Decree No. 101 of the Ministry of Finance of the People's Republic of China -- Administrativee

Measures for the Administration of Government Procurement Information Release have been reviewed and adopted by the Ministerial Meeting of the Ministry of Finance and are hereby promulgated and will come into force as of March 1, 2020.

Minister Liu Kun

November 27, 2019

Measures for the Administration of government procurement information release

Article 1 These Measures are formulated in accordance with the Government Procurement Law of the People's Republic of China, the Regulations on the Implementation of the Government Procurement Law of the People's Republic of China and other relevant laws and administrative regulations in order to regulate the release of government procurement information and improve the transparency of government procurement.

Article 2 These Measures shall apply to the release of government procurement information.

Article 3 The term "government procurement information" as mentioned in these Measures refers to the public bidding announcement, pre-qualification announcement, single-source procurement announcement, winning bid (transaction) result announcement, government procurement contract announcement and other government procurement project information that should be made public in accordance with the relevant legal system of government procurement. And complaints processing results, supervision and inspection processing results, centralized procurement agency assessment results and other government procurement supervision information.

Article 4 The release of government procurement information shall follow the principles of unified format and standardization, relatively concentrated channels, and easy access.

Article 5 The Ministry of Finance guides and coordinates the release of government procurement information nationwide, and supervises and manages the release of government procurement information by the central budget unit in accordance with the relevant provisions of government procurement laws and administrative regulations.

The financial departments of the local people's governments at various levels (hereinafter referred to as the financial departments) shall supervise and administer the government procurement information release activities of the budget units at the same level.

Article 6 The Ministry of Finance shall supervise and administer the Chinese government procurement network. The financial departments at the provincial level (autonomous regions, municipalities directly under the Central Government, cities separately listed under the plan) shall supervise and manage the provincial sub-networks of the Chinese government procurement network.

Article 7 Government procurement information shall be prepared in accordance with the format prescribed by the Ministry of Finance.

Article 8 The government procurement information of the central budget unit shall be published on the Chinese government procurement network, and the government procurement information of the local budget unit shall be published on the provincial branch network of the Chinese government procurement network of the administrative region where it is located.

In addition to the Chinese Government procurement website and its provincial branch network, government procurement information can be simultaneously released in other media designated by financial departments at or above the provincial level.

Article 9 The financial department, the purchaser and the procurement agency entrusted by them (hereinafter referred to as the issuing body) shall be responsible for the authenticity, accuracy and legality of the government procurement information provided by them.

The Chinese Government Procurement network and its provincial branch networks and other media designated by financial departments at or above the provincial level (hereinafter referred to as designated media) shall be responsible for the timeliness and completeness of the release of government procurement information received by them.

Article 10 The publishing entity shall not have false and misleading statements in the release of government procurement information, and shall not omit matters that must be disclosed according to law.

Article 11 The publishing entity shall ensure that the content of the same government procurement information published in different media is consistent.

If the content and time of the same government procurement information published in different media are inconsistent, the information published on the Chinese Government procurement website or its provincial branch network shall prevail. If it is published on the Chinese Government Procurement website and the provincial sub-network at the same time, the information published on the Chinese Government Procurement website shall prevail.

Article 12 The designated media shall take necessary measures to verify the identity of the main body releasing government procurement information.

Article 13 The designated media shall publish the government procurement information received in a timely manner.

The Chinese government procurement network or its provincial branch network shall publish the government procurement information within 1 working day after receiving it.

Article 14 The designated media shall strengthen security protection to ensure that the government procurement information released is not tampered with or omitted, and shall not delete or modify the information content without authorization.

Article 15 The designated media shall provide information publishing services free of charge to publishing entities, and shall not charge market entities and the public for information access.

Article 16 Where a purchaser or its entrusted procurement agency fails to publish information on government procurement projects on the designated media according to law, legal responsibilities shall be investigated in accordance with Article 68 of the Regulations on the Implementation of the Government Procurement Law.

Where the purchaser or the procurement agency entrusted by it violates the provisions of these Measures in other ways, the financial department at or above the county level shall order rectification within a time limit according to law, give a warning, and the person in charge directly responsible and other persons directly responsible shall be advised to the competent administrative department or relevant authorities to deal with the matter according to law and regulations, and notify them.

Article 17 Where the designated media violates the provisions of these Measures, the financial department at or above the provincial level that implements the designated act shall order rectification within a time limit according to law, and the person in charge directly responsible and other persons directly responsible shall be advised to handle the matter according to law by the competent administrative department or relevant authorities, and shall be notified.

Article 18 Where the financial department and its staff have illegal and disciplinary acts such as lazy administration, abuse of power, dereliction of duty, favoritism and malpractice in government procurement information release activities, The government Procurement Law of the People's Republic of China, the Civil Servant Law of the People's Republic of China, the Supervision Law of the People's Republic of China, the Regulations on the Implementation of the Government Procurement Law of the People's Republic of China and other relevant state provisions shall be held accountable; Those suspected of committing crimes shall be transferred to relevant state organs for handling according to law.

Article 19 Release of information on secret-related government procurement projects shall be carried out in accordance with the relevant provisions of the State.

Article 20 Provincial financial departments may formulate specific implementation measures in accordance with these Measures.

Article 21 These Measures shall come into force as of March 1, 2020. The Measures for the Administration of Government Procurement Information Announcement promulgated by the Ministry of Finance on September 11, 2004 (Ministry of Finance Order No. 19) shall be repealed simultaneously.