People's Republic of China Government procurement law

Issued by: National People's Congress Standing Committee regulatory categories: bidding rules industry attributes: national regulatory jurisdiction: inter-provincial promulgation date: 2002-06-29, date: 2003-01-01 People's Republic of China presidential order No. 68 People's Republic of China Government procurement law the People's Republic of China Government procurement law has been People's Republic of China in the ninth national people's Congress Standing Committee-eighth meeting in 2002 adopted on 29 June, is hereby announced that since 1 January 2003. People's Republic of China President Jiangze Government Procurement Chapter I General provisions article 1 in order to regulate government purchasing behavior, improve government procurement funds use efficiency, protect national interests and the protection of public interests, government procurement and the legitimate interests of the parties to promote honest, this law is enacted. Article 2 of the territory in People's Republic of China Government procurement law is applicable. Government procurement referred to in this law, refers to all levels of State organs, institutions and organizations that use financial funds procurement law enacted within the centralized procurement directory or purchasing limit standards than goods, works and services. Government procurement catalog and purchase limit of standard permission in accordance with the provisions of this law. Procurement, referred to in this law refers to the contract form of paid goods, works and services, including the purchase, leasing, delegate, employment, etc. The goods referred to in this law, refers to the various forms and kinds of items, including raw materials, fuel, equipment, products, etc. This law works, refers to the construction works, including buildings and structures of new and reconstructed, expansion, renovation, demolition, repair, etc. Services referred to in this law, is a means of goods and works other than government procurement objects. 3 Government procurement should follow the principles of transparency and fair competition principles, principles of Justice and the principle of good faith. 4 Government procurement tenders bids for bidding law. 5 no unit or individual may be in any way obstruct and restrict the supplier free access to the region and the industry-government procurement market. The six government procurement should be strictly in accordance with the approved budget. 7 Government procurement centralized procurement and decentralized procurement. The scope of the centralized procurement by provincial people's Government at or above the centralized procurement directory published. Belongs to the central budget of government procurement projects, its centralized procurement directory published by the State Council and belongs to the local budgets; government procurement projects, its centralized procurement directory of provinces, autonomous regions and municipalities directly under the Central Government or its authorized agencies determine and publish. Into the centralized procurement directory of government procurement projects, procurement should be centralized. Article 8, the standard limit on government procurement, belongs to the central budget, the Government procurement projects and published by the State Council; belonging to the local budgets of government procurement project of provinces, autonomous regions and municipalities directly under the Central Government or its authorized agencies determine and publish. Article 9: the Government procurement should contribute to achieving the country's economic and social development policy objectives, including the protection of the environment, enabling less developed regions and in ethnic minority areas, promotion of small and medium-sized enterprise development, etc. Article 10: Government procurement should purchase their goods, works and services. But one of the following circumstances: (a) require the purchase of goods, works or services cannot be obtained in the territory of China or the inability to obtain a reasonable commercial terms; (ii) for use by outside China procurement; (iii) other legal and administrative provisions of the regulations. Referred to in the preceding paragraph shall national goods, works and services defined in accordance with the relevant provisions of the State Council. Article 11 information on government procurement should be in the Government procurement administration specify the media to social public release, but except involving trade secrets. Article 12 in government procurement activities, procurement staff and associated personnel and vendors interested, must be avoided. Vendors consider purchasing personnel and associated personnel and other vendors are interested, you can apply for their withdrawal. Personnel mentioned in the preceding paragraph shall, including bidding Evaluation Committee of officials, competitive negotiation purchasing negotiating group composition, inquiry procurement inquiry, members of the Panel. Article 13 of the financial Department of the people's Government at all levels are responsible for the supervision and management of government procurement departments, law honoured on government procurement activities of the supervision and administration functions. Governments and other relevant departments to comply with governmental procurement activities of the supervision and administration functions.