Laws of the People's Republic of China

    Article 1  These Regulations are formulated in order to standardize tour-guiding activities, to protect the lawful rights and interests of tourists and tour guides, and to promote the healthy development of tourism.

    Article 2  Tour guides mentioned in these Regulations refer to those who have obtained a Tour Guide Certificate according to these Regulations, and accept appointment of a travel agency to provide tourists with guiding, introducing and other related tourism services.

    Article 3  The State exercises a system of nationwide uniform examination of qualification for tour guides.

    Any citizen of the People's Republic of China, who has an academic degree conferred by a high school, a secondary specialized school or higher, is in good health, and possesses basic knowledge and language skills catering to the needs of tour-guiding, may take part in the examination for tour guide qualification; those who have passed the examination shall be issued a Tour Guide Qualification Certificate by the tourism administration department of the State Council or the tourism administration departments of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government delegated by the tourism administration department of the State Council.

    Article 4  A Tour Guide Certificate shall be obtained in order to conduct tour-guiding activities within the territory of the People's Republic of China.

    Only after concluding a labor contract with a travel agency or registering with a tour guide service company, may those with a Tour Guide Qualification Certificate apply to the tourism administration departments of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government for obtaining a Tour Guide Certificate on the strength of the labor contract and documents certifying the registration.

    For anyone who possesses the language skills of a special language but has not obtained a Tour Guide Certification Certificate, if a travel agency needs to employ him to temporarily conduct tour-guiding activities, the travel agency shall apply to the tourism administration departments of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government for obtaining a Temporary Tour Guide Certificate for him.

    The design and format of Tour Guide Certificate and Temporary Tour Guide Certificate are laid down by the tourism administrative departments of the State Council.

    Article 5  Anyone falling under any of the following circumstances shall not be issued with a Tour Guide Certificate:

    (1) having no capacity for civil conduct or having a limited capacity for civil conduct;

    (2) suffering from contagious diseases;

    (3) having received criminal punishment, except for involuntary crimes;

    (4) having ever been has Tour Guide Certificate revoked.

    Article 6  The tourism administration department of the people's government of a province, autonomous region or municipality directly under the Central Government shall issue Tour Guide Certificate within 15 days from the date of receiving application for obtaining a Tour Guide Certificate; if it is found that any circumstance stipulated in Article 5 of these Regulations exists, therefore no Tour Guide Certificate shall be issued, a written notice shall be send to the applicant.

    Article 7  Tour guides shall continuously improve their professional skills and ethics.

    The State exercises a system of grade testing system for tour guides. The standards and measures for grade testing for tour guides are to be worked out by the tourism administration department of the State Council.

    Article 8  When conducting tour-guiding activities, tour guides shall bear their Tour Guide Certificate.

    The Tour Guide Certificate has a term of validity of 3 years. If the holder of a Tour Guide Certificate intends to continue to conduct tour-guiding activities after the expiration of the term of validity, he shall, before 3 months of the expiration of the term of validity, apply to the tourism administration department of a province, autonomous region or municipality directly under the Central Government to undergo the procedures for reissue of a Tour Guide Certificate.

    The term of validity of a Temporary Tour Guide Certificate shall not be more than 3 months, and shall not be renewed.

    Article 9  A tour guide must be appointed by a travel agency in order to conduct tour-guiding activities.

    A tour guide shall not privately contract to, or directly contract to in any other form, engage in tour business and conduct tour-guiding activities.

    Article 10  When conducting tour-guiding activities, tour guides' personal dignity shall be respected, and their personal safety shall not be endangered.

    Tour guides are entitled to refuse any unreasonable request that affronts their dignity or infringes their professional ethics.

    Article 11  When conducting tour-guiding activities, tour guides shall conscientiously protect the interests of the State and national dignity; any words and behaviors impairing the interests of the State or national dignity shall be avoided.

    Article 12  When conducting tour-guiding activities, tour guides shall obey professional ethics, dress decently, behave politely, respect tourists' religious belief, ethical customs and living habits.

    When conducting tour-guiding activities, tour guides shall give explanation to human and natural conditions of the touring place, and make introduction into social customs and habits; however, they shall not mix any vulgar and indecent elements into their explanation and introduction for catering to vulgar interests of some tourists.

    Article 13  Tour guides shall strictly follow the travel agency's hosting plan to arrange tourists' travel and sightseeing activities, shall not arbitrarily add or reduce any tour items or cease his tour-guiding activities.

