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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379308.shtml

Interim measures for the transaction management of public resources in Anshan city

    (August 13, 2012, Anshan city, 14th session of the Standing Committee of the people's Government of the 148th consideration through August 31, 2012, Anshan city people's Government announced come into force on the date of promulgation, 176th) Chapter I General provisions First article for perfect I city public resources market configuration system, established concentrated unified, and operation specification of public resources trading market, optimization economic social development environment, from source prevention corruption, maintenance national interests, and social public interests and party of lawful rights and interests of, according to People's Republic of China tender bid method, and People's Republic of China Government procurement method, and People's Republic of China auction method and national about policy provides, combined I city actual, developed this approach.

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    Second article in this city urban range within, using state-owned funds of construction project enrollment bid and Government procurement, and State-owned land right transfer, and State-owned (collective) produced (unit) right trading, and city level approval of mining right trading and in haicheng, and Tai an, and xiuyan Manchu autonomous county range within, using Anshan city level above State-owned funds of construction project enrollment bid and Government procurement, and city level approval of mining right trading, public resources trading activities applies this approach. Article run separating the transactions adhere to Government-led, public resources, run centralized trading, regulation, principles of supervision, administrative supervision, in accordance with the uniform entry transaction, unified information, uniform trading rules, uniform regulatory requirements, public resources transactions in one trading platform. Fourth law must approach trading project, no unit or individual may, on any grounds, and to avoid entering transactions.

� No unit or individual may illegally restrict or preclude potential bidders, bidders, suppliers, assignees (hereinafter referred to as bidder) participate in transactions, shall not in any way illegal interference in the trading activity.

    Chapter II responsibilities Article fifth public resource in Anshan city and Exchange Commission (hereinafter referred to as Committee) is the city's leadership in public trading work, study major issues in public resource trading jobs.

� Anshan public resources trading authority (hereinafter referred to as the public authority) is the city's trading of public resources management, supervision, coordination bodies, take on the daily work of the public administration Committee.

Its specific responsibilities are:

(A) be responsible for trading activities and integrated management of public resources and macro-guidance;

(B) establish municipal public resource and exchange rules and system of work;

(C) public resources in Anshan city, responsible for the preparation of list of account transactions;

(D) the trading activities, site supervision and management of public resources;

(E) is responsible for the establishment and application of evaluation expert terminal management;

(F) the directory library is responsible for the Agency's creation, management and use;

(VII) is responsible for dealing with public resources coordination of relevant departments or units;

(H) advocacy, implementation, implementation of laws and regulations on transactions of public resources and policies; (I) the trading activity complaints of public resources, and coordinate with related departments to handle the work. Anshan city, sixth Trade Center for public resources (hereinafter referred to as transactions), public resources are the urban areas trading "organizational, management and service," the only body, arrange and execute transactions of public resources.

Its specific responsibilities are:

(A) trading activity bid opening, bid for public resource sites and services;

(B) is responsible for organizing the preparation of transaction documents, publish results announcement, trading information such as;

(C) responsible for creating queries, advisory services and public resource guide to trading services;

(D) be responsible for extraction, use of experts;

(E) responsible for construction, maintenance and management of network information system;

(Vi) is responsible for maintaining the order of transactions to help regulators address the issue of illegal or irregular trading activities;

(VII) is responsible for handling questions;

(H) organize or engage in trading activity performing inspection work; (IX) responsible for text, audio, pictures and other data collection, sorting, filing, archiving, archive enquiry services provided.

Article seventh municipal development and reform, construction, financial, land and resources and other related industries, State-owned assets management departments, in accordance with their respective responsibilities, to do a work in public resource management. Municipal supervision Department is responsible for the city's public resource trading activities as well as the duties of relevant departments and units to monitor the situation.

� Municipal Audit Department is responsible for the activity of public resources in accordance with law, audit and supervision.

    Chapter III scope, modalities and procedures

Article eighth into the Anshan public resource list of account transactions the following transactions of public resources, you must enter the Trade Center deals:

(A) using State funds or State funds building projects, including project investigation, design, construction, supervision, as well as important and construction-related materials, such as the purchase of equipment, use of BT, BOT, TOT financing mode selection of construction project implementation units;

(B) the use of financial funds purchase buyer directory within the procurement thresholds or more types of goods, construction and services;

(C) to use State funds or State financing within a government procurement catalog and purchase limit above standard equipment and materials procurement;

(D) the State land use and municipal approval of exploration right and mining right transfer;

(E) State-owned (collective) enterprises (share) rights;

(F) the disposal of State-owned assets of administrative organs, enterprises and institutions;

(G) the State-owned assets involved in a lawsuit to the proceedings, the judiciary and the administrative law-enforcement departments confiscated, not returning stolen property, unclaimed property and the disposal of debt-equity swaps and other property;

(VIII) outdoor advertising right, road, bridge and street naming rights, bus lines and taxi operating rights, water supply, gas supply, such as special industry transfer of managerial authority;

(I) the purchase of medicines and medical devices in public health institutions;

