What are the main bodies of the tourism market?

Provisions on credit management of cultural tourism market

Chapter I General Provisions

Article 1 In order to standardize and strengthen the credit management of the cultural and tourism markets, protect the legitimate rights and interests of various market subjects, employees and consumers, maintain the order of the cultural and tourism markets, and promote the high-quality development of the cultural and tourism markets, according to the Tourism Law of the People's Republic of China, the Law of People's Republic of China (PRC) on the Protection of Minors, the Regulations on the Administration of Commercial Performances, the Regulations on the Administration of Entertainment Places and the Regulations on the Administration of Internet Service Sites.

Article 2 In implementing credit management, the competent departments of culture and tourism shall adhere to the principles of administration according to law, reasonable connection, protection of rights and interests, prudence and moderation, and ensure that the reward and punishment measures are equivalent to acts of keeping promises and breaking promises.

Article 3 These Provisions shall apply to the collection, collection, publicity and enjoyment of credit information of cultural and tourism market subjects and employees, credit incentive and punishment for dishonesty, credit repair, credit commitment and credit evaluation.

The main body of the cultural market includes legal persons or other organizations engaged in business activities such as commercial performances, entertainment places, artworks, Internet services, online culture, and social art level examinations; Employees include the legal representatives, principal responsible persons, actual controllers and other relevant personnel of the above-mentioned market entities.

The main body of the tourism market includes legal persons or other organizations engaged in travel agency business services, A-level scenic spot business services, travel accommodation business services and online travel business services; Employees include the legal representatives, principal responsible persons, actual controllers, tour guides and other relevant personnel of the above-mentioned market entities.

Article 4 The Credit Management Department of the Ministry of Culture and Tourism is responsible for guiding, coordinating, supervising and managing the credit management of the national cultural and tourism market. Specific responsibilities include:

(a) to undertake the construction of the credit system in the cultural and tourism industries, formulate and organize the implementation of the construction plan of the credit system in the industry, implement the credit supervision in the industry, and promote the joint reward and punishment of the overall credit;

(2) Organizing the drafting of rules, regulations, standards and norms for credit management in the cultural and tourism markets, and conducting credit supervision and inspection;

(three) to undertake the work related to the inter-ministerial joint meeting of the social credit system, and to carry out the identification of the subject of dishonesty in the cultural and tourism markets;

(four) responsible for the collection, collection, disclosure and enjoyment of credit information of management culture and tourism market;

(five) responsible for credit commitment management, credit evaluation, credit incentive and dishonesty punishment, credit repair and other work;

(six) responsible for the construction and management of the credit management system of the national cultural tourism market, responsible for the safety management of credit information, and organizing the analysis and monitoring of credit information;

(seven) to carry out the construction of integrity culture, and to guide the organization of integrity training and publicity.

Article 5 The competent departments of culture and tourism of local people's governments at or above the county level shall be responsible for the credit management of the cultural and tourism markets within their respective administrative areas. Specific responsibilities include:

(a) responsible for organizing the implementation of the administrative region cultural and tourism market credit management system norms, to carry out the identification of the administrative region cultural and tourism market untrustworthy subject;

(two) to carry out the collection, collection, disclosure and sharing of credit information within their respective administrative areas, and organize the work of credit commitment, credit evaluation, credit incentive, punishment for dishonesty and credit repair;

(three) to organize the construction of credit culture, credit information analysis and monitoring, credit training and publicity within their respective administrative areas.

Article 6 Industry associations, chambers of commerce, third-party credit service institutions, financial institutions, news media and other units and individuals are encouraged to participate in credit management according to law. Encourage all kinds of market entities to widely and actively apply credit reports in production and business activities.

Support industry associations and chambers of commerce to carry out industry credit construction. Support industry associations and chambers of commerce to take industry self-discipline measures such as publicly condemning members who are identified as untrustworthy subjects and canceling the qualification of evaluating first and evaluating first, so as to strengthen integrity publicity and education.

Chapter II Collection and Collection of Credit Information

Article 7 The Ministry of Culture and Tourism shall establish the credit information records of the subjects and employees in the national cultural and tourism market.

