Tourism Regulations of Jiangsu Province
(Adopted at the Nineteenth Meeting of the Standing Committee of the Twelfth People’s Congress of Jiangsu Province on December 4, 2015.
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Tourism Law of the People’s Republic of China and other relevant laws and administrative regulations, in light of the specific situation of this Province, and for the purpose of protecting the legitimate rights and interests of the tourists, tourism operators and tourism practitioners, regulating the order of the tourism market, protecting and reasonably utilizing tourism resources, and promoting the sustainable and healthy development of tourism.
Article 2 These Regulations apply to the tourists’ tourist activities and resource protection, making plans, industry promotion, public services, operation services and relevant supervision and administration of tourism within this Province.
Article 3 The development of tourism in this Province shall follow the principle of unifying social, economic and ecological benefits, highlighting local features, adhering to the guideline of combining effective protection of tourism resources and their reasonable development and utilization, upgrading tourism quality, advocating healthy, civilized and environment-friendly ways of tourism.
Article 4 Local People’s governments at or above the county level shall incorporate the development of tourism into the plan of national economy and social development and give more favorable policies to tourism and strengthen support.
Local People’s governments at or above the county level shall reinforce the organization and leadership of tourism work, clearly designate relevant departments or institutions, and make the overall coordination between tourism development and supervision and administration in their respective administrative regions.
Article 5 Local People’s governments at or above the county level shall be responsible for the work such as guidance and coordination, public services and supervision and administration of tourism within its administrative region.
Local People’s governments at or above the county level shall protect and promote the development of tourism according to their respective duties and functions.
Article 6 Tourism industry organizations established according to laws shall carry out self-regulation. Tourist operators and tourism practitioners shall be encouraged and guided to take part in tourism industry organizations out of their own wills.
Tourism industry organizations shall strengthen the dissemination and education on laws to their members, guide them to abide by laws and regulations, conduct business honestly and compete fairly, provide them with services such as publicizing market information, expanding tourism market, promoting products, industry training and exchanges, and defending their legal rights according to laws.
Competent tourism departments shall guide tourism industry organizations to formulate industry operation regulations and service standards and strengthen industry supervision and self-regulation.
Chapter II Tourism Planning and Promotion
Article 7 Competent tourism departments of local People’s governments at or above the county level shall work together with relevant departments to organize and implement investigation and assessment of tourism resources within their administrative regions, establish database of tourism resources, carry out dynamic management and coordinate the protection and development and utilization of tourism resources.
Article 8 Local People’s governments at or above the county level shall organize and formulate tourism development plans according to the requirements set in the national economic and social development plans and make announcement to the society.
People’s governments of the above level shall organize the compilation of tourism development plans covering multiple administrative regions, or relevant local people’s governments shall compile unified planning for tourism development through consultation. Provincial People’s government shall organize to compile specific plans for the development and utilization of major tourism resources in this Province.
Departments such as land and resources, planning, culture, agriculture, forest, water reservation, traffic and transportation, economy and informationization shall solicit opinions from competent tourism departments at the same level when compiling plans relevant to tourism development.
Article 9 Tourism development plans shall comply with major function plans and tourism development plan of the above level.
The planning for tourism development shall be matched with the master planning for land use, urban and rural planning, planning for ecological protection in red-line areas and planning for environmental protection, and the planning for protecting and utilizing scenic spots, natural conservations, cultural relics, drinking water sources, forest parks and wetlands, and publicly solicit opinions from social public and experts.
The formulation of tourism development plan shall emphasize local characteristics, reinforce the tourism cooperation and development with areas nearby and other areas, and promote the tourism integration in the Yangtze Delta area by exerting the comprehensive advantages of tourism resources.
Article 10 Local People’s governments at or above the county level shall be responsible for organizing and implementing tourism development plans of their respective regions, evaluate the implementation and publicize evaluation results to the society.
Article 11 The development and utilization of tourism resources shall be in accordance with tourism development plans, with environment impact evaluation being carried out and effective measures being taken to protect natural landscape and original ecological looks.
In terms of projects on tourism resources development and utilization to be examined or verified according to laws, relevant departments shall seek opinions from the competent tourism departments of the same level in the process of examination or verification.
