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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 07:57
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Chapter Law Content

Title: Regulations Governing Travel Agencies CH
Category: Ministry of Transportation and Communications(交通部)
Chapter II Registration of Travel Agencies
Article 5
A travel agency shall produce the following documents when applying to the Tourism Bureau of the MOTC (hereinafter “the Tourism Bureau”) for establishment:
1.) Application form for travel agency establishment.
2.) List of founders.
3.) List of managers and photocopies of managers’ certificates of completion.
4.) Documentary proof of use permit of business premises concerned.
Article 6
A travel agency, after having been approved for establishment, shall complete corporate registration within two months. It shall pay a Travel Agency Guarantee Deposit together with registration fee, and apply for registration with the Tourism Bureau by presenting the documents listed below. Failure to comply within the time limit shall result in the revocation of the establishment approval. However, in case there is valid reason for such delay, the applicant may apply for a single extension.
1.) Application form for travel agency registration.
2.) Documents proving corporate registration.
3.) Corporate charter.
4.) Travel agency establishment and registration card detailing the business items.
A travel agency may not commence business unless the aforesaid application has been approved, the travel agency registration has been issued, and a designated serial number for registration has been given.
Article 7
To establish a branch company, a travel agency shall apply to the Tourism Bureau by presenting the following documents:
1.) Application form for the establishment of the branch company.
2.) Minutes of the board of directors meeting, or written agreement of stockholders.
3.) Corporate charter.
4.) List of managers and documentary proof of their educational background,and photocopy of graduation certificates of travel agency managers.
5.) Documentary proof of use permit for business premises concerned.
Article 8
A travel agency, after having been approved for the establishment of the branch company, shall duly complete registration procedures for the establishment of the branch company, and shall pay a Travel Agency Guarantee Deposit and registration fee, and apply for registration with the Tourism Bureau by presenting the documents listed below. Failure to comply within the time limit shall result in the revocation of the establishment approval. However, in case there is valid reason for such delay, the applicant may apply for a single extension.
1.) Application for registration of the branch company.
2.) Documentary proof of corporate registration of the branch company.
Paragraph 2 of Article 6 shall apply mutatis mutandis to the application for establishment of a branch company.
Article 9
In the event of any change in the organizational structure, name, type, invested capital, address, representative, board directors, supervisors, or managers of a travel agency, or if a travel agency is merged with other travel agencies, the travel agency concerned shall, within fifteen days after such change or merger, apply with the Tourism Bureau for approval by presenting the documents listed below. It shall then complete registration of such corporate changes in accordance with the Company Law, and apply for replacement of the operating license within two months by presenting the related documents.
1.) Application form for changes in corporate registration.
2.) Other related documents.
The regulation in the preceding paragraph shall apply mutatis mutandis to changes in the address or managers of branch companies of a travel agency.
Transfer of stocks or invested capital of a travel agency to another party shall be conducted in accordance with due procedures for registration of stock transference or for change in invested capital, and shall be reported to the Tourism Bureau.
Article 10
A Consolidated travel agency or Class-A travel agency which intends to establish a branch institution or to operate a travel business in a foreign country, Hong Kong, Macau or mainland China, cooperate with a travel agency in a foreign country, Hong Kong, Macau or mainland China, shall follow the provisions of related laws and regulations and report such venture to the Tourism Bureau.
Article 11
The minimum amount of the paid-in capital of a travel agency shall be as follows:
1.) Consolidated travel agencies: NT$30 million.
2.) Class-A travel agencies: NT$6 million.
3.) Class-B travel agencies: NT$ 1.2 million.
A capital increase of NT$1.5 million shall be required for each new domestic branch company of a consolidated travel agency. A capital increase of NT$1 million shall be required for each new domestic branch company of a Class-A travel agency. A capital increase of NT$600,000 shall be required for each new domestic branch company of a Class-B travel agency. A travel agency that has an original invested capital sufficient to cover the capital increment required for such establishment of a new branch company is exempt from these provisions.
Article 12
A travel agency shall pay a registration fee and Travel Agency Guarantee Deposit in accordance with the following provisions:
1.) Registration fee:
(A). One-thousandth of total invested capital.
(B). One-thousandth of capital increase for a branch company.
2.) Guarantee deposit:
(A). NT$10 million for Consolidated travel agencies.
(B). NT$1.5 million for Class-A travel agencies.
(C). NT$600,000 for Class-B travel agencies.
(D). NT$300,000 for each branch company of consolidated or Class-A travel agencies.
(E). NT$150,000 for each branch company of Class-B travel agencies.
(F). For a travel agency that has no record of business suspension for the last two years, that has not been subject to compulsory execution of the Travel Agency Guarantee Deposit, and that has obtained membership in a public-interest association for tourism that is recognized by the central administrative authority as a competent agent for safeguarding the interests of tourists, the guarantee deposit may be reduced to one-tenth of the mandatory amount for same type of travel agency as indicated in Item A to Item E.
