Chapter I General Provisions
Article 1 The rules is enacted to protect and reasonably develop and utilize the tourism resources, guarantee the legal interest and right of tourists and tourism operators, safeguard the order of the tourism market and promote the tourism to develop healthily.
Article 2 Any organization or individual that develop tourism resources, engage in the tourism operation and tourism activities and carry out tourism administration should observe the rules.
Article 3 The tourism in the rules refers to the industry offering traffic, sightseeing, accommodation, catering, shopping, cultural and recreation services by means of taking advantage of tourism resources and service facilities.
Article 4 In the practice of developing tourism, the principle of opening up, high quality and efficiency should be stuck to.
Article 5 Efforts should be made to enlarge the opening up, encourage and support various economic elements to invest in and develop the tourism resources in various forms. Those who engage in the tourism operation will enjoy the preferential policies of the state and the autonomous region in line with the related regulations.
Article 6 The principle combining strict protection, rational development and sustained utilization of tourism resources should be struck to so as to realize the sustainable development of the tourism.
Article 7 The practice of developing tourism should highlight the regional characters such as snow-capped mountains, grassland, forest, lake, rivers, wetland, wild animals and plants, history and culture and folk customs and ethnic features.
Efforts should be made to develop industrial and agricultural-featured tourist products and enhance the diversification and improvement of the tourist products.
Article 8 The people¡¯s government and tourism administrations at various levels should encourage and support the urban citizens, farmers and herdsmen to engage in and participate in tourism operation and offer high quality services and preferential policies to them.
Article 9 The people¡¯s government at various levels should enforce guidance to the tourism, and establish a coordinative and efficient mechanism with the related departments to ensure the harmonious development of tourism with related industries.
Article 10 The people¡¯ s governments at various levels should put the tourism into the national economic and social development plan to make unified planning and ensure necessary investment, enforce the infrastructure building, enlarge the publicity and promotion so as to develop the tourism in an all-round way.
Article 11 The tourism administration of the autonomous region government takes charge of the tourism planning, administration and supervision works of the whole autonomous region.
The tourism administrations of city (prefecture) and county (city and district) people¡¯s governments take charge of the tourism planning, administration and supervision of the administrative areas.
The administrations at various levels should do a good work for the administration and service in line with their function definition.
Article 12 The tourism administration of the autonomous region should execute the following responsibilities:
(I) To carry through the tourism laws, regulations and industrial standards, study and map out the long term and annual planning of tourism development and organize the implementation of the plans;
(II) To enforce the tourism administration, foster and develop the tourism market together with the related departments, improve the management and service systems to exert the self-discipline of industrial associations;
(III) To direct the development and utilization of tourism resources, carry out grade assessment to the scenic spots and tourism publicity and important promotion of the region;
(IV) To coordinate the tourism traffic and transport in conjunction with the related departments, coordinate and direct the production and sales of tourism commodities and the implementation of the tourism recreation;
(V) To assess and issue the certificate to the tourism practitioners and map out the tourism service standards;
(VI) To enforce the education of patriotism, legal system and occupational ethic to the tourism practitioners and occupational skill training so as to improve the service quality and the comprehensive quality of the practitioners;
(VII) To compose the standard uniform commentary for the key cultural scenic spots and timely revise the commentary;
(VIII) To supervise and inspect the tourism security and service quality, handle the complaining of the tourists to protect the legal right and interests of the tourists.
Chapter II Development and protection of tourism resources
Article 13 The tourism administrations at various levels should carry out survey and assessment to the tourism resources in conjunction with the related departments, demonstrate scientifically, map out the tourism development planning and render the planning to the tourism administration of upper level for approval. Upon the planning is approved by the people¡¯s government of the same level, the tourism administration should organize the implementation of the planning;
The development planning of tourism should be harmonious with the overall planning of the land utilization, the overall urban planning, the ecological environment building planning, the natural reserve planning, the landscape and well-known scenic spot planning and the cultural relic protection.
Article 14 The practice of newly building, reconstructing and extending the scenic spots and tourism infrastructures should be done in accordance with the tourism development planning and tourism resource development planning of the autonomous region, city (prefecture) and county (city, district).
When examining and approving the tourism application, the related administrations should solicit opinions from the tourism administration.
Article 15 The practice of developing and building tourism programs by taking advantage of forest, water area, natural reserve, cultural relics and historical interests should be done in line with the related laws and regulations of environment protection, cultural relic protection and forest and nature protection.
The cultural relics and natural features of the scenic spots should be protected when developing and building the tourism programs.
