Laws of the People's Republic of China

The Ministry of Finance

Order of the Ministry of Finance of the People's Republic of China

No. 19

Administrative Measures for Government Procurement Information Announcements discussed and adopted at the executive meeting, are hereby promulgated and shall come into force as of the day of September 11, 2004.

Minister, Jin Renqing

August 11, 2004

Administrative Measures for Government Procurement Information Announcements ContentsChapter I General Provisions

Chapter II Scope and Content of Government Procurement Information Announcements

Chapter III Management of Government Procurement Information Announcements

Chapter IV Management of Designated Media for Releasing Government Procurement Information

Chapter V Legal Liabilities

Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1

With a view to regulating the government procurement information announcements, improving the transparency of government procurement activities and promoting fair competition, the present Measures are formulated in accordance with the Government Procurement Law of the People's Republic of China.

Article 2

The term "government procurement information" refers to the laws, rules, regulations and other regulatory documents governing the government procurement activities, as well as the general name of data and materials reflecting the status of government procurement activities.

The term "government procurement information announcements" means, in accordance with the present Measures, the release of the government procurement information that shall be announced through the media as designated by the finance departments for releasing government procurement information.

Article 3

All purchasers or procurement agencies shall make announcements about the government procurement information in accordance with the laws and administrative regulations on government procurement and the present Measures.

The term "procurement agencies" as mentioned in the preceding paragraph refers to the central purchasing institutions and other lawfully accredited purchasing institutions.

Article 4

The government procurement information announcements shall follow the principles of timely information release, standard and uniform content, relatively central channels and convenience in obtaining and searching.

Article 5

The finance departments at or above the county level shall be responsible for supervising, inspecting and managing the activities of making announcements about the government procurement information. The following functions, however, shall be performed by the province-level finance departments or above:

(1)

Determining the scope and content of government procurement information that shall be announced;

(2)

Designating, supervising and inspecting the media responsible for releasing the government procurement information.

Article 6

The Ministry of Finance shall be responsible for determining the basic scope and content of government procurement information announcements and shall designate the media for releasing national government procurement information.

The finance departments at the provincial level (including those of the cities under separate state planning, and the same below) shall be responsible for determining the scope and content of government procurement information announcements in their local region, and may designate media to release local government procurement information.

Except the Ministry of Finance and the province-level finance departments, no other entity or individual may designate government procurement information release media.

Article 7

The government procurement information shall first be announced through the government information release media as designated by the Ministry of Finance.

The local government procurement information may be simultaneously announced through the government information release media as designated by the province-level finance departments.

Chapter II Scope and Content of Government Procurement Information Announcements

Article 8

The following government procurement information must be announced unless it involves the state secrets, business secrets of the suppliers, or unless it shall be kept confidential under the relevant laws and administrative regulations:

(1)

Relevant laws, rules, regulations and other regulatory documents governing the government procurement;

(2)

The central procurement lists, government procurement quotas and bid quotas as announced by the people's governments at the provincial level or above;

(3)

The directory of the agencies undertaking the bid business of government procurement;

(4)

The bidding and tendering information, including the announcements of public bid, announcements of preliminary examination of bidders' qualifications, bid award announcements, transaction results and corrected items;

(5)

The contact forms of the finance departments to accept government procurement complaints and the decisions to tackle complaints;

(6)

The evaluation results concluded by the finance departments over the central procurement institutions;

(7)

The name list of procurement agencies and suppliers with records of misconducts; and

(8)

Other government procurement information that shall be announced in accordance with the laws, rules and regulations.

Article 9

Besides the contents as listed in Article 8 herein, the finance departments at the provincial level or above may, in light of the needs of management, increase the contents of government procurement information necessary to be announced.

Article 10

The announcement of a public bid shall include the following:

(1)

The names, addresses and contact forms of the purchaser and procurement agency;

(2)

The name, uses, quantity, brief technological requirements or nature of the bidding project;

(3)

The qualification requirements for the suppliers;

(4)

The date, place and way for obtaining the bid documents and the price of the bid documents;

(5)

The deadline for submitting bids, the bid opening date and place; and

(6)

The name and telephone number of the contact person of the procurement project.

