Benxi City Public Resources And Exchange Management

Original Language Title: 本溪市公共资源交易监督管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201307/20130700388823.shtml

Benxi City public resources and Exchange Management (February 26, 2013, Benxi City, 15th session of the Standing Committee of the people's Government of the 3rd review on March 18, 2013, 167th, Benxi City people's Government promulgated as of April 20, 2013) first in order to strengthen the supervision and administration of public resources, trading activity in our city, standardizing transaction behavior, safeguard national interests, public interests and the legitimate rights and interests of the parties, prevent corruption, according to the People's Republic of China Law on bidding, the People's Republic of China Law on government procurement, the

    People's Republic of China land administration law and the People's Republic of China on administrative supervision law and other laws and regulations, combined with the city's actual, these measures are formulated.

    Article of public resources in the administrative area of the city trading activities, supervision and management of the application of this approach.

    Article transactions of public resources in these measures refers to the construction project bids, government procurement, transfer of State-owned land and mineral rights, State-owned (collective) transfer of property rights trade, franchising, litigating assets and confiscation of goods and intermediary services related to the bid.

    Fourth public resource trading activities should follow Government-led, separation of management and Office, industry, Administration monitor the principles of unified entry transaction, uniform information distribution, uniform trading rules, standardized operation, unified management and unified supervision and checks to ensure openness, fairness, impartiality and good faith transactions.

    Fifth of municipal and County (district) the establishment of public resources and Exchange Commission (hereinafter referred to as the public administration Committee), responsible for public trading policy guidance and leadership and transactions of public resources in the decision-making, coordination and evaluation. Sixth city, County (district) Public Committee set up under the Office (hereinafter referred to as administrative office), commissioned by the public administration Committee, uniform regulation of public resources, trading and service activities.

    Main duties are:

    (A) responsible for public administration Committee work.

    (B) according to relevant laws and regulations, development of public resources management policies, rules and systems for public resources trade market construction and development of service standards.

    (C) the overall management of public resources, trade, to guide and coordinate the transaction management of public resources.

    (Iv) is responsible for the construction and management of public resources supervision information platform.

    (V) was commissioned by the Government for public trading of resources for the integrated monitoring, coordination, supervision of public resources for guidance of the industry, public resource trading rules, implementation of the system of supervision and inspection.

    (Vi) is responsible for field monitoring of public resources, trading activity.

    (G) integrated handle trade transactions of public resources complaints and deal with public controversies and disputes arising from trading activities.

    (VIII) Guide and coordinate the transaction management of public resources, to conduct research, strengthening and standardizing the management of public resources market opinions and suggestions.

    (I) the city administrative office responsible for the direction, coordination, monitoring and evaluation counties (districts) public resource trading jobs.

    Article seventh related administrative authorities in accordance with the relevant laws, regulations and rules, activity monitoring of public resources in accordance with their respective responsibilities.

    Article eighth administrative supervisory organs of public resources to monitor trading activities relating to the behaviour of economic agents.

    Auditing departments shall exercise audit supervision over trading activities on public resources. Nineth public resource trading activities should be in the city, the County Government established public resource Exchange Center (hereinafter referred to as trading center).

    Trading center is responsible for the following:

    (A) for all types of public resources places transactions facilities, the service specification.

    (B) the establishment of public resources information platform, transaction information collection, storage and dissemination of public resources, and provides for public resources transactions and other related policies, regulations and technical advice services.

    (C) assist the relevant departments according to law the parties of the transaction, enter of intermediary bodies to eligibility verification transaction.

    (D) to relevant administrative departments to provide supervision conditions, witness public resources, trading activity and assist the relevant Department to handle transactions generated controversy and dispute.

    Article tenth of the following public resources should exchange transactions:

    (A) State investment and construction projects must be tendered, includes must be tendered for transportation, water supplies, housing and public works construction project surveying, design, tender agent, construction, supervision and construction-related equipment and materials procurement, transportation and water conservancy construction projects at all levels of Government to raise the necessary funds, such as BT and BOT financing way of selected construction projects.

    (B) the State organs, institutions and organizations with financial resources and with the support of the self-financing, purchase level announced by the Government buyer directory within the procurement thresholds or more types of goods, construction and services.

    (C) the assignment of the right to use State-owned land bidding, auction and listing, including judicial rulings for debt settlement needs to be auctioned or listed for disposal of land.

    (Iv) bidding, auction and listing of exploration rights and mining rights transfer.

    (E) State-owned and State-holding, equity participation, collective property rights trading.

