法律法規/其他綜合/旅行社管理暫行條例(附英文)
【標題】：旅行社管理暫行條例(附英文)
【頒佈方】：國務院
【頒佈日期】：19850511
【實施日期】：19850511
【類別】：其他綜合
【內容】：管附理旅理(例社例附暫行行管第一條 為了加強對旅行社的管理，保護旅行者的合法權益，促進旅遊事業發展，特制定本條例。
第二條 旅行社（旅遊公司或其他同類性質的組織，下同）是指依法設立並具有法人資格，從事招徠、接待旅行者，組織旅遊活動，實行獨立核算的企業。
第三條 旅行社應當遵循擴大人民之間的友好交往，豐富社會主義文化生活，繁榮社會主義旅遊經濟的原則，開展經營活動，促進物質文明和精神文明的建設。
第四條 旅遊行政管理部門對旅行社的管理，實行統一領導、分級管理、分散經營的方針。
第五條 本條例中的下列用語，除條文中另有規定者外，含義如下：
（一）“招徠”指旅行社按照主管部門批准的業務範圍，在國外、國內開展宣傳推銷的業務，組織招攬遊客的工作。
（二）“接待”指旅行社根據旅行者的要求，安排食宿、交通工具、活動日程、組織遊覽。
（三）“旅遊行政管理部門”指國家和各省、自治區、直轄市旅遊局以及市、縣的相應管理機構。
第六條 旅行社按其經營業務範圍的不同，分為三類：
第一類：經營對外招徠並接待外國人、華僑、港澳同胞、臺灣同胞來中國、歸國或回內地旅遊業務的旅行社；
第二類：不對外招徠，只經營接待第一類旅行社或其他涉外部門組織的外國人、華僑、港澳同胞、臺灣同胞來中國、歸國或回內地旅遊業務的旅行社；
第三類：經營中國公民國內旅遊業務的旅行社。
第七條 開辦經營第一類、第二類旅行社，必須具備以下條件：
（一）有符合國家規定的旅行社章程；
（二）有一定的組織機構和法定代表，有固定的辦公或營業場所和必要的通訊設備；
（三）經營對外招徠和接待業務的旅行社，須擁有人民幣５０萬元以上的註冊資本；只經營接待業務的旅行社，須擁有人民幣２５萬元以上的註冊資本；
（四）有為旅行者提供符合條件的食、宿和交通等項服務的組織能力；
（五）有能保證服務品質和進行正常業務活動、熟悉旅遊業務的經理人員、工作人員和經過考核合格的翻譯導遊人員。
第八條 開辦經營第三類旅行社，必須具備以下條件：
（一）有符合國家規定的旅行社章程；
（二）有固定的辦公地點或營業場所；
（三）有人民幣３萬元以上的註冊資本；
（四）有按照經營的業務範圍，向旅行者提供符合服務要求的組織能力；
（五）有熟悉旅遊業務的管理人員和服務人員。
第九條 申請開辦經營第一類業務的旅行社，地方上，應向所在省、自治區、直轄市旅遊局提出申請，報國家旅遊局審批；中央一級的部門，向國家旅遊局申請審批。
前款旅行社獲得旅遊行政管理部門的批准後，必須按照國家工商行政管理規定辦理申請登記手續；經核准，領取營業執照後，方可開業。
第十條 申請開辦經營第二類業務的旅行社，地方上，須經所在省、自治區、直轄市旅遊局審查批准；中央一級的部門，須經國家旅遊局審查批准。
前款旅行社獲得旅遊行政管理部門的批准後，必須按照國家工商行政管理規定辦理申請登記手續；經核准，領取營業執照後，方可開業。
第十一條 申請開辦經營第三類業務的旅行社，經所在地旅遊行政管理部門審查批准，並經當地工商行政管理部門核准登記，領取營業執照後，方可開業。
第十二條 第一類旅行社在國外或港澳地區設立或撤銷派駐機構，事前必須報請國家旅遊局審查批准。
第十三條 外國或港澳地區的旅行社未經國家旅遊局批准，不得在中國設立其派出機構。經過批准設立的派出機構，不得經營招徠和接待的旅遊業務。
第十四條 旅行社的基本職責是：
（一）根據國家的法律、法規和旅遊事業的方針、政策同有關經營單位簽訂合同或協定，經營旅遊業務；
（二）根據統一計畫和市場需要編制旅遊路線，進行招徠活動；
（三）按照旅行者選定的路線，安排食宿、交通、遊覽活動；
（四）為旅遊者配備必要的翻譯、導遊人員；
（五）改善經營管理，提高服務水準，聽取旅遊者的批評建議，查處本單位工作人員違章違紀的行為；
（六）經營同旅遊有關的委託代辦業務。
第十五條 旅行社同民航、鐵道、交通、飯店、汽車公司等營業部門或旅行社行業間的業務往來，應遵照《中華人民共和國經濟合同法》的規定，在平等互利、協商一致、等價有償的原則下，簽訂一定形式的經濟協定或合同。
第十六條 旅行社應嚴格遵守國家法律、法規，執行有關旅遊 工作的方針政策，嚴格財務管理制度，按照規定繳納稅款和其他費用。
第十七條 旅行社對所屬從業人員，應當加強遵紀守法、職業道德的教育和專業培訓，不斷提高從業人員的素質，以適應旅遊事業發展的需要。
第十八條 旅行社及其職工，不准向經銷旅遊商品的商店、飲食單位收取回扣或其他報酬。經銷旅遊商品的商店、飲食單位，不准付給旅行社及其職工回扣或其他報酬。違反者，主管部門應給予必要的行政或紀律處分。
