Interim Administrative Measures for Public Resource Trading Platforms

Interim Administrative Measures for Public Resource Trading Platforms
Interim Administrative Measures for Public Resource Trading Platforms

Order of the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Finance, the Ministry of Land and Resources, the Ministry of Environmental Protection, the Ministry of Housing and Urban-Rural Development, the Ministry of Transport, the Ministry of Water Resources, the Ministry of Commerce, the National Health and Family Planning Commission, the State-owned Assets Supervision and Administration Commission of the State Council, the State Administration of Taxation, the State Forestry Administration and the National Government Offices Administration No.39

June 24, 2016

With a view to implementing the Circular of the General Office of the State Council on Issuing the Work Plan for Integrating and Establishing Unified Public Resource Trading Platforms (Guo Ban Fa [2015] No.63) and standardizing the operation, service and regulation of public resource trading platforms, the Interim Administrative Measures for Public Resource Trading Platforms are hereby promulgated for implementation as of August 1, 2016.

Xu Shaoshi, Chairman of National Development and Reform Commission
Miao Wei, Minister of Industry and Information Technology
Lou Jiwei, Minister of Finance
Jiang Daming, Minister of Land and Resources
Chen Jining, Minister of Environmental Protection
Chen Zhenggao, Minister of Housing and Urban-Rural Development
Yang Chuantang, Minister of Transport
Chen Lei, Minister of Water Resources
Gao Hucheng, Minister of Commerce
Li Bin, Minister of National Health and Family Planning Commission
Xiao Yaqing, Chairman of State-owned Assets Supervision and Administration Commission of the State Council
Wang Jun, Administrator of State Administration of Taxation
Zhang Jianlong, Administrator of State Forestry Administration
Li Baorong, Head of National Government Offices Administration

Interim Administrative Measures for Public Resource Trading Platforms

Chapter I General Provisions

Article 1 With a view to standardizing the operation of public resource trading platforms, improving the effectiveness and efficiency of public resource allocation, tightening the supervision and imposing restrictions over power excise, and safeguarding national interests, social public interests and the legitimate rights and interests of transaction parties, these Measures are hereby promulgated in accordance with relevant laws and regulations and the Circular of the General Office of the State Council on Issuing the Work Plan for Integrating and Establishing Unified Public Resource Trading Platforms (Guo Ban Fa [2015] No.63).

Article 2 These Measures apply to the operation, service and regulation of public resource trading platforms.

Article 3 For the purposes of these Measures, "public resource trading platforms" refer to systems providing comprehensive public resource trading services for market players, the masses and the administrative authorities which apply unified rules and standards and have open and shared electronic service systems for public resource transactions and standardized and transparent operational mechanisms.
"Public resource transactions" refer to public ownership and public welfare resource transactions in connection with public interests and security.

Article 4 Public resource trading platforms shall be designed to provide public services, follow the way into e-platforms and embrace the operational and service philosophy of openness and transparency, resource sharing, efficiency and convenience, observation of law and integrity.

Article 5 Public trading platforms shall employ a transparent management system throughout the whole process by carrying out more electronic transactions through information networks.

Article 6 The National Development and Reform Commission shall work with other relevant departments under the State Council to guide and coordinate the work related to national public resource trading platforms.
The development and reform department or another designated department of local people's governments at or above the municipal level shall work with relevant departments to guide or coordinate the work related to the public resource trading platforms within their jurisdiction.
The bidding and tendering, finance, land and resources, state-owned assets and other administrative regulatory departments at different levels shall exercise regulation over public resource trading activities within their respective competence.

Chapter II Operation of the Platforms

Article 7 Public resources trading platforms shall be operated in compliance with relevant laws and regulations, the unified trading rules imposed by relevant departments under the State Council and the implementing rules for the administration of platform services laid down by the provincial people's governments.

Article 8 The bidding/tendering of engineering projects as required by relevant laws, the transfer of state-owned land use rights and mining rights, the transactions in state-owned property rights and governmental procurements shall be incorporated into public resource trading platforms.
The relevant departments under the State Council and local people's governments shall strengthen efforts to incorporate other public resource transactions into unified platforms in view of actual situation.
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