第十一条申请开办经营第三类业务的旅行社,经所在地旅游行政管理部门审查批准,并经当地工商行政管理部门核准登记,领取营业执照后,方可开业。

Article 11 Those who wish to establish tourist agencies of Category 3 shall start their business operations only after their applications have been examined and approved by the local tourism administration department, and have been verified and approved for registration by the local administrative department for industry and commerce, and the business licences have been issued to them.

第十二条第一类旅行社在国外或港澳地区设立或撤销派驻机构,事前必须报请国家旅游局审查批准。

Article 12 In the event that tourist agencies of Category 1 wish to establish or withdraw their representative business offices abroad or in the regions of Hong Kong and Macao, they must report to the National Tourism Administration for examination and approval.

第十三条外国或港澳地区的旅行社未经国家旅游局批准,不得在中国设立其派出机构。经过批准设立的派出机构,不得经营招徕和接待的旅游业务。

Article 13 Foreign tourist agencies, and tourist agencies in the regions of Hong Kong and Macao, shall not be permitted to establish their representative business offices in China without the approval from the National Tourism Administration. Their representative business offices, after being established with approval, shall not be permitted to handle such tourist business as soliciting and receiving tourists.

第十四条旅行社的基本职责是:

Article 14 The basic duties of tourist agencies shall be as follows: 

(一)根据国家的法律、法规和旅游事业的方针、政策同有关经营单位签订合同或协议,经营旅游业务;

(1) to conclude and sign contracts or agreements with the operating units concerned, and to handle tourist business in accordance with the laws and regulations of the State and the principles and policies for tourist industry;

(二)根据统一计划和市场需要编制旅游路线,进行招徕活动;

(2) to draw up touring itineraries and to conduct soliciting activities in accordance with the unified plan and the market demands;

(三)按照旅行者选定的路线,安排食宿、交通、游览活动;

(3) to make arrangements for meals, accommodation, transportation, and sightseeing in accordance with the itineraries selected by tourists;

(四)为旅游者配备必要的翻译、导游人员;

(4) to provide tourists with the necessary services of interpreters and tourist guides;

(五)改善经营管理,提高服务水平,听取旅游者的批评建议,查处本单位工作人员违章违纪的行为;

(5) to improve operations and management, to raise the quality of service, to listen to the criticisms and suggestions by tourists, and to investigate and handle violators of rules and regulations by personnel of their own units; and 

(六)经营同旅游有关的委托代办业务。

(6) to handle commission business relating to tourism.

第十五条旅行社同民航、铁道、交通、饭店、汽车公司等营业部门或旅行社行业间的业务往来,应遵照《中华人民共和国经济合同法》的规定,在平等互利、协商一致、等价有偿的原则下,签订一定形式的经济协议或合同。

Article 15 With respect to business contacts between tourist agencies and such business departments as airlines, railways, transportation, hotels and restaurants, and automobile companies, or the business contacts between tourist agencies, the parties concerned shall, in accordance with the provisions of the Law of the People’s Republic of China on Economic Contracts, conclude and sign a certain form of economic agreement or contract, on the basis of the principle of equality and mutual benefit, reaching unanimity through consultation, exchange at equal value and offering services with remunerations.

第十六条旅行社应严格遵守国家法律、法规,执行有关旅游工作的方针政策,严格财务管理制度,按照规定缴纳税款和其他费用。

Article 16 Tourist agencies shall strictly abide by the laws and regulations of the State, implement the principles and policies relating to tourism, strengthen the system of financial administration, and pay taxes and other fees according to pertinent provisions.

第十七条旅行社对所属从业人员,应当加强遵纪守法、职业道德的教育和专业培训,不断提高从业人员的素质,以适应旅游事业发展的需要。

Article 17 Tourist agencies shall strengthen the education on complying with discipline and laws, and on professional ethics, among their employees, and lay great stress on professional training, in order to unceasingly improve the quality of the employees to meet the needs of the development of tourism.

第十八条旅行社及其职工,不准向经销旅游商品的商店、饮食单位收取回扣或其它报酬。

Article 18 Tourist agencies and their workers and staff members shall not be permitted to seek and accept commission or other remuneration. 

经销旅游商品的商店、饮食单位,不准付给旅行社及其职工回扣或其他报酬。

Stores that sell tourist articles and catering units shall not be permitted to pay commission or other remuneration to tourist agencies or their workers and staff members. 

违反者,主管部门应给予必要的行政或纪律处分。

The competent authorities shall impose necessary administrative and disciplinary sanctions on those who have violated the aforesaid provisions.

第十九条旅行社应接受旅游、物价、税务和工商行政部门的管理、指导、监督和检查。

Article 19 Tourist agencies shall accept the administration, guidance, supervision and investigation by the departments respectively in charge of tourism, commodity prices, and taxation, and by the administrative department for industry and commerce.

第二十条旅行社停业关闭时,应向旅游行政管理部门和工商行政管理部门办理注销手续。

Article 20 In case a tourist agency wishes to wind up its business operations, it shall submit an application to the tourism administration department and the administrative department for industry and commerce and go through the procedures for cancellation of its registration.

第二十一条对于认真执行本条例的规定,在改善经营管理、提高服务质量等方面作出重要贡献,成绩显著的旅行社和职工个人,由旅游行政管理部门给予适当的奖励。

Article 21 Tourist agencies and the individuals of their workers and staff members that have carried out the provisions of these Regulations conscientiously, and have made important contributions to the improvement of operations and management, or to the improvement of the quality standard of services, shall be duly awarded by the tourism administration department.

第二十二条对于违反本条例的规定,未经主管部门批准和履行登记手续,擅自经营旅游业务,私自转让营业执照,欺骗旅行者,非法牟利的,视情节轻重,由旅游行政管理部门对旅行社的经理人员和直接责任者,处以罚款,或者责令旅行社停业整顿;

Article 22 With respect to those who have violated the provisions of these Regulations and conducted tourist business operations presumptuously without the approval by the competent authorities, and without going through the procedures for registration, and those who, without authorization, have transferred their business licences to others, have cheated tourists, or have sought profits by illegal means, the tourism administration department shall, depending on the seriousness of the case, impose a fine on the managerial personnel of the tourist agency concerned or on the person directly held responsible or order the tourist agency concerned to cease its business operations for rectification;

情节严重的,由工商行政管理部门给予没收非法所得、吊销营业执照、责令停止营业的处罚。

with respect to serious cases, the administrative department for industry and commerce shall confiscate the illegal gains of the violator(s), revoke his/her/its/their business licence(s), and order the violator(s) to cease business operations.

第二十三条本条例由国家旅游局负责解释。

Article 23 The right to interpret these Regulations shall reside in the National Tourism Administration.

第二十四条本条例自发布之日起施行。

Article 24 These Regulations shall go into effect on the date of promulgation.