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NOTICE OF CHINA NATIONAL TOURISM ADMINISTRATION ON STRENGTHENING THE ADMINISTRATION OF CHINESE CITIZENS' OUTBOUND TOURISM |
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(August 27, 2003) |
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SUBJECT : CHINESE CITIZENS' OUTBOUND TOURISM |
ISSUING DEPARTMENT : NATIONAL TOURISM ADMINISTRATION OF THE PEOPLE'S REPUBLIC OF CHINA |
ISSUE DATE : 08/27/2003 |
IMPLEMENT DATE : 08/27/2003 |
LENGTH : 2,257 words |
TEXT : |
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After the "National Symposium on Resuming and Invigorating Tourism" was held, the tourism administrations at all places have earnestly and actively carried out the spirit of the symposium, as a result the tourist market is beginning to recover. In order to strengthen the supervision over the market order in the resumption of outbound tours, stop the re-appearance of some acts in violation of laws or rules, the National Tourism Administration has proposed some requirements on further strengthening the administration of outbound tour market. The tourism administrations at all places are requested to, in light of the local actual situation, earnestly do well in the administration of outbound tour market.
I. IMPORTANCE AND NECESSITY OF STRENGTHENING THE ADMINISTRATION
The outbound tour business for Chinese citizens has been quickly developed since its formal carrying-out in 1997. At present, there are already 24 countries and regions in which the group-organizing business has been carried out. In 2002, Chinese citizens of outbound tours reached 16,600,000 person-times, which met the demands in tourism consumption adequately, and promoted the development of China's tourism industry. Meanwhile, it played an active role in enhancing unofficial exchanges between China and foreign countries and improving China's international image and status. In order to promote the healthy and orderly development of outbound tours, the tourism administrations at all levels have intensified greater efforts in rectifying and administering the outbound tour market in recent years, and have made achievements. However, there is unregulated operation in the tourist market in a large extent. At present, some conspicuous problems include: soliciting tourists in excess of business scope, committing price frauds with false advertisements, engaging in operation by means of "Zero and Negative Group Fee" which is a serious problem existing in a large extent, discretionally increasing items at tourists' own expenses, cajoling tourists into consuming commodities and inducing tourists to take part in mentally unhealthy activities, which do not stop despite repeated prohibitions. These acts have endangered the lawful rights and interests of the tourists, seriously impacted the healthy resumption and invigoration of the outbound tour market, and also have damaged the images of the State and of the state tourism. To these problems, the tourism bureaus at the provincial level should pay great attention, be profoundly aware that strengthening the administration is both a work issue of regulating the order of the tourist market, and a political issue of maintaining the State's image, and should fully recognize the importance and necessity of strengthening the administration of outbound tour market by focusing on the need to be political-minded and of practicing the important ideology of the "Three Represents". They should, with an attitude of being highly responsible to the State and also the tourists, foster overall outlooks, overcome the mind of being afraid of difficulty, and deeply implement the spirit of the "National Symposium on Resuming and Invigorating Tourism". They should also, in combination with the local actual situation, take effective measures, make devoted efforts, and earnestly strengthen the administration of outbound tour market.
