关于加强中国公民出境旅游市场管理的通知
国家旅游局
关于加强中国公民出境旅游市场管理的通知
各省、自治区、直辖市旅游局(委):
“全国恢复与振兴旅游工作座谈会”召开后,各地认真贯彻,积极行动,旅游市场正开始恢复。为加强出境旅游恢复中市场秩序的监管,制止一些违法违规行为重新抬头,国家旅游局就进一步加强出境旅游市场管理提出要求,请各地根据本地区的实际,切实抓好出境游市场的管理工作。
一、充分认识加强管理的重要性和必要性
中国公民出境旅游业务自1997年正式开展以来得到较快发展,目前已开展组团业务的有24个国家和地区。2002年,中国公民出境人数达到1660万人次,较好地适应了旅游消费需求,促进了我国旅游业的发展。同时,对增进中外民间交往,提高我国的国际形象和地位发挥了积极作用。为促进出境旅游健康有序发展,近年来,各级旅游部门加大了对出境旅游市场整治和管理的力度,取得了一定成效。但旅游市场不规范经营的现象仍然严重存在,当前比较突出的问题是:用超范围经营招徕游客,以虚假广告搞价格欺诈,采取“零负团费”方式经营普遍存在,擅自增加自费项目、诱骗游客购物消费和诱导游客参加内容不健康活动的行为屡禁不止等。这不仅危害了旅游者的合法权益,严重地影响了出境旅游市场的健康恢复与振兴,而且有损于国家和旅游的形象。对此,各省级旅游局要引起高度重视,深刻认识加强管理既是一个规范旅游市场秩序的工作问题,也是一个维护国家形象的政治问题,从讲政治和实践“三个代表”重要思想的高度充分认清加强出境旅游市场管理的重要性和必要性,以对国家和旅游者高度负责的态度,树立全局观念,克服畏难情绪,深入贯彻“全国恢复与振兴旅游工作座谈会”精神,结合本地实际,采取有效措施,真抓实干,切实加强对出境旅游市场的管理。
二、突出重点,在主要环节上下功夫
(一)从坚决执行"六不准"要求入手,加强对组团社的管理。各省级旅游局要严格按照国家旅游局对经营出境旅游业务的旅行社实行不准超范围经营、不准组织到未开放的目的地国家旅游、不准与境外没有批准的旅游社有业务往来、不准超计划购物、不准强迫推销自费项目和不准诱导游客涉足不健康的娱乐场所的"六不准"要求,全面加强对所辖组团社的监管。一是要组织本辖区内组团社的法人代表和总经理进行"六不准"的学习轮训,熟知和掌握其要求。二是要与出境游组团社签订“责任书”,并在社会上进行公示,组团社要公开承诺执行"六不准"的规定。三是要对领队人员进行严格的资格审查、培训,要求组团社必须制定《出国领队责任制》,明确领队执行"六不准"有关要求的责任,并建立组团社与领队人员之间的连带责任制度。四是要对组团社执行"六不准"要求的情况进行跟踪管理,建立组团社信誉档案和经营行为档案,对违反"六不准"要求的要进行通报并向社会公布,对有违法违规行为的,各级旅游部门要在相关部门的支持下,给予严肃处理。
(二)以治理“零负团费”为重点,加大对出境旅游市场秩序的监管。“零负团费”是一种不正常的经营行为,是导致出境旅游市场混乱的一个重要原因。因此,各省级旅游局必须下决心进行治理,通过严格管理,规范出境旅游市场秩序。一是要求组团社进行自查自纠,认真查找是否存在“零负团费”问题,并向省市旅游局写出自查报告。对自查自纠工作不利,存在问题隐瞒不报,知错不改的企业,省市旅游局要责令限期整改,情节严重的,报国家旅游局取消其出境游业务经营资格。二是全面清理合同和广告,各地要主动联合工商部门对本地市场上的出境游广告进行一次普查,对存在价格欺诈、内容不真实等问题的广告坚决予以清除,对问题突出的组团社依法查处。同时,要组织力量对所辖组团社的出境游合同进行修改和完善,使在境外的行程路线、活动项目、价格和服务标准等在合同中得到真实体现。三是加强对自费项目的管理,要求组团社必须作到:所有出境游中的自费项目必须到省级旅游局备案;向社会和游客公开出境游各种自费项目的真实内容和价格;由旅游者自主选择自费项目并写入合同的《行程安排表》中;领队对发生超计划安排自费项目行为承担责任。各组团社要按照上述规定,制定本单位出国旅游自费项目管理办法等规章,并严格执行,保证自费项目行为合法,内容公开,价格合理,选择自主。
(三)以全面贯彻《边境旅游暂行管理办法》为抓手,切实加强与规范边境旅游的管理。国家旅游局颁发的《边境旅游暂行管理办法》是各地管理边境旅游的依据,有关省、自治区要依照此《办法》进一步加强对边境旅游的管理,扭转当前边境旅游的混乱局面。一是对未经批准的边境旅游线路进行一次清理,符合开办条件的报国家旅游局审批。二是对本辖区内的边境旅游组团社进行认真清理,未经批准和存在严重问题的要停止其经营。三是制定统一的《边境旅游团队名单表》,由所在地、市旅游局发放、审核并盖章。四是加强对边境游领队人员的管理,由省局或经授权的地、市旅游局对由边境游组团社推荐的领队人员进行审查、培训后,颁发国家旅游局统一制作的《领队证》。四是加强边境旅游服务质量管理,提升服务水平。
