The dichotomy is to divide travel agencies into wholesale travel operators and travel agencies, and set up branches to operate outbound tourism business.

: 1. Travel agencies set up a branch for outbound tourism business.

1. To apply for domestic tourism business or outbound tourism business, you must have the qualification of enterprise legal person. In other words, the travel agency must be a limited liability company or a joint stock limited company, a partnership or a sole proprietorship enterprise. You can do it without legal personality. I don't do tourism business.

2. The registered capital (subscribed) is more than 300,000 yuan.

3 to apply for domestic tourism business and inbound tourism business, it shall apply to the local provincial tourism administrative department or its entrusted municipal tourism administrative department; Foreign-funded (joint venture, sole proprietorship) enterprises need to apply to the tourism administrative department of the State Council or the provincial tourism administrative department entrusted by it.

4. The travel agency shall, within 3 working days from the date of obtaining the business license of the travel agency, open a special account for quality deposit in the designated bank and deposit the quality deposit. The quality deposit can only be recovered after the travel agency stops operating.

5. Travel agencies engaged in domestic tourism business and inbound tourism business shall deposit a quality deposit of 200,000 yuan; Travel agencies engaged in outbound tourism business increased the quality deposit by 6.5438+0.2 million yuan. 6. Every time a travel agency establishes a branch to engage in domestic tourism business and inbound tourism business, it shall increase its quality guarantee account by 50,000 yuan; Every time a branch company engaged in outbound tourism business is established, its quality guarantee account will be increased by 300,000 yuan.

7. Tour guides of travel agencies shall hold a tour guide certificate prescribed by the state; Tourists who appoint tour leaders to organize outbound tours also need to have corresponding academic qualifications, language skills and travel experience. 8. Domestic tourism business can be directly applied, and outbound tourism business needs to meet two conditions: first, the travel agency has obtained the business license for two years, and second, it has not been fined or punished by the administrative organ for infringing the legitimate rights and interests of tourists.

Chapter I General Provisions

Article 1 These Regulations are formulated in order to strengthen the management of travel agencies, protect the legitimate rights and interests of tourists and travel agencies, maintain the order of the tourism market and promote the healthy development of tourism.

Article 2 These Regulations shall apply to the establishment and business activities of people's travel agencies in People's Republic of China (PRC).

The term "travel agency" as mentioned in these Regulations refers to an enterprise as a legal person engaged in soliciting, organizing and receiving tourists, providing relevant tourism services for tourists, and carrying out domestic tourism business, inbound tourism business or outbound tourism business.

Article 3 The tourism administrative department of the State Council shall be responsible for the supervision and administration of the national travel agencies.

The local people's tourism administrative departments and the people's governments at or above the county level shall be responsible for the supervision and administration of travel agencies within their respective administrative areas in accordance with their duties.

People from relevant departments such as industry and commerce, price, commerce and foreign exchange. According to the division of responsibilities, supervise and manage travel agencies according to law.

Article 4 Travel agencies shall follow the principles of voluntariness, equality, fairness, honesty and credibility in their business activities, improve service quality and safeguard the legitimate rights and interests of tourists.

Article 5 Trade organizations of travel agencies shall provide services for travel agencies in accordance with their articles of association, play the role of coordination and self-discipline, and guide travel agencies to operate legally, fairly and honestly.

Chapter II Establishment of Travel Agencies

Article 6 Anyone who applies for domestic tourism business and inbound tourism business shall obtain the qualification of enterprise legal person with a registered capital of not less than 300,000 yuan.

Article 7 To apply for domestic tourism business and inbound tourism business, an application shall be submitted to the local tourism administrative department of the province, autonomous region or municipality directly under the Central Government or the municipal tourism administrative department entrusted by it, and the application form shall be submitted.

