* * * Purchasing public services refers to * * * transferring the public services originally undertaken by it to social organizations, enterprises and institutions for performance through public bidding, directional entrustment and invitation to bid. In order to improve the quality of public service supply and the efficiency of the use of financial funds, improve the social governance structure and meet the diversified and personalized needs of the public.
* * * Purchasing public services is a part of * * * procurement.
Generalized PPP(Public-Private-Partnership), also known as 3P mode, is a public-private partnership mode and a project financing mode of public infrastructure. In this mode, private enterprises are encouraged to cooperate with * * * and participate in public infrastructure construction. Through this way of cooperation, partners can achieve more favorable results than expected by individual actions. When partners participate in a project, * * * does not transfer all the responsibilities of the project to private enterprises, but all parties involved in the cooperation share the responsibilities and financing risks. First, the two sides clearly define the responsibilities and risks shared by them through agreement, then clarify the rights and obligations of all parties in each process of the project, give full play to the advantages of all parties, liberate the construction from many interventions and restrictions of the * * * administration, and give full play to the advantages of private capital in resource integration and management.
According to this broad concept, PPP refers to the cooperation between the public sector and the private sector, and the resources mastered by the non-public sector participate in the provision of public goods and services, thus realizing the functions of the public sector and bringing benefits to the private sector. Its management mode includes many concrete forms consistent with this. Through this process of cooperation and management, we can provide public goods and services to the society more effectively, and make limited resources play a greater role, while not excluding and properly meeting the investment and profit targets of the private sector.
In a narrow sense, PPP refers to the public service development and operation mode that * * and the private sector form a special purpose organization (SPV), introduce social capital, jointly design and develop, share risks, cooperate in the whole process, and then hand it over to * * * after the expiration.
* * * Why do you want to buy services from the society? Governing the country according to law is an essential requirement and an important guarantee for upholding and developing Socialism with Chinese characteristics. It is an inevitable requirement for the modernization of the national governance system and governance capacity, which is related to our party's ruling and rejuvenating the country, people's happiness and well-being, and the long-term stability of the party and the country. To build a well-off society in an all-round way, realize the Chinese dream of the great rejuvenation of the Chinese nation, comprehensively deepen reform, improve and develop the Socialism with Chinese characteristics system, and improve the party's ruling ability and level, we must comprehensively promote the rule of law. China is in the primary stage of socialism, building a well-off society in an all-round way has entered a decisive stage, reform has entered a critical period and deep water areas, and the international situation is complex and changeable. Our party is facing unprecedented tasks of reform, development and stability and unprecedented challenges of contradictions and risks. Governing the country according to law plays a more prominent role in the overall work of the party and the state. Facing the new situation and new tasks, our party should better coordinate the two overall situations at home and abroad, better safeguard and make good use of the important period of strategic opportunities for China's development, better coordinate social forces, balance social interests, regulate social relations and standardize social behaviors, so as to make our society full of vitality and order in profound changes, realize economic development, political clarity, cultural prosperity, social justice and good ecology, and realize the strategic goal of China's peaceful development. We must give full play to the leading and regulating role of the rule of law.
* * * Can I charge for purchasing services from social organizations * * * Buying services from social organizations means * * * paying social organizations (financial allocation) to provide services for designated projects to the society, such as education, health, culture, sports, public transportation, etc. Social organizations that receive funds from * * * generally do not charge the clients when providing the required services to the society; If it is necessary to charge a small amount of fees that exceed the budget, it must be approved by the relevant departments of * * * *.
* * * Buy services from social forces, what to buy and how to buy them. On September 26th, 20 13, the General Office of the State Council issued the Guiding Opinions on * * * Purchasing Services from Social Forces with the number of Guo Ban Fa [2065 438+03]96. The Guiding Opinions is divided into four parts: fully understand the importance of * * * purchasing services from social forces, correctly grasp the general direction of * * * purchasing services from social forces, standardize and orderly carry out the work of * * * purchasing services from social forces, and solidly promote the work of * * * purchasing services from social forces.
