(December 28, 2005, the Ministry of Finance released 31st come into force on March 1, 2006) Chapter I General provisions article in order to regulate the qualification accreditation of government procurement agencies, strengthen qualification management of government procurement agencies, according to the Government procurement law and the relevant provisions of the State Council, these measures are formulated.
    Second qualification cognizance of the application of this approach of government procurement agencies.
    Government procurement agencies mentioned in these measures refers to the financial Department as eligible, shall be subject to the procuring entity entrusted, engaged in government procurement of goods, construction and services, tendering, competitive negotiations, requests for quotations, such as purchasing agent business, and Government procurement consulting, training, and other related professional services (hereinafter referred to as agent government procurement matters) of the social intermediary organizations.
    Procurement agency set up by the Government in centralized purchasing agencies, do not put a system of accreditation of government procurement agencies.
    Third qualification accreditation of government procurement agencies, should follow the principle of openness, fairness, impartiality, and convenience and efficiency.
    Fourth qualification accreditation of government procurement agencies by provinces, autonomous regions and municipalities directly under the people's Governments above the financial sector (hereinafter referred to as financial Department of the people's Governments above provincial level) according to the competence and the procedure for the implementation of this regulation. Ministry responsible for national qualification management of government procurement agencies.
    People's Governments of provinces, autonomous regions and municipalities directly under the financial sector (hereinafter referred to as the provincial financial Department) is responsible for the qualification accreditation of government procurement agencies in the administrative area management.
    Fifth agency matters relating to government procurement agencies, must obtain Treasury or identified by the financial Department of the people's Government at the provincial level qualification accreditation of government procurement agencies.
    Article sixth qualification accreditation of government procurement agencies are divided into vetting and qualifying in two ways.
    Eligibility criteria applies to agencies other than tendering agency eligibility criteria for government procurement agencies and tendering Agency to apply to their procuratorial tender business outside the scope of government procurement projects eligible for purchasing agent.
    Confirm eligibility applies to tendering agency original procuratorial tender businesses apply for verification of their eligibility for government procurement projects within the scope of the tender agent.
    A procuratorial Agency in these measures refers to by the relevant departments under the State Council or provincial departments in accordance with the laws, administrative regulations, recognized qualifications in engineering and construction projects such as the procuratorial tender business institutions.
    Article seventh bidding Agency by the financial sector after qualifying, may engage in the procuratorial tender business within the scope of government procurement projects tender agency matters; or in accordance with the approach approved by the financial sector, after qualifying in the procuratorial tender business purchasing agent matters outside the scope of government procurement projects.
    Agencies other than tendering agency after approval by the financial Department of qualifications, you can engage in the procuratorial tender business purchasing agent matters outside the scope of government procurement projects; you can also obtain bidding agency qualification, engage in the procuratorial tender business government procurement projects within the scope of the tender agent.
    Eighth financial Department of the people's Governments above provincial level shall identify qualified government procurement agency to issue the certificate of qualification accreditation of government procurement agencies.
    Government procurement agencies qualification certificate shall set forth the Government procurement agency name, scope of business, qualification matters such as expiry dates, and affix the seal of the financial department that issued the certificate.
    The Government procurement agency includes an original and a copy of the certificate, valid for three years, may not lend, lease, transfer or otherwise altered.
    Nineth financial Department of the people's Governments above provincial level shall identify qualified list of government procurement agencies designated by the Ministry of government procurement information published shall be published in the media. Tenth Law of government procurement agencies nationwide agency matters relating to government procurement.
    No departments or units or individuals may take any way, deny or restrict the law of government procurement agencies free access to the Government procurement market or the industry.
    11th agent of government procurement agencies of government procurement matters in accordance with the relevant provisions of the State charge a service fee.
    12th our financial departments in the implementation of the Government procurement agency accreditation and to the Government buying agencies qualified to supervise and inspect the work, shall not be charged any fees. Chapter II general procedure of accreditation section 13th for qualified institutions of government procurement agencies (hereinafter the applicant), shall submit to the financial Department of the people's Governments above provincial level qualification application.
