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Decree No. 101 of the Ministry of Finance of the People's Republic of China-Administrative Measures on Government Procurement Information Release

来源: 中国政府采购网打印08:48, December 11, 2019 Source: China Government Procurement Network [ Print ]

The "Administrative Measures for the Issuance of Government Procurement Information" has been deliberated and approved by the Ministry of Finance's Ministry of Finance meeting, and is now promulgated. It will be implemented as of March 1, 2020.

minister Liu Kun

November 27, 2019

Administrative Measures for the Release of Government Procurement Information

Article 1 These regulations are formulated in accordance with relevant laws and administrative regulations such as the "People's Republic of China Government Procurement Law" and the "Implementation Regulations of the People's Republic of China on Government Procurement Law" in order to regulate the release of government procurement information and improve the transparency of government procurement.

Article 2 These measures apply to the release of government procurement information.

Article 3 The government procurement information referred to in these measures refers to the government's public bidding announcements, pre-qualification announcements, single-source procurement announcements, announcements of winning bids (transactions), government procurement contract announcements, etc. Procurement project information, as well as government procurement supervision information such as the results of complaint handling, the results of supervision and inspection, and the assessment results of centralized procurement agencies.

Article 4 The release of government procurement information shall follow the principles of uniform format specifications, relatively centralized channels, and easy access to information.

Article 5 The Ministry of Finance guides and coordinates the publication of government procurement information across the country, and supervises and administers the publication of government procurement information by the central budget unit in accordance with the relevant provisions of government procurement laws and administrative regulations.

The financial departments of local people's governments at all levels (hereinafter referred to as the financial departments) supervise and manage the government procurement information release activities of budget units at the corresponding level.

Article 6 The Ministry of Finance supervises and manages the Chinese government procurement network. Provincial (autonomous regions, municipalities directly under the Central Government, and cities separately planned) financial departments supervise and manage the provincial branch network of the Chinese government procurement network.

Article 7 Government procurement information shall be compiled in a format prescribed by the Ministry of Finance.

Article 8 The government procurement information of the central budget unit shall be published on the Chinese government procurement network, and the government procurement information of the local budget unit shall be published on the provincial branch network of the Chinese government procurement network in the administrative region where it is located.

With the exception of the China Government Procurement Network and its provincial branch network, government procurement information can be released simultaneously in other media designated by the provincial or higher financial department.

Article 9 The financial department, the purchaser and the procurement agency it entrusts (hereinafter collectively referred to as the issuing body) shall be responsible for the authenticity, accuracy and legality of the government procurement information provided by it.

The China Government Procurement Network and its provincial branch networks and other media designated by the provincial or higher financial department (hereinafter collectively referred to as designated media) shall be responsible for the timeliness and completeness of the government procurement information they receive.

Article 10 The issuing body shall not make false or misleading statements when publishing government procurement information, and shall not omit matters that must be disclosed in accordance with law.

Article 11 The issuing entity shall ensure that the content of the same government procurement information released by different media is consistent.

If the content and time of the same government procurement information released in different media are inconsistent, the information published on the Chinese government procurement network or its provincial branch network shall prevail. At the same time published on the Chinese Government Procurement Network and provincial branch network, the information published on the Chinese Government Procurement Network shall prevail.

Article 12 The designated media shall take necessary measures to verify the identity of the main body of the government procurement information release.

Article 13 The designated media shall promptly release the government procurement information received.

The Chinese Government Procurement Network or its provincial branch network shall be published within 1 working day after receiving government procurement information.

Article 14 The designated media shall strengthen security protection to ensure that the government procurement information released is not tampered with or omitted, and information content shall not be deleted or modified without authorization.

Article 15 The designated media shall provide information release services to the publishing entities free of charge, and shall not charge the market participants and the public for information review fees.

Article 16 If the purchaser or the procurement agency it entrusts fails to release government procurement project information on the designated media according to law, it shall be investigated for legal liability in accordance with Article 68 of the Implementation Regulations of the Government Procurement Law.

If the purchaser or the procurement agency it entrusts commits other acts that violate the provisions of these Measures, the financial department at or above the county level shall order it to make corrections within a time limit and issue a warning. For those in charge and other directly responsible persons, it is recommended that their administrative department or Relevant authorities shall deal with it according to law and regulations, and notify them.

Article 17 If the designated media violates the provisions of these Measures, the financial department at or above the provincial level that implements the designated behavior shall be ordered to make corrections within a specified period of time. For the person in charge directly responsible and other directly responsible persons, it is recommended that its administrative department or relevant organs comply with laws and regulations. Process and notify.

Article 18 In the event of government procurement information release activities by the financial department and its staff, such acts as lazy government, abuse of power, neglect of duty, and malpractice for malpractice, are in accordance with the "People's Republic of China Government Law" The Civil Service Law, the Supervision Law of the People's Republic of China, the Regulations on the Implementation of the Government Procurement Law of the People's Republic of China, and other relevant national regulations shall be investigated for corresponding responsibilities; if a crime is suspected, it shall be transferred to the relevant state authority for processing.

Article 19 The release of information on confidential government procurement projects shall be implemented in accordance with relevant state regulations.

Article 20 Provincial financial departments may formulate specific implementation measures based on these measures.

Article 21 These Measures shall be implemented as of March 1, 2020. The "Administrative Measures on the Procurement of Government Procurement Information" promulgated and implemented by the Ministry of Finance on September 11, 2004 (Ministry of Finance Order No. 19) was abolished at the same time.