Provincial municipalities, the people's governments directly under the jurisdiction of counties (cities), and various departments of the provincial people's governments:
With the consent of the provincial government, the "Administrative Measures for the Supervision and Management of Public Resources Transaction in Henan Province" is now issued to you. Please implement it carefully.
Henan Province Public Resources Transaction Management Committee
Public Administration Office of Henan Province
年5月27日 May 27 , 2017
Measures for the Supervision and Administration of Public Resources Trading in Henan Province
Chapter One total then
First 14 部委令第 39 号）、《企业国有资产交易监督管理办法》（国务院国资委、财政部令第 32 号）《河南省公共资源交易管理委员会关于进一步加强公共资源交易监管的意见》（豫公管委〔 2017 〕 1 号）等有关规定，结合我省实际，制定本办法。 In order to strengthen the supervision and management of public resource transactions in the province, standardize the behavior of public resource transaction activities, establish an open, fair, fair, honest and trustworthy transaction order, and improve the efficiency and effectiveness of public resource transactions, Law of the People's Republic of China on Government Procurement, the Law of the People's Republic of China on the Management of State-owned Assets of Enterprises, the Law of the People's Republic of China on Auction, the Interim Measures for the Management of Public Resource Trading Platforms (NDRC Order No. 39 , 14 ministries and so on), Measures for the Supervision and Administration of State-owned Assets Transaction of Enterprises (Order of the State-owned Assets Supervision and Administration Commission of the State Council, Ministry of Finance No. 32 ), Opinions of the Henan Provincial Public Resource Transaction Management Committee on Further Strengthening the Supervision of Public Resource Transaction Management (Yugong Public Administration Commission [ 2017 ] No. 1 ), etc. Relevant regulations are formulated in accordance with the actual situation of our province.
Article 2 、 政府采购、医药集中采购、罚没物品拍卖、主要污染物排污权、碳排放权、特许经营权、林权等交易活动。 The public resource transactions referred to in these measures mainly refer to the bidding of construction projects invested by the government (state-owned funds), the transfer of land use rights and mining rights, the transactions of state-owned property rights (equity) , government procurement, centralized procurement of medicines, auction of confiscated items, Trading activities of major pollutant discharge rights, carbon emission rights, franchise rights, forest rights, etc.
Article 3 In accordance with the principles of decision-making, execution, and supervision, which are mutually restrictive, coordinated, separated from management, and supervised according to law, a supervision system and operating mechanism that separates public resource transaction services, management and supervision functions are implemented.
Article 4 The government-sponsored public resource trading platform and the market-based trading platform established by the market entities together form the province's public resource trading platform system. The public resource trading center, the trading platform operating unit established by the market entity, and the market entity providing transaction services are public resource trading platform operation service agencies (hereinafter referred to as "platform operation service agencies").
The fifth These measures shall apply to all trading activities conducted in the public resource trading platform system and its supervision and management.
Chapter two Organization Management
Article 6 “ 一委一办一中心 ” 的组织架构，即公共资源交易管理委员会、公共资源交易管理委员会办公室、公共资源交易中心。 In accordance with the principle of separation of management and management and unified organizational structure, the organizational structure of " one committee, one office and one center " is implemented throughout the province , namely the Public Resource Transaction Management Committee, the Office of the Public Resource Transaction Management Committee, and the Public Resource Transaction Center.
委员会由省发展改革委、省编办、教育厅、工业和信息化委、财政厅、人社厅、国土资源厅、环保厅、住房城乡建设厅、交通运输厅、水利厅、农业厅、林业厅、商务厅、卫生计生委、省政府国资委、旅游局、事管局及省公共资源交易中心等单位组成；委员会下设办公室，办公室设在省发展改革委。 The provincial public resource transaction management committee is chaired by the executive deputy governor of the provincial government; the committee is chaired by the Provincial Development and Reform Commission, the Provincial Editors' Office, the Education Department, the Industry and Information Technology Commission, the Finance Department, the Human Resources and Social Affairs Department, the Land and Resources Department, the Environmental Protection Department, The Department of Housing and Urban-Rural Development, the Department of Transportation, the Department of Water Resources, the Department of Agriculture, the Forestry Department, the Department of Commerce, the Health and Family Planning Commission, the Provincial Government's State-owned Assets Supervision and Administration Commission, the Tourism Bureau, the Administration of Public Affairs, and the Provincial Public Resource Trading Center and other units; The office is located in the Provincial Development and Reform Commission.