    Financial Department of the people's Governments above provincial level shall provide the applicant with qualification application format text. 14th when the applicant applied for qualification shall be in accordance with the provision of materials and reflect the situation, and be responsible for the authenticity of the application materials.
    Financial Department of the people's Governments above provincial level shall not require an applicant to provide materials regardless of the qualification accreditation of government procurement agencies.
    15th claimant to the same financial sector confirm the eligibility criteria eligibility and approval, can be applied. 16th article provincial above Government Treasury door applicants proposed of qualification finds application, should according to following situation respectively made processing: (a) application matters law not belongs to this financial sector terms range of, should made not accepted decided, and told applicants to about sector application; (ii) application material exists can spot corrections of errors of, should allows application people spot corrections; (three) application material not complete or not meet this approach provides form of,
    Shall, on the spot or within the 5th time inform all applicants need to correct content, fails to inform the, shall be accepted as of the date of receipt of the application materials; (d) the applications belong to the financial sector terms of reference, application materials are complete and comply with the regulations, correction or the applicant has submitted all the required application materials and should accept an application for accreditation.
    17th financial Department of the people's Governments above provincial level to accept or not to accept an application for accreditation, certificate with the Special seal and date the financial Department in written form. 18th article provincial above government financial sector should on applicants submitted of application material for review, and since accepted qualification finds application of day up 20th within, according to following situation respectively made decided, 20th within cannot made decided of, by this financial sector head approved, can extended 10th, and should will extended term of reason told applicants: (a) applicants of application meet this approach provides conditions of, should law made approval qualification or confirmed qualification of written decided, and to applicants issued
    Certificate of government procurement agencies, (ii) applicant's application does not meet the conditions of this regulation, and shall make a written decision of no eligibility or qualifying, and shall state the reason, inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    Chapter III eligibility criteria and procedures article 19th agency matters relating to government procurement other than tendering Agency, or the tender agents engage in the procuratorial tender business beyond the scope of government procurement procurement agent, shall obtain the approval of the financial Department of the people's Governments above provincial level qualification accreditation of government procurement agencies. 20th approval of qualification accreditation of government procurement agencies are classified into grade a qualification and grade b qualification.
    Achieved grade b qualification only of government procurement agencies agent item budget amounts to less than 10 million yuan of government procurement government procurement projects. Grade a qualification accreditation of government procurement agencies by the Ministry of finance is responsible for examination and approval.
    Grade b qualification accreditation of government procurement agencies by the financial Department of the people's Government at the provincial level, where the residence of the applicant is responsible for examination and approval.
    21st article serie b Government procurement agent institutions should has following conditions: (a) has corporate qualification, and registered capital for Yuan 500,000 yuan above; (ii) and administrative organ no membership relationship or other interests relationship; (three) has sound of organization institutions and internal management system; (four) has fixed of business places and carried out government procurement agent business by needed equipment, and facilities, Office conditions; (five) has good of commercial reputation and law paid tax and social security funds of good records;
    (Six) application government procurement agent institutions qualification Qian three years within, in business activities in the no major illegal records; (seven) has participate in had provides of government procurement training, familiar government procurement legal, and regulations, and regulations and procurement agent business of legal, and economic and technology aspects of professionals, which: technology aspects of professionals, has secondary above degree of shall not less than workers total of 50%, has senior titles of shall not less than workers total of 10%. 22nd article class a government procurement agent institutions except should has this approach 21st article subsection (ii) items to subsection (six) items conditions outside, also should has following conditions: (a) has corporate qualification, and registered capital for Yuan 4 million Yuan above; (ii) has participate in had provides of government procurement training, familiar government procurement legal, and regulations, and regulations and procurement agent business of legal, and economic and technology aspects of professionals, which: technology aspects of professionals,
    70% with secondary education shall not be less than the total number of employees, shall not be less than the total number of employees with senior 20%.
