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 Wysłany: Wto 22:35, 26 Kwi 2011 Temat postu: _4010 Government Procurement System in China |
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System of Government Procurement
First, the implementation of the government procurement system of the significance and role (a) government procurement and government procurement system Government Procurement (also known as public procurement) is the government at all levels in order to carry out the daily administrative activities to provide public services or for the needs of the manner and in accordance with legal procedures, purchase of goods and services act. compared with the general procurement, government procurement has the following characteristics: 1. Procurement funds mainly for government funds; 2. The main purpose is to achieve the procurement of government functions; 3. Procurement of a wide range of large scale; 4. Requirements of the procurement process to more fully reflect the fair, just and open manner; 5. Government procurement system is generally a certain period of around certain goals set, with a strong policy. government procurement system is a series of government procurement regulations, policies and systems in general. The basic contents of the following four areas: 1. Government procurement regulations: mainly for developed countries for their national conditions, respectively, the 2. Government procurement policy: that the purpose of government procurement, procurement division of authority, procurement, establishment of control objectives, the scope of government procurement, procedures, principles, ways and means, information disclosure requirements. 3. Government procurement process: the purchase of goods or services that the government unit purchase plan formulation, approval, procurement contract, to determine the price, performance time, place, manner, and breach of contract and other requirements. 4. Government Procurement Management: the management of government procurement principles, modalities, regulatory agencies, review bodies and arbitration settings, coordination and controversy and dispute settlement and so forth. (b) Establishing the significance of government procurement system and the role of to establish and implement the government procurement system in China has just started, but the behavior of government spending in the government procurement is persistent. According to official estimates, in recent years, China's government procurement average daily volume reached 20 million yuan, more than 7,200 billion yuan of total government procurement. For a long time, China's government procurement budget allocation for the post-performance of the decentralized procurement entities in the form of purchase. Namely: the budget by the finance department on an annual basis and the progress of the budget units of money appropriated funds layers, all spending units required to buy their own. This is the traditional planned economy system, in which the use of government financial resources management, reflected in the strict approval of the materials. However, in the socialist market economy system, the behavior of the traditional government procurement methods and the On the one hand, the socialist market economy booming, a buyer's market and gradually growing and expanding, the purchasing entity's autonomy significantly expanded the scope of government procurement involves more extensive; the other hand, the market economy of government expenditure management system has not been established, the Financial supervision and management mechanism for the use of funds ineffective. Inevitably result in the actual operation of non-standard procurement practices; inefficient use of capital expenditures; the procurement process for departments or small group interests and cause various degrees of . Therefore, to explore and establish a government procurement system is the system transformation in the budget necessary requirement for expenditure management reform, and reform of government institutions has also asked the Government to change the socio-economic management functions of the socialist market economy calls for the government procurement system The establishment of sound and perfect. 1. Establish a government procurement system is to strengthen the socialist market economy needs government regulation. The healthy operation of a modern market economy requires the allocation of resources to the main market, strengthen the country's macro-control. Fiscal policy and monetary policy of the Government to achieve two major macro-control policy tools. Among them, the government procurement system is an important component of fiscal policy. As the number of government procurement, variety and frequency affect the total amount and structure of fiscal expenditure, reflecting a certain period of fiscal policy, government procurement policies to regulate the economy through a certain period of smooth, economic fluctuations, play control the national economy, The role of volume and structure. Meanwhile, the government procurement policy or the Government intended to reflect, to a certain policy goals. Such as: Government bond market through the purchase of government with a policy bias in support of national industry development; balance regional disparities; handling inventory, keep prices low, maintaining the interests of producers and consumers, and so on. 2. Establish a government procurement system is a socialist market economy, the objective to strengthen expenditure management requirements. China's economic system, the transition from a planned to a market, wedging the market mechanism and the law of value, the pursuit of expenditure is the expenditure management, maximize the benefits of the fundamental objectives. While the market economy is the legal economy, and its management methods must conform to requirements of legalization and standardization. Government procurement system to a system of regulations to strengthen the financial resources of government to the physical form by the form of value change process. Supervision and management to effectively restrict and regulate the government purchases. Financial resources for conservation, improve capital efficiency and strengthen management of state assets is important, is to improve and perfect the important measure of fiscal policy. Construction of an objective for China's national conditions conducive to the efficient allocation and use of government funding mechanism, so as to achieve economies of scale and the pursuit of government expenditure, the marginal benefit. 