective as of July 1, 2002)
 

Premier: Zhu Rongji

Appendix:Administration of Outbound Tours by Chinese Citizens

Article 1These Measures are formulated for the purposes of regulating Chinese citizens' outbound tours organized by travel agencies and safeguarding the lawful rights and interests of the tourists and operators of outbound tours.

Article 2The countries with approved destination status shall be proposed by the tourism administration department of the State Council jointly with the relevant departments of the State Council and published by the tourism administration department of the State Council after submission to and approval by the State Council.

No unit or individual may organize Chinese citizens for tours to countries other than the countries with approved destination status published by the tourism administration department of the State Council; organizing Chinese citizens for temporary tours involving sports, culture or other specialized activities to countries other than the countries with approved destination status published by the tourism administration department of the State Council shall be subject to the approval of the tourism administration department of the State Council.
 

Article 3 A travel agency that is to operate the business of outbound tours shall meet the following requirements:
 
1. one full year has passed since it obtained the qualifications as an international travel agency;
 
2. having prominent performance in operating the business of inbound tours;
 
3. having no record of serious law-breaking acts and major problems in service quality in its operation.

Article 4 A travel agency that applies for operating the business of outbound tours shall submit an application to the tourism administration department of the province, autonomous region or municipality directly under the Central Government, which shall, within 30 working days from the date of accepting the application, finish the examination thereof in accordance with the requirements set forth in Article 3 of these Measures. Upon examination, if the application is approved, it shall be submitted to the tourism administration department of the State Council for approval; if the application is denied, the applicant shall be informed in writing with the reasons therefor stated.
 
The tourism administration department of the State Council shall approve travel agencies operating the business of outbound tours on the basis of tourism development plans and the need for rational distribution.
 
Without approval from the tourism administration department of the State Council, no unit or individual may operate the business of outbound tours or conduct such operation under the disguises such as business, study or training trips.

Article 5 The tourism administration department of the State Council shall publish the name list of the travel agencies that have obtained the qualifications for operating the business of outbound tours (hereinafter referred to as authorized travel agencies) and circulate such list among the relevant departments of the State Council.

Article 6 The tourism administration department of the State Council shall, on the basis of the nationwide performance of inbound tourism in the previous year, the increase in the number of destination countries and the trend of outbound tours, determine by the end of February each year the annual total quotas of outbound tourists, and distribute quotas to the tourism administration departments of the provinces, autonomous regions and municipalities directly under the Central Government.
 
The tourism administration departments of the provinces, autonomous regions and municipalities directly under the Central Government shall, on the basis of the performance in operating inbound tours in the previous year, operation capacity and service quality of each authorized travel agency in their respective administrative areas, determine by the end of March each year the annual quotas of outbound tourists to be distributed to each authorized travel agency in a fair, just and open way.
 
The tourism administration department of the State Council shall supervise the determination of the annual quotas of outbound tourists to be distributed to authorized travel agencies by the tourism administration departments of the provinces, autonomous regions and municipalities directly under the Central Government, as well as the organizing of outbound tours by authorized travel agencies.

Article 7 The tourism administration department of the State Council shall uniformly print the Roster of Outbound Tourist Groups of Chinese Citizens (hereinafter referred to as the roster), and, when distributing the annual quotas of outbound tourists, serially number such rosters and distribute them to the tourism administration departments of the provinces, autonomous regions and municipalities directly under the Central Government, which shall further distribute such rosters to the authorized travel agencies.
 
Authorized travel agencies shall organize tourist groups to foreign countries in accordance with the quotas of outbound tourists distributed to them and fill out the roster. Both the names of the tourists and the group leader shall be on the roster, no matter whether it is the first time of his exit or not. No person may be added to the roster after it has been verified.

Article 8 The roster shall be in quadruplicate. One copy shall be for the exit frontier inspection, one for the entry frontier inspection, one for examination by the tourism administration department and the last shall be kept by the travel agency.
 
The authorized travel agency shall, in accordance with the relevant provisions, submit the roster to the relevant departments for examination and record when the tourist group leaves or enters the Chinese territory and after such tourist group re-enters the Chinese territory.
 
Foreign currencies needed for outbound tours shall be handled by the tourists themselves in accordance with the relevant provisions of the State.

Article 9 Tourists holding valid common passports may go through the formalities for their outbound tours directly with the authorized travel agencies; those without valid common passports shall obtain the passports in accordance with the relevant provisions of the Law of the People's Republic of China on the Control of Exit and Entry of Citizens before going through the formalities for their outbound tours.
 
Authorized travel agencies shall go through the exit formalities for their tourists, including their visas for entering the destination country.

Article 10 Authorized travel agencies shall appoint a full-time leader for each tourist group.
 
