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Article 1. The present Measures have been formulated for the purpose of regulating the tours of the Chinese citizens going abroad organized by tour agencies and safeguarding the lawful rights and interests of those people touring abroad and the business operators of overseas tour managers. Article 2. The destination countries of the overseas tour shall be subject to the suggestion of the administrative department of the State Council in charge of tourism and other relevant departments of the State Council, which shall be make public by the administrative department of the State Council in charge of tourism upon the approval of the State Council. No entity or individual may organize Chinese citizens to tour in any of the countries other than the destination countries as make public by the administrative department of the State Council in charge of tourism. It shall be subject to the approval of the administrative department of the State Council in charge of tourism to organize Chinese citizens to engage in temporary tours including sports and cultural activities in any of the countries other than the destination countries made public by the administrative department of the State Council in charge of tourism. Article 3. A tour agency that is engaged in the overseas tour business shall meet the following conditions: (1) It is up to one year after obtaining the qualifications of an international tour agency; (2) It has made outstanding achievements in managing the entry tour business; and (3) It has no record of serious illegal activities or service quality problems during the period of business operation. Article 4. A tour agency applying for engaging in the overseas tour business shall file the application to the administrative department of tourism of the competent province, autonomous region or municipality directly under the Central Government in charge of tourism. The administrative department of the province, autonomous region or municipality directly under the Central Government in charge of tourism shall, within 30 working days after receiving the application, complete the examination over the application according to Article 3 of the present Measures concerning its conditions. If it consents to the application, it shall submit it to the administrative department of the State Council in charge of tourism for approval. If it does not consent, it shall inform the applicant in written form and state the reasons. The approval granted by the administrative department of the State Council in charge of tourism to the tour agencies to engage in overseas tour business shall conform to the development planning of the tourist industry as well as the requirement of reasonable distribution. No entity or individual that obtains the qualifications for engaging in the overseas tour business without the approval of the administrative department of the State Council in charge of tourism may be unlawfully engaged in the overseas tour business or in disguised forms including for business, inspection, training, etc. Article 5. The administrative department of the State Council in charge of tourism shall make public the tour agencies that have been granted the qualifications to engage in the overseas tour business (hereinafter referred to organizing tour agencies) and inform other relevant departments of the State Council. Article 6. The administrative department of the State Council in charge of tourism determines, before the end of each February, the total number of tourists going abroad for the year according to the national performance of entry tours of the previous year, the increase of destinations for overseas tours and the trend of development of overseas tour, and distribute the number to the administrative department of the provinces, autonomous regions and municipalities directly under the Central Government in charge of tourism. The administrative department of the provinces, autonomous regions and municipalities directly under the Central Government in charge of tourism shall report, before the end of each March, the planned number of overseas tourists organized by the organizing tour agencies for the year according to the entry tour performances, business capacity, and service quality of the organizing tour agencies within their respective jurisdictions, and on the basis of the principles of fairness, justice and openness. The administrative department of the State Council in charge of tourism supervises the overseas tours of the citizens organized by the organizing tour agencies according to the planned number of overseas tourists of the organizing tour agencies ratified by the administrative department of the provinces, autonomous regions and municipalities directly under the Central Government in charge of tourism for the year. Article 7. The administrative department of the State Council in charge of tourism uniformly prints the List for Organizing Oversea Tours of Chinese Citizens (hereafter "the Tour List"), give a serial number to each organizing tour agency when determining the number of overseas tourists for the year and distribute it to the administrative department of the provinces, autonomous regions and municipalities directly under the Central Government in charge tourism so that they further distribute it to the organizing tour agencies. The organizing tour agencies shall organize tourist groups to go abroad according to the ratified number of overseas tourists, and fill in a Tour List. Any tourist and the group leader who goes abroad for the first time or further times shall be included in the Tour List, and no extra tourists may be added to the List without approval. Article 8. The Tour List shall be in four sheets: one for the special exit and frontier defense inspection, another for the special entry and frontier defense inspection, still another for the examination of relevant administrative department in charge of tourism and the last one for the own use of the tour agency. The organizing tour agencies shall submit the Tour List to relevant departments for inspection and archivist files according to relevant provisions after the tourist group goes out of or comes into China. The exchange of foreign currency shall be done by the tourists themselves according to the relevant provisions of the state. Article 9. A tourist who holds a valid ordinary passport may go through the procedures of overseas tours at the organizing tour agency. If the tourist does not have a valid ordinary passport, he shall apply for a passport according to the Measures of the People's Republic of China on the Administration of Entry and Exit of Citizens before he goes through the procedures for touring abroad. The organizing