Order of the Ministry of Finance of the People's Republic of China
No. 102
The "Measures for the Administration of Government Purchase of Services" came into force on November 19, 2019. It was reviewed and approved at the second ministerial meeting and is now announced and will come into effect on March 1, 2020.
Minister Liu Kun
January 3, 2020
Management Measures for Government Purchase of Services
Chapter 1 General Provisions
Article 1: In order to regulate the government's purchase of services, promote the transformation of government functions, and improve the supply of public services, in accordance with the "Budget Law of the People's Republic of China" and the "Government Procurement Law of the People's Republic of China" These Measures are formulated in accordance with the provisions of laws and administrative regulations such as "Contract Law of the People's Republic of China" and "Contract Law of the People's Republic of China".
Article 2 The term “government procurement of services” as mentioned in these Measures refers to the fact that state agencies at all levels hand over the services that fall within their own scope of responsibilities and are suitable for provision through market-based methods to competent authorities in accordance with government procurement methods and procedures. The service provider assumes conditions and pays fees based on factors such as service quantity and quality.
Article 3: When purchasing services, the government shall follow the principles of budget constraints, fee-based services, open selection of the best, honesty and credit, and emphasis on performance.
Article 4: The Ministry of Finance is responsible for formulating a national government procurement service system, guiding and supervising the government procurement of services in various regions and departments.
The financial departments of local people's governments at or above the county level are responsible for the management of government procurement services in their respective administrative regions.
Chapter 2 Purchasing Subjects and Undertaking Subjects
Article 5: State agencies at all levels are the purchasers of government-purchased services.
Article 6: Enterprises and social organizations established in accordance with the law (excluding mass organizations guaranteed by financial appropriations), public welfare and public institutions engaged in production and business activities, rural collective economic organizations, grassroots mass organizations Autonomous organizations and qualified individuals can serve as the recipients of government-purchased services.
Article 7: The recipient of government procurement services shall meet the conditions stipulated in government procurement laws and administrative regulations.
Purchasing entities may stipulate specific conditions for undertaking entities based on the characteristics of the service items being purchased, but shall not violate government procurement laws and administrative regulations and impose differential or discriminatory treatment on undertaking entities under unreasonable conditions.
Article 8: First-class public welfare institutions and mass organizations using public institutions and guaranteed by financial allocations shall not be the purchasers and undertakers of government-purchased services.
Chapter 3 Purchase Content and Catalog
Article 9 The content of services purchased by the government includes public services provided by the government to the public, as well as auxiliary services required by the government to perform its duties. Serve.
Article 10 The following items shall not be included in the scope of government procurement of services:
(1) Service matters that do not fall within the scope of government responsibilities;
(2) Should Matters directly performed by the government;
(3) Government procurement of goods and projects stipulated in laws and administrative regulations, as well as projects that package projects and services;
(4) Financing Behavior;
(5) Recruitment and employment of purchasing entities, employment through labor dispatch, and establishment of public welfare positions;
(6) Laws, administrative regulations and the State Council Other matters stipulated shall not be included as part of government procurement of services.
Article 11: The specific scope and content of services purchased by the government shall be managed by a guiding catalogue, and the guiding catalog shall be made public in accordance with the law.
Article 12 The guiding catalog for government purchase of services shall be managed at different levels at the central and provincial levels. The Ministry of Finance and provincial financial departments shall respectively formulate guiding catalogs for government purchase of services at the same level. Within the scope of the guiding catalog, a guiding catalog of government procurement services of this department will be compiled.
Provincial financial departments shall determine the preparation methods and procedures for the guiding catalog of services purchased by sub-provincial governments based on local conditions.
Article 13: Relevant departments shall prepare and adjust the guiding catalog based on the actual economic and social development, the transformation of government functions, and the requirements for equalization and standardization of basic public services.
The preparation and adjustment of the guiding catalog should fully solicit the opinions of relevant departments and conduct expert argumentation based on actual needs.
Article 14: Government purchase of services may be implemented if a budget has been arranged for service matters included in the guiding catalog of government purchase services.
Chapter 4 Implementation of Purchasing Activities
Article 15 Government procurement of services should highlight the public nature and public welfare, and focus and prioritize arrangements closely related to improving people's livelihood. Projects that are conducive to transforming government functions and improving financial performance.
The service content, level, process and other standard elements of basic public service items purchased by the government should comply with the relevant requirements of the national basic public service standards.
Article 16: The funds required for government purchase of service projects shall be coordinated and arranged in the budget of relevant departments and connected with the mid-term financial plan. Projects not included in the budget shall not be implemented.
When the purchasing entity prepares the annual departmental budget, it should reflect the government's expenditure on purchased services. Government expenditures on purchasing services shall comply with relevant provisions on budget management.
Article 17 The purchaser shall select the best recipient through fair competition based on the purchase content and market conditions, relevant suppliers’ service capabilities and credit status and other factors.