II. FOCUSING ON SOLVING THE KEY PROBLEMS AND MAKING GREAT EFFORTS IN MAJOR LINKS
(1) Strengthening the administration of group-organizing agencies by the firm implementation of the "Six Prohibitions". All tourism bureaus at the provincial level should strictly apply the "Six Prohibitions" of the National Tourism Administration, namely, travel agencies engaging in outbound tour are prohibited from engaging in operation in excess of business scope, prohibited from organizing travels to unopened destination countries, prohibited from setting up business relations with unapproved overseas travel agencies, prohibited from shopping beyond plan, prohibited from compelling the tourists to accept travel items at their own expenses, and prohibited from inducing tourists to go to the mentally unhealthy entertainment places. Such tourism bureaus should strengthen the supervision of the group-organizing agencies under their respective jurisdictions in an all-round way. First, they should organize the legal representatives and general managers of the group-organizing agencies within their respective jurisdictions to receive education and trainings on "Six Prohibitions", so as to grasp the requirements thereof. Second, they should conclude the "Responsibility Letter" with the group-organizing agencies of outbound tour, and make announcement to the public, while the group-organizing agencies should publicly commit to implement the "Six Prohibitions". Third, they should strictly examine the qualifications of the group leaders and hold trainings, as well as require that the group-organizing agencies must formulate the "Responsibility System for Leading A Group Abroad" to clarify the responsibilities of the group leaders in their implementation of the relevant requirements in "Six Prohibitions", and also establish the joint liability system between the group-organizing agencies and the group leaders. Fourth, they should conduct follow-up administration on the implementation of "Six Prohibitions" by the group-organizing agencies, set up archives on the credit and operation of the group-organizing agencies, circularize the acts in violation of "Six Prohibitions" and announce such acts to the public, as well as severely punish those violating laws or rules, together with the relevant departments.
(2) Intensifying the supervision over the order of the outbound tour market by focusing on the rectification of "Zero and Negative Group Fee". "Zero and Negative Group Fee" is a kind of abnormal operation, which is an important cause leading to the disorderliness of the outbound tour market. Therefore, all tourism bureaus at the provincial level must make up their mind to rectify it, and regulate the order of the outbound tour market through strict administration. First, the group-organizing agencies are required to make self-examination and self-correction, carefully find whether they are involved in "Zero and Negative Group Fee", and make self-examination reports to the provincial or municipal tourism bureaus. An enterprise which is poor in self-examination and self-correction, or conceals its problems and does not correct its errors, should be ordered by the provincial or municipal tourism bureau to make rectification within a time limit; if the circumstance is serious, its qualification for engaging in outbound tour business should be cancelled by the National Tourism Administration. Second, all the contracts and advertisements should be cleared up thoroughly. The tourism administrations at all places should actively coordinate with the administrations for industry and commerce to have a general survey on the outbound tour advertisements in local markets, firmly eliminate the advertisements with price frauds or inauthentic contents, and punish the group-organizing agencies with conspicuous problems. Meanwhile, the relevant administrative powers should be arranged to amend and improve the outbound tour contracts of the group-organizing agencies under their administrations, so as to indicate the true itineraries, activity items, prices and service standards, etc. in the contracts. Third, the administration of the items at tourists' own expenses should be strengthened, and the group-organizing agencies must submit the items at tourists' own expenses in outbound tour to the tourism bureau at the provincial level for record; the authentic contents and prices of various items at tourists' own expenses in outbound tour should be announced to the public and the tourists; the tourists should be entitled to independently choose the items at their own expenses and include them in the "Itinerary Arrangements" of the contract; the group leaders should be liable for the items at tourists' own expenses, which are arranged beyond plan. Each group-organizing agency should, in accordance with the above provisions, formulate its own rules such as management measures for items of traveling abroad at tourists' own expenses, and should implement them strictly, so as to ensure that the items at tourists' own expenses be lawful, the contents public, the price reasonable, and the choice independent.
(3) Earnestly strengthening and regulating the administration of border travel by attaching importance to the implementation of the Interim Measures for the Administration of Border Travel in an all-round way. The Interim Measures for the Administration of Border Travel promulgated by the National Tourism Administration is the basis for the tourism administrations at all places to administer the border travel, and the relevant provinces and autonomous regions should further strengthen the administration of the border travel in accordance with these "Measures", put in order the currently disordered situation on the border travel. First, the routes of unapproved border travel should be cleared up, and agencies with adequate conditions should apply to the National Tourism Administration for approval. Second, the border travel group-organizing agencies within the administration region should be carefully cleared up, and those without approval or with serious problems should cease their business operation. Third, the uniform "Name List of Border Travel Groups" should be made, which should be distributed, examined and affixed with a seal by the prefecture or city tourism bureau. Fourth, the administration of border travel group leaders should be strengthened. The provincial tourism bureaus or the authorized prefecture or city tourism bureaus should, after examining and training the group leaders recommended by the border travel group-organizing agencies, issue the ¡°Certificate For Leading A Group¡± uniformly made by the National Tourism Administration. Fifth, the administration of border travel service quality should be strengthened to improve the service level.