tour agencies shall obtain visas for the tourists for going to the countries of destination. Article 10. A full group leader shall be arranged by the organizing tour agency for the tourist groups. The group leader shall obtain a certificate of group leader by passing the examinations of the administrative department of the competent province, autonomous region or municipality directly under the Central Government in charge of tourism. When leading a tourist group, the group leader shall wear his or her certificate of group leader and abide by the provisions of the present Measures and other relevant provisions of the administrative department of the State Council in charge of tourism. Article 11. The tourist groups shall leave the country with all members at the open ports of the country. When leaving or entering the country, a tourist group shall accept the inspection of the frontier inspection stations concerning the passports, visas and the Tour List. A tourist group may, upon the approval of relevant departments of the State Council, apply for visas or exempting from visas at the destination country according to the relevant provisions of the destination country. If the tourist group has decided to enter the country in sub-groups before leaving the country, the organizing tour agency concerned shall report in advance to the General Station for Exit and Entry and Frontier Inspection or the provincial department in charge of public security and frontier defense for archivist purposes. If it is necessary for a tourist group to enter China after leaving China due to force majeure or other special reasons, the group leader shall inform the organizing tour agency in time, and the organizing tour agency shall immediately inform the General State for Exit and Entry and Frontier Inspection or the provincial department in charge of public security and frontier defense for archivist purposes. Article 12. The organizing tour agencies shall safeguard the lawful rights and interests of the tourists. The information provided by the organizing tour agencies concerning the overseas tours shall be truthful and authentic. They may not make false advertisements, and their quotations may not be lower than their costs. Article 13. To accept the business of touring abroad, the organizing tour agency concerned shall enter into written tourist contracts with the tourists. A tourist contract shall include such content as the time of starting and ending the overseas tour, itinerary, prices, boarding and accommodation, traffic, liabilities for breach of contract, etc. A copy of the tourist contract shall be kept by the organizing tour agency and the tourists. Article 14. The organizing tour agencies shall provide services to the tourists according to the conditions stipulated in the tourist contracts. The organizing tour agencies shall guarantee that the services provided thereby are in conformity with the requirements for safeguarding the personal and property safety of the tourists. They shall inform the tourists truthfully and warn them explicitly of any circumstance that may endanger the personal safety of the tourists, and shall take effective measures for avoiding harms. Article 15. To organize overseas tours, the organizing tour agencies shall select those tour agencies with good credit standing and lawfully established in the destination country (hereafter "foreign tour agencies") and enter into written contracts with them before entrusting them with the reception services. Article 16. The organizing tour agency and the group leader of the tourist groups thereof shall demand the foreign tour agencies to make tourist arrangements according to the stipulated activities of the tourist groups, and demand them to keep away from arranging the tourists to take part in any activity involving sex, gambling, or drug or any dangerous activities, not to change without authorization the itineraries, reduce any tourist items, or force explicitly or in a disguised form any of the tourists to take part in any extra paid items. Any foreign tour agency that violates any of the requirements made by the group leader of the tourist groups mentioned above shall be stopped by the organizing tour agency and the group leader thereof. Article 17. The group leaders of the tourist groups shall introduce the relevant laws, folk customs and other points of attention of the destination country, and shall respect the personal dignity, religious belief and social customs of the ethnic groups and the customs of life of the tourists. Article 18. The group leaders of the tourist groups shall, when leading the tours and sightseeing of the tourists, inform truthfully and warn explicitly the tourists of any circumstance that may endanger the personal safety of the tourists, and shall take effective measures demanded by the organizing tour agencies to prevent any harm from happening. Article 19. When any tourist group encounters any special difficulty or safety problems in a foreign land, the group leaders shall inform the organizing tour agencies and the Chinese embassies or consulates to these countries in good time. The organizing tour agencies shall inform the administrative department in charge of tourism and the public security organs in good time. Article 20. No group leader of the tourist groups may collude with any foreign tour agency, tourist guide or other business operator that provides any commodity or other services to tourists in cheating or coercing the tourists into consumption, or solicit any kickback, commission or property from any foreign tour agency, tourist guide or other business operator that provide commodities or services to the tourists. Article 21. The tourists shall abide by the laws of the destination countries, respect the folk customs of the local places and obey the uniform administration of the group leaders of the tourist groups. Article 22. It shall be forbidden for any tourist to stay abroad without coming back. In case any tourist refuses to come back, the group leader of the tourist group concerned shall inform the organizing tour agency and the Chinese embassy or consulate to the country concerned in good time, and the organizing tour agency shall inform the public security organ and the administrative department in charge of tourism in good time. The organizing tour agencies shall be obliged to provide assistance in the relevant departments' handling of relevant matters. Article 23. Any tourist shall be entitled to complain to the administrative department of any act of the organizing tour agency or the group leader that violates any of the provisions of the present Measures. Article 24. In case any organizing tour agency or any foreign tour agency entrusted thereby breaches the