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Liu Zhuyu: Dare to practice and dare to take the responsibility to promote government procurement to a new level

来源: 中国政府采购网打印December 03, 2015 17:03 Source: China Government Procurement Network [ Print ]

Liu Zhuyu, Director, Treasury Department, Ministry of Finance

I. A brief review of government procurement in the past two years

Since the 2013 National Government Procurement Work Conference, financial departments at all levels have earnestly implemented the spirit of the Third and Fourth Plenary Sessions of the Eighteenth Central Committee of the Party and the deployment of government procurement work by the State Council, and have worked hard to build a results-oriented government procurement system that promotes The government-supervised model of government procurement has continuously improved the transparency of government procurement, and various efforts have achieved positive results.

(1) Significant progress has been made in the legal system of government procurement.

With the support of the Legislative Affairs Office of the State Council and with the efforts of all parties, the implementation regulations of the Government Procurement Law were officially promulgated and implemented earlier this year, which filled the gaps in government procurement administrative regulations and further improved China's government procurement system management system, which has a landmark significance. In order to effectively implement the regulations, the Ministry of Finance adheres to the system first and continuously strengthens the system construction. It has successively studied and promulgated management measures for government procurement non-tender procurement methods, government and social capital cooperation projects (PPP) government procurement management methods, and competitive negotiation procurement method management. Fifteen institutional measures, including the Interim Measures, have completed the revision of some departmental regulations and the drafting of supporting systems.

The significant progress made in the government procurement regulations and systems is not only reflected in the introduction of a series of systems and methods, but also the important change in the design concept of the government procurement system. The outstanding performance is to change the traditional thinking of designing the system around the standardized procurement process, and to restructure the system around the results-oriented. The principles of strengthening procurement requirements and results management, giving play to policy functions, and improving transparency, which are adhered to in the drafting of the implementation regulations of the Government Procurement Law, are based on the principles that are beneficial to the results of procurement. Both the government procurement non-tender procurement management method and the competitive negotiation procurement management method have followed the fair trade rules of “clear procurement requirements first, then competitive quotation”, and implemented multiple rounds of negotiations or negotiations with the review team and suppliers. A number of reform measures, such as broadening the source channels for suppliers and review experts, also reflected the requirements of results-oriented.

(2) The function system of government procurement policy has been continuously enriched.

The first is to improve the government's mandatory procurement and priority procurement systems. Implement the requirements of the State Council's Opinions on Accelerating the Development of Energy-Saving and Environmental Protection Industries, and continuously expand the scope of government procurement of energy-saving and environmentally-friendly products, and increase the proportion of energy-saving and environmentally-friendly products purchased.

The second is to solidly promote policies to support the development of SMEs. Various regions and departments earnestly implement the Ministry of Finance's policy to support the development of SMEs. By reserving procurement shares in the budget, giving price deductions during review, review benefits, and introducing credit guarantees, efforts are made to mobilize SMEs' enthusiasm for participating in government procurement . In 2014, the total procurement value awarded by government procurement contracts to small, medium and micro enterprises was 1.3 trillion yuan, accounting for 76.2% of the total procurement scale. Among them, the purchase amount awarded to small and micro enterprises was 0.6 trillion yuan, accounting for 45.7% of the total purchase amount awarded to small and micro enterprises.

The third is to formulate policies and measures to support prison enterprises. The Ministry of Justice and the Ministry of Justice jointly issued a policy document on government procurement to support the development of prison enterprises, and proposed specific support policies for prison enterprises to enjoy the promotion of SMEs in government procurement activities, as well as specific requirements for uniform and printing projects to reserve shares for prison enterprises.

The fourth is to focus on improving information security capabilities. Support the establishment of information product security review mechanisms, research and explore the use of procurement documents, procurement contracts, and other means to ensure that party and government departments, national-level important information systems, and key industry information systems must undergo information security review.

(3) The government procurement dispute handling and supervision and inspection continued to increase.

First, the handling of government procurement complaints has become increasingly standardized. In recent years, the cases of government procurement complaints have shown a complex, diverse and concentrated growth. In 2014, financial departments at all levels received 1,525 complaints from suppliers, an increase of 446 over 2013, of which 1,337 were accepted. Financial departments at all levels deal with complaints and reports in accordance with the law, effectively protecting the legitimate rights and interests of suppliers, and improving the credibility of government procurement law enforcement.

