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Interim Measures For The Transaction Management Of Public Resources In Anshan City

Original Language Title: 鞍山市公共资源交易管理暂行办法

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Provisional approach to the management of public resource transactions in mountainous municipalities

(Summit No. 148 of the 14th People's Government of San Francisco, 13 August 2012) considered the adoption of the Decree No. 176 of 31 August 2012 on the date of publication from publication)

Chapter I General

In order to improve the system of public resource marketization in my city, to establish a public resource transaction market that focuses on harmonization and operational norms, to optimize the economic and social development environment, to prevent corruption from the source, to preserve the national interests, the public interest and the legitimate rights of the parties, to develop this approach in line with the bidding law of the People's Republic of China, the procurement law of the Government of the People's Republic of China, the auction of the People's Republic of China and national policy provisions.

Article 2 uses State-owned construction projects to solicit tenders and government procurement, State land use rights concessions, State (collective) production (company) transactions, municipal-level approval mining rights transactions, and public resource transactions using over-hazard state-owned funds, within the framework of the city's cities, wings, wardswings, and self-government districts, using construction projects using the funds of higher-level State funds to solicit tenders and public procurements, mining rights transactions for municipal approval.

Article 3. Public resource transactions insist on government ownership, segregation, central trading, normative operation, sector regulation, administrative inspection principles, and focus public resource transactions on a trading platform, in accordance with the requirements of uniformed ground transactions, the publication of information, the harmonization of transaction rules and the harmonization of regulatory measures.

Article IV does not allow any unit or individual to circumvent the transaction on any grounds and manner, for projects that are required to enter into the transaction.

Any unit or individual shall not be subject to the law or exclude potential bidders, competing buyers, suppliers, transferees (hereinafter referred to as bidder) to participate in the transaction without in any way unlawful interference in transaction activity.

Chapter II

Article 5 is the leadership of the Municipal Council for the Management of Public Resources (hereinafter referred to as the Committee) as the public resource transactions in my city, which is responsible for studying key issues in the work of public resource transactions.

The San Francisco Public Resources Exchange Authority (hereinafter referred to as the Public Resources Management Service) is the management, supervision, coordination body for the management of public resource transactions in my city and assumes the day-to-day work of the Board. Its specific responsibilities are:

(i) Integrated management and macro-directing of public resource transactions across the city;

(ii) Develop rules and work systems for the management of public resources at the municipal level;

(iii) To prepare a directory of the transaction of public resource projects in the hunt city;

(iv) On-site monitoring of public resource transaction activities;

(v) To evaluate the establishment and use of the pool of experts;

(vi) Establishment, management and use of the directory of the agency responsible;

(vii) Coordination with departments or units relevant to public resource transactions;

(viii) Advocate, follow-up and implementation of laws and guidelines on public resource transactions;

(ix) To receive complaints reports from public resource transactions and to coordinate the processing of the relevant sectors.

Article 6. The Shelter Municipal Centre for Public Resources Transactions (hereinafter referred to as the transaction centre) is the only body for public resource transactions “Organization, management, services” in the city area to organize and organize public resource transaction activities. Its specific responsibilities are:

(i) Provision of openings, evaluation sites and services for public resource transaction activities;

(ii) Organizing trade documents for the publication of trade announcements, trade findings, etc.;

(iii) To establish a guide for searching, advisory services and public resource transaction services;

(iv) The expert is charged with drawing, using;

(v) The construction, maintenance and management of electronic network information systems;

(vi) To maintain the order of transaction activities and to assist the regulatory authorities in dealing with violations and violations of transactions;

(vii) To receive the questioning;

(viii) Competency with the organization or participation in the performance of transactions activities;

(ix) The collection, collation, archiving, archiving and archiving of information, such as text, audio and photography.

Article 7

The municipal inspectorate is responsible for monitoring public resource transactions across the city and the performance of the relevant departments and units.

The municipal audit department is responsible for auditing the public resource transaction activity by law.

Chapter III Scope, modalities and procedures of transactions

Article 8 incorporates the following public resource transaction activities included in the directory of public resource transactions in the city, and must enter the transaction centre:

(i) The use of State-owned funds or State-owned construction works, including procurement of project surveys, design, construction, treasury and important equipment related to construction works, and the selection of funding-building project implementation units such as BT, BOT, TOT, etc.;

(ii) Conduct of the use of financial funds for the centralized procurement of goods, construction and services that are within or above the procurement threshold;

(iii) Procurement in the form of a directory of government procurement that uses State funds or national financing, as well as equipment and materials that are subject to procurement limits;

(iv) State ownership of land use, prospecting and mining rights;

(v) Transfer of State (collective) enterprise production (company);

(vi) The disposal of State assets by executive organs, business units;

(vii) The disposition of property, such as State assets, the judiciary and the administrative law enforcement services, which are not subject to financial penalties, the irremovable property, the owner and the debt bond;

(viii) Transfers of business advertisements for large-scale outdoors, road bridges and streets, public transport routes and rental vehicle transport rights, water supply, gas-for-profit industries;

(ix) Procurement of medicines and medical equipment in public health institutions;

(x) Other public resource transaction activities that should be used by law.