Article 12 Where natural resources such as natural conservations, forest parks and wetlands are utilized for tourism development projects, the biodiversity of natural resources and completeness of ecological system shall be protected to ensure the sustainable utilization of resources.
Where humanistic resources such as history, culture and architectures are utilized for tourism development projects, their ethnic characteristics, traditional layouts and historic appearances shall be maintained.
Where social resources such as industry, agriculture and sports are utilized for tourism development projects, their contents shall be in harmony with environments, landscapes and facilities.
Article 13 Compensatory leasing of operation rights of state-owned tourism resources upon approval shall be conducted by means of auction, bidding and so on, following the principle of fairness, justice, openness and honesty. The income of compensatory leasing shall be administrated according to relevant national stipulations.
Where tourism operators fail to develop and utilize tourism resources according to the tourism development plans and agreements, and thus cause severe damages to or slack in tourism resources, local people’s governments shall withdraw the operation rights of state-owned tourism resources according to law.
Article 14 Local people’s governments at or above the county level shall formulate and organize the implementation of industry policies and measures which are beneficial to sustainable and healthy development of tourism industry, promote the integrated development of tourism industry and relevant industries, strengthen cross-regional tourism cooperation and operation and realize information connection, resources sharing and advantageous complementarities.
Competent tourism departments of the Provincial people’s government shall integrate tourism resources, develop featured tourism routes and products with the characteristics of Jiangsu Province and promote the joint development of tourism within this Province.
Article 15 Local people’s governments at or above the county level shall according to local situations and the needs of tourism development, arrange fiscal funds which shall be used in formulating tourism plans, tourism infrastructure construction, construction of tourism public service system and tourism image promotion and so on.
Article 16 Local people’s governments at or above the county level shall support and guide social funds to participate in tourism development. Investors shall be encouraged to take part in the development of tourism resources and infrastructure construction.
Financial and insurance institutions shall be encouraged to create financial and insurance products and services which meet the features of tourism industry; loan guarantee companies and re-loan guarantee companies shall be encouraged to provide financing guarantee services; the establishment of investment funds for tourism development shall be encouraged and channels of investment and financing in tourism industry shall be encouraged to expand.
Article 17 Local people’s governments at or above the county level and their relevant departments shall, in light of the local situations, take corresponding measures, support the research and development of tourism products, promote the development of tourism products and tourism device manufacture industry, popularize local traditional brands and fostering and innovating brands of tourism products.
Competent tourism departments of local people’s governments at or above the county level and their relevant departments shall raise tourism operators’ awareness of intellectual property rights and improve their abilities of creating, utilizing, protecting and administrating intellectual property rights.
Article 18 Local people’s governments at or above the county level shall encourage and guide tourism operators to develop tourism products such as industry tourism, countryside tourism, cultural tourism, revolution tourism, sports tourism, research tourism, health tourism and exhibition tourism on the basis of natural, humanistic and social resources of local areas and so on, complete tourism product systems and promote the coordinated development of sightseeing, leisure activities and vacation tours.
Article 19 Competent tourism departments of the Provincial people’s government shall promote the development of water tourism such as cruises (passenger liners), sightseeing boats and yachts, enhance the development of water tourism lines and products in the Yangtze River, the grand canal, lakes and coastal waters, and strengthen the dissemination and popularization of water tourism.
Departments such as development and reform, transportation, water conservatory, marines and tourism shall coordinate to promote infrastructural constructions such as the wharfs and berths for cruises (passenger liners), sightseeing boats and yachts and complete the functions of relevant tourism services and affiliated facilities.
Article 20 Local people’s governments at or above the county level shall plan to construct camp sites for motor homes and bases for self-driving tours, complete the service safeguarding system for self-driving tours, and provide self-driving tourists with services such as road guide, health aid and security rescue.
Tourism operators shall be encouraged to develop self-driving tour products and car rental companies shall be encouraged to conduct business of returning cars in different places.
Relevant departments of the provincial people’s government shall reinforce the policy support for settled self-driving tours and promote the institutionalization of self-driving tour administration and service standardization.