    23rd the applicant applying for grade a qualification accreditation of government procurement agencies, should submit applications for accreditation to the Treasury; applying for grade b qualification accreditation of government procurement agencies, his home seat of the financial Department of the people's Government at the provincial level should be submitted to the accreditation application. Applicants in submitted applications of while, should provides following material: (a) enterprise corporate license and tax registration card copy and copies; (ii) institutions articles, internal institutions set and personnel equipped with situation description, and meet provides conditions of technology aspects professionals of degree, and titles certificate copies; (three) Accountants firm issued of inspection funding report or Shang annual of financial audit report; (four) has fixed of business places and carried out government procurement agent business by needed equipment, and Facilities Office conditional correlation proof material (v) proof of paid taxes and social security funds;
    (F) the eligibility criteria for government procurement agency three years ago, has no record of serious violations of the briefing note and (VII) other materials stipulated by laws and administrative regulations.
    Financial sector workers for accepting applications shall promptly submit the applicant's business license and copy of the tax registration certificate and copies of checks, certified copies shall promptly be returned.
    24th province-above people's Government financial departments application materials submitted by the applicant, in accordance with the procedures laid down in chapter II of this approach should be reviewed. Applicant's application in accordance with the approach under grade a conditions of government procurement agencies, the Ministry of finance should approve its grade a qualification accreditation of government procurement agencies, and awarded a grade a certificate of qualification accreditation of government procurement agencies.
    Applicant's application in accordance with the provisions of class b condition of government procurement agencies, the provincial financial Department should approve its grade b qualification accreditation of government procurement agencies and issuing class b certificate of qualification accreditation of government procurement agencies.
    25th the provincial financial departments shall from the date of ratification of grade b qualification accreditation of government procurement agencies in the 15th, will receive the qualified list of government procurement agencies finance the record.
    Fourth chapter of qualifying conditions and procedure article 26th tendering agency engaged in the procuratorial tender business government procurement projects within the scope of the procuratorial tender business, should be confirmed by the financial Department of the people's Governments above provincial level qualifications. 27th class a tendering agency qualification ' bidding Agency, applications should be submitted to the Ministry of qualifying.
    Other bidding Agency, shall shelter the seat of provincial financial departments eligible applications.
    28th article tender agent institutions proposed confirmed qualification application of, should submitted qualification finds applications, and provides following material: (a) State about sector or provincial government about sector issued of tender agent institutions qualification certificate; (ii) enterprise corporate license and tax registration proved; (three) proved its business performance and financial status good of material; (four) legal, and administrative regulations provides of other material.
    29th people's Governments above provincial level financial departments, a procuratorial Agency to submit application materials shall be verified in accordance with the procedures laid down in chapter II of this approach, been verified, verify that it has the original bidding proxy bidding in government procurement projects within the scope of business agent eligibility, and issue a certificate of qualification accreditation of government procurement agencies.
    Article 30th Provincial financial departments shall tendering agency within 15th qualification accreditation of government procurement agencies, government procurement agencies will receive the qualified list of Finance records.
    The fifth chapter entitled continuity and change of the 31st government procurement agency needs to extend validity of legally obtained the qualification accreditation of government procurement agencies, should be the qualification accreditation of government procurement agency enshrined in the 60 days before the expiry of the certificate, apply to the accreditation decision the financial sector.
    Applicants proposed qualification continued application of, should submitted qualification continued applications, and provides following material: (a) near three years agent government procurement matters of performance situation; (ii) institutions articles or introduction, internal institutions set and personnel equipped with situation description, and meet provides conditions of technology aspects professionals of degree, and titles certificate copies; (three) by accountants firm testing of near three years of financial accounting report; (four) near three years law paid tax and social security funds of proved;
    (V) nearly three years description to receive complaints and administrative settlement, penalties.
    32nd article made qualification finds decided of financial sector in received qualification continued application Hou, by review think application material complete, and meet statutory form and requirements of, should accepted application, and should in applicants of government procurement agent institutions qualification validity expires Qian, according to following situation respectively made decided: (a) applicants of application meet this approach provides conditions of, should made continued government procurement agent institutions qualification of written decided, and again issued Government procurement agent institutions qualification certificate;
    (B) the applicant's application does not meet the conditions of this regulation, it shall make a written decision of no continuing qualification accreditation of government procurement agencies, and explain the reasons and inform the applicant apply for administrative reconsideration or bring an administrative suit right.
