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

Article 79 Tourism operators shall strictly abide by the laws, regulations, national and industrial standards on safety production and fire safety management, meet corresponding safety production requirements, and develop tourist safety protection systems and emergency plans. 

Tourism operators shall hold regular trainings on emergency rescue skills for practitioners who provide services directly to the tourists, carry out safety inspection, monitoring and evaluation over the products and services, and take necessary measures to prevent any harm.

When organizing or receiving elderly, minor and disabled tourists, tourism operators shall take corresponding safety measures. 

Article 80 Tourism operators shall expressly explain to the tourists or warn the tourists of the following in tourism activities in advance: 

(1) Instructions on how to use relevant facilities and equipment properly;

(2) Necessary safety precautions and emergency measures;

(3) Management and service establishments, facilities and equipment which are not open to the tourists; 

(4) Groups who are suggested not to participate in relevant activities; 

(5) Other circumstances that may endanger the tourists’ personal and property safety.

Article 81 Immediately after an emergency or tourism safety incident, tourism operators shall take necessary assistance and settlement measures, perform the reporting obligation, and properly settle the tourists. 

Article 82 In case their personal safety or property is endangered, tourists have the right to ask the tourism operator, local people’s government and relevant institution for timely assistance.

When stuck in a plight overseas, outbound Chinese tourists have the right to ask the local Chinese official institution for assistance and protection within its scope of responsibilities.

After receiving assistance from relevant organization(s) or institution(s), tourists shall pay the part of the fees that shall be borne individually. 

Chapter VII Tourism Supervision and Management

Article 83 The department in charge of tourism in local people’s governments above the county level and relevant departments shall follow this law and relevant laws and regulations to supervise and regulate the tourism market within their respective scopes of responsibilities. 

Local people’s governments above the county level shall organize the department in charge of tourism, relevant competent departments and law enforcement departments in the administration for industry and commerce, product quality supervision and transport to carry out supervision/inspection over relevant behaviors of the tourism operators. 

Article 84 When performing its supervision and management responsibilities, the department in charge of tourism must not violate relevant laws and administrative regulations to charge the objects of supervision and management. 

The department in charge of tourism and its staff shall not take part in tourism operations in any form. 

Article 85 The department in charge of tourism in people’s governments above the county level shall have the right to supervise and check the following: 

(1) Whether the business license has been obtained for running travel agencies or providing tour guide and tour lead services; 

(2) The travel agency’s operational behaviors; 

(3) The service behaviors of tour guides, tour leads and other tourism practitioners; 

(4) Other matters provided in laws and regulations. 

The department in charge of tourism shall carry out supervision/inspection in accordance with the provisions in the foregoing paragraphs, and may check and duplicate the contracts, bills, books and other materials that are suspected to be unlawful. 

Article 86 When carrying out supervision/inspection in accordance with the law, the department in charge of tourism and relevant departments shall designate no fewer than 2 people and shall show their lawful certificates. Should there be only one supervision or inspection personnel or the supervision or examination personnel fail to show their lawful certificates, the supervised and inspected units or individuals shall have the right to refuse the supervision/inspection. 

The supervision/inspection personnel shall, in accordance with the law, keep confidential the business secrets and personal information they acquire about the supervised units/individuals in the supervision/inspection. 

Article 87 Units and individuals shall be cooperative in the supervision/inspection which is carried out in accordance with the law, truthfully explain the situation, and provide files and materials instead of being uncooperative, hindering the supervision/inspection or concealing any information. 

Article 88 When performing the supervision/inspection responsibility or settling complaints or reports, the department in charge of tourism in people’s governments above the county level and relevant departments shall timely punish the behaviors that violate this law, if any, according to the law, or timely notify, in writing, before transferring it to relevant departments for investigation if the circumstance goes beyond their scope of responsibilities.