Article 1 In order to standardize the operation of the public **** resources trading platform, improve the efficiency and effectiveness of the allocation of public **** resources, strengthen the supervision and control of the operation of power, and safeguard the national interests, the interests of the social public **** and the legitimate rights and interests of the parties to the transaction, according to the relevant laws and regulations and the "General Office of the State Council on the issuance of the integration and establishment of a unified work platform for the trading of public **** resources Program Notice" (State Office [2015] No. 63), the formulation of this approach.
Article 2 These Measures apply to the operation, service and supervision and management of the public **** resources trading platform.
Article 3 The public **** resources trading platform referred to in these measures refers to the implementation of a unified system and standards, with open **** enjoyment of the public **** resources trading e-service system and standardized and transparent operation mechanism, for the market players, the public, administrative supervision and management departments, etc. to provide a comprehensive service system for public **** resources trading.
Public **** resources trading refers to the public **** interests, public safety with public ownership, public welfare resources trading activities.
Article 4 of the public **** resources trading platform should be based on the positioning of the public **** service functions, adhere to the direction of the development of electronic platforms, follow the principles of openness and transparency, resource **** enjoyment, efficient and convenient, law-abiding and honest operation of the service.
Article 5 of the public **** resources trading platform to use the information network to promote the transaction electronically, to achieve the whole process of transparent management.
Article VI of the State Council development and reform departments, in conjunction with the relevant departments of the State Council to coordinate the guidance and coordination of the national public **** resources trading platform.
The local people's governments above the municipal level or government-appointed departments of development and reform departments, in conjunction with the relevant departments are responsible for the administrative region of the public **** resources trading platform guidance and coordination and other related work.
Administrative and supervisory departments at all levels of bidding and tendering, finance, land and resources, state-owned assets and other administrative supervision and management departments are responsible for the supervision and management of public **** resources trading activities in accordance with the prescribed division of responsibilities.
Chapter II Platform Operation
Article 7 The operation of the public ****resource trading platform shall be in accordance with the relevant laws and regulations and the unified trading rules in each field formulated by the relevant departments of the State Council, as well as the management rules of the platform services promulgated by the provincial people's governments.
Article VIII of the law must be bidding construction projects bidding, state-owned land use rights and mineral rights transfer, state-owned property rights transactions, government procurement shall be included in the public **** resources trading platform.
The relevant departments of the state council and the local people's government in conjunction with the actual, to promote other types of public **** resources trading into a unified platform. The public **** resources projects that are included in the platform transactions shall be publicly heard and announced to the public.
Article 9 of the public **** resources trading platform shall, in accordance with the national unified technical standards and data specifications, the establishment of public **** resources trading electronic service system, open to docking all types of subjects built in accordance with the law of the public **** resources electronic trading system and the relevant departments of the government's electronic regulatory system.
Article 10 of the public **** resources trading project implementation of the main body according to the professional characteristics of the subject of the transaction, choose to use the electronic trading system built and operated in accordance with the law.
Article XI of the public **** resources transaction projects required by law to evaluate bids, assessment, shall be in accordance with the national unified professional classification standards for experts, from the legally established comprehensive bid evaluation, government procurement evaluation and other experts in the pool of experts randomly selected, except as otherwise provided by laws and regulations.
Related administrative supervision and management departments in accordance with the prescribed division of responsibilities, the implementation of supervision and management of experts. Encourage conditional places to select the use of expert resources across the region.
Article XII of the public **** resources trading platform should be in accordance with the provincial people's government regulations place facility standards, make full use of the existing various types of place resources, for the public **** resources trading activities to provide the necessary on-site service facilities. Market players in accordance with the law to build the trading place in line with the standards set by the provincial people's government, can be in the existing premises for business.
Article XIII of the public **** resources trading platform shall establish and improve the network information security system, the implementation of security and protection of technical measures to ensure the smooth operation of the platform.
Chapter III platform services
Article XIV of the public **** resources trading platform services, service processes, work norms, fees and supervision channels should be determined in accordance with the statutory requirements, and through the public **** resources trading e-services system to the community.
Article XV of the public **** resources trading platform should be implemented online reservation and service matters. Indeed need to be handled at the scene, the implementation of the window centralized, simplify the process, the time limit for completion.
Article XVI of the public **** resources trading platform should be public **** resources trading announcements, qualification results, trading process information, transaction information, performance information, etc., through the public **** resources trading electronic service system in a timely manner in accordance with the law and open to the community. Involving state secrets, commercial secrets, personal privacy and other information should be kept confidential according to law, except.
The public **** resources trading platform shall provide free of charge the information that must be disclosed according to law.
Article XVII of the transaction services generated in the process of electronic documents, paper information, as well as audio and video, etc., shall be archived and preserved in accordance with the prescribed period.
