(Adopted on December 31, 2003 at the 9th Session of the Standing
Committee of the 12th Shanghai Municipal People' s Congress)
Chapter I General Provisions
Article 1
For the purposes of promoting this Municipality' s development
of tourist industry, rationally exploiting and effectively protecting
tourist
resources, upholding the order of tourism market and safeguarding the legitimate
rights and interests of tourists and tourism
operators, these Regulations are
formulated in accordance with relevant laws and administrative regulations and
in line with this
Municipality' s actual circumstances.
Article 2
Tourist
industry mentioned in these Regulations refers to the integrated industry using
the tourist resources and facilities to
provide the tourists with such services
as tours, accommodation, food and beverage, communication, shopping, recreation
and information,
etc.
Tourist resources mentioned in these Regulations refer
to the natural resources, historical humanistic resources and other social
resources, which may be exploited and utilized for the development of tourist
industry and may bring benefit to the economy, society
and environment. Tourism
operators mentioned in these Regulations refer to the units or individual
persons engaged in tourist operation
activities including the operators of
travel agencies, tour guide service companies, hotels, tourist gathering and
dispersing centers,
and tourist areas (spots), network tourism operators, tour
routes operators.
Article 3
These Regulations apply to the promotion and
development of tourism, the drawing up of tourism planning and protection of
tourist
resources, the operation activities of tourism operators, the tour
activities of tourists, and the related supervision and administration
within
this Municipality' s administrative areas.
Article 4
The development of
tourist industry shall be coordinated with the economic and social development,
give prominence to the characteristics
of metropolitan tours, follow the
principle of unified planning and sustainable development, stick to the
combination of the exploitation,
utilization and protection of tourist
resources, and stick to the unification of economic benefit, social benefit and
environmental
benefit generated from tourism.
Article 5
The municipal,
district and county people' s governments shall incorporate the development of
tourist industry in the national economic
and social development plans. The
Municipal People' s Government shall strengthen its leadership over tourism work,
set up the
coordination mechanisms for tourism work, and promote the coordinated
development of the tourist industry and the related industries.
The
municipal, district and county people' s governments shall commend and reward
units and individual persons that have made outstanding
contributions to the
promotion of the development of tourist industry.
Article 6
The municipal
tourism administrative department and the district and county tourism
administrative departments (hereinafter referred
to as tourism administrative
departments) are responsible for the drawing up of tourism planning, the
promotion of tourist industry,
the organization and coordination of the
exploitation, utilization and protection of tourist resources and for the
guidance, supervision
and administration of tourist operation activities of
their respective administrative areas.
Relevant administrative departments
shall, in accordance with their respective functions and duties, safeguard and
promote the development
of tourist industry.
Article 7
Tourism operators
may according to law establish or join relevant trade associations.
Relevant
trade associations shall draw up trade service norms, enhance trade
self-discipline, and may, in accordance with their
members' demand, carry out
such activities as providing their members with services, organizing market
expansion, participating
in tourism promotion, releasing market information,
recommending tourism products, and launching trade training and
exchanges.
Chapter II Promotion and Development of Tourism
Article 8
The Municipal People' s Government shall, in its annual fiscal
budgets, arrange special funds for tourism development. Such funds
shall mainly
be used for the publicity on the city image, construction of tourist
public-welfare facilities and organization of
major tourism promotion activity,
etc.
The people' s governments at all levels shall give support to the
construction funds for the necessary auxiliary facilities in relation
to road
traffic, safety safeguarding, environmental sanitation, supply of water and
electricity, protection of natural environment
and cultural heritage of tourist
areas (spots).
Article 9
Tourism administrative departments shall,
jointly with relevant administrative departments, build up a bank for tourist
construction
projects to be developed, direct the investments in tourist
projects with local specialties and cultural connotation, furnish information
and help coordination for domestic and overseas investors to participate in the
development and construction of tourist industry,
and give policy support to
tourist construction projects in key tourist areas and projects that will bring
about local economic
and cultural development.