Group leaders shall pass the examination by the tourism administration department of the province, autonomous region or municipality directly under the Central Government, and obtain the tourist group leader cards.
 
Group leaders shall wear their tourist group leader cards while leading groups, and comply with these Measures and other relevant provisions of the tourism administration department of the State Council.

Article 11 Tourist groups shall leave and enter the Chinese territory as a whole at the open ports designated by the State.
 
Tourist groups shall, when leaving or entering the Chinese territory, be subject to the inspection of their passports, visas and the roster by the frontier inspection stations. Upon approval of the relevant departments of the State Council, tourist groups may go through the formalities for visas or visa abolition at the destination country in accordance with the relevant provisions of that country.
 
Where it is decided before departure that the group members will re-enter the Chinese territory in several batches, the authorized travel agency shall report the situation for the record in advance to the general exit and entry frontier inspection station or the provincial public security and frontier department.
 
Where a tourist group, after leaving the Chinese territory, needs to re-enter the Chinese territory in several batches due to force majeure or other special reasons, the group leader shall notify the authorized travel agency promptly and the authorized travel agency shall report forthwith the situation for the record to the general exit and entry frontier inspection station or the provincial public security and frontier department.

Article 12 Authorized travel agencies shall safeguard the lawful rights and interests of tourists.
 
The information on outbound tour services provided by authorized travel agencies must be authentic and reliable and no false publicity shall be conducted. The price offered shall not be lower than the cost.

Article 13 In operating the business of outbound tours, authorized travel agencies shall conclude written tour contracts with tourists.
 
The tour contract shall specify the starting and finishing time of the tour, itinerary, price, accommodations, transportation and liability for breach of contract. The tour contract shall be in duplicate, with one copy kept by the authorized travel agency and the other by the tourist.

Article 14 Authorized travel agencies shall provide services to tourists in accordance with the conditions stipulated in the tour contracts.
 
Authorized travel agencies shall guarantee that the services they provide comply with the requirements for the tourists' personal and property safety; in case of potential danger to the tourists' personal safety, they shall make true disclosure to the tourists and give explicit warnings therefor, and take effective measures to prevent the occurrence of any danger.

Article 15 In organizing outbound tours, authorized travel agencies shall choose reputable travel agencies legally established in the destination countries (hereinafter referred to as local land operators), and conclude a written contract with them before entrusting them with the land operation.

Article 16 Authorized travel agencies and leaders of the tourist groups shall require the local land operators to arrange the tours in accordance with the agreed plan for group activities, not to organize tourists to take part in any pornographic, gambling, drug-taking or dangerous activities, not to change the itinerary or reduce tour items without consent, and not to force or force under disguises tourists to take part in items with additional charges.
 
Where the local land operators violate the requirements posted by the authorized travel agencies and leaders of the tourist groups in accordance with the provisions of the preceding paragraph, the authorized travel agencies or leaders shall stop such violations.

Article 17 Tourist group leaders shall explain to tourists the relevant laws of the destination countries, their customs and other things needing attention, and respect tourists' personal dignity, religious beliefs, customs and living habits of ethnic groups.

Article 18 When leading tourists in journeys or sightseeing, tourist group leaders shall make true disclosure to the tourists of the potential danger to the tourists' personal safety and give explicit warnings therefor, and take effective measures as required by the authorized travel agency to prevent the occurrence of any danger.

Article 19 Where a tourist group encounters special difficulties or security problems outside the territory, the tourist group leader shall report the situation promptly to the authorized travel agency and the Chinese embassy or consulate in the destination country. The authorized travel agency shall promptly report the situation to the tourism administration department and the public security organ.

Article 20 Tourist group leaders shall not collaborate with local land operators, tour guides, or other commodity or service providers in order to cheat tourists or force them to consume, and shall not ask for rebates or deductions or accept money or property from local land operators, tour guides, or other commodity or service providers.

Article 21 Tourists shall comply with the laws of the destination countries and respect the local customs and habits and be subject to the uniform management of the tourist group leader.

Article 22 Tourists are strictly forbidden to overstay abroad.
 
For those who overstay abroad, the tourist group leader shall report the situation promptly to the authorized travel agency and the Chinese embassy or consulate in the destination country, and the authorized travel agency shall promptly make a report thereon to the public security organ and the tourism administration department. When the relevant department handles such matters, the authorized travel agency has the duty to give cooperation.

Article 23 Tourists have the right to complain to the tourism administration department against any act violating the provisions of these Measures by the authorized travel agencies or tourist group leaders.

Article 24 Where tourists' lawful rights and interests suffer damage due to breach of the contract by the authorized travel agencies or by the local land operators they entrust, the authorized travel agencies shall assume the liabilities of compensation to the tourists according to law.