All localities should be set up in accordance with the requirements of separation of management and management and unified organizational structure.
Article 7 作为公共资源交易工作的决策、指导、协调机构，行使公共资源交易监督管理重大事项的领导权和决策权，制定有关政策措施，统筹推进公共资源交易改革、监管、规范等工作。 The Public Resource Transaction Management Committee, as the decision-making, guidance, and coordination body for public resource transaction work, exercises leadership and decision-making power on major issues in public resource transaction supervision and management, formulates relevant policies and measures, and coordinates the advancement of public resource transaction reform, supervision, and regulation. . Member units of the Public Resource Transaction Management Committee perform functions such as administrative supervision, supervision and inspection of public resource transaction activities in accordance with the division of responsibilities.
eighth 综合监管部门。 The Office of the Public Resource Transaction Management Committee is responsible for the daily work of the Public Resource Transaction Management Committee and implements the various decision-making arrangements of the Public Resource Transaction Management Committee. It is a comprehensive supervision department for public resource transactions . The main duties are as follows:
(1) take the lead in establishing and standardizing a unified public resource trading platform system;
(2) To formulate policies, measures and rules to strengthen and regulate the management of public resource transaction activities, and to supervise and inspect their implementation with relevant departments; to regulate, coordinate services and comprehensive supervision of public resource transactions; to implement platform operation service agencies Daily guidance and supervision;
(3) Draw up and dynamically adjust the catalog of public resource transactions, and urge relevant departments to actively promote project entry transactions;
(4) To manage the province's comprehensive evaluation expert database, evaluation experts and network extraction terminals;
(5) Coordinating relevant administrative supervision departments to strengthen post-event supervision of public resource transactions, handle complaints and reports of public resource transactions, and investigate and deal with illegal activities in accordance with the law;
建立健全公共资源交易监管长效机制，对交易平台的运行、服务及管理进行考核评价。 (6) Establish and improve a long-term mechanism for the supervision of public resource transactions, and evaluate and evaluate the operation, service, and management of trading platforms.
Article 9 The platform operation service agency takes public services as its main function. The main duties are as follows:
(1) Provide venues, facilities and services for public resource trading activities, and undertake transaction services such as registration of admission, information release, transaction implementation, and results announcement;
(2) Responsible for on-site order management of public resource trading activities, implementation of public resource trading rules, on-site management systems and work processes, and archival filing of relevant information on the transaction process;
(3) Maintain and use the network extraction terminal of the provincial comprehensive evaluation expert database and the government procurement evaluation expert database to record the attendance of experts and evaluation activities;
(4) Construction and management of electronic public service systems and information networks for public resource transactions at the same level, and implementation of platform informationization construction and upgrades as required;
(5) Collecting and publishing public resource transaction information, conducting aggregate analysis, comprehensive utilization, and risk monitoring and early warning of transaction data;
(6) Establishing and maintaining the credit information database of the public resource transaction subject at this level, recording the credit information of the transaction subject, and promoting the exchange and sharing of credit information of the transaction subject;
(7) to report to the administrative supervision department in violation of laws and regulations on trading activities in the venue in time, and assist in investigation and handling;
(8) The Provincial Public Resource Trading Center is responsible for the business guidance of the province's public resource trading institutions.
third chapter Transaction range
Article 10 Public resource transactions are catalogued. Items listed in the trading catalog should enter the public resource trading platform system for trading. : The following public resource transactions should be listed :
(1) Construction projects invested by the government (state-owned funds) that must be invited for bidding according to law;
(2) government procurement projects;
(3) the right to land use and mineral resources exploration and mining;
(4) State-owned (collective) property rights and equity transactions;
(5) Centralized procurement of medicines, second-class vaccines and medical equipment, medical equipment, and medical consumables;
(6) Transfer of public creditor's rights, litigation (involving the case), auction of assets, confiscated items, and bankruptcy property of state-owned and state-controlled enterprises;
； (7) Transactions on emission rights of major pollutants, carbon emission rights, forest rights, etc .;
(8) Franchise rights and other public resource transactions involving public interests and public safety.
