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关于严格禁止在旅游业务中私自收授回扣和收取小费的规定 PROVISIONS CONCERNING STRICT FORBIDDANCE ON ACCEPTANCE OF REBATES AND TIPS IN HANDLING TOURIST BUSINESS

2006-05-18 14:20   我要纠错 | 打印 | 收藏 | | |

(Approved by the State Council on August 2, 1987 and promulgated by the National Tourism Administration on August 17, 1987)
颁布日期:19870817  实施日期:19870817  颁布单位:国家旅游

  Article 1 These Provisions are formulated in order to promote cultural and ideological progress of the contingent of workers and staff members in the tourist industry, to fight against the improper acts of accepting, without permission, rebates and tips in handling tourist business, to defend the reputation of our tourist industry so as to ensure its further development.

  Article 2 Workers and staff members in the tourist industry shall not ask for, or accept, without permission, rebates (including various negotiable securities, material objects and other remuneration)。

  With respect to those who have committed one of the following acts in violation of the provisions in the preceding paragraph, the tourism administration department shall impose punishments depending on the seriousness of the cases:

  (1) In case that the amount of rebates the violator has privately asked for or accepted is 500 yuan or less, the illegal gain shall be confiscated, and a fine equal to the illegal gain, or less, may concurrently be imposed; and, at the same time, an administrative warning shall be given, or a demerit be recorded.

  (2) In case that the amount of rebates the violator has privately asked for or accepted is above 500 and below 1,000 yuan, the illegal gain shall be confiscated, and a fine equal to two times as much, or less, as the illegal gain may concurrently be imposed, and, at the same time, the punishment of probation on job shall be imposed.

  (3) In case that the amount of rebates the violator has privately asked for or accepted is above 1,000 yuan, the illegal gain shall be confiscated, and, at the same time, the punishment of dismissal from office shall be imposed.

  Article 3 Business operating units that receive tourists, such as stores, restaurants and automobile companies, shall not pay rebates to individuals in business operations. With respect to those who have committed one of the following acts in violation of the provisions in the preceding paragraph, the tourism administration department, shall, in consultation with the competent authorities, impose punishments depending on the seriousness of the cases:

  (1) In case that the amount of rebates a violator has paid on his/her own initiative to an individual is 1,000 yuan or less, a fine equal to two times as much, or less, as the amount of rebates shall be imposed on the violator; and the competent authorities shall impose disciplinary sanction on the violator, and also on the person who is in charge of the business operating unit.

  (2) In case that the amount of rebates a violator has paid on his/her own initiative to an individual is above 1,000 and below 2,000, a fine equal to three times as much, or less, as the amount of rebates shall be imposed; and the competent authorities shall impose disciplinary sanction on the violator, and also on the person who is in charge of the business operating unit.

  (3) In case that the amount of rebates a violator has paid on his/her own initiative to an individual is above 2,000 yuan, the tourism administration department may, in addition to imposing punishment in accordance with the provisions in item (2) of this Article, order the business operating unit to cease business operations for rectification, or, the administrative department for industry and commerce shall revoke the violator's business licence in accordance with the law.

  Article 4 Workers and staff members in the tourist industry shall not ask for, or accept, tips from tourists; and they shall not accept any tips given by tourists on latter's own initiative, either.

  In case that tourists present gifts on their own initiative, the gifts should be declined; gifts that are difficult to be declined shall be handled in accordance with the provisions of the State concerning gifts.

  Article 5 With respect to those who have committed one of the following acts in violation of the provisions of Article 4 of these Provisions, the tourism administration department shall impose punishment:

  (1) In case that the violator has accepted tips without asking for them on his/her own initiative, he/she shall be criticized, and the tips he/she has accepted shall be confiscated.

  (2) In case that the violator has asked for tips on his/her own initiative, or has so hinted by deliberately making things difficult for tourists and has thus produced very bad effect, the tourism administration department shall impose disciplinary sanction on the violator, and, at the same time, impose a fine equal to three times as much, or less, as the tips that the violator has accepted; if the case is extremely abominable and has caused grave consequences, the punishment of probation on job or even dismissal from office may be imposed on the violator, depending on the seriousness of the case.

  Article 6 With respect to those who have violated the provisions in Articles 2, 3 and 4, if the case is so serious as to constitute a crime, the violator's criminal responsibility shall be investigated by judicial organs in accordance with the law.

  Article 7 Those who have been discharged from office on account of having privately asked for or accepted rebates or tips, shall not be re-employed as staff members or workers in the entire tourist industry.

  Article 8 Those who have observed the disciplines, declined rebates and tips, and served tourists warm-heartedly and have thus been praised by tourists, shall be given moral encouragement and material rewards.

  Article 9 Fines, and illegal gains and objects confiscated, shall be handled in accordance with the pertinent provisions of the State.

  Article 10 The tourism administration department shall be responsible for supervising the implementation of these Provisions. The administrative department for industry and commerce, the department of finance and the auditing department shall, within their respective scope of functions, strengthen their coordination.

  Article 11 These Provisions shall apply to all units in the tourist industry, and also to other business operating units with relevance to tourist business, such as stores, restaurants, and automobile companies.

  Article 12 The expression “above……” referred to in these Provisions includes the figure itself.

  Article 13 These Provisions shall go into effect as of the date of promulgation.

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