In the event of any of the following changes in a travel agency, the starting point of the two-year period as indicated in item F of subparagraph 2 shall be changed to the time of occurrence of such change:
1.) Change in the name of travel agency.
2.) Change of representative, with the new representative being other than an original stockholder of the agency and has qualified as a stockholder the less than a year.
Payment of the Travel Agency Guarantee Deposit shall be made in the form of a certificate of deposit issued by a bank.
The charge for licensing, replacement, or reissuance of a travel agency operating license shall be NT$1,000.
The renewal or reissuance of an operating license for a travel agency, necessitated by a change of address caused by the rezoning of the administrative district or by a change in the property numbering system affecting the travel agency in question, shall be without charge.
Article 13
A travel agency and its subsidiaries shall each assign at least one manager to be responsible for supervision and administration of its business.
The managers of a travel agency as indicated in the preceding paragraph shall work exclusively for the travel enterprise on a full-time basis. They may not work as a part- time manager of another travel agency, nor may they operate another travel agency owned by themselves or other persons.
Article 14
A person having engaged in any of the following acts may not assume the post of founder, board director, supervisor, manager, or stockholder in the capacity of business executive or corporate representative, and, if already assumed, shall be discharged ipso facto of such post. In such cases, the Tourism Bureau shall revoke or annul the pertinent travel agency registration and notify the administrative authority of corporate registration.
1.) Having committed an offence as specified in the Statute for Prevention of Organizational Crimes and subsequently convicted of a crime, and has not started serving the sentence, has not completed serving the sentence, or five years have not elapsed since completion of serving the sentence, expiration of the probation, or pardon.
2.) Having committed the offence in terms of fraud, breach of trust or misappropriation and subsequently convicted with imprisonment for a term of more than one year, and has not started serving the sentence, has not completed serving the sentence, or two years have not elapsed since completion of serving the sentence, expiration of the probation, or pardon.
3.) Having committed the offense as specified in the Anti-corruption Act and subsequently convicted of a crime, and has not started serving the sentence, has not completed serving the sentence, or two years have not elapsed since completion of serving the sentence, expiration of the probation, or pardon.
4.) Having been adjudicated bankrupt or adjudicated of the commencement of liquidation process by a court, and having not been reinstated to his rights and privileges.
5.) Having been dishonored for unlawful use of credit instruments, and the term of such sanction has not expired yet.
6.) Having no or only limited disposing capacity.
7.) Having been adjudicated of the commencement of assistantship and such assistantship having not been revoked yet.
8.) Having operated another travel agency, whose operating license has been revoked or annulled less than five years ago.
Article 15
Managers of a travel agency shall meet one of the following qualification conditions, and may not assume their post until they have obtained the pertinent certificate upon successful completion of a training course organized by the Tourism Bureau or by an authorized organization or group under the commission of the Tourism Bureau.
1.) Having graduated from college or above, or having passed the senior civil service examination, and having served as the representative of a travel agency for more than two years.
2.) Having graduated from college or above, or having passed the senior civil service examination, and having been in charge of the operating unit of an enterprise providing sea, air, or land transportation services for passengers for more than three years.
3.) Having graduated from college or above, or having passed the senior civil service examination, and having worked for a travel agency as a full-time employee for more than four years, or as a tour manager or tour guide for more than six years.
4.) Having graduated from senior high school, having passed the junior civil service examination, having completed at least two-thirds of the required credits at two-year vocational college, three-year vocational college, or university, or five-year vocational junior college, and having worked for a travel agency as a representative for more than four years, as a full-time employee for more than six years, or as a tour manager or tour guide for more than eight years.
5.) Having worked as a full-time employee at a travel agency for more than ten years.
6.) Having graduated from college or above, or having passed the senior civil service examination, and having taught courses in professional tourism at a domestic or overseas university or college for more than two years.
7.) Having graduated from college or above, or having passed the senior civil service examination, and having worked as a full-time employee at an operating unit of a tourism administrative agency for more than three years, or having graduated from senior high school and having worked as a full-time employee at an operation unit of a tourism administrative agency or an association of travel agencies for more than five years.
Seniority qualifications as indicated in sub-paragraph 2 to sub-paragraph 4 of the preceding paragraph shall be reduced by one year for a person who has graduated from the tourism department of a senior high school, college or higher institution of education.
Those who have successfully completed a training course as indicated in sub- paragraph 1 but have not been employed by a travel agency for following three years, may not be employed as manger unless they have retaken and successfully completed the training course.
Article 15-1
The training of travel agency managers shall be undertaken by the Tourism Bureau or a related organization or institution appointed thereby.
The appointed organization or institution in the preceding paragraph must meet one of the following qualifications:
1.) It must be a tourism organization connected with the travel industry or travel agency managers, and within the preceding two years, either on its own initiative or under mandate of the Tourism Bureau, must have undertaken relevant training of persons pursuing employment in the travel industry.
