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Title: Regulations Governing Tour Managers CH
Amended Date: 2016-08-26
Category: Ministry of Transportation and Communications(交通部)
Article 1
These regulations are promulgated in accordance with Paragraph 5, Article 66 of the Statute for the Development of Tourism (hereinafter “the Statute”).
Article 2
The training, issuance of practicing licenses, management, and punishing and rewarding for tour managers shall be administered by the Tourism Bureau under the commission of the Ministry of Transportation and Communications (hereinafter “the MOTC”). Commissioned businesses along with related legal grounds shall be announced and published in government bulletins or newspapers.
Article 3
Tour managers may engage in work as tour managers only when hired or assigned to do so by a travel agency or employed to do so by a government agency or institution.
Article 4
A person may not undertake the work of a tour manager within five years of having his or her tour manager license revoked due to violation of these Regulations.
Article 5
Tour manager training is divided into pre-service training and in-service training.
Those passing the tour manager examination shall attend pre-service training organized by the Tourism Bureau or a related organization or institution appointed thereby, and only after obtaining completion certification may apply for a tour manager license and undertake work as a tour manager.
Tour manager in-service training is organized by the Tourism Bureau or a related organization or institution appointed thereby.
An appointed organization or institution as referred to in the preceding two paragraphs shall possess one of the following qualifications:
1. It must be a tourism organization connected with the travel industry or tour managers, and within the preceding two years, either on its own initiative or under mandate of the Tourism Bureau, must have undertaken the training of tour managers.
2. It must be a school at tertiary level or above that has established a tourism related department, and must within the past two years have self-organized or been commissioned by the Tourism Bureau to organize relevant training of persons pursuing employment in the travel industry.
3. The methods, curricula, fees and related rules of pre-service training and in-service training shall be stipulated by the Tourism Bureau or mapped out by a related organization or institution appointed by the Tourism Bureau and submitted to the Tourism Bureau for approval.
Article 6
Persons who have passed the examinations and completed the training to qualify as Chinese-language tour managers, and who pass the examination for foreign-language tour managers, need attend only half of the lessons of pre-service training.
Persons who have passed the examinations and completed the training to qualify as foreign-language tour managers, and who pass the examination for foreign-language tour managers in another language, need not re-attend pre-service training.
The provisions in the preceding two paragraphs shall also apply to tour managers who obtained qualification through examination and training of the Tourism Bureau prior to the implementation of the amendment of these Regulations herein.
Article 7
Persons who have passed the tour manager examination and apply to participate in pre-service training shall submit an application with an appended copy of the examination pass certificate and payment of the training fees to the Tourism Bureau or the related organization or institution appointed thereby, and shall report to receive training at the appointed training time.
Participants in tour manager pre-service training may, after paying registration fees and up to seven days prior to commencement of training, cancel their registration and apply for reimbursement of seventy percent of training fees, but shall not be entitled to reimbursement for later cancellation. However, if they are unable to attend training owing to maternity leave, serious illness, or other proper cause, they may apply for reimbursement of the whole of the training fees.
Article 8
Tour manager pre-service training shall consist of fifty-six lessons, each of fifty minutes in duration.
Trainees may not be absent from class at training times for more than ten percent of the lessons.
Each time a trainee is more than ten minutes late for a lesson or leaves a lesson more than ten minutes early shall be counted as an absence from the lesson.
Article 9
Test results of tour manager pre-service training shall be marked out of one hundred points, with seventy points as the passing mark.
Those who fail to obtain a pass mark shall apply for retesting one time within seven days; and those who fail to obtain a passing mark on retesting shall not complete the training course.
Those who, owing to maternity leave, serious illness, or other proper cause, obtain approval to postpone being tested shall apply for testing within one year; and those who fail the test shall be subject to the provisions in the preceding paragraph.
Article 10
If any of the following situations applies to a trainee during the pre-service training period, the person shall withdraw from the training, and may not apply for reimbursement of any training fees already paid:
1. The trainee is absent from more than ten percent of the lessons.
2. The trainee acts violently or threateningly toward an instructor, a training assistant or any other training personnel during the training period.
3. Someone else attends the training in the trainee’s name.
4. A certificate of qualification submitted with the trainee’s registration is forged or has been altered.
5. A serious instance of other concrete fact sufficient for inferring that the trainee’s moral conduct violates the code of professional ethics.
If any of the situations described in subparagraphs two through four above apply, the trainee shall not participate in further training within two years of the withdrawal from training.
Article 11
If any of the following situations applies to a tour manager during in-service training, the person shall withdraw from the training, and may not apply for reimbursement of any training fees already paid:
1. The trainee is absent from more than ten percent of the lessons.
2. Someone else attends the training in the trainee’s name.
3. The trainee acts violently or threateningly toward an instructor, a training assistant or any other training personnel during the training period.
4. A serious instance of other concrete fact sufficient for inferring that the trainee’s moral conduct violates the code of professional ethics.