Article 18 The purchase of services by purchasers from individuals shall be limited to situations where it is truly appropriate to implement government-purchased services and undertaken by individuals, and shall not be used in disguised form in the name of government-purchased services.
Article 19 The implementation, supervision and management of the procurement process of government procurement services, including centralized procurement catalogs and standards, procurement policies, procurement methods and procedures, information disclosure, questions and complaints, punishment for breach of trust, etc., shall be in accordance with the government Implementation of procurement laws, administrative regulations and related systems.
Article 20: Purchasing entities that implement performance management of government purchased service projects shall conduct ex-ante performance evaluations and regularly conduct performance evaluations on the implementation of purchased services. Qualified projects may use third-party evaluations.
The financial department may, as needed, carry out performance evaluation of the department's overall government purchase of services, or carry out key performance evaluations of government purchase service projects with a large amount of funds and social impact implemented by the department.
Article 21: The purchasing entity and the financial department shall use the performance evaluation results as an important basis for the selection of undertaking entities, budget arrangements and policy adjustments.
Chapter 5 Contract and Performance
Article 22 The signing, performance and modification of government purchase service contracts shall comply with the provisions of the Contract Law of the People's Republic of China Regulations.
Article 23 The purchasing entity shall sign a written contract with the determined undertaking entity, and the service content stipulated in the contract shall comply with the provisions of Articles 9 and 10 of these Measures.
The government purchase service contract should specify the content, term, quantity, quality, price, fund settlement method, rights and obligations of each party, liability for breach of contract, etc. of the service.
Government purchase service contracts shall be announced in accordance with the law.
Article 24 The performance period of a government purchase service contract generally does not exceed one year; under the premise of budgetary guarantees, the purchase content is relatively fixed, has strong continuity, stable funding sources, and small price changes. For government purchase service projects, a government purchase service contract with a performance period of no more than 3 years can be signed.
Article 25 The purchaser shall strengthen the contract performance management of government purchase service projects, carry out performance monitoring, keep abreast of the project implementation progress and the achievement of performance goals, urge the undertaking entity to strictly perform the contract, and report to the government in accordance with the contract. Undertake the main payment.
Article 26: The undertaking entity shall provide services in accordance with the contract and shall not subcontract the service items to other entities.
Article 27: The undertaking entity shall establish a ledger of government purchased service projects, keep records in accordance with relevant regulations or contract agreements, and provide important information related to project implementation to the purchasing entity.
Article 28: The undertaking entity shall strictly abide by relevant financial regulations and standardize the management and use of government purchase service project funds.
The undertaking entity shall cooperate with relevant departments to conduct supervision, inspection and performance evaluation of the use of funds.
Article 29: Undertaking entities may use government purchase service contracts to raise funds from financial institutions in accordance with laws and regulations.
The purchasing entity shall not provide guarantee in any form for the financing behavior of the undertaking entity.
Chapter 6 Supervision, Management and Legal Liability
Article 30: Relevant departments should establish and improve the supervision and management mechanism for government procurement of services. Purchasing entities and undertaking entities shall consciously accept financial supervision, audit supervision, social supervision and supervision of service objects.
Article 31 If purchasing entities, undertaking entities and other government purchasing service participants violate government procurement laws and regulations during government purchasing service activities, they shall be dealt with and punished in accordance with government procurement laws and regulations; Anyone who commits financial violations such as withholding, misappropriating or retaining funds will be held legally responsible in accordance with the Budget Law of the People's Republic of China, the Regulations on Punishments for Fiscal Illegal Acts and other laws and regulations; if a crime is suspected, the case will be transferred to judicial authorities for handling.
Article 32 If the financial department, purchasing entities and their staff violate the provisions of these Measures, abuse their power, neglect their duties, engage in malpractice for personal gain and other illegal and disciplinary conduct, they shall be punished in accordance with the "People's Republic of China* **The Budget Law of the People's Republic of China", the "Civil Servants Law of the People's Republic of China", the "Supervision Law of the People's Republic of China", the "Regulations on Penalties and Punishments for Financial Illegal Acts" and other relevant national regulations will pursue corresponding responsibilities; suspected crimes , transfer it to judicial authorities for processing.
Chapter 7 Supplementary Provisions
Article 33 For use by Party organs, CPPCC organs, democratic party organs, public institutions undertaking administrative functions and mass organizations using administrative establishments If fiscal funds are used to purchase services, these measures shall be followed.
Article 34: The implementation of confidential government-purchased service projects shall be implemented in accordance with relevant national regulations.
Article 35 These Measures will come into effect on March 1, 2020. The "Administrative Measures for Government Procurement of Services (Interim)" (Caizong [2014] No. 96) promulgated by the Ministry of Finance, the Ministry of Civil Affairs, and the State Administration for Industry and Commerce on December 15, 2014 are abolished at the same time.