第十九條 旅行社應接受旅遊、物價、稅務和工商行政部門的管理、指導、監督和檢查。
第二十條 旅行社停業關閉時，應向旅遊行政管理部門和工商行政管理部門辦理註銷手續。
第二十一條 對於認真執行本條例的規定，在改善經營管理、提高服務品質等方面作出重要貢獻，成績顯著的旅行社和職工個人，由旅遊行政管理部門給予適當的獎勵。
第二十二條 對於違反本條例的規定，未經主管部門批准和履行登記手續，擅自經營旅遊業務，私自轉讓營業執照，欺騙旅行者，非法牟利的，視情節輕重，由旅遊行政管理部門對旅行社的經理人員和直接責任者，處以罰款，或者責令旅行社停業整頓；情節嚴重的，由工商行政管理部門給予沒收非法所得、吊銷營業執照、責令停止營業的處罰。
第二十三條 本條例由國家旅遊局負責解釋。
第二十四條 本條例自發佈之日起施行。
INTERIM REGULATIONS ON THE ADMINISTRATION OF TOURIST AGENCIES
Important Notice: (注意事項)
英文本源自中華人民共和國務院法制局編譯, 中國法制出版社出版的《中華人民共和國涉外法規彙編》(1991年7月版).
當發生歧意時, 應以法律法規頒佈單位發佈的中文原文為准.
This English document is coming from the "LAWS AND REGULATIONS OF THE
PEOPLE’S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People’s Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.
Whole Document (法規全文)
INTERIM REGULATIONS ON THE ADMINISTRATION OF TOURIST AGENCIES
(Promulgated by the State Council on May 11, 1985)
Article 1
These Regulations are formulated to strengthen the administration of
tourist agencies, to protect the lawful rights and interests of tourists,
and to promote the development of the tourist industry.
Article 2
"Tourist agencies" (or tourist companies, or other similar organizations
of the same nature; the same below) refer to those enterprises which are
established according to law, have the status of legal persons, are
engaged in soliciting and receiving tourists and in organizing tourist
activities, and conduct business accounting independently.
Article 3
Tourist agencies shall, in accordance with the principle of expanding the
friendly contacts among peoples, enriching the socialist cultural life and
promoting the prosperity of socialist tourist economy, conduct operational
activities for the advancement of socialist spiritual civilization and
material civilization.
Article 4
The tourism administration department shall, in its administration of
tourist agencies, adopt the policy of unified leadership, graded
administration, and decentralized operations.