Domestic and overseas
enterprises that carry out tourist operation activities in Shanghai by adopting
such forms as share-participation,
merger and purchase or moving of head offices
shall enjoy the same treatment as this Municipality' s tourism enterprises. Where
there are special provisions prescribed by laws and regulations therefor, such
provisions shall prevail.
Article 10
The tourism administrative
departments and the relevant administrative departments shall encourage tourism
operators to take advantage
of this Municipality' s industrial, agricultural,
commercial, sports, scientific and technological, cultural, educational, health
and other social resources to develop tourism products, and realize the
combination of tourist industry with relevant industries.
In the drawing-up
of planning and designing of schemes of this Municipality' s regional development
and public works projects, or
State large-scale engineering, parallel
consideration shall be given to the development of tourism functions and the
construction
of relevant facilities.
Article 11
Travel agencies of all
provinces, autonomous regions and municipalities directly under the central
government may organize their
local touring groups to come to Shanghai directly
for tourist activities.
Tourism administrative departments and relevant
administrative departments shall provide convenience for travel agencies from
all
provinces, autonomous regions and municipalities directly under the central
government and the Shanghai-bound tourist groups organized
by such travel
agencies.
Article 12
The municipal tourism administrative department
shall, jointly with relevant administrative departments, set up tourism
publicity
outlets at home and abroad, drawing up plans for publicity on this
Municipality' s tourism image and enhancing the publicity on
this Municipality' s
city image and tourist areas (spots).
Article 13
Where a paid transfer of
operation rights of State-owned tourist resources is made with approval, the
principle of openness, fairness,
impartialness and good faith shall be followed,
and the transfer shall be conducted in the form of auction or
bidding.
Article 14
When this Municipality' s public passenger
transportation planning is made, opinions shall be sought from tourism
administrative
departments; when public passenger transportation lines are
arranged and stations and stops set up, demands of tourism development
shall be
also taken into account.
The planning of this Municipality' s intracity tour
routes shall be incorporated in the planning of urban traffic lines and
networks.
The disposition of this Municipality' s tour routes and their
facilities shall be in coordination with the public passenger transportation
lines and facilities.
Article 15
Tourism administrative departments shall
carry out tourism statistics analysis, set up tourism information management
systems, realize
intercommunication of tourist information among regions and
publish relevant tourist information to the public.
The municipal tourism
administrative department shall establish public-welfare tourism consultation
agencies and websites, and set
up self-service interactive tourist information
multimedia facilities at public transit hubs, stations and spots, tourism
gathering
and dispersing terminals and major tourist areas (spots), so as to
provide information consultation services for tourists.
Article 16
This
Municipality institutes the system for forecast about holiday tours and the
system for release of tour warning information.
The municipal tourism
administrative department shall, during the period of Spring Festival,
International Labor Day and National
Day and one week prior to holidays, release
through mass media to the general public daily information about the conditions
of
reception of tourist facilities including accommodation and traffic in major
tourist areas(spots).
Where natural disasters, epidemic diseases or other
circumstances that would harm the personal and property safety of tourists occur
in relevant tourist areas, the municipal tourism administrative department
shall, based on the notice published by relevant departments,
timely release
tour warning information to tourism operators and tourists.
Article 17
Tourism administrative departments and relevant administrative departments
shall furnish corresponding guarantee and public service
to tourist e-commerce,
encourage enterprises to set up tourist e-commerce platforms, develop on-line
information search, reservation,
payment and other service functions to realize
on-line tourist transaction.
Article 18
Encouragement shall be given to
the promotion of development of tourist industry by use of such activities as
relevant specialized
conferences, fair trading, theatrical festivals, sports
events, science and technology exchanges. Relevant organizing bodies, when
coordinating and arranging for annual exhibition plans, shall give priority
consideration to large-scale exhibition items with
a high degree of
internationalization and with an obvious promotive effect on tourist
industry.
Article 19
The Municipal People' s Government shall coordinate
annual festive activity plans, encourage tourism operators to develop festive
tour products and to nurture special festive activities with a strong effect and
public participation. Every year prior to the
holding of Shanghai tourist
festival activity, the organizing unit shall release activity information in
advance, coordinating
matters in relation to tourist festival
activities.