Article 11

An announcement of preliminary examination of bidders' qualifications shall contain the following:

(1)

The names, addresses and contact forms of the purchaser and procurement agency;

(2)

The name, uses, quantity, brief technological requirements or nature of the bidding project;

(3)

The qualification requirements for the suppliers;

(4)

The deadline for submitting the applications for qualification examination and certification materials, and the date of qualification examination; and

(5)

The name and telephone number of the contact person of the procurement project.

Article 12

A bid award announcement shall contain the following:

(1)

The names, addresses and contact forms of the purchaser and procurement agency;

(2)

The name, uses, quantity, brief technological requirements and execution date of the contract;

(3)

The award date (giving a clear indication of serial number of the bid documents);

(4)

The date of the announcement of the bidding project;

(5)

The name, address and award amount of the supplier as the bid winner;

(6)

The name list of the members of the bid evaluation board; and

(7)

The name and telephone number of contact person of the purchase project.

Article 13

An announcement releasing corrected procurement information shall include the following:

(1)

The names, addresses and contact forms of the purchaser and procurement agency;

(2)

The name of the procurement project in the original announcement and the date of the first announcement;

(3)

The corrected items, content and date; and

(4)

The name and telephone number of contact person of the procurement project.

Article 14

An announcement about the name list of procurement agencies and suppliers with records of misconducts shall contain the names of the parties concerned, reasons, handling organ and results, etc.

Article 15

An announcement about a decision to tackle complaints shall contain the following:

(1)

Names of the purchaser and procurement agency;

(2)

The name and date of the procurement project;

(3)

The name of the complainant and the matters to complain about;

(4)

The name of the complaint handling organ; and

(5)

The main content of the decision to tackle the complaints.

Chapter III Management of Government Procurement Information Announcements

Article 16

The government procurement information in an announcement shall be genuine, exact and reliable. It shall not contain any false and misleading statement, nor may it leave out any matter that shall be announced in accordance with the law.

Article 17

When the same piece of government procurement information is announced through different media as designated for releasing the government procurement information, their content shall be consistent with each other. If their content is inconsistent with each other, the information on the media as designated by the Ministry of Finance shall prevail unless the law or administrative regulation provides otherwise.

Article 18

If the same piece of government procurement information is announced at different times on different media as designated for releasing the government purchase information, the time when the media as designated by the Ministry of Finance made the first information announcement shall be the announcement time and shall be the time when the government procurement parties concerned should know about the pertinent matters.

Article 19

The government procurement law, rules and regulations and other regulatory documents, central procurement lists, government procurement quotas, pubic bid quotas and other relevant information shall be announced by the media as designated by the finance departments of the province-level people's governments for releasing the government procurement information.

Article 20

The purchasers and their authorized procurement agencies shall be responsible for releasing the bidding and tendering information on the media as designated for releasing the government procurement information.

Article 21

The evaluation results of the central purchase institutions, the name list of the procurement agencies and suppliers with records of misconduct shall be announced by the finance departments of the people's governments of the same level through the media as designated for government procurement information in the light of the relevant provisions.

Article 22

With regard to the information that is not provided in Articles 19 through 21 herein, if it relates to the government purchase supervision and management, it shall be announced by the finance departments of the people's governments of the same level; if it relates to the purchase business, it shall be announced by the purchasers and their authorized procurement agencies.

Article 23

Where a purchaser or procurement agency needs to announce the government procurement information, it shall offer such information to the media as designated for releasing the government procurement information by fax, e-mail and other shortcuts, or via the finance department of the people's government of the same level.

Chapter IV Management of Designated Media for Releasing Government Procurement Information

Article 24

The media as designated for releasing the government procurement information shall be responsible for undertaking the specific matters of releasing the government procurement information as provided in the present Measures.

The media as designated for releasing the government procurement information shall embody the principle of public good when making announcements about the government procurement information.

