Ministry of culture and Tourism: the regulations on credit management of culture and tourism market will come into force on January 1, 2022
2021-11-16
In order to standardize and strengthen the credit management of the culture and tourism market, protect the legitimate rights and interests of various market subjects, employees and consumers, maintain the order of the culture and tourism market and promote the high-quality development of the culture and tourism market, the Ministry of culture and tourism issued the provisions on the credit management of the culture and tourism market (hereinafter referred to as the provisions), which will come into force on January 1, 2022. The regulations focus on building a new regulatory mechanism that runs through the whole life cycle of market subjects and takes over the whole regulatory link before, during and after the event. It has 9 chapters and 37 articles, and defines the identification and management system of dishonest subjects in the cultural and tourism market, the collection, disclosure and sharing system of credit information, the credit repair system, the credit evaluation system, the credit commitment system and the right protection system, Adhere to the principles of administration according to law, reasonable connection, protection of rights and interests, prudence and moderation, ensure that reward and punishment measures are equivalent to trustworthy and dishonest behaviors, become the basis and basis of credit management in the cultural and tourism market, and mark the new stage of legalization and standardization of credit management in the cultural and tourism market. The regulations point out that the dishonest subjects in the cultural and tourism market are divided into serious dishonest subjects and slight dishonest subjects. Cultural market subjects and employees who are under any of the following circumstances shall be identified as subjects of serious dishonesty: those who obtain licenses and approval documents by unfair means such as deception, intentional concealment, forgery or alteration of materials, or forge or alter licenses and approval documents; Providing contents prohibited by laws, administrative regulations and rules, resulting in serious consequences; Being subject to the administrative penalty of revocation of license by the competent department of culture and tourism; Engaging in cultural market business activities such as commercial performances, entertainment places and Internet services without authorization, especially causing major accidents or adverse social impact; Other circumstances that should be identified as serious dishonest subjects. The main body of the tourism market and employees who are under any of the following circumstances shall be identified as the main body of serious dishonesty: those who obtain licenses and approval documents by unfair means such as cheating, deliberately hiding, forging or altering materials, or forge or alter licenses and approval documents; Major safety accidents are the main responsibility of the main body of the tourism market; Causing tourist detention or serious adverse social impact due to infringement on the legitimate rights and interests of tourists; Being subjected to the administrative penalty of revocation of the business license of a travel agency or the tour guide license by the competent department of culture and tourism; Engaging in business activities in the tourism market without permission, especially causing major accidents or adverse social impact; Other circumstances that should be identified as serious dishonest subjects. The regulations require that the competent cultural and tourism authorities implement the following management measures for the subjects who seriously break their promises in the cultural market, appropriately increase the proportion and frequency of random inspection, and include them in the key supervision objects; Provide dishonest information to relevant departments for reference in relevant administrative management, public services, excellence evaluation and other activities; Provide dishonest information to various market entities for inquiry for their reference in market activities; If a person is identified as a serious dishonest subject due to engaging in the business activities of entertainment places without authorization, the investor and the person in charge shall not invest in the establishment of entertainment places or serve as the legal representative and person in charge of entertainment places for life; If an entity is identified as a serious dishonest entity due to the establishment of an Internet service business place without authorization, its legal representative or main person in charge shall not serve as the legal representative or main person in charge of the Internet service business place within 5 years; If a party is identified as a serious dishonest subject due to the revocation of its business performance license, and the party is a unit, its legal representative and main person in charge shall not serve as the legal representative or main person in charge of an artistic performance group, a performance brokerage institution or a business unit of a performance venue within five years; If a commercial performance is identified as a subject of serious dishonesty due to the revocation of its commercial performance license because it contains prohibited contents, it shall not engage in commercial performance or intermediary, agency and discipline activities of commercial performance again; If the entertainment business license is revoked or revoked and is identified as a subject of serious dishonesty, its legal representative and main person in charge shall not serve as the legal representative and person in charge of the entertainment place within 5 years; If it is identified as a subject of serious dishonesty due to the revocation of the network culture business license, its legal representative or main person in charge shall not serve as the legal representative or main person in charge of the business unit of the Internet service business place within 5 years; Other management measures stipulated in laws, administrative regulations and policy documents of the Party Central Committee and the State Council. (outlook new era)
Edit：Yuanqi Tang Responsible editor：Xiao Yu
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