Advanced Search

Ways To Manage Public Resources In Urumqi Trading

Original Language Title: 乌鲁木齐市公共资源交易管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Chapter I General

Article 1, in order to strengthen the management of public resources, improve the efficiency and quality of public resource allocation, establish fair and honest market order, and develop this approach in the light of the laws, regulations and regulations such as the bidding law of the People's Republic of China, the Law on Procurement of the Government of the People's Republic of China.

Article II applies to public resource transactions and their management within the city's administration.

Article III refers to public resources as described in this approach, which refers to all or managed by State organs, business units and authorized organizations, with public and public-private resources.

Article IV. The Government of the city has established the Committee on Public Resources Transactions Management, which is responsible for decision-making, coordination and leadership on major issues of public resource transactions in the present administration.

Article 5: The Public Resources Transaction Management Office of the Municipalities is established under the Urban Resource Exchange Management Board to regulate public resource transactions in the present administration; the Public Resources Exchange Centre, which is affiliated to it as a public resource transaction site and service platform in this city, assumes specific responsibility for public resource transaction services and management.

Sectors such as development and reform, finance, construction, national land resources, water, sanitation, environmental protection, State asset management and urban management are synergistic in the management of public resource transactions within their respective responsibilities.

The auditing and inspection body, the inspection body, is carried out by law with respect to public resource transactions.

Article 6. The Government of the city should promote the establishment of a public resource transaction, services, monitoring information system, the integration of market information, credit information, oversight information, expert resources, and the progressive realization of the transition of public resource transactions from a tangible market to an electronicized platform.

Article 7. Implementation of the harmonized trading platform, harmonization of field transactions, harmonization of transaction rules, harmonization of transaction processes, and harmonization of regulatory mechanisms.

Chapter II

Article 8. Public resources included in the catalogue should be used for transactions, such as tendering, auctions, competitive prices, wallboards, competitive negotiations, solicitation and single-source procurement.

The following items should be included in a directory of public resource transactions:

(i) Pursuant to the law, open tendering, invitations to tender construction projects, including procurement of project surveys, design, construction, treasury and essential equipment materials related to construction works;

(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, municipal authorization for mining;

(v) The right of State (collective) to enterprise (company), claims, intellectual property transfers (other than otherwise provided by law);

(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 power-making, road bridges and street sites, water supply, heating, etc. in special industries;

(ix) Publicly non-profit medical equipment procurement;

(x) Various environmental resource transactions such as decentralization;

(xi) Other public resource transaction projects that should be included in the catalogue in accordance with the law.

Article 9. The directory of public resource transactions is prepared by the Municipal Office for Public Resources Transaction with the relevant departments and is published following approval by the Government of the city.

Amendments to the directory of public resource transactions are implemented in accordance with the procedures set out above.

Article 10 projects included in the directory of public resource transactions should be transactioned in the public resource transaction centre.

Public resource transaction projects not included in the management directory are encouraged to enter into transactions at public resource transaction centres.

Chapter III Trade management

Article 11. The Public Resources Transactions Management Office should establish procedures and rules for sound public resource transactions and report on implementation by the Government of the city. The trade items included in the directory of public resources transactions are covered by laws, regulations and other provisions of the transaction procedures and rules, from their provisions.

The public resource transaction process generally includes transaction commissioning, documentation preparation, publication of information, presentation of receipt, document sale, evaluation of expert drawing, opening, evaluation, outcome statements, intermediate notice (recording to the confirmation), contract signing and filing, transaction information file, etc.

Article 12, all public resource transactions in the field, should be in accordance with the legal, legislative and regulatory terms.

One of the following cases shall not be admissible:

(i) Not authorized by law;

(ii) The right is controversial;

(iii) Be restricted by law;

(iv) Laws, regulations stipulate other conditions prohibiting transactions.

Article 13 includes trade items on the directory of public resources transactions, which are regulated by law, legislation and regulations in the manner of transactions, from their provisions; does not provide for the determination of transactions by the relevant administrative authorities in accordance with the law, and transmits the results to the Office of Public Resources Management.

There is a need for changes in the manner in which the public resource transaction project is transactioned, and the municipal office for public resource transaction management will be adjusted by law with the relevant administrative authorities.

Article 14. The Public Resources Transaction Management Office shall establish a pool of experts for the evaluation of public resources transactions in accordance with the criteria for the professional classification of experts.

The members of the Public Resource qualification Review Commission, the Commentary committee, the negotiating group, the solicitation team shall be drawn from the evaluation of the pool of experts.

Article 15. The construction of tenders and government procurement projects shall be carried out in accordance with the law of the State's funds of the Control Unit or of the dominant position, and the selection of candidates in the bid shall be based on the application of the lowest bid price law, the comprehensive evaluation method.

National property rights and equity transactions and the use of power by state-owned land should be used to identify successful candidates using an effective best value assessment method.