(四)以推动标准化管理为手段,提高出境游经营服务质量。为了进一步提高出境游组团社整体素质和服务质量,保证旅游经营者和旅游消费者的合法权益,引导出境游市场健康有序地发展,国家旅游局下发了《关于试行组团社出境旅游服务质量达标工作的通知》(旅管理发〔2003〕8号)。各省级旅游局要按照该《通知》要求,积极组织组团社宣贯《旅行社出境旅游服务质量》标准,强化对出境旅游产品设计、服务提供要求、旅游服务质量的监督和规范,推动出境游经营服务水平的提高。
三、采取有效措施,确保各项任务的落实加强出境旅游市场管理是恢复和振兴旅游业的重要保障,各级旅游管理部门务必采取有效措施,确保各项工作的落实。
(一)地方负责,落实责任制。按照出境旅游属地化管理的原则,各省级旅游局负责对所辖组团社的日常管理工作。因此,各省级旅游局要切实负起责任,加强领导和协调,制定具体贯彻实施意见和工作计划,确定工作重点,明确工作职责,通过一级抓一级,逐级抓落实,形成上下一心,工作一致,真抓实干,责任到位的管理工作局面。
(二)加强舆论宣传,创造良好的社会环境。各省级旅游局要采取多种形式,有系统、持续不断地组织开展中国公民出国旅游的舆论宣传。要积极与新闻媒体开展合作,教育引导旅游者树立健康文明的旅游观念,自觉维护市场秩序,抵制各种不健康不文明的行为。要主动发挥舆论监督作用,披露正反两方面的典型案例,揭露违规经营的危害,促进旅游者的自我维权意识,提高鉴别是非的能力。要结合本地实际,组织编写主要目的地国家《旅游提示》,介绍必要的常识、法规和注意事项,发放给组团社和旅游者,既规范企业的经营行为,又规范游客的消费行为,达到企业合法经营、游客理智明白消费的目的。
(三)加大查处力度,严惩违法违规行为。要充分发挥行管部门和旅游监察、质监队伍的作用,协调相关行业和部门,加大对出境旅游市场各种违法违规行为的查处力度。做到执法必严、违法必纠,形成出境旅游市场治理整顿的高压态势。各地要组织力量开展对出境旅游市场的经常性检查,国家旅游局将按照国内与国外检查相结合、明查与暗查相结合的原则,定期和不定期地对各地的出境旅游市场进行检查。
(四)健全请示报告制度。出境旅游组团业务和市场管理工作涉及面广,政策性强,各地在实施贯彻中遇到的重点、难点问题,要及时请示报告,不得擅自突破政策界限。
请各地及时将本通知转发所辖组团社,认真贯彻落实。本通知中提出的各项工作要求,各地要在年底前完成。各组团社落实执行情况将作为下一步调整组团社的重要依据。各地落实情况要及时上报国家旅游局。
特此通知。
国家旅游局
二○○三年八月二十七日
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON ASSEMBLIES, PROCESSIONSAND DEMONSTRATIONS ——附加英文版
The Standing Committee of the National People's Congress
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON ASSEMBLIES, PROCESSIONSAND DEMONSTRATIONS
(Adopted at the Tenth Meeting of the Standing Committee of the
Seventh National People's Congress on October 31, 1989, promulgated by
Order No. 20 of the President of the People's Republic of China on October
31, 1989 and effective as of the same date)
Contents
Chapter I General Provisions
Chapter II Application and Permission for Assemblies, Processions and
Demonstrations
Chapter III The Holding of Assemblies, Processions and Demonstrations
Chapter IV Legal Responsibility
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1
Pursuant to the Constitution, this Law is enacted to safeguard citizens'
exercise of their right to assembly, procession and demonstration
according to law and to maintain social stability and public order.