Article 20
Tourism administrative departments and relevant
administrative departments shall, through provision of information, assistance
in
coordination and other forms, promote the research, production and
development of tourist souvenir goods with local specialty of
this Municipality.
This Municipality encourages enterprises to provide corresponding complete
set of services for commodities bought by tourists.
Article 21
With
respect to the examined and approved official activities of State organs,
enterprises, institutions and mass organizations,
the arrangements for
transportation, accommodation, food and beverage, conference affairs and other
matters may be entrusted to
travel agencies.
Article 22
Tourism
administrative departments and relevant administrative departments shall
strengthen the building of tourism colleges, schools
and specialties, promote
scientific research, teaching and vocational training of tourism, and cultivate
personnel specialized
in tourism.
Article 23
This Municipality pursues
the standardization of tourism services.
In respect of tourism service fields
involving physical health and personal and property safety, where there are no
state and trade
criteria, relevant administrative departments shall draw up
local criteria and organize their implementation. In respect of products,
services and facilities provided by tourism operators, where there are mandatory
standards, such standards shall be complied with.
Chapter III Tourism Planning and Resources Protection
Article 24
The municipal tourism administrative department, based on
actual demands of tourism development, jointly with relevant departments,
shall
prepare this Municipality' s tourism development planning and, after
comprehensive balance, incorporate such planning in
the overall city planning.
The tourism development planning shall be in coordination with relevant
specialized development planning
and regional development planning.
Every
district or county people' s government shall draw up the tourism development
planning of its own district or county in accordance
with the municipal tourism
development planning.
Article 25
In drawing up of this Municipality' s
tourism development planning, it is imperative to give play to the comprehensive
advantages
of tourist resources in the Yangtze Delta region and boost
cooperation and development of regional tourism.
In respect of tourism
development of the Huangpu River, Suzhou Creek and other water system landscape,
and with respect to the development
of tourist resources between districts or
between districts and counties, overall consideration and coordination shall be
conducted.
Article 26
The municipal tourism administrative department, on
the basis of the municipal tourism development planning, jointly with relevant
developments, shall organize the drawing up of, or direct the district and
county tourism administrative departments to organize
the drawing up of, special
plans for tourist holiday areas, specialty tourist streets and specialty
farmyard-tour villages. The
special plans drawn up by the district and county
tourism administrative departments shall reflect the regional characteristics
and functional features, and shall be submitted to the municipal tourism
administrative department for comprehensive balance.
Article 27
In
drawing up tourism planning, opinions of the public shall be heard.
The
drawing up of tourism planning may be entrusted to specialized agencies at home
and abroad through bidding.
Article 28
The new construction,
reconstruction and extension of tourist areas (spots), hotels and other tourism
construction projects shall
comply with the municipal or district or county
tourism development planning; the scale and style of their buildings shall be in
harmony with the surrounding landscapes, and shall not destroy tourism
environment and ecological environment.
When examining and approving tourist
areas (spots), hotels and other tourism construction projects, relevant
administrative departments,
shall seek opinions from tourism administrative
departments and shall conduct environmental impact assessment according to
law.
Article 29
The municipal tourism administrative department shall,
jointly with relevant departments, conduct general survey and evaluation of
tourist resources within the limits of this Municipality, establish tourist
resources files and draw up schemes for protection
of tourist resources, and
organize the implementation of the schemes.
Article 30
Where nature
reserves and other natural resources are used to develop tourism projects, the
provisions of relevant laws, rules and
regulations shall be complied with, and
corresponding protective measures shall be adopted. No construction projects in
the areas
of places famous for their scenery or historical relics as well as
their peripheral preservation zones set by planning shall not
spoil landscapes,
contaminate environment or hinder sightseeing.
Article 31
Where areas
with historical and cultural features and styles and excellent historical
architectures as well as other historical
humanistic resources are used to
develop tourism projects, the provisions of laws, rules and regulations shall be
complied with,
and the unique historical styles and features shall be preserved,
and no arbitrary reconstruction, removal or demolition is allowed.
