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Several Difficult Questions about Illegal Reception

2024-08-12

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1
How to check whether official reception is in violation of regulations?

Mainly look at the following four aspects:
First, check whether the reason for the reception is in compliance with regulations, including whether there is an official letter, whether it is a business activity, whether it is a reception for people in the same city, and whether the principle of "approval first, reception later" is strictly implemented.
Second, check whether the number of guests exceeds the limit. If the number of guests for official reception is less than 10, the number of accompanying guests shall not exceed 3; if the number of guests for official reception exceeds 10, the number of accompanying guests shall not exceed one third of the number of guests.
Third, check whether the reception standard exceeds the standard. Working meals should provide home-cooked dishes. High-end dishes such as shark fins and bird's nests and dishes made from wild protected animals should not be provided. Cigarettes and high-end alcoholic beverages should not be provided. Private clubs and high-consumption dining places should not be used. Local governments formulate local official reception standards in accordance with the spirit of the central government and in light of actual conditions. For example, a certain city stipulates the standard for domestic official reception working meals: each person per meal shall not exceed 150 yuan, and the meal standard includes food and staple food, but does not include beverages (the cost of beverages is controlled within one-fourth of the meal standard). It should be noted that beverage expenses that have not actually occurred shall not be used to increase the food standard in disguise. Official receptions should adhere to the principle of diligence and thrift, arrange meals reasonably, and reimburse according to actual expenses within the limit. They shall not be broken down into small pieces and reimbursed for multiple receptions.

Fourth, check whether gifts or cash gifts are given. Domestic official receptions are not allowed to give cash gifts, securities, souvenirs, local specialties, etc. under any name.

2
In the reception of investment promotion,What are the reception requirements that need special attention?
The reception of investment promotion is regulated by local governments in light of their own actual conditions. For example, in accordance with the "Management Measures for Regulating the Reception of Investment Promotion" formulated by a certain province, the following contents can be focused on in practice:
1. The reception of investment promotion strictly follows the principles of "official letter connection", "approval before reception" and "no reception without official letter". The official letter mainly includes: letters from merchants (including e-mails and telephone records), invitation letters for investment promotion, and investment promotion reception notices from higher authorities.
2. The reception expenses for attracting investment include banquet expenses, working meal expenses, transportation expenses and necessary souvenir expenses, and the accommodation expenses are borne by the merchants themselves.
3. The number of people attending simple meals must be strictly controlled, and no irrelevant personnel will be allowed.
4. Souvenirs can be given to overseas merchants in accordance with the principle of etiquette reciprocity (the same merchant group can only be given once), but in principle the recipient is only the head of the overseas merchant group. If it is necessary to expand the gift to other members of the group, it must be approved by the relevant person in charge of the unit.
5. Reimbursement vouchers should include official letters, reception approval forms, reception lists, expense settlement details (including banquet menus), invoices, etc.; if souvenirs are given as gifts, a list of recipients must be attached; if business card settlement is involved, the business card swipe receipt and its copy must be attached.
6. Reimbursement will not be allowed if the reimbursement vouchers are incomplete or the contents are inconsistent. Multiple orders cannot be reimbursed together, and large orders cannot be reimbursed in small amounts.
7. Places where conditions permit should use bank transfer or official card settlement, and cash payment is not allowed.
3
For business receptions in state-owned enterprises, what are the reception requirements that need special attention?
According to the spirit of the State-owned Assets Supervision and Administration Commission of the State Council's "Regulations on Business Entertainment Management of State-owned Enterprises" and other documents, in practice, we can focus on the following:
1. In principle, business banquets should be arranged in state-owned enterprises or designated restaurants and hotels, and should not be arranged in private clubs or high-end entertainment, leisure, fitness, health care and other high-consumption places.

2. Business banquets shall not provide dishes made from wild protected animals, nor shall they provide high-end dishes such as shark fins, bird's nests, and high-end liquors.

3. If a banquet list is not provided, the expenses will not be reimbursed.

4. A souvenir management system should be established, and a souvenir list management system should be implemented to truthfully reflect the recipients of souvenirs. Souvenirs should be given sparingly and simply, with the main content of promoting the corporate image, displaying corporate culture or reflecting regional culture. It is strictly prohibited to give cash, shopping cards, membership cards, commercial prepaid cards, various securities, payment vouchers, valuables, and precious local specialties.

5. Business entertainment activities within state-owned enterprises should be conducted in accordance with the principles of distinguishing between internal and external affairs and simplicity and frugality, and business banquets are not allowed.

6. Business entertainment expenses must not be falsely listed or concealed in the name of conference, training, research and other expenses.

7. Any violation of regulations in increasing the content of business reception activities, arbitrarily raising the reception expense standards, falsely reporting the number of visitors and the number of days to obtain reception funds, using false invoices to reimburse reception expenses, reimbursing private reception expenses and personal reception expenses, levying or passing on reception expenses to invested enterprises, and other violations of the business reception regulations of state-owned enterprises should be dealt with seriously, and the relevant personnel should be held accountable.

Source: China Fangzheng Publishing House WeChat Official Account

Editor: Li Dujuan

Proofreading: Jiang Yang

Reviewer: Xia Xiangzhou

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