Article 9 To apply for outbound tourism business, an application shall be submitted to the tourism administrative department of the State Council or the tourism administrative departments of provinces, autonomous regions and municipalities directly under the Central Government entrusted by it, and the tourism administrative department that accepts the application shall make a decision of approval or disapproval within 20 working days from the date of accepting the application. If a permit is granted, it shall renew the Travel Agency Business License to the applicant; If not, notify the applicant in writing and explain the reasons.

Article 10 When a travel agency establishes a branch, it shall register its establishment with the administrative department for industry and commerce where the branch is located, and shall file with the tourism administrative department where the branch is located within 3 working days from the date of registration.

The establishment of branches by travel agencies is not subject to geographical restrictions. The business scope of the branch shall not exceed the business scope of the travel agency that set up the branch.

Article 11 When a travel agency establishes a service outlet dedicated to attracting tourists and providing travel consultation (hereinafter referred to as the service outlet of travel agency), it shall go through the registration formalities with the administrative department for industry and commerce according to law and file with the local tourism administrative department.

Service outlets of travel agencies shall accept the unified management of travel agencies and shall not engage in activities other than soliciting and consulting.

Article 12 If a travel agency changes its name, business premises, legal representative and other registered items or terminates its operation, it shall go through the corresponding change or cancellation of registration with the administrative department for industry and commerce, and shall, within 10 working days from the date of completing the registration, go to the tourism administrative department for the record with the original license, and renew or return the business license of the travel agency.

Article 13 A travel agency shall, within 3 working days from the date of obtaining the Travel Agency Business License, open a special account for quality deposit in a bank designated by the tourism administrative department of the State Council, deposit the quality deposit, or submit a bank guarantee with a legally obtained guarantee amount not less than the corresponding quality deposit amount to the tourism administrative department that made the license.

Travel agencies engaged in domestic tourism business and inbound tourism business shall deposit a quality deposit of 200,000 yuan; Travel agencies engaged in outbound tourism business increased the quality deposit by 6.5438+0.2 million yuan.

The interest on the quality deposit belongs to the travel agency.

Article 14 Every time a travel agency establishes a branch of domestic tourism business and inbound tourism business, it shall add 50,000 yuan to its quality guarantee account; Every time a branch company engaged in outbound tourism business is established, its quality guarantee account will be increased by 300,000 yuan.

Fifteenth in any of the following circumstances, the tourism administrative department may use the quality deposit of the travel agency:

(a) the travel agency violates the travel contract and infringes on the legitimate rights and interests of tourists, which is verified by the tourism administrative department;

(two) the loss of travel expenses paid by tourists due to dissolution, bankruptcy or other reasons.

Article 16 If a people's court finds that a travel agency has harmed the legitimate rights and interests of tourists, and the travel agency refuses or is unable to pay compensation, the people's court of the United States may allocate compensation from the quality guarantee account of the travel agency.

Article 17 If a travel agency has not been fined or punished by the administrative organ for infringing on the legitimate rights and interests of tourists within three years from the date of paying or supplementing the quality deposit, the tourism administrative department shall reduce the amount of the quality deposit of the travel agency by 50% and announce it to the public. Travel agencies can reduce their quality guarantee by the certificates issued by the tourism administrative departments of provinces, autonomous regions and municipalities directly under the Central Government.

Eighteenth travel agencies to compensate tourists with quality margin, because of the violation of the legitimate rights and interests of tourists, the administrative organ fined or reduced the quality margin according to law, it should be made up.

The foreign-invested travel agencies mentioned in the preceding paragraph include Chinese-foreign joint venture travel agencies, Chinese-foreign cooperative travel agencies and foreign-funded travel agencies.

Twenty-second foreign-invested enterprises applying for travel agency business shall apply to the tourism administrative departments of the provinces, autonomous regions and municipalities directly under the central government where they are located, and submit relevant supporting documents that meet the conditions stipulated in Article 6 of these Regulations. The tourism administrative departments of provinces, autonomous regions and municipalities directly under the Central Government shall complete the examination within 30 working days from the date of accepting the application. If permission is granted, a travel agency business license shall be issued; If not, notify the applicant in writing and explain the reasons.