Article 21 Local people’s governments at or above the county level may formulate and organize the implementation of development plans of countryside tourism and formulate supporting policies and promote poverty alleviation and making people rich projects via countryside tourism in light of specific situations in this area.
People’s governments at the township level which are rich in tourism resources shall incorporate development of countryside tourism into relevant plans concerning the construction of new countryside and the construction of new-typed urbanization and strengthen the construction of public service systems and affiliated facilities of countryside tourism.
Article 22 Local people’s governments at or above the county level and their relevant departments shall guide and support residents in towns and villages or other investment entities to make use of the own resources and featured countryside resources to carry out operation activities of countryside tourism according to laws. If the conditions are met, relevant departments such as public securities, health and family planning, food and drug supervision and environmental protection shall make decisions on relevant administrative approval.
Where residents in towns and villages use their own residence or other conditions to carry out tourism operations according to law, the detailed administrative measures shall be formulated by the Provincial people’s government.
Article 23 Local people’s governments at or above the county level shall guarantee the land supply for tourism project construction according to the need of tourism development.
Waste lands, waste slopes, waste beaches, waste mines, waste industrial or mine plants and remote islands shall be encouraged to utilize in the development of tourism projects.
Article 24 Competent tourism departments of the provincial people’s government shall make overall coordination and organize the promotion of tourism image of the province, organize and coordinate tourism dissemination and promotion activities and large-scaled tourism celebrations and carry out tourism communication and cooperation with Hong Kong, Macau, Taiwan and foreign countries.
Competent tourism departments of local people’s governments at or above the county level shall innovate tourism marketing modes and organize and promote tourism image by combing tourism resources within their respective administrative regions. Other relevant departments shall assist competent tourism departments to do well in organizing and promoting tourism images in this region.
Article 25 Competent tourism departments of local people’s governments at or above the county level shall take measures to support the development of tourism specialists, promote institutes of higher learning and vocational and training institutions to cooperate with tourism operators to establish a base for training tourism specialists and starting up business, strengthen the education and training of tourism practitioners and improve the comprehensive quality of tourism practitioners.
Competent tourism departments of local people’s governments at or above the county level shall establish and complete the management and evaluation system for tour guides and an incentive mechanism which indicates that the professional ranks of tour guides and their service quality shall be in accordance with their payments.
Article 26 Tourism operators shall be encouraged to establish a tourism e-commerce platform, develop tourism e-commerce, provide individualized custom and reservation service and realize the online service functions such as information inquiry, reservation, payment and evaluation.
Tourism operators who meet conditions shall be encouraged to conduct internet finance service, establish a third-party payment platform for tourism operators and expand the application of mobile payments in tourism industry.
Article 27 Local people’s governments at or above the county level shall formulate relevant policies and measures to implement paid leaves. Tourists should be encouraged to travel during paid leaves and off-peak periods.
Article 28 Business activities of state organs, public institutions and state-owned enterprises and employee vacations organized by the Labor Union shall entrust the eligible tourist agencies or operators of countryside tourism by means of government purchase, service purchase and so on, to provide services such as transportation, accommodation and meeting services according to relevant stipulations.
Article 29 Standards of water, electricity, gas or heating fees shall be the same as the price for industry and enterprises according the national stipulations.
Article 30 Competent tourism departments of provincial people government shall establish and complete tourist service standardized system along with administrative departments of standardization and tourism industry organizations and promote the standardized management of tourism.
Article 31 Statistic institutions of provincial people’s government shall establish scientific evaluation system for tourism development and carry out tourism industry monitoring along with competent tourism departments.
Competent tourism departments of provincial people’s governments shall implement tourism statistic standard and establish a unified tourism data collection system. Competent tourism departments of local people’s governments at or above the county level shall publicize relevant tourism statistics to the society in time.
Chapter III Tourism Public Services
Article 32 Local people’s governments at or above the county level shall establish and complete a system of tourism public services, set up tourism infrastructural facilities such as tourist service centers, parking lots and restrooms, complete tourism service functions of public service facilities and provide tourists with services in terms of information inquiry, safety guarantee, convenient transport and services favorable and beneficial to people.