Local cultural and tourism authorities at all levels are responsible for supplementing and perfecting credit information records and managing the work related to credit information within their respective administrative areas.

Eighth cultural and tourism market credit information includes the following information:

(1) Registration, filing and other information used to identify and record the basic information of market players and employees;

(two) the implementation of judicial decisions and arbitration;

(3) Information on administrative license and administrative punishment;

(four) information on the implementation of joint rewards and punishments with other departments;

(5) Credit evaluation result information and credit commitment fulfillment information;

(6) Other relevant information reflecting the credit status of market participants and employees.

Article 9 The competent department of culture and tourism shall collect relevant credit information according to the requirements of "who manages and who collects", and no unit or individual may collect it in violation of laws and regulations.

Article 10 The competent departments of culture and tourism shall collect relevant credit information within the scope of their duties through the credit management system of the national culture and tourism market.

The third chapter is the identification of the subject of dishonesty.

Article 11 The untrustworthy subjects in the cultural and tourism markets are divided into serious untrustworthy subjects and slight untrustworthy subjects.

Twelfth cultural market players and employees in any of the following circumstances, should be considered as serious dishonesty:

(1) Obtaining a license or approval document by cheating, intentionally concealing, forging or altering materials or forging or altering a license or approval document;

(2) Providing contents prohibited by laws, administrative regulations and rules, causing serious consequences;

(three) by the competent department of culture and tourism to revoke the license administrative punishment;

(4) engaging in cultural market activities such as commercial performances, entertainment places, Internet access services, etc. without authorization, especially causing major accidents or adverse social impacts;

(five) other circumstances that should be identified as the subject of serious dishonesty.

Thirteenth tourism market players and employees in any of the following circumstances, should be considered as serious dishonesty:

(1) Obtaining a license or approval document by cheating, intentionally concealing, forging or altering materials or forging or altering a license or approval document;

(two) the occurrence of a major safety accident, which belongs to the main responsibility of the main body of the tourism market;

(three) due to the violation of the legitimate rights and interests of tourists, resulting in the detention of tourists or serious social adverse effects;

(4) Being punished by the administrative department of culture and tourism for revoking the business license and tourist guide card of the travel agency;

(five) engaged in tourism market business activities without permission, especially causing major accidents or adverse social impact;

(six) other circumstances that should be identified as the subject of serious dishonesty.

Article 14 The competent department of culture and tourism shall follow the following procedures when identifying market players and employees as serious untrustworthy players:

(1) inform. Upon verification, if it meets the criteria for determining the subject of serious dishonesty, it shall serve the notice for determining the subject of serious dishonesty to the cultural and tourism market subjects and employees, stating the reasons, basis, disciplinary measures and the rights of statement and defense enjoyed by the parties.

(2) statements and arguments. Within 10 working days after being informed, the parties have the right to submit written statements, arguments and relevant supporting materials to the appraisal department. If it is not submitted within the time limit, it shall be deemed as abandonment. The appraisal department shall give a reply within 15 working days. If the reasons for the statement and defense are adopted, it will not be considered as the subject of serious dishonesty.

(3) recognition. If it meets the criteria for determining the subject of serious dishonesty, a decision shall be made within 15 working days according to law through procedures such as expert review, legal review and collective discussion.

(4) Decision-making and service. The identification department shall issue a "decision on the identification of the subject of serious dishonesty" to the parties and serve it.

Fifteenth cultural tourism market players and employees in any of the following circumstances, it should be considered as a slight dishonesty:

(a) the existence of "speculation", false propaganda, failure to perform relevant obligations, violation of public order and good customs and other acts, resulting in adverse social impact;

(two) due to intentional or gross negligence, seriously damage the legitimate rights and interests of tourists, but does not meet the serious situation of dishonesty;

(three) there are security risks in tourism business activities, and the rectification has not been completed within the prescribed time limit;

(four) refused to cooperate with the complaint handling, law enforcement inspection, refused to perform the administrative punishment decision, resulting in adverse social impact;

(5)/kloc-was fined twice by the competent department of culture and tourism within 0/2 months, causing adverse social impact;

(six) other circumstances that should be identified as the subject of minor dishonesty.