3. Establish a government procurement system is the development of international and domestic markets, strengthen the national economy the inevitable choice. With the development of a modern market economy, international economic integration uncertain. In 1996, our government submitted to the APEC Individual Action Plan no later than 2020, clearly indicated to all members of the Asia-Pacific Economic Cooperation Organization and other open government procurement markets. Therefore, the establishment and implementation of China's government procurement system waits for no man. It helps to get our country from the international market with cheap products and services, implementation of international trade, Also help to use from now to officially open the government procurement market of the time difference between training and training of domestic enterprises, and gradually adapt to international practices, with an open attitude to meet international challenges. 4. Implement the government procurement system is corrosion-corruption, rectify the financial order of the important supporting measures. Government procurement system is conducive to the establishment of a mechanism for anti-corruption, so that exposure to acts of government procurement, finance, auditing, suppliers and the public a full range monitoring mechanisms which, in an open, fair and transparent environment to operate effectively inhibited Among a variety of public procurement corruption, help maintain the government's reputation, maintaining a good image of honest and dedicated government officials. Second, government procurement, international practices and Inspiration government procurement system originated in Europe. Starting from the 18th century, Western countries gradually began to implement the government procurement system, to develop appropriate laws and regulations and establishment of regulatory bodies, government procurement, the subject gradually by the central government, local government extended to other public service organizations, and one for government intervention in the economy kinds of means. Portland had nearly a world, the government procurement system is that most countries manage to introduce a market economy the basic way of direct government spending, and has been extended to international trade. WTO's (a) foreign government procurement system, a common practice 1. Government procurement system of the basic principles and objectives. Its principles are: the principle of maximum monetary values (ie, to achieve equivalent exchange, value for money, the lowest cost inputs, to meet the requirements of all residents and taxpayers); ; the principle of competition (as inspired full competition between domestic and foreign businesses). Objectives of government procurement system varies in different historical periods. In particular the development of modern market economy, the government's economic functions of the content of the expansion of government procurement for government intervention in the economy, an important tool for the implementation of macro-control. More diversified objectives of government procurement, such as the protection of national common national industry regulator to run the national economy and promote employment. 2. Basic mode of government procurement. Concentration of government procurement can be divided into three procurement model: centralized procurement, that is, by a specialized agency responsible for all procurement, such as the level of government in Hong Kong); decentralized procurement, which limited the centralized procurement of goods, other items by the spending department in accordance with government regulations decentralized procurement (such as Singapore). 3. Government procurement methods. Including procurement and non-tender bidding and purchasing two. Bidding large proportion of them, and the threshold price is lower. It also includes an open tender, selective tender, restricted tender few. The latter two are generally used in special circumstances. Such as the purchase of existing equipment supporting parts, purchase patent products. Non-specific flexible bidding, such as two-stage procurement, procurement, competitive negotiation procurement, procurement and small purchases such as a single. 4. Management of government procurement agencies. In general, the management of government procurement agencies are located in the Government's financial sector, the respective rights vary from country to country because of its purchasing patterns differ. Main responsibilities include: procurement budget, the development of procurement regulations, procurement services for government coordination and management, procurement statistics, procurement analysis and evaluation, direct procurement. Most of the international policy-making bodies and the country will be the executing agency separate from the policy set. 5. Disputes and arbitration. Arbitration body can be divided into the grounds of Government Procurement is responsible for the financial sector (such as: Singapore, South Korea, etc.), an independent arbitration body (such as: Canada, Japan, etc.) and local courts are responsible for three categories. The way to resolve the dispute by way of adjusting the negotiated settlement and arbitration. 6. Relevant laws and regulations. To strengthen management and supervision of government procurement, countries with a complete set of legal system (such as the United States, The basic laws of States which the government procurement law and contract law, while also supporting a large number of relevant laws and regulations. (b) the international market, the Government Procurement Agreement current international governments of various countries concerned to ask the Government Procurement Agreement are on the scope of government procurement, national treatment and non-discriminatory treatment to developing countries special and differential treatment, technical requirements, voting procedures, procurement information release, dispute settlement and other issues detailed specifications. (c) of the international practices on China's basic inspiration 1. Governments in principle, although no major procurement system out, but the specific measures are different approaches. Government procurement, operation mechanism, regulatory agencies, arbitration sector, and procurement methods also have their own characteristics. This shows that without some type of government procurement system, it is the long-term practice of governments for their national conditions and gradually formed the government procurement system. Therefore, the implementation of China's government procurement system in the establishment, there is no ready-made model can be copied, but must be based on national conditions, while some apply to practices of foreign countries, to establish a government procurement system with Chinese characteristics. 