The establishment of foreign-invested travel agencies should also abide by the laws and regulations concerning foreign investment.

Article 23 Foreign-invested travel agencies shall not engage in overseas travel business of mainland residents in China, or travel business to Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Province Province, except for the decision of the United States or the free trade agreement in the Closer Economic Partnership Arrangement between the Mainland, Hong Kong and Macao signed by China and the Mainland.

2. Is it right for the travel agency to set up a branch for outbound travel?

A: Travel agency management refers to the decision made by travel agencies for their own survival, development and realization of their strategic goals, and the efforts made in various aspects to realize this decision. Running a travel agency is the most basic activity and the first function of its survival and development. The management ability and effect of travel agencies mainly depend on whether we can correctly understand and grasp the market demand and changes, whether the internal advantages of enterprises are fully exerted, and the degree of coordinated development of internal conditions and markets. In other words, it depends on the ability of travel agencies to adapt to the market.

According to the relevant laws of our country, travel agencies can operate domestic tourism, outbound tourism, border tourism, inbound tourism and other tourism businesses. Engaged in outbound and border tourism, must obtain a business license.

Tourism Law of the People's Republic of China

Twenty-ninth travel agencies can operate the following businesses:

(1) domestic tourism;

(2) outbound tourism;

(3) Border tourism;

(4) inbound tourism;

(5) Other tourism businesses.

Travel agencies engaged in the second and third items of the preceding paragraph shall obtain corresponding business licenses, and the specific conditions shall be stipulated by the State Council.

Business scope of international travel agencies

The business scope of international travel agencies includes inbound tourism, outbound tourism and domestic tourism. The specific business includes the following contents:

1. attract China tourists to visit China, arrange transportation, sightseeing, accommodation, catering, shopping, entertainment and provide tour guide services.

2. In order to attract foreign tourists to China, overseas Chinese, people from Hong Kong, Macao and Taiwan will inform them about returning to China and traveling to the mainland, arrange transportation, sightseeing, accommodation, catering, shopping, entertainment and provide related services such as tour guides.

3. With the approval of the National Tourism Administration, attract and organize domestic residents to travel abroad, Hong Kong, Macao and Taiwan, and arrange tour leaders and entrust reception services for them.

4. With the approval of the National Tourism Administration, attract and organize residents in China to travel to the border areas stipulated by the countries bordering China, and arrange tour guides and entrust reception services for them.

5. After approval, accept the entrustment of tourists and handle the entry and exit and visa procedures for tourists.

6. Purchasing and booking domestic and international air tickets for tourists, and providing luggage service.

7. Other tourism businesses stipulated by the National Tourism Administration.

3. The following are outbound tourism businesses operated by travel agencies.

In order to protect the legitimate rights and interests of tourists, travel agencies must pay a certain quality deposit at the competent tourism bureau when bidding, usually 300,000 yuan for domestic travel agencies and 0.4 million yuan for outbound travel agencies.

Travel agencies engaged in outbound tourism business shall pay

1. attract China tourists to visit China, arrange transportation, sightseeing, accommodation, catering, shopping, entertainment and provide tour guide services.

In order to attract foreign tourists to China, overseas Chinese, Hong Kong, Macao and Taiwan people will inform them to return.

5. After approval, accept the entrustment of tourists and handle the entry and exit and visa procedures for tourists. 6. Purchasing and booking domestic and international air tickets for tourists, and providing luggage service. 7. Other tourism businesses stipulated by the National Tourism Administration. To set up a travel agency, the following conditions shall be met: 1 Having a fixed business place, that is, the business place owned by the applicant or the business place leased by the applicant, with a lease term of not less than one year; 2 necessary business facilities, that is, more than 2 fixed telephones, fax machines, photocopiers, and computers with networking conditions with tourism administrative departments and other tourism operators; 3. The registered capital is not less than 300,000 yuan.

