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Reply to the Proposal on "Government Purchase of Public Services by Non-Profit Social Organizations" (Summary)

来源: 财政部打印October 9, 2017 10:59 Source: Ministry of Finance [ Print ]

   The government's purchase of public services is an important measure to deepen the reform of the administrative management system, transform government functions, and enhance the government's public service capabilities. The development of non-profit organizations has a positive effect on increasing the rate of social employment, improving the public service system, and promoting social harmony. It should be supported through government procurement. The Government Procurement Law of the People's Republic of China (hereinafter referred to as the "Government Procurement Law") clearly stipulates that state organs, institutions and organizations at all levels use financial funds to purchase goods, projects and items within the centralized procurement catalog or above the procurement quota. Services must be government procurement. It also stipulates that government procurement shall purchase domestic goods, engineering and services. Your proposal proposes a series of constructive opinions on the government's purchase of public services of non-profit organizations in terms of improving laws and regulations, strengthening supervision mechanisms, and implementation steps, which is in line with the spirit of the Government Procurement Law.

Government procurement is an important means of public financial management, and it has a regulating and guiding role on the market. Over the years, the Ministry of Finance has attached great importance to the use of government procurement methods to promote government procurement of public services and has done a lot of work. At the policy formulation level, on the one hand, the Ministry of Finance further detailed the procedures and requirements for the procurement of public services through tendering in accordance with the "Government Procurement Law", and successively formulated and promulgated the "Administrative Measures for Tendering and Bidding of Government Procurement of Goods and Services" Decree No. 18), "Notice of the Ministry of Finance on Strengthening the Management of Price Evaluation of Government Procured Goods and Services Items" (Caiku [2007] No. 2) and other management measures; on the other hand, in order to reduce the cost of government procurement of public services, give full play to The scale benefits of government procurement, financial departments at all levels vigorously promoted the maintenance of automobiles, automobile insurance, automobile refueling, printing, conference services, engineering supervision, office property, development and maintenance of information management systems, urban greening, exhibition design and accounting, Service items such as cost and employment of intermediary agencies for asset evaluation are included in government procurement. After several years of efforts, the legal system and supervision and guarantee mechanism for the government to purchase public services have basically formed. In 2009, the scale of government procurement of services nationwide was 54.42 billion yuan, accounting for 7.3% of the total government procurement of 741.32 billion yuan, an increase of 20% over 2008.

In recent years, the Ministry of Finance and relevant departments of the central government have worked closely together to continuously increase the research and implementation of government procurement policies at all levels. In 2009, the Ministry of Finance, the National Development and Reform Commission, the Ministry of Commerce and other 9 ministries and commissions jointly issued the "Guiding Opinions on Encouraging the Government and Enterprises to Outsource Contracts to Promote the Development of China's Service Outsourcing Industry" (Caiqi [2009] No. 200). Information technology consulting, operation and maintenance, software development and deployment, testing, data processing, system integration, training and leasing, etc. do not involve secret outsourced businesses, which have put forward clear procurement requirements.

Regarding your proposal to put non-profit organizations in government procurement on the agenda, we believe that according to the provisions of Article 21 of the Government Procurement Law, as long as legal persons, other organizations and natural persons who have the conditions specified in Article 22 of the Government Procurement Law, Can participate in government procurement activities. Accordingly, there are no legal obstacles for non-profit organizations to participate in government procurement activities. In addition, from the perspective of government procurement practices across the country, some non-profit organizations currently provide public services on behalf of the government in the areas of community services and skills training for migrant workers through government procurement.

At present, the Ministry of Finance is carrying out the research on "improving government procurement and promoting government service outsourcing". In the next step, we will fully absorb your suggestions. On the one hand, we will increase the publicity of government procurement policies and regulations to attract more non-profit organizations to participate in government procurement activities; on the other hand, formulate government procurement policies for government procurement of public services as soon as possible. Encourage and support various government departments to continuously expand the scope of outsourcing, clarify preferential policies for non-profit organizations, and actively work with relevant departments to seriously study measures to accelerate the process of government purchase of services, thereby promoting the healthy development of non-profit organizations.

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