The
municipal tourism administrative department shall, jointly with the relevant
departments, make signboards introducing in Chinese
and foreign language(s)
relevant the historical and cultural backgrounds of historical and humanistic
tourist areas (sports).
Article 32
Where industrial, agricultural,
commercial, sports, scientific and technological, cultural, educational, health
and other social
resources are used to develop tourism projects, the
coordination and unification of their contents and the landscape, environment
and facilities shall be maintained.
Chapter IV Protection of Rights and Interests and Norms for Operation
Article 33
The legitimate rights and interests of tourists are protected
by law. Tourists are entitled to the following rights:
(1) To be informed of
true matters about products and services provided by tourism operators;
(2)
To choose independently the tourism operators and the modes and contents of
products and services provided by the tourism operators;
(3) To request
tourism operators to provide services at prices matching quality, in line with
agreements or usual practices;
(4) To get respect for personality dignity,
national customs and habits, and religious beliefs;
(5) To enjoy according to
law the right to get compensation for personal and property damage due to
receiving services offered by
tourism operators; and
(6) Other rights as may
be prescribed by laws, rules and regulations or as may be stipulated in the
tourism contract.
Article 34
Tourists shall abide by laws, rules,
regulations and social ethics, show respect for national customs and habits and
for religious
beliefs, protect tourist resources and ecological environment,
care for historic sites, cultural relics and tourist facilities,
comply with
provisions concerning safety and sanitation administration, and fulfill the
obligations stipulated in the tourism contract.
Article 35
The
independent operation right of a tourism operator is protected by law. A tourism
operator has the right to refuse any charge,
apportionment and inspection in
violation of provisions of laws and regulations, and has the right to refuse
demands of tourists
in violation of laws, rules, regulations, social ethics or
the contents specified in the tourism contract.
The intellectual property
rights of a tourism operator are protected by law. No unit or individual person
shall illegally acquire,
use or disclose operating and marketing plans, sales
channels, name lists of customers and other trade secrets of a tourism
operator.
Article 36
A unit or individual person engaged in tourism
operation activity shall, in accordance with State provisions, obtain a business
license according to law. Where there is need for permits issued by relevant
administrative departments as prescribed by laws and
regulations, corresponding
operation permits shall be obtained.
A tourism operator, who operates or
organizes floating, hunting, exploration and other special tour activities with
potential danger,
shall go through formalities for examination and approval in
accordance with relevant provisions prescribed by the State.
Article 37
A tourism operator shall strictly implement the State provisions concerning
safety and sanitation administration, perfect corresponding
management systems,
install requisite facilities and equipment, and intensify maintenance and
care.
A tourism operator shall give tourists explanation or explicit warning
in respect to circumstances in tour activities that may possibly
endanger
personal and property safety, and adopt corresponding measures to prevent the
occurrence of such dangers.
Article 38
A tourism operator shall make
public his or her service items, contents, and charge criteria and explicitly
display the prices,
and is prohibited from selling by force through tickets or
package tickets.
The ticket prices in tourist areas (spots) shall be set and
readjusted in accordance with relevant provisions of the State and this
Municipality.
Article 39
In organizing tour activities, a travel agency
shall enter into contracts with the tourists, which shall specify the service
items,
price criteria, liability for breach of contract and other matters. For
the making of a tourism contract, reference may be made
to the model contract
text recommended by relevant administrative departments; tourists who have
special requirements may make
special agreements with the travel
agency.
Where a travel agency has business contacts, due to reception and
solicitation of customers, with other travel agencies and enterprises
in terms
of accommodation, food and beverage, shopping and tourist areas (spots), a
contract shall be entered into to specify rights
and obligations of both
parties. Where outbound tours are organized, overseas travel agencies shall be
selected in accordance with
the State provisions.