Article XVIII of the public **** resources trading platform operation service organizations and their staff shall not engage in the following activities:
(1) exercise any approval, filing, supervision, punishment and other administrative supervision and management functions;
(2) illegal to engage in or mandatory designation of intermediary services, such as bidding, auctioning, government procurement agency, engineering cost;
(3) Compelling non-public *** resources transaction projects to enter into platform transactions;
(iv) interfering with market players to choose the public *** resources electronic transaction system constructed and operated in accordance with the law;
(v) unlawfully withholding relevant license information of enterprises and personnel;
(vi) hindering or excluding other enterprises and personnel from entering the platform by setting up registrations, setting up branches, qualification verifications, bidding (competitive bidding) licenses, and mandatory guarantee (f) hindering or excluding market players from other regions from entering the region's public *** resources trading market by setting restrictive conditions such as registration, establishment of branches, qualification verification, bidding (bidding) licenses, compulsory guarantees, etc.;
(g) unlawfully requesting the presence of the enterprise's legal representative to go through the relevant formalities;
(h) other violations of the provisions of the laws and regulations.
Article 19 of the public **** resources trading platform operation service organizations to provide public **** services do need to charge, shall not be for profit. According to the nature of the platform operation service organization, its charges are included in the administrative fees and operating service charges management, specific charges and fees in accordance with the relevant provisions. The charges belonging to administrative fees shall be implemented in accordance with the relevant provisions of the management of non-tax revenues of the government at this level.
Article 20 of the public **** resources trading platform operation service organizations found in the public **** resources trading activities in violation of laws and regulations, shall retain the relevant evidence and timely report to the relevant administrative supervision and management departments.
Chapter IV Information Resources***Help
Article 21 The administrative supervision and management departments at all levels shall make information on the qualifications of the parties involved in public ****resource trading activities, credit awards and penalties, project approvals and penalties for violations of laws and regulations available on the Internet within seven working days from the date of the administrative decision and exchanged it to the public ****resource trading e-services system through the relevant e-supervision system. .
Article 22 of the public **** resources trading platforms at all levels shall rely on the unified social credit code, record the credit information of market players and experts generated in the process of public **** resources trading, and realize the credit information exchange **** enjoyment and dynamic updating through the national public **** resources trading electronic service system.
Article 23 The Development and Reform Department of the State Council shall take the lead in establishing the national public ****resource transaction electronic service system, interconnecting with the provincial public ****resource transaction electronic service system and the electronic systems established by the relevant departments, and realizing the centralized exchange and synchronized ****enjoyment of the information on the market players, transaction information, and administrative supervision information.
Article 24 of the people's government at the provincial level shall build a unified administrative region, terminal coverage of cities and counties of the public **** resources trading electronic service system, docking the national public **** resources trading electronic service system and the relevant departments to establish electronic systems, in accordance with the relevant provisions of the exchange of **** enjoyment of information. The relevant electronic bidding and tendering, government procurement and other systems should be docked and exchanged information with the national electronic bidding and tendering public **** service system and government procurement management and trading system respectively.
Article 25 of the public **** resources trading electronic service system shall be respectively with the investment project online examination and approval supervision system, credit information **** enjoyment system docking, exchange **** enjoy public **** resources trading related information, project examination and approval information and credit information.
Article 26 market players have been registered in the public *** resources electronic trading system, and through the public *** resources trading electronic service system to realize the information *** enjoyment, the relevant administrative supervision and management departments and the public *** resources trading platform operation service institutions shall not be mandatory to repeat the registration, filing and verification.
Article 27 of the public **** resources trading electronic service system shall support the compatibility and mutual recognition of different electronic authentication digital certificates.
Article 28 of the public **** resources trading platform and the relevant administrative supervision and management departments in the public **** resources trading data collection, aggregation, transmission, storage, disclosure, and use of the process, shall strengthen data security management. The management of confidential data shall be carried out in accordance with the relevant legal provisions.
Chapter V Supervision and Administration
Article 29 The administrative supervision and administration departments at all levels shall, in accordance with the stipulated division of responsibilities, strengthen the supervision of public ****resource trading activities during and after the event, and investigate and deal with violations of the law in accordance with the law.
The staff of state organs or state-owned enterprises and institutions who utilize their powers to intervene and meddle in public **** resource trading activities in violation of the law shall be dealt with according to discipline and law.
Audit departments at all levels shall carry out audit supervision of the operation of the public **** resources trading platform according to law.
Article 30 of the local people's government above the municipal level shall promote the establishment of the public **** resources trading electronic monitoring system, the realization of the project registration, announcement, bid opening and evaluation or evaluation, bidding, transaction announcement, confirmation of the transaction results, complaints and reporting, transaction performance and other transactions throughout the process of monitoring.
The public *** resources trading electronic service system and its docking public *** resources electronic trading system should be real-time push data to the regulatory system.
Article 31 establishes a credit commitment system beforehand for the public **** resources trading activities of market players, requiring market players to make public commitments to society in a standardized format and incorporate them into the credit record of the trading body to accept social supervision.
Article 32 of the administrative supervision and management departments at all levels shall public **** resources trading subject credit information as an important basis for market access, project approval, qualification qualification audit.
