Legal analysis: first of all, the budget law and departmental budgeting requirements are not high, resulting in government procurement budgeting is not detailed enough, the government procurement budget can not be broken down to each commodity, each project and service. Taking the 2012 central departmental budget as an example, in the basic expenditure, the government procurement budget is the total budget, which can only be subdivided into the procurement amount of the three major categories of goods, works and services.
Legal Basis: Regulations on the Implementation of the Government Procurement Law of the People's Republic of China
Article 1 In accordance with the Government Procurement Law of the People's Republic of China (hereinafter referred to as the Government Procurement Law), these regulations are formulated.
Article 2 The financial funds referred to in Article 2 of the Government Procurement Law refer to the funds included in the budget management. Borrowed funds with fiscal funds as the source of repayment are regarded as fiscal funds. Where the procurement projects of state organs, institutions and organizations use both fiscal and non-fiscal funds, the Government Procurement Law and these Regulations shall apply to the part of the procurement using fiscal funds; where the procurement of fiscal and non-fiscal funds cannot be divided, the Government Procurement Law and these Regulations shall apply uniformly. The services referred to in Article 2 of the Government Procurement Law include the services needed by the government itself and the public **** services provided by the government to the public.
Article 3 The centralized purchasing catalog includes centralized purchasing agency procurement projects and departmental centralized purchasing projects. Technology, services and other standards are unified, the general use of the purchaser's project, as a centralized purchasing agency procurement projects; the purchaser's own department, the system based on the business needs of the special requirements, can be unified procurement projects, as a centralized departmental procurement projects.
Article IV of the Government Procurement Law refers to centralized purchasing, means that the purchaser will be included in the centralized purchasing directory of items entrusted to the centralized purchasing agency agency procurement or departmental centralized purchasing behavior; the decentralized purchasing refers to the purchaser will be purchasing above the limit of the standard is not included in the centralized purchasing directory of the items of their own purchasing or entrusted to the purchasing agent agent purchasing behavior.
Article 5 The people's governments of provinces, autonomous regions and municipalities directly under the central government or its authorized agencies in accordance with the actual situation, may determine the centralized purchasing catalog and procurement limit standards applicable to the administrative region at the provincial level, the municipal level and the county level, respectively.
Article 6 The financial department of the State Council shall, in accordance with the economic and social development policies of the State, formulate government procurement policies in conjunction with the relevant departments of the State Council, so as to realize the objectives of saving energy, protecting the environment, supporting underdeveloped regions and ethnic minority regions, and promoting small and medium-sized enterprises through the formulation of procurement demand standards, reserving procurement shares, preferential price evaluation, and giving priority to purchases, and other measures.
Article 7 If the government procures works, as well as goods and services related to the construction of works, by means of bidding, the Law of the People's Republic of China on Bidding and Tendering and its implementing regulations shall apply; if other means of procurement are used, the Law on Government Procurement and the Regulations shall apply. The works referred to in the preceding paragraph refer to construction works, including new construction, alteration and expansion of buildings and structures and their related renovation, demolition, repair, etc.; the goods related to the construction of the works referred to are the equipment, materials, etc., which constitute an inseparable part of the works and are necessary for realizing the basic functions of the works; and the services related to the construction of the works referred to are the surveying, designing, supervising, etc., which are necessary to complete the works. Services. The government procurement works and construction-related goods and services, shall implement the government procurement policy.
Article 8 Information on government procurement projects shall be published in the media designated by the financial departments of the people's governments at or above the provincial level. Procurement project budget amount reaches the State Council financial department prescribed standards, the government procurement project information shall be published in the State Council financial department designated media