    In the cause of leading tourists to travel and sightsee, if encountering any emergent situations that possibly endanger the tourists' personal safety, the tour guide may, upon consent of the majority of tourists, adjust or modify the hosting plan, but a prompt report shall be made to the travel agency.    

    Article 14  In the cause of leading tourists to travel and sightsee, the tour guide shall truthfully state the situations that possibly endanger the tourists' personal or property safety and give clear warnings to the tourists, and shall adopt measures to prevent the occurrence of the danger according to the travel agency's instructions.

    Article 15  When conducting tour-guiding activities, tour guides shall not sell any goods to or buy any goods from tourists, nor seek tips for tourists in explicit or implied ways.

    Article 16  When conducting tour-guiding activities, tour guides shall not deceive or force tourists to consume or collude with proprietors to deceive or force tourists to consume.

    Article 17  For an act of a tour guide violating the provisions of these Regulations, tourists are entitled to file a complaint towards the tourism administration departments.

    Article 18  For anyone who conducts tour-guiding activities without a Tour Guide Certificate, the tourism administration department shall order him to make corrections and make the matter public, and impose a fine of not less than 1,000 yuan nor more than 30,000 yuan; if there are illegal earnings, such illegal earnings shall be confiscated.

    Article 19  If, without appointment of the travel agency, a tour guide conduct tour-guiding activities by privately contracting to, or directly contracting to in any other form, engage in tour business, the tourism administration department shall order him to make corrections, and impose a fine of not less than 1,000 yuan nor more than 30,000 yuan; if there are illegal earnings, such illegal earnings shall be confiscated; if the circumstances are serious, the Tourism administration department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke his Tour Guide Certificate and make the matter public.

    Article 20  If, when conducting tour-guiding activities, a tour guide has any words and behaviors impairing the interests of the State or national dignity, the tourism administration department shall order him to make corrections; if the circumstances are serious, the Tourism administration department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke his Tour Guide Certificate and make the matter public; the travel agency to which the tour guide in question belongs to shall be given a warning, and even have its business suspended for rectification.

    Article 21  If, when conducting tour-guiding activities, a tour guide does not carry out his Tour Guide Certificate, the tourism administration department shall order him to make corrections; if the making of correction is refused, a fine of not more than 500 yuan shall be imposed.

    Article 22  If a tour guide falls under any of the following circumstances, the tourism administration department shall order him to make corrections and temporarily revoke his Tour Guide Certificate for from 3 to 6 months; if the circumstances are serious, the Tourism administration department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke his Tour Guide Certificate and make the matter public:

    (1) arbitrarily adding or reducing any tour items;

    (2) arbitrarily changing the hosting program;

    (3) arbitrarily ceasing his tour-guiding activities.

    Article 23  If, when conducting tour-guiding activities, a tour guides sells any goods to or buys any goods from tourists, or seek tips for tourists in explicit or implied ways, the tourism administration department shall order him to make corrections and impose a fine of not less than 1000 yuan nor more than 30,000 yuan; if there are illegal earnings, such illegal earnings shall be confiscated; if the circumstances are serious, the Tourism administration department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke his Tour Guide Certificate and make the matter public; the travel agency appointing the tour guide in question shall be given a warning, and even have its business suspended for rectification.

    Article 24  If, when conducting tour-guiding activities, a tour guide deceives or forces tourists to consume or colludes with proprietors to deceive or force tourists to consume, the tourism administration department shall order him to make corrections and impose a fine of not less than 1000 yuan nor more than 30,000 yuan; if there are illegal earnings, such illegal earnings shall be confiscated; if the circumstances are serious, the Tourism administration department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke his Tour Guide Certificate and make the matter public; the travel agency appointing the tour guide in question shall be given a warning, and even have its business suspended for rectification; if a crime is constituted, criminal liability shall be investigated according to Law.

    Article 25  Any staff members of tourism administration departments who neglect their duties, abuse their powers, practise favoritism for personal interests shall be investigated for criminal liabilities if crimes are constituted, or given administrative sanctions if no crimes are constituted.

    Article 26  Measures for administration of tour guides in scenery sites or scenery zones are to be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government by reference to these Regulations.

    Article 27  These Regulations take effect as of October 1, 1999. The Interim Measures for Administration of Tour Guides approved by the State Council on November 14, 1987 and promulgated by the State Tourism Bureau on December 1, 1987 shall be repealed simultaneously.