Article 33 Local people’s governments at or above the county level shall establish a platform for public tourism information and inquiry and provide tourists with tourism information and inquiry service including tourist sites, routes, transportation, weather, volume of tourists, accommodation, shopping and medical care and first aid, etc..
People’s governments of cities with districts and counties (cities and districts) shall set up tourism information center or self-catering multi-media facilities for tourism information at public transport junctions, business centers and tourist centers.
Competent tourism departments of local people’s governments at or above the county level shall publicize service information relevant to tourists such as the volume of tourists, tourism comfort index and the accommodation of hotels in tourist spots to the society during festivals and holidays such as the Spring Festival and the National day.
Article 34 Competent tourism departments of local people’s governments at or above the county level shall take advantages of modern information technology to complete basic database of tourism information and realize information connection and sharing with relevant departments to promote the smart development of tourism.
Article 35 Local people’s governments at or above the county level and relevant departments shall make a reasonable plan on tourism transport routes, plan to construct tourism public service facilities such as tourist transfers, tourist centers and routes that connect scenic spots and connect it to the plan of transportation development.
Competent tourism and transportation departments of people’s governments at or above the county level shall according to needs set up tourism signs and complete the establishment of indication and tourist symbols at scenic spots and on the roads leading to scenic spots.
Article 36 Competent tourism departments of people’s governments at or above the county level shall promote tourism public service’s entry into communities and provide convenience to community residents’ trips, their complaint on tourism and safeguarding their legal rights.
Tourism operators such as tourist agencies, hotels and restaurants, catering in scenic spots and entertainment shall be encouraged to cooperate with financial institutions, logistics enterprises to provide convenient and fast financial and logistics services to tourists.
Operation places of all kinds in scenic districts shall be encouraged to open their restrooms to tourists free of charge.
Scenic spots which are constructed by using public resources shall indicate favorable policies clearly and reduce or remit the ticket price for the disabled, senior citizens, the minor, servicemen, full-time undergraduates and other tourists who meet conditions.
Article 37 Competent tourism departments of local people’s governments at or above the county level may encourage and guide social investment and social forces to participate in tourist public service by means of government purchase and so on.
Article 38 Social public shall be encouraged to join in voluntary activities and engage in public services such as civilized guidance, guided tours and tourism consultation.
Chapter IV Tourism Operation and Services
Article 39 Tourism operators shall enjoy the following rights in the activities of tourism operation:
(1) Their rights of autonomous operation shall be protected by laws and illegal inspection, charged fees, fund raising and dispatching shall be refused;
(2) Intellectual property rights shall be protected by laws and no unit or individual shall be allowed to illegally obtain, use or disclose tourism routes, marketing plans, sales channels, customer information and other business secrets which have not yet been publicized by tourism operators;
(3) The illegal requests or those against social orders or customs which are proposed by tourists shall be refused;
(4) Other rights prescribed by laws and regulations.
Article 40 Tourism operators shall perform the following duties in the activities of tourism operation:
(1) abiding laws and regulations and providing standardized tourism services according to national standards or industry standards;
(2) following the principle of being voluntary, equal, fair and honest and performing the agreed duties according to agreements and contracts;
(3) protecting tourism resources and tourism environment;
(4) training people engaged in tourism on laws and regulations, work ethics, professional standards, professional skills and security precaution;
(5) establishing and implementing a responsibility system for tourism safety and safeguarding tourists’ personal and property safety;
(6) receiving supervision and administration of relevant administrative departments.;
(7) other duties prescribed in laws and regulations.
Article 41 Services provided to tourists by tour guides shall be assigned by travel agencies. Travel agencies shall take relevant legal liabilities for the behaviors of tour guides and tour leaders.
When they are working, tour guides and tour leaders shall hold tour guide certificates and tour leader certificates, bring itineraries provided by travel agencies, copies of tourism transportation contracts signed by travel agencies and qualified carriers or certificates.
Tour guide certificates and tour leader certificates shall be used by the person only and shall not be altered, lent or rented.
Article 42 Travel agencies shall sign labor contracts with employed tour guides, pay them reward equivalent to their professional ranks and service qualities and pay social insurance fees such as social security and medical security according to stipulations proscribed by laws and regulations.