Article 11 Encourage public resource transaction items and non-public resource transaction items that are not listed in the transaction catalog to enter the public resource transaction platform system to carry out transaction activities.
Article 12 The Office of the Provincial Public Resources Transaction Management Committee implements dynamic management of the transaction catalog according to the actual situation. Draw up dynamic adjustment opinions, listen to them in public, and report them to the public after approval by the provincial government. Localities can increase the number of entry trading items based on actual conditions.
Chapter Four Trading Rules
Article 13 The Office of the Public Resources Transaction Management Committee, in conjunction with relevant administrative supervision departments, formulates and refines trading rules, and formulates unified standards and systems for all aspects of transactions such as acceptance registration, information release, expert selection, bid evaluation and negotiation, margin deposit and withdrawal, data preservation, supervision and monitoring, Standardize the transaction process.
Article 14 : Projects entering the public resource trading platform system shall be traded in accordance with the following regulations :
(1) The bid inviting party handles the registration of bidding on the public resource trading platform, and the platform operation service agency shall arrange specific transaction matters in a timely manner;
招标人在指定媒介公开发布交易公告，在公共资源交易平台网上公开发售招标文件 ； (2) the tenderer publicly announces the transaction announcement in the designated media, and publicly sells the bidding documents online on the public resource trading platform ;
(3) The bidder submits the deposit in accordance with the provisions of the bidding documents, and the platform operation service agency shall conscientiously implement the deposit collection and refund system and collect and refund the deposit in accordance with relevant regulations;
招标人按照招标文件规定，组织抽取专家组成评标委员会进行评审 ； (4) The bid inviting party organizes the selection of experts to form a bid evaluation committee for review in accordance with the provisions of the bidding documents ;
招标人应当按照有关规定进行公示或公告，及时发送中标（成交）通知书 ； (5) The bid inviting party shall make public announcement or announcement in accordance with relevant regulations, and promptly send a notice of winning the bid (transaction) ;
(6) The bid inviting party and the winning bidder shall sign a written contract within the prescribed time;
(7) Enterprises' state-owned property rights trading projects that enter the public resource trading platform system shall meet the requirements of the state-owned assets regulatory agency for dynamic monitoring of trading operations, and the specific operating procedures shall be implemented in accordance with relevant regulations of the state and our province;
(8) Each platform operation and service institution shall archive and save the electronic documents, paper materials, audio and video, etc. generated during the transaction service in accordance with relevant regulations, the retention period shall not be less than fifteen years, and provide inquiry services. If the bid inviting party needs to keep it according to law, the platform operation service agency shall provide it.
The bidders listed in these Measures include purchasers, transferors, auctioneers, bidding agents, procurement agents, transfer agents, etc .; the listed bidders include suppliers, intended transferees, bidders, etc.
Article 15 : Platform operation service agencies and their staff must not engage in the following actions :
(1) exercising any administrative functions such as examination, approval, and filing;
(2) illegally engaging in or compulsorily designating intermediary services such as tendering, auctioning, and engineering cost;
(3) Forcing items outside the public resource transaction catalog to enter the platform for trading;
(4) Relevant licenses and documents of enterprises and persons who are compulsorily detained;
(5) Preventing or excluding other local market entities from entering the local public resource trading market through restrictive conditions such as registration, establishment of branches, qualification verification, bidding permission, compulsory guarantees, and membership registration;
(6) Require the legal representative of the enterprise to attend relevant procedures on the spot;
(7) Replacing the legal person status, legal representative rights of legally centralized government procurement agencies, and other services provided by other transaction agencies and agencies established according to law;
(8) Other situations that violate laws, regulations and related regulations.
Article 16 Platform operation service agencies shall provide necessary on-site services, facilities and electronic and convenient services for public resource transaction activities in accordance with the prescribed standards for places, facilities and informatization.
Article 17 Encourage and support market entities to set up trading platforms in accordance with standards, and after they have been accepted by the Office of the Provincial Public Resource Transaction Management Committee, they will be included in the province's unified public resource trading platform system to provide services for public resource transactions.
Article 18 Each trading entity voluntarily chooses any platform in the public resource trading platform system for trading.
