Laws of the Guangdong Province

Administrative Regulations of Shenzhen Special Economic Zone on Tourism

(Originally adopted at the Thirteen Meeting of the Standing Committee of the Second Shenzhen Municipal People' s Congress on February 26,1997, as revised for the first time in accordance with the Decision on Revision of Article 16 of Administrative Regulations of Shenzhen Special Economic Zone on Tourism of the Thirty-second Meeting of the Standing Committee of the Second Shenzhen Municipal People' s Congress on May 6,1999, and as revised for the second time in accordance with the Decision on Revision of Administrative Regulations of Shenzhen Special Economic Zone on Tourism of the Thirty-second Meeting of the Standing Committee of the Third Shenzhen Municipal People' s Congress on June 25, 2004.)

Chapter ¢ñ General Provisions

Article 1 In order to protect the lawful rights and interests of the tourists and tourism operators, strengthen the administration to tourism, and promote the development of the tourist industry, these regulations are formulated basing upon the provisions of relevant laws and regulations of the State and the actual circumstances of Shenzhen Special Economic Zone (hereinafter referred to as Special Zone).

Article 2 The competent department for tourism, tourism operators and tourists in Special Zone shall observe these regulations.

Article 3 "Tourist industry" referred to in these regulations means the trade that makes use of the tourism resource and equipments to specially or mainly undertake the comprehensive services of drumming for, hosting the tourists and provide communication, visit, accommodation, food and beverage, shopping and entertainment, etc.

Article 4 The administrative department for tourist industry of the Shenzhen Municipal People' s Government (hereinafter referred to as the municipal government) is the competent department for tourist industry (hereinafter referred to as the municipal competent department for tourist industry), and supervises and administers the tourist industry according to law.

The administrative department for tourist industry of the district people' s government (hereinafter referred to as the district competent department for tourist industry), under the direction of the municipal competent department for tourist industry, is responsible for supervising and managing the tourist industry of the area under its jurisdiction according to law.

Article 5 The municipal and district governments shall incorporate the tourist industry into the plan of national economic and social development, strengthen the construction of tourist infrastructure, improve the tourist environment as well as encourage and support the development of tourist industry in the aspect of capital, policy and so on.

The municipal government may establish the fund for tourist development. The fund for tourist development shall be operated according to relevant provisions of the municipal government.

Article 6 The municipal and district government shall take measures to coordinate the development of the tourist and relevant industry.

The municipal government shall set up the coordinating system of the tourism development, and convene relevant departments of the government periodically to coordinate and settle the major problems in the tourist development.

Relevant departments of the government shall perform their respective functions according to law, as well as support and cooperate the competent department for tourist industry to perfect its administration to the tourist industry.

Article 7 The municipal and district government shall encourage and support the development of the tourist education career, expedite the training of the professional personnel in tourism as well as enhance the qualities of the employed in the tourism and the service quality.

Chapter ¢ò Exploitation and Management of the Tourism Resources

Article 8 The governments at all levels shall take effective measures to protect, exploit and use the tourism resources. No unit or individual may destroy the tourism resources.

"Tourism resources" referred to in these regulations mean the natural and artificial landscape that are capable for visiting.

Article 9 The municipal and district competent departments for tourist industry shall periodically make survey and assessment of the tourism resources within their administrative areas, and make the overall plan about the protection and utilization of the tourism resources.

Article 10 The exploitation of the tourism resources shall implement the policy of coordinating the development and construction with the environmental protection, and assure the synchronous plan, implement and development of the construction of tourist facilities with the construction of environment.

The construction of the tourism scenes and the tourism projects shall go through the assessment of environment influence.

Article 11 The construction project of the tourism must accord with the plan of tourist development and the general city planning, and the construction style shall coordinate with the circumjacent environment.

Article 12 It is prohibited to quarry, mine, digging sands, bury, hunt, deforest, discharge pollutant and dump the discarded things without authorization within the tourist exploitation zone, conservation zone and sightseeing zone.

Article 13 The construction, reconstruction and extension of the tourist project must be approved by the competent department for tourist industry according to relevant provisions.