2. States in the implementation process of the government procurement system, although the specific measures vary, but have a set of procedural laws and regulations, as the government procurement process and management process of the. Construction of legal system first. Strengthening the construction of the relevant legislation, improve the legal environment is to implement the government procurement system can not be ignored. 3. At present, some developing countries recognize the international procurement market a significant impact on the domestic economy into the ranks of the WTO observers. China should also apply for an observer, to keep abreast of the latest WTO study to adjust their strategies are prepared to fight. 4. Governments in the implementation of the government procurement system before and after, there is a protection of national industry, and guide the domestic procurement measures. Therefore, opening of government procurement markets in the process, the cautious attitude should be taken conditionally open, it is necessary to apply the principles of market access, and international practice; also offers access to international regulations and policies to limit the degree of market opening and scope to provide effective protection for domestic enterprises. Third, China's government procurement system in the framework of the design (-) to develop the basis for our government procurement system and principles based on the socialist market economy theory, drawing on international practice, from the existing laws, regulations and policies of departure, based on national conditions of China's government procurement system design. System development should follow the following principles: 1. Must reflect the system containing the basic principle that: 2. Must comply with China's national conditions, feasible. 3, should give full consideration to national treatment and protection of national industry. 4. System should be designed to reflect the separation of enterprise from giving priority to efficiency, system science, and can play a coordinating role in all aspects of the national economy. (b) of the basic framework of government procurement system 1. The scope of government procurement system and content (1) the scope of government procurement system. China's government procurement system should determine the scope of any government funds for the various administrative units. These include: various types of organs, administrative organs, judicial organs, institutions and so on. Internationally, many countries state-owned enterprises into the scope of the government procurement system, according to China's national conditions, we think: As the number of large state-owned enterprises in China and the situation is complex, from a longer term, should not be included in the government procurement system scope of application, both for the state-owned enterprises to operate independently to prevent the reversion of administrative intervention in enterprises, but also conducive to the government procurement system is relatively independent of economic laws in accordance with their own sound operation. (2) the contents of the government procurement system. All arrangements with government funds and the required amount of purchases, except those involving national security and as otherwise provided, shall be included in the scope of government procurement. In view of the actual situation in China should be based on the current contents of the pilot, and gradually expand the scope, covering all should be included until the scope of government procurement of goods, works and services. 2. Government procurement funding sources of government procurement funds that the Government funds. We think: sources of funding of government procurement should be defined as all government funds. The so-called government funds means that the Government made all kinds of free and paid money, the standard is whether the definition and use of government control. Include: budget for the funds at all levels, need to purchase a unit of goods or services received extra-budgetary funds, own funds and other income, domestic and foreign loans, donations, government at all levels of the other funds. 3. Government procurement model from China's actual situation, the very different economic base around the same time, in order to facilitate the Government to grasp the macro-control point, to a greater extent to save money, mobilize the enthusiasm of all supply and demand, the implementation of the government procurement system in China, and its choice of procurement should be centralized and dispersed to focus on the main mode of binding. Conditional units authorized in the relevant departments under the premise of decentralized procurement. 4. Government procurement procedures (1) choose the government procurement. Government procurement can be divided into two categories: non-tender procurement and tendering of the procurement. The implementation of the government procurement system from our point of view, should be selected by competitive bidding procurement method based, matched other procurement methods. (2) The so-called The different national conditions, its per capita GDP, vary greatly, countries in determining the the price allowed to adjust. (3) supplier qualification. Zhuang in China and abroad who registered on the enterprise, companies and other providers of goods, works, services, natural and legal persons are eligible to become a supplier of China's government procurement. In order to protect national industry and support the development of state-owned enterprises as well as domestic macroeconomic regulation and control and optimize the industrial structure adjustment, China should be relatively long period of time (eg 15 to 20 years) should be limited to domestic suppliers, until the conditions are ripe, and then gradually open to foreign. (4) the signing of government procurement contracts and compliance. A government procurement matters ultimately determine the form of government procurement contracts by both parties (or parties) Zequan Li between the parties, the government procurement contracts, the way to the end of execution of the contract parties (or parties) of any party of your civil law. (5) the release of government procurement information. Requirements under the government procurement system will be related to competitive procurement standards need to bidding by the government more unified procurement information, or the performance of a government procurement contract details of the designated national newspapers and magazines or newspapers and specialized information on government procurement published notice, which is open, fair, an important manifestation of the principle of impartiality. 