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PROVISIONS CONCERNING STRICT FORBIDDANCE ON ACCEPTANCE OF REBATES AND TIPS IN HANDLING TOURIST BUSINESS

    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:

    (l) 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 the 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 reemployed 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.