For national security, confidentiality and other special reasons, transactions cannot be made in accordance with the prescribed procedures and shall be submitted to the Board for approval. Because emergency response and risk-recovery cannot enter transactions at the transaction centre, a post-trainer case may be reported by the municipal authorities, with the approval of the Government.

Article 9. Public resource transactions generally apply to open tenders, auctions and walls. Other transactions or changes in the manner of the transaction are carried out by tenderers, centralized procurement agencies, lenders, transferees, etc., are reviewed by the Principal Management Service, and by the approval of industry management or project approval.

Article 10. Public resource transaction activities that enter the transaction centre shall be carried out by law. The transaction centre shall provide related services in the areas of business receipt, transaction arrangements, information dissemination, site facilities and financial settlement.

Article 11. General procedures for public resource transactions include applications, acceptance of applications, documentation preparation, issuance of notices, issuance of documents, issuance of documents, receipt of documents, extract of experts, organization of evaluation, results announcements, medium notices (contribution of confirmations), contract signatures, contract receipts, documents file etc.

Specific public resource transactions procedures and rules are implemented after the approval of the municipal government, in accordance with the type and content of transactions, by the Bureau and the relevant authorities, in accordance with the relevant laws, regulations.

Chapter IV Trade management

Article 12. The evaluation site shall not enter into force except for the evaluation of experts and the necessary staff.

In the course of the evaluation, the evaluation expert shall not change the evaluation methodology and evaluation criteria set out in the transaction documents and other personnel shall not be involved in the evaluation.

Article 14. The parties involved in the contract shall not be allowed to change, suspend or terminate the contract.

Article 15 prohibits transactions by:

(i) The law, regulations and regulations expressly prohibit;

(ii) The inexclusivity of resources property rights;

(iii) The disputed nature of the disposal authority;

(iv) mandatory measures such as justice, administration, arbitration;

(v) The duration of the legal contract is not attained;

(vi) The submission of the information is incomplete or misleading;

(vii) Other cases to be prohibited by law.

Article 16 has one of the following cases in which the transaction is invalid:

(i) Violations of national legislation, relevant provisions of legislation and procedures for transactions;

(ii) The party to the project does not have a trading qualifications;

(iii) The unauthorized transaction;

(iv) The trader's malicious collation of transaction manipulation activities;

(v) Project licensor, the procurementr to deal with public resources in his or her capacity as bidders;

(vi) Other laws, regulations stipulate that transactions are invalid.

Article 17 states:

(i) The transaction cannot be carried out by force majeure;

(ii) The right of a third party to challenge the right of a transaction to be at the time of the transaction has not been ruled;

(iii) In cases where the owner's property is transferred as a whole, the staff and retirees are not properly accommodated;

(iv) Other cases where the transaction should be suspended by law.

Article 18 states that:

(i) The People's Court, the arbitral body or administrative law enforcement authorities recognize that the solicitation, the procurementr, the lender and the transferor's public resources are not processed;

(ii) In-kind loss of the trademark;

(iii) Other cases of transactions should be terminated by law.

Chapter V Oversight management

Article 19 should strengthen public resource transaction controls with industry management, inspection services that focus on administrative regulation, law enforcement oversight, administrative inspection.

Article 20 should be synchronized by the relevant regulatory authorities with the full coverage of public resource transactions through the e-monitoring platform.

Article 21 should establish a system of business credit evaluation for trading parties, brokering agencies and evaluation experts to manage their activities dynamically. Where there is a violation of the provisions or a record of malfunctioning, industry management is dealing with restrictions on access to the public resource transaction market.

Article 2 challenged public resource transaction activities or found violations in the transaction activity, which could be reported to the Public Service or industry management and to the inspection department, under the terms of the complaint, by the relevant authorities in accordance with the terms of reference.

Chapter VI Legal responsibility

Article 23, in violation of this approach, provides that one of the following acts is responsible for immediate change and is disposed of in accordance with the relevant provisions by the inspectorate, the industrial administration or the superior authorities; constitutes an offence and transferred to the judiciary.

(i) The transaction should be entered into without the transaction or circumvented;

(ii) The participation of potential bidders in public resource transactions without reasonable conditions;

(iii) No public solicitation must be made in accordance with the law;

(iv) Violations of transaction-related provisions in the course of public resource transactions.

Article 24 provides for projects that should be entered into transactions of the transaction centre without entry, the project approval sector shall suspend the implementation of the project in accordance with the law, and the relevant administrative authorities shall not grant funds, permit notes, property owner, registration, change and receipt.

Article 25

Article 26

Chapter VII

Article 27 deals centres perform paid services for entry transactions projects and are implemented in accordance with the fee rates approved by the price sector.

Article 28 provides for public resource transactions, as well as legal, regulatory and other provisions.

Article 29 refers to the management of public resource transactions in sea cities, veterans, nascent areas of self-government.

Article 33 is implemented since the date of publication.