(4) Improving the outbound tour service quality by means of giving impetus to standardized management. In order to further improve the overall capability and service quality of the group-organizing agencies of outbound tour, ensure the lawful rights and interests of tourism operators and tourism consumers, lead the outbound tour market to a healthy and orderly development, the National Tourism Administration has distributed the Notice on Experimenting on the Work for the Service Quality of Group-Organizing Agencies of Outbound Tour to Reach the Required Standards (No. 8 [2003] of the National Tourism Administration). All tourism bureaus at the provincial level should, as required by the ¡°Notice¡±, actively organize the group-organizing agencies to publicize and implement the standards in the ¡°Outbound Tour Service Quality for Travel Agency¡±, intensify the supervision and regulation of the product design, service requirements and service quality of outbound tour, and give impetus to the improvement of the outbound tour service level.
III. TAKING EFFECTIVE MEASURES TO GUARANTEE THE IMPLEMENTATION
(1) The local tourism bureaus should assume the responsibilities, and implement the responsibility system. Pursuant to the principle of regional administration of outbound tour, all tourism bureaus at the provincial level should be responsible for carrying out the daily administration on the group-organizing agencies under their respective administrations. Therefore, all tourism bureaus at the provincial level should earnestly assume the responsibilities, strengthen the leadership and coordination, formulate the specific opinions for implementation and working plans, determine the key points of their work, clarify their work duties, as well as form the administrative situation that the leaders and the staff are of one mind, they accord with each other in their work, and responsibilities are properly assumed through the implementation level by level.
(2) Strengthening the publicity, and creating a good social environment. All tourism bureaus at the provincial level should, by various means, systematically and continuously organize the publicity for Chinese citizens to travel abroad. They should actively cooperate with the news media to educate the tourists to foster healthy and good-mannered tourism ideas, consciously maintain the market order, and resist various unhealthy and bad-mannered acts. They should initiatively exert the functions of supervision by public opinion, disclose the typical cases in positive and negative respects, and the danger of operation in violation of rules, promote the awareness of tourists to maintain their own rights and to improve their ability of distinguishing right from wrong. They should, in combination with the local actual situation, work out the instructions for traveling to the main destination countries, introduce the necessary knowledge, regulations and remarks, and distribute them to the group-organizing agencies and the tourists, so as to regulate the enterprises' operation and the tourists' consumption, and reach the purposes of making the enterprises operate lawfully and the tourists consume rationally and clearly.
(3) Intensifying greater investigation efforts, and severely punishing the acts in violation of laws or rules. The functions of administrative departments, and of tourism supervision and quality supervision sectors should be given full scope to coordinate with the relevant industries and departments, and greater efforts should be intensified to investigate various acts in violation of laws or rules in the outbound tour market. The laws must be strictly enforced, and the lawbreakers must be prosecuted, so that a high-pressure situation may be formed to rectify the outbound tour market. The tourism administrations at all places should organize the relevant administrative powers to carry out frequent inspections on the outbound tour market. The National Tourism Administration should, pursuant to the principles of combining domestic inspections with ones abroad as well as combining public inspections with secret ones, regularly and irregularly inspect the outbound tour markets at all places.
(4) Improving the system of request for instruction and of report. Since the group-organizing business of outbound tour and the administration of markets involve many questions and are strongly based on policies, the tourism administrations at all places should timely request for instructions and make reports on the key points and difficulties they meet in the implementation of the present Notice, and may not discretionally breach the policy limit.
The tourism administrations at all places are required to timely transmit the present Notice to the group-organizing agencies under their respective administrations for earnest implementation. The tourism administrations at all places should, by the end of this year, achieve all the work requirements proposed in the present Notice. The implementation of the present Notice by all group-organizing agencies should be taken as the important basis for the next round of adjustment to the group-organizing agencies. The tourism administrations at all places should timely report the implementation to the National Tourism Administration.
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