2.) It must be a school at tertiary level or above that has established a tourism related department, and within the preceding two years, either on its own initiative or under mandate of the Tourism Bureau, must have undertaken relevant training of persons pursuing employment in the travel industry.
Article 15-2
The methods, curriculum, fees and related rules of travel agency manager 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 15-3
Applicants to participate in travel agency manager training shall submit an application with appended certification of qualification 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 travel agency manager 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 15-4
Travel agency manager training shall consist of sixty 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 15-5
Test results of travel agency manager training shall be marked out of one hundred points, with seventy points as the pass mark.
Those who fail to obtain a passing mark shall apply for retesting one time within seven days; 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 15-6
If any of the following situations applies to a person receiving travel agency manager training during the 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.) Someone else attends the training in the trainee's name.
3.) A certificate of qualification submitted with the trainee's registration is forged or has been altered.
4.) The trainee acts violently or threateningly toward an instructor, a training assistant or any other training personnel during the training period.
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 sub-paragraphs 2 to sub-paragraphs 4 of the preceding paragraph, the person may not participate in travel agency manager training within two years after withdraw from the training.
Article 15-7
An organization or institution appointed to conduct travel agency manager training shall implement the training program as approved by the Tourism Bureau, and within fifteen 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 15-8
If an organization or institution appointed to conduct travel agency manager 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 15-9
After completion of travel agency manager training, trainees who have been affirmed as achieving the requisite pass mark and have paid the certification fee shall be issued with certificates of completion by the Tourism Bureau.
The aforementioned certification fee shall be NT$500 per copy; and the same shall apply to the issuance of replacement copies.
Article 16
A travel agency shall have a permanent business premise; and there should be a clear separation space between its business premises and other profit-making enterprises.
Article 17
A foreign travel agency that intends to establish a branch company in the ROC may not commence business un-less it has applied with the Tourism Bureau for approval, followed through with the procedures specified by law for Company Act registration of a branch company, and obtained an operating license. Regulations governing the head company of a ROC travel agency shall apply mutatis mutandis to the business scope, funds for business operation within the ROC, Travel Agency Guarantee Deposit, registration fee, and license replacement fee for such company.
Article 18
When meeting the following conditions, a foreign travel agency that has not established a branch company in the ROC may appoint a business representative or entrust a domestic consolidated travel enterprise or a Class-A travel agency to handle communication, promotion, and price quotation on its behalf, but may not practice business by itself:
1.) Being a corporation for international travel businesses established in accordance with the related laws of its home country.
2.) Having been forbidden by the pertinent administrative authorities from doing business
3.) Having no record of violating business principles of good faith.
The business representative as indicated in the preceding paragraph shall establish a representative office, and shall produce the following documents when applying with the Tourism Bureau for approval, upon which a report must be submitted in compliance with the Company Act to the central administrative authority for registration within two months:
1.) Application form.
2.) Authority of the business representative gave by the head office.
3.) Identification of the business representative.
4.) Photocopy of travel agency’s permit and commencement of business papers notarized by an overseas representative office of the R.O.C
A foreign travel agency may entrust a domestic consolidated travel enterprise or a Class-A travel agency to handle communication, promotion, and price quotation on its behalf, and shall produce the following documents when applying with the Tourism Bureau for approval:
1.) Application form.
2.) Written agreement of the consolidated travel agency or the Class-A travel agency to serve as proxy for businesses.
3.) Photocopy of travel agency operating license and document certifying business practice notarized by an overseas representative office of the ROC.
The representative of a foreign travel agency may not be simultaneously employed by domestic travel agencies.
When the corporate name is used for the identification of the representative office as indicated in Paragraph 2 of this Article, the additional wording “business representative office” shall be added for clarification.
Article 18-1
If a registered branch of a foreign travel agency in the ROC needs to change its business representative, it should submit for approval the following documents to the Tourism Bureau of the Ministry of Transportation and Communications:
1.)A completed application form
2.)A letter of authorization for the new business representative
3.)Identity papers for the above representative
If a foreign travel agency needs to change its business address, it should submit for approval the following documents to the Tourism Bureau of the Ministry of Transportation and Communications:
1.)A completed application form
2.)An original letter of consent from the building owner at the new address
If the operator of a foreign travel agency branch in the ROC decides to close the branch, it should submit for approval the following documents to the Tourism Bureau of the Ministry of Transportation and Communications:
1.)A completed application form
2.)Document of proof showing that the business representative has been relieved of his/her responsibilities.
Article 19
A travel agency, having been approved and registered, shall commence business within one month after obtaining its operating license.
The travel agency may put up its signboard only after it has obtained its operating license. In the event of a change in its address, the travel agency shall remove the signboard at the original address before changing its operating license.
The stipulations of the preceding two paragraphs shall apply mutatis mutandis to the branch company of a travel agency.
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