Guiding opinions
Guiding Opinions of the General Office of the State Council on * * * Purchasing Services from Social Forces
Guo ban fa [2013] No.96
People's governments of all provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions and institutions directly under the State Council:
The 18th National Congress of the Communist Party of China emphasized the need to strengthen and innovate social management and improve the way of providing public services. The new the State Council has made great arrangements for further transforming the functions of * * * and improving public services, and clearly requires more use of social forces in the field of public services and greater efforts to purchase services. With the consent of the State Council, we hereby give the following guidance on * * * purchasing services from social forces.
First, fully understand the importance of * * * purchasing services from social forces
Since the reform and opening up, China's public service system and system construction have been continuously promoted, and the subjects and methods of public service provision have gradually diversified, initially forming a public service supply model with * * * leading, social participation and public and private considerations. At the same time, compared with the people's growing demand for public services, public services in many fields have outstanding problems such as low quality and efficiency, insufficient scale and unbalanced development. It is urgent to further strengthen the public service function, innovate the public service supply mode, effectively mobilize social forces, build a multi-level and multi-mode public service supply system, and provide more convenient, fast, high-quality and efficient public services. * * * purchases services from social forces, that is, by giving full play to the role of the market mechanism, entrusts some public services directly provided by * * * to qualified social forces according to certain methods and procedures, and * * * pays remuneration according to the quantity and quality of services. In recent years, based on the reality, some places have actively explored the purchase of services from social forces, achieved good results, and accumulated many good practices and experiences in policy guidance, funding guarantee and working mechanism.
Practice has proved that purchasing services from social forces is an important way to innovate the way of providing public services, accelerate the development of service industry and guide effective demand. It is of great significance to deepen the reform in the social field, promote the functional transformation of * * *, integrate and utilize social resources, enhance public participation awareness, stimulate economic and social vitality, increase the supply of public services, and improve the level and efficiency of public services. Local governments at all levels should actively and steadily promote the purchase of services from social forces in light of local economic and social development and the actual needs of the people, constantly innovate and improve the public service supply model, and accelerate the construction of service-oriented * * *.
Second, correctly grasp the general direction of purchasing services from social forces.
(1) guiding ideology.
Guided by * * * theory, Theory of Three Represents and Scientific Outlook on Development, we thoroughly implement the spirit of the 18th CPC National Congress, firmly grasp the requirements of accelerating the transformation of * * * functions, promoting the separation of government and society, and strengthening social construction in improving people's livelihood and innovative management, further liberalize market access for public services, reform and innovate public service delivery mechanisms and methods, promote the construction and development of public service system with China characteristics, and strive to provide high-quality and efficient public services for the broad masses.
(2) Basic principles.
-active, steady and orderly implementation. Based on the basic national conditions in the primary stage of socialism, starting from the local reality, we should accurately grasp the demand for social public services, give full play to the leading role of * *, guide social forces to participate in service supply in an orderly manner, and form a joint force to improve public services.
-scientific arrangements, focusing on practical results. Adhere to careful planning, clarify rights and obligations, effectively improve the efficiency of the use of financial funds, use limited funds in the cutting edge, and use them where the people need them most to ensure tangible results.
-openly select the best, and set the fee according to the matter. In accordance with the principles of openness, fairness and justice, adhere to the principle of charging with events, and choose social forces that undertake * * * to purchase services through competitive selection to ensure that qualified social forces participate in the competition on an equal footing. Strengthen supervision, inspection and scientific evaluation, and establish a dynamic adjustment mechanism for survival of the fittest.
-Reform and innovation, and improve the mechanism. Adhere to the convergence with the reform of public institutions, promote the separation of political affairs and social affairs, liberalize market access, release reform dividends, hand over what society can do well to social forces as much as possible, and effectively solve the problems of shortage of public service products and low quality and efficiency in some fields. Summarize the practical experience of reform in a timely manner, learn from foreign beneficial achievements, actively promote the healthy development of * * * purchasing services from social forces, and accelerate the formation of a new mechanism for providing public services.
(3) objectives and tasks.
During the "Twelfth Five-Year Plan" period, the work of purchasing services from social forces was gradually pushed forward, a unified and effective platform and mechanism for purchasing services were initially formed, and significant progress was made in the construction of relevant systems and regulations. By 2020, a relatively complete system of purchasing services from social forces will be basically established nationwide, and an efficient and reasonable allocation system and supply system of public service resources that are compatible with economic and social development will be formed, and the level and quality of public services will be significantly improved.
