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Responsible person in charge of the Ministry of Finance answers reporters' questions on the revision of the "Administrative Measures on Government Procurement Information Announcement"

来源: 财政部条法司打印08:55, December 11, 2019 Source: Department of Law, Ministry of Finance [ Print ]

In order to implement the Government Procurement Law of the People's Republic of China and its implementing regulations, regulate the disclosure of government procurement information, and improve the transparency of government procurement activities, the Ministry of Finance issued the "Administrative Measures on Government Procurement Information Announcement" (Ministry of Finance No. 19) issued in 2004. (Hereinafter referred to as Decree 19) was revised and the "Administrative Measures for the Issuance of Government Procurement Information" (Decree No. 101 of the Ministry of Finance, hereinafter referred to as Decree 101) was promulgated. Recently, relevant persons in charge of the Ministry of Finance have been interviewed by reporters on related issues.

1. Q: Why amend Order 19?

Answer: First, the need to deepen the reform of the government procurement system. On November 15, 2018, the Central Comprehensive and Deepening Reform Committee reviewed and approved the "Deepening Government Procurement System Reform Plan". In order to implement the requirements of the reform plan and promote the formation of a government procurement information disclosure mechanism that is conducive to fair competition, standardized management and social supervision, it is necessary to Amend Order No. 19.

The second is the need to implement the higher law and the regulations of other departments. In 2015, the implementation rules of the Government Procurement Law were promulgated, which further clarified the channels for the disclosure of government procurement information, and added new regulations on disclosure of government procurement information such as procurement documents and procurement contracts. Since 2014, the Ministry of Finance has successively revised and promulgated the "Administrative Measures for Non-tendering Procurement of Government Procurement", the "Administrative Measures for Tendering and Bidding of Government Procurement of Goods and Services", and the "Procedures for Questioning and Complaining about Government Procurement," and other relevant departmental regulations. New regulations have been made for the specific content and time limit for the disclosure of regulatory information, and relevant provisions of Decree 19 have lagged.

The third is the need to solve outstanding problems in practice. In the 15 years since the implementation of Decree 19, some problems have gradually been exposed, mainly manifested in the following: the existence of phenomena such as not publishing information through designated media, concealing information, and providing information differently, hindering and excluding fair competition among suppliers; the government procurement law and its The implementation regulations and government information disclosure regulations have different information distribution channels. In practice, there are problems such as inconvenient information search and unsmooth information sharing. It is necessary to further clarify the information distribution channels. The relevant provisions of Decree 19 are mainly based on paper media disclosure and fail to highlight the Internet. The role of the media has not adapted to the current requirements of information technology development.

2. Q: What are the major revisions?

Answer: There are a total of 21 orders under Order 101, which is 5 more than Order 19, deletes 20, and modifies 16. Major revisions include:

The first is to focus on information release management. In order to maintain the stability of the information release system and avoid frequent revisions due to the adjustment of relevant laws, administrative regulations and departmental regulations, Decree 101 has deleted the specific provisions on the scope and content of government procurement information in Order 19, focusing on the release of government procurement information Behavioural norms.

The second is to delete content that is inconsistent with the higher law. For example, in accordance with the provisions of the Government Procurement Law on centralized procurement catalogs and standards promulgated by the State Council and provincial people's governments, the provisions of Article 19 of Order 19 on centralized procurement catalogs and standards announced by the financial department have been deleted.

The third is to clarify the information release responsibilities of the financial department. It is stipulated that in addition to the government procurement project information, regulatory information such as the results of supervision and inspection and the results of centralized procurement agencies' assessments shall also be announced on the designated media.

The fourth is to highlight the role of the main channel of network openness. Order No. 101 clarified the China Government Procurement Network and its provincial branch network as a collection platform for government procurement information, requiring that government procurement information should be published on the China Government Procurement Network or its provincial branch network. At the same time, the order No. 19, which clearly pointed to newspapers, Regulations for print media such as magazines.

3. Question: Regarding the issues of information release errors, concealment of information, and differential information provision in the process of issuing government procurement information, what specific measures are prescribed in Decree 101?

A: In government procurement practice, market entities have repeatedly reflected issues such as incomplete content of government procurement information issued by purchasers, not being published on designated channels, or providing different information to different channels. Order 101 addresses these issues from the system design and implementation mechanism. Related solutions. First, it is explicitly required that government procurement information should be compiled in a format prescribed by the Ministry of Finance. The second is to improve the handling principle when the content of the same government procurement information released by different media in different media is inconsistent. The third is to strengthen the relevant responsibilities of the designated media, stipulating that the designated media should release information in a timely manner, must not change the content of information provided by information providers without authorization, and should provide information disclosure and inspection services for free.

4. Question: Order 101 will be implemented from March 1, 2020. How does the Ministry of Finance intend to implement and implement it?

Answer: In order to implement Order 101, we will actively do the following: First, we will publicize Order 101 extensively through the media of the Ministry of Finance portal, China Government Procurement Website, China Government Procurement Newspaper, China Government Procurement Magazine, and other initiatives. Answer doubts and answer concerns. The second is to train central units and local financial departments to explain and explain the key content of this amendment to help accurately understand and grasp the content and requirements of Decree 101. The third is to quickly formulate government procurement information format specifications and improve related supporting systems.