The second is to establish a normalized supervision and inspection work mechanism. After the administrative license of the government procurement social intermediary agency qualification certification was cancelled, the Ministry of Finance specifically produced and issued documents, changing the approval system to online registration, without setting any conditions and thresholds, and in accordance with the State Council ’s “strengthening supervision during and after event” requirements. A regular inspection mechanism for social intermediary agencies. In 2014, the Ministry of Finance organized the supervision and inspection of the practice of 42 social intermediary agencies in 7 provinces and cities, and 37 of them were administratively processed and 24 were imposed administrative penalties. This year, the central, provincial, municipal, and county-level financial departments coordinated to inspect 1,337 social intermediary agencies, and administratively imposed 1,083 administrative penalties on 188 of them.

The third is to strengthen the credit management of government procurement. Established a record list of government procurement serious violations of trustworthiness, and exposed the trustworthiness records of 60 procurement agencies and 362 suppliers; signed 21 ministries and commissions on the `` Cooperative Memorandum on Implementing Joint Disciplinary Measures against Parties in Major Tax Illegal Cases, Implement multi-sectoral joint punishment for tax violations and dishonesty.

(4) Various reforms and innovations in government procurement have steadily advanced.

The first is to vigorously promote government procurement services. Various regions and departments vigorously promoted the government's purchase of services, which led to the rapid growth of the scale of service procurement. In 2014, the proportion of service procurement in the national government procurement scale exceeded 10% for the first time, an increase of 26.1% over 2013, and 20 percentage points higher than the national procurement scale.

The second is to steadily promote government procurement of PPP projects. Drawing on international experience and combining with China's actual conditions, the Ministry of Finance has formulated interim measures for the management of government procurement of PPP projects and the management of competitive negotiation procurement methods, and standardized the selection of cooperative social capital for PPP projects.

The third is to regulate the construction of public resource trading platforms. In accordance with the division of labor requirements of the State Council, the Ministry of Finance participated in the top-level design of a unified public resource trading platform solution, and repeatedly studied with the relevant departments on the platform's reform direction, responsibility positioning, management system and operating mechanism. In 2014, the Ministry of Finance issued a notice in response to the problems found during the special inspection of procurement agencies, and put forward rectification requirements on the local government's public resource trading centers on government procurement violations and violations. In 2015, after the State Council's Work Plan for the Integration and Establishment of a Unified Public Resource Trading Platform was issued, the Ministry of Finance issued a notice to implement the plan in a timely manner, and integrated the government procurement resources, improved transaction rules, and improved institutional mechanisms in the construction of the public resource transaction platform And other issues were further clarified.

The fourth is to launch a batch of centralized procurement. All regions and departments earnestly implemented the "Regulations of Party and Government Organs on Implementing Economical Measures Against Waste," and actively promoted batch centralized procurement. In 2014, the scale of batch centralized procurement nationwide exceeded 200 billion yuan, accounting for 17.1% of the scale of centralized procurement. The central unit further promoted the bulk centralized procurement of 6 items such as desktop computers, and the savings were obvious. Desktop computers and portable computers were 15-25% lower than the market price, printers were 20-40% lower than the market price, and copy paper was lower than The market price is 20-30%.

(5) Breakthrough progress was made in the negotiations on opening the government procurement market.

First, China has entered a new level of bidding for joining the GPA. China submitted its 6th bid to the WTO in 2014. This bid improvement is unprecedented in scope and intensity: it has filled the gap in bidding by state-owned enterprises, added local entities, included all engineering projects, and many bidding areas such as threshold prices have been basically the same as the participants. After this improvement of bidding in China, qualitative changes have taken place, and a complete bidding list has been formed. The gap between bidding scope and participants has narrowed significantly. The WTO Secretariat and the participants have given a high degree of affirmation to China's 6th bid, and believe that this bid has made a comprehensive and substantial improvement on the 5th bid, and is getting closer and closer to the end.It is China's path to join the GPA An important milestone. Of course, participants from Europe and the United States also pointed out that there are still gaps in some areas and hope that China will further improve its bids.

Second, significant progress has been made in the negotiation of bilateral government procurement issues. In accordance with the established position on government procurement issues under the framework of the free trade zone, we successfully concluded negotiations on government procurement issues between China and South Korea (China-Korea) and China-Australia (China-Australia) Free Trade Zone. In the "Mainland, Hong Kong and Macao <Arrangements for Establishing Closer Economic Relations> Service Trade Agreement" negotiations, for the first time, the definition of government procurement was established in accordance with international practice, which established the basis for China's government procurement system reform and related negotiations. At present, we are actively conducting consultations on the definition of government procurement and overall exceptions in the negotiation of China-US and China-EU investment agreements.