The third is to carry out the work of purchasing services from social forces in a standardized and orderly manner
(1) buyer.
* * * The main bodies that purchase services from social forces are administrative organs at all levels and institutions with administrative functions managed with reference to the Civil Service Law. Group organizations that are included in the administrative establishment management and funded by the finance can also provide public services by purchasing services according to actual needs.
(2) The undertaker.
The subjects who undertake * * * to purchase services include social organizations registered in the civil affairs department according to law or exempted from registration with the approval of the State Council, as well as enterprises, institutions and other social forces registered in the industrial and commercial administration or industry authorities according to law. The subject who undertakes the purchase of services shall have the ability to bear civil liability independently, the facilities, personnel and professional and technical capabilities necessary for providing services, a sound internal governance structure, financial accounting and asset management systems, a good social and commercial reputation, a good record of paying taxes and social insurance according to law, and other conditions recognized by the registration administration department according to law. The specific conditions of the undertaking entity shall be determined by the procurement entity in conjunction with the financial department according to the nature and quality requirements of the procurement service project.
(3) purchase content.
* * * The content of purchasing services from social forces is public services that can be provided in a market-oriented way and can be undertaken by social forces, highlighting publicity and public welfare. Basic public services such as education, employment, social security, medical and health care, housing security, culture, sports and services for the disabled should gradually increase the efforts to purchase * * * services from social forces. In the field of non-basic public services, we should give more and better play to the role of social forces, and whatever is suitable for social forces to undertake can be entrusted to social forces through entrustment, contracting and procurement. For public services that should be directly provided by * * * and are not suitable for social forces to undertake, and service items that do not fall within the scope of * * *, * * shall not buy from social forces. All localities and relevant departments should, on the basis of fully listening to the opinions of all sectors of society, study and formulate a guiding catalogue for purchasing services from social forces, clarify the types, nature and contents of services purchased by * *, and make dynamic adjustments in a timely manner on the basis of summing up the pilot experience.
(4) purchase mechanism.
All localities should, in accordance with the principles of openness, fairness and justice, establish and improve the mechanism for purchasing services from social forces, promptly announce to the public the items, contents, requirements and performance evaluation standards for purchasing services, and establish and improve standardized processes such as project declaration, budget preparation, procurement organization, project supervision and performance evaluation. Procurement work shall be determined in accordance with the relevant provisions of the * * * Procurement Law through public bidding, invitation to bid, competitive negotiation, single source, inquiry, etc. Subcontracting is strictly prohibited. According to the requirements of contract management, the buyer should sign a contract with the undertaker, specify the scope, object, quantity and quality requirements of the purchased service, as well as the service period, payment method, rights and obligations and liability for breach of contract, pay the funds according to the contract requirements, and strengthen the tracking supervision of the whole process of service provision and the inspection and acceptance of service results. The undertaking unit shall strictly fulfill the contractual obligations, complete the service project tasks on time, and ensure the service quantity, quality and effect.
(5) fund management.
* * * The funds needed to purchase services from social forces are considered in the existing financial budget. With the development of providing public services, the increased funds should be included in the financial budget according to the requirements of budget management. It is necessary to strictly manage funds to ensure openness, transparency, standardization and effectiveness.
(6) Performance management.
Strengthen the performance management of purchasing services from social forces and strictly enforce the performance evaluation mechanism. Establish and improve a comprehensive evaluation mechanism composed of buyers, clients and third parties, and evaluate the quantity, quality and fund use performance of purchased services. The evaluation results will be announced to the public, and will be used as an important reference for compiling * * * service budget and selecting * * * service contractors for social forces in the future.
The fourth is to solidly promote the purchase of services from social forces.
(1) Strengthen organizational leadership.
Promoting * * * to purchase services from social forces is related to the vital interests of the people and is an important work to safeguard and improve people's livelihood. Local people's governments at all levels should put this work on the important agenda, strengthen overall coordination, combine local conditions, carefully formulate and gradually improve the policies, measures and implementation measures for purchasing services from social forces, and send a copy to the financial department at the next higher level. The Ministry of Finance shall, jointly with relevant departments, strengthen the guidance and supervision over the work of purchasing services from social forces in various places, sum up and popularize successful experiences, and actively promote the construction of relevant systems and regulations.
