Methods for the Administration of Government Purchase of Services (Interim) Article 1 In order to further transform the functions of the government, promote and standardize the purchase of services by the government, and give better play to the decisive role of the market in resource allocation, these measures have been formulated in accordance with the Budget Law of the People's Republic of China (PRC), the Law of the People's Republic of China (PRC) on Government Procurement, the Decision of the Central Government of the PRC on a Number of Important Issues Concerning Comprehensively Deepening the Reform of the PRC (CPC Central Committee Decision on Comprehensively Deepening the Reform), the General Office of the State Council on the Guidelines for the Government to Purchase Services from Social Forces" (Guo Ban Fa [2013] No. 96) and other relevant requirements and regulations, to formulate these measures.
Article 2 The government purchase of services referred to in these Measures means that by playing the role of the market mechanism, a part of the public **** service matters directly provided by the government, as well as the government's performance of duties required service matters, in accordance with a certain manner and procedures, to the social forces and institutions with the conditions to undertake, and by the government according to the contract agreed to pay the cost.
The scope of services purchased by the government shall be determined in accordance with the nature of government functions, and in line with the level of economic and social development. Are affairs management services, should be introduced into the competition mechanism, through the government to purchase services provided.
Article 3 of the government to purchase services to follow the following basic principles:
(a) active and steady, orderly implementation. From a practical point of view, accurately grasp the social demand for public **** services, give full play to the leading role of the government, explore a variety of effective ways to increase the social organizations to undertake government purchased services to support, enhance the equal participation of social organizations to undertake government purchased public **** services to enhance the ability of social organizations to participate in an orderly manner to guide social forces to participate in the supply of services to form a concerted effort to improve the public **** services.
(2) Scientific arrangement, focus on the effect. Highlighting the public **** and public welfare, key considerations, prioritize and improve people's livelihoods are closely related to the transformation of government functions and projects, clear rights and obligations, and effectively improve the efficiency of the use of financial funds.
(C) open and merit-based, to set fees. In accordance with the principles of openness, fairness and justice, adhere to the fee with the matter, through fair competition and selection of the best way to determine the government to purchase services to undertake the main body, the establishment of a dynamic adjustment mechanism of the survival of the fittest.
(D) reform and innovation, improve the mechanism. Adhere to the reform of institutions and social organizations, promote the separation of government affairs, the separation of government and society, relax market access, where the community can do well, are given to the social forces to undertake, and constantly improve the system and mechanism. Article IV The main body of the government to purchase services (hereinafter referred to as the main body of the purchase) is the administrative organs at all levels and institutions with administrative functions.
Article 5 of the party organs, into the administrative establishment management and funding by the financial burden of the group organizations to provide public **** services to the community, as well as the performance of services, can be based on the actual needs of the implementation of the purchase of services in accordance with the provisions of these measures.
Article 6 The main body to undertake the purchase of services by the government (hereinafter referred to as the main body to undertake), including the registration in the registration management department or approved by the State Council exempted from registration of social organizations, according to the reform of the classification of institutions should be assigned to the public welfare of the second category or turned into an enterprise, according to the law, in the industrial and commercial management or industry authorities to register the establishment of the enterprise, institutions and other social forces.
Article 7 The main body of the undertaking shall have the following conditions:
(1) established in accordance with the law, with the ability to independently assume civil liability;
(2) a sound governance structure, and a sound system of internal management and supervision;
(3) an independent and sound system of financial management, accounting, and asset management;
(4) the ability to provide the facilities, personnel and professional and technical capabilities necessary for the service;
(v) has a good record of paying taxes and social security funds in accordance with the law;
(vi) has no major violations of the law in the previous three years, has passed the annual inspection or fulfilled the obligation of annual report disclosure as required, has a good credit standing, and has not been included in the list of business anomalies or the list of serious violations of the law;
(vii) Comply with the state requirements on separation of government affairs, government and society, and separation of government and enterprises;
(viii) Other conditions stipulated by laws and regulations as well as the requirements of the purchased service program.
Article 8 The qualifications and specific conditions of the subject of the undertaking shall be determined by the subject of the purchase in accordance with the provisions of Articles 6 and 7, combined with the specific needs of the content of the purchased services.
Article IX The government shall purchase services in conjunction with the reform of institutions, promote the rationalization of the relationship between institutions and the competent authorities and de-administration, and promote the conditional transformation of institutions into enterprises or social organizations.
Enterprises to undertake the government to buy services, should be in accordance with the "fee with the matter" principle, adjust the financial budget to protect the way, to prevent the emergence of both financial allocations to support people to do things, and at the same time to spend money on the purchase of services.
Article 10 of the main body should be purchased under the principle of fair competition to encourage industry associations and chambers of commerce to participate in undertaking government-purchased services, fostering the development of social organizations to enhance the ability of social organizations to undertake public **** services, and promote industry associations and chambers of commerce and administrative agencies to decouple.
