Provisions concerning Prohibiting the Acceptance of “Kickbacks” in the Supply Work of Imported Books, Newspapers and Periodicals

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23 May 1990, Central Propaganda Department, Administration of Press and Publications, Ministry of Finance, State Administration of Taxation

Since some time, the method of receiving kickbacks for the supply work of imported books, newspapers and periodicals has emerged. Some importing work units have paid a part of the business volume of imported books, newspapers and periodicals as “labour fees”, “consulting fees” or under other names to ordering work units or individuals as “remuneration”; some have adopted “red envelopes”, material and other methods to secretly give cash or goods to relevant work units and individuals, up to the point where some purchasing work units have developed into openly demanding “kickbacks: from supply work units of imported books, newspapers and periodicals, whoever gives the highest kickback, is the person whose goods are ordered. Under that sort of harmful influence, some work units who persist in regular business have also been forced to give their customers “kickbacks”, resulting in chaos having emerged to some extent in book, newspaper and periodical supply work. 

Giving and receiving “kickbacks” in supply work of imported books, newspapers and periodicals is a grave unhealthy tendency in the sector, it not only corrupts cadres and staff teams, damages the atmosphere in the book sector, and hampers the healthy development of book, newspaper and periodical import supply work, but it also violates financial law and discipline, and must be firmly prevented. To this end, the following provisions are hereby made:

I, In the supply work of imported books, newspapers and periodicals, no importing work unit or individual may under any name or method give “kickbacks” to any book purchasing work unit or individuals (including cash or goods); no work unit or individual may demand or receive “kickbacks” under any name or method, otherwise, it will be strictly punished as offering and accepting bribes. All purchasing work units that reward relevant professional personnel, shall handle this according to presently-provided State rules on rewards.

II, In the supply work of imported books, newspapers and periodicals, if preferential treatment given to purchasing work units, only the method of adjusting a discount on books, newspapers and periodicals can be adopted (being sale at reduced profit), both sides must truthfully enter this into books and may not pay in cash or material methods, otherwise, it shall be punished as a grave violation of financial discipline.

III, All book, newspaper and periodical importing work units must strengthen financial management, strictly implement relevant State laws and regulations, financial discipline and financial affairs matters. They may not conceal or withhold profits, or evade taxes; they may not impinge on or messily account for costs, write matters inside the budget outside of the budget; they may not  indiscriminately issue bonuses, goods or subsidies, broaden the payment scope without authorization, raise payment standards, etc., in case of violations, matters will be handled according to the relevant provisions of the State Council “Provisional Regulations concerning Punishing Violations of Financial Laws and Regulations” and the Ministry of Finance and Accounting Administration “Implementation Rules of the Provisional Regulations concerning Punishing Violations of Financial Laws and Regulations”.

IV, Finance, press and publications, accounting, taxation and other departments conduct supervision and inspection over book, newspaper and periodical import work units on the basis of their scope of power.

V, After these Provisions are transmitted, all book, newspaper and periodical import work units’ controlling departments must conduct a one-time clean-up and examination of their subordinate book, newspaper and periodical import work unit, if the above problems exist, they shall be strictly dealt with according to the above provisions. The result of clean-up and inspection shall be reported to the Administration of Press and Publications before the end of June 1990.

关于禁止在进口书报刊的供应工作中授受“回扣”的规定

1990年5月23日,中宣部、新闻出版署、财政部、国家税务局

一个时期以来,在进口书报刊的供应工作中出现了授受“回扣”的做法。有的进口单位将进口书报刊的部分营业额以“劳务费”、“咨询费”等名义支付给订购单位或个人作为“报酬”;有的采取送“红包”、实物等手段,暗中将现金或实物送给有关单位和个人,以至有的订购单位竟发展到向进口书报刊的供应单位公开索取“回扣”,谁给的回扣高,就订谁的货。在这种不正之风的影响下,一些坚持正常经营的单位也被迫给订户“回扣”,致使进口书报刊的供应工作出现了一定程度的混乱。
在进口书报刊的供应工作中授受“回扣”,是一种严重的行业不正之风,不但腐蚀干部和职工队伍,损坏书业风气,妨碍书报刊进口和供应工作的健康发展,而且违反财经法纪,必须坚决加以制止。为此,特作如下规定:
一、在进口书报刊的供应工作中,任何进口单位和个人,均不得以任何名义或方式给购书单位或个人以“回扣”(包括现金、实物);任何单位或个人也不得以任何名义或方式索取或收受“回扣”,否则,按行贿受贿从严处理。各订购单位对有关业务人员进行奖励,应按国家现行规定的奖励办法办理。
二、在进口书报刊的供应工作中,若对订货单位给予优惠,只能采用调整书报刊折扣的办法(即让利销售),双方必须如实入帐,不得以现金或实物方式支付,否则,以违反财经纪律论处。
三、各书报刊进口单位要加强财务管理,严格执行国家有关法规,财经纪律、财政财务制度。不得隐瞒、截留利润,偷税漏税;不得挤占或乱列成本,划预算内为预算外;不得乱发奖金、实物、补贴,擅自扩大开支范围,提高开支标准等等,如有违反,按国务院《关于违反财政法规处罚的暂行规定》和财政部、审计署《关于违反财政法规处罚的暂行规定实施细则》有关规定处理。
四、财政、新闻出版、审计、税务等部门根据各自的职权范围,对各书报刊进口单位进行监督、检查。
五、本规定下达后,各书报刊进口单位的主管部门,要对所属的书报刊进口单位进行一次认真清理和检查,如存在上述问题,应按本规定作出严肃处理。清理、检查结果请于1990年6月底前上报新闻出版署。

One thought on “Provisions concerning Prohibiting the Acceptance of “Kickbacks” in the Supply Work of Imported Books, Newspapers and Periodicals

    Latest updates | China Copyright and Media said:
    February 9, 2013 at 10:39 am

    […] Provisions concerning Prohibiting the Acceptance of “Kickbacks” in the Supply Work of Imported B… (1990) […]

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