    Article 33rd fails to extend the eligibility of government procurement agencies, its Government procurement agencies qualification certificate after the expiry date of the certificate set out shall automatically lapse needs to continue acting on government procurement matters, should reapply for the qualification accreditation of government procurement agencies. 34th article government procurement agent institutions situation occurred changes of, should according to following provides to original sent card organ handle related procedures, late not by provides handle related procedures of, its Government procurement agent institutions qualification automatically failure: (a) Government procurement agent institutions qualification certificate records matters law occurred change of, should since change of day up 10th within handle change or for card procedures; (ii) dissolved, and bankruptcy or for other reasons terminated government procurement agent business of, should since situation occurred of day up 10th within make back
    Certificate of government procurement agencies, for cancellation procedures; (c) the Division or merger shall be from the date it happened within the 10th returned the certificate of qualification accreditation of government procurement agencies, for cancellation procedures; after separation or merger of institutions require a proxy government procurement matters, should reapply for the qualification accreditation of government procurement agencies.
    Sixth chapter Treasury should strengthen supervision and inspection of the 35th section of provincial financial departments implement the Government procurement agency accreditation supervision and inspection work, corrected in a timely manner and according to the qualification of the offence.
    36th financial Department of the people's Governments above provincial level shall set up and perfect the supervision and inspection system, strengthen government procurement agencies meet the qualifications as provided herein, as well as the legal use of the Government procurement agency to monitor the qualification certificate of inspection found violations of government procurement agencies, shall be investigated for legal responsibility according to law.
    Government of the people's Governments above provincial level financial departments procurement agency acting on government procurement issues when conducting supervision and inspection, supervision and inspection and processing of the results should be recorded and signed by the supervising personnel filed after.
    37th government procurement agencies in making accreditation decisions outside the jurisdiction of the provincial financial department area illegal agent of government procurement matters, violations of the financial Department of the Government of the people according to law the Government procurement agency's illegal facts, copy making accreditation decisions of the provincial financial Department of the people's Government. Article 38th individuals and organizations discover the law of government procurement agencies acting on government procurement matters has the right to report to the financial sector.
    Received reports of financial authorities to deal with, it should be verified, processed in a timely manner; not competent to deal with, and shall promptly transmit power to deal with the financial sector.
    39th government procurement agencies shall provide the client with convenient, stable and reasonably priced services, and to comply with universal service obligations.
    Seventh chapter legal liability article 40th applicants to hide relevant information or provides false information to apply for continuation identification, qualification accreditation of government procurement agencies, financial Department of the people's Governments above provincial level shall be inadmissible or no qualification, continue, and given a warning.
    41st applicant by fraud, bribery or other improper means qualification accreditation of government procurement agencies, to lift the financial sector by its qualification and withdraw the certificate of qualification accreditation of government procurement agencies.
    42nd article government procurement agent institutions has following case one of of, ordered deadline corrected, give warning; plot serious of, canceled its Government procurement agent institutions qualification, recovered government procurement agent institutions qualification certificate: (a) beyond grant qualification of business range contract government procurement agent business of; (ii) to is responsible for supervision check of financial sector hide about situation, and provides false material or refused to financial sector supervision check of.
    The 43rd government procurement agencies lend, lease, transfer or altered certificate of qualification accreditation of government procurement agencies, cancel the qualification accreditation of government procurement agencies to recover the certificate of qualification accreditation of government procurement agencies.
    44th government procurement agency Executive in the financial sector and penalties is dissatisfied with a decision may apply for administrative reconsideration or bring administrative proceedings.
    Eighth chapter supplementary articles article 45th government procurement agency accreditation and qualifications continuation form of applications formulated by the Ministry of finance is responsible for the text, the certificate of qualification accreditation of government procurement agencies uniformly printed by the Finance Ministry.
    46th article of the way the Ministry of finance is responsible for the interpretation.
                                                    47th these measures shall come into force on March 1, 2006.