The Tourism Law of the People's Republic of China (hereinafter referred to as the Tourism Law), which is set to take effect on October 1, is the country’s first legislation specifically targeting the tourism industry. “The focus of this law is on protecting rights,” said Wang Chaoying, Director of the Economic Law Office of the Legislative Affairs Commission of the Standing Committee of the National People's Congress. From its drafting by the Financial and Economic Affairs Committee of the National People's Congress to revisions and refinements by the Legislative Affairs Commission and the Law Committee, and through deliberations by members of the Standing Committee, all efforts have centered on safeguarding the legitimate rights and interests of tourists.
“Throughout this law, the protection of tourists’ rights can be clearly seen,” Wang noted, highlighting aspects such as tourism safety and tourists’ basic rights. For example, regarding tourists’ basic rights, the law emphasizes protecting their autonomy in choosing products and services, their right to refuse transactions, and their right to be informed when purchasing tourism products and services.
The Tourism Law defines tourism with the tourist as the main actor. By defining tourism from the perspective of individuals, it underscores a human-centered approach in legislation. It emphasizes providing convenience and safety assurance for travelers, highlighting a people-oriented approach while maintaining an overall balance of rights protection.
The Tourism Law includes a dedicated chapter on tourists to enforce their protection: the right to choose freely, the right to be informed, the right to demand due performance, the right to respect, the right to request assistance and protection, and the right of special groups to receive convenience and preferential treatment. Clearly, building on general principles from consumer protection and contract laws, the Tourism Law establishes specific and targeted rights for tourists based on the characteristics of tourism activities.
In response to concerns that the Tourism Law may be overly “biased” toward tourists, Liu Xiaojun, Director of the Policy and Regulations Department of the National Tourism Administration, stated that there is no favoritism. “It is only right to pay attention to and protect the more vulnerable party in tourism activities,” he said. “Most of the issues currently reflected in the tourism market stem from tourism operators taking advantage of their superior access to information to deceive, coerce, or indirectly force tourists into transactions. Regulating tourism operators specifically aims to make the market as fair and just as possible.”
Travelers have a duty to ensure their own safety
Tourism activities are mobile and take place in unfamiliar locations, presenting greater safety risks compared to typical service-based consumption. In light of recent natural disasters, social security incidents, and public health emergencies, the Tourism Law prioritizes the protection of tourists’ personal and property safety. It identifies tourism operators as the primary responsible parties, governments as the entities in charge of tourism safety oversight, and relevant social institutions as bearing certain public rescue responsibilities.
The Tourism Law clarifies the government’s responsibilities for tourism safety, establishes a tourism destination safety risk alert system, sets requirements for responding to emergencies during tourism, and specifies a system for controlling visitor flows at scenic areas. Additionally, it outlines regulations concerning the safety assurance, safety warnings, and accident response and handling duties of tourism operators.
The Tourism Law states that if a scenic area receives tourists without meeting opening conditions, the competent scenic area authority shall order it to suspend operations for rectification until it meets the necessary standards and impose corresponding fines. If a scenic area fails to report to the local government when tourist numbers are approaching maximum capacity, does not promptly implement measures such as guidance or diversion, or admits tourists beyond maximum capacity, the competent scenic area authority shall order corrections. In serious cases, it shall order suspension for rectification. The Tourism Law also clearly stipulates penalties for dereliction of duty by tourism authorities.
In the case of “independent travel” where no travel agency or even scenic area is involved in the business operation, how should the safety responsibilities outlined in the Tourism Law be assigned?
Liu Xiaojun believes that the Tourism Law has clearly established that the responsibility for ensuring tourism safety lies with local governments—not with travel agencies or scenic areas—and this remains unchanged regardless of the type of tourism. “This includes ‘travelers’ who get lost while exploring and request government rescue; local governments are obligated to provide assistance, as it is the right of tourists,” Liu said. “However, the rights and obligations stipulated by law are always reciprocal. While tourists have the right to request rescue, they also bear the obligation to ensure their own safety. When tourists fail to fulfill their duty to ensure their own safety, local governments also have the right to require them to bear the costs arising from the rescue.”
Strict Control Over Forced Consumption
Issues such as “zero or negative tour fees,” forced shopping, and forced participation in paid activities have long plagued China’s tourism industry. These are the key targets of the Tourism Law, reflecting the distinct legal characteristics of combining civil and administrative regulations in China.
“To address both the symptoms and root causes, we must emphasize both civil and administrative regulations,” Liu Xiaojun explained. “The Tourism Law insists on addressing the root causes through adjustments in civil relations, while also considering the current situation where some tourists lack the capacity to protect their rights through civil means. Thus, it supplements with administrative measures to tackle the symptoms.” “To this end, the Tourism Law includes a dedicated chapter on tourism service contracts and, in response to the most pressing concerns of the public at this stage—such as ‘zero or negative tour fees,’ forced shopping, and forced participation in paid activities—it specifies the obligations of travel agencies and their employees regarding necessary contract content, disclosure, and strict performance. It also grants tourists the right to unconditional returns and refunds.”