Memorandum of Cooperation on Joint Punishment of Entities with Responsibility for Serious Untrustworthiness in the Tourism Field

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为全面贯彻党的十九大和十九届二中、三中全会精神,以习近平新时代中国特色社会主义思想为指导,落实《中央文明委关于推进诚信建设制度化的意见》(文明委〔2014〕7号)、《国务院关于促进市场公平竞争维护市场正常秩序的若干意见》(国发〔2014〕20号)、《国务院关于印发社会信用体系建设规划纲要(2014-2020年)的通知》(国发〔2014〕21号)、《国务院办公厅关于加强旅游市场综合监管的通知》(国办发〔2016〕5号)、《国务院关于建立完善守信联合激励和失信联合惩戒制度加快推进社会诚信建设的指导意见》(国发〔2016〕33号)和《国家发展改革委人民银行关于加强和规范守信联合激励和失信联合惩戒对象名单管理工作的指导意见》(发改财金规〔2017〕1798号)等文件要求,加快推进旅游诚信体系建设,加大旅游领域严重失信行为惩戒力度,国家发展改革委、人民银行、文化和旅游部、中央组织部、中央文明办、最高人民法院、工业和信息化部、财政部、人力资源社会保障部、自然资源部、住房城乡建设部、交通运输部、水利部、商务部、应急管理部、国资委、海关总署、税务总局、国家市场监督管理总局、中国银行保险监督管理委员会、证监会、民航局、全国总工会、共青团中央、全国妇联、铁路总公司等部门就针对旅游领域严重失信相关责任主体实施联合惩戒措施达成如下一致意见。

I. The targets of joint disciplinary action

The targets of joint disciplinary action entities anounced by the Ministry of Culture and Tourism as being responsible for serious untrustworthy conduct in tourism (hereinafter 'untrustworthy parties') on the basis of the "Measures on Management of Negative Information on Tourism Business Services (Provisional)" (Lvbanfa (2015) No 181) and relevant laws, regulations, and rules, as well as other normative documents, relevant provisions, and so forth; including travel agencies and scenic spots as well as businesses and others working in the industry who provide travellers with transportation, lodging, food, shopping, entertainment, and other such services. Situations of serious dishonesty in the tourism sector include:

1. Tourism business operations and persons working in tourism that have received a punishment of a fine or higher from an administrative organ for violation of tourists' lawful rights and interests.

2. Tourism business operations where a major safety incident has occurred for which the tourism business operation is primarily responsible.

3. Tourism business operations and persons working in tourism that a people's court has ruled have full or primary responsibility for harming tourists lawful rights and interests through tortious conduct or breach of agreements, or who refuse to perform on a court's judgment.

4. Principle responsible persons for tourism business operation companies and persons working in tourism that have been criminally punished by a people's court for violating tourists' lawful rights and interests;

5. Persons working in tourism that have been given an administrative punishment or been found by a court to bear responsibility for conduct such as disrupting the order of public transportation, damaging public facilities, damaging cultural relics at tourist destinations, or violating social customs of tourist destinations.

6. Tourism business operations and persons working in tourism that violate tourists' lawful rights and interests, causing a serious negative social impact;

7. Other situations where tourism business operations and persons working in tourism violate laws or regulations. Situations of serious untrustworthiness in the tourism field are to adjusted accordingly on the basis of adjustments to the "Measures on the Management of negative Information on Tourism Operation Services.

II. The current method for implementation of information sharing and joint disciplinary action is for the Ministry of Culture and Tourism to publicly disclose information on parties' untrustworthiness on the "CreditChina" website, the China Quality Tourism Network, and the National System for Announcement of Enterprise Credit Information. Th Ministry of Culture and Tourism is to send information on parties' untrustworthiness to the relevant departments of each signatory of this MOU through special notices, and each relevant department is to follow relevant laws, regulations, rules, and normative documents, to carry out one or more of the following discipline measures against the targets of joint disciplinary action (see the attachment for relevant units and basis), and report back on the implementation of joint disciplinary action to the National Development and Reform Commission and Ministry of Culture and Tourism at intervals based on the actual circumstances.

After a national tourism oversight service is established and connected to the national credit information sharing platform, information on untrustworthy parties in the tourism field will go through data exchange and sharing on the platforms described above, the Ministry of Culture and Tourism is to use the national credit information sharing platform to send information on untrustworthy parties to the relevant departments of signatories to this MOU, and each relevant department is to go through the platform's joint reward and discipline system to promptly give feedback to the National Development and Reform Commission and Ministry of Culture and Tourism on the implementation of joint disciplinary action.

III. Joint Discipline Measures

(1) Restrictions or prohibitions on market entry and administrative permits for untrustworthy parties.