5. According to Travel Agency Regulations, China's travel agencies are divided into business market and business scope.

Easy, domestic travel agency business scope reference: domestic tourism business; Inbound tourism business.

Second, the business scope of international travel agencies: domestic tourism business; Inbound tourism business; Air ticket sales agent; Operating outbound tourism business; Accept the commission to sell tickets; Selling train tickets; Etiquette;

Public parking service for motor vehicles; Catering management; Rent a car

Chapter I General Provisions

Article 1 In order to strengthen tourism management, maintain the order of the tourism market, protect the legitimate rights and interests of tourists and tour operators, and promote the development of tourism, these Regulations are formulated in accordance with the provisions of relevant national laws and regulations and combined with the actual situation of this province.

Article 2 "Tourism" as mentioned in these Measures and these Regulations refers to industries that use tourism resources and facilities to attract or receive tourists exclusively or mainly and provide services such as sightseeing, transportation, accommodation, catering, shopping, culture and entertainment for tourists.

Article 3 Anyone who engages in tourism management and tourism activities within the administrative area of this province shall abide by these regulations.

Article 4 To develop tourism, we should adhere to the principle of paying equal attention to socialist material civilization and spiritual civilization, and unifying social benefits, environmental benefits and economic benefits. On the premise of environmental protection, cultural relics protection and scenic spots protection, develop tourism resources to ensure the coordinated development of tourism and related industries.

Article 5 People's governments at or above the county level shall, according to the conditions of tourism resources, formulate tourism development plans and incorporate them into the national economic and social development plans of their respective administrative regions, take effective measures to strengthen the construction of tourism infrastructure and service facilities, strengthen the construction of revolutionary traditional education and patriotic education scenic spots, and encourage and support the development of tourism.

Encourage domestic units, individuals and foreign investors to invest and develop tourism resources according to law, and protect the legitimate rights and interests of investors according to law.

Sixth local people's governments at or above the county level shall be responsible for the supervision and administration of tourism within their respective administrative areas; Other relevant departments shall, in accordance with their respective responsibilities, cooperate in tourism management.

Seventh people's governments at or above the county level shall, according to the advantages and characteristics of tourism resources, strengthen publicity and improve the visibility of key tourist attractions; Improve the tourism service system, improve the management level and service quality; Develop tourism products and enrich tourism cultural life; Educate tourism professionals to establish the concept of reputation first, quality first and service first, and create a good tourism environment.

Eighth units and individuals that have made outstanding contributions to the protection, development and utilization of tourism resources in tourism management activities shall be commended and rewarded by the local people's governments at or above the county level or the competent tourism departments.

Chapter II Tourists

Article 9 The legitimate rights and interests of tourists are protected by law, and no unit or individual may infringe upon them.

Tenth tourists enjoy the following rights:

Personal and property safety is inviolable;

(two) to choose the tourism operators and services independently, and to decide the tourism destination independently.

Eleventh tourists should abide by the provisions of tourism order, tourism safety, environmental sanitation and so on. To fulfill the tourism contract or agreement, cherish the tourism resources and facilities, and respect the ethnic customs and religious beliefs of the tourist destination.

Twelfth the establishment of tourism complaints system. When the legitimate rights and interests of tourists are infringed, they can claim compensation from the tour operators according to law, complain to the people's governments at or above the county level or other relevant departments and organizations where the tour operators are located or where the infringement occurred, or bring a lawsuit directly to the people's court.

Thirteenth claims and complaints of tourists should be taken seriously and dealt with in a timely manner. The tourist operator who is required to pay compensation shall reply to the tourists within five days; The people's governments at or above the county level or other relevant departments and organizations that accept complaints from the people's tourism administrative departments shall give tourists a reply within ten days.

