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法律英语|设立外商控股、外商独资旅游社暂行规定(修订)

来源:www.slktls.com 2025-01-21

国家旅游局、商务部令第20号

Jointly1 promulgated2 by the China National Tourism Administration and the Ministry3 of Commerce on 12 June 2003 and effective 30 days after the date of promulgation4.)

颁布日期:20050217 推行日期:20050217 颁布单位:国家旅游局、 商务部

Article 1These Provisions are formulated5 in accordance with the relevant laws on foreign-invested enterprises in China, the Administration of Travel Agencies Regulations and other relevant regulations, in order to adapt to the new situation in regards to China's accession to the World Trade Organization, to further open up tourism industry to the outside world and to promote the development of travel agencies.

Article 2These Provisions shall apply to foreign-controlled and wholly foreign-owned travel agencies established in the People's Republic of China during the transition period prior to the specified6 time limit for China to carry out its commitments to the accession to the World Trade Organization.

Article 3The overseas investor7(s) of a foreign-controlled travel agency shall fulfil the following criteria9:

1. be a travel agency or an enterprise that mainly engages in tourism business;

2. has an annual gross volume of tourism business of US$40 million or more;

3. be a member of the tourism association of its own country (or region);

4. has a good international reputation and advanced experience in managing a travel agency; and

5. abide10 by Chinese laws and the relevant Chinese regulations on tourism.

Article 4The overseas investor(s) of a wholly foreign-owned travel agency shall, in addition to fulfilling the criteria stipulated11 in Paragraphs (1), (3), (4) and (5) of Article 3, have an annual gross volume of tourism business stipulated in Paragraph (2) of US$500 million or more.

Article 5The Chinese investor(s) of a foreign-controlled travel agency shall fulfil the criteria stipulated in Article 29 of the Administration of Travel Agencies Regulations.

Article 6Foreign-controlled and wholly foreign-owned travel agencies to be established shall fulfil the following criteria:

1. conform to the development plans for tourism;

2. conform to the requirements of the tourism market;

3. the investors8 shall fulfil the criteria stipulated in Articles 3, 4 and 5 mentioned above; and

4. have a registered capital of not less than Rmb 2.5 million.

Article 7Each overseas investor applying to establish a foreign-controlled or wholly foreign-owned travel agency shall only be approved to establish one agency in general.

Article 8Applications for establishing foreign-controlled or wholly foreign-owned travel agencies shall be handled in accordance with the procedures for examination and approval of foreign-invested travel agencies as stipulated in the Administration of Travel Agencies Regulations.

Article 9Foreign-controlled or wholly foreign-owned travel agencies shall not overtly12 or covertly13 engage in the business of overseas travel of Chinese citizens or travel of persons from other regions of China to Hong Kong and Macao Special Administrative14 Regions and Taiwan.

Article 10The China National Tourism Administration and the Ministry of Commerce shall be responsible for the interpretation15 of these Provisions.

Article 11These Provisions shall be effective 30 days after the date of promulgation.


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