Article XI of the main body of the purchase shall ensure that all types of subjects to undertake equal competition, shall not be unreasonable conditions for the subject of the undertaking of differential discrimination. Article XII of the government to purchase services for the content of the market-oriented approach is appropriate to provide, social forces can undertake the service matters. The government new or temporary, phased service matters, suitable for social forces to undertake, shall be carried out in accordance with the government to purchase services. Services that do not fall within the scope of government functions, as well as services that should be provided directly by the government and are not suitable for social forces to undertake, shall not be purchased from social forces.
Article 13 The finance departments at all levels are responsible for formulating a guiding catalog of government-purchased services at their level, and determining the types, nature and content of government-purchased services.
The financial sector to develop a guiding catalog of government purchase of services, should fully consult the relevant departments, and according to the changes in economic and social development, the transformation of government functions and public demand for timely and dynamic adjustment.
Article 14 Except as otherwise provided by laws and regulations, the following services shall be included in the guiding catalog of government-purchased services:
(a) Basic public **** services. Public **** education, labor and employment, human resources services, social insurance, social assistance, elderly services, child welfare services, services for persons with disabilities, preferential treatment and resettlement, health care, population and family planning, housing security, public **** culture, public **** sports, public **** security, public **** transportation, three rural services, environmental management, urban maintenance and other areas of the field of service matters suitable for social forces.
(ii) social management services. Community building, social organization construction and management, social work services, legal aid, poverty alleviation, disaster prevention and relief, people's mediation, community corrections, mobile population management, resettlement and re-education, volunteer services, operation and management, public *** public service propaganda and other areas suitable for social forces to undertake the service matters.
(3) industry management and coordination services. Industry professional qualifications and level test management, industry norms, industry complaints and other areas suitable for social forces to undertake the service matters.
(D) technical services. Scientific research and technology promotion, industry planning, industry surveys, industry statistical analysis, inspection and quarantine testing, monitoring services, accounting and auditing services and other areas suitable for social forces to undertake the service matters.
(E) auxiliary matters required for the government to fulfill its duties. Legal services, research, policy (legislation) research and drafting argumentation, strategy and policy research, comprehensive planning, standard evaluation indicators, social surveys, conferences, trade and exhibition services, supervision and inspection, assessment, performance evaluation, engineering services, project evaluation, financial auditing, consulting, technical and business training, information technology construction and management, logistics management and other areas suitable for social forces. Service matters.
(f) Other services that are suitable to be undertaken by social forces.
Article 15 The services included in the guiding catalog shall be implemented to purchase services. Article XVI of the purchase of the main body should be based on the purchase of the content of the supply and demand characteristics, the degree of market development and other factors, in accordance with the flexible way, simple procedures, open and transparent, orderly competition, the results of the evaluation of the principle of organizing and implementing the government to buy services.
Article 17 The main body of the purchase shall, in accordance with the relevant provisions of the Government Procurement Law, the use of open tendering, invitations to tender, competitive negotiation, single-source procurement and other ways to determine the main body of the undertaking.
Purchasing limit standards related to government procurement services, public bidding amount standards, procurement method review, information disclosure, questioning and complaints in accordance with the provisions of the relevant legal system of government procurement.
Article 18 The main body of the purchase shall purchase the budget issued, according to the government procurement management requirements for the preparation of government procurement implementation plan, reported to the same level of government procurement supervision department for the record to carry out procurement activities.
The main body of the purchase shall promptly announce to the community the content of the purchase, the scale, the qualification requirements for the main body of the undertaking and the relevant materials to be submitted and other relevant information.
Article 19 of the prescribed procedures to determine the subject of the undertaking, the main body of the purchase shall enter into a contract with the subject of the undertaking, and may be based on the characteristics of the demand for the service project, to take the form of purchase, entrustment, leasing, franchising, strategic cooperation and so on.
The contract shall specify the content, duration, quantity, quality, price and other requirements for the purchase of services, as well as the settlement of funds, the rights and obligations of both parties and the responsibility for breach of contract, etc.
Article 20 The main body of the purchase shall strengthen the purchase of the contract management, supervise the main body of the undertaking to strictly fulfill the contract, and keep abreast of the purchase of the implementation progress of the project, strictly in accordance with the centralized management of payment of the public treasury. The relevant provisions of the contract and the implementation of the progress of payment, and in accordance with the actual needs and contract provisions to actively help the main body of the undertaking to do a good job with the relevant government departments, service recipients of communication and coordination.
Article 21 The main body of the contract shall perform the obligation to provide services according to the contract, conscientiously organize the implementation of the service project, the completion of the service project tasks on time, to ensure that the quantity, quality and effectiveness of services, and take the initiative to accept the relevant departments, service recipients and the community to monitor the subcontracting is strictly prohibited.