Article 19 Items listed in the public resource transaction catalogue enter the public resource transaction platform system for transactions. The government-sponsored public resource trading platform provides public services and implements free services for the four major types of project transactions, including bidding and tendering of engineering construction projects, transfer of land use rights and mining rights, state property rights (equity) transactions, and government procurement; Where service fees are required, the competent price department shall strictly approve the fees.
Article 20 Platform operation service agencies shall publish bidding announcements, bidding documents, qualification review results, winning bidding (contract) information, performance information, change information, credit awards and penalties, and related penalties for violations of laws and regulations in designated media.
Article 21 During the transaction, the transaction should be suspended due to force majeure, abnormal transaction system, disputed ownership, failure to determine ownership according to law, objection or complaint processing not completed.
chapter Five Supervision and assessment
Article 22 : The administrative supervision department implements industry supervision of public resource transaction activities in accordance with the division of responsibilities and performs the following duties :
(1) Draw up the industry's public resource transaction supervision and management system, determine the scope and scale standards of public resource entry projects in this industry, and urge the projects to enter the market in a unified manner;
依法查处交易活动中的违法违规行为； (2) Supervising transaction activities according to law, supervising the transaction process and contract performance, handling complaints and reports in public resource transactions, and investigating and punishing violations of laws and regulations in transaction activities ;
(3) supervising the disclosure of information on the entry transactions of the industry in accordance with the law, and promoting the sharing of information and data;
(4) Responsible for the credit information management of the transaction entities, agents and their employees in the industry;
(5) Cooperating with the assessment and evaluation of the public resource trading center;
(6) Participate in the construction and management of the provincial comprehensive bid evaluation expert database.
Article 23 The supervision department shall carry out administrative supervision on the relevant objects of public resource transaction activities in accordance with the law, and shall be held accountable for illegal acts.
The audit department shall perform audit supervision on the use of funds involved in public resource transaction activities in accordance with the law.
Article 24 If the relevant administrative supervision department finds that illegal activities in the course of public resource transaction activities may affect the transaction results or cause serious losses, it shall promptly terminate the transaction activities and investigate and deal with them in accordance with the law.
Article 25 立由市场主体以及第三方参与的社会评价机制，对平台运行服务机构提供公共服务情况进行评价。 Strengthen social supervision, establish a social evaluation mechanism involving market players and third parties, and evaluate the public service provided by platform operation service agencies.
Article 26 Comprehensive supervision departments and administrative supervision departments regularly conduct assessments and evaluations of platform operation service agencies, and the results are made public to the public. Specific assessment methods will be formulated separately.
Chapter Six legal liability
Article 27 If the parties involved in the transaction violate the bidding laws and regulations, the bidding unit shall be punished according to law by the corresponding administrative supervision department participating in the supervision; expert members of the bid evaluation committee shall be handled by its management department in accordance with laws and regulations and relevant regulations; Enter bad credit records of public resource transactions and publish them. If a crime is suspected, it shall be transferred to the judicial organ for criminal responsibility according to law.
Article 28 Where platform operation service agencies and related staff violate the bidding laws, regulations and these regulations, which directly affect the fairness and fairness of the transaction results, the public resource transaction comprehensive supervision department or the relevant administrative supervision department shall order rectification within a time limit and give administrative sanctions according to law. Anyone suspected of a crime shall be investigated for criminal responsibility in accordance with the law.
Article 29 If the relevant staff members of the administrative supervision department fail to perform their duties or perform their duties incorrectly, intervene in the trading activities to obtain improper benefits, or commit other serious disciplinary violations and cause serious consequences, the relevant competent department or supervision department shall be held accountable in accordance with relevant regulations; Yes, criminal responsibility shall be investigated in accordance with the law.
Chapter VII Attach then
Article 30 During the implementation of these measures, if there are new provisions in laws and regulations, these measures shall be revised in a timely manner.
Article 31 2015 〕 85 号）同时废止。 These Measures shall be implemented as of the date of promulgation; the “Notice of the People ’s Government of Henan Province on Printing and Distributing the Measures for the Supervision and Administration of Provincial-level Public Resource Transactions in Henan Province (Trial)” (Yuzheng [ 2015 ] No. 85 ) shall be repealed simultaneously.
