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Responsible person in charge of the Ministry of Finance answers reporters' questions on government procurement policies to promote employment of persons with disabilities

来源: 中国政府采购网打印09:38, October 12, 2017 Source: China Government Procurement Network [ Print ]

In order to give play to the role of government procurement in promoting the employment of persons with disabilities and further protect the rights and interests of persons with disabilities, the Ministry of Finance, the Ministry of Civil Affairs, and the China Disabled Persons' Federation have issued the "Notice on Promoting Government Procurement Policies for Persons with Disabilities" (Caiku [2017] No. 141, (Hereinafter referred to as the "Notice"). Recently, relevant persons in charge of the Ministry of Finance have been interviewed by reporters on issues related to the Notice.

Q: Why was the Notice issued?

A: The use of government procurement policies to support the employment of disabled people is an important measure to implement the important arrangements of the Party Central Committee and the State Council for the development of the cause of disabled people, further protect and improve the livelihood of people with disabilities, and help people with disabilities and the people of the whole country to build a comprehensive well-off society. . Article 36 of the Law on the Protection of Persons with Disabilities states: "Government procurement shall give priority to the products or services of welfare units for persons with disabilities under the same conditions." Regulations on the Employment of Disabled Persons, Opinions of the State Council on Accelerating the Process of Well-being of Disabled Persons (Guo Fa [2015] No. 7), and Outline of the 13th Five-Year Plan for Accelerating the Process of Well-being of Disabled Persons (Guo Fa [2016] 47 No.) also clearly stipulates that government procurement shall give priority to the products and services of units with concentrated employment of persons with disabilities. Studying and formulating the Notice, clarifying the policy support targets and specific support measures, is of great significance for promoting the employment of disabled people, guaranteeing their labor rights, and maintaining social harmony and stability.

Q: What conditions need to be met for the specific supporters of government procurement policies to promote the employment of persons with disabilities? How to identify in government procurement activities?

Answer: According to the Law on the Protection of Persons with Disabilities, the specific support object for government procurement to promote the employment of persons with disabilities is “welfare units for the disabled”. The "Notice" draws on the provisions of the "Notice of the State Administration of Taxation of the Ministry of Finance on the Promotion of Preferential Tax Policies for the Employment of Disabled Persons" (Cai Shui [2016] No. 52), clarifying the conditions that disabled people's welfare units need to have: First, resettled disabled persons The proportion of the number of employees in the unit is not less than 25% (including 25%), and the number of disabled persons who have been resettled is not less than 10 (including 10 persons); the second is to sign a contract with each resettlement person for one year according to law The above (including one year) labor contract or service agreement; the third is to pay for each disabled person in full the basic endowment insurance, basic medical insurance, unemployment insurance, work injury insurance and maternity insurance and other social insurance fees; It is through the financial institutions, such as banks, that each disabled person who is resettled pays a monthly salary not lower than the monthly minimum wage approved by the provincial people's government for the district or county where the unit is located. At the same time, it is required to provide the goods manufactured by the unit, the works or services undertaken, or the goods manufactured by other welfare units for the disabled. These conditions need to be met at the same time.

In accordance with the spirit of "decentralization of service" reform, in order to effectively reduce the burden of repeated submission of certification materials by relevant suppliers, the "Notice" stipulates that in government procurement activities, the disability welfare unit can submit the "Declaration Letter for the Disability Welfare Unit". It is not necessary to issue other materials of the content of the certification statement, and the purchaser and the procurement agency will not review and confirm their qualifications. If the "Declaration Letter of the Welfare Unit for the Disabled" provided by the supplier is inconsistent with the facts, it will bear the corresponding legal liability.

Q: What measures does government procurement take to promote employment of persons with disabilities?

A: Considering the wide distribution of industries with welfare units for the disabled, it is difficult to delineate the specific product range supported. The “Notice” does not cover specific product categories, but instead provides for the principle of government procurement to support the welfare units for the disabled. Measures include three aspects:

The first is to enjoy policies related to government procurement to promote the development of SMEs. The "Notice" stipulates that in government procurement activities, welfare units for persons with disabilities are treated as small and micro enterprises, and enjoy government's procurement policies that promote the development of small and medium-sized enterprises, such as reserved shares, price deductions during review, encouraging bidding, and subcontracting. . However, the welfare units for the disabled are themselves small and micro enterprises and do not enjoy repeated policies.

The second is non-tendering procurement. The "Government Procurement Law Implementation Regulations" stipulates that if the purchaser needs to implement government procurement policies, after approval, procurement methods other than public bidding may be used. For this reason, the "Notice" stipulates that purchasers who purchase goods or services above the standard amount of public bidding may implement procurement procedures other than public bidding after fulfilling the approval procedures in accordance with the law in order to implement the employment promotion policy for persons with disabilities.

The third is to encourage purchasers to preferentially choose products from welfare units for the disabled. If the products of welfare units for the disabled meet the requirements of agreed supply or fixed-point procurement, they may be shortlisted directly. Government procurement electronic stores, electronic malls, online supermarkets, etc. set up product columns for welfare units for the disabled.

In order to improve the pertinence and operability of the policy, the Circular authorizes provincial financial departments to refine government procurement support measures in the light of the actual conditions of production and operation of disabled people in the region.

Q: Are the provisions of the Notice in line with international practice and relevant international rules? Will it restrict competition or treat foreign investment companies differently?

A: It is a common international practice to use government procurement policies to support the employment of people with disabilities. The United States, Germany, the United Kingdom, Belgium, Australia and other countries have introduced relevant policies. Specific measures include reserve quotas, prioritizing the procurement of products for companies with disabilities, Prerequisites for participating in government procurement, etc. WTO's "Government Procurement Agreement" (GPA) clearly stipulates that relevant measures involving the provision of goods or services by persons with disabilities are treated as exceptions, that is, they are not subject to the restrictions and constraints of the GPA. Therefore, government procurement promotes employment of persons with disabilities in accordance with international practices and relevant international rules. The "Notice" aims to support the employment of persons with disabilities, does not exclude and restrict other entities from participating in government procurement competition, and there are no discriminatory provisions against foreign-invested enterprises. In the implementation of policies, various regions and departments shall treat products produced by foreign-invested enterprises that meet relevant conditions in China with equal treatment and equality.

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