1. Lawful restrictions on untrustworthy parties' entry into the tourism market. (Implementing Units: Ministry of Culture and Tourism and other departments relevant to market entry)

2. Prudent consideration when restricting enterprise's business operations. Take measures such as cancelling untrustworthy parties' qualifications to work in the tourism industry and related business, or restricting business operations. Make circumstances of untrustworthiness a basis for prudential consideration of approvals for untrustworthy parties' new engagement in tourism operations. Strictly review untrustworthy parties' applications for permits for value-added telecommunications business operations. (Implementing Units: Ministry of Culture and Tourism, Ministry of Industry and Information Technology, and other relevant market oversight departments)

3. Lawful restrictions on obtaining production permits. Lawfully restrict untrustworthy parties applications for industrial production permits. (Implementing Units: State Administration for Market Regulation)

4. Lawfully restrict participation in government procurement activities. Assist in inquiries regarding government procurement projects; lawfully restricting untrustworthy parties' participation in government procurement activities for a certain period of time. (Implementing Units: Ministry of Finance)

5. Lawfully restrict the receipt of, or terminate, their infrastructure and public utility concessions. Assistance in inquiries regarding infrastructure and public utility concessions; lawfully restricting untrustworthy parties' participation infrastructure and public utility concession activities for a certain period of time. (Implementing Units: National Development and Reform Commission, Ministry of Finance, Ministry of Housing and Urban-Rural Development, Ministry of Transport, Ministry of Water Resources and other relevant department)

6. Restrictions on obtaining government provided lands. Conduct necessary restrictions of untrustworthy parties applications to use land or participate in bidding on land. (Implementing Units: Department of Natural Resources)

7. Lawfully restrict participation in bidding and tendering for construction projects. (Implementing Units: National Development and Reform Commission, Ministry of Culture and Tourism, Ministry of Industry and Information Technology, Ministry of Housing and Urban-Rural Development, Ministry of Transport, Ministry of Water Resources, Ministry of Commerce, Civil Aviation Administration, China Railway Corporation, and other relevant departments)

8. Lawfully restricting them from obtaining safety production permits. (Implementing Units: Ministry of Housing and Urban and Rural Development, and other relevant departments)

9. Restrict their becoming customs verified enterprises; not passing them for verification when applying for customs verified enterprise management; for those who have already become verified enterprises, lower their enterprise credit level in accordance with provisions. (Implementing Units: General Customs Administration)

10. When handling customs operations, implement strict oversight of their imports and exports, and strengthen verification of their documents, monitoring inspections, processing of trade assurance levies, and statistical oversight inspections. (Implementing Units: General Customs Administration)

11. Restrict entities responsible for serious untrustworthiness from obtaining qualifications as an authentication body; and restrict their obtaining authentication certificates. (Implementing Units: State Administration for Market Regulation)

12. Make information on the untrustworthiness of punishment targets a consideration in reviewing the issuance of stocks and transferable securities of medium and small-sized enterprises. (Implementing Units: Securities Regulatory Commission)

13. Make untrustworthy information a consideration in approvals or recording of modifications to securities companies', insurance companies', fund management companies', or futures companies' establishment, equity rights, and actual controller, or private investment fund managers registration, modification of major matter, and other fund recording. (Implementing Units: China Securities Regulatory Commission, the Bank of China Insurance Regulatory Commission)

14. Use untrustworthy information as a consideration in approval or recording of directors, supervisors, or senior management, or the responsible persons at branch organizations of securities companies, insurance companies, fund management companies, or futures companies. (Implementing Units: China Securities Regulatory Commission, the Bank of China Insurance Regulatory Commission)

15. Put relevant entities with records of untrustworthiness under key scrutiny, during and after the event, in acquisitions by listed companies or unlisted public companies. (Implementing Units: Securities Regulatory Commission)

16. Make information on untrustworthiness a consideration in review of major asset reorganizations of non-listed public companies. (Implementing Units: Securities Regulatory Commission)

17. Make information on untrustworthiness a consideration in the approval of independent fund sales establishments. (Implementing Units: Securities Regulatory Commission)

(2) Strengthening routine supervision of untrustworthy parties, and restricting financing and spending

18. Strengthen oversight and management of tourism business operations and service quality. Strengthen reviews and oversight inspections of the business activities of untrustworthy parties engaged in services such as travel agencies, scenic spots, and those providing travellers with transportation, lodging, food, shopping, or entertainment. (Implementing Units: Ministry of Culture and Tourism, National Development and Reform Commission, Ministry of Transport, Ministry of Commerce, State Market Supervision Administration, Ministry of Housing and Urban-Rural Development and other relevant department)

19. Be an important consideration in inspection and issuance of guide credentials, and when determining tour group leader credentials. Make untrustworthy parties' violations of legal provision an important consideration in their passing inspections and issuance of guide credentials, and for determining tour group leader credentials. (Implementing Units: Ministry of Culture and Tourism)

20. Strengthen safety production management and supervision. Make untrustworthy parties targets for key supervision, increase the extent of routine supervision, increase the rate and frequency of spot checks. Establish mechanisms for normalizing unannounced site inspections, irregularly carrying out spot checks.

Where new untrustworthy conduct seriously violating laws in production safety, punishment should be heavy in accordance with law. (Implementing Units: Ministry of Culture and Tourism, Emergency Management and other related departments)

21. Make information on untrustworthiness a consideration in the approval or registration of other companies' credit bonds. (Implementing Units: Securities Regulatory Commission)

22. Prudential consideration when financial institutions finance credit. Untrustworthy parties' records of untrustworthiness are to a consideration for financial instititutions financing their credit.