Article 14 The construction of sightseeing zones and scenes shall not destroy the natural and artificial landscape as well as the legacy of history and culture.

Chapter ¢ó Tourist Operation and Management

Article 15 The tourism operators shall undertake the tourist operation according to law. The operators' lawful rights and interests are protected according to law, no unit or individual may infringe.

"Tourism operators" referred to in these regulations means the legal persons or other economic organizations that undertake tourist operation according to law.

Article 16  If a restaurant or tavern plans to engage in tourism business, it shall file an application to the municipal competent department for tourism industry.

The municipal competent department for tourist industry shall give a written reply of approving or not approving within 15 days from the date on receiving the application. If not approving the application, it shall explain the reasons.

The municipal competent department for tourist industry shall organize the open tender to distribute the operation right of the three categories of the domestic tourist agencies.

Article 17 With an approval of the municipal competent department for tourist industry, the tourist operation can engage in tourism business after acquiring the license for business or certificate of approval.

Article 18 If the tourism operators from other domestic areas establish non-operative working body in Special Zone, it shall report to the municipal competent department for tourist industry for record. If the State has other provisions, these provisions shall be observed.

Article 19 If the tourist organizations or tourism operators abroad establish branches or wording bodies in Special Zone, or the tourism operators in Special Zone establish branches or working bodies abroad, they shall be approved by the competent department for tourist industry. If the State has separate provisions, these provisions shall be observed.

Article 20 The tourism operators shall perform the following obligations:

(1) to observe the laws, regulations and administrative rules, and to be prohibited to undertake the activities that don' t accord with their business scopes;

(2) to accept the supervision and inspection from the competent department for tourism industry on their service qualities, tourist securities, service charges and other operating conditions;

(3) to make public the service items, service standards and charging standards, and to be prohibited to cheat or mislead the tourist by any means;

(4) to strictly perform the agreed service standards in the contract, and to be prohibited to change or cancel the service items or debase the service standards arbitrarily;

(5) to respect the tourists' rights to choose commodities and services autonomously, and to be prohibited to compel the tourists to purchase commodities or accept services;

(6) to be prohibited to transfer the business risk to the tourist or impose the business risks to the tourists with the form of agreement in the tourist contract;

(7) to establish the responsibility system of enterprises' safety management and allocate necessary safety facilities to safeguard the tourists' safety of the person and property; to inform the tourists of the possible dangers during the tourism; and to take effective protective measures when the dangers happen;

(8) to establish the system of on-the-job training of the enterprise, and to strengthen the training of professional ethics and professional skills;

(9) to observe the doctrines of bona fides and fair competition, and to be prohibited to disrupt the order of tourist market with any forms.

Article 21 Special Zone exercises the license system to the business operation of travel agency.

The License for the Business Operation of the Travel Agency shall not be leased or transferred.

Article 22 The travel agency shall pay the quality bail in advance to the municipal competent department for tourist industry according to relevant provisions of the state.

The measures for the collection and management of the travel agency' s quality bail shall be conducted according to relevant provisions of the state.

Article 23 The travel agency and tourists conclude written contract of tourist service according to law. The municipal competent department for tourist industry is responsible for formulating the standard format text of the contract of tourist service.

Article 24 Special Zone exercises the system of "star-rating" to the restaurant (tavern). The system of "star-rating" shall be conducted according to relevant provisions of the state.

The star restaurant (tavern) must provide service according to star standards.

The restaurant (tavern) without being rated star shall not use the appellation of star or others similar to star to carry out the operating activities.

Article 25 If a management company of the restaurant (tavern) from other external or internal areas is hired to run a star restaurant (tavern), it shall be reported to the municipal competent department for tourist industry for record.

Article 26 The municipal competent department for tourist industry exercises the system of annual examination to the License for the Business Operation of the Travel Agency and exercises the system of annual check to the star restaurant (tavern).

Article 27 Special Zone exercises the system of fixed-point management to the tourist restaurant, store and other relevant units that specialize in receiving foreign guests. The rules of the fixed-point management shall be separately enacted by the municipal government.