    (Vi) administrative institution State-owned assets and administrative, judicial foreclosure transactions in assets and asset to the proceedings.

    (VII) all using State funds or State funds of project planning, engineering consulting, assessment and selection of the tender agent and other intermediary service organizations.

    (H) the transactions of the Municipal Government to determine other social resources, including cultural, sports, education, health, transport and municipal public utility projects such as franchise, franchise, as well as derivative of the right to development, rights, use rights, naming rights and other related rights, attached to the municipal facilities engaged in the business, the State-owned buildings and ancillary equipment, facilities.

    (I) the trading intermediary services related to the project with public resources.

    (J) the laws and regulations of other public resources development right, right, right, and other related rights.

    11th in accordance with these regulations, shall enter the trading center traded public resources, run in conjunction with the relevant Administrative Department of the public according to the actual preparation of the list of transactions in accordance with law, approved by the Government at the same level after the implementation. 12th national security, confidentiality and other special reasons cannot be traded according to prescribed procedures, shall be reported to the public administration Committee for approval.

    Due to emergency response, emergency rescue and disaster relief cannot be traded into the Trade Center, approved by the Government at the same level, would report to implement transactions reported to the public administration Committee.

    13th catalogued items should be reported by the relevant Administrative Department of the public administration Committee approved, entered the trading center for entering transactions. 14th transactions using government money needed mediation services should be reported by the competent administrative Department of the public administration Committee approved extraction of intermediary service organization.

    Extraction of intermediary service organization and public administration Committee should supervise.

    Transaction limit of 15th fiscal Department of public resources, in accordance with the relevant procedure approval be issued.

    16th Trade Center should be in accordance with the decisions of the public administration Committee for public resources and provides services. Article 17th approved trade projects, tenderers should be required to publish in the media transaction information.

    Relevant administrative departments should the transaction information reported to the public administration Committee for the record. 18th a bidder shall, in accordance with the tender documents required to attend the bid opening meeting.

    Trading center for bidders to provide registration, purchase of tender documents, the submission of bid documents and other services.

    19th transactions of public resources the bidder should be in accordance with relevant laws and regulations and bidding (Exchange) file to pay margin.

    Bond implementation of account management, deposited in the municipal and County Government designated bank accounts, after the transaction is completed in accordance with the return.

    20th public resource trading project taking members of the Evaluation Committee of experts should be carried out at the Trade Center, extraction should be carried out by relevant administrative departments, run and monitor the public sector monitor.

    21st a tenderer or a procuratorial Agency in accordance with the law and tender document requirements, organize bid opening meeting at the Exchange Center.

    Tender or bid invitation Agency shall inform related supervision departments to monitor one business day in advance.

    22nd the bid should be set at the Trade Center bidding sites, during the bid evaluation in addition to the bid evaluation Committee members, shall not be entered by anyone else.

    Related supervision departments should monitor the electronic surveillance and other means.

    23rd the bid Committee's bid evaluation results, by tender or bid invitation agencies publish in the media, relevant administrative departments of the evaluation results should be reported to the public administration Committee for the record.

    24th administrative departments shall supervise contract signing and performance, and to report in writing to the public administration Committee oversight.

    25th bad behavior should be developed by the Administrative Department standards, credit information and credit evaluation approaches, public resources supervision network in a timely manner and to update the relevant information.

    Credit information unit shall use credit information results may not illegally limit bidding firms, intermediaries and other market players to enter the local market.

    Article 26th run should the public regularly or irregularly on examination and appraisal of all kinds of trading activity.

    27th public administrative office, the relevant administrative authorities and supervisory organs shall establish a complaint released Windows and telephone complaints, complaints in accordance with law.

    In transactions of public resources, with one of the following circumstances, run shall notify the relevant Administrative Department of the public to stop and deal with related administrative departments should run feedback the results to the public:

    (A) shall enter the transaction without entering or avoid entering transactions;

    (B) must be carried out in accordance with law without public bidding through open tender;

    (C) violation of trading program during the bidding process and other relevant provisions;

    (D) the strings during the transaction, leaks and other acts;

    (V) publish transaction information, pay a security deposit not according to stipulations;

    (Vi) any other violation of tendering and bidding transactions stipulated by relevant laws and regulations.
28th public pipe Office, Trade Center, Administrative Department staff shall not participate in activities such as evaluation, not recommended bidder, shall not in any way disclose inside information.

    National staff in activities of public resources, in violation of relevant laws and regulations by their units, the competent department or departments shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. 29th April 20, 2013, the purposes herein.