A travel agency that fails
to provide relevant services by the standards specified in a tourist contract
shall bear liability for
breach of contract and, in the case of losses caused to
tourists, shall make compensation in accordance with law. Where a tourism
contract fails to be fulfilled or fails to be completely fulfilled due to other
tourism operators, and inflicts losses on tourists,
the tourists are entitled to
claim compensation with the travel agency, and the travel agency, after making
compensation, has the
right to look into liability for breach of contract on the
part of the tourism operators who caused the nonperformance of the tourist
contract in part or in whole.
Where tourists purchase commodities in tourist
stores designated by a written contract with a travel agency, and the tourist
stores
make adulteration, pass fake imitations for genuine, sell seconds at the
best prices, pass off the unqualified as qualified goods,
or sell commodities
that cease to be effective or that have deteriorated, the tourists may claim
compensation with the travel agency,
and the travel agency, after having made
the compensation, has the right to hold the sellers of such commodities liable
for breach
of contract.
This Municipality exercises the travel agency quality
deposit system. Where a travel agency that has infringed upon the
tourists'
interests, fails or is insolvent to make compensation, the tourism
administrative department may according to law compensate the
tourists by using
the travel agency quality deposit.
Article 40
A tour guide shall pass the
qualification examination before obtaining a tour-guide qualification
certificate. A person who has
obtained a tour-guide qualification certificate
shall sign a contract or register with a travel agency, tourist area (spot) or
tour-guide service company before applying for a tour-guide certificate or a
tourist area (spot) tour-guide certificate.
A travel agency or tourist area
(spot), when employing a tour guide registered with a tour-guide company, shall
enter into a contract
in writing with the tour-guide company, stipulating the
rights and obligations of both parties.
Article 41
Facilities and
equipment of hotels shall satisfy the standards set by the State and this
Municipality. A hotel operator shall abide
by laws and regulations, provide
tourists with standard services and protect personal and property safety of the
tourists.
Hotels exercise the grade assessment and cross-check system. The
criteria and procedures for assessment and cross-check follow relevant
provisions set by the State and this Municipality. A hotel that has obtained the
service quality grade shall provide services that
correspond to its service
quality grade; a hotel that has not obtained the service quality grade shall not
use the service quality
grade mark and title.
Article 42
The limits of a
tourist area (spot) shall be demarcated rationally in line with the city
planning.
A tourist area (spot) operator shall, in accordance with tourist
safety and service quality and other requirements, determine the
tourist
reception capability, exercise flow control and publish it to the general
public.
A tourist area (spot) shall, in accordance with reception
requirements and the standards set by the State and this Municipality,
establish
complete tourist service facilities such as water and electricity supplies,
parking lots and public toilets.
Article 43
Franchised operation is
practiced for tour routes. The Municipal People' s Government designates the
examination and approval body
of franchised operation and provides for the
establishment terms and conditions thereof.
A tour routes operator shall
operate in accordance with the authorized tour route directions, times, number
of runs and flights,
and means of transportation, providing promised relevant
services and shall not arbitrarily alter or reduce the service items and
contents.
The gathering and dispersing centers of tourists shall practice
uniform establishment and standard management. The gathering and
dispersing
centers of tourists shall institute the supervision system for operation,
conducting routine supervision on conveyances,
operation standards and service
items for which the tour routes operators undertake commitments, and assisting
relevant administrative
departments in doing well the safety supervision and
control work of tour route conveyances. The gathering and dispersing centers
of
tourists shall not arbitrarily allow conveyances without approval for operation
of tour routes to enter the center to operate.
Article 44
A network tour
operator shall provide tourists with true and reliable tour service
information.
A network tour operator who provides tourists with intermediary
services such as sightseeing, travel, accommodation, transportation
and food and
beverage shall select tourism operators with corresponding operation
qualification as service suppliers.
A network tour operator who deals in
travel agency business shall obtain a business license.
Article 45
Hotels, tourist areas (spots) and other tour operation places shall in
conspicuous positions use public information graphic symbols
in compliance with
the State provisions.
