旅行社管理暂行条例

Interim Regulations on the Administration of Tourist Agencies

时效性:失效 颁布日期:19850511 实施日期:19850511 失效日期:19961015 颁布单位:国务院

(Promulgated by the State Council on May 11, 1985)(Editor’s Note: These Interim Regulations have been annulled by Regulations on the Administration of Tourist Agencies promulgated on October 15, 1996)

第一条为了加强对旅行社的管理,保护旅行者的合法权益,促进旅游事业发展,特制定本条例。

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.

第二条旅行社(旅游公司或其他同类性质的组织,下同)是指依法设立并具有法人资格,从事招徕、接待旅行者,组织旅游活动,实行独立核算的企业。

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.

第三条旅行社应当遵循扩大人民之间的友好交往,丰富社会主义文化生活,繁荣社会主义旅游经济的原则,开展经营活动,促进物质文明和精神文明的建设。

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.

第四条旅游行政管理部门对旅行社的管理,实行统一领导、分级管理、分散经营的方针。

Article 4 The tourism administration department shall, in its administration of tourist agencies, adopt the policy of unified leadership, graded administration, and decentralized operations.

第五条本条例中的下列用语,除条文中另有规定者外,含义如下:

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: 

(一)“招徕”指旅行社按照主管部门批准的业务范围,在国外、国内开展宣传推销的业务,组织招揽游客的工作。

(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.

(二)“接待”指旅行社根据旅行者的要求,安排食宿、交通工具、活动日程、组织游览。

(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.

(三)“旅游行政管理部门”指国家和各省、自治区、直辖市旅游局以及市、县的相应管理机构。

(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.

第六条旅行社按其经营业务范围的不同,分为三类:

Article 6 Tourist agencies shall be divided into three categories according to the scope of their business: 

第一类:经营对外招徕并接待外国人、华侨、港澳同胞、台湾同胞来中国、归国或回内地旅游业务的旅行社;

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.

第二类:不对外招徕,只经营接待第一类旅行社或其它涉外部门组织的外国人、华侨、港澳同胞、台湾同胞来中国、归国或回内地旅游业务的旅行社;

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.

第三类:经营中国公民国内旅游业务的旅行社。

Category 3: Tourist agencies that handle domestic tourist business for Chinese citizens.

第七条开办经营第一类、第二类旅行社,必须具备以下条件:

Article 7 Tourist agencies of Category 1 and Category 2 may register and commence operations only under the following prerequisites: 

(一)有符合国家规定的旅行社章程;

(1) having articles of association for the tourist agency to be established, which are in conformity with the State plovisions;

(二)有一定的组织机构和法定代表,有固定的办公或营业场所和必要的通讯设备;

(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;

(三)经营对外招徕和接待业务的旅行社,须拥有人民币50万元以上的注册资本;只经营接待业务的旅行社,须拥有人民币25万元以上的注册资本;

(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;

(四)有为旅行者提供符合条件的食、宿和交通等项服务的组织能力;

(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 

(五)有能保证服务质量和进行正常业务活动、熟悉旅游业务的经理人员、工作人员和经过考核合格的翻译导游人员。

(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.

第八条开办经营第三类旅行社,必须具备以下条件:

Article 8 Tourist agencies of Category 3 may register and commence operations only under the following prerequisites: 

(一)有符合国家规定的旅行社章程;

(1) having articles of association for the tourist agency to be established, which are in conformity with the State provisions;

(二)有固定的办公地点或营业场所;

(2) having a fixed site for setting up an office and for conducting business operations;

(三)有人民币3万元以上的注册资本;

(3) having a registered capital of RMB 30,000 yuan or more;

(四)有按照经营的业务范围,向旅行者提供符合服务要求的组织能力;

(4) having the organizing ability to provide, within their scope of business, the tourists with various services that meet the standard service requirements;

(五)有熟悉旅游业务的管理人员和服务人员。

and (5) having a contingent of administrative and service personnel who are familiar with tourist business.

第九条申请开办经营第一类业务的旅行社,地方上,应向所在省、自治区、直辖市旅游局提出申请,报国家旅游局审批;

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; 

中央一级的部门,向国家旅游局申请审批。

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.

前款旅行社获得旅游行政管理部门的批准后,必须按照国家工商行政管理规定办理申请登记手续;经核准,领取营业执照后,方可开业。

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.

第十条申请开办经营第二类业务的旅行社,地方上,须经所在省、自治区、直辖市旅游局审查批准;中央一级的部门,须经国家旅游局审查批准。

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 region, 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.

前款旅行社获得旅游行政管理部门的批准后,必须按照国家工商行政管理规定办理申请登记手续;经核准,领取营业执照后,方可开业。

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.