Where travel agencies employ tour guides and tour leaders temporarily to provide services to tourists, they shall sign temporary contracts with them to stipulate respective rights and duties of both parties and pay service fees which are clearly stated in the packaged tourism service contracts in time.
Article 43 Where travel agencies organize tourism activities, they shall sign a written contract with tourists. The format of a written tourist contract may refer to the sample contract jointly recommended by competent tourism departments and the commercial and industrial administrative departments of the State Council.
Where travel agencies use self-made contracts, they shall inform local competent tourism departments and commercial and industrial administrative departments of the contracts in a written form.
Article 44 Tourism scenic spots shall, according to national and local standards, establish tourist affiliated services and supporting facilities such as water supply, electricity supply, gas supply, parking lots, restrooms, communications facilities and barrier-free facilities, set up standard instructions, security warning signs in Chinese and other languages in obvious places in time, and publicize ways of contact of inquiry, complaints and help.
The opening of tourist scenic spots shall follow the conditions stipulated in laws and administrative regulations and hear opinions from competent tourism departments.
Article 45 A service system of full-time tour guide interpreter at tourism scenic spots shall be promoted. Tourism industry organization may assign tour guides and tour leaders to provide temporary interpretation service to tourism scenic spots.
Administrative institutions of tourism scenic spots or operators shall not obstruct tour interpretation service of tour guides in the tour group. Tour guides in the tour group shall abide by relevant management system of tour guides at tourism scenic spots when they provide guided tour interpretation at tourism scenic spots.
Article 46 The ticket prices of tourism scenic spots which are constructed by using public resources and other charged items such as sightseeing places and vehicles at tourism scenic spots shall be decided by the governments or follow the advised prices set by the governments, and price rises shall be strictly controlled. Where the charged items have covered their investment cost, the charges shall be lowered or waived.
Article 47 Where travel agencies run their business on the internet, they shall obtain operation permit for travel agencies according to law, publicize information on their operation certificates or electronic links of their operation certificates and clearly state information of business operation certificates on their websites or obvious places on the homepages on operation activities. Where travel agencies run their business on the internet, they shall inform competent tourism departments at the county level at the place where they are located.
Operators who run tourism business on the internet shall sign a paper or electronic contract with tourists, and if they charge tourism service fees or other relevant fees they shall provide a paper or electronic invoice.
Information on tourism services provided by operators who run tourism business on the internet to tourists shall be authentic and reliable. Where they provide booking services such as transportation, accommodation, catering, sightseeing and entertainment, they shall select qualified operators to be service providers.
Article 48 Where travel agencies rent passenger vehicles and ships, they shall select qualified carriers and vehicles and ships which are covered by lawful compulsory insurances.
Tourism transport contracts signed by travel agencies and carriers shall clearly state transport plans, agreed transport routes, transport prices, requirements for vehicles and ships, requirements for the seats of tour guides or tour leaders and liabilities for the violation of contracts, etc.
Passenger vehicles and ships which carry on tourism transportation shall meet the requirements to safeguard personal safety and property safety, be equipped with qualified drivers and crew, GPS devices which may record the safety facilities and devices such as driving data, seat belts, fire protection, lifesaving, and maintain the normal function of safety facilities and devices.
Chapter V Operation in Good Faith and Civilized Tourism
Article 49 Travel agencies, tourism scenic spots and operators which provide tourists with services such as transportation, accommodation, shopping, catering and entertainment shall run their business in good faith according to laws, safeguard tourists’ legal rights and abide by the following stipulations:
(1) publicizing authentic and exact information without disseminating false information, cheating and misleading tourists;
(2) competing fairly without conducting illicit competition such as giving or receiving commissions;
(3) not seducing, forcing and forcing in disguised forms tourists to purchase goods or receive services in any form;
(4) respecting and protecting the privacy of tourists without illegally using and revealing tourists’ personal information.
Article 50 Travel agencies shall not organize tourism activities with unreasonably low price to seduce tourists and obtain illicit profits by arranging shopping or other charged tourism items for commissions.