Chapter III Tour Operators

Article 14 The term "tourism operators" as mentioned in these Measures and the term "tourism business units" as mentioned in these Regulations refers to the units that specialize in or mainly engage in tourism business activities in accordance with the provisions of these Regulations, including travel agencies, tourist hotels, tourist shops, travel companies and service companies, tourist cultural and entertainment places and resorts (villages), management institutions of tourist attractions (spots) and individual operators.

Tourism operators must obtain business qualifications according to law before they can engage in tourism business activities.

Fifteenth tour operators should operate according to law, follow the principles of good faith and fair competition, abide by professional ethics, and provide quality services for tourists.

Tourism operators shall provide services in accordance with the scope and standards of services agreed in the contract or agreement.

Sixteenth tour operators should publish the service items and service charges approved by the price department, clearly mark the price, and ensure the quality of service.

Tourism operators are not allowed to raise the fees for tourism services without authorization, to force tourists to participate in tourism projects that they do not want to participate in, to operate tourism commodities and services that are explicitly prohibited by the state, to force tourists to buy tourism commodities, and to defraud or blackmail tourists' property.

Seventeenth tour operators should establish and improve the safety management system, equipped with tourism safety facilities and equipment suitable for the business scope, to ensure the personal and property safety of tourists. High-altitude tourism facilities and adventure tourism projects must comply with national safety regulations and standards.

Tourism operators shall give true explanations and clear warnings to tourists on matters that may endanger the personal and property safety of tourists, and handle travel accident insurance for tourists in accordance with relevant state regulations.

Article 18 When the personal and property safety of tourists is seriously violated, tour operators shall take effective measures to rescue or help find them, and report to relevant departments in time.

Nineteenth tour operators should strengthen the professional ethics education and professional training for employees. Employees must be trained and qualified before they can take up their posts.

Employees in the tourism industry must be loyal to their duties, abide by laws and regulations, and serve tourists enthusiastically.

Twentieth the legitimate rights and interests of tourism operators are protected by law, and no unit or individual may infringe upon them. Tour operators have the right to report and accuse violations of their legitimate rights and interests.

Tourism operators have the right to refuse the relevant departments to forcibly promote their designated commodities, and have the right to refuse the charges and apportionment in violation of the relevant provisions of the state and the province.

Twenty-first travel agencies receiving domestic and foreign tour groups shall sign a written contract with the tour group.

A travel agency shall not entrust any unit or individual other than the travel agency to operate the tourism business, and shall not operate the tourism business beyond its business scope.

Twenty-second tourist attractions (spots) management agencies should strengthen the management of tourist attractions (spots), keep tourist facilities intact, keep tourist attractions (spots) clean, and provide tourists with a safe, civilized, hygienic, beautiful and convenient tourist environment.

second

Tour guides must wear a tour guide card and a tour guide card in the tour guide post, and shall not engage in tour guide business without a license or without the appointment of a travel agency; Do not ask for tips, deduct or deduct the accommodation and catering expenses of tourists in disguise; Do not change tourist attractions against the wishes of tourists; It is not allowed to take overseas tour groups or teams to non-designated tourist units for accommodation, catering, shopping, entertainment or chartered cars in violation of the contract.

Chapter IV Supervision and Administration

Twenty-fourth local people's governments at or above the county level shall, in accordance with the administrative authority, supervise and manage the tourism operators. Tourism operators should accept supervision and management.

Twenty-fifth key tourist facilities and projects shall solicit the opinions of the people's tourism administrative departments, approved by the people's governments at or above the county level, and in accordance with the national and provincial people's governments.

Twenty-sixth travel agency business license system. To apply for the establishment of an international travel agency, an application shall be made to the tourism administration department of the local people's government, and the tourism administration department of the people's government at or above the county level shall apply to the provincial people's government of the United States. After examination and approval, the application shall be submitted to the national tourism administration department for examination and approval. To apply for the establishment of a domestic travel agency, an application shall be made to the tourism administrative department of the local people's government, and the people's government at or above the county level shall apply to the tourism administrative department of the provincial people's government for approval by the US government.

