interpretation of the guangzhou municipal government and business interaction behavior guidelines·gift donations丨gifts should be given in moderation and what gifts should not be accepted
2024-09-03
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in daily interpersonal communication, "reciprocity", including exchanging small gifts, is an important form of traditional interpersonal communication in my country. however, for public officials, when dealing with enterprises, they should have a yardstick and never cross the "red line".
which gifts given by enterprises can be accepted and which cannot be accepted? what are the rules for returning gifts? in this regard, the "guidelines and q&a on certain scenarios of government-business relations in guangzhou (first batch)" (hereinafter referred to as the "guidelines") has a special chapter on the theme of "gift donations" to provide detailed guidance, draw a "red line" for the mutual gift-giving behavior involved in public officials serving enterprises, and define the boundaries of "allowance" and "unallowance".
●things that can be carried out
1. party and government officials who participate in activities held by enterprises, chambers of commerce, and industry associations may accept obviously inexpensive corporate promotional materials and cultural and creative products;
2. state-owned enterprises may present souvenirs for business receptions, but in principle, the value per person shall not exceed rmb 600 per gift. the types of gifts shall mainly promote the corporate image, display corporate culture or reflect regional culture;
3. educational, medical, and scientific research institutions can accept financial and material support from enterprises, individuals, or the government by establishing foundations, etc. foundations can use the funds to reward units and individuals who have made outstanding contributions to teaching and scientific research, medical development, scientific and technological innovation, and talent training in accordance with the provisions of the charter and the principles and scope of the donation and assistance agreement, but they cannot be used to pay daily allowances and subsidies;
4. party and government agencies generally do not give gifts. if souvenirs are really needed in special circumstances such as attracting investment, they can be given souvenirs with guangzhou characteristics and representing the city culture to enterprises in the name of the unit with approval. the giving of souvenirs in foreign affairs activities shall be handled in accordance with relevant foreign affairs regulations;
5. gifts that cannot be refused for various reasons must be registered and handed in. items that are of small value, inconvenient to return, and difficult to store can be handled in an appropriate manner after completing the reporting procedure and obtaining approval.
●prohibited matters
1. not accepting gifts, cash gifts, consumer cards (vouchers), securities, equity, other financial products and other property that may affect the impartial performance of official duties;
2. do not accept other property that is obviously beyond normal gift-giving and receiving;
3. you are not allowed to ask for any gifts, cash gifts or other property from the company.
case q&a
basic situation: in order to promote the construction of artificial intelligence industry projects, the municipal state-owned assets supervision and administration commission and a municipal state-owned enterprise staff went to other places to participate in the artificial intelligence industry development conference. at the previous exhibition promotion meeting, the organizer presented the participants with promotional products such as calendars and notebooks with conference logos. during the negotiation process, an artificial intelligence company presented its smart electronic products to the municipal state-owned assets supervision and administration commission and municipal state-owned enterprise staff. as a return gift and thank you, the municipal state-owned enterprises participating in the conference purchased and produced an industrial park model with a unit price of about 500 yuan after approval, and presented it to the municipal state-owned assets supervision and administration commission and other participating enterprise staff.
disciplinary officers said: public officials should not accept gifts of high market value that may affect the impartial performance of official duties when participating in relevant business-related activities.
1. can the staff of the municipal state-owned assets supervision and administration commission and municipal state-owned enterprises accept promotional products given by the organizer? when public officials participate in public activities involving enterprises, they should handle gifts given by enterprises, chambers of commerce, and industry associations in accordance with regulations on the basis of respecting business practices. non-valuable promotional materials and cultural and creative products given by enterprises can be accepted and reasonably disposed of. in the case, the gifts such as calendars and notebooks given by foreign-funded enterprises have a low market value and can be disposed of by the staff themselves.
2. can the staff of the municipal sasac and municipal state-owned enterprises accept electronic products presented by enterprises? when participating in relevant enterprise-related activities, public officials shall not accept gifts with high market value that may affect the impartial performance of official duties. in the case, the electronic products produced by an artificial intelligence enterprise are valuable items regardless of whether they refer to relevant regulations or based on general social cognition. at the same time, the municipal sasac and municipal state-owned enterprises are negotiating with the artificial intelligence enterprise on specific projects. accepting such gifts from enterprises may affect the impartial performance of official duties. relevant staff should refuse them. if it is really difficult to refuse, they should be registered and handed in in time.