When travel agencies provide package tour services to tourists, if both parties reach an agreement or tourists require to arrange shopping or other charged tourism items, they may sign supplement contracts with tourists and abide by the following stipulations:
(1) not impairing the itineraries of other tourists;
(2) not obtaining illicit benefits by arranging shopping, other charged tourism items for commissions;
(3) not arranging or recommending shopping paces which are not open to other social pubic and other charged tourism items to tourists;
(4) clearly informing tourists in advance of the agreed shopping places and other charged tourism items and the chances of risks.
Where tourists purchase goods at shopping places on which they have reached an agreement with travel agencies in a written contract, if the seller mixes up or adulterates products, passes fake imitations for genuine, sells seconds at best quality price, or passes unqualified products as qualified ones, or sells the goods beyond the date of expiration or goods which go bad, tourists may require tourist agencies to make compensation; after making compensation, tourist agencies have the right to recourse against the seller.
Article 51 Competent tourism departments of the people’s governments at or above the county level shall guide tourism industry organizations to organize, establish and complete honest files for tourism operators and people engaging in tourism, promptly, exactly and completely collect and record their credit information.
Tourism industry organization shall according to law, regulations and statutes evaluate their members’ credit ranks and publicize them to the public.
Article 52 Competent tourism departments of the people’s governments at or above the county level shall publicize to the public the following information of tourism operators when they perform their duties, by means such as enterprise credit information publicizing system:
(1) information on the approval , change and renewal of administrative permits;
(2) information on administrative punishment;
(3) other information that shall be publicized according to law.
Tourism operators shall according to relevant stipulations of the Interim Regulations on Publicity of Enterprise Information by the State Council, perform the duties of publicizing information as stipulated by laws voluntarily and publicize their relevant information promptly and genuinely.
Article 53 Competent tourism departments of local people’s governments at or above the county level shall establish a credit evaluation system for tourism operators, organize tourism industry organizations t carry out evaluation, hear opinions and suggestions from consumer associations or consumer representatives and publicizing results of credit evaluation to society regularly by combining the list of abnormal operation and the list of enterprises which severely violate laws in the record of enterprise credit information publicity system.
Article 54 Local people’s governments at or above the county level and relevant departments shall incorporate the work of civilized tourism into the creation of spiritual civilization.
Competent tourism departments of local people’s governments at or above the county level shall organize and conduct dissemination on civilized tourism, guide tourists and tourism operators in terms of healthy, civilized and environment-friendly travelling and stop tourists’ uncivilized behaviors.
Article 55 When travelling, tourists shall abide by social public orders and social morality, respect local customs, cultural traditions and religious beliefs, protect tourism resources and ecological environment and follow the behavior standards of civilized tourism.
Tourists shall not conduct any of the following acts while travelling:
(1) disturbing orders on buses, electric buses, trains, ships, aircrafts and other public transport vehicles;
(2) damaging public environment, hygiene and public facilities;
(3) breaking social norms and folk living traditions at tourism places;
(4) damaging cultural relics at tourism places by carving, smearing or other means;
(5) taking part in gambling or pornographic activities and so on;
(6) other acts that seriously disturb tourism orders.
Article 56 Competent tourism departments of the Provincial people’s government shall establish and complete a record system for tourists’ uncivilized behaviors.
Where tourists, in violation of the provisions of the second Paragraph of Article 55, receive administrative sanctions, take legal liabilities ruled by the court or have serious negative impacts on society, they shall be incorporated into the record of tourists’ uncivilized behaviors.
After the record of tourists’ uncivilized behaviors is formed, local people’s government at or above the county level shall circulate a notice to the tourist of his uncivilized behaviors record and remind him to take remediable measures. If situations are serious and impacts are severe, competent tourism departments may circulate a notice to departments such as public securities, the Customs, border inspection, transportation and credit institutions of the record of his uncivilized behaviors.
Chapter VI Tourism Safety
Article 57 People’s governments above the county level are responsible for tourism safety, establish and complete a working responsibility system for tourism safety. Relevant departments of tourism, safe production supervision, quality inspection, public securities, transportation, industry and commerce, health and the family planning, food and drug supervision of the local people’s governments at or above the county level shall perform the responsibilities and functions of tourism safety.