/kloc-If it is recognized as a minor untrustworthy subject for the third time within 0/2 months, it is recognized as a serious untrustworthy subject.

Sixteenth meet the standard of minor dishonesty, the competent department of culture and tourism of the local people's government at or above the county level shall make a decision according to law. The identification department shall issue a "Decision on the Identification of the Subject of Minor Dishonesty" to the administrative counterpart and serve it.

Those who meet the criteria for identifying the subject of minor dishonesty may not be identified as the subject of minor dishonesty if they are urged by the competent department of culture and tourism to correct the illegal act, fulfill the obligation of compensation and recover the adverse social impact before making a decision.

Chapter IV Credit Management Measures

Seventeenth cultural and tourism authorities can take incentive measures such as strengthening publicity, public encouragement and providing convenient services to trustworthy market players and employees.

Eighteenth cultural and tourism authorities to implement the following management measures for the main body of serious dishonesty in the cultural market:

(1) Appropriately increase the proportion and frequency of spot checks and include them in key supervision targets;

(two) to provide information about dishonesty to the relevant departments for their reference in related administrative management, public service, evaluation and other activities;

(3) Providing untrustworthy information to various market entities for their reference in market activities;

(four) because of the unauthorized operation of entertainment activities and was identified as a serious breach of trust, its investors and responsible persons shall not invest in the establishment of entertainment venues or as the legal representative or responsible person of entertainment venues for life;

(5) The legal representative or principal responsible person of the person who is identified as the subject of serious dishonesty due to the unauthorized establishment of the business unit of the Internet service place shall not serve as the legal representative or principal responsible person of the business unit of the Internet service place within five years;

(6) If the business performance license is revoked and it is recognized as the subject of serious dishonesty, its legal representative and principal responsible person shall not serve as the legal representative or principal responsible person of a theatrical performance group, a performance brokerage institution or a performance venue business unit within five years;

(seven) because the commercial performance contains prohibited content, the commercial performance license has been revoked and it has been identified as a subject of serious dishonesty, and it is not allowed to engage in commercial performances or intermediary, agency and disciplinary activities for commercial performances again;

(eight) due to the revocation or revocation of the entertainment business license and was identified as a serious breach of trust, its legal representative and principal responsible person shall not serve as the legal representative and responsible person of the entertainment venue within 5 years;

(9) The legal representative or principal responsible person of the person who is deemed as the subject of serious dishonesty due to the revocation of the business license of network culture shall not be the legal representative or principal responsible person of the business unit of the Internet service place within five years;

(ten) other management measures stipulated by laws, administrative regulations and the policy documents of the CPC Central Committee and the State Council.

Nineteenth cultural and tourism authorities to implement the following management measures for the main body of serious dishonesty in the tourism market:

(1) Appropriately increase the proportion and frequency of spot checks and include them in key supervision targets;

(two) to provide information about dishonesty to the relevant departments for their reference in related administrative management, public service, evaluation and other activities;

(3) Providing untrustworthy information to various market entities for their reference in market activities;

(4) If a travel agency is deemed as the subject of serious dishonesty due to the revocation of its business license, its principal responsible person shall not be the principal responsible person of any travel agency within 5 years;

(5) If a tour guide or tour leader is deemed as a subject of serious dishonesty due to the revocation of the tour guide card, and the relevant management personnel of the travel agency are deemed as a subject of serious dishonesty due to the revocation of the business license of the travel agency, they shall not reapply for the tour guide card or engage in the travel agency business within 3 years from the date of punishment;

(6) If a travel agency is fined for violating the legitimate rights and interests of tourists and is deemed as a subject of serious dishonesty, it shall not apply for outbound tourism business within 2 years from the date of punishment;

(seven) other management measures stipulated by laws, administrative regulations and the policy documents of the CPC Central Committee and the State Council.