The above achievements in government procurement are the result of the united efforts and joint efforts of financial departments, centralized procurement agencies and relevant departments at all levels, as well as the strong support of all sectors of society. While affirming our achievements, we must also soberly see that there are still many problems in government procurement, mainly manifested in inadequate institutional systems, inadequate supervision, inadequate policy functions, lagging in information construction, and poor market competition. Standards, low social evaluation, etc., all need to be worked out in the next step.

Second, several issues that need to be grasped for the next step of government procurement

At present, China's economy and society have entered a new stage of development. With the acceleration of the reform of the fiscal and taxation system and related reforms, the task of government procurement has become increasingly difficult. I would like to take this opportunity to make a few comments on several issues that everyone is concerned about.

(1) On strengthening and improving the supervision of government procurement.

The financial department is the government procurement supervision department. How to fulfill the legal duties is an important issue that we must consider. Judging from more than ten years of supervision practice, it is not enough to conduct supervision around the procurement process, and it is difficult to meet the new situation and task requirements. In particular, China's macroeconomic policies attach more importance to supply-side structural reforms, and strengthening and improving government procurement supervision must also follow this principle. In the next step, the financial departments at all levels should change their supervisory concepts. They must focus not only on procedural supervision, but also on system construction, as well as on ex-ante supervision and on ex-post supervision. The general requirement is to set rules around simplified administration and decentralization, and focus on supervision based on results. Specifically, we should work from six aspects:

The first is to focus on simplifying administration and decentralization. Putting the right in place, in addition to statutory responsibilities such as procurement mode approval, import product review, dispute handling, supervision and inspection, etc., the authority of social intermediary agency qualification certification, procurement plan approval and other legally cancelled powers must be put in place; review experts select The management authority such as agency selection that can be exercised by the competent budget unit and the purchaser is delegated to the competent budget unit and the purchaser in accordance with regulations, giving full play to the enthusiasm of all parties.

The second is to grasp service awareness. The design of the system should be based on the optimization of services, so that all parties can participate in government procurement activities efficiently and conveniently. The success of a system is not only conducive to the implementation of supervision by the supervisory department, but also to the execution of service targets. Only government procurement management with voluntary participation of government procurement parties is truly effective government procurement management, and only government procurement procedures that government procurement parties voluntarily follow are truly effective government procurement procedures. Financial departments at all levels should firmly establish a sense of service when designing the system, and make the convenience of the parties to purchase an important principle of system design. Only in this way can the vitality of the system be guaranteed.

The third is to focus on the establishment of systems and procurement standards. After more than ten years of efforts, the basic system of government procurement in our country has been formed, but there are defects in the system construction, and the construction of procurement standards is relatively lagging, affecting the effectiveness of various procurement work. In terms of system construction, management methods such as purchasers, suppliers, procurement agencies, electronic procurement, and supervision and inspection have not yet been formulated, and it is difficult to meet the needs of governing the country by law and administration by law. Regarding the construction of procurement standards, whether it is the procurement requirements standard or the procurement document standard, they are still blank at present, which leads to the difference in the procurement results of the same product between the central and local, local and local, which affects to a certain extent Social evaluation of government procurement. Financial departments at all levels should take system construction and procurement standard construction as the focus of the next step, and promote the construction of the government procurement system to a high level and achieve results.

The fourth is to grasp the five main responsibilities of the purchaser. Regulations on the implementation of the Government Procurement Law, regulations on party organizations and government agencies to implement strict conservation and anti-waste regulations, and regulations on government information disclosure clearly define the main responsibilities of purchasers in five aspects: procurement requirements formulation, compliance inspection, construction of internal control mechanisms, implementation of policy functions, and procurement information disclosure. Financial departments at all levels must continuously innovate supervision methods and supervision methods, increase supervision and accountability of purchasers, and ensure that purchasers are scientifically, honestly, and transparently procurement.

Fifth, grasp the evaluation of purchase results. Starting from the evaluation of procurement results and tracking back all procurement processes, we can see whether the purchaser has implemented five main responsibilities, which can reflect the professionalism of the procurement agency, and can also evaluate the performance of review experts and the integrity of the supplier. Degree, etc. The financial departments at all levels should take the evaluation of procurement results as the focus of supervision and the "bull nose" of government procurement supervision, accumulate experience through evaluation, and improve the system.

The sixth is to catch penalties for illegal acts. The purpose of supervision is not to punish, but if problems are found without punishment, supervision will lose its meaning. Strengthening the punishment of illegal acts and forming a warning effect is conducive to improving the enforcement of the system and maintaining the authority of the system. The financial departments at all levels must fully understand the important role of punishment, and through the punishment of violations of laws and regulations, create a clean and fair market environment for government procurement.

(2) On bringing into play the functions of government procurement policies.

