Tourism Laws, Rules,

and Legislation in China

Protecting Cultural Heritage

LI LIPING SHEN YAJUN

 目 录 CONTENTS

1 Introduction to Chinese 2 Tourism Law of China

Tourism Industry

3 Cultural Heritage 4 Rules and Regulations

Protection in China for Tourism in China

5 Legislation for Tourism and 6 conclusion

Cultural Heritage Protection
PART O1
Introduction to Chinese Tourism Industry
1.Introduction to Chinese Tourism Industry

• has many and diverse tourism

resources
• In 2019, China became the fourth
most visited country in the world.
Ø over 140 million inbound tourist
Ø over 6 billion domestic tourist trips
 PART O2
Tourism Law of China

• Issuing authority:Standing Committee of the

National People's Congress
• Promulgated Year: 2013
1.Tourism Law of the People's Republic of China

Tourists Travel Safety

Tourism Planning Tourism Supervision

and Promotion and Management

Tourism Management Tourism Dispute

Resolution

Tourism Service Legal Liability

Contract
 PART O3
Cultural Heritage Protection
in China

• 2 laws and many regulations

3.1Cultural Relics Protection Law of China

Immovable Cultural Regulates the discovery, registration, repair, and management of immovable
1
Relics
cultural relics, clarifying the responsibilities of various levels of government.

Archaeological Details the approval procedures and operational norms for archaeological
2
Excavations
excavations, ensuring that these activities are conducted legally and compliantly.

Standardizes the management of cultural relics in museums and other institutions,

3 Museum Collections
including their storage, research, exhibition, and theft prevention measures.

Private Collections Manages private collection of cultural relics, requiring legal registration and documentation to
4
of Cultural Relics prevent illegal trade and smuggling.

Entry and Exit of Sets the approval conditions and procedures for the import and export of cultural
5
Cultural Relics relics, preventing illegal entry and exit of these items.

Legal Lists violations of the Cultural Relics Protection Law and the corresponding legal
6
Responsibilities responsibilities, including criminal, administrative, and civil liabilities
3.2Intangible Cultural Heritage Law of China

Investigation
Regulates the investigation and documentation of intangible cultural
heritage, detailing institutional responsibilities and methods

Representative List
Describes the procedures for establishing and managing the
representative list of intangible cultural heritage.

Inheritance and Dissemination

Standardizes the training and support for inheritors, and promotes
the dissemination of intangible cultural heritage.

Legal Responsibilities
Lists violations and corresponding legal penalties to ensure
effective enforcement.
3.3Case Study: The Great Wall

Great Wall Protection Regulations

• The regulation prohibits

• The state implements overall
activities such as unauthorized
protection and segmental
removal of bricks and stones,
management of the Great
and climbing unopened
Wall.
sections of the Great Wall

• Repairs and maintenance of the

• The number of people holding
Great Wall must comply with
activities in tourist areas shall
relevant cultural relic protection
not exceed the approved tourist
standards and procedures, and
capacity indicators.
no alterations are allowed
without approval.
PART O4
Rules and Regulations for
Tourism in China
4.1 Administrative regulations
12 sets of administrative regulations in effect.
The Regulations on Travel Agencies
On February 20, 2009, the State Council of the People's Republic of China issued Decree No. 550, aiming to
strengthen the management of travel agencies, safeguard the legitimate rights and interests of tourists and travel
agencies, maintain order in the tourism market, and promote the healthy development of the tourism industry.

The Museum Regulations

On February 9, 2015, the State Council of the People's Republic of China issued Decree No. 659 to promote the
development of the museum sector and enhance the functions of museums.

Implementing Regulations of the Law of the People's Republic of China on the Protection of
Cultural Relics
On May 18, 2003, the State Council of the People's Republic of China issued Decree No. 377, in accordance
with the Law of the People's Republic of China on the Protection of Cultural Relics, to formulate these
Implementing Regulations.

Regulations on the Administration of Tourist Guides

On May 14, 1999, the State Council of the People's Republic of China issued Decree No. 263 to regulate tour
guide activities, safeguard the legitimate rights and interests of tourists and tour guides, promote the healthy
development of the tourism industry.
4.1 Administrative regulations
12 sets of administrative regulations in effect.
other administrative regulations...

Regulations on the Management of Internet Service Administrative Measures for Chinese Citizens
Business Premises Outbound Tourism

Regulations on the Protection and Management of Administrative Measures for Foreign-Related

Underwater Cultural Heritage in the People's Archaeological Work in the People's Republic of
Republic of China China

The Regulations on the Management of Regulations on the Protection of the Great Wall
Commercial Performances

Regulations on the Management of Regulations on Public Cultural and Sports Facilities

Entertainment Venues
4.2 Departmental rules
40 sets of departmental rules in effect.
rules on Legislative Work of the Ministry of Culture and Tourism
Ministry of Culture and Tourism Order No. 6, effective from March 1, 2021, is hereby promulgated to
standardize the legislative work of the Ministry of Culture and Tourism, ensure legislative quality, and improve
legislative efficiency.