5. Government procurement system, the operating mechanism (1) the choice of the government procurement management agencies. We believe that governments at all levels should be established Committee on Government Procurement, is responsible for government procurement regulations, policy formulation, revision and monitor implementation. The agency can not specifically set, but by the relevant departments (including: the financial sector, Economic and Trade Commission, line pipe sector, Planning Commission, foreign trade, auditing, business, court, etc.) involved in the coordination body. International experience, operational management of government procurement to consider stronger, large allocation of funds, needs to reflect the characteristics of the Government's intention, therefore, could be considered a permanent establishment located in the financial sector (known as Government Procurement Management Office), Its main functions are: development of government procurement expenditure policy, issued a procurement plan, procurement, budget review, approval and disbursement of Caigou models, the development of procurement regulations and the system, coordinate the relationship between the relevant departments. (2) set solely on the daily affairs of government procurement, According to our country, should set up a special government procurement center (or called the Government Procurement Company), the nature of the cause is non-profit corporation, under various levels of government, to accept the business guidance and financial sector supervision,[link widoczny dla zalogowanych], and its main duty is to the organization and management levels of government assigned the medium-sized works, goods and services, procurement services; unified organization and management of administrative units to focus on procurement of goods, works and services; commitment by the Government Procurement Committee commissioned an independent buying qualification into the waves to cancel the procurement of other organs procurement; on decentralized procurement is authorized to conduct procurement activities department or unit record management and supervision. Government Procurement Center and the government procurement management agencies is a principal-agent relationship between the various departments can also accept direct commission or unit procurement activities; due to the specific procurement of goods (services) and engineering factors, the center also can be secondary commission, such as: professional intermediaries engaged in the commission of specific procurement. No matter how long this chain commissioned, the commissioning party and the trustees must follow the principle of government procurement. agency is qualified with the independent exercise of the various procurement government procurement office, or have the ability to engage in the business and the qualification by the Government Procurement Center and other institutions authorized, in accepting commissioned by the Government Procurement Center premise, mainly through competitive bidding or other effective means. Selection of qualified suppliers recommended to the user at the same time, government procurement centers receiving feedback about the parent supplier of goods (services) specified in the quality or tender problems related to indicators of complaints and is responsible for the supplier to provide arbitration consultation as well as attending the proceedings. (3) government procurement and dispute arbitration organizations to choose. According to China's national conditions, the government procurement process of contract disputes, disputes by arbitration local industrial and commercial administrative departments, such as refuse to accept the arbitration may be conducted by the local court decision; other disputes by the judiciary at all levels of coordination and decision. 6. Government procurement oversight. Oversight on government procurement could be considered in two aspects: one is the means and methods of supervision, the main system of supervision should be used in parallel with the legal supervision, and then supplemented by administrative supervision; the other hand, supervision mechanism for the government procurement in advance. During and after supervision, may consider setting up four-fold monitoring mechanism. The first layer is the supervision of the financial sector at all levels, focused on monitoring the use of procurement funds, because the financial sector at all levels of government procurement, scheduling and implementation of the most familiar; the second level for all levels of supervision. Audit and supervision of social intermediary organizations, focusing on post-supervision; third level supervision for all levels of the Standing Committee, focusing on institutional and policy monitoring; fourth level of social public opinion, to play the role of communications media. Fourth, our system of government procurement policy recommendations (a) In recent years, China's government procurement pilot program China since 1996 Since the pilot work of government procurement, more than half of the country provinces and cities have been carried out to varying degrees, the pilot, the pilot range from relatively easy-to-car, office equipment, extend to petty car maintenance, insurance, medical equipment, conference services, management information system construction, engineering and other areas of public bidding. The most obvious effect is to save the procurement expenditure, improve capital efficiency. According to statistics, where the pilot procurement project to save the average rate of procurement spending more than 10%. Second, the specification of the distribution relationship, the initial block of the In addition, the pilot project by the relevant local government procurement professionals to participate in operations increased expenditure decisions more scientific and operational efficiency, avoiding waste and the purchase of capital loss. throughout this work because the pilot is still in the exploratory stage, there are still some problems, mainly: First, the relevant laws and regulations in government procurement cases has not been issued, less government procurement activities throughout the specification, management system is not