Research on Tourism Law

China's laws and regulations on tourism are:

1. Measures of the Ministry of Culture and Tourism on Tourism Administrative Licensing

The Measures for Tourism Administrative Licensing, which was considered and adopted at the 3rd Director's Office Meeting of the National Tourism Administration on March 2, 2018, is hereby promulgated and shall come into force as of May 1, 2018.

2. Measures for the Administration of Tourism Safety of the Ministry of Culture and Tourism

"Measures for the Administration of Tourism Safety" was adopted at the 11th Director's Office Meeting of the National Tourism Administration on September 7, 2016. It is hereby promulgated and shall come into force as of December 1, 2016.

3. Tourism Law of the Ministry of Culture and Tourism

The Tourism Law of the People's Republic of China was adopted by the second session of the 12th the NPC Standing Committee in People's Republic of China (PRC) on April 25th, 2013, and is hereby promulgated and shall come into force as of October 1st, 2013.

4. Measures for the Administration of Tour Guides of the Ministry of Culture and Tourism

"Measures for the Administration of Tour Guides" was considered and adopted at the 17th Director's Office Meeting of the National Tourism Administration on October 16, 2017. It is hereby promulgated and shall come into force as of January 1, 2018.

5. Measures of the Ministry of Culture and Tourism for the Administration of Mainland Residents Traveling to Taiwan Province.

(Promulgated by Decree No.26 of the National Tourism Administration, the Ministry of Public Security and the Taiwan Province Affairs Office of the State Council on April 16, 2006, and effective as of the date of promulgation. According to Order No.37 of the National Tourism Administration, the Ministry of Public Security and the Taiwan Province Affairs Office of the State Council on June 20, 2011, the Decision of the National Tourism Administration, the Ministry of Public Security and the Taiwan Province Affairs Office of the State Council on Amending the Measures for the Administration of Mainland Residents Traveling to Taiwan Province was revised for the first time.

According to Decree No.43 of the National Tourism Administration, the Ministry of Public Security and the Taiwan Province Affairs Office of the State Council on April 13, 2017, the Decision of the Taiwan Province Affairs Office of the State Council of the Ministry of Public Security of the National Tourism Administration on Amending the Measures for the Administration of Mainland Residents' Travel to Taiwan Province was revised for the second time.

Extended data:

In addition to the above legal provisions, there are also some provisions of relevant departments in China, as follows:

1. Notice of the Ministry of Culture and Tourism-Office of the National Tourism Administration on Matters Related to the Management of Tour Leaders.

The Travel Agency Regulations revised and promulgated by Order No.676 of the State Council of the People's Republic of China on March 1, 2017, and the Detailed Rules for the Implementation of the Travel Agency Regulations revised and promulgated by Order No.42 of the National Tourism Administration on December 12, 2016 further clarify that the management of tour leaders will be changed from the qualification access system to the filing management system, and the tourism authorities will no longer conduct administrative examination and approval on tour leaders, and these rules are formulated.

2. Notice of the Ministry of Culture and Tourism-Office of the National Tourism Administration on Strengthening the Supervision of the Outbound Travel Market

As the outbound tourism market of Chinese citizens continues to heat up, cases such as cheating shopping, leaving the group to stay, losing property, robbing and stealing occur from time to time. In order to effectively purify the outbound travel market order, protect the legitimate rights and interests of citizens' outbound travel, and avoid major tourism safety incidents, the next step is to strengthen the management of outbound travel and standardize the relevant requirements of this outbound travel operation.

Further strengthen the construction of tourism integrity, improve the mechanism of credit reward and punishment combined transport, create an honest, self-disciplined, trustworthy and mutual trust credit environment in the tourism market, and promote the sustained and healthy development of tourism. The relevant matters are hereby notified as follows:

Source of reference: Ministry of Tourism of People's Republic of China (PRC)-Measures for Tourism Administrative Licensing.

Source of reference: Ministry of Culture and Tourism of the People's Republic of China-Measures for the Administration of Tourism Safety

Source of reference: Ministry of Culture and Tourism of the People's Republic of China-Tourism Law

Source of reference: Ministry of Culture and Tourism of People's Republic of China (PRC)-Measures for the Administration of Tour Guides

Source of reference: Ministry of Culture and Tourism of People's Republic of China (PRC)-Tourism Management of Mainland Residents in Taiwan Province.

Source of reference: Notice of the Ministry of Culture and Tourism-Office of National Tourism Administration on matters related to the management of tour leaders.

Source of reference: Notice of Ministry of Culture and Tourism-Office of National Tourism Administration on Strengthening the Supervision of Outbound Tourism Market

Legal analysis: Tourism law is the general name of legal norms regulating various social relations in the field of tourism activities, that is, the sum of various legal norms regulating tourism legal relations. The emphasis here on "the general name of various legal norms" shows that the concept of tourism law is broad. It includes tourism laws in a narrow sense. Its function is to standardize the operation of tourism, to formulate functions and criteria for travel agencies and tourism professionals, and to guarantee the legitimate rights and interests of tourists.

Legal basis: Tourism Law of the People's Republic of China

Article 1 This Law is formulated to protect the legitimate rights and interests of tourists and tour operators, standardize the order of the tourism market, protect and rationally utilize tourism resources, and promote the sustained and healthy development of tourism.

Article 2 This Law shall apply to tourism activities in the form of sightseeing, vacation and leisure organized abroad in People's Republic of China (PRC) and in People's Republic of China (PRC), as well as business activities providing related services for tourism activities.

Article 3 The State develops tourism, improves public tourism services, and protects the rights of tourists in tourism activities according to law.