3. did the city's state-owned enterprises violate regulations by giving models to the municipal sasac and other enterprises? according to article 13 of the state council's "regulations on business reception management of state-owned enterprises", if state-owned enterprises need to give souvenirs for business receptions, the standard of souvenirs shall not exceed 600 yuan per person in principle. in this case, the city's state-owned enterprises did not violate relevant regulations by giving a 500 yuan industrial park model to a foreign-funded enterprise after approval. however, the recipients of business reception gifts should be corporate customers, joint venture partners, economic and trade liaison inspection teams, etc. for business negotiations or business cooperation. the staff of the municipal sasac who ensure business activities do not fall within the scope of business reception gifts. at the same time, the city's state-owned enterprises are subject to the management and service of the municipal sasac. this behavior is suspected of receiving gifts in violation of regulations.
related basis
article 97 of the "regulations on disciplinary punishment of the communist party of china", article 33 of the "regulations on strict economy and opposition to waste in party and government organs", article 13 of the "regulations on business entertainment management of state-owned enterprises" of the state council, and the "regulations on the implementation of a registration system for gifts accepted by party and state organ staff in domestic interactions" and other regulations.
government and business people, experts and scholars discuss the "guidelines and q&a on behavior in certain scenarios of government-business interaction in guangzhou (first batch)"
standardizing the "measurement" of gift donations to make the business environment clean and refreshing
can i accept souvenirs when i attend corporate events? what should i do if i fail to refuse gifts in time? can i use public funds to buy souvenirs for companies? ... with the release of the "guidelines and q&a on certain scenarios of government-business interactions in guangzhou (first batch)" (hereinafter referred to as the "guidelines"), many doubts about gift donations will be answered in the future. in recent days, interviewed government and business people, experts and scholars have praised the "guidelines" as a veritable "tool book", which provides clear guidance and operating standards for various problems that are easily encountered in government-business interactions, and establishes a standardized "measurement", which is of far-reaching significance for the continuous optimization of guangzhou's business environment.
● yang zaigao, vice president and researcher of guangzhou academy of social sciences
the "guidelines" are targeted and highly operational, which helps to clearly grasp the boundaries of communication at work.
"the guidelines are highly targeted and operational. they systematically clarify many problems faced by public officials in actual scenarios of political and business interactions, such as unclear policy boundaries and vague understanding of discipline and law." yang zaigao said that in response to the opinions and problems reflected by the grassroots in political and business interactions, the guidelines focus on high-frequency behaviors in investment promotion and enterprise-related services, reception and dining, transportation, travel and accommodation, gift donations, and foreign exchanges. it not only explains and analyzes typical scenarios and case questions and answers of interaction behaviors, but also comprehensively presents "red line" reminders of interaction behaviors, positive and negative list guidance, and relevant basis. "this will help promote our city's public officials to better be close but moderate, clean but effective in political and business interactions, and effectively implement the construction of a new type of political and business relationship that is close, clean, and unified. at the same time, it will also help our city's public officials to stick to the 'bottom line' and not cross the 'red line' in actively serving enterprises and promoting high-quality development, thereby effectively protecting and encouraging the majority of party members and cadres to take responsibility and act."
yang zaigao believes that in the past, when party and government officials participated in activities held by enterprises, chambers of commerce, etc., they had unclear boundaries and vague understandings on whether they could accept or give gifts from enterprises. they either refused to accept even inexpensive corporate promotional materials and cultural and creative products, or accepted all gifts, cash gifts, consumption cards and other property. this led to the problems of clear but distant government-business relations, and close but exceeding the rules. enterprises had many opinions on this, and public officials were also at risk of corruption. "the newly issued "guidelines" effectively solved the above problems. regarding gift donations, the policy boundaries are very clear as to which souvenirs and gifts given by enterprises can and cannot be accepted, and the analysis of disciplinary and legal requirements is very clear. this provides a targeted answer to the confusion of public officials on whether they can accept or give souvenirs and gifts when they actively participate in activities involving and helping enterprises." the "guidelines" help us to clearly grasp the boundaries of interactions and regulate our own behavior in our work, so as to better achieve closeness without exceeding the rules, closeness without being distant, and closeness without being clear in government-business interactions, and better demonstrate our integrity and responsibility in helping enterprises.
●fu liang, deputy director of the non-public economy division of the united front work department of the guangzhou municipal party committee
encourage public officials to boldly engage in legal and compliant interactions with businesses
helps to continuously optimize guangzhou's business environment
"the release of the "guidelines" will help party and government officials to maintain a close and clean relationship between government and business, while maintaining integrity and self-discipline when participating in various activities, ensuring that their behavior is legal and in compliance with regulations, and avoiding conflicts of interest and improper government-business relations." fu liang said that the "guidelines" encourage government officials to boldly interact with enterprises in a legal and compliant manner, which is of great significance for continuously optimizing guangzhou's business environment. it sets a benchmark for building a new type of relationship of integrity, honesty, cooperation and win-win results, and establishes a standardized "yardstick".