Article 5
The following terms used in these Regulations, except as otherwise
provided in the articles of these Regulations, shall convey the meanings
as defined below:
(1) "Solicit" refers to the efforts made by a tourist agency in carrying
out publicity and promotion activities both at home and abroad, as well as
the organizational work so involved, in accordance with the scope of
business approved by the competent authorities.
(2) "Receive" refers to the operational activities of a tourist agency
which, at the request of tourists, include making travel plans and
arrangements for meals, accommodation, transportation and sightseeing.
(3) "Tourism administration department" refers to the National Tourism
Administration and the tourism bureaus in various provinces, autonomous
regions, and municipalities directly under the Central Government, as well
as the corresponding administrative organs in municipalities and counties.
Article 6
Tourist agencies shall be divided into three categories according to the
scope of their business:
Category 1: Tourist agencies that handle such business as both soliciting
tourists abroad and making arrangements for foreigners, overseas Chinese,
compatriots from Hong Kong, Macao and Taiwan to come to China, or to
return to China or China’s inland, for a visit or sightseeing.
Category 2: Tourist agencies that do not solicit tourists abroad, but
handle such tourist business as making travel arrangements for those
foreigners, overseas Chinese, compatriots from Hong Kong, Macao and
Taiwan, who are received by tourist agencies of Category 1 or by other
departments with relevance to external affairs. Category 3: Tourist
agencies that handle domestic tourist business for Chinese citizens.
Article 7
Tourist agencies of Category 1 and Category 2 may register and commence
operations only under the following prerequisites:
(1) having articles of association for the tourist agency to be
established, which are in conformity with the State provisions;
(2) having a definite organization and a legal representative, a fixed
site for setting up an office and for conducting business operations, and
the necessary communication facilities;
(3) tourist agencies that handle such tourist business as both soliciting
and receiving tourists abroad shall have a registered capital of RMB
500,000 yuan or more; tourist agencies that handle only reception business
shall have a registered capital of RMB 250,000 yuan or more;
(4) having the organizing ability to provide tourists with such services
as meals, accommodation and transportation, and such services are up to
the standard; and (5) having a contingent of managerial and operational
personnel who can guarantee the quality standard of various services, can
conduct normal business operations, and are familiar with tourist
business; and having a contingent of interpreters and tourist guides who
have passed qualifications examinations.
Article 8
Tourist agencies of Category 3 may register and commence operations only
under the following prerequisites:
(1) having articles of association for the tourist agency to be
established, which are in conformity with the State provisions;
(2) having a fixed site for setting up an office and for conducting
business operations;
(3) having a registered capital of RMB 30,000 yuan or more;
(4) having the organizing ability to provide, within their scope of
business, the tourists with various services that meet the standard
service requirements; and (5) having a contingent of administrative and
service personnel who are familiar with tourist business.
Article 9
Those who wish to establish tourist agencies of Category 1, in a local
area, shall submit an application to the tourism bureau of the province,
autonomous region, or municipality directly under the Central Government
where their tourist agencies are located, and the application shall be
transmitted to the National Tourism Administration for examination and
approval; if such a tourist agency is to be established by a department at
the central level, the application shall be submitted to the National
Tourism Administration for examination and approval.
The tourist agencies mentioned in the preceding paragraph shall, after
obtaining the approval from the tourism administration department, go
through the application and registration procedures in accordance with the
State provisions concerning the administration of industry and commerce,
and start their business operations only after their applications have
been verified and approved and the business licences have been issued to
them.
Article 10
Those who wish to establish tourist agencies of Category 2, in a local
area, shall have their applications examined and approved by the tourism
bureau of the province, autonomous regions, or municipality directly under
the Central Government where their tourist agencies are located; if such a
tourist agency is to be established by a department at the central level,
the application shall be submitted to the National Tourism Administration
for examination and approval.
The tourist agencies mentioned in the preceding paragraph shall, after
obtaining the approval from the tourism administration department, go
through the application and registration procedures in accordance with the
State provisions concerning the administration of industry and commerce,
and start their business operations only after their applications have
been verified and approved and the business licences have been issued to
them.
Article 11
Those who wish to establish tourist agencies of Category 3 shall start
their business operations only after their applications have been examined
and approved by the local tourism administration department, and have been
verified and approved for registration by the local administrative
department for industry and commerce, and the business licences have been
issued to them.