Article 32 The Measures and the Catalog of Henan Province's Public Resources Transaction are explained by the Office of Henan Province's Public Resources Transaction Management Committee.
年本） Henan Public Resources Trading Catalogue ( 2017 edition)
I. Construction projects
投（融）资和国有企业投资控股或占主导地位的依法必须招标的工程建设项目（新建、改建、扩建及其相关的装修、拆除、维修等）的勘察、设计、施工、监理，与上述工程建设有关的重要设备和材料采购等， 应进入公共资源交易平台体系进行交易。 Engineering construction projects that must be tendered according to law, that is, government investment (financing) and state-owned enterprises' investment holding or dominant engineering construction projects that must be tendered according to law (new construction, reconstruction, expansion and related decoration, demolition, maintenance, etc.) Survey, design, construction, supervision, procurement of important equipment and materials related to the above-mentioned engineering construction, etc., shall enter the public resource trading platform system for transactions. The specific scope is as follows:
Industrial and public building (building, structure) engineering. The project content includes general public buildings, high-rise building projects, foundation and foundation engineering of residential projects, earth and stone engineering, structural engineering, roofing engineering, interior and exterior decoration works, sewage, heating, electrical appliances, sanitary ware, ventilation, lighting, Installation projects such as fire protection and lightning protection, as well as professional projects such as building curtain walls, steel structures, elevator installation, building waterproofing, blasting and demolition, building intelligence, etc.
Urban roads, public transportation, public squares, lighting, water supply, drainage, gas, heat, gardens, sanitation, sewage treatment, garbage treatment, flood control, civil works, pipelines, equipment installation works for underground public facilities and ancillary facilities, etc.
Highways (including factories, mines, and forestry-dedicated highways) and their bridges, tunnels, and facilities along the route (including communications, monitoring, tolling and other mechanical and electrical engineering, highway traffic safety facilities, environmental protection projects, and auxiliary facilities along the route, etc.)
New, expanded, and rebuilt railway projects, local or special railways, and special railway projects. The project content includes single projects such as subgrade earthwork, blasting, bridges, tunnels, large junctions, marshalling stations, and production facilities, etc.
Various water conservancy and hydropower projects, including water retaining projects, drainage projects, water diversion projects, irrigation projects, flood control projects, power generation projects, pumping stations, sluices, rivers, dikes, hydrology, water resources, water conservation, etc.
Thermal power station, nuclear power station, wind power station, solar power station project, power transmission project, etc.
Various communication information network projects (including wire, wireless transmission communication projects, satellites, integrated wiring; postal, telecommunications, broadcasting hub and exchange projects; launch pad projects, etc.). Project contents include long-distance lines, local network cable lines, local network optical cable lines, telecommunication pipeline projects, telephone exchange projects, satellite earth station projects, mobile communication base station projects, microwave communication projects, transmission equipment installation, commissioning projects, data communications and Computer network engineering
Iron and steel smelting, continuous casting engineering, steel rolling engineering, smelting auxiliary engineering, non-ferrous smelting engineering, building materials engineering. The project content includes the above-mentioned smelting main works, supporting works and auxiliary production works of the metallurgical, non-ferrous and building materials industries.
Coal mine engineering, metallurgical mining engineering, chemical mining engineering, uranium mining engineering, non-metallic mining engineering of building materials. Project contents include well and lane engineering, surface mine engineering, ore dressing engineering, tailings engineering, auxiliary production engineering and supporting engineering, etc.
Oil field engineering, oil and gas storage and transportation engineering, oil refining and chemical engineering, basic raw materials engineering, chemical fertilizer engineering, acid and alkali engineering, tire engineering, nuclear chemical and processing engineering, medicine and other chemical engineering. Project contents include the above-mentioned main engineering, supporting engineering and auxiliary production engineering of chemical, petroleum and petrochemical industries
Agriculture and forestry
畜牧工程、渔业工程、设施农业工程、核设施退役及放射性三废处理处置工程等 Forestry capital construction projects, forestry industrial projects, integrated agricultural development projects, plantation projects, veterinary / livestock projects, fisheries projects, facility agricultural projects, nuclear facilities decommissioning, and radioactive waste treatment and disposal projects, etc.