Article 46
Tourism operators and their employees
shall not do any one of the following acts:
(1) Organizing or furnishing
activities that damage the State interests, national dignity and in
contravention of social ethics;
(2) Dealing in tour business beyond the
authorized scope;
(3) Imitating registered trade marks, brand names or
quality accreditation marks of other tourism operators, or arbitrarily using
titles of other tourism operators;
(4) Making false publicity on service
scope, contents or standards; and
(5) Such other acts prohibited by laws,
rules and regulations.
Article 47
Where disputes arise between tourists
and tourism operators, the tourists may seek solution through the following
channels:
(1) Conducting consultation with tourism operators;
(2) Lodging
complaints with the consumers association and the tourism trade
association;
(3) Filing complaints with the tourism, industry and commerce
and other administrative departments;
(4) Applying to the arbitration body
for arbitration if there is an arbitration clause stipulated in a tourism
contract or if an
arbitration agreement in writing is reached after the event;
and
(5) Bringing a lawsuit before the people' s court.
Article 48
Tourism administrative departments shall perfect the tour complaints lodging
system, set up and publish telephones for complaint
lodging, and receive
complaints from tourists. A tourism administrative department, after receiving a
complaint from a tourist,
shall make a handling decision and reply to the
complainant within 45 days if the handling is under its authority; and, in the
case of a complaint that is subject to the handling by another department, it
shall refer the complaint to the relevant department
and notify the complainant
within five workdays.
Chapter V Legal Liability
Article 49
Tour operators and their employees who violate any provisions
of tourism operation administration for which penalties are prescribed
by laws
and regulations, shall be liable to such penalties.
Any tourist who violates
the provision under Article 34 of these Regulations shall be dealt with as
provided by relevant laws and
regulations.
Article 50
Any tourism
operator who in violation of the provision under Article 38, Clause 1 of these
Regulations, sells by force through tickets
or package tickets shall be ordered
by the tourism administrative department to make correction, to have his or her
illegal gains
confiscated and to be imposed a fine of more than one time and
less than five times the amount of the illegal gains; or, in case
there are no
illegal gains, a fine of not less than 2,000 yuan and not more than 10,000 yuan
shall be imposed.
Article 51
Any person who in violation of the provision
under Article 41, Clause 2 of these Regulations, uses arbitrarily a grade mark
or title
despite having obtained no service quality grade mark, or though having
obtained a service quality grade mark, uses a grade mark
or title that is not
what it should be, shall be ordered by the tourism administrative department to
make correction within a time
limit, to have his or her illegal gains
confiscated and to be imposed a fine of more than one time and less than five
times the
amount of the illegal gains; in case of no correction made within the
prescribed time period, business suspension for rectification
may be
ordered.
Article 52
Where, in violation of the provision under Article
43, Clause 3 of these Regulations, a gathering and dispersing centre of tourists
arbitrarily allows conveyances without approval for operation of tour routes to
enter the centre to operate, the tourism administrative
department shall order
correction to be made, confiscate the illegal gains and impose a fine of more
than one time and less than
five times the amount of the illegal
gains.
Article 53
The party concerned, if disagreeing with the specific
administrative act made by a tourism administrative department and a relevant
administrative department, may apply for administrative reconsideration, or
bring an administrative lawsuit according to the "Law
of the People' s Republic of
China on Administrative Reconsideration" or the "Administrative Litigation Law of
the People' s Republic
of China" .
Where the party concerned does not apply for
administrative reconsideration, nor brings an administrative lawsuit, nor
performs
the specific administrative act within the prescribed time period, the
tourism administrative department and the relevant administrative
department
that made the specific administrative act may apply to the people' s court for
enforcement.
Article 54
Staff members of a tourism administrative
department and other relevant administrative department who neglect their
duties, abuse
their powers or engage in malpractice for personal gains, shall be
punished with disciplinary sanctions by the units where they
work or the
competent authorities at the higher level; if the wrongful acts constitute a
crime, the wrongdoers shall be prosecuted
for their criminal liability as
provided by law.
Chapter VI Supplementary Provision
Article 55
These Regulations shall become effective on March 1, 2004.
