Tourism Law of the People’s Republic of China – Chapter IX

By | April 29, 2013

Chapter I General Provisions
Chapter II Tourist
Chapter III Tourism planning and promotion
Chapter IV Tourism operation
Chapter V Travel Services Contract
Chapter VI Tourism Safety
Chapter VII Travel Supervision and Administration
Chapter VIII Tourism Disputes Handling
Chapter IX Legal Liability
Chapter X Supplementary Provisions

Article 95. In case of operating agency business in violation of the provisions of this Law and without permissions, tourism authorities or the administrative department for industry and commerce shall order to make corrections, confiscate the illegal income, impose a fine of between 10,000 and 100,000 yuan; in case illegal income reaches 100,000 or more, a fine of 100% to 500% of the illegal income shall be imposed; in respect of persons responsible, a fine of RMB 2,000 – 20,000 per person shall be imposed.

Travel agents in violation of the provisions of this Act, and operate business under 2nd and 3rd subparagraph of 1st paragraph of Article 29, or lease, or lend the travel agency business license, or illegally transfer the travel agency business license, in addition to penalties in accordance with the provisions of the preceding paragraph, the business shall be ordered to suspend for rectification; in case circumstance is serious, travel agency business license shall be revoked; directly responsible person in charge shall be imposed a fine of RMB 2,000-20,000.

Article 96. In case travel agencies violated of the provisions of this Law by engaging at one or more of the following acts, tourism authorities shall order to correct the behaviors and confiscate the illegal income, impose a fine of RMB 5,000-50,000; in case circumstances are serious, business shall be order to be suspended for rectification or travel agency business license be revoked; persons directly in charge and other directly responsible personnel shall be imposed with a fine of RMB 2,000-20,000:

(A) Leader or tour guide is not arranged in accordance with the provisions to accompany the border exit or entry or to accompany the team during the whole tour;

(B) Tour guide service or tour escort service is provided by tour guides or tour escorts who have not obtained a tour card or tour escort pass;

(C) Temporarily employed tour guide is not paid for the tour guide service provided;

(D) Tour guide is requested to pay fees in advance or fees is charged for tour guide to provided tour guide service.

Article 97. In case travel agencies violated of the provisions of this Law by engaging at one or more of the following acts, tourism authorities shall order to correct the behaviors and confiscate the illegal income, impose a fine of RMB 5,000-50,000; in case the illegal income exceeds RMB 50,000, a fine of 1-5 times of the illegal income shall be imposed; in case circumstances are serious, business shall be order to be suspended for rectification or travel agency business license be revoked; persons directly in charge and other directly responsible personnel shall be imposed with a fine of RMB 2,000-20,000:

(A) False propaganda misleading the tourists;

(B) Order products and services from unqualified suppliers;

(C) Travel agency does not purchase travel agency liability insurance in accordance with the provisions.

Article 98. In case travel agencies violated of the article 35 of this Law, tourism authorities shall order to suspend the business and correct the behaviors, the illegal income shall be confiscated, a fine of RMB 30,000-300,000 shall be imposed; in case the illegal income exceeds RMB 300,000, a fine of 1-5 times of the illegal income shall be imposed; in case circumstances are serious, travel agency business license be revoked; in respect of persons directly in charge and other directly responsible personnel, illegal income shall be confiscated and the persons shall be imposed with a fine of RMB 2,000-20,000 and the relevant our card or tour escort pass shall be revoked.

Article 99. In case travel agencies violated the reporting obligation stipulated in the Ariticle 55 of this Law, tourism authorities shall impose a fine of RMB 5,000-50,000;  in case of serious circumstances, travel agency business license be revoked or

shall order to suspend the business and correct the behaviors, the illegal income shall be confiscated, a fine of RMB 30,000-300,000 shall be imposed; in case the illegal income exceeds RMB 300,000, a fine of 1-5 times of the illegal income shall be imposed; in case circumstances are serious, business shall be order to be suspended for rectification or travel agency business license shall be revoked; persons directly in charge and other directly responsible personnel shall be imposed with a fine of RMB 2,000-20,000 and the relevant our card or tour escort pass shall be revoked or suspended.

Article 100. In case travel agencies are in violation of the provisions of the following acts, business shall be order to be suspended for rectification with a fine of RMB 30,000-300,000; in case serious results are caused such as tourist being stranded, travel agency business license shall be revoked; persons directly in charge and other directly responsible personnel shall be imposed with a fine of RMB 2,000-20,000 and the relevant our card or tour escort pass shall be revoked or suspended:

(A) Alter travel tour arrangements resulting in serious damage to the interests of tourists;

(B) Refuse to perform the contract;

(C) Entrust other travel agencies to fulfill the package tour contract without the consent of the tourists.

Article 101. Travel agencies arrange tourists to visit or participate tours or activities in violation of this Law, regulations and public morality, business shall be order to be suspended for rectification, illegal income shall be confiscated, a fine of RMB 20,000-200,000 shall be imposed
in case circumstances are serious, travel agency business license shall be revoked; persons directly in charge and other directly responsible personnel shall be imposed with a fine of RMB 2,000-20,000 and the relevant tour card or tour escort pass shall be revoked or suspended.

Article 102. In violation of this Law, tour guides or tour escort offering tour guides or tour escorts services but without relevant tour card or tour escort pass , business shall be order for rectification, illegal income shall be confiscated, a fine of RMB 1,000-10,000 shall be imposed and should be exposed to public.

Tour guides, tour escorts in violation of this Law privately take business, tourism authorities shall order to make corrections, illegal income shall be confiscated, a fine of RMB 1,000-10,000 shall be imposed, relevant our card or tour escort pass shall be revoked or suspended.

Article 103. In violation of this Law, in case tour card or tour escort pass have been revoked, management under the travel agency the license of which has been revoked, application for new tour card, escort pass or operating tourist business shall not be allowed.

Article 104. In violation of this Law, in respect of tour operators giving or accepting bribes, operators shall be punished by administrative department for industry and commerce in accordance with the relevant laws and regulations; in case circumstances are serious, travel agency business license shall be revoked.

Article 105. Scenic site accepting tourists but not qualified for opening in accordance with this Law, scenic authorities shall order to suspend business for rectification until it meets the conditions of opening, a fine of RMB 20,000-200,000 shall be imposed.

Scenic site accepting a maximum carrying capacity of tourists, in case no announcement is made to the local people’s government in accordance with the provisions of this Law or not taking diversion measures, or accepting more than the maximum carrying capacity, scenic site shall be ordered by the scenic authorities for corrections, the circumstances are serious, shall be ordered to suspend business for rectification month to six months.

Article 106. Scenic site in violation of the provisions of this Law, raises ticket price or adopts other charges, or other price violations, shall be punished by the competent authorities in accordance with relevant laws and regulations.

Article 107. Tour operators in violation of the management of production safety and fire safety management laws, regulations or national standards, industry standards, shall be punished by the competent authorities in accordance with the provisions of relevant laws and regulations.

Article 108 Tour operators and their employees in violation of this law shall be recorded in the credit files and open to the public by tourism authorities and relevant departments.

Article 109. Tourism authorities and other relevant departments who fail to perform the regulatory functions, or abuse of power, dereliction of duty, but a crime is not formed, shall be punished.

Article 110 Action in violation of the provisions which constitutes a crime, shall be held criminally responsible.

This English version of the “Tourism Law of the People’s Republic of China” was translated by ChinaAbout.net editors for reference only.

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