Article 12
An organization or institution appointed to conduct tour manager pre-service training or in-service training shall implement the training program as approved by the Tourism Bureau, and within ten days of the completion of the training shall submit for reference to the Tourism Bureau a list of the trainees’ results and the numbers of trainees who have completed and withdrawn from training.
Article 13
If an organization or institution appointed to conduct tour manager pre-service training or in-service training fails to comply with the requirements in the preceding Article, the Tourism Bureau may notify it to make correction within a set time; and if it fails to make correction within the set time, its appointment may be revoked, and it may not participate in selection for training appointment within the ensuing two years.
Article 14
If a tour manager, having obtained a completion certificate or tour manager license, does not engage in work as a tour manager for three successive years, he shall be required to repeat participation in and completion of training according to regulation, and may engage in work as a tour manager only after obtaining or being reissued with a tour manager license.
A tour manager repeating participation in training shall attend twenty-eight lessons, each of fifty minutes in duration.
The provisions of Article 5 Paragraphs 2, 4 and 5, Article 7, Article 8 Paragraphs 2 and 3, Article 9, Article 10, Article 12, and Article 13 concerning tour manager pre-service training shall also apply to a person repeating participation in training under Paragraph 1 herein.
Article 15
Tour manager licenses are divided into foreign-language tour manager licenses and Chinese-language tour manager licenses.
A person who has obtained a foreign-language tour manager license may lead Taiwanese tour groups on visits to foreign countries and to Hong Kong, Macau and mainland China.
A person who has obtained a Chinese-language tour manager license may lead Taiwanese tour groups on visits to Hong Kong, Macau and mainland China, but may not lead Taiwanese tour groups on visits to foreign countries.
Article 16
An applicant for a tour manager license shall fill out an application form and submit it, along with pertinent certificates and documents, to the Tourism Bureau or an authorized organization commissioned by the Tourism Bureau for the issuance of the license.
A tour manager ceasing to work as such shall within ten days return all licenses to the Tourism Bureau or an authorized organization commissioned by the Tourism Bureau; if a license is not returned within the stipulated time, the Tourism Bureau shall issue a public announcement of the revocation of the license.
Commissioned matters as referred to in paragraph one of this Article, along with related legal grounds, shall be announced and published in government bulletins or newspapers.
Article 17
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Article 18
A practicing license for tour managers shall be valid for three years, and application for license replacement shall be filed with the Tourism Bureau or an organization commissioned by the Tourism Bureau before the expiration date.
Article 19
In the event of loss of or damage to the graduate certificate or practicing license, a tour manager shall apply, with reasons stated in writing, for replacement or reissuance.
Article 20
A tour manager shall practice business in accordance with the tour itinerary and contents arranged by the employing travel agency, and may not make arbitrary changes, except due to force majeure or reasons for which the tour leader is not responsible.
Article 21
When practicing business, a tour manager shall wear the practicing license in a visible position on his or her chest to facilitate service contact and inspection by the Tourism Bureau.
A tour manager may not evade, obstruct,or reject, and shall provide/present necessary documents, information and/or other articles toan inspection as indicated in the preceding paragraph.
Article 22
In the event of an incident or accident while executing business, a tour manager shall immediately take appropriate measures, and shall report the course and handling of such event as soon as possible to the employing travel agency and the Tourism Bureau within 24 hours.
Article 23
In the execution of his or her duties, a tour manager shall comply with related laws and regulations in the tourist destinations, shall defend the national honor, and may not engage in any of the following behaviors:
1. Failing to take proper care of tourists who have fallen ill, or failing to pay attention to the maintenance of the safety of tourists.
2. Encouraging tourists into purchasing goods, receiving kickbacks for other services, demanding extra charges from tourists, buying goods from or selling goods to tourists, receiving goods or money from tourists, or entrusting tourists to carry goods for profit purposes.
3. Lending practicing licenses to be used by others, delaying practice without justifiable reasons, entrusting others to practice business without authorization, practicing business without authorization when ceasing to be eligible to act as a tour manager, operating travel businesses without authorization or executing tour leading for a non-travel business operator.
4. Leaving the tourist group without authorization or arbitrarily disbanding the group, making unauthorized changes, or using illegal transportation vehicles, amusement, or accommodation facilities.
5. Keeping tourist identification documents without request from tourists and with no justifiable reasons, or losing important tourist documents, such as identification documents, certificates and air tickets, which are kept by the tour leader at the request of tourists.
6. Acting or speaking in an inappropriate manner when leading tours.
Article 24
A tour manager who violates the provisions of Paragraph 3 of Article 15, Paragraph 2 of Article 16, Article 18, or Articles 20 to 23 of these Regulations shall be punished by the Tourism Bureau in accordance with Article 58 of the Tourism Development Act.
Article 25
A fee of five hundred (500) New Taiwan dollars shall be charged for the issuance of each tour manager graduation certificate issued in accordance with these Regulations; the same fee shall be charged for the replacement of such certificate.
Article 26
A fee of one hundred and fifty (200) New Taiwan dollars shall be charged for the issuance, re-issuance or replacement of a tour manager license.
Article 27
These Regulations shall become effective on the date of their promulgation.