Article 2
This Law shall apply to assemblies, processions and demonstrations held
within the territory of the People's Republic of China.
The term "assembly" used in this Law means an activity in which people
gather at a public place in the open air to express views or aspirations.
The term "procession" used in this Law means an activity in which people
line up for a march along a public road or across a public place in the
open air to express their common aspirations.
The term "demonstration" used in this Law means an activity in which
people express their common aspirations, including demands, protests,
support or moral support, in the manner of an assembly, a procession, a
sit-in, etc., at a public place in the open air or along a public road.
This Law shall not apply to recreational or sports activities, normal
religious activities or traditional folk events.
Article 3
The citizens' exercise of their right to assembly, procession and
demonstration shall be safeguarded by the people's governments at all
levels in accordance with the provisions of this Law.
Article 4
In exercising their right to assembly, procession and demonstration,
citizens must abide by the Constitution and the laws, shall not oppose the
cardinal principles specified in the Constitution and shall not impair
state, public or collective interests or the lawful freedoms and rights of
other citizens.
Article 5
An assembly, a procession or a demonstration shall be held in a peaceful
manner; no weapons, controlled cutting tools or explosives shall be
carried, and no violence employed.
Article 6
The competent authorities governing assemblies, processions and
demonstrations shall be the municipal public security bureau, county
security bureau or municipal public security sub-bureau in the localities
where the assemblies, processions and demonstrations are held; if the
route of a procession or demonstration cuts through two or more districts
or counties, the competent authorities thereof shall be the public
security organ at the next higher level to the public security organs in
such districts or counties.
Chapter II Application and Permission for Assemblies, Processions and Demonstrations
Article 7
For the holding of an assembly, a procession or a demonstration,
application must be made to and permission obtained from the competent
authorities in accordance with the provisions of this Law.
It shall not be necessary to apply for the following activities:
(1) celebrations or commemorative activities held by the state or by state
decisions; and
(2) assemblies held by state organs, political parties, public
organizations, enterprises or institutions in accordance with law or the
relevant articles of association.
Article 8
There must be a person or persons responsible for the holding of an
assembly, a procession or a demonstration.
For the holding of an assembly, a procession or a demonstration for which
an application has to be made under this Law, the responsible person(s)
must submit an application in writing to the competent authorities five
days prior to the date of the activity. The application shall specify the
purposes of the assembly, procession or demonstration, how it is going to
be conducted, the posters and slogans to be used, the number of
participants, the number of vehicles, the specifications and quantities of
the sound facilities to be used, the starting and finishing time, the
places (including places where the participants assemble and disperse),
the route, and the name(s), occupation(s) and address(es) of the person(s)
responsible for the assembly, procession or demonstration.
Article 9
After receiving an application for an assembly, a procession or a
demonstration, the competent authorities shall inform the responsible
person(s) in writing of their decision to grant or not to grant permission
two days prior to the date of the activity applied for. If no permission
is granted, the reasons thereof shall be given. Failure to serve notice
within the time limit shall be construed as the granting of permission.
If an assembly, a procession or a demonstration is truly necessitated by
unexpected occurrences, a report must be made immediately to the competent
authorities: upon receiving the report, the competent authorities shall
immediately examine it and decide to grant or not to grant permission.
Article 10
If an application is made for an assembly, a procession or a demonstration
which will press for the settlement of specific issues, the competent
authorities may, after receiving the application, inform the departments
or units concerned to resolve such issues through consultation with the
person(s) responsible for the assembly, procession or demonstration, and
may also postpone for five days the starting date specified in the
application.
Article 11
If the competent authorities are of the opinion that the holding of an
assembly, a procession or a demonstration at the time or place or along
the route specified in the application will seriously affect traffic and
public order, they may, upon or after granting permission, change the
time, place or route and inform the responsible person(s) of the change in
good time.
Article 12
No permission shall be granted for an application for an assembly, a
procession or a demonstration which involves one of the following
circumstances:
(1) opposition to the cardinal principles specified in the Constitution;
(2) harming the unity, sovereignty and territorial integrity of the state;
(3) instigation of division among the nationalities; or
(4) the belief, based on sufficient evidence, that the holding of the
assembly, procession or demonstration that is being applied for will
directly endanger public security or seriously undermine public order.
