Basic Information

Business type	Administrative permit	Certificate type	Committed certificate
Business category	Cultural, sports and educational cause approved	Implementing entity	Shanghai Municipal Administration of Culture and Tourism
Nature of implementing entity	Legal body	Code of implementing entity	11310000MB2F306534
Service subjects	Enterprise legal persons	Approval subjects	Legal person of foreign-invested enterprise in the city that applies for travel agency business license
Service scope	Across this Municipality	Exercising level	Municipal level
Source of power	Legal exercise at this level	Handling mode	Handling at the window, online handling
Is reservation available?	No	Is online payment available?	No
Is courier service available?	Yes	Is self-service terminal service available?	No
Co-handling body	No	Intermediary service	No intermediary service is involved in this business.
Quantity limit	No limit in number.	Operating system	Municipal level
Required number of arrivals at the site	1	Depth of online handling	Receiving online
Handling period specified by law	30 (working days)	Committed time limit for closing	15 (working days)
Business status	In use	Business version	3
Whether it is available at the online administrative service center	Yes
Applicable scope	Applications for travel agency business licenses (for inbound tourism and domestic tourism) issued to foreign-invested travel agencies (including Sino-foreign equity joint, Sino-foreign cooperative and solely foreign-funded travel agencies) by Shanghai Municipal Tourism Administration
Content of review and approval	Whether a foreign-invested enterprise based in Shanghai has the conditions to operate a travel agency.
Division of authority	Shanghai Municipal Administration of Culture and Tourism (SMACT) is responsible for reviewing and approving application for foreign-invested travel agency business license (for inbound tourism and domestic tourism). The Administrative Department of Tourism of Pudong New Area is authorized by SMACT to review and approve application for business license of foreign-invested travel agency based in Pudong New Area. The Acceptance Center of Shanghai Municipal Tourism Administration (herein after referred to as the Acceptance Center) is responsible for accepting any application for business license of foreign-invested travel agency based in Shanghai and producing and delivering the license.

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Conditions for Acceptance

The application materials are complete and prepared in a legal form. See details in the List of Application Materials.

Application Materials

Instructions for Filling

1. The application materials shall be sequenced in the order as set out in the List of Application Materials in this Guide;

2. The documents prepared by the Applicant are printed with A4 papers, and those issued by the government and other authorities shall be provided in the size(s) as the original(s);

3. Copies of the application materials shall be clear and legible.

Formal Standards

1. The copies of application materials shall be clear and stamped with official seal or relevant personal signature and seal;

2. The application materials shall also meet other requirements specified in the following catalogue of application materials, and be arranged in the order specified in the catalogue.

List of Application Materials

Name of material	Source	Type of material	Number of hardcopy materials	Form of material	Remarks	Mandatory or not	Template	Blank form
Application for travel agency business license	Prepared by the Applicant	Original	2	Electronic	View details	Mandatory	Download to view	Downloadthe Form
The articles of association of the travel agency	Market supervision	Copy	1	Electronic	View details	Mandatory
The duplicate of enterprise business license issued by the industry and commerce administration	Market supervision	Original and copy	3	Electronic	View details	Mandatory
The certificate of business premise (property ownership certificate or house leasing contract)	The resources planning department	Original and copy	1	Electronic	View details	Mandatory
The proof or description of business facility or equipment	Prepared by the Applicant	Original	1	Electronic	View details	Mandatory	Download to view	Downloadthe Form
Resume and identification of legal representative	Public security organ	Original and copy	1	Electronic	View details	Mandatory	Download to view	Downloadthe Form
Resume of manager/operator	Prepared by the Applicant	Original	1	Electronic	View details	Mandatory	Download to view	Downloadthe Form
The labor contracts signed by at least 3 tour guides and the travel agency, their tour guide licenses, and the vouchers of social insurance premium paid for the tour guides by the travel agency for nearly one month	Shanghai Municipal Administration of Culture and Tourism and Shanghai Municipal Human Resources and Social Security Bureau	Original and copy	1	Electronic	View details	Mandatory