Article 28 The fixed-point tourist units shall be examined and approved by the municipal competent department for tourist industry. The municipal and district competent department for tourist industry shall periodically inspect the fixed-point tourist units. The municipal competent department for tourist industry shall cancel the qualification of the unqualified units.

Article 29 Special Zone exercises the system of being on duty with certificate to the cicerones. Only those who have acquired the cicerone certificate of the People' s Republic of China may engage in the cicerone business.

The municipal competent department for tourist industry may issue the exercitation certificate of cicerone to those who have been trained and passed the special examinations. Those who hold the exercitation certificate of cicerone may engage in the exercitation work of cicerone during the exercitation period, and the exercitation period is one year.

Article 30 The travel agency shall not hire those who have not acquired the certificate to engage in the cicerone work.

The cicerone who is not hired by the travel agency shall not engage in the tourist business privately.

Article 31 The travel agency shall purchase the personal insurance for the tourists during the traveling period.

Article 32 When performing the official business, the working staff of the competent departments for tourist industry shall show the effective certificate, enforce the law with civility and keep the business secrets for the tourism operators.

Chapter ¢ô Rights and Obligations of the Tourists

Article 33 The lawful rights and interests of the tourists are protected by the law and no individual may infringe.

"Tourist" referred to in these regulations means the natural person who leaves his domicile for sightseeing, going vacationing, visiting relatives and friends or other consumptions.

Article 34 When engaging in the tourist activities, the tourists enjoy the following rights:

(1) to require the tourism operators to fully and authentically provide the content, specification, charges of the services and other conditions;

(2) to choose the tourism operators and the ways of service as well as the tourist commodities autonomously, and to refuse the tourism operators' behaviors of compulsive trade.

(3) to require the tourism operators to strictly perform the agreements of the contract and guarantee the content and quality of the services;

(4) to acquire the safeguard of person and property;

(5) to acquire the respect of the personal dignities and national customs and habits;

(6) to acquire the compensation when their lawful rights and interests are damaged;

(7) other rights stipulated by laws and regulations and agreed on in the tourist contract.

Article 35 When engaging in the tourist activities, the tourists shall perform the following obligations:

(1) to observe the laws and obligations and to respect the social morals;

(2) to observe the provisions, customs and habits of the tourist zone;

(3) to protect the tourism resources, environment and tourist equipments;

(4) to maintain the tourist orders and to accept the well-meaning advices of the tourist service staff;

(5) other obligations stipulated by laws and regulations as well as agreed on in the contract.

Article 36 The implementation measures of the national treatments, which the overseas tourists enjoy when they engage in the tourist activities in Special Zone, shall be handled according to provisions of the municipal government.

Article 37 If the tourists have disputes with the tourism operators or their lawful rights and interests are damaged in the tourist activities, they may choose the following ways to settle them:

(1) to consult with the tourism operators;

(2) to complain to the municipal competent department for tourist industry, the quality controlling department for tourist industry or the consumers' committees;

(3) to apply to the arbitral agencies for arbitration, if there are arbitral clauses;

(4) to file lawsuits to the people' s court.

The third and fourth subparagraph of the preceding paragraph shall not be used at the same time.

Article 38 If the travel agencies have one of the following conditions, the tourists may complain to the municipal or district competent department for tourist industry or the quality controlling department for tourist industry for compensation:

(1) the travel agencies fail to fulfill the service qualities agreed on in the contract because of their faults, thus causing the damages to the tourists' lawful rights and interests;

(2) the services of the travel agencies fail to reach the standards stipulated by the state or trade, thus causing the damages to the tourists' lawful rights an interests;

(3) because of the travel agencies, dissolution, closure of business, bankruptcy or other terminating conditions, the tourist charges and other relevant fees paid in advance by the tourists can not be refunded;

(4) other conditions that the compensations shall be paid with the bail stipulated by laws, regulations and administrative rules.

Article 39 Having received the complaint and decided to accept, the municipal competent department for tourist industry or the municipal quality controlling department for tourist industry shall inform the complained travel agency in time. The complained travel agency shall make a reply within 10 days from the date on receiving the notice.