Article 58 Local people’s governments at or above the county level shall incorporate tourism emergency management into their emergency management system, organize relevant departments to develop emergency plans, and establish a tourism emergency response mechanism. They shall incorporate tourism safety into important contents of emergency monitoring and evaluation, establish a joint mechanism on tourism safety and carry out emergency drills.
People’s governments of the city and county (city, district) at the place where tourism emergency happens and relevant departments under them shall promptly deal with tourism emergency, take measures to conduct the rescue, and help tourists return to where they depart or any reasonable location designated by the tourists.
Article 59 In case of natural disasters, epidemics or other situations which may endanger the personal safety and property safety of tourists, competent tourism departments of local people’s government at or above the county level shall promptly publicize tourism safety warning information to tourism operators and tourists according to the notice announced by relevant departments.
When the flow of tourists may reach the maximum load of tourism scenic spots which is verified by competent departments of tourism scenic spots or management institutions, tourism scenic spots shall publicize notice in advance and report it to local people’s government at the same time. Tourism scenic spots and local people’s government shall promptly take measures to disperse the overflow and safeguard the personal safety and property safety of tourists.
Article 60 Tourism operators shall strictly abide by the laws, regulations, national and industrial standards on safety production management and fire safety management, meet corresponding safety production requirements, and develop tourist safety protection systems and emergency plans.
Tourism operators shall hold regular trainings on emergency rescue skills for practitioners who provide services directly to the tourists, carry out safety inspection, monitoring and evaluation over the products and services, and take necessary measures to prevent any harm.
When organizing or receiving the elderly, minor and disabled tourists, tourism operators shall take corresponding safety measures. Tourism operators shall hold safety trainings for tourists who participate in high-risk tourism activities.
After the occurrence of tourism safety accident or emergency, tourism operators and tourism practitioners shall promptly take necessary assistance and settlement measures, report it to relevant departments of tourism, safety production supervision, public securities and health and the people’s government at the place where the accident happens, and properly settle the tourists.
Article 61 Tourists shall abide by relevant safety warning stipulations in tourism activities, and take relevant liabilities in case of violating safety warning stipulations,
Tourists shall cooperate with the measures taken by the State to suspend or restrict tourism activities in response to major emergency, safety protection and settlement measures in response to emergency taken by relevant departments and proper safety protection and settlement measures in response to emergency taken by tourism operators.
Article 62 Competent tourism departments of the Provincial people’s governments shall along with relevant departments guide to establish a joint insurance system of tourism safety which covers the tourism operators’ liability insurance.
Liability insurance system for travel agencies shall be practiced. Tourism industry organizations may organize travel agencies within this Province or the branches of travel agencies from other provinces in this province to collectively purchase responsibility insurance for travel agencies.
Operators of accommodation, tourism scenic spots and high-risk tourism activities shall purchase relevant liability insurances according to laws and advise tourists to purchase personal accident insurances.
Tourism operators shall be encouraged to purchase public liability insurances.
Chapter VII Tourism Supervision and Management
Article 63 Competent tourism department of local people’s governments at or above the county level and relevant departments shall supervise and regulate tourism operation activities of tourism operators and practitioners and tourism service quality within their respective functions of responsibilities.
Article 64 Relevant departments of local people’s governments at or above the county level may in the light of specific situations at that area carry out tourism supervision and administration by means such as comprehensive law enforcement which are approved by legal procedures.
Competent tourism department of local people’s governments at or above the county level shall along with relevant departments establish a tourism joint mechanism on law enforcement, strengthen supervision and inspection on tourism market and tourism service quality and deal with illegal tourism acts according to laws.
Article 65 Competent tourism department of local people’s governments at or above the county level shall conduct supervision and inspection on tourism operation behaviors of tourism operators and practitioners according to laws, and have the right to check and duplicate the contracts, instruments, books and other materials that are suspected to be unlawful.
Article 66 Competent tourism department of local people’s governments at or above the county level shall establish and complete an evaluation mechanism on the service quality of tour guides and tour leaders, guide tourism industry organizations to improve their service and supervision and administration of trainings on practitioners.
Article 67 Institutions which evaluate the quality rank of tourism enterprises shall publicize quality ranks of tourism enterprises such as tourist agencies, tourism hotels, tourism scenic spots, tourism resorts and countryside tourism areas (spots) to society.
