Provisional Administrative Regulation regarding the Establishment of Residential Representative Office in the People"s Republic of China by Foreign Governmental Tourism Department —Issued by China National Tourism Administration
Article 1 This Regulation is formulated in order to promote international tourism exchange and to strengthen the administration of the residential representative offices established in China by the foreign governmental tourism departments (including the semi-governmental tourism departments authorized by foreign governments) and the inter-governmental international tourism organizations (hereafter referred to as foreign tourism departments).
Article 2 China National Tourism Administration is the authority for the administration of the residential representative offices established by foreign tourism departments in China.
The foreign tourism department shall submit an application in written form to China National Tourism Administration to request the establishment of a residential representative office in China. Only after the application is approved by China National Tourism Administration with consultation with relevant departments can the residential representative office be established.
Article 3 The foreign tourism department applying for establishing her residential representative office in China should submit the following documents and materials:
1. Original copy of the official application letter duly signed by the person in charge of the foreign tourism department and sealed with an official stamp. The letter shall include the representative office"s name, the number of the residential staffs, function and residential city and so on.
2. Original copy of the certificate of appointment, curriculum vitae, photo and the personal identification document of the residential staff appointed by the foreign tourism department.
Article 4 The residential representative office fo a foreign tourism department established in China with the approval may be engaged in non-profit activities such as promotion , consultation, liaison and coordination ,but shall not carry out any commercial activities of covert commercial activities.
Article 5 The foreign staffs employed by the residential representative office of a foreign tourism department in China shall go through the formalities of working and residential permits in accordance with the “Administrative Regulation on Foreigners Employment in China”. The staff sent directly from the foreign tourism department applies for his working visa at the Chinese embassy or consulate in his country with the official visa notice and the confirmation letter of his representative appointment issued by China National Tourism Administration; and after his arrival in China, he applies for his working permit through the labor security department with his representative certificate and working visa, before applying for his residential permit through the public security department with his representative certificate and working permit.
Article 6 If the residential representative office of a foreign tourism department in China needs to change the name of the office, residential staff or place, it shall submit an application in written form to China National tourism Administration and go through the formalities to get the approval for the change. With the approval, it shall go through the relevant formalities of the change through the labor department and the public security bureau where the office is located.
Article 7 The residential representative office of a foreign tourism department in China and its staffs shall go through the necessary formalities, like opening a bank account, renting a building, filing and applying for importing public or private articles in the Customs, receiving vehicle plates and driving licenses, with the approval documents issued by China National Tourism Administration and other relevant certificates and in accordance with the laws and regulations of China.
Article 8 The employment of the Chinese staffs by the residential representative office of a foreign tourism department in China shall be under the unified management at the provincial-level in China and be designated to the professional foreign affairs service organization to undertake it.
The residential representative office shall submit the list of the Chinese staffs it will employ to China National Tourism Administration for file. The file shall include name, Birthplace, Date of birth, education level, the used working place and position.
Article 9 The legal interests of the residential representative office of a foreign tourism department in China, its personnel and family members department in China, its personnel and family members are protected by the laws of China. All the activities of the representative office, its staffs and their family members shall abide by the laws, regulations and relevant rules of China.
Article 10 If a residential representative office of a foreign tourism department in China violates this Regulation ,China National Tourism Administration jointly with relevant departments shall give a disciplinary warning to it or disqualify it from being a residential representative office in China. Any residential representative office established without the approval will be suppressed.
Article 11 If the residential representative office of a foreign tourism department in China will terminate its vocational activities, it shall notify China National Tourism Administration in written form thirty days prior to the desired termination date and go through the formalities of cancellation registration after clearing all its debts and other related matters.
The department sending the residential representative office shall undertake further responsibility for any matters which are not settled after the cancellation registration is finished.
Article 12 The residential representative office ,agency, general affairs office, liaison office or any office under other names established in China by a foreign tourism department shall be deemed as the residential representative office and this Regulation shall be applied.
Article 13 This Regulation shall become effective on the date of its promulgation.