Ministry of Finance on Issuing "Measures for the Administration of government procurement of imported products," the notice.

CPC Central Committee departments, 国务院各部委, agencies directly under the NPC Standing Committee General Office, General Office of the CPPCC National Committee, High Court, Supreme People's Procuratorate, the people's organizations, provinces, autonomous regions, municipalities, separately listed cities (bureaus) ., the Finance Bureau of Xinjiang Production and Construction Corps, the centralized procurement agencies: In order to implement the "State Council on the implementation of the" State long-term scientific and technological development (2006-2020)> Notice of a number of supporting policies "(Guo Fa [2006] 6 .number, to facilitate and promote independent innovation of government procurement policy, government procurement actions regulate imported products, according to "Government Procurement Law" and relevant laws and regulations, the Ministry of Finance formulated the "Measures for the Administration of government procurement of imported products." is issued to .you, please follow. Appendix: Government Procurement Regulations of the PRC Ministry of imported products 二 ○ ○ 七年 十二月 二十 七日 Keywords: government procurement of import notification issued by the General Office of the Ministry of Finance 300 29 December 2007 .Date issued Annex: Measures for the Administration of government procurement of imported products Chapter I General Provisions Article order to implement the "State Council on the implementation of" State long-term Science and Technology Development Plan (2006-2020> notice a number of supporting policies (Guo Fa [2006] 6 .number, to facilitate and promote independent innovation of government procurement policy, regulate imported products in government procurement, according to "Government Procurement Law" and other laws and regulations, development of this approach. The second state organs, public institutions and organizations (hereinafter .collectively referred to as the purchaser) the use of fiscal funds to directly import or entrust the procurement of imported products (including imports into China) activities, the application of this approach. Article The term refers to products imported by Chinese customs declaration and clearance .into the customs territory of China and produced outside of the product. fourth government procurement should purchase their products, do need to purchase imported products, the implementation of audit management. Article procurement procurement of imported products, domestic enterprises should adhere to independent innovation in favor or digestion .the principle of absorption of the core technology to give priority to purchase the transfer of technology to us, to provide training services and other trade measures compensation products. Article VI of the city divided into districts, autonomous prefectures and the people's governments above the financial sector (hereinafter referred to as the financial sector) shall carry out government procurement .imports audit activities, and supervision and administration. Chapter VII of the procurement audit management people need to purchase products in China can not get or can not obtain reasonable commercial terms, and as otherwise provided in laws and regulations do need to purchase imported products, .shall obtain the approval of the financial sector, government procurement activities in accordance with law. Article VIII of the procurement people to apply for financial sector review, shall submit the following materials: (a) "Application Form for government procurement of imported products" (see Annex 1) (b) on .encourage the import of products, copies of policy documents state laws and regulations; (c) of the imported product by sector of the city divided into districts, autonomous prefectures or more issued by the competent department of the "Government Procurement of Import Products Industry department views (see Annex 2); (d .) The Panel issued a "government procurement of imported products of the opinions of experts (see Annex 3). Article IX purchaser plans to purchase the imported products are state laws and regulations and policies to encourage imports of products specified in the financial sector audit report shall be issued .Article VIII (a), subsections (b) of the material. Article purchasing imported products to be purchased, people belonging to national laws and regulations and policies to restrict imports of products specified in the financial sector audit report should be issued by the Article VIII (a .), subsections (c) and (d) of the material. purchaser plans to purchase state to restrict imports of major equipment and key industrial technologies, it shall issue the views of Development and Reform Commission. purchaser plans to purchase major countries to restrict imports .scientific instruments and equipment, it shall issue the views of Science and Technology. Article XI purchaser plans to purchase other imported products, the financial sector in the audit report should be issued by the Article VIII (a) of the material, and also issued (c) .paragraph or paragraph (d) of the material. The term Group Article XII shall be five or more singular form, which must include a legal expert, the product of technical experts and the unit should be a non-expert familiar with the product .. purchasing on behalf of the members of the Group shall not be involved in argument. Article XIII shall not be involved in the procurement experts demonstrated the participation of experts reviewed the procurement of the same project assessment. Chapter III of Article XIV of procurement management should be based on government procurement of imported products as the main way of public tender .. due to special circumstances require an open tender procurement method other than in accordance with the relevant provisions of government procurement. XV commissioned the procurement and their procurement agencies in the procurement of imported products in the procurement documents shall specify the priority to buy the transfer to China's enterprises .technology, and the digestion and absorption of companies signed a supplier of innovative solutions imports. XVI person who shall purchase products or services matching requirements of consistency, need to continue to purchase from the original supplier of the original procurement, no .re-examination, but the purchase does not exceed the original contract total amount of 10% of the purchase amount. The government procurement of imported products seventeenth performance of the contract, the purchaser is really necessary additional products with the same object of the contract, the contract does not change the other terms in the premise .and all supplementary contract procurement procurement amount not exceeding the original contract amount of 10%, in consultation with suppliers entered into a supplemental contract does not require re-examination. Remuneration, contract procurement of imported products should be to safeguard national interests and public interests .as the necessary conditions. occurred during contract performance against national interests and public interests, the purchaser shall immediately terminate the contract. XIX Article purchaser or his authorized procurement agencies shall strengthen the inspection of imported products, to prevent .fake and shoddy products. Diershitiao procurement applications procurement funds to pay for imported products, imported products should be issued by the government procurement related material and financial sector audit files. or you could not pay the money. Chapter IV Supervision and Inspection Article purchaser is not a .procurement of imported products to obtain approval of the financial sector, one of the following circumstances, shall be imposed, and given a warning, the directly responsible person in charge and other directly responsible personnel, administrative department or by the relevant authorities for action, and to be informed: .(a) procurement of imported products without permission; (b) issue a false application materials; (c) violation of these rules in other cases. Twenty-two procurement agencies of government procurement of imported products in the agent business in an illegal act, .given a warning, you can be fined in accordance with relevant legal requirements; the circumstances are serious, you can revoke his qualification related business; constitute a crime shall be investigated for criminal responsibility. twenty-three suppliers of the following circumstances, a fine of procurement .the amount of more than 5 ‰ 10 ‰ fine, included in the list of bad behavior record, 1-3 years, prohibited from participating in the government procurement activities, the illegal gains, shall be confiscated, if the circumstances are serious, the administrative department for industry and commerce shall revoke its business .license; suspected of a crime, transferred to judicial organs: (a) provide false information to seek the successful bidder, transactions; (b) by improper means slander, crowding out other suppliers; (c) and the purchaser, other suppliers or procurement .agency collusion; (d) to the procuring agency to provide bribes or other improper benefits; (e) bidding and procurement process of negotiation of the people; (vi) supervision and inspection departments, or refuse to .providing false information. Supplier of the preceding paragraph (a) to (e) cases, the successful bidder, transaction invalid. twenty-four expert opinions issued false argument, in accordance with the provisions of relevant laws held liable. s .Twenty-five chapters Supplementary procurement of imported products, the purchaser shall also abide by other relevant laws and regulations. involving mechanical and electrical products import tender bidding, international tender in accordance with the relevant measures should be implemented. twenty-six of this approach does not provide for ., in accordance with the relevant provisions of government procurement. The second seventeen secrets involving national security and the item is not applicable in this way. twenty-eighth of this approach into effect from the date of issuance. Appendix: 1. government procurement of imported products application form 2. .government procurement of imported products Industry department views 3. government procurement of imported products of the opinions of experts.