(10) other legal activity in market allocation of public resources should be carried out. On national security, confidentiality and other special reasons cannot be traded according to prescribed procedures shall be reported after the audit of the public authority, Public Administration Committee for approval. Due to emergency response, emergency rescue and disaster relief cannot be traded into the Trade Center, approved by the municipal government, public authority after the transaction record. Nineth public resources general public bidding, auction and listing 3 ways. Using other forms of transaction or change the deal, respectively, by the tenderer, centralized purchasing agencies, application by a transferor, transfer, and examined by the public authority, the Industry Department or the project examination and approval Department approval before implementation. Article tenth all trading activities into the Trade Center's public resources should be carried out according to law. Trading center should be in the business reception, arrangements, information, facilities, financial settlement, and provides related services. 11th general public resources trading program include: applications, applications, documentation, announcement, registration accepted, file release, experts are extracting, organizing, results announcement, the winning bidder notification (confirmation), contract signed, contract acceptance, file archiving, and so on.

� Specific transaction procedures and rules of public resources, according to transaction categories and content by the public authority in conjunction with the relevant departments in accordance with the relevant laws and regulations be enacted separately, reported to the municipality for approval before implementation.

    Fourth chapter transaction management 12th review site in addition to the review experts and the necessary staff, and other persons are not permitted.

    � 13th evaluation experts in the review process and may not alter the transaction documents set forth the method of assessment and evaluation criteria, and other personnel shall not participate in the review.

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    Article 14th participation in the Contracting Parties are not allowed to alter, suspend or terminate the contract.

15th under any of the following circumstances, prohibited transactions:

(A) expressly prohibited by laws, rules and regulations;

(B) resource ownership is not clear;

(C) the disposal rights dispute;

(D) judicial, administrative, arbitration enforcement measures that have been taken;

(E) legal contract period has not expired;

(F) submission of incomplete information or deception; (VII) other circumstances that should be banned by law.

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16th under any of the following circumstances, trading is not valid:

(A) in violation of relevant provisions of national laws, regulations and procedures;

(B) the transactions do not have trading qualification of a party;

(C) without the approval of unauthorized transactions;

(D) the parties colluding to manipulate trading activities;

(E) project tender, procurement transactions of public resources in bidders person; people, commissioned by the assignor makes to manage public resources;

    (Vi) other trading laws, regulations invalid.

17th under any of the following circumstances, suspension of trading:

(A) transactions not resulting from force majeure;

(B) the transaction during the third party to the transaction object has not yet ruled on the right of attribution of resources;

(C) when the transfer of property right of State-owned enterprises and institutions as a whole, workers and retirees have not been properly resettled; (Iv) other circumstances that warrant the suspension of trading in accordance with law.

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18th under any of the following circumstances, to terminate the transaction:

(A) the people's Court, arbitration institution or the law enforcement authorities confirmed the tenderer, procuring, sale person, the assignor no discretion on its Commission of public resources;

(B) the physical loss of trading; (C) other circumstances that legally must terminate the transaction.

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    Supervision and administration of the fifth chapter 19th public authority shall, in conjunction with administration, supervision sector build administrative supervision, focusing on law enforcement and supervision, administrative supervision of the regulatory system, strengthen public resource and Exchange.

    � 20th regulatory authorities should be an electronic surveillance platform of public resources for full coverage, full time, the whole process of audio-video synchronization monitoring.

    � Article 21st public authority shall establish a trading party, intermediary agencies and experts working in credit evaluation system, dynamic management of its business activities. Where there is a violation of regulations or a record of bad behavior, industry Management Department at the same time restrict their access to public resources market.


    22nd article of public resources transactions challenged or found trading activities in violation of, or industrial management, as well as to the public authority Watchdog complaints, according to the complaint, investigated by the relevant departments in accordance with the terms.

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    The sixth chapter legal liability 23rd violates these rules, any of the following acts shall be ordered to immediately correct, and managed by the supervisory departments, industry sector or the competent departments to be disposed of in accordance with the relevant provisions constitutes a crime, transferred to judicial organs for handling.



(A) should enter transactions without entering transactions or avoid entering trades;

(B) unreasonable conditions restrict or preclude potential bidders to participate in the transaction of public resources;

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

    (D) public resource that is violation of the relevant provisions of the trading transaction. 24th to be projects that are not entered into the Trade Center transactions, project examination and approval Department shall suspend implementation, for which relevant competent administrative departments shall not apply for allocation of funds, license photo, title transfer, registration, change of use and acceptance procedures.

    � 25th business parties, intermediary agencies and evaluation experts of illegal or irregular behaviour, by the related departments to be dealt with according to law.

    � Article 26th transactions of public resources to the relevant staff beyond the terms of reference, dereliction of duty, abuse of power, favoritism, and by their work units, the competent department or departments shall be given administrative sanctions constitutes a crime, transferred to judicial organs for handling.

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    The seventh chapter by-laws

    Admission is 27th trading center on the trading account of paid services, in accordance with the standard approved by the commodity price departments. 28th public resource transactions, otherwise provided by laws and regulations, from its provisions.

    � 29th article, haicheng, Taian County, xiuyan Manchu autonomous county of public resources and Exchange by reference to these measures.

    � 30th article this way come into force on the date of promulgation.