Article 16 states that:

(i) The right to public resources in the course of the transaction is contested and has not been determined by law;

(ii) The failure of the transaction system leads to the failure of the transaction;

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

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

After the exclusion of the reasons for the suspension, the Office of the Public Resources Transaction of the city decided to return or terminate the transaction on the basis of the actual situation.

Article 17 states that:

(i) The People's Court, the arbitral body or the relevant administrative law enforcement authorities have confirmed that the project unit has no right to deal with the projects entrusted to it;

(ii) The project has not been transactioned within three months from the date of the commissioning, without justification within seven days of the reminder;

(iii) Other circumstances in which the transaction should be terminated by law.

Public resource transaction centres should establish a unified account for public resource transaction bonds to remit tender bonds for the parties to the transaction. The management of the income and expenditure line is governed by the provision for the harmonization of transaction services.

Article 19 Competence between public resource transaction project units and public resource transactions should be concluded in a timely manner, in accordance with the requirements of the transaction documents, to clarify the rights obligations of both parties.

The public resource transaction project unit and the public resource dealer shall not enter into other agreements that are contrary to the substantive content of the contract.

The Public Resources Transactions Project Unit shall be sent within seven days to the Public Resource Transactions Management Office.

Article 21

(i) A combination of zero or otherwise circumventive transactions;

(ii) The establishment of tendering units that are unreasonably excluded and discriminated against potential public resources;

(iii) Exemptive suspension and termination of project transactions;

(iv) The unauthorized refusal to enter into a transaction contract or the provision thereof;

(v) Size transactions with tendering units or members of the evaluation committee.

Article 22 Competition units of public resource transactions projects should be subject to trading procedures and rules without the following acts:

(i) Bemarked in the trade-off, either on behalf of others or otherwise;

(ii) Concrete or complicate the mark by means of law such as bribery;

(iii) Constraints, counterfeiting materials or obtaining evidence of material by means of illicit means to challenge, object or complain.

Chapter IV Oversight management

Article 23. The Office of Public Resources Transaction shall establish a regulatory system for public resource transactions with the relevant administrative authorities, the inspectorate shall undertake a process-wide oversight of public resource transactions and progressively e-commerce, informationization and publicization of public resource transactions.

Article 24 provides that the Public Resources Transactions Management Office should develop a public resource transaction centre management system, service protocols, etc. to guarantee the order and security of the transaction activity place.

Article 25

Any unit or person of article 26 may lodge a complaint to the Office of the Public Resources Transaction Management of the city if there is a violation of the public resource transaction activity or where the transaction is found.

Complaints may not be made by means of a complaint as an exclusive competition, without false and malicious complaints, and may not impede the normal conduct of public resource transaction activities.

Article 27 of the Public Resources Transactions Management Office of the City shall be admissible in a timely manner and shall be entitled to access, replication of relevant documentation information, investigation of relevant cases, and to cooperate with the relevant units and persons.

The Public Resources Exchange Management Office of the City shall review complaints matters in accordance with investigations and evidence. Complaints are real and transactional offences and should be dealt with by law.

Article 28 should establish and improve public resource transactions subjects and practitioners' credit supervision management mechanisms to regulate their eligibility reviews and be recorded in poor credit files in violation of regulations or bad behaviour.

The Public Resources Transaction Management Office should make public resource transactions subject and practitioners' credit records, violations and their dispositions available to society.

Article 29 provides that the Public Resources Transactions Management Office of the Municipalities shall strengthen oversight inspections with the relevant authorities for compliance with public resource transactions.

Chapter V Legal responsibility

Article 33, in violation of the provisions of this approach, requires that the transaction should be entered into without the transaction or that it should be circumvented by the Office of the Public Resources Transaction Management to reproduce it immediately and transferred to the relevant administrative authorities to deal with it in accordance with the law; the relevant administrative authorities should give feedback to the Office of Public Resources Transaction.

For projects that should be entered into without access to a transaction, the project approval sector shall suspend the project implementation by law, and the relevant administrative authorities shall not grant funds, permit notes, property owner, registration, change and receipt.

Article 31, a competition for public resource transactions refused to enter into a public resource transaction contract, which is provided for by law, regulations, regulations and regulations; no provision is made for a period of time to be converted by the Office of the Public Resources Transactions Management; for losses, liability is assumed by law.

Article 32, in violation of this approach, provides that the period of time for the filing of a public resource transaction contract is corrected by the Office of the Public Resources Transaction Management; the refusal to reproduce it by the authorities concerned to dispose of the competent and other direct responsibilities directly responsible for the unit.

Article 33

Article 34, Public Resource Transactions Management Office and other staff with public resource transaction oversight responsibilities toys negligence, provocative fraud, abuse of authority, are given administrative disposition by law, which constitutes an offence and are criminally criminalized by law.

Annex VI

Article 55 of this approach is implemented effective 10 August 2015.