In accordance with the provisions of the preceding paragraph, the tourism administrative department of the provincial people's government shall issue a "Travel Agency Business License" and apply for a business license at the administrative department for industry and commerce.

Article 27 Where a provincial travel agency sets up a branch in this province and a provincial travel agency sets up a branch in other parts of this province, it shall apply to the people's government of the city, autonomous prefecture and the people's government of the regional administrative office with the Travel Agency Business License and the Enterprise Legal Person Business License, and submit them for approval in accordance with the provisions of the State Council.

Article 28 Where a tourism operator establishes a tourism office overseas, runs a tourism enterprise, holds a tourism promotion activity or holds a national tourism promotion activity in China, a foreign travel agency shall apply to the tourism administrative department of the local people's government for the establishment of a resident tourism agency in this province, and after being audited by the tourism administrative department of the provincial people's government, it shall report to the relevant departments of the State Council for approval.

Twenty-ninth travel agencies shall pay the quality deposit to the tourism administrative department of the people's government. The people's governments at or above the county level shall, in accordance with the Regulations of the State Council Municipality on the Administration of Travel Agencies. The quality deposit belongs to the paid travel agency and is used to compensate tourists for their losses. No unit or individual may occupy or misappropriate.

Thirtieth new tourist star hotel, should seek the opinions of the provincial people's government department in charge of tourism. Hotels that meet the star conditions shall participate in the star rating according to the standards stipulated by the state and be included in the standardized management. Hotels rated as star-rated should implement a star-rated review system.

Thirty-first tourist hotels, tourist resorts (villages), tourist car companies, restaurants, shops, entertainment places, etc. engaged in foreign-related tourism business shall be managed at designated points in accordance with tourism standards to ensure service quality. Specific measures shall be formulated by the provincial people's government.

Article 32 The tourism administrative department of the provincial people's government shall, jointly with relevant departments, classify tourist attractions (spots) according to the contents of tourist landscapes, reception scale, service quality, management level, public security and health conditions, and the conditions of ornamental, cultural and tourist facilities.

(3) Asking for tips from tourists, and deducting or disguising the accommodation and catering expenses of tourists;

(four) against the wishes of tourists, without changing the scenic spots;

(5) Taking overseas tour groups and groups to non-designated tourist units for accommodation, catering, shopping, entertainment and chartered cars.

In case of any of the acts listed in Items (3), (4) and (5) of the preceding paragraph, if the circumstances are serious, the provincial people's government and the tourism administration department of the United States government shall revoke their tourist guide cards.

Thirty-fifth in violation of public security management, construction, land, forestry, transportation, cultural relics protection, price, foreign affairs, environmental protection, industrial and commercial administration and other laws and regulations. Engaged in tourism or tourism business activities, by the people's governments at or above the county level according to law; Those who violate the criminal law shall be investigated for criminal responsibility according to law.

For the same illegal act, no administrative penalty of more than two fines shall be given.

Thirty-sixth if a party refuses to accept a specific administrative act made by the tourism administrative department of the people's government, the people's government at or above the county level and its relevant administrative organs may apply for administrative reconsideration or bring an administrative lawsuit to the people's court according to law.

Article 37 Any staff member of the tourism administrative department and other relevant administrative departments of the people's government at or above the county level who neglects his duty, abuses his power or engages in malpractices for selfish ends shall be given administrative sanctions by his unit or the competent authority at a higher level; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VI Supplementary Provisions

Article 38 These Regulations shall come into force as of June 2007 1997.

6. According to the Travel Agency Regulations, travel agencies need to pay * * * fees for outbound travel business.

To apply for the establishment of a travel agency engaged in domestic tourism business and inbound tourism business, the following conditions shall be met:

It is easy to apply for a domestic travel agency. If you need a travel agency with outbound travel qualifications, you must first apply for domestic travel.