particularly smooth, the operation has their own way. Interim Measures for the content around, depth and scope have a big gap; the second is the narrow scope of procurement, purchasing a single, the whole procurement process and lack of effective supervision of the arbitration; third part of the budget sector in understanding the use of funds misunderstanding, there is resistance, financial management involves the further adjustment of vested interests hamper the smooth implementation of the government procurement system; Fourth, conscious use of the government procurement system to implement the country's economic policy and public cycle regulation on economic performance, in acts from around the basic pilot not reflected. (b) the system of government procurement policy recommendations pilot for the current situation, the report recommends the following: 1. Establishment of the current situation around the pilot of the many non-standard place, the need for a Nationwide implementation of the government procurement system or the promulgation and implementation of the Guide policy coherence, operational norms, the purpose of running order. 2. Pilot projects to government procurement, based on lessons learned, step by step. First, the government procurement system should be strengthened publicity efforts to improve government, users and suppliers of thinking and understanding. Secondly, in the pilot project should be gradually expanded the scope of government procurement, first expand the easy-to-procurement, and then is to increase the proportion of non-procurement, and explore its effective operation; may consider the availability of government procurement of large and medium cities authority and full funding of the pilot institutions; focus on diversity and scientific methods of procurement, improve supporting measures. 3. Reform the existing budget management and accounting system to establish China's government procurement system, need to fully improve the existing budget management system and operation mechanism. (1) budget reform and the allocation of special financial management system, establish a government procurement system of supporting the financial management of special budget funds. Will be part of the current fiscal expenditure unit or department dedicated to capital construction, equipment purchase, business, housing repairs, vehicle purchase and maintenance of special funds, according to the value of the combination of management and in-kind approach to managing the overall budget in a separate series t Sapporo is no longer engaged in fragmentation, but should be in kind by the Government Procurement Center in accordance with the financial plan approved by the uniform payment of government procurement to the use of units. (2) reform of the current total budget accounting system, so that fit with the government procurement system. The current budget by the competent accounting units, two accounting units, basic accounting unit grade of at least three layers of appropriated funds and year-end funding for the use of several levels, compiled accounts. Government procurement system, the financial sector is no longer simply take the budget allocation of funds should be allowed by the approved budget and procurement contract compliance allocated money directly to the supplier (charge) or purchase funds in the total budget will be the transfer of government procurement center expenses, reduce intermediate links of capital flows. As this part of the expenses take the form of direct payments, expenditure decisions also need several levels, the total fiscal expenditures accounting directly handled according to the accounts. Meanwhile, reform of the budget funds to pay on the basis of the new payment instruments should be designed to increase the handling charges of (3) reform the existing units in the budget accounting system. For a long time, China's administrative units of government funds to purchase expenditure, once the money poured in place to pay, basically from the financial management or supervision from the government out of its existence, processing is difficult to grasp, resulting in some loss of state assets or repeat purchase. After the implementation of the government procurement system, purchasing goods procurement centers receiving the user credentials on the one hand, the asset account, year end, procurement centers and users of financial institutions to submit accounting statements, on government procurement should be a separate product to be reflected in a report. (4) reform the existing system of the State Treasury. Government procurement system, the State Treasury concerning the financial measures should be explicitly allowed for direct funding approach and to develop appropriate operational methods, this approach and are exploring reform of the management of the treasury single account can match. 4. Establish a sound basis for government procurement work in accordance with international practice, the actual situation in our country, we believe that at least the following basic work to establish a sound: (1) establish a support of qualified government procurement team. Government procurement is a systematic project, which is bidding for a highly professional management disciplines, therefore, required to perform government procurement staff should have a solid theoretical knowledge, but also has strong operational capabilities compound talents. For this reason, urgent need for government procurement managers and specific operator training, to improve the quality of the competent government procurement. Only after passing through the training and assessment, or the relevant department in the financial sector can only be registered to obtain qualification. Therefore, we can consider the establishment of Certified Purchasing division system, the institutionalization of government procurement team building into orbit. (2) establish a unified national database of government procurement management information system. The use of data query computer network system, and government procurement-related data and information storage register for the user (including: government procurement management agencies, suppliers, research departments, universities, etc.) at any time call. Until the conditions are ripe, consider the statistics on government procurement into national economic accounting system and procurement information on the Internet. (3) development of government procurement actions related to the evaluation index system, the government procurement process monitoring and assessment. (4) founded
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