State Council for consideration by tender of the Bill and other four administrative regulations
Premier Wen Jiabao on November 23, 30, presided over a State Council executive meeting.
meeting examined and approved in principle the “Implementation Regulations of the PRC Bidding Law (Draft)”, “Implementation Regulations of the People’s Republic of Travel Tax Law (Draft)”, “People’s Republic of tonnage tax regulations (draft ) “and” Radioactive Waste Management Bill (Draft). ”
meeting examined and adopted the “Implementation Regulations of the PRC Bidding Law (Draft)”, for a number of projects currently bidding to avoid the tender areas or engage in “that dark strokes given” false bidding, some leading cadres use of the power to intervene in the bidding, the bidding collusion between the parties to bid-rigging and other outstanding issues, on the basis of practical experience, refined and improved protection of open, fair and impartial, to prevent and punish corruption and to safeguard the normal order of the bidding requirements. First, to further clarify the scope of the project should be open tender. Where the state-owned capital accounts for the holding or leading position must tender the project according to the law, in addition to laws and administrative regulations of the special circumstances, should be an open tender. Second, substantial refinement to prevent false bidding requirements. Prohibits unreasonable conditions and non-standard way to restrict eligibility, exclusion of bidders. Different bidders may take a different qualification or evaluation criteria, tenders shall not be set with specific characteristics and the actual performance of the contract need not meet or nothing to do with the conditions of eligibility and bid shall be subject to specific performance, winning awards as conditions, shall not be limited to specific patents, trademarks, brands or suppliers. Third is to improve the evaluation committee members select and standardize the evaluation conduct. Bidding requirements in addition to special tenders, the evaluation committee members should be experts in the evaluation of experts from the library list of experts in related fields to determine the random way. National staff in any way unlawful interference with selected members of the evaluation committee shall be held liable. Evaluation committee members shall not privately contact with the bidder, bidders shall not accept for their property or other benefits, shall not seek to tender to determine the successful bidder’s intention not to accept any units and individuals of a particular orientation or reject the request of the bidder shall not There are other non-objective, unfair conduct of their duties; accepted money or other benefits, fines, disqualification, constitutes a crime shall be investigated for criminal responsibility. Fourth, to prevent further defined in collusion with the successful tenderer to engage in trading power for money requirements. After bidding the contract lawfully entered into, should be the principal terms of the tender documents, the successful bidder consistent tender documents, tender and the successful bidder shall not enter into further departure from the substantive content of the contract and other agreements. Fifth, strengthen the prohibition of the use of intervention powers, manipulating bidding requirements. Prohibit national staff in any way unlawful interference with the bidding process, shall be punished violated regulations, constitutes a crime shall be investigated for criminal responsibility. Sixth, improve the prevention and punish bid rigging, defrauding the successful acts of fraud. These acts, the bid invalid, confiscate the illegal income, impose a fine, serious cancel the invitation to tender within a certain period, or revoke the business license, constitutes a crime shall be investigated for criminal responsibility. It also provides professional vocational qualification tender system, improve the administrative supervision of the bidding requirements.
meeting examined and adopted the “Implementation Regulations of the People’s Republic of Travel Tax Law (Draft)” refine the scope of taxable travel, clear vehicle specific application of the provincial government to determine the tax should follow the principle that a mobile ship and yacht tax applicable to the specific, detailed provisions of the tax benefits.
The meeting decided that the above four Bills after further revision by the State Council promulgated.
The meeting also studied other matters.
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