Establishment of administrative supervision and management departments, the judiciary and other departments of the joint disciplinary mechanism, in the public **** resources trading activities have a record of bad behavior of the market, according to law to restrict or prohibit its participation in bidding and tendering, state-owned land use rights and mining rights, state-owned property rights transactions, government procurement, and other public **** resources trading activities.
Establishing a mechanism for sharing information related to public ****resource transactions with tax authorities at the same level ****and promoting tax collaboration.
Article 33 of the administrative supervision and management departments at all levels shall use big data technology to establish a mechanism for correlation and comparison and analysis of data on public ****resource transactions, to carry out monitoring and early warning, and to conduct regular assessment of the effect of timely adjustment of the focus of supervision.
Article 34 of the administrative supervision and management departments at all levels shall establish a joint random inspection mechanism to increase random inspections of market entities with many effective complaints and reports or with records of violations.
Administrative supervision and management departments to perform their supervisory and management duties in the process, the right to access, copy public **** resources trading activities related documents, information and data. Public **** resources trading platform operation service organizations should truthfully provide relevant information.
Article 35 of the establishment of market players and third-party participation in the social evaluation mechanism, the administrative region under the jurisdiction of the public **** resources trading platform operation service organizations to provide public **** service evaluation.
Article 36 of the market players or the public that the public **** resource trading platform operation service institutions and their staff have violations of the law, according to law to the relevant government departments to complain, report.
Article 37 of the public **** resources trading industry associations in the field should play the role of industry organization, strengthen self-discipline management and services.
Chapter VI Legal Liability
Article 38 of the public **** resources trading platform operation service organizations do not disclose the content of services, service processes, work norms, fees and supervision channels, by the relevant government departments ordered to make corrections within a certain period of time. Refusal to correct, shall be notified and criticized.
Article 39 of the public **** resources trading platform operation service agencies and their staff in violation of the prohibitions of Article 18 of these measures, the relevant government departments ordered to make corrections within a certain period of time, and shall be notified and criticized. If the circumstances are serious, the directly responsible person and the relevant leaders shall be investigated according to law. Constitutes a crime, shall be investigated for criminal responsibility.
Article 40 of the public **** resources trading platform operation service providers in violation of the provisions of Article 19 of this method of charging fees, by the competent authorities at the same level of the price in conjunction with the relevant departments ordered to make corrections within a certain period of time. Refusal to make corrections, in accordance with the "Chinese People's *** and the State Price Law", "price violations of administrative penalties" and other penalties, and shall be publicized.
Article 41 of the public **** resources trading platform operation service organization in accordance with the provisions of this method in the public **** resources trading electronic service system disclosure, exchange, **** enjoy the information, by the relevant government departments ordered to make corrections within a certain period of time. If it refuses to make corrections, the directly responsible person in charge and other directly responsible persons shall be given sanctions according to law, and shall be notified.
Article 42 of the public **** resources trading platform operation service organizations to limit the market players to build the public **** resources electronic trading system docking public **** resources trading electronic service system, by the relevant government departments ordered to make corrections within a certain period of time. If it refuses to make corrections, the directly responsible person in charge and other directly responsible persons shall be given sanctions according to law and be notified.
Article 43 of the public **** resources trading platform operation service agencies and their staff to disclose to others should be kept confidential in accordance with the law of the public **** resources trading information, by the relevant government departments ordered to make corrections within a specified period of time, and shall be notified and criticized. If the circumstances are serious, the directly responsible person and the relevant leaders shall be investigated according to law. Constitutes a crime, shall be investigated for criminal responsibility.
Article 44 of the relevant administrative supervision and management departments, public **** resources trading platform operation service institutions and their staff favoritism, abuse of power, falsification, negligence, failure to perform their duties in accordance with the law, shall be given sanctions; constitutes a crime, shall be investigated for criminal responsibility.
Chapter VII Supplementary Provisions
Article 45 of the public **** resources electronic trading system is based on the construction project bidding and tendering, land use rights and mining rights transfer, state-owned property rights transactions, government procurement and other types of transaction characteristics, in accordance with the relevant provisions of the construction, docking and operation, in the form of data messages to complete the information system of public **** resources trading activities.
The public ****resource transaction electronic supervision system refers to the information system for online supervision of public ****resource transaction activities by relevant government departments.
The public ****resource transaction electronic service system refers to the hub that connects the public ****resource electronic transaction system, the supervision system and other electronic systems, realizes the exchange of data ****sharing of public ****resource transaction information, and provides public ****service.
Article 46 of the public **** resources trading platform operation service organization refers to the government to promote the establishment or the government through the purchase of services and other ways to determine, through the integration of resources **** enjoy the way, for the public **** resources trading related market players, the public, the administrative supervision and management departments, etc., to provide public **** services.
Article 47 of these measures shall be interpreted by the development and reform department of the State Council in conjunction with the relevant departments of the State Council.
Article 48 These Measures shall be implemented from August 1, 2016 onwards.