Article 16 All units and individuals have the duty to protect the tourism resources and facilities. It is forbidden to quarrying, mining, dig sand, open up the wasteland, hunt and cut woods without approval of the people¡¯s government above county level. The laws and regulations should be observed if stipulated otherwise.
It is forbidden to discharge contamination, dump rubbish and discard waste in the scenic spots.
Article 17 The tourism administrations should open tourism routes in junction with the related departments and take part in the standard administration of tourism traffic planning and tourism traffic services.
Chapter III. Tourism operation
Article 18 The operator should obtain the operation qualification and carry out the operation activities by law within the approved operation scope.
Article 19 The tourism operator should offer appropriate services in line with the service standards stipulated by the state and the autonomous region and the agreement with the tourists and guarantee the personal and assets security of tourists. The operators should make real explanation and noticeable warning for the programs that may endanger the personal and assets security and take measures to prevent happening of such dangers.
When the personal and assets security of tourists encounter accidental harms, the tourism operator should immediately adopt rescue measures and report the public security authority, tourism administration or other related department in time.
Article 20 The operators should observe the related laws and regulations and publicize the service items and price honestly and ensure the service quality.
The tourism operators are not allowed to have such behaviors that harm legal right and interests of tourists as follows:
(I) Not fulfill or not completely fulfill the tourism contract signed with the tourists;
(II) Not offer services in line with the state and industrial standards or offer services not meeting the prices;
(III) To make false publicity to the service scope, content and standards;
(IV) To lure, badger or threaten the tourists to buy goods or accept service consumption that is not agreed in advance;
(V) To sell the counterfeit or goods in inferior quality as the high quality one;
(VI) Other behaviors infringe the legal rights and interests of tourists.
Article 21 The tourism operators should not offer services with the following contents:
(I) Harming the state security and national dignity;
(II) With national, ethnic, religious and sex discrimination;
(III) Propagating pornography and superstition or exaggerating the violence;
(IV) Other contents that the laws and regulations forbid.
Article 21 The tourism operator should not adopt unfair competitive measures in the tourism operation as follows:
(I) Copy the registered trademark, brand and quality certificate signs of other operators;
(II) Use the name of other operators without authorization;
(III) Monopoly prices acting in collaboration with other operators to reap colossal profits and harm the interests of tourists and other operators;
(IV) Sell goods at the price lower than the cost with the purpose of pushing out the competitors;
(V) Entrust non-tourism operators agent or covert agent to engage in tourism businesses;
(VI) Produce and spread fake information that harm the corporate image and credit of other operators;
(VII) Offer fake tourism service information to attract tourists;
(VIII) Other behaviors that upset the market order.
Article 23 The tourism operators operate independently by law and enjoy the following rights:
(I) To refuse the inspection of persons without the certificate of enacting laws;
(II) To refuse the charges, fine and other punishment in breach of provisions of the laws and regulations;
(III) To refuse requirement of offering free service and apportion in other forms;
(IV) To refuse other administrative behaviors that are in breach of the legal procedure;
(V) Other legal rights in the tourism operation.
Article 24 The tourism practitioners who must obtain the vocational qualification in accordance with the state stipulation should obtain the corresponding qualification certificate and take the post with the certificate.
Article 25.The tourism practitioners should not have such behaviors as follows:
(I) To increase or reduce the tourism items or terminate the tourism activities without authorization;
(II) To deceive or mislead the tourists to consume;
(III) To peddle goods to tourists or buy tourists¡¯ belongings by force;
(IV) To extort money and things from the tourism operators;
(V) To extort tips or other things explicitly or implicitly from the tourist;
(VI) Other behaviors that the laws and regulations forbid;
Article 26 The tourism practitioners should safeguard the state security and national dignity willingly and explain the scenic spots according to the standards commentary. It is forbidden to have any words or behavior that harms the national interest and dignity.
Article 27 The personality and dignity of the tourism practitioners should be respected and the personal safety is inviolable.
Tourism practitioners have the right to refuse the tourists¡¯ irrational requirements that humiliate their personal dignity or infringe the occupational ethic.
Article 28 The guide must meet the following requirements:
(I) Be a citizen of People¡¯s Republic of China with firm political position, love the motherland, safeguard the unification of the motherland, fight against the secession, support the socialism system and observe the laws and regulations;
(II) Observe the tourism occupational ethic, serve the tourists heartedly with civil behaviors and standard diction; the service quality should meet the national standards or standards agreed between the travel agency and the tourists;
(III) The guide must obtain the Guide Qualification Certificate issued by the national tourism administration or local guide certificate issued by the tourism administration of the autonomous region.
