Order of the Ministry of Finance on Printing and Distributing Administrative Measures for Government Procurement Information Disclosure
Order of the Ministry of Finance on Printing and Distributing Administrative Measures for Government Procurement Information Disclosure
Order of the Ministry of Finance on Printing and Distributing Administrative Measures for Government Procurement Information Disclosure
Order of the Ministry of Finance [2004] No. 19
August 11, 2004
The Administrative Measures for Government Procurement Information Disclosure, which were deliberated and adopted during the executive meeting,are hereby promulgated. The Measures shall be implemented on the date of promulgation.
Minister:Jin Renqing
Attachment: Administrative Measures for Government Procurement Information Disclosure
Catalog
Chapter I General Provisions
Chapter II Scope and Content of Government Procurement Information Disclosure
Chapter III Management of Government Procurement Information Disclosure
Chapter IV Management of Designated Media for Government Procurement Information
Chapter V Legal Liabilities
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 For the purpose of regulating government procurement information disclosure, improving transparency of government procurement activities and promoting fair competition, these Measures are formulated in accordance with the Government Procurement Law of the People's Republic of China.
Article 2 The "government procurement information" refers to the laws, regulations, bylaws and other regulatory documents governing government procurement activities, as well as the general name of data and materials reflecting the status of government procurement activities.
The "government procurement information disclosure" refers to the releasing of government procurement information that shall be publicized through government procurement information release media, as designated by finance departments.
Article 3 All purchasers or procurement agencies shall issue announcements about government procurement information, in accordance with these Measures and the laws and administrative regulations on government procurement.
The term "procurement agencies," as used in the preceding paragraph, refers to central purchasing institutions and other lawfully accredited purchasing institutions.
Article 4 Government procurement information disclosure shall comply with the principles of timely information announcements, standard and uniform content, relatively central channels and convenience in obtaining and searching.
Article 5 Finance departments at or above the county level shall be responsible for supervising, inspecting and managing the activities involved with issuing announcements about government procurement information. However, the following functions shall be performed by finance departments at the provincial level or above:
1. Determining the scope and content of government procurement information that shall be announced; and
2. Designating, supervising and inspecting the media responsible for releasing government procurement information.
Article 6 The Ministry of Finance shall be responsible for determining the basic scope and content of government procurement information disclosure, and shall designate the national government procurement information release media.
The finance departments at the provincial level (including those in cities under separate State planning, and the same below) shall be responsible for determining the scope and content of government procurement information disclosure of their local region, and may designate local government procurement information release media.
With the exception of the Ministry of Finance and the finance departments at the provincial level, no other entity or individual may designate government procurement information release media.
Article 7 Government procurement information shall first be announced through the government information release media, as designated by the Ministry of Finance.
Local government procurement information may be simultaneously announced through government information release media, as designated by finance departments at the provincial level.
Chapter II Scope and Content of Government Procurement Information Disclosure
Article 8 The following government procurement information must be announced, unless it relates to State secrets or commercial secrets of the suppliers, or unless it is government procurement information that shall be kept confidential under relevant laws and administrative regulations:
1.
......