Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Budget Law and relevant laws and administrative regulations in order to standardize government procurement, strengthen the management of fiscal expenditure, improve the efficiency in the use of fiscal funds and promote economic and social development. Article 2 These Measures shall apply to government procurement conducted by state organs at all levels, institutions and social organizations that implement budget management (hereinafter referred to as procurement organs) with fiscal funds. Except as otherwise provided in these Measures.

The financial funds mentioned in the preceding paragraph include budgetary funds and extra-budgetary funds. Article 3 The term "government procurement" as mentioned in these Measures refers to the behavior of procurement agencies to obtain goods, projects and services through purchase, lease, entrustment or employment. Article 4 These Measures shall not apply to government procurement under any of the following circumstances:

(a) involving national security and secrets;

(two) due to force majeure factors such as war and natural disasters, it is necessary to purchase urgently;

(three) people's lives and property are in danger and need urgent procurement;

(4) Overseas acquisition by institutions outside China;

(five) other circumstances identified by the Ministry of Finance and the provincial people's government (including cities under separate state planning, the same below). Article 5 Government procurement shall follow the principles of openness, fairness, impartiality, efficiency and safeguarding public interests. Article 6 Without approval, the procurement organ shall not purchase foreign goods, projects and services.

The foreign goods mentioned in the preceding paragraph refer to goods whose final goods are imported or whose added value is less than 50% of the total value, although the final goods are produced or assembled in China. Article 7 The Ministry of Finance shall be responsible for the management and supervision of government procurement throughout the country and perform the following duties:

(1) Drafting laws and regulations on government procurement and formulating policies and regulations on government procurement;

(two) to study and determine the long-term planning of government procurement;

(three) management and supervision of government procurement activities;

(4) Collecting, publishing and counting government procurement information;

(5) Organizing the training of government procurement personnel;

(six) to examine and approve the qualifications of suppliers entering the central government procurement market;

(seven) to examine and approve the social intermediary institutions to obtain the qualification of the central government procurement agency;

(eight) to determine and adjust the central government centralized procurement catalogue and the quota standard of public bidding procurement scope;

(nine) the preparation of the annual government procurement budget of the central procurement organ;

(10) Handling central government procurement complaints;

(eleven) to handle other matters related to government procurement.

The financial departments of the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning shall be responsible for the management and supervision of government procurement in their respective regions. Article 8 The financial department shall not participate in or interfere with specific commercial activities in government procurement.

The procurement organ shall strengthen the management of the procurement work of its own department and unit, and support and assist the financial department to perform its duties according to law. Chapter II Subjects of Government Procurement Article 9 The subjects of government procurement include procurement agencies and suppliers. Article 10 Procurement agencies are divided into centralized procurement agencies and non-centralized procurement agencies. Eleventh centralized procurement agencies are responsible for the following government procurement affairs:

(a) unified organization of government procurement projects listed in the centralized procurement catalogue;

(2) Organizing large-scale government procurement projects with financial allocations;

(three) entrusted by other procurement agencies to purchase or organize bidding matters on their behalf;

(four) to handle other government procurement affairs assigned by the financial department. Twelfth other government procurement projects other than those stipulated in Article 11 of these Measures shall be organized and implemented by non-centralized procurement institutions in accordance with the relevant provisions of these Measures. Thirteenth procurement agencies can entrust a social intermediary agency with the qualification of government procurement agency to undertake government procurement affairs. Fourteenth social intermediary institutions that meet the following conditions may apply for the qualification of government procurement agency:

(a) established in accordance with the law, with legal personality;

(two) familiar with the laws, regulations and policies of the state on government procurement, and the proportion of personnel who have received government procurement training from the financial departments at or above the provincial level has reached more than 20% of the institutional personnel;

(3) Having a certain number of qualified professionals, among whom those with intermediate and senior professional titles account for more than 60% and 20% of the total staff of this institution respectively;

(four) have the ability to use modern scientific means to complete the work of government procurement agency;

(5) Other conditions stipulated by the Ministry of Finance and the provincial people's government. Article 15 Measures for the administration of the qualifications of government procurement agencies shall be formulated separately by the Ministry of Finance. Article 16 Suppliers refer to legal persons, other organizations or individuals that have the ability to provide goods, projects and services to procurement agencies, including China suppliers and foreign suppliers. Seventeenth who meet the following conditions, you can apply for the qualification of China municipal government procurement suppliers:

(1) Having the qualification of a legal person in China or the ability to bear civil liability independently;

(2) Abiding by national laws and administrative regulations and having a good reputation;

(3) Having the ability to perform the contract and a good performance record;

(4) Good capital and financial status;

(5) Other conditions stipulated by the Ministry of Finance and the provincial people's government.