Tourism Law of the People’s Republic of China (Full Text)

Article 100 If the travel agency violates this law and has one of the behaviors below, the department in charge of tourism shall order it to remedy the situation, impose a fine of RMB30,000-RMB300,000 on it, and order it to suspend operation for rectification; when serious consequences like stranding the tourists are caused, its travel agency business license may be revoked; as for the directly liable person in charge and other directly liable people, a fine of RMB2,000-RMB20,000 shall be imposed, and their tour guide certificate and tour lead certificate may be provisionally suspended or revoked. 

(1) Altering travel arrangements without permission during the tour, which seriously harms the tourists’ rights and interests; 

(2) Refusing to fulfill the contract;

(3) Entrusting another travel agency with the duty to perform the package tourism contract without getting the tourists’ written permission. 

Article 101 If the travel agency violates this law, arranges the tourists to visit or take part in projects or activities that violate the Chinese laws, legal provisions and social morals, the department in charge of tourism shall order it to remedy the situation and suspend operation for rectification, confiscate its illegal gains, and impose a fine of RMB20,000-RMB200,000; when the circumstances are serious, its travel agency business license may be revoked; as for the directly liable person in charge and other directly liable people, a fine of RMB2,000-RMB20,000 shall be imposed, and the tour guide certificate and tour lead certificate may be provisionally suspended or revoked.

Article 102 The department in charge of tourism shall order anyone who provides tour guide or tour lead services without the tour guide certificate or the tour lead certificate to take remedy measures, confiscate his/her illegal gains, and impose a fine of RMB1,000-RMB10,000 on the same before making a public announcement of it. 

The department in charge of tourism shall order any tour guide or tour lead who violates the provisions in this law, contracts business privately to take remedy measures, confiscate his/her illegal gains, impose a fine of RMB1,000-RMB10,000 on the same, and provisionally suspend or revoke the tour guide certificate and tour lead certificate. 

The department in charge of tourism shall order any tour guide or tour lead who violates the provisions in this law and asks for tips from the tourists to return the money to the tourists, and impose a fine of RMB1,000-RMB10,000 on the same; when the circumstances are serious, the tour guide certificate and tour lead certificate may be provisionally suspended or revoked. 

Article 103 Any tour guide/tour lead whose tour guide certificate/tour lead certificate has been revoked in accordance with the provisions in this law or relevant managerial staff of a travel agency whose travel agency business license has been revoked and which has been fined is not allowed to re-apply for the tour guide/tour lead certificate or engage in travel agency businesses within three years from the date of the punishment. 

Article 104 The administration for industry and commerce shall impose a fine on tourism operators who violate the provisions here and give/take bribes in accordance with relevant laws and regulations; when the circumstances are serious, the department in charge of tourism shall revoke the travel agency business license. 

Article 105 For scenic spots which do not meet the requirements for receiving tourists set in this law, yet receive tourists, the authorities of the scenic spots shall order the same to suspend operation for rectification till they meet the due requirements, and shall impose a fine of RMB20,000-RMB200,000 on them.  

If the scenic spot fails to report the situation to the local people’s government or make a public announcement in accordance with this law or take measures to guide and divert the tourists when the number of tourists is likely to reach its maximum capacity, or if the number of tourists in the scenic spot have exceeded the maximum capacity, the authority of the scenic spot shall order it to remedy the situation. When the circumstance is serious, the scenic spot concerned may be ordered to suspend operation for one to six months for rectification. 

Article 106 In case a scenic spot violates the provisions in this law to raise the ticket price or prices for separately-charged service items without authorization, or conducts other illegal activities relating to price, it shall be punished by competent authorities in accordance with relevant laws and regulations. 

Article 107 In case a tourism operator violates the laws, regulations or national and industrial standards on the management of safety production and fire safety, it shall be punished by competent authorities in accordance with relevant laws and regulations.

Article 108 For tourism operators and practitioners under it who violate the provisions in this law, tourism authorities or relevant departments shall record such violations in their credit records and make public such violations. 

Article 109 Staff of tourism authorities or relevant departments who abuse their powers, neglect their duties and play favoritism, yet not to the level of committing a crime in the performance of their supervision and management responsibilities shall be punished in accordance with the law. 

Article 110 In case the provisions in this law are violated, which then constitutes a crime, criminal liabilities shall be investigated in accordance with the law. 

Chapter X Supplementary Provisions

Article 111 Terms used in this law are defined as follows: 

(1) Tourism operator refers to a travel agency, scenic spot and an operator who provides transport, accommodation, catering, shopping and entertainment services for tourists. 

(2) Scenic spot refers to a site or area which is used to provide sightseeing services and has clearly defined administrative boundaries. 

(3) Package tourism contract refers to a contract where the travel agency arranges the tour in advance, provides by itself or through its performance assistant two or more tourism services including transport, accommodation, catering, sightseeing, tour guide or tour lead and tourists make a lump-sum payment of the travel expenses. 

(4) Organizing travel agency refers to a travel agency which signs the package tourism contract with the tourists. 

(5) Local travel agency refers to the travel agency which accepts the commission of the organizing travel agency to receive the tourists at the destination. 

(6) Performance assistant refers to the legal or natural person who has signed a contract with a travel agency, assists the travel agency in fulfilling the obligations set in a package tourism contract, and actually provides relevant services. 

Article 112 This law shall come into effect on October 1, 2013.