The 29 sector: Joint Disciplinary action against the serious breach of law in the field of government procurement.

December 2018 06, 10:13, source: People's net
 

People's network Beijing Beijing electric December 6th (reporter Chen Meng), according to the NDRC official website, in order to speed up the construction of the credit system in the government procurement field, establish and improve the Joint Disciplinary Mechanism of dishonesty, the 29 Departments of the national development and Reform Commission, the people's Bank of China, the Ministry of Finance and the central organization department jointly signed the memorandum of cooperation on the joint punishment of the serious breach of law in the field of government procurement.

The memorandum notes that the object of joint punishment refers to the parties who violate the "government procurement law" and other laws, regulations, regulations and normative documents in the field of government procurement, and violate the principle of good faith. There are two categories, one is government procurement suppliers, agencies and their direct responsible personnel and other responsible personnel; the two is government procurement evaluation experts.

In terms of information sharing and implementation of joint disciplinary action, the memorandum requires that the Ministry of finance, through the national credit information sharing platform, provide information on the main body of the letter breaking responsibility to other units that sign the memorandum and update it dynamically in accordance with the relevant provisions. Other units get the information of the main body of the credit breaking responsibility from the national credit information sharing platform, and regard it as an important reference for performing their duties according to law. In accordance with the contents stipulated in the memorandum, the joint disciplinary action is carried out in accordance with the law. The regular notification mechanism of disciplinary effect is established. The relevant units regularly feedback the implementation of joint disciplinary actions through the national credit information sharing platform to the national development and Reform Commission and the Ministry of finance.

According to the memorandum, each unit adopts one or more disciplinary measures against the subject of breach of faith in accordance with the relevant provisions. Include:

(1) to restrict the acquisition of financial subsidies and social security funds in accordance with the law;

(two) to restrict the bidding activities of government invested projects in accordance with the law;

(three) to restrict the acquisition of land supplied by the government according to law;

(four) the qualification and certification certificate of certification institutions shall be restricted according to law.

(five) to restrict participation in infrastructure and Public Utilities Franchise in accordance with the law;

(six) setting up approval and reference for securities companies, fund management companies and Futures Company;

(seven) establish a commercial bank or branch or representative office for examination and approval;

(eight) the examination and approval of establishing an insurance company;

(nine) the application for issuance of corporate bonds will not be accepted.

(ten) strengthen the management of debt financing instruments for registered non-financial enterprises;

(eleven) according to the law as a corporate bond approval or filing reference;

(twelve) stock and Switching Company bond issuance audit and reference for the public transfer of national SME share transfer system.

(thirteen) as a domestic listed company, a stock incentive plan or related personnel should be used as a reference for post supervision of equity incentive objects.

(fourteen) the listed companies or non listed public companies should pay close attention to the post purchase supervision.

(fifteen) the application for securities, funds and futures qualifications should be strictly examined, and the relevant subjects of securities, fund and futures practitioners should pay special attention to it.

(sixteen) reference for major asset restructuring audits of unlisted public companies;

(seventeen) the reference of the independent fund sales organization for examination and approval;

(eighteen) to restrict Internet information services and strictly examine the application of the telecommunications business license;

(nineteen) reference for financing and credit granting by financial institutions;

(twenty) strengthen routine supervision and inspection;

(twenty-one) to restrict the legal representative, director and supervisor of a state-owned enterprise in accordance with the law.

(twenty-two) legally restrict registration as the legal representative of a public institution;

(twenty-three) to restrict directors, supervisors and senior managers of financial institutions in accordance with the law.

(twenty-four) recruitment is a reference for civil servants or staff of public institutions.

(twenty-five) to restrict participation in the evaluation, evaluation or award of honorary titles;

(twenty-six) prudent reference for tax credit management;

(twenty-seven) prudent reference for approval and management of foreign exchange business;

(twenty-eight) to become a customs certification enterprise in accordance with the law;

(twenty-nine) strengthen supervision and control of import and export goods;

(thirty) limiting the rights and interests of the transferee toll roads according to law;

(thirty-one) suspend the examination and approval of related science and technology projects;

(thirty-two) strict and prudent approval of EIA matters for new extension projects;

(thirty-three) as a reference for restricting the allocation of import tariff quotas;

(thirty-four) it is announced to the public through the "credit China" website, the China government procurement network, the national enterprise credit information publicity system and other major news websites.

(Editor: Feng Li, Yuan Bo)

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