Article 25

The media as designated for releasing the government procurement information shall announce the information according to the content of the information offered by the information provider. If the information is too lengthy, however, the media as designated for releasing the government procurement information may shorten and adjust it properly in light of the uniform technical requirements, but may not change the substantial content of the information offered by the information provider.

Article 26

Where a medium as designated for releasing the government procurement information finds that the information offered by an information provider is in violation of the law, rules and regulation, and the present Measures, it shall timely propose that the information provider shall revise the information. If the information provider refuses to revise it, the medium as designated for releasing the government procurement information shall report to the finance department of the people's government of the same level with the information provider.

Article 27

Among the media as designated by the finance departments for releasing the government procurement information, the internet media shall announce the information through the internet within 1 working day after they receive the to-be-announced information; the newspapers shall announce the information within 3 working days after they receive the to-be-announced information; the magazines shall timely publish the pertinent to-be-announced information.

Article 28

The media designated for releasing the government procurement information shall classify and count the government procurement information announced by them and shall timely submit the pertinent results to the finance departments of the people's governments of the same level.

Article 29

A medium as designated for releasing the government procurement information shall make public its name and contact form. If there is any change to its name and contact form, it shall timely make an announcement to the public and shall put it on record in the finance department that designated it to be responsible for releasing the government procurement information.

Chapter V Legal Liabilities

Article 30

A purchaser or procurement agency that is under any of the following circumstances shall be ordered to make corrections within the prescribed time-limit and be given a warning by the finance department at the county level. The direct liable person-in-charge and other directly responsible personnel shall be given a sanction and a notice thereof shall be made public and circulated by the administrative department or relevant organ:

(1)

Failing to announce the government procurement information that should be released;

(2)

Failing to announce the information in the first place through the media as designated by the Ministry of Finance for releasing the government procurement information or through the media as designated by the finance department for releasing the government procurement information;

(3)

The content of the government procurement information is clearly in violation of the provisions of the present Measures;

(4)

There is any obvious discrepancy in the substantial content of the same piece of information announced by two or more media designated for releasing the government procurement information; or

(5)

Failing to announce the information within the prescribed time limit.

Article 31

Where a purchaser or procurement agency is under any of the following circumstances, its purchase shall be null and void, and it shall be given a warning and be criticized by the finance department at the county level by circulating a notice. If the government procurement agency is liable and the circumstances are serious, it shall be disqualified from undertaking the relevant businesses:

(1)

Restricting or repulsing the prospective bidders by using unreasonable requirements in the bid information; or

(2)

The announced information isn't genuine. It contains false or deceitful content.

Article 32

Where a medium designated for releasing the government procurement information is under any of the following circumstances, it shall be given a warning by the finance department of the people's government at provincial level or above; when the circumstances are serious, it shall, in pursuance of the law, be disqualified from acting as a medium designated for releasing the government procurement information; if it gives rise to any pecuniary losses, it shall bear the corresponding liability to pay compensation according to the law:

(1)

Charging information announcement fee in violation of the beforehand stipulation or in a disguised form;

(2)

Refusing to announce the information offered by an information provider without any reasonable ground;

(3)

Delaying the time for releasing the government procurement information without any reasonable ground;

(4)

Changing the substantial content of the information offered by an information provider while announcing the government procurement information; or

(5)

Other acts against the management of government procurement information.

Article 33

Any entity or individual who illegally interferes with the release of government procurement information shall be ordered to make corrections within a time-limit and be given a warning by the finance department of the people's government at provincial level or above; if it or he refuses to make corrections, it or he shall be transferred to the relevant organ and be subject to an obligation or prosecution in pursuance with the law.

Article 34

Any entity or individual who finds that the release of government procurement information does not conform to the present Measures, it or he shall be entitled to file a complaint to and inform the finance department of the people's government at the same level. The relevant department shall handle it in accordance with the law.

Chapter VI Supplementary Provisions

Article 35

The finance departments at the provincial level may formulate specific implementation measures in accordance with the present Measures.

Article 36

The present Measures shall go into effect as of September 11, 2004. The Administrative Measures for Government Procurement Information Announcements (No. 7[2000]) issued by the Ministry of Finance on September 11, 2000 shall be abolished simultaneously.