Twentieth cultural and tourism authorities to implement the following management measures for minor untrustworthy subjects:

(a) according to the laws, administrative regulations and the policy documents of the CPC Central Committee and the State Council, as a reference factor for reviewing administrative licenses, qualifications and other qualifications;

(2) Strengthen daily supervision and increase the proportion and frequency of spot checks;

(three) to provide information about dishonesty to the relevant departments for their reference in related administrative management, public service and other activities;

(four) focus on the assessment of administrative awards and titles;

(five) other management measures stipulated by laws, administrative regulations and the policy documents of the CPC Central Committee and the State Council.

Article 21 The time limit for implementing credit management measures for serious untrustworthy subjects is 3 years, and the time limit for implementing credit management measures for minor untrustworthy subjects is 1 year.

Where laws and regulations provide otherwise, such provisions shall prevail.

Chapter V Credit Information Disclosure and * * *

Twenty-second cultural and tourism market credit information disclosure and sharing should adhere to the principles of legality, necessity and safety, to prevent information leakage, and shall not infringe on business secrets and personal privacy.

Article 23 The information of the subject of dishonesty shall be made public through the credit management system of the national culture and tourism market and other channels in accordance with the principle of "whoever recognizes it will make it public".

Where laws and regulations provide otherwise, such provisions shall prevail.

Article 24 The Credit Management Department of the Ministry of Culture and Tourism shall establish and improve the inquiry, application and feedback mechanism of credit information, promote the sharing of credit information with other relevant departments, and implement joint credit rewards and punishments.

The relevant functional departments of the competent departments of culture and tourism at all levels and the comprehensive law enforcement agencies of the cultural market shall share law enforcement information and other relevant credit information with the credit management departments of culture and tourism at the same level in a timely manner.

Twenty-fifth citizens, legal persons and other organizations have the right to inquire about their credit information. The competent department of culture and tourism shall provide convenience for inquiry according to laws and regulations.

If the identification department or the credit information collection management department finds that the credit information is wrong, it shall take the initiative to correct it in time.

Citizens, legal persons and other organizations have the right to apply to the identification department for correction of relevant information when they think that their credit information is wrong. The appraisal department shall, within 5 working days from the date of receiving the written application for correction submitted by the real name, make a decision on whether to correct it.

Chapter VI Credit Repair

Twenty-sixth meet the following conditions, the appraisal department shall take the initiative to carry out credit repair:

(1) The time limit for implementing credit management measures expires;

(two) the basis for the identification of the subject of dishonesty has been revoked or changed, which does not meet the criteria for the identification of the subject of dishonesty;

(three) due to policy changes or amendments to laws and regulations, it is no longer suitable to be identified as the subject of dishonesty;

(four) other circumstances that should be actively repaired.

Credit restoration should be carried out through the national cultural and tourism market credit management system.

Twenty-seventh cultural and tourism market untrustworthy subjects actively carry out compliance rectification, correct dishonesty, eliminate adverse effects, receive credit repair training, and make credit commitments, they can apply to the identification department for credit repair, and follow the following procedures:

(1) application. Relevant market entities and employees can apply for credit repair to the identification department, explain the facts and reasons, and submit credit repair applications, training records, and correction of dishonesty and other related materials.

(2) acceptance. After receiving the application, the Registration Department shall accept it within 10 working days. Do not meet the conditions will not be accepted and explain the reasons.

(3) verification. The appraisal department shall conduct online, written and on-site inspection and verification within 10 working days from the date of acceptance. When necessary, you can organize interviews or guidance.

(4) decision. The identification department shall make a decision on whether to grant credit repair within 5 working days from the date of completing the verification, and shall explain the reasons for not granting credit repair.

(5) repair. The identification department shall, within 5 working days from the date of making the decision to grant credit repair, lift the relevant management measures for the untrustworthy subject.

Twenty-eighth in any of the following circumstances, no credit repair:

(1) It has been identified as a serious subject of dishonesty for less than 6 months, and it has been identified as a minor subject of dishonesty for less than 3 months;

(two) due to violation of relevant laws and regulations, the industry access period is restricted or prohibited according to law;

(3) Less than 1 year since the last credit repair;