Government procurement is an important and high-level management work covering all areas of the economy and society, and is an important way to regulate the economy and promote social development. Each of the five development concepts clearly identified during the "Thirteenth Five-Year Plan" period of the Fifth Plenary Session of the 18th Central Committee is closely related to government procurement. The "Thirteenth Five-Year Plan" proposes to improve the government procurement policy of giving priority to the use of innovative and green products. The next step is to follow the requirements of the "Thirteenth Five-Year Plan" to explore effective ways and forms of supporting economic and social development under the new normal, and strive to give full play to the regulatory role of government procurement to support economic and social development. Focus on the following aspects:

The first is to support innovation. Accelerate the overall deployment of the innovation-driven development strategy in accordance with deepening the reform of the scientific and technological system, encourage various types of innovation demonstration parks to try first, select key areas to conduct pilot work, and use means such as first purchase, ordering, non-tender procurement, and government procurement services to support innovative products Large-scale applications.

The second is green procurement. Establish government green procurement standards and systems covering environmental protection, energy conservation, water conservation, recycling, low carbon, and regeneration, expand the scope of government procurement green products, optimize product inventory management mechanisms, and continuously increase the scale of government green procurement.

The third is to support SMEs. Formulate and implement the government's preferential procurement policy for products and services of concentrated employment units for persons with disabilities; formulate a guideline for government procurement to reserve shares for SMEs; further implement the policy of reserving 30% of procurement quotas for SMEs; comprehensively implement government procurement credit guarantees for SMEs that have obtained government procurement contracts provide financing support.

The fourth is to support domestic industries. Formulate national product certification standards and management measures as soon as possible, and continue to strengthen inspection and control of imported products. Improve procurement rules. For those who are allowed to purchase imported products during procurement activities, qualified domestic products must not be restricted from participating in competition.

(3) Concerning the integration and establishment of a unified public resource trading platform.

The integration and establishment of a unified public resource trading platform is an important measure to fully implement the spirit of the Eighteenth National Congress of the Party and the Second, Third, and Fourth Plenary Sessions of the Eighteenth Central Committee. The integration and establishment of a unified public resource trading platform is both a challenge and an opportunity for government procurement. Challenges and opportunities come from the overwhelming mechanism formed by the reform, prompting us to speed up various work processes. In the next step, we will actively carry out related work in accordance with the requirements of the State Council's "Work Plan for the Integration and Establishment of a Unified Public Resource Trading Platform," which can neither be offside nor absent.

First, we must vigorously promote the integration of government procurement information resources. Provincial financial departments shall promote all government procurement projects to complete transactions online and achieve transaction information sharing with public resource trading platforms in accordance with the requirements of “no offline transactions and full openness on the Internet”; the province ’s review expert resources shall be integrated Establish a local government procurement review expert database to realize the interconnection and sharing of government procurement review experts and engineering bid evaluation expert resources and expert credit information.

Second, we must vigorously promote the integration of government procurement resources. Centralized procurement agencies with review sites must be well connected with the state ’s unified site facility standards and service standards, and if they fail to meet the relevant national requirements, they must transform existing sites. If the government procurement social intermediary agency can share transaction information with the government procurement management transaction system and meet regulatory requirements, the agency's government procurement projects can be traded in existing venues or entered into public resource transaction venues.

Third, we must guard against legal risks in the integration process. Finance departments at all levels must adhere to statutory duties and cannot do without authorization. They must perform regulatory duties such as policy formulation, complaint handling, supervision and inspection, and evaluation of expert management in accordance with the law, and continuously strengthen the awareness of the rule of law to prevent inaction and arbitrary actions The sued administrative legal risks. During the construction of the public resource trading platform, centralized procurement agencies that are established on demand should retain their independent non-profit legal person status and legal agency rights to ensure that centralized procurement agencies can independently carry out agency business in accordance with the law and can independently assume corresponding legal responsibilities in accordance with the law. . Areas where centralized procurement agencies are no longer set up independently may no longer have a centralized procurement catalog, or they may entrust centralized procurement projects to higher-level or other regional centralized procurement agencies or government procurement social intermediary agencies to act as agents for procurement.

Fourth, we must cooperate in clearing up early violations of laws and regulations. In response to the outstanding problems exposed in the previous pilot, the Ministry of Finance will guide and coordinate the provincial people's governments to do a good job of cleaning up and correcting in accordance with the requirements of the State Council's program and task division. Provincial financial departments should take the initiative to cooperate with relevant departments to do relevant work. The focus is to clean up and correct problems such as violations of government procurement laws and regulations on public resource trading rules, illegal management and agency functions of public resource trading platforms.

(4) On the construction of electronic government procurement.

In recent years, significant progress has been made in the central and local government procurement informationization work.The central government-level management and transaction system has basically been completed and business applications are gradually expanding.Some places have also started the construction of government procurement information systems as required, but government procurement Informatization construction is generally lagging behind. Judging from the requirements of the external environment and self-development of government procurement, the implementation of various reform measures such as innovation in government procurement supervision methods and the disclosure of full-process information urgently requires the support of information technology, the advancement of overall financial informatization, public resource trading platforms, and The construction of the social credit system also requires strengthening the sharing of government procurement information resources. The next step is to focus on the following tasks:

The first is to continue to advance the construction of an integrated management and transaction system. At the central level, it is necessary to further expand the breadth and depth of the trial operation of the government procurement management transaction system, accelerate the improvement of system functions, and cover the entire process of procurement budget, procurement plan, procurement execution, and procurement results. At the local level, in accordance with the relevant requirements of the "General Planning for the Construction of the National Government Procurement Management and Transaction System," it is necessary to integrate the decentralized government procurement information systems in the region, accelerate the promotion of a unified government procurement management and transaction system, and gradually promote the entry of all government procurement projects into system transactions.

The second is to accelerate the establishment of a government procurement standard system. The standard system is not only the foundation of building an information system, but also the premise of external information resource sharing. Financial departments at all levels should take the construction of the standard system as the basic work of government procurement, clean up and improve various types of government procurement business rules, and unify them to the "Basic Data Specifications of Government Procurement Business" to gradually realize the sharing of national government procurement information resources, and Connect with financial management related information systems and public resource trading platforms as required.

The third is to increase the application of new technologies and new formats. In recent years, the integration of new technologies and new formats such as big data, e-commerce, and mobile Internet with traditional industries has deepened rapidly, creating great value. Some localities and departments have made some attempts in government procurement e-commerce, new media, and big data analysis, and have gained some experience and results. It is necessary to continue to increase the application of new technologies and new formats in government procurement-related work, and create new impetus and vitality for the deepening of government procurement reform.

(5) Regarding the proper treatment of public opinion supervision.

Social public opinion supervision not only directly affects our reform and development environment, but also subtly affects the mentality of reformers. Not long ago, a comrade said to me, "The negative news of government procurement is too destructive. Let us work hard for more than ten years and return to liberation overnight." Another comrade told me that government procurement is "stand alone here. The stage is that no applause can be heard. "In fact, this involves a question of how to properly treat the supervision of public opinion. On the one hand, it explains that government procurement leaders are concerned about the society, and on the other hand, it explains the government procurement system and the expectations of the public. There is still a gap that requires us to think calmly, face contradictions, and solve problems.

First, we must avoid the accumulation of government procurement problems. Quantitative change to qualitative change requires a cumulative process. We must make good use of this process to strengthen crisis management, find the parts and links where contradictions are easy to accumulate, and take appropriate measures to resolve them early. To pay attention to the method of resolution, we must not just discuss the matter, we must find the cause of the contradiction from the system and mechanism, and seek a radical solution to the contradiction from the establishment of chapters and systems. In recent years, the Internet has successively exposed some cases of "high-priced procurement", "luxury procurement", and "black-hearted procurement" in the government procurement field.These problems appear to be in the government procurement field, but they have their roots. The stage budget is not detailed enough, the asset allocation standards are not perfect, and the lack of special systems such as performance acceptance and result evaluation is closely related. Financial departments at all levels must find cases by law and formulate relevant methods in a targeted manner to plug management loopholes, reduce the accumulation of problems, and prevent small things from becoming big things, or even causing trouble.

Second, we must prevent the transformation of government procurement issues. The government procurement problem should be handled in a superficial manner to prevent improper treatment from sinking to a deeper level of social psychology. Looking back at the cases that have appeared in the field of government procurement in the past, there are many things worth summing up. Although these issues have been investigated and handled by the financial department, they have not responded positively. The public does not understand the results of our treatment. Over time, "high quality and low price", "black box operation", and "inefficient" have precipitated. Synonymous with government procurement. Therefore, we must earnestly change the inertia thinking of “doing more and saying less” and “doing not speaking” in our past work, focus on strengthening government procurement publicity and training, and solve ideological problems from the source. Public opinion actively promotes hot issues, responds positively to social concerns, enhances understanding, reduces misunderstandings, and gradually forms a good atmosphere of public opinion.

(This article is an abridged speech by Liu Zhuyu, the director of the State Treasury Department of the Ministry of Finance at the National Conference on Government Procurement on November 26, 2015.)

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