Article 22 of the contracted subject to complete the contracted services, the main body of the purchase should be organized in a timely manner to check the performance of acceptance, and based on the current fiscal and financial management system to strengthen management. Article 23 The funds required for the government to purchase services, should be arranged in the existing financial budget. Purchase of the main body should be based on the existing financial arrangements, in accordance with the provisions of the gradual increase in the proportion of government funds to purchase services. The budget has been arranged funds and clear through the purchase of services, according to the relevant provisions of the implementation; the budget has been arranged funds but not yet clear through the purchase of services, according to the actual situation can be transferred to the implementation of services through government purchase.
Article 24 The main body of the purchase shall give full play to the competent industry departments, industry organizations and professional consulting and assessment agencies, experts and other professional advantages, combined with the characteristics of the project and the relevant funding budget, integrated prices, wages, taxes and other factors, a reasonable estimate to arrange for the government to purchase the services required to spend.
Article 25 The financial sector in the layout of the annual budgeting work, should be the purchase of services related to budgetary arrangements for clear requirements, in the budget statement to develop a special purchase of services project table.
The main body of the purchase shall fill in the purchase of services project form as required, and will be included in the centralized purchasing catalog or procurement limit standard above the government purchase of services project at the same time reflected in the government procurement budget, and departmental budgets together with the financial department for review.
Article 26 of the financial sector responsible for the management of government purchased services of the agency responsible for the purchase of the main body to fill in the government purchased services project form for review.
Article 27 of the financial sector after the audit of the purchase of services project form, with the departmental budget approval and issued to the relevant purchasing body. Purchase of the main body should be issued in accordance with the financial sector to purchase services project form, the organization and implementation of the purchase of services.
Article 28 The main body of the contract shall establish the government to purchase services account, record the relevant documents, work plans and programs, projects and funds approved, project progress and funds disbursed, the work of the report summarizes the major activities and other relevant information, acceptance and cooperation with the relevant departments of the use of funds to supervise and inspections and performance evaluation.
Article 29 The main body of the contract shall establish and improve the financial system, strict compliance with relevant financial regulations, the purchase of services for the project funds to standardize the financial management and accounting, and strengthen its own supervision to ensure that the funds standardized management and use.
Article 30 The main contractor shall establish and improve the financial reporting system, as required to purchase the main body to provide funds for the use of materials, project implementation, summary of results. Article 31 The financial sector shall, in accordance with the requirements of the establishment of the whole process of budget performance management mechanism, strengthen the cost-benefit analysis, and promote the performance evaluation of government purchased services.
The financial sector should promote the establishment of a comprehensive evaluation mechanism consisting of the main body of the purchase, the service recipients and professional organizations to promote third-party evaluation, in accordance with the process of evaluation and evaluation of results, short-term evaluation of the effect of evaluation and long-term evaluation of the effect of evaluation, evaluation of the social benefits of the evaluation of the economic benefits of evaluation of the combination of the principles of the purchase of the number of projects, the quality of the service and the use of funds to assess the evaluation of the performance of the project. Evaluation results as an important reference basis for selecting the main undertaking.
Article 32 of the financial, audit and other relevant departments shall strengthen the supervision and audit of the government purchase of services to ensure that the government purchase of service funds standardized management and rational use. The interception, misappropriation and retention of funds and other violations of the provisions of these measures, in accordance with the "Chinese People's *** and the State Government Procurement Law", "Regulations on Penalties and Sanctions for Fiscal Violations," and other relevant provisions of the State shall be held legally responsible; suspected of committing a crime, shall be transferred to the judicial organs for processing.
Article 33 of the civil affairs, business administration and industry supervision and other departments shall, in accordance with the division of responsibilities to undertake the main body to undertake government procurement services credit record into the annual inspection (report), assessment, law enforcement and other regulatory systems, and constantly improve the incentives for trustworthiness and failure to penalize the mechanism.
Article 34 The main body of the purchase shall strengthen the service project standard system construction, scientific setting of service demand and target requirements, the establishment of the service project pricing system and quality standard system, and reasonable preparation of normative service standard text.
Article 35 The main body of the purchase shall establish a monitoring and inspection mechanism to strengthen the supervision of the whole process of government purchased services, and actively cooperate with the relevant departments to undertake the main body of the undertaking of government purchased services into the annual inspection (report), assessment, law enforcement and other regulatory systems.
Article 36 The financial sector and the purchasing body shall, in accordance with the "Chinese People's *** and the State Government Information Disclosure Regulations", "Measures for the Administration of Government Procurement Information Bulletin" and the relevant provisions of the budget disclosure of the financial budget and the departments and units of the government purchase of services activities related to the information, except for information relating to state secrets, commercial secrets and personal privacy.
Article 37 The financial sector shall, in conjunction with the relevant departments, the main body of the purchase to establish the main body of the undertaking to undertake the purchase of government services credit record, fraud, fraudulent use of financial funds, as well as other violations of law, the main body of the undertaking, according to the law to give administrative penalties, and included in the blacklisting of government purchased services. Article 38 These measures shall be interpreted by the Ministry of Finance in conjunction with relevant departments.
Article 39 These Measures shall come into force on January 1, 2015 .