(2) Improve the working mechanism.
* * * To purchase services from social forces, we should follow the requirements of * * * leading, departmental responsibility, social participation and joint supervision to ensure the orderly development of the work. Local people's governments at various levels may, according to the actual situation in their own regions, establish a working mechanism of "* * * unified leadership, with the financial department taking the lead, with the cooperation of civil affairs, industrial and commercial administration and industry authorities, with the functional departments performing their respective duties and the regulatory authorities ensuring", draw up a service purchase catalogue, determine a service purchase plan, and guide and supervise the service purchase work. Relevant functional departments should strengthen coordination and communication, carry out their duties and make concerted efforts.
(3) Strict supervision and management.
All localities and departments should strictly abide by the relevant financial management regulations, ensure that the service funds purchased by * * from social forces are managed and used in a standardized manner, and shall not be withheld, misappropriated or detained. The purchaser shall establish and improve the internal supervision and management system, disclose the relevant information of procurement services according to regulations, and consciously accept social supervision. The undertaking unit shall improve the financial reporting system, and the financial report shall be audited by a certified public accountant with legal qualifications. The financial department should strengthen the organization and guidance on the implementation of purchasing * * * services from social forces, strictly supervise funds, and the supervision and auditing departments should strengthen supervision. Civil affairs, industrial and commercial administration, industry and other competent departments shall, in accordance with the division of functions, incorporate * * * into the supervision system of annual inspection, evaluation and law enforcement.
(4) Do a good job in publicity and guidance.
The local people at all levels and the relevant departments of the State Council should widely publicize the purpose, significance, objectives, tasks and related requirements of * * purchasing services from social forces, do a good job in policy interpretation, strengthen the guidance of public opinion, actively respond to the concerns of the masses, and fully mobilize the enthusiasm of social participation.
the General Office of the State Council
2065438+September 26th, 2003
interpret
On September 26th, 20 13, the General Office of the State Council issued the Guiding Opinions on * * * Purchasing Services from Social Forces (hereinafter referred to as the Guiding Opinions). According to the Guiding Opinions, in accordance with the principles of active, steady, orderly implementation, scientific arrangement, practical results-oriented, open selection, fee determination by events, reform and innovation, and perfect mechanism, the work of purchasing services from social forces will be gradually pushed out in various places during the Twelfth Five-Year Plan period, a unified and effective platform and mechanism for purchasing services will be initially formed, and the construction of relevant systems and regulations has made remarkable progress. By 2020, a relatively complete system of purchasing services from social forces will be basically established nationwide, and an efficient and reasonable allocation system and supply system of public service resources that are compatible with economic and social development will be formed, and the level and quality of public services will be significantly improved. The Guiding Opinions require that * * * purchase services from social forces should be standardized and orderly. It is necessary to further clarify the purchase subject, the undertaker and the purchase content, and establish and improve the purchase mechanism, fund management and performance management. * * * All levels should strengthen the organization and leadership, improve the working mechanism, strictly supervise and manage, and do a good job in propaganda and guidance to ensure the smooth completion of the objectives and tasks.
Budget management
Notice on Budget Management Issues Related to * * * Service Purchase
FB [20 14]No. 13
Relevant departments of the Central Committee of the Communist Party of China, ministries and commissions of the State Council, directly affiliated institutions, General Logistics Department, Armed Police Force, General Office of the National People's Congress Standing Committee (NPCSC), General Office of Chinese People's Political Consultative Conference, High Court, Supreme People's Procuratorate, relevant people's organizations, Finance Bureau of Xinjiang Production and Construction Corps, relevant central management enterprises, and finance departments (bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning:
In order to fully implement the spirit of the 18th National Congress of the Communist Party of China and the Second and Third Plenary Sessions of the 18th Central Committee, accelerate the transformation of * * *' s functions, improve the way of * * * providing public services, optimize the allocation of resources, and improve the efficiency in the use of financial funds, according to the relevant requirements of the Guiding Opinions of the General Office of the State Council on * * * purchasing services from social forces (Guo Ban Fa [2013] No.96), we hereby give it.