If the travel agency refuses to compensate, is incapable to compensate or fails to answer, the municipal competent department for tourist industry shall make a decision of whether compensating with the quality bail paid by the travel agency or not.

Article 40 After the municipal competent department for tourist industry decides to pay the compensation to the tourist with the bail, the travel agencies that shall take the responsibility of compensation shall make up the deficiency of the bail that they shall pay to the municipal competent department for tourist industry.

Chapter ¢õ Legal Responsibilities

Article 41 If the parties violate the provisions of Article 12 of these regulations, they shall take the responsibilities of compensation. The municipal competent department for tourist industry shall order them to make corrections, and impose a fine of more than RMB 5,000 but less than RMB 20,000; if the circumstances constitute a crime, they shall be prosecuted the criminal responsibilities.

Article 42 If the parties violate the provisions of Article 14 of these regulation, the municipal competent department for tourist industry shall order them to make corrections and impose a fine of more than RMB 20,000 but less than RMB 50,000; If the circumstances constitute a crime, they shall be prosecuted the criminal responsibilities.

Article 43 If the parties violate the provisions of Article 16 of these regulations to engage in the operation of tourist business without authorization, the municipal competent department for tourist industry shall order them to stop business, confiscate the illegal operating income, and impose a fine of more than one time but less than 2 times of the illegal operating income; If the circumstances constitute a crime, they shall be prosecuted the criminal responsibilities.

Article 44 If the parties violate the provisions of Article 18 and 19 of these regulations, the municipal competent department for tourist industry shall order them to make corrections, and may impose a fine more than RMB 5,000 but less than RMB 20,000.

Article 45 If the tourism operators violate the provisions of Article 20 of these regulations, they shall make a formal apology to the tourists and refund corresponding charges; If they cause damages to the tourists, they shall take the responsibilities of compensation; The municipal competent department for tourist industry shall give warnings to the tourism operators and impose a fine of more than RMB 5,000 but less than RMB 20,000; If the circumstances are serious, the municipal competent department for tourist industry may impose a fine of more than RMB 20,000 but less than RMB 50,000, and may suspend or revoke their Business License.

Article 46 If the travel agencies violate the provisions of the second paragraph of Article 21 and the first paragraph of Article 22 of these regulations, the municipal competent department for tourist industry shall order them to make corrections and impose a fine of more than RMB 5,000 but less than RMB 20,000; If the circumstances are serious, the municipal competent department for tourist industry may suspend or revoke the Business License.

Article 47 If the restaurants (taverns) violate the provisions of the second, third paragraph of Article 24 and Article 25 of these regulations, the municipal competent department for tourist industry shall order them to make corrections and may give warnings to them or impose a fine of more than RMB 5,000 but less than RMB 20,000; If they have illegal gains, the municipal competent department for tourist shall confiscate them.

Article 48 If the parties violate the provisions of Article 30 of these regulations, the municipal competent department for tourist industry shall impose a fine of more than RMB 2,000 but less than RMB 5,000.

Article 49 If the tourist have faults that cause the damages to the tourism resources and tourist equipments, they shall take the responsibilities of compensation; If the circumstances constitute a crime, they shall be prosecuted the criminal responsibilities according to law.

Article 50 If the working staff of the municipal or district competent department for tourist industry violate the provisions of these regulations, neglect the duties, abuse the authorities, and conduct irregularities for favoritism, they shall be taken the administrative responsibilities imposed from the supervision department; If the circumstances constitute a crime, they shall be prosecuted the criminal responsibilities according to law.

Article 51 If the parties refuse to accept the decisions of administrative penalty made by the municipal competent department for tourist industry, they may file to the municipal organization for administrative review for reconsideration within 15 days from the date on receiving the decision of administrative penalty.

If the parties fail to apply for reconsideration, meanwhile failing to file lawsuits to the people' court and fulfill the decisions of administrative penalty, the organizations making the decisions of administrative penalty shall apply to the people' s court for coercive enforcement.

Chapter ¢ö Supplementary Provisions

Article 52 The municipal government may enact implementing rules according to these regulations.