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

Article 33 When organizing and receiving tourists, travel agencies and their employees are prohibited from arranging visits or taking part in any program or activity in violation of the the laws, regulations and social ethics of China. 

Article 34 Travel agencies organizing tourism activities shall order products and services from qualified suppliers. 

Article 35 Travel agencies are prohibited from organizing tourism activities and luring tourists with unreasonably low prices, or getting illegitimate gains such as rebates by arranging shopping or providing tourism services that requires additional payment. 

When organizing and receiving tourists, travel agencies shall not designate specific shopping places, or provide tourism services that require additional payment. However, it does not include circumstances where both sides have agreed or the tourists have requested for such arrangements and no influence is caused on the itinerary of other tourists. 

In case of any violation to the above two paragraphs, tourists shall have the right to, within thirty (30) days from the end of the travel, require the travel agency to return their purchases and pay the price of the returned purchases on behalf in advance, or refund the payment made for tourism services that require additional payment.  

Article 36 Travel agencies, when organizing outbound tourism groups or organizing and receiving inbound tourism groups, shall send a tour lead or tour guide for the group. 

Article 37 Those who have passed the tour guide qualification test and signed a labor contract with the travel agency or registered in relevant tourism organizations may apply for a tour guide certificate. 

Article 38 Travel agencies shall sign labor contracts with the tour guides they employ, pay remuneration to them, and pay social insurance premiums for them. 

In case a travel agency temporarily hires a tour guide to provide services for tourists, the travel agency shall pay the tour guide in full amount the tour guide service fee as provided in paragraph three of Article 60 of this law. 

Where the travel agency sends a tour guide to provide services for a tourist group, it is shall not require the tour guide to make any payment in advance or collect any charges from the tour guide. 

Article 39 Those who have obtained a tour guide certificate, got the required academic degrees, language ability and experience in the tourism industry, and signed a labor contract with a travel agency may apply for a tour lead certificate. 

Article 40 Tour guides and tour leads must provide services under the designation of a travel agency, and must not provide services as a tour guide or tour lead as individuals. 

Article 41 When providing services, tour guides/tour leads shall wear their tour guide certificate/tour lead certificate, observe professional ethics, respect the custom and religious beliefs of tourists, tell and explain to the tourists norms of civilized tourist behaviors, guide the tourists to travel in a healthy and civilized way, and stop behaviors which violate social morality. 

Tour guides and tour leads shall strictly follow the itinerary, shall not alter it or stop the services they are providing without permission or to ask for tips from tourists or lure, cheat, compel or force tourists in a disguised form to make purchases or participate in tourism activities that require additional payment. 

Article 42 To open to the public, a scenic spot shall follow the opinions of the tourism authority and meet the following requirements: 

(1) Having necessary tourism supporting services and auxiliary facilities;

(2) Having necessary safety facilities and systems; having passed the safety risk assessment and meeting safety requirements;

(3) Having necessary environmental protection facilities and ecological protection measures;

(4) Meeting other requirements set by laws and administrative regulations. 

Article 43 Tickets of the scenic spots that are built with public resources, as well as services that are charged separately within the scenic spot, including specific sightseeing sites and transport, shall be charged at a price mandated by the government or based on the guiding price set by the government. Price rises must be placed under strict control. In case of any intention to charge or raise prices, a hearing shall be held to solicit opinions from tourists, tourism operators and related organizations and to demonstrate its necessity and feasibility. 

Scenic spots which are built with public resources shall not raise prices by adding services that are charged separately or in any other form; services with the investment in them fully recovered shall be charged at low prices or provided for free. 

City parks, museums, monuments, etc. for public welfare, except key cultural relics protection units and units holding precious cultural relics, shall be gradually opened to the public for free.