Article 13
If the person(s) responsible for an assembly, a procession or a
demonstration does not accept the competent authorities' decision not to
grant permission, he may apply to the people's government at the same
level for reconsideration within three days of receiving the notice on the
decision, and the people's government shall make a decision within three
days of receiving the application for reconsideration.
Article 14
The person(s) responsible for an assembly, a procession or a demonstration
may withdraw his application after submitting it and before receiving a
notice of the competent authorities; if a decision is made to call off the
assembly, procession or demonstration after receipt of the competent
authorities' notice on the granting of permission, the responsible
person(s) concerned shall inform the competent authorities of the decision
in good time and dismiss the participants if they have assembled.
Article 15
No citizens shall, in a city other than his place of residence, start,
organize or participate in an assembly, a procession or a demonstration of
local citizens.
Article 16
No functionary of a state organ shall organize or participate in an
assembly, a procession or a demonstration which contravenes the functions
and obligations of functionaries of state organs as prescribed in relevant
laws and regulations.
Article 17
If anyone organizes or participates in an assembly, a procession or a
demonstration in the name of a state organ, a public organization, an
enterprise or an institution, he must first obtain approval from its
leaders.
Chapter III The Holding of Assemblies, Processions and Demonstra- tions
Article 18
With respect to an assembly, a procession or a demonstration held in
compliance with law, the competent authorities shall dispatch the people's
police to keep traffic and public order and ensure the smooth progress of
the assembly, procession or demonstration.
Article 19
An assembly, a procession or a demonstration held in compliance with law
shall not be disturbed, broken into or disrupted by anybody by violence,
coercion or any other illegal means.
Article 20
In order to ensure the progress of a procession held in compliance with
law, the people's police responsible for keeping traffic order may
temporarily exercise flexibility in their execution of the relevant
provisions of traffic regulations.
Article 21
If it becomes impossible for a procession to follow the permitted route
because of unexpected circumstances occurring on the way, the chief police
officer present at the scene shall have the authority to change the route
of the procession.
Article 22
If an assembly, a procession or a demonstration is held in or passes by
places where state organs, military organs, radio stations, television
stations or foreign embassies or consulates are located, the competent
authorities may, with a view to keeping order, establish temporary
security lines, which shall not be crossed without permission by the
people's police.
Article 23
No assembly, procession or demonstration shall be held within a peripheral
distance of 10-300 metres from the following places, with the exception of
those approved by the State Council or the people's governments of
provinces, autonomous regions and municipalities directly under the
Central Government:
(1) premises of the Standing Committee of the National People's Congress,
the State Council, the Central Military Commission, the Supreme People's
Court and the Supreme People's Procuratorate;
(2) places where state guests are staying;
(3) important military installations; and
(4) air harbours, railway stations and ports.
The specific peripheral distances from the places listed in the preceding
paragraph shall be defined by the people's governments of provinces,
autonomous regions and municipalities directly under the Central
Government.
Article 24
The time for holding an assembly, a procession or a demonstration shall be
limited to 6 a.m. - 10 p.m., with the exception of those held by decision
or approval of the local people's governments.
Article 25
An assembly, a procession or a demonstration shall be conducted in
accordance with the purposes, manners, posters, slogans, starting and
finishing time, places, routes and other matters for which permission has
been granted.
The person(s) responsible for an assembly, a procession or a demonstration
must assume responsibility for maintaining the order thereof and strictly
guard against participation by others.
The person(s) responsible for an assembly, a procession or a demonstration
shall, when necessary, appoint special personnel to assist the people's
police in maintaining order. The personnel responsible for the
maintenance of order shall wear identification marks.
Article 26
The holding of an assembly, a procession or a demonstration shall not
contravene the regulations on public security administration and shall not
involve criminal activities or the instigation of crimes.
Article 27
The people's police shall stop an assembly, a procession or a
demonstration that is being held, if it involves one of the following
circumstances:
(1) failure to make an application in accordance with the provisions of
this Law or to obtain permission for the application;
(2) failure to act in accordance with the purposes, manners, posters,
slogans, starting and finishing time, places and routes permitted by the
competent authorities; or (3) the emergence, in the course of the
activity, of a situation which endangers public security or seriously
undermines public order.
If any of the circumstances specified in the preceding paragraph occurs
and the instruction to stop the activity is ignored, the chief officer of
the people's police present at the scene shall have the authority to order
a dismission; for those who refuse to dismiss, the chief police officer
present at the scene shall have the authority to decide, in accordance
with relevant state provisions, on the adoption of necessary measures to
force a dismission and to take away from the scene by force those who
refuse to obey or detain them at once.