Ports and Channels
Port engineering, navigable building and renovation engineering, waterway engineering, shipbuilding hydraulic engineering, breakwater diversion dikes and other hydraulic engineering, coastal water transportation engineering, inland water transportation engineering. Project contents include docks, breakwaters, revetments, storage yard roads and land structures, silos, docks, slipways, slides, ship locks, ship lifts, underwater foundations and foundations, earthwork, marine lighthouses, navigation beacons, trestle bridges, artificial islands And platforms, coastal and offshore engineering, port loading and unloading equipment installation, navigation building equipment installation, river and sea channel regulation and channelization engineering, dredging and reclamation, underwater excavation and clearance, underwater reef explosion, etc.
Civil Airport Engineering, etc.
General industrial electromechanical installation projects (general industrial, public works and public buildings electromechanical installation projects) refer to machinery, electronics, light industry, textiles that are not included in ports and waterways, water conservancy and hydropower, electricity, mining, smelting, petrochemicals, communications engineering And other industrial electromechanical installation projects, including mechanical engineering, electronic engineering, light textile engineering, weapon engineering, etc.
Geological disaster management projects (including emergency geological disaster management projects), land consolidation projects, etc.
2. Government procurement projects
(1) Provincial government procurement projects shall all enter the public resource trading platform system for transactions.
(2) Government procurement projects in which the city and county enter the public resource trading platform system shall be implemented in accordance with the regulations of governments at all levels or authorized institutions.
Third, land use rights and mining rights transaction projects
(1) The administrative department of land and resources decides to transfer land use rights and mining rights (prospecting rights, mining rights) through bidding, auction, or listing, and should enter the public resource trading platform system for transactions.
(2) Land use rights and mining rights (prospecting rights, mining rights) of state-owned enterprises and institutions must be transferred in accordance with bidding, auction, and listing methods, and they should enter the public resource trading platform system for transactions.
4. State-owned property transaction projects
(1) In accordance with laws and regulations, those who transfer state-owned property rights through bidding, auction, electronic bidding, etc. shall enter the public resource trading platform system for transactions. The specific scope is as follows:
State-owned property rights transfer of enterprises
Refers to the state's rights and interests formed in various forms of investment by the state, the rights and interests due to various investments of state-owned and state-holding enterprises, and other rights and interests recognized as state-owned by law, etc.
Transfer of State-owned Assets of Administrative Institutions
State-owned assets of administrative institutions include various forms of tangible assets, intangible assets, etc.
Special industry operation right transaction
Sea area use right, low-altitude open air area use time, taxi and tourist car management right, bus route management right, etc.
Transfer of government investment in public places and facilities advertising setting rights; government franchise; other rights to public resources development rights management rights transactions, etc.
(2) In accordance with relevant state regulations, transaction items that fall into the category of corporate legal person property rights are encouraged to enter the public resource trading platform system for transactions.
V. Centralized procurement of pharmaceuticals and medical consumables
医疗设备、医疗器械 及医用耗材采购项目，应进入公共资源交易平台体系进行交易。 According to the relevant national and provincial regulations, procurement projects for pharmaceuticals, type II vaccines, medical equipment, medical devices, and medical consumables undertaken by centralized drug procurement agencies should enter the public resource trading platform system for transactions.
Sixth, fine items
国有及国有控股企业破产财产的拍卖， 在履行有关审批程序后，应进入公共资源交易平台体系进行交易。 Courts at all levels investigate and deal with illegal acts and confiscations involved in confiscation, punishment, and resale of property and articles sold, as well as stolen goods recovered in accordance with the law. Public security departments at all levels and their direct case handling units collect and recover in accordance with the law in administrative enforcement 2. For sale of confiscated property and articles and criminal cases that are not suitable to be transferred with the case, legally preemptible property and articles, and auctions of bankruptcy property of state-owned and state-holding enterprises, after performing relevant approval procedures, they should enter the public resource trading platform system Trading.
7. Other public resource projects
特许经营权、林权等涉及公共利益、公众安全的公共资源项目，应进入公共资源交易平台体系进行交易。 Public resource projects that involve public interest and public safety, such as the right to discharge pollutants, carbon emissions, franchise rights, and forest rights, should enter the public resource trading platform system for transactions.
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