Decree No. 101 of the Ministry of Finance of the People's Republic of China on the Administration of Government Procurement Information Release

Ministry of Finance of the People's Republic of China

Ministry of Finance Order 101

The Administrative Measures for the Release of Government Procurement Information 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 In order to standardize the release of government procurement information and improve the transparency of government procurement, this method is formulated in accordance with relevant laws and administrative regulations such as the Government Procurement Law of the People's Republic of China and the Implementation Regulations of the Government Procurement Law of the People's Republic of China.

Article 2 The release of government procurement information shall be subject to these Measures.

Article 3 The government procurement information referred to in these Measures refers to government procurement project information that should be made public in accordance with relevant laws and regulations on government procurement, such as public bidding announcements, qualification pre qualification announcements, single source procurement announcements, bidding (transaction) result announcements, government procurement contract announcements, as well as government procurement regulatory information such as complaint handling results, supervision and inspection handling results, and centralized procurement agency assessment results.

Article 4 The release of government procurement information shall follow the principles of standardized and unified formats, relatively centralized channels, and easy access.

Article 5 The Ministry of Finance shall guide and coordinate the national government procurement information release work, and supervise and manage the government procurement information release activities of central budget units in accordance with relevant provisions of government procurement laws and administrative regulations.

The financial departments of local people's governments at all levels (hereinafter referred to as the financial departments) supervise and manage the government procurement information release activities of budget units at their respective levels.

Article 6 The Ministry of Finance shall supervise and manage the China Government Procurement Network. Provincial (autonomous regions, municipalities directly under the central government, and cities specifically designated in the state plan) financial departments shall supervise and manage the provincial-level branches of the China Government Procurement Network.

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

Article 8 Government procurement information of central budget units shall be published on the China Government Procurement Network, while government procurement information of local budget units shall be published on the provincial branch of the China Government Procurement Network in their respective administrative regions.

Except for the China Government Procurement Network and its provincial branches, government procurement information can be simultaneously published on other media designated by the finance department at or above the provincial level.

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

China Government Procurement Network and its provincial branches, as well as 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 government procurement information they receive.

Article 10 The publishing entity shall not make false or misleading statements when publishing government procurement information, and shall not omit matters that must be disclosed in accordance with the law.

Article 11 The publishing entity shall ensure that the content of the same government procurement information published on 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 China Government Procurement Network or its provincial branches shall prevail. The information published on both the China Government Procurement Network and provincial sub networks shall prevail.

Article 12 Designated media shall take necessary measures to verify the identity of the subject of government procurement information dissemination.

Article 13 Designated media shall promptly release government procurement information received.

The China Government Procurement Network or its provincial branches shall publish government procurement information within one working day from the date of receipt.

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

Article 15 Designated media shall provide free information publishing services to publishing entities and shall not charge information retrieval fees to market entities and the general public.

Article 16 If the purchaser or its authorized procurement agency fails to publish government procurement project information on designated media in accordance with the law, legal responsibility shall be pursued in accordance with Article 68 of the Implementation Regulations of the Government Procurement Law.

If the purchaser or its authorized procurement agency violates the provisions of these Measures in other ways, the financial department at or above the county level shall order it to rectify within a specified time limit, give a warning, and suggest that the administrative department or relevant authorities handle it in accordance with the law and regulations for the directly responsible person in charge and other directly responsible personnel, and notify them accordingly.

Article 17 If a designated media violates the provisions of these Measures, the financial department at or above the provincial level that implements the designated behavior shall order it to make corrections within a specified time limit in accordance with the law. The directly responsible person in charge and other directly responsible personnel shall be advised to be dealt with by their administrative department or relevant authorities in accordance with the law and regulations, and shall be notified.

Article 18 If the financial department and its staff engage in illegal and disciplinary behaviors such as laziness, abuse of power, dereliction of duty, and favoritism in the release of government procurement information, they shall be held accountable in accordance with relevant national regulations such as 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, and the Implementation Regulations of the Government Procurement Law of the People's Republic of China; Those suspected of committing crimes shall be transferred to relevant state organs for handling in accordance with the law.

Article 19 The release of information on classified government procurement projects shall be carried out in accordance with relevant national regulations.

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

Article 21 These measures shall come into effect on March 1, 2020. The "Management Measures for Government Procurement Information Announcement" (Ministry of Finance Order No. 19) promulgated and implemented by the Ministry of Finance on September 11, 2004, are simultaneously abolished.