Name of the Application Document

Application for travel agency business license

Place of Business Handling

Place of Business Handling

Windows 1-6, the Acceptance Center for Administrative Affairs, Shanghai Municipal Tourism Administration (No. 709, Julu Road, Shanghai)

Business Hours

9:0011:30 and 13:0016:30 in working days

Legal Basis

 (I) Tourism Law of the Peoples Republic of China (as adopted at the Second Session of the Standing Committee of the 12^th National People’s Congress of the Peoples Republic of China on April 25, 2013 and promulgated by the Order No. 3 of the President of the People's Republic of China on April 25, 2013; adopted at the Twenty-Fourth Session of the Standing Committee of 12^th National People’s Congress of the Peoples Republic of China on November 7, 2016 and promulgated by the Order No. 57 of the President of the People's Republic of China on November 7, 2016; and revised by the Decision of the Standing Committee of the National People’s Congress on Amending Twelve Laws including the Foreign Trade Law of the People's Republic of China)

Article 28: A travel agency established to attract, organize, and receive tourists, and provide tourism services for them shall meet the following conditions, obtain the permit from the administrative department of tourism and handle industrial and commercial registration in accordance with law: (1) It has a fixed business premise; (2) it has necessary business facilities; (3) it has registered capital as required; (4) it has necessary business management personnel and tour guides; and (5) Other conditions as prescribed by laws and administrative regulations.

 (II) Articles 21, 22 and 23 of the Regulation on Travel Agencies (promulgated by the Decree No. 550 of the State Council of the Peoples Republic of China on February 20, 2009 and revised by the Decision of the State Council on Amending Certain Administrative Regulations (Decree No. 666 of the State Council of the Peoples Republic of China on February 6, 2016))

Article 21: The provisions of this Chapter shall apply to foreign-invested travel agencies; if it is not provided for in this Chapter, other provisions of this Regulation shall apply.

The term foreign-invested travel agencies as mentioned in the preceding paragraph shall include Sino-foreign equity joint, Sino-foreign cooperative and solely foreign-funded travel agencies.

Article 22: A foreign-invested enterprise applying for travel agency business license shall file an application with the administrative department of tourism in its province, autonomous region or municipality directly under the central government, and submit relevant certification documents meeting the conditions as prescribed in Article 6 of this Regulation. The administrative department of tourism in its province, autonomous region or municipality directly under the central government shall complete the examination within 30 working days from the acceptance date of application. In case of approval, it shall issue the travel agency business license. In case of disapproval, it shall notify the applicant in writing and give reasons.

The establishment of a foreign-invested travel agency shall also conform to relevant foreign investment laws and regulations.

Article 23: No foreign-invested travel agency may operate the business in Chinese Mainland residents traveling to other countries and to Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan region, unless it is otherwise decided by the State Council, or provided for by the free trade agreements signed by China and by the arrangements on establishing closer economic partnership between the Mainland and Hong Kong/Macao.

 (III) Item 39 in Annex 1 Catalogue of Managerial-Level Administrative Approval Items to be Cancelled and Delegated to Lower Levels as Decided by the State Council of the Decision of the State Council on Matters concerning 50 Administrative Approval Items to Be Cancelled and Delegated to Lower Levels (GF [2014] No. 27)

39 Business license of foreign-invested travel agency  China National Tourism Administration  The Ministry of Commerce  Regulation on Travel Agencies (Decree No. 550 of the State Council) delegated to the administrative department of tourism under provincial peoples government

 (IV) The Notice of China National Tourism Administration on Implementing Relevant Regulations for Streamlined Administration and Power Delegation and the Reform of Administrative Approval and Industrial & Commercial Registration Systems (LF [2015] No. 96)

Item (2) of Article 2: To establish a foreign-invested travel agency, the applicant shall directly hold a business license issued by relevant industry and commerce administration to foreign-invested enterprise, and shall go through the examination and approval procedures for domestic-funded travel agencies.