(Implementing Units: People's Bank of China, the Bank of China Insurance Regulatory Commission)

23. When implementing government-funded project arrangements and other preferential policies in the investment field, employ restrictive measures such as strict review, reducing support, or not giving support. (Implementing Units: National Development and Reform Commission, Ministry of Finance)

24. Lawfully not accepting applications to issue corporate bonds (Implementing Units: The National Development and Reform Commission)

25. Not giving support in applications for government payment into industry investment funds. (Implementing Units: (Ministry of Finance, National Development and Reform Commission)

26. 在国家重大建设项目稽察、中央财政性建设资金投资安排实施情况的监督检查、价格执法检查等监管活动中,将失信当事人列为重点监督检查对象,提高随机抽查的比例和频次。 (Implementing Units: National Development and Reform Commission and other relevant departments)

27。 对存在失信记录的相关主体在证券、基金、期货从业资格申请中予以从严审核,对已成为证券、基金、期货从业人员的相关主体予以重点关注。 (Implementing Units: Securities Regulatory Commission)

28。 将失信信息作为境内上市公司实行股权激励计划或相关人员成为股权激励对象事中事后监管的参考。 (Implementing Units: Securities Regulatory Commission)

(三)限制失信当事人享受优惠政策、评优表彰和相关任职

29。 Restrictions on some high-spending. Those against whome the people's courts lawfully employ measures to restrict highspending in accordance with relevant provisions or who are lawfully entered into the Judgment Defaulters List, restricting their passage on any seats on airplanes, soft-sleeper trains, G type trains, and first-class or higher seats on other train types, and other high-sending and spending on activities not essential for livelihood or work. (Implementing Units: Supreme People's Court, Ministry of Culture and Tourism, Ministry of Transport, Civil Aviation Bureau, China Railway Corporation)

30。 依法限制、暂停或取消政策性资金、政府补贴性资金和社会保障资金支持。 (Implementing Units: The National Development and Reform Commission, Ministry of Finance, Ministry of Human Resources and Social Security, State-owned Assets Supervision and Administration Commission, and other relevant departments)

31。 限制失信当事人享受优惠性政策的审慎性参考。 在实施投融资等领域相关优惠性政策时,将失信状况作为限制失信当事人享受该政策的审慎性参考。 (Implementing Units: The National Development and Reform Commission, Ministry of Commerce, Ministry of Culture and Tourism, and other relevant departments)

32。 供纳税信用管理时的审慎性参考。 在失信当事人纳税信用管理中,将失信状况作为信用信息采集和评价的审慎性参考依据。 (Implementing Units: State Administration of Taxation)

33。 按程序及时撤销相关荣誉,取消惩戒对象参加评先评优资格,不得向惩戒对象授予“文明单位”“道德模范”“劳动模范”“五一劳动奖”“工人先锋号”等荣誉。 (Implementing Units: 中央文明办、全国总工会、共青团中央、全国妇联等有关部门)

34。 限制招录(聘)为公务员或事业单位工作人员。 (Implementing Units: 中央组织部、人力资源社会保障部等有关部门)

35。 限制失信当事人担任生产经营单位的相关任职。 依法限制失信当事人担任生产经营单位主要负责人及董事、监事、高级管理人员,已担任相关职务的,按规定程序要求变更。 (Implementing Units: 国家市场监督管理总局、应急管理部等有关部门)

36。 Other joint disciplinary measures. 相关市场监管部门将失信当事人失信状况作为审慎性参考依据。 (Implementing Units: All relevant departments)

IV. Dynamic Management of Joint Disciplinary Action Measures.

The Ministry of Culture and Tourism conducts dynamic management of the list of untrustworthy parties in the tourism field. Where two years has past since the release of infomation on one's untrustworthiness, or the untrustworthy conduct has been completed within the time provided and the negative impact has been removed, person is not longer to be a target for joint disciplinary action, the information on untrustworthiness is no longer to be publicly disclosed and announced, and the relevant records of untrustworthiness are to be stored behind the scenes. The Ministry of Culture and Tourism is to send the information described above to the relevant departments, and on the basis of their legally-prescribed duties, relevant departments are to carry out punishments or lift punishments, in accordance with laws, regulations or relevant provisions.

V. Other matters

Each department shall closely coordinate and actively implement this memorandum, drafting detailed implementation rules and operational processes on how to use, revoke, and manage information on untrustworthiness, and guiding all levels of units in corresponding system to carry out joint disciplinary action in accordance with law. The Ministry of Culture and Tourism is responsible for the collection and sharing of information related to untrustworthy parties.

Specific issues in the implementation of this memorandum of cooperation related to the coordination and cooperation between departments are to be settled by the departments through consultations.

After this memorandum is signed, where any laws, regulations, rules or normative documents that are the basis for any joint punishment measure are revised or adjusted, the revised laws, regulations, rules or normative documents are controlling.

Attachment: The legal basis and implementing units for joint disciplinary action measures

 

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