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State Office: Chinese government procurement treats domestic and foreign companies equally

来源: Source: 09:59, October 31, 2019 】 【 Print

The State Council Information Office held a regular briefing on State Council policies at 3:00 pm on October 29, 2019 (Tuesday). Wang Shouwen, Deputy Minister of Commerce and Deputy Representative of International Trade Negotiations, and relevant officials from the Ministry of Finance and the State Intellectual Property Office were invited to introduce further work. Make good use of foreign investment related policies and measures, and answer questions from reporters.
When talking about the current government procurement law's requirements on foreign participation in government procurement, and how foreign companies can protect their rights and interests when receiving unequal treatment in government procurement activities. Wang Shaoshuang, deputy director of the Treasury Payment Center of the State Treasury Department of the Ministry of Finance, said that the State Council's Opinions on Further Improving the Utilization of Foreign Capitals stipulates provisions for ensuring the equal participation of foreign-funded enterprises in government procurement in accordance with the law, and requires all regions and departments to publish, supply In terms of determining business conditions and evaluation criteria, it is not allowed to discriminate against foreign-funded enterprises, and it is not allowed to limit the ownership form, organizational form, shareholding structure or investor country of the supplier, and the product or service brand.
In terms of government procurement policies, in order to ensure the equal participation of foreign-funded enterprises in government procurement, the Foreign Investment Law to be implemented on January 1, 2020 clearly stipulates that the state guarantees that foreign-invested enterprises participate in government procurement activities through fair competition in accordance with the law. Government procurement treats products and services provided by foreign-invested enterprises in China in accordance with law.
With regard to the release of government procurement information, ensure that suppliers have access to government procurement information in an accessible and fair manner. The "Government Procurement Law" stipulates that government procurement information at all levels of government is uniformly released through the media designated by the Ministry of Finance. The transparency of Chinese government procurement is very high, and suppliers have always been free to obtain all kinds of public procurement information released publicly.
In July of this year, in order to build a unified, open, competitive and orderly government procurement market, the Ministry of Finance also issued the “Notice on Promoting Fair Competition in Government Procurement and Optimizing the Business Environment”, which clearly requires all regions and departments to comprehensively clean up the government procurement field. Regulations and practices that impede fair competition and further optimize the business environment for government procurement.
Wang Shaoshuang also mentioned that the "Government Procurement Law" stipulates that any unit and individual has the right to sue and report illegal acts in government procurement activities, and relevant departments and agencies should deal with them in a timely manner in accordance with their respective duties. Complaints are an effective way for suppliers to protect their rights and interests. When foreign-funded enterprises participate in government procurement activities, if they believe they have been treated unfairly, they can raise questions and complaints in accordance with the law. When a foreign-funded enterprise that has not participated in government procurement discovers unfair behavior in government procurement, it may also report it to the Ministry of Finance to jointly maintain a fair market environment.