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(V) The Decision of Shanghai Municipal People's Government to Delegate a Group of Administrative Approval Items in Pudong New Area (HFF [2015] No. 56)

The catalogue of administrative approval items in Pudong New Area to be delegated as decided by Shanghai Municipal People's Government Article 12 (3) Business license of foreign-invested travel agency

Procedures of Business Handling

View the flow chart.

Mode of Business Handling

Mode of Business Handling

The applicant shall file an application online via jianguan.12301.cn. SMACT or Pudong New Area Bureau of Culture, Sports and Tourism shall decide to accept, examine and approve the applications (of foreign-invested travel agencies based in Pudong New Area) with specified form of complete application materials. The applicant shall get the license by delivering that decision to the Acceptance Center of Shanghai Municipal Tourism Administration for verification.

Special Procedures

No

Approval Certificate

Name of the review and approval result	Service mode	Period of service	Type of the review and approval result	Sample of the review and approval result
Travel agency business license	Receiving upon notice	10 working days from the date of receiving the approval decision		Click to download

Review and Approval Charges

Charged or not

No

Rights and obligations of the applicant

The applicant shall have the following rights according to laws:

1. The applicant is entitled to the rights to know, state and defend according to law and has the right to apply for administrative review or initiate administrative litigation according to law; and if the applicants legitimate rights and interests are damaged due to relevant administrative authority’s illegal implementation of administrative license, the applicant has the right to claim for compensation according to law;

2. If the approver is deemed as having direct interest relationship with the applicant, the applicant may apply to the approval body for avoidance within 5 working days; and the approval period shall start from the date of determination or redetermination of approval personnel;

3. In case of any objection to the approval conclusion and the approval personnel’s behavior, the applicant may lodge a complaint to the approval body in writing within 10 working days after completion of approval.

The applicant shall have the following obligations according to laws:

1. Submit relevant materials and report the facts to the administrative authority and take responsibility for the substance of the application materials;

2. The obligation to accept and support the assessment, supervision and inspection in accordance with law.

Consultation Method

Consultation Phone

 (021)33394000 (press 0 when hearing a voice prompt); 9:00-11:30 and 13:00-17:00, from Monday to Friday (excluding statutory holidays); (021) 12345

Supervision and Complaint Method

Complaint Phone

(021)12345

Complaint Channel

No

FAQs

FAQs

Question:  Shall a foreign-invested travel agency apply to the administrative department of tourism for a travel agency business license first or apply to the industry and commerce administration for a business license first?

Answer:  According to the provisions of theTourism Law and the Regulation on Travel Agencies, a foreign-invested travel agency shall apply for a business license first and then for a travel agency business license.

Question: When shall a travel agency pay the quality assurance fund? How much is it?

Answer:  According to the provisions of theTourism Law and the Regulation on Travel Agencies, a travel agency shall, within 3 working days from the day when it obtains the business license for travel agencies, open a special account for quality assurance fund in the bank designated by the tourism administrative department of the State Council, deposit quality assurance fund, or provide the tourism administrative department making the approval with bank guarantee which it obtains according to law and the secured amount of which is not less than the amount of corresponding quality assurance fund. A travel agency operating domestic tourism business and inbound tourism business shall deposit the quality assurance fund of RMB200,000; and a travel agency operating the outbound tourism business shall increase the deposit of quality assurance fund by RMB1,200,000. The interests of the quality assurance fund shall belong to the travel agency.

Common Unacceptable Sample

1. Common mistake: The business scope of the enterprise does not involve travel agency business.

Correct action: For the business license for enterprise Legal person issued by the industry and commerce administration, the business scope covers travel agency business.

2. Common mistake: The provided company name is an abbreviation.

Correct action: It shall be the name as shown in the business license for enterprise legal person issued by the industry and commerce administration.