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Reply to the "Amendment to the Government Procurement Law" Proposal (Summary)

来源: 财政部打印October 9, 2017 10:51 Source: Ministry of Finance [ Print ]

As the supervision and management department of national government procurement, the Ministry of Finance attaches great importance to the construction of government procurement system. After the government procurement law was promulgated, the Ministry of Finance drafted and reported to the State Council the "Implementation Regulations of the People's Republic of China on Government Procurement Law (Draft for Review)" (hereinafter referred to as the "Regulations"). Regulations. At present, the "Regulations" are seeking opinions from relevant parties.
In view of the fact that the "Regulations" have not yet been issued, in order to enhance the operability of the Government Procurement Law, since the implementation of the Government Procurement Law, the Ministry of Finance has concentrated its efforts on the principle of priority and issued four ministerial orders to bid for government procurement of goods and services, and information, respectively. Provisions were made in the announcement, supplier complaint handling, and procurement agency qualification determination; together with the Ministry of Supervision, two measures were formulated, which respectively standardized the management of procurement review experts and the supervision and evaluation of centralized procurement agencies; combined with the actual situation of the central unit, the government procurement of the central unit was formulated. Management and implementation of required management methods. These rules and regulations are mainly to regulate the major issues involved in the government procurement reform, focusing on clarifying the operation mechanism of government procurement, the rights and obligations of the parties, and supervision and management. The problems of government procurement deposits, the definition of parties, and judicial remedies that you have reflected are stipulated in the above measures. At the same time, the Ministry of Finance has also drafted a series of measures, which intend to make provisions on government procurement non-tender procurement methods, government procurement management and implementation coordination mechanisms, and government procurement contract management.
Government procurement has a history of more than 200 years in western countries, and laws are relatively sound. However, the implementation of China's government procurement system is only a few years, and there is still a lot of work to do, especially the system construction. The government procurement reform involves many subjects, covers a wide area, and has many management links.It is a long-term task to establish and improve a set of laws and regulations with the government procurement law as the basic law. It is also a focus of the Ministry of Finance in the present and for a long time to come. jobs. According to the work arrangement, the Ministry of Finance should focus on two aspects of the legalization of government procurement. One is to cooperate with the State Council's Legal Affairs Office to amend the Regulations and introduce them as soon as possible; the other is to address the prominent issues in government procurement reform. We will continue to revise and formulate relevant systems and methods to regulate government procurement behaviors in terms of policy, operation, and technology, so that government procurement activities can be based on laws and rules.

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