Article 25 Where an authorized travel agency comes under any of the following circumstances, the tourism administration department may suspend its outbound tour business; if the circumstances are serious, the tourism administration department shall revoke its qualifications for operating the business of outbound tours:
 
1. having a decrease in its inbound tour business;
 
2. failing to normally carry out outbound tour business within one year due to its own problems;
 
3. being complained against for its poor outbound tour service and the complaints are proved to be true after investigation;
 
4. evading or illegally purchasing foreign exchange;
 
5. resorting to deception or trickery in the name of tourism in order to obtain passports, visas or other exit or entry documents or help other persons to leave the Chinese territory;
 
6. other acts which are confirmed by the tourism administration department of the State Council as affecting the order of Chinese citizens' outbound tours.

Article 26 Where any unit or individual, in violation of the provisions of Article 4 of these Measures, operates the business of outbound tours without approval or conducts such operations under the disguises such as business, study or training trips, the tourism administration department shall order the violator to stop such illegal operations, confiscate the illegal income and concurrently impose a fine of not less than two times but not more than five times the illegal income.

Article 27 Where any authorized travel agency, in violation of the provisions of Article 10 of these Measures, fails to appoint a full-time leader for the tourist group, the tourism administration department shall order it to make corrections and concurrently impose a fine of not less than CNY5,000 but not more than CNY20,000, and may suspend its qualifications for operating the business of outbound tours; if it fails to appoint a full-time group leader many times, its qualifications for operating the business of outbound tours shall be revoked.

Article 28 Where any authorized travel agency, in violation of the provisions of Article 12 of these Measures, provides false service information to tourists or offers a price lower than the cost, the administrative department for industry and commerce shall punish it in accordance with the relevant provisions of the Law of the People's Republic of China on the Protection of the Rights and Interests of Consumers or the Law of the People's Republic of China on Countering Unfair Competition.

Article 29 Where any authorized travel agency or tourist group leader, in violation of the provisions of the second paragraph of Article 14 or Article 18 of these Measures, fails to make true disclosure to the tourists of the potential danger to the tourists' personal safety and give explicit warnings therefor, or fails to take measures to prevent the occurrence of such dangers, the tourism administration department shall order the violator to make corrections and give it a warning; if the circumstances are serious, the qualifications of the authorized travel agency for operating the business of outbound tours shall be suspended and a fine of not less than CNY5,000 but not more than CNY20,000 shall be concurrently imposed, and the card of the tourist group leader may be suspended or even revoked; if casualties are caused, criminal responsibility shall be investigated according to law, and liability of compensation shall be assumed.

Article 30 Where any authorized travel agency or tourist group leader, in violation of the provisions of Article 16 of these Measures, fails to require the local land operator not to organize tourists to take part in any pornographic, gambling, drug-taking or other dangerous activities, not to change the itinerary or reduce tourist items, and not to force or force under disguises tourists to take part in items with additional charges, or fails to stop the local land operator violating the above-mentioned requirements, the tourism administration department shall impose on the authorized travel agency a fine of not less than two times but not more than five times the fee it has collected for organizing the tourist group, suspend its qualifications for operating the business of outbound tours, and suspend the tourist group leader's card; if such case gives rise to bad influences, the qualifications of the authorized travel agency for operating the business of outbound tours and the tourists group leader's card shall be revoked.

Article 31 Where any group leader, in violation of the provisions of Article 20 of these Measures, collaborates with local land operators, tour guides or other commodity or service providers in order to cheat or force tourists to consume, or asks for rebates or deductions or accepts money or property from local land operators, tour guides or other commodity or service providers, the tourism administration department shall order him to make corrections, confiscate the said rebates, deductions, money or property, and concurrently impose a fine of not less than two times but not more than five times the value of the said rebates, deduction, money or property; if the circumstances are serious, the tourist group leader's card shall be revoked.

Article 32 Where, in violation of the provisions of Article 22 of these Measures, any tourist overstay abroad and the tourist group leader fails to report such situation promptly to the authorized travel agency and the Chinese embassy or consulate in the destination country, or the authorized travel agency fails to report such situation promptly to the relevant department, the tourism administration department shall give a warning, and may suspend the tourist group leader's card and suspend the authorized travel agency's qualifications for operating the business of outbound tours.
 
Where any tourist has been repatriated for his overstaying abroad, the public security organ shall revoke his passport.

Article 33 These Measures shall be effective as of July 1, 2002. The Interim Measures Concerning Administration of Self-Funded Outbound Tours by Chinese Citizens promulgated by the National Tourism Administration and the Ministry of Public Security on July 1, 1997 and approved by the State Council on March 17, 1997 shall be repealed simultaneously.


 

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