If a participant in an assembly, a procession or a demonstration crosses
the temporary security lines established in accordance with the provisions
of Article 22 of this Law, enters a certain peripheral space around the
specific places where no assemblies, processions and demonstrations shall
be held as specified in Article 23 of this Law, or commits other illegal
or criminal acts, the people's police may take him away from the scene by
force or detain him at once.
Chapter IV Legal Responsibility
Article 28
Those who commit acts in violation of public security administration in
the process of an assembly, a procession or a demonstration shall be
punished in accordance with the relevant provisions of the Regulations on
Administrative Penalties for Public Security. The public security organ
may punish by warning or by criminal detention of not more than 15 days
the responsible person(s) and the person(s) who is directly responsible,
if an assembly, a procession or a demonstration that is being held
involves one of the following circumstances:
(1) failure to make an application in accordance with the provisions of
this Law or to obtain permission for the application; or
(2) failure to act in accordance with the purposes, manners, posters,
slogans, starting and finishing time, places, and routes permitted by the
competent authorities, and disregard of instructions to stop acting
without permission.
Article 29
Any participant in an assembly, a procession or a demonstration who
commits a crime shall be investigated for criminal responsibility in
accordance with the relevant provisions of the Criminal Law.
Any participant in an assembly, a procession or a demonstration who
carries weapons, controlled cutting tools or explosives shall be
investigated for criminal responsibility by applying mutatis mutandis the
provisions of Article 163 of the Criminal Law. In a case where no
application has been made for an assembly, a procession or a demonstration
in accordance with the provisions of this Law or no permission has been
granted for the application or where it is conducted not in accordance
with the starting and finishing time, places and routes permitted by the
competent authorities, while the order of dismission is disobeyed and
public order seriously undermined, the person(s) responsible for the
assembly, procession or demonstration and the person(s) who is directly
responsible shall be investigated for criminal responsibility in
accordance with the provisions of Article 158 of the Criminal Law.
In a case where an assembly, a procession or a demonstration leads to the
siege of a state organ or people breaking into it, preventing it from
conducting its business or state activities normally, the person(s)
responsible for the assembly, procession or demonstration and the
person(s) who is directly responsible shall be investigated for criminal
responsibility in accordance with the provisions of Article 158 of the
Criminal Law.
In a case where an assembly, a procession or a demonstration leads to the
occupation of public places, the interception of vehicles or pedestrians
or the gathering of crowds to block traffic, so that order at public
places and traffic order are seriously undermined, the person(s)
responsible for the assembly, procession or demonstration and the
person(s) who is directly responsible shall be investigated for criminal
responsibility in accordance with the provisions of Article 159 of the
Criminal Law.
Article 30
Those who disturb, break into or undermine by other means an assembly, a
procession or a demonstration held in compliance with law may be punished
by the public security organ by warning or by criminal detention of not
more than 15 days; if the circumstances are serious and a crime is
constituted, they shall be investigated for criminal responsibility in
accordance with the relevant provisions of the Criminal Law.
Article 31
If a party refuses to accept the decision on punishment by detention made
in accordance with the provisions of the second paragraph of Article 28 or
Article 30 of this Law, he may appeal to the public security organ at the
next higher level within five days of receiving the notice on the decision
on punishment; the public security organ at the next higher level shall
make a decision within five days of receiving the appeal; if the party
refuses to accept the decision of the public security organ at the next
higher level, he may institute proceedings in the people's court within
five days of receiving the notice on the decision.
Article 32
Anyone who, in the course of an assembly, a procession or a demonstration,
damages public or private property or causes injuries or deaths to others
shall be liable for compensation according to law, apart from being
punished in accordance with the relevant provisions of the Criminal Law or
the Regulations on Administrative Penalties for Public Security.
Article 33
If a citizen, in a city other than his place of residence, starts or
organizes an assembly, a procession or a demonstration by local citizens,
the public security organ shall have the authority to detain him or send
him back by force to his place of residence.
Chapter V Supplementary Provisions
Article 34
This Law shall apply to assemblies, processions and demonstrations held by
foreigners within the territory of China.
Foreigners in the territory of China may not, without approval by the
competent authorities, participate in an assembly, a procession or a
demonstration held by Chinese citizens.
Article 35
The public security department under the State Council may, in accordance
with this Law, formulate rules of implementation, which shall go into
effect after being submitted to and approved by the State Council.
The standing committees of the people's congresses of provinces,
autonomous regions and municipalities directly under the Central
Government may, in accordance with this Law, formulate measures for
implementation.
Article 36
This Law shall enter into force on the date of promulgation.
Important Notice:
This English document is coming from "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.