Administrative Measures for Government Procurement of Services
Administrative Measures for Government Procurement of Services
Administrative Measures for Government Procurement of Services
Order of the Ministry of Finance of the People's Republic of China No.102
January 3, 2020
The Administrative Measures for Government Procurement of Services, which have been deliberated and adopted at the first ministerial meeting on November 19, 2019, are hereby issued for implementation as of March 1, 2020.
Liu Kun, Minister
Administrative Measures for Government Procurement of Services
Chapter I General Provisions
Article 1 The Measures are formulated in accordance with the Budget Law of the People's Republic of China, the Government Procurement Law of the People's Republic of China, the Contract Law of the People's Republic of China and other laws and administrative regulations, in order to standardize the government procurement of services, advance the transformation of government functions, and improve the supply of public services.
Article 2 For the purpose of the Measures, the government procurement of services refers to the activities in which the state organs at all levels have the service items within the scope of their duties and suitable for being provided by the market-oriented approach undertaken by qualified service providers according to certain methods and procedures and make payment to such service providers based on the quantity and quality of services and other factors.
Article 3 The government procurement of services shall follow principles of budget constraint, matter-oriented determination of fees, public selection based on merit, good faith and emphasis of performance.
Article 4 The Ministry of Finance is responsible for formulating the national system for government procurement of services, and guide and supervise the work about the government procurement of services of all regions and departments.
Finance departments of local people's governments at or above the county level are responsible for the administration of government procurement of services within their own administrative areas.
Chapter II Purchasers and Service Providers
Article 5 The state organs at all levels are purchasers of government procurement services.
Article 6 Enterprises, social organizations (excluding mass organizations funded by finance) established in accordance with the law, public welfare institutions of Class II, public institutions engaged in production and operation activities, rural collective economic organizations, grassroots mass autonomous organizations as well as qualified individuals may serve as providers of government procurement services.
Article 7 Providers of government procurement services shall meet conditions specified in laws and administrative regulations about government procurement.
Purchasers may stipulate concrete conditions for service providers in combination with characteristics of service projects to be procured, but shall not breach laws and administrative regulations about government procurement, or unreasonably practice differential or discriminatory treatment for service providers.
Article 8 Public welfare institutions of Class I and mass organizations that implement the staffing of government-affiliated institutions and are funded by finance shall not serve as purchasers and providers of government procurement services.
Chapter III Content and Catalogs of Procurement
Article 9 The services of government procurement include public services provided by the government for the public, as well as ancillary services necessary for the fulfillment of duties by the government.
Article 10 The following items shall not be included into the scope of government procurement of services:
1.
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