First, properly arrange the funds needed to purchase services.
* * * The funds needed for purchasing services are included in the fiscal budget, and they are arranged as a whole from the existing budgets such as departmental budget funds or approved special funds. For the service items that have been arranged in the budget and clearly provided through purchase, the relevant provisions shall be implemented; For the services that have been arranged in the budget but not clearly provided through purchase, the way of purchasing services through * * * can be adjusted according to the actual situation and handed over to social forces for undertaking. It is necessary to prohibit some units from transferring their responsibilities to social forces, resulting in the phenomenon of "nurturing lazy people", and avoid doing all services that do not belong to the scope of * * *, which will increase the pressure on financial expenditure.
Second, improve the budget management system for purchasing services.
It is necessary to strengthen investigation and study, sum up the pilot experience, speed up the establishment of the standard system of purchasing service expenditure based on cost-benefit analysis, promote the construction of purchasing service project library, gradually establish standardized processes such as budget preparation, fund arrangement and budget approval, continuously improve the budget preparation system, and improve the scientific and normative budgeting of purchasing service.
The third is to strengthen the monitoring of the implementation of the purchase service budget.
Financial departments and budget units should follow the whole process of purchasing services, take timely measures to correct the deviation between contract performance and performance targets, and ensure the standardized management, safe use and performance targets of funds to be achieved as scheduled. The undertaker shall earnestly fulfill the contract provisions, take effective measures to enhance the service capacity, improve the service level, and ensure that the quantity and quality of services provided reach the expected goals.
Four, to promote the purchase of service budget information disclosure
Strictly implement the relevant provisions of the "Regulations on Information Disclosure in People's Republic of China (PRC)", establish and improve the information disclosure mechanism for purchasing services, broaden the channels for disclosure, build an open platform, and timely disclose the information on purchasing services, such as service items, service standards, service requirements, service contents, budget arrangements, purchasing procedures, performance evaluation standards and performance evaluation results, so as to improve budget transparency, respond to social concerns and accept social supervision.
Five, the implementation of purchasing service budget performance evaluation
Performance evaluation of purchasing service budget is an integral part of budget performance management in the whole process. In accordance with the requirements of establishing a whole-process budget performance management mechanism, we should emphasize the result orientation, vigorously promote the performance evaluation of purchasing service budget, run the concept of budget performance management through the whole process of purchasing service budget management, strengthen departmental expenditure responsibility, strengthen cost-benefit analysis, control and reduce public costs, save social resources, and strengthen performance evaluation and application of results. The evaluation results will serve as an important reference for the preparation of the annual budget and the selection of the undertaker in the future, and continuously improve the efficiency of the use of financial funds and the quality of public services.
Six, strict supervision and inspection of the purchase of service funds
The use of budget funds for purchasing services shall strictly abide by relevant financial management regulations, and financial funds shall not be withheld or misappropriated. Strengthen the supervision and inspection of the use of budgetary funds for purchasing services by * * *, and conduct spot checks in a timely manner to ensure the standardized management and rational use of budgetary funds. The illegal acts found shall be investigated for legal responsibility in accordance with the Regulations on Punishment of Financial Violations (Order No.2004). The State Council DecreeNo. 427th) and other relevant regulations.
the Ministry of Finance
2014 65438+1October 24th
* * * What does it mean to buy services from social forces? Some service functions originally provided by * * * are now taken care of by relevant social organizations, and * * * pays fees to social organizations in the process.
For example, if you print a document, you can find a printing shop in the society, conduct a social investigation or something, and find a special investigation company.
It is a basic public health service provided by medical and health units to the grassroots. After the competent department and financial department of * * * passed the audit of the implementation unit, the service fee provided by * * * was allocated to the implementation unit as a new form of public security project management.
It means that some service functions originally provided by * * * are now in the charge of relevant social organizations, and * * * pays fees to social organizations in the process.
* * * What does it mean to buy services from social forces? Concise and to the point.
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That is, some service functions originally provided by * * * are now in the charge of relevant social organizations, and * * * pays social organizations in this process.