Interim Provisions on the Management of Online Travel Agency Services

Promulgated by the Ministry of Culture and Tourism of the People's Republic of China under Order No. 4,
effective from October 1, 2020, are hereby established to safeguard the legitimate rights and interests of tourists,
regulate the order of the online travel market, and promote sustainable development of the online travel industry.

Rules on the Administration of Tourist Guides

Promulgated by the National Tourism Administration of the People's Republic of China under Order No. 44,
effective from January 1, 2018, are hereby established to regulate the professional conduct of tourist guides,
enhance the quality of guiding services, safeguard the legitimate rights and interests of guides, and promote the
healthy development of the guiding industry.

Rules on Tourism Complaint Handling

Promulgated by the National Tourism Administration under Order No. 32, effective from July 1, 2010, are hereby
established to uphold the legitimate rights and interests of tourists and tourism operators, and to fairly handle
tourism complaints in accordance with the law.
4.2 Departmental rules
40 sets of departmental rules in effect.
Rules on the Protection and Management of World Cultural Heritage
Promulgated by the Ministry of Culture under Order No. 41, effective from November 14, 2006, are hereby
established to strengthen the protection and management of world cultural heritage, fulfill obligations under the
Convention Concerning the Protection of the World Cultural and Natural Heritage, preserve human civilization,
and formulate these regulations based on the Law of the People's Republic of China on the Protection of Cultural
Relics.

Interim Measures for the Protection and Management of National-level Intangible Cultural
Heritage
Promulgated by the Ministry of Culture of the People's Republic of China under Order No. 39, effective from
December 1, 2006, are hereby established to effectively protect and inherit national-level intangible cultural
heritage, strengthen management of protection efforts.

Rules on Museum Management

Promulgated by the Ministry of Culture of the People's Republic of China under Order No. 35, effective from
January 1, 2006.
PART O5
Legislation for Tourism and Cultural
Heritage Protection
5.1 Legislative work

To standardize the legislative work of the

Ministry of Culture and Tourism, ensure
legislative quality, and improve legislative
efficiency, the Ministry of Culture and Tourism
has promulgated the 'Regulations on
Legislative Work of the Ministry of Culture and
Tourism' in accordance with the Legislation
Law of the People's Republic of China, the
Regulations on Procedures for Formulating
Administrative Regulations, and the
Regulations on Procedures for Formulating
Departmental Rules.
5.2 Principles followed in legislative work

(1) Adhere to Xi Jinping Thought on Rule of Law as guidance, strengthen the Party's leadership over
legislative work, comprehensively implement the Party's line, principles, policies, and decisions, and
integrate socialist core values into the entire legislative process.
(2) Uphold scientific legislation, democratic legislation, and legislation in accordance with the law,
ensuring that legislative content and procedures comply with the provisions of the Constitution and
higher-level laws and regulations.
(3) Effectively safeguard the legitimate rights and interests of natural persons, legal persons, and other
organizations, clearly defining their corresponding rights while specifying the ways to protect and
realize these rights.
(4) Reflect the principle of unifying powers and responsibilities of administrative organs, specifying the
conditions, procedures, and responsibilities for exercising powers when granting them.
5.2 The process of conduct legislative work
project approval
The Policy and Regulations Department is responsible for formulating the Ministry of Culture and
Tourism's annual legislative plan.

drafting
The drafting units responsible for proposed projects included in the annual legislative plan of laws,
administrative regulations, and departmental rules shall establish relatively stable drafting teams and
ensure necessary funding support.
review
The draft for review is uniformly reviewed by the Policy and Regulations Department.

Decision, announcement, and filing/recordation

The legislative draft shall be deliberated and decided upon by the ministry's executive meeting. The
Policy and Regulation Office shall handle the filing procedures with the State Council in accordance with
the Regulations on the Filing of Rules and Regulations.

Interpret, amend, and repeal

If further clarification of specific meanings of regulations is needed, or if new circumstances arise after
the regulations are formulated that require clarification of the applicable regulatory basis, the Ministry
of Culture and Tourism is responsible for interpretation.
PART O6
Conclusion
6. Conclusion
Future of Tourism and Cultural Heritage Protection in China

In conclusion, tourism law, rules, and legislation play a crucial role in

promoting the development of the tourism industry in China.

Some sustainable practices...

- Balancing tourism development with conservation efforts
- Implementing visitor management and control measures
- Investing in education and public awareness campaigns
THANK YOU