Forwarding The Notice Of The General Office Of The Ministry Of Finance On Issues Related To The Administration Of Government Procurement Of Imported Products

Subordinate units and departments and associations:

The Circular of the general office of the Ministry of Finance on the related issues concerning the management of government procurement of imported products is hereby forwarded to you (Treasury No. 2008, No. 248), please comply with it.

General Office of People's Republic of China communications and pportation department (Chapter)

Notice on the management of government procurement of imported products

The departments of finance of the provinces, autonomous regions, municipalities directly under the central government and municipalities directly under the central government, the Finance Bureau of the Xinjiang production and Construction Corps, the general offices of the relevant departments of the Party Central Committee, the offices of the ministries and commissions under the State Council, the Secretariat offices of the general offices of the NPC Standing Committee, the office of the General Administration of the national office for the administration of public affairs, the general office of the high court, the general office of the high inspection institute, and the general office of the people's organizations.

In December 2007, the Ministry of Finance issued the "government procurement of imported products management measures" (Treasury Treasury [2007]119).

After the issuance of this method, measures were implemented everywhere to play a positive role in standardizing the behavior of government departments in purchasing imported products.

But in practical work, it also reflects some specific operational problems. After studying with the General Administration of customs, the relevant provisions on procurement of imported products are stipulated as follows:

1. On the scope of application

According to the provisions of the government procurement law of the People's Republic of China, the application of Treasury Document No. [2007]119 is that the state organs, institutions and group organizations at all levels shall use financial funds to purchase imported products within the government centralized procurement catalogue published by the people's governments at or above the provincial level or above the procurement quota standards.

Two. Product identification on special supervision areas of customs and customs

According to the provisions of the Customs Law of the People's Republic of China (hereinafter referred to as the Customs Law), China's current customs territory refers to the People's Republic of China administrative jurisdiction applicable to the Customs Law, excluding Hongkong, Macao and Taiwan Jinma and other separate border areas.

The bonded area, export processing zone, bonded port area, Zhuhai Macao cross border industrial zone Zhuhai Park, the Sino Kazakhstan Huoerguosi international border cooperation center, the Chinese supporting area, the comprehensive bonded zone and other regions are special customs supervision areas. These regions only implement special policies that are different from other areas in our territory in terms of tariff treatment and trade control, but still belong to the territory of People's Republic of China customs. They are supervised by the customs according to the Customs Law. Therefore, products manufactured or processed in the customs special supervision area (including imported materials from abroad) are exported to the territory of the territory and are not imported products under the government procurement.

Products that enter the customs special supervision area from abroad and go through the customs declaration procedures and enter other parts of the territory from the customs special supervision area shall be deemed to be imported products.

Three. The identification of imported products that have been repeatedly pferred in China.

For products that have been repeatedly pferred and can not provide customs declaration documents, they should be verified according to the following methods:

(1) the products imported through normal channels, no matter how many times they have been pferred within the territory, although the intermediate business links do not retain the import declaration documents, but by pushing down layers, the import agents or importer can be found eventually, so that they can inquire the customs declaration records to the customs.

This method is generally applicable to production equipment, machinery, automobiles and other bulk commodities.

(two) products imported through smuggling and illegal means do not have import declaration records because they do not import declaration. Therefore, they should be indirectly proved by foreign products or other evidences such as their origin labels on their packages.

Four. Opinions on industry authorities

The State restricted import products stipulated in Treasury Document No. [2007]119 refer to the relevant catalogues formulated by the Ministry of Commerce, the development and Reform Commission, the Ministry of science and technology, and other departments.

When purchasers purchase products belonging to the state's restricted import products, they shall issue expert opinions on the products except the need to issue expert opinions to the financial departments of the people's governments in the cities and autonomous prefectures and autonomous regions (hereinafter referred to as the financial departments), and at the same time issue the opinions of the competent departments in charge of the products. The products belong to the state's major technical equipment and major industrial technologies that restrict importation, and the opinions of the development and Reform Commission shall be issued.

When the administrative department of the purchaser is also the competent department of the industry under which the product is purchased, the competent department in charge of the industry shall issue an opinion.

When the administrative department of the purchaser is not in conformity with the competent department of the industry under which the products are purchased, the opinions issued by the competent departments of the industry are still valid opinions.

Five. About procurement execution

When purchasing the imported products, the purchaser must apply to the financial department before the start of the procurement activity and obtain the approval from the financial department before carrying out the procurement activities.

Where procurement activities are not approved by the financial department prior to the start of the procurement activities, it is regarded as a refusal to purchase imported products, and the provisions on the participation of the imported products must be explicitly made in the procurement documents.

In the absence of explicit stipulates in the procurement documents that the import products are not allowed to participate, it is also regarded as a refusal to import products.

After the start of the procurement activities, the procurement activities approved by the financial department are reported to be illegal.

Where the finance department has examined and approved the purchase of imported products, it shall explicitly stipulate in the procurement documents that it can purchase imported products. However, if the domestic products that satisfy the demand for information asymmetry and other requirements are required to participate in the procurement competition, the purchaser and the entrusted procurement agency shall not restrict it, and the purchase shall be carried out in accordance with the principle of fair competition.

Six. Implementation of centralized government procurement

For centralized procurement catalog products with agreed supply, centralized procurement agencies may not restrict the entry of imported products while organizing procurement, but buyers need to report to the financial department for approval before purchasing the products.

For the government centralized procurement catalogue products with no agreement supply, the purchaser has not issued the consent of the financial department to purchase the audit opinions of the imported products, and the centralized purchasing agencies must not purchase imported products for their organizations.

For regular products with a small quantity of procurement and a large number of regular products in the government's centralized procurement catalogue, batch audits can be carried out, that is, purchasers apply to the financial department for a package of imported products list, the required certification materials and purchase plans. After approval by the finance department, they will organize the purchase according to the regulations at any time within this year, and do not need to apply for approval one by one.

Seven. On expert issues.

The expert opinion of imported products is organized by the purchaser himself in principle. The expert should be familiar with the product and has no economic or administrative subordination with the purchaser or the purchasing agency.

Because of the difference between the import product argumentation and the procurement document evaluation, the experts of the import product demonstration can not extract experts from the expert database established by the financial department as an expert in the import product demonstration, and any experts who are drawn from the expert database of the financial department shall inform the extracted experts of their argument contents and corresponding responsibilities.

The financial departments should formulate corresponding expert evaluation standards and supervision methods, strengthen the management of the expert experts, ensure that the argumentation opinions are scientific and accurate, and in principle, shall not undertake or organize their expert argumentation.

Eight, about the issue of capital payment.

When purchasers apply to the finance department to pay for government procurement of imported products, they should provide materials such as examining and approving documents, procurement contracts and product declarations by the financial department, so as to ensure that the specifications, amount and amount of purchased products are consistent with those stipulated in the examination and approval documents or procurement documents, or no payment is made.

Nine, about file execution time cohesion

The Treasury Document No. [2007]119 stipulates that it will be implemented from the date of issuance in December 27, 2007.

If the procurement of goods involves imported products prior to that date, the procurement procedures for the purchased goods have been started or started before the date of purchase. If the procurement project is approved by the financial department, it is necessary to re invite the tender or adopt other procurement methods, and there is no need to go through the examination procedures for import products.