Article 68 Local people’s governments at or above the county level shall designate or set up a unified institution which receives tourism complaints and publicize telephone numbers and websites, and so on.
Upon the acceptance of tourists’ complaints, competent tourism departments of local people’s governments at or above the county level shall make a settlement decision within thirty working days if they are to be handled by the departments; if they are to be handled by other departments, they shall be transferred to relevant departments within five working days and the complainant shall be informed.
Relevant departments such as tourism, quality supervision, public securities, transportation, industry and commerce, health and the family planning, food and drug supervision and price of local people’s governments at or above the county level may accept and handle tourism complaints at tourists-intensified scenic spots. They shall promptly make a decision where tourism operation behaviors violate the law with clear and sufficient proofs.
Chapter VIII Legal Liabilities
Article 69 In case that the act in violation of these Regulations fails to be punished but laws and regulations have stipulations on punishment, they shall prevail.
Article 70 Where tour guides and tour leaders in violation of the provisions of the third Paragraph of Article 41 in these Regulations, modify, lend or rent tour guide certificate or the tour lead certificate, competent tourism departments shall order them to make correction and impose a fine of not less than RMB 1,000 yuan but not more than RMB 5,000 yuan.
Article 71 Where administrative institutions of tourism scenic spots or operators, in violation of the provisions in the Second Paragraph of Article 45 in these Regulations, object the tour guides in the tour group from providing guided tour service, competent tourism departments shall order it to make correction; if they refuse to make correction, a fine of not less than RMB 1,000 but not more than RMB 5,000 shall be imposed.
Article 72 Where travel agencies conduct any of the following acts, competent tourism departments or relevant departments shall order it to make correct and confiscate their illegal gains and impose a fine of not less than RMB 10,000 yuan but not more than RMB 50,000 yuan; if the illegal gains is over RMB 50,000 yuan, a fine of not less than the illegal gains but not more than five times of the illegal gains shall be imposed; if situations are serious, they shall be ordered to suspend operations for rectification or their travel agency business license shall be revoked; a fine of not less than RMB5,000 yuan but not more than RMB50,000 yuan shall be imposed on the directly responsible person in charge or other persons directly responsible:
(1) in violation of the provisions of the first and third Paragraph of article 48 in these Regulations, selecting the unqualified carriers or using passenger vehicles or ships which fail to meet the requirements to carry out tourism transportation;
(2) in violation of the provisions of the first paragraph of Article 49 in these Regulations, disseminating fake information and cheating and misleading tourists.
Article 73 Where travel agencies, in violation of the provisions of the first Paragraph of Article 50, organize unreasonably budget tourism activities, seduce and cheat tourists and obtain illicit gains such as by getting commissions from arranging shopping or other charged tourism items, competent tourism departments shall order it to make correct, confiscate its illegal gains, order it to suspend operation for ramification and impose a fine of not less than RMB 50,000 yuan but not more than RMB 300,000 yuan; if the illegal gains is over RMB 300,000 yuan, a fine of not less than the illegal gains but not more than five times of the illegal gains shall be imposed; if situations are serious, their travel agency business license shall be revoked; the illegal gains of the directly responsible person in charge or other persons directly responsible shall be revoked and a fine of not less than RMB 2,000 yuan but not more than RMB 20,000 yuan shall be imposed and the tour guide license or tour leader license shall be revoked or suspended.
Article 74 Staff of competent tourism departments or relevant departments who in violation of these Regulations, abuse their powers, neglect their duties and play favoritism shall be given sanction by the authorities in charge of appointment and removal or discipline authorities according to laws; if a crime is constituted, criminal liabilities shall be investigated according to laws.
Article 75 Where tourists cause disturbance to social order or public security when they travel, criminal liabilities shall be investigated according to laws.
Chapter IX Supplementary Provision
Article 76 These Regulations shall enter into effect as of March 1, 2016. The Tourism Administration Regulations of Jiangsu Province, adopted at the Nineteenth Meeting of Standing Committee of the Ninth People’s Congress of Jiangsu Province on October 17, 2000, shall be abolished at the same time.
