(August 2, 2004, Legal Affairs Office of the State Council document law (2004) Letter No. 292 promulgated by)

    National Tourism Administration of the People's Republic of China.
"Please explain your bureau on the box of the relevant legal issues in management of tourism industry in the brigade (2004)" (Letter No. 135) has been received. After careful study, we now reply as follows:
    A, merger is generally divided into merger by absorption. The combined absorption, absorption will be dismissed; merger by new establishment, merger. According to the provisions of the administrative license law article seventieth, a legal person or any other organization is terminated according to law, the administrative license shall be cancelled. Accordingly, do not have the outbound tourism business qualification a community with outbound travel business qualification B cooperatives, set up new corporation, a community with ethylene agency were disbanded, B agency outbound travel business qualification shall be cancelled, the new legal person can not continue to use the B agency outbound travel business qualification.
    Two, "tour guide personnel management regulations" provisions, engaged in the tour activities, shall be issued by provincial, autonomous regions, municipalities directly under the central government, tourism administrative departments of the tour guide certificate. Therefore, "Regulations" tour guide personnel management and not on the tour guide certificate geographical restrictions stipulated, according to the provisions of the administrative license law forty-first, tour guide certificate nationwide.
    Three, the administrative licensing law the fifty-eighth regulation, the administrative organs to implement the administrative license and supervise and inspect the administrative licensing matters, shall not charge any fees, unless the provisions of the laws, administrative rules and regulations provide otherwise. "Travel regulations" and "Regulations" tour guide personnel management does not have the regulations issued by the travel agency business license, certificate of tour guide certificate can charge a fee. Therefore, travel agency business license, certificate of tour guide certificate fee charged by the unreasonable according to law, shall be cleaned according to the administrative licensing law.
    Four, according to the "Regulations" travel agency management, meet the prescribed conditions, are eligible to apply for the travel agency business license. The travel agency after the restructuring to become other subsidiaries, the travel agency terminated, its business license shall be cancelled.
    Five, according to the "regulations Chinese travel management measures" article twenty-fifth sixth, what is the point of "influence China outbound tourism order other behavior", identified in accordance with the law by the Tourism Administration Department of the state council.

    Attached: National Tourism Administration on please explain letter the relevant legal issues in management of tourism industry
    July 5, 2004 The letter [2004]135)
    Legislative Affairs Office of the state council:
    "Administrative licensing law" of the people's Republic of China was implemented in July 1, 2004, it became the administrative organ establishment and implementation of an administrative license according to law. "Travel Management Ordinance", "Chinese Travel Management Ordinance" has been implemented, is an important administrative regulations on management of tourism industry. In the implementation of these laws and regulations in the process, all levels of tourism industry department has encountered some can not grasp, problems to be solved, I Bureau guidance. Because this problem relates to the interpretation of law and statute, beyond my bureau functions, I Bureau to collect part of the problem, we put forward the following, please do be answered:
    1 administrative licensing law ninth stipulation, "the administrative license obtained in accordance with the law, unless the law, regulations in accordance with the statutory conditions and procedures can be transferred, shall not transfer." Travel agencies are still permit system. Bid (domestic) travel, International Travel Agency (excluding outbound) and can operate outbound travel agents, have different requirements, must be approved by the competent department of tourism industry. Along with the travel agency to speed up the pace of restructuring, by merging, so that the original does not have a qualified enterprises to obtain a license in the form. For example: do not have the qualifications of a travel agency with outbound qualification B cooperatives, and a majority stake in society, the new legal person can continue to use B agency outbound travel business license? Whether this is the transfer of administrative licensing? Concerning the transfer of the statutory conditions and procedures are not clearly defined the tourism laws and regulations, and how to realize the legal transfer?
    2 on the tour guide certificate, certificate and card has no geographical restrictions and problems. The tour guide in obtaining the national tour guide qualification certificate, must be provided by the province (autonomous region, municipality directly under the central government) tourism departments audited for tour guide certificate in the local. Because of the special situation of tourism industry, has long been in a province, a tour guide certificate, to B, when the tour guide, they must participate in the B tourism industry department in charge of training practice. The administrative license law of administrative licensing no geographical restrictions, the implementation of administrative licensing, this approach could keep? The tour guide certificate can pass?
    3 on the charge problem. Provisions of the administrative license law do not collect fees administrative license. The tourism administration department for approval no fee, issued a travel agency business license, qualification certificate when only charge a small fee. This fee is necessary, but no legal basis for the implementation of the administrative licensing law, whether can continue to charge? (see Appendix)
    4 on the travel agency should have legal qualifications problem. In the process of the reform of the travel agency, some travel agency become a subsidiary of unincorporated branch, and the request to retain the travel agency business license. For the non corporate travel agency can retain its business license?
    5 "China outbound tourism management approach" the provisions of article second: Any unit and individual shall not organize Chinese citizens to the Tourism Administration Department of the State Council released the travel destination countries other than the country of tourism. But for the violation of the provisions of the organization Chinese citizens travel to non tourist destination countries to implement administrative punishments not made clear. According to the sixth paragraph can "approach" the provisions of twenty-fifth, by the tourism administrative department of the State Council will act as belonging to the influence of China citizens traveling abroad order recognized this behavior?
    The above problems, hope to answer.