Chapter IV Right and responsibility of the tourist
Article 29 The tourist enjoys the following rights by law:
(I) To acquaint with the tourist products and tourism service quality;
(II) To select tourism operators, scenic spots and service mode and tourism goods independently and decide to accept or refuse services out of the contract;
(III) To receive the tourism service with quality meeting the price in line with the contract;
(IV) Personal dignity, folk customs and habit and religious belief of the tourist should be respected;
(V) The personal and asset security is protected by law;
(VI) Other rights stipulated by the laws and regulations.
Article 30 The tourist should fulfill the following responsibilities as follows when engaging in tourism:
(I) Observe the laws and regulations;
(II) Respect the folk customs and habit and religious belief of the visited places;
(III) Respect the personal dignity of the tourism operators and practitioners;
(IV) Protect the tourism resources and ecological environment, cherish the tourism facilities and equipments willingly;
(V) Observe the tourism order and security and sanitation provisions;
(VI) Fulfill the tourism contract or agreement;
(VII) Other responsibilities stipulated in laws and regulations.
Article 31 If the tourist¡¯s legal right and interest are infringed or any dispute occurs with the tourism operator, the tourist can settle the problem with the following measures:
(I) Negotiate with the tourism operator;
(II) Complain to the competent tourism administration;
(III) Appeal or complain to the related department or organization;
(IV) Submit the arbitration agreement to arbitration if have;
(V) Bring to the people¡¯s court.
Chapter V Supervision and administration
Article 32 The tourism administration and other administrative department should, within their function scopes, enforce the protection, development and utilization of the tourism resources, and supervision and administration to the tourism project construction, market order, service quality and the ticket price, environment, traffic, security and sanitation of the scenic spots
Article 33 Any unit or individual is not allowed to charge without authorization in addition to paid items stipulated by the state and the autonomous region.
Article 34 The ticket price confirmation and adjustment should be examined and approved strictly in line with the price approval authority scope. The scenic spot is not allowed to raise the ticket price without authorization.
Article 35 The scenic spot management organization should map out the management mechanism to enforce the scenic spot management, safeguard the normal order and maintain the good condition, sanitation and cleanness of the tourism facilities.
Chapter VI Legal responsibility
Article 36 The tourism administration orders those who break the provision of Article 28 to correct the mal-behavior; those who refuse to correct the wrong behavior will be cancelled the guide certificate; the travel agency where the guide is employed will be given a disciplinary warning, or be charged to stop operation to rectify the wrong doing; those who commit a crime will be ascertained the criminal responsibility.
Article 37 The tourism administration orders those who break Article 16 (II) to correct the mal-behavior; those who refuse to correct the mal-behavior will be fined 200 yuan to 1000 yuan; those who commit a crime will be ascertained the criminal responsibility.
Article 38 For those tourism practitioners who break Article 25 and Article 26 herein, the tourism administration orders them to correct the mal-behaviors; those who refuse to correct the mal-behavior can be fined 1000 yuan to 20000 yuan and confiscated the illegal earnings if have;
Article 39 For tourists who break provisions of Article 30, the tourism administration can order them to correct the mal-behavior; those who refuse to correct can be fined 100 yuan to 500 yuan.
Article 40 For those tourism operators who break provisions of Article 33, the tourism administration and the price supervision authority order them to correct the mal-behaviors according to their functions; those who refuse to correct the mal-behavior can be ordered to stop operation to rectify and be fined 500 yuan to 2000 yuan for the individual and 10000 yuan to 20000 yuan for the unit; those who have illegal earnings will be confiscated the illegal earnings.
Article 41 Note in unified form printed or supervised by the finance department of the autonomous region will be used for the fine.
The confiscated earning should be separated according to the provisions of the state and the autonomous region to turn over to the finance department.
Article 42 The workers of the tourism administration who neglect the duties, abuse the authority or resort to fraudulent practices for personal gains will be given administrative punishment by the unit where he/she works or the upper level; those who commit a crime will be ascertained the criminal responsibility.
Article 43 The person concerned who does not accept the administrative punishment can ask for administrative review or take administrative proceedings.
Article 44 The provisions of the laws and regulations should be observed for those behaviors that break the rules if the laws and regulations stipulate otherwise.
Chapter VII Supplementary provisions
Article 45 The people¡¯s government of the autonomous region is responsible for interpretation of the specific issues arising out of practice.
Article 46 The rules takes effective as of October 1, 2002.