contract so that the lawful rights and interests of the tourists are damaged, the organizing tour agency shall be responsible for compensating the tourists according to law. Article 25. In any of the following circumstances, the administrative department in charge of tourism may suspend the business of organizing overseas tours of the organizing tour agencies. If the circumstances are serious, the organizing tour agency involved may be disqualified from the business of overseas tours: (1) The entry tourist performances has decreased; (2) Failing to engage in the normal operation of overseas tours within the recent one year due to its own reasons; (3) Having been complained for problems in overseas tours quality which has been affirmed after investigations; (4) Being involved in foreign exchange evasions or illegal trading of foreign exchange; (5) Obtaining passports, visas, etc. or sending other people abroad in the name of overseas tours; or (6) Other acts that are deemed by the administrative department of the State Council in charge of tourism as affecting the order of overseas tours of Chinese citizens. Article 26. Any entity or individual who violates the provisions of Article 4 of the present Measures by engaging in the overseas tourist business without approval or in disguised forms such as for business, investigations, training, etc. shall be ordered by the administrative department in charge of tourism to terminate the illegal business operation with its illegal proceeds being confiscated and be fined not less than 2 times but not more than 5 times the illegal proceeds. Article 27. Any organizing travel agency who violates the provisions of Article 10 of the present Measures by failing to arranging for a full-time group leader for any tourist group shall be ordered by the administrative department in charge of tourism to mend up, and be fined not less than RMB5,000 but not more than RMB20,000. The qualifications of the organizing travel agency involved to engage in the overseas tourist business may also be suspended. If it fails to arrange for group leaders for a number of times, it may be disqualified from engaging in the overseas tourist business. Article 28. Any organizing travel agency who violates the provisions of Article 12 of the present Measures by providing false service information to the tourists or by making quotations lower than the relevant costs shall be punished by the administration for industry and commerce according to the relevant provisions of the Consumer Protection Law of the People's Republic of China and the Anti-Unfair Competition Law of the People's Republic of China. Article 29. Any organizing travel agency or group leader of any tourist group who violates the provisions of Article 14 (2) and Article 18 of the present Measures by failing to inform truthfully or warn explicitly the tourists of the circumstances that may endanger personal safety or failing to take effective measures to avoid dangers shall be ordered by the administrative department in charge of tourism to mend up and be given a warning. If the circumstances are serious, the qualifications of the organizing travel agency concerned to engage in the overseas tourist business may be suspended and the organizing travel agency may be fined not less than RMB5,000 but not more than RMB20,000, and the certificate of the group leader may be suspended or even be canceled. If any accident of personal injury or damage has resulted, the relevant people who are held to be responsible shall take criminal liabilities and making compensations. Article 30. In case any organizing travel agency or group leader violates the provisions of Article 16 of the present Measures by failing to demand the foreign travel agencies concerned not to arrange for any activity involving sex, gambling or drug or any dangerous activities, failing to demand them not to change without authorization the itinerary, tourist items, or to force explicitly or in disguised forms the tourists to take part in extra paid items, or when the foreign travel agencies involved violate the aforementioned requirements without being stopped, the administrative department in charge of tourism may impose a fine of not less than 2 time but not more than 5 times the fees charged by the travel agency that has organized the tourist group, and suspend its qualifications for engaging in the overseas tourist business, and the suspend the certificate of the group leader involved. If foul effects have resulted, the organizing travel agency involved may be disqualified from engaging in the overseas tourist business, and the certificate of the group leader involved may be canceled. Article 31. Any group leader who violates the provisions of Article 20 of the present Measures by colluding with any foreign reception travel agency, tourist guide or other business operator that provides commodities or services to the tourists in cheating or coercing the tourists to consume or soliciting kickbacks, commissions or other property from any foreign reception travel agency, tourist guide or other business operator that provides commodities or services to the tourists shall be ordered by the administrative department in charge of tourism to mend up, and the solicited kickbacks, commissions or properties shall be confiscated; in the meanwhile, he shall be imposed upon a fine of not less than 2 times but not more than 5 times the value of the kickbacks, commissions or properties solicited. If the circumstances are serious, the certificate of group leader involved shall be canceled. Article 32. If any tourist who violates the provisions of Article 22 of the present Measures by staying abroad and refusing to return to China and the group leader involved fails to inform the organizing travel agency or the Chinese embassy or consulate to the country in good time, or if the organizing travel agency fails to inform the relevant departments in good time, the administrative department in charge of tourism shall give warnings to them, the certificate of the group leader involved may be suspended, and the organizing travel agency may be suspended from engaging in the overseas tourist business. The passport of the tourist who stays abroad and refuses to return but is repatriated to China shall be canceled by the public security organ. Article 33. The present Measures shall take effect as of July 1, 2002. The Interim Measures on the Administration of the Overseas Tours of the Chinese Citizens at Own Expenses which had been ratified by the State Council on March 17, 1997 and promulgated on July 1, 1997 by the State Administration of Tourism and the Ministry of Public Security shall be repealed simultaneously. |
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