fu liang introduced the example of the guidelines regulating "gift donations" and said, "the significance is mainly reflected in three aspects: first, regulating behavior. by clarifying the behavioral guidelines, it provides clear guidance and operating standards for gift donations in government-business interactions, which helps to avoid the arbitrariness of donations and greatly reduces the occurrence of irregular behaviors. second, it improves transparency. the "red line" reminders, case questions and answers, and the provision of relevant evidence in the guidelines enhance the transparency of the policy, analyze the risk issues that have existed in the past, so that relevant personnel can better understand and grasp them, and further improve the consciousness of compliance with regulations. third, it prevents risks. the positive and negative lists in the guidelines help us identify which gift donations are acceptable and which should be avoided. it is a standardized code of conduct "navigation map" that further regulates gift donation behavior, thereby effectively preventing and resolving potential corruption risks, maintaining the image and credibility of public officials, and ensuring that government-business interactions are "close but not excessive, clean but effective but not distant."
fu liang believes that if there are no clear normative guidelines on the issue of gift donations, it will not only affect the healthy development of government-business relations, but may also breed corruption and undermine social customs. "some businessmen will give gifts of excessive value in order to gain benefits or show goodwill, which goes beyond the scope of corporate culture promotion and commemorative significance and may affect fairness and justice. moreover, the exchanges between government and business are prone to use gift donations as a channel to generate illegal problems such as interest transfer and abuse of power for personal gain, which not only damages the image of public officials, but may even touch the legal 'red line'." after the release of the "guidelines", these potential risks were addressed in a targeted manner. for example, the "guidelines" set an upper limit on the value of gifts to prevent excessively valuable gifts from leading to interest transfer or corruption. at the same time, the "guidelines" stipulate the types of gifts that cannot be accepted, clarify the transparency of gift donations, and facilitate effective supervision. in addition, the "guidelines" also clearly define some gray areas in government-business interactions, set a "red line" for public officials in government-business interactions, and help maintain the legitimate relationship between the two sides.
"it is worth mentioning that the guidelines focus on the issue of gift donations and quantify and regulate the behavior of government-business interactions in a very detailed and concrete manner," said fu liang. "for example, the guidelines' clear provisions on the value of gifts can help quantify and evaluate whether gifts exceed a reasonable range in daily work interactions. it is an important basis for judging whether there are violations, and it can be done by having rules to follow and evidence to rely on. the guidelines also clearly stipulate the types of gifts that are not accepted, which has an important warning effect on public officials to avoid risks. in addition, the guidelines' provisions on the gift donation procedure provide relevant provisions for reporting, registration and handling of gifts that are not rejected in a timely manner, which helps to achieve standardized management." these detailed and quantitative provisions are of great significance for preventing corruption, safeguarding the public interest, and continuously optimizing the business environment. they also provide important institutional support for building a close and clean government-business relationship under the rule of law.
● zhang junxin, legal director of guangzhou liby enterprise group co., ltd.
prevent and eliminate improper exchange of interests
improving the transparency of government-business interactions
"the release of the guidelines is of significant significance, especially the guidelines on gift donations, which provide clear guidance for public officials and enterprises." zhang junxin said that the guidelines clarify the specific behavioral norms for gift donations, covering three typical scenarios (gift delivery and receipt in corporate activities, purchase and gift of souvenirs with public funds, and handling of corporate donations). this provides a clear operational guide for the handling of gifts in political and business interactions, avoids conflicts of interest or corruption caused by blurred boundaries, and strengthens the legal basis and operational procedures for related behaviors. at the same time, the "red line" reminders and case questions and answers in the guidelines provide clear boundaries and handling procedures for actual operations. "for example, the guidelines stipulate that party and government agencies and their staff are not allowed to accept gifts, gift money, consumption cards and other property, and require that gifts that cannot be refused must be registered and handed in. this helps prevent and eliminate improper exchanges of interests and improves the discipline and standardization of public officials in political and business interactions."
in zhang junxin's view, "in the past, it was difficult to grasp the value of gifts and the recipients of donations in the process of political and business interactions." specifically, on the one hand, the value of gifts is unclear. our chinese nation has a traditional virtue of reciprocity. for this reason, when interacting with government officials, sometimes we want to give souvenirs, such as corporate promotional materials or products produced by the company itself, but it is difficult for companies to define which gifts meet the standards of normal reciprocity. in addition, the recipients of donations are unclear. it is relatively clear that companies can donate funds and materials to education, medical and scientific research institutions, but there are no clear regulations on whether companies can donate to government departments.
"after the release of the guidelines, the above problems were solved in a targeted manner." zhang junxin gave an example, "the guidelines clarified the acceptance standards for gifts and prevented high-value gifts from affecting official duties. in addition, the guidelines also made detailed provisions on the scope of use of donated funds to ensure the rational use of resources. these regulations not only improved the standardization and transparency of government-business interactions, but also strengthened the constraints on the behavior of public officials, which is conducive to building a clean and efficient government-business relationship."
text and photos/guangzhou daily new flower city reporter: zhang cheng correspondent sui jixuanguangzhou daily new flower city editor: ma junxian