Article 12
In the event that tourist agencies of Category 1 wish to establish or
withdraw their representative business offices abroad or in the regions of
Hong Kong and Macao, they must report to the National Tourism
Administration for examination and approval.
Article 13
Foreign tourist agencies, and tourist agencies in the regions of Hong Kong
and Macao, shall not be permitted to establish their representative
business offices in China without the approval from the National Tourism
Administration. Their representative business offices, after being
established with approval, shall not be permitted to handle such tourist
business as soliciting and receiving tourists.
Article 14
The basic duties of tourist agencies shall be as follows:
(1) to conclude and sign contracts or agreements with the operating units
concerned, and to handle tourist business in accordance with the laws and
regulations of the State and the principles and policies for tourist
industry;
(2) to draw up touring itineraries and to conduct soliciting activities in
accordance with the unified plan and the market demands;
(3) to make arrangements for meals, accommodation, transportation, and
sightseeing in accordance with the itineraries selected by tourists;
(4) to provide tourists with the necessary services of interpreters and
tourist guides;
(5) to improve operations and management, to raise the quality of service,
to listen to the criticisms and suggestions by tourists, and to
investigate and handle violators of rules and regulations by personnel of
their own units; and
(6) to handle commission business relating to tourism.
Article 15
With respect to business contacts between tourist agencies and such
business departments as airlines, railways, transportation, hotels and
restaurants, and automobile companies, or the business contacts between
tourist agencies, the parties concerned shall, in accordance with the
provisions of the Law of the People’s Republic of China on Economic
Contracts, conclude and sign a certain form of economic agreement or
contract, on the basis of the principle of equality and mutual benefit,
reaching unanimity through consultation, exchange at equal value and
offering services with remunerations.
Article 16
Tourist agencies shall strictly abide by the laws and regulations of the
State, implement the principles and policies relating to tourism,
strengthen the system of financial administration, and pay taxes and other
fees according to pertinent provisions.
Article 17
Tourist agencies shall strengthen the education on complying with
discipline and laws, and on professional ethics, among their employees,
and lay great stress on professional training, in order to unceasingly
improve the quality of the employees to meet the needs of the development
of tourism.
Article 18
Tourist agencies and their workers and staff members shall not be
permitted to seek and accept commission or other remuneration. Stores that
sell tourist articles and catering units shall not be permitted to pay
commission or other remuneration to tourist agencies or their workers and
staff members. The competent authorities shall impose necessary
administrative and disciplinary sanctions on those who have violated the
aforesaid provisions.
Article 19
Tourist agencies shall accept the administration, guidance, supervision
and investigation by the departments respectively in charge of tourism,
commodity prices, and taxation, and by the administrative department for
industry and commerce.
Article 20
In case a tourist agency wishes to wind up its business operations, it
shall submit an application to the tourism administration department and
the administrative department for industry and commerce and go through the
procedures for cancellation of its registration.
Article 21
Tourist agencies and the individuals of their workers and staff members
that have carried out the provisions of these Regulations conscientiously,
and have made important contributions to the improvement of operations and
management, or to the improvement of the quality standard of services,
shall be duly awarded by the tourism administration department.
Article 22
With respect to those who have violated the provisions of these
Regulations and conducted tourist business operations presumptuously
without the approval by the competent authorities, and without going
through the procedures for registration, and those who, without
authorization, have transferred their business licences to others, have
cheated tourists, or have sought profits by illegal means, the tourism
administration department shall, depending on the seriousness of the case,
impose a fine on the managerial personnel of the tourist agency concerned
or on the person directly held responsible or order the tourist agency
concerned to cease its business operations for rectification; with respect
to serious cases, the administrative department for industry and commerce
shall confiscate the illegal gains of the violator(s), revoke
his/her/its/their business licence(s), and order the violator(s) to cease
business operations.
Article 23
The right to interpret these Regulations shall reside in the National
Tourism Administration.
Article 24
These Regulations shall go into effect on the date of promulgation.
【時效】：失效
【序號】：2505