Yucaigou2021〕3号

Provincial departments and units, financial bureaus of provincial cities, Financial and Financial bureaus of Jiyuan Demonstration Zone, relevant county (city) financial bureaus:

In order to further optimize the business environment for government procurement, maintain the order of the government procurement market, ensure the timely payment of government procurement contract funds, and protect the legitimate rights and interests of suppliers, the relevant matters are hereby notified as follows:

First, attach great importance to the payment of funds for government procurement contracts

习近平总书记在企业家座谈会上强调，保市场主体就是保社会生产力。Affected by the COVID-19 epidemic and the domestic and international economic situation, many market players are facing enormous pressure。履行Government procurement合同义务、及时支付合同资金，是落实习近平总书记讲话精神、做好“六稳”“六保”工作的具体行动，关系企业发展和市场秩序，事关营商环境优化和政府公信力。In recent years, government procurement activities have frequently failed to perform according to contract agreements, and procurement funds have been delayed, overdue or even defaulted, which undermines the legitimate rights and interests of government procurement parties, affects the relief of enterprises, restricts the improvement of the business environment, and has hidden risks of government debt。2020The province's business environment evaluation covered cities and counties，The payment and delivery of government procurement contract funds is one of the important evaluation indexes，All localities and departments should fully understand the importance of timely payment of government procurement contract funds，Raise political standing，Strengthen awareness of the rule of law，Uphold the principle of good faith and the spirit of contract，Safeguard the legitimate rights and interests of suppliers，We will protect market players，Build up basic strength for economic development。

2. Strictly implement budget management requirements for government procurement

In accordance with the provisions of the Government Procurement Law, government procurement shall be carried out in strict accordance with the approved budget。Financial departments and budget units at all levels should firmly establish a sense of the rule of law, strictly abide by various budget management and government procurement systems, strengthen budget constraints, adhere to the principle of not purchasing without a budget, procurement before the budget, and strictly prohibit procurement without a budget or over the budget。It is necessary to earnestly implement the requirements of "tightening the life", calculate the budget carefully, make good government procurement project decision-making and certification, and strengthen the performance management of government procurement。The government procurement projects included in the budget shall arrange funds in full, the budget unit shall start the project government procurement procedure, and disclose the budget amount of the procurement project and clarify the fund payment procedure in the bidding and procurement documents, so as to protect the legitimate rights and interests of the suppliers who win the bid and complete the transaction。Government procurement procedures shall not be initiated for projects whose funding sources have not been ascertained。

3. Strictly fulfill the responsibility of payment of funds for government procurement contracts

The budget unit shall implement the provisions of the Government Procurement Law and its implementing Regulations, and the Regulations on the Protection of Payment for Small and Medium-sized Enterprises, and pay procurement funds to the suppliers who win the bid and conclude the contract in a timely manner in accordance with the provisions of the government procurement contract。A government procurement contract shall stipulate the method, time and conditions of payment of funds, and specify the liability for breach of contract of overdue payment of funds。The budget unit shall start from the date of delivery of goods, projects and services purchased by the government30Intra-day payment;If otherwise agreed in the contract, the maximum payment period shall not exceed60日。The contract stipulