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China has been committed to establishing a fair and competitive political system

来源: 中国政府采购网打印 】 Source: China Government Procurement Network [ Print ]

The State Council Information Office recently held a regular briefing on State Council policies, and invited relevant officials from the Ministry of Commerce, the Ministry of Finance, and the State Intellectual Property Office to introduce relevant policies and measures to further improve the use of foreign capital and answer questions from reporters. Wang Shaoshuang, deputy director of the Treasury Payment Center of the Treasury Department of the Ministry of Finance, said at the briefing that the Chinese government has always been committed to establishing a fair competition government procurement system, and treats domestic and foreign enterprises equally and equally.

It is understood that a reporter asked at the briefing. How does the current government procurement law regulate foreign participation in government procurement? If foreign-funded enterprises receive unequal treatment in government procurement activities, what methods should foreign-funded enterprises use to protect their rights and interests? In response, Wang Shaoshuang stated that the State Council's "Opinions on Further Improving the Utilization of Foreign Capital" stipulates provisions for guaranteeing foreign companies' equal participation in government procurement in accordance with the law, requiring all regions and departments to release government procurement information, determine supplier conditions, and evaluate bids In terms of standards, it is not allowed to discriminate against foreign-funded enterprises, and it is not allowed to limit the ownership form, organizational form, equity structure or investor country of the supplier, and the product or service brand. The Chinese government has always been committed to establishing a fair competition government procurement system. According to the current government procurement laws and policies, Chinese government procurement is treated equally by domestic and foreign enterprises. It is mainly reflected in the following aspects:

In terms of suppliers' qualifications for participating in government procurement, in accordance with the provisions of the Government Procurement Law, suppliers participating in government procurement include various types of legal persons, other organizations or natural persons. The law also clearly stipulates that all regions and departments must not discriminate or discriminate against suppliers on unreasonable conditions.

2020 1 1 日实施的外商投资法明确规定,国家保障外商投资企业依法通过公平竞争参与政府采购活动。 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. Suppliers have always been free to obtain all kinds of public procurement information released publicly.

With regard to the management of government procurement activities, the implementation regulations of the Government Procurement Law explicitly define or specify specific brands or suppliers, and illegally restrict the supplier's ownership form, organizational form or location, as imposing differential or discriminatory treatment on suppliers on unreasonable conditions. the behavior of. The "Administrative Measures on Tendering and Bidding of Government Procurement of Goods and Services" issued by the Ministry of Finance stipulates that purchasers and procurement agencies shall not take the bidder's registered capital, total assets, operating income, employees, profits, and tax amount as qualification requirements. Or the evaluation factor shall not pass the manufacturer's authorization, commitment, certification, endorsement, etc. as qualification requirements, in order to avoid discriminatory or discriminatory treatment of bidders.

7 月,为构建统一开放、竞争有序的政府采购市场,财政部印发了《关于促进政府采购公平竞争优化营商环境的通知》,明确要求各地区、各部门全面清理政府采购领域的妨碍公平竞争的规定和做法,进一步优化政府采购营商环境。 In July this year , in order to build a unified, open, competitive and orderly government procurement market, the Ministry of Finance 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 obstacles in the government procurement field. Fair competition regulations and practices further optimize the business environment for government procurement.

The Government Procurement Law also provides a relief mechanism for government procurement. According to the law, if a supplier believes that the procurement documents, the procurement process, the winning bid, and the transaction result have damaged its rights and interests, it can challenge the buyer in accordance with the law. If you make a reply within the time limit, or if you question the supplier's dissatisfaction with the reply, you can file a complaint with the financial department at the same level. In order to facilitate suppliers' rights protection in procurement activities, the Ministry of Finance has promulgated the "Measures for Questioning and Complaints on Government Procurement", which further requires financial departments at all levels to publish the contact person, telephone number and correspondence address for receiving complaints. The Government Procurement Law also stipulates that any unit or individual has the right to sue and report illegal acts in government procurement activities, and relevant departments and agencies shall deal with them in a timely manner in accordance with their respective duties.

Complaints and reports have become an effective channel 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 conduct in government procurement, it may also report it to the Ministry of Finance to jointly maintain a fair market environment.

(Source: Chinese government website)

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