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Interpretation of the "Interim Provisions on the Management of Centralized Purchase of State-owned Financial Enterprises"

来源: 财政部打印February 24, 2018 08:51 Source: Ministry of Finance [ Print ]

  February 12, 2018 Source: Department of Finance

The Ministry of Finance has recently issued the Interim Provisions on the Management of Centralized Procurement of State-owned Financial Enterprises (Caijin [2018] No. 9, hereinafter referred to as the "Provisions"), which will be implemented as of March 1, 2018. The "Regulations" aim to improve the efficiency of centralized procurement by state-owned financial enterprises, regulate the centralized procurement behavior of state-owned financial enterprises, and better implement the "decentralized management" reform.

Q: What is the background of the Regulations?

Answer: In order to regulate the centralized procurement behavior of state-owned financial enterprises, our Ministry issued in 2001 "Several Provisions on Strengthening the Management of Centralized Purchase of State-owned Financial Enterprises" (Cai Jin [2001] No. 209). The above provisions have played an active role in strengthening the centralized procurement management of state-owned financial enterprises, but with the development of China ’s economic and social development and the continuous deepening of financial reforms, the actual situation of centralized procurement by state-owned financial enterprises has occurred compared with the time the system was introduced The major changes are reflected in the following: First, the laws and regulations related to centralized procurement have been continuously improved. In 2008 and 2014, the Tendering and Bidding Law and the Government Procurement Law were successively promulgated. Since then, the relevant departments have also issued a series of regulations and regulatory documents around regulating bidding behaviors and government procurement. Second, the reform of the state-owned financial enterprise system has been steadily advanced, and modern corporate governance mechanisms have been basically established. The management level of state-owned financial enterprises has gradually improved, and their operations have become increasingly standardized. Third, with the rise in price levels and the diversification of corporate demand, the scale and complexity of centralized procurement by state-owned financial enterprises have also increased significantly. Therefore, it is necessary to amend the original regulations.

Q: What are the main ideas for drafting the Regulations?

A: We have drafted the Regulations based on the principles of “simplified administration and decentralization, framework guidance, standardized procedures, and strengthened supervision” and based on careful research and discussion with state-owned financial enterprises. The main ideas: First, implement the requirements of “simplified administration and decentralization”, and on the basis of clarifying the principle of centralized procurement and the management framework, cancel the relevant procedures of reporting, reporting, and review to the competent financial department. Second, it is clear that state-owned financial enterprises should do well in the organization and system construction of centralized procurement, and give enterprises the flexibility to make independent decisions. Thirdly, on the basis of the cancellation of the pre-reporting requirements, information disclosure requirements for centralized procurement have been added. At the same time, the supervision and inspection responsibilities of the financial department have been clarified. Through market-based means and enhanced post-event supervision and inspection, relevant state-owned financial enterprises have been urged to establish regulations. System, in accordance with laws and regulations to do a good job related to centralized procurement.

Q: What are the main contents of the Regulations?

Answer: There are 7 chapters and 34 articles in the Regulations. The main contents are as follows: First, the general principles. Including the centralized procurement of state-owned financial enterprises should follow the principles of openness, fairness, impartiality, good faith, and efficiency; establish an internal management system with unified management, hierarchical authorization, and mutual restrictions, and effectively safeguard the overall interests of the enterprise and the country. The second is organizational management. It is clear that state-owned financial enterprises should establish and improve a management system that separates centralized purchasing decision-making management functions from operational execution functions. At the same time, the position of the Centralized Procurement Management Committee as an internal management decision-making agency was clearly defined, and state-owned financial enterprises were required to conduct specific review of procurement projects in accordance with relevant laws and regulations. The third is system construction. State-owned financial enterprises should do a good job of internal system construction, including formulating their own centralized procurement catalogs and quota standards, internal centralized procurement management measures, and establishing and improving internal supervision and management systems. The fourth is the procurement method. It is clear that, in principle, centralized procurement should adopt the method of public bidding or invitation to bid. If non-bidding is required, it should comply with relevant regulations and perform internal management procedures in advance. At the same time, clarify the applicable conditions that can be used in closed tender. Fifth, procurement management. Further regulate the specific issues involved in the centralized procurement of state-owned financial enterprises, including requiring centralized procurement to be included in the annual budget management and doing a good job of information disclosure. At the same time, it is emphasized that state-owned financial enterprises must not turn down the items that should be subject to public bidding to zero or otherwise evade public bidding. Six is supervision and inspection. It is clear that state-owned financial enterprises should consciously accept supervision and inspection by relevant departments such as finance and auditing. Seventh is the supplementary clause. Where it is clear that state-owned financial enterprises use loans or grants from international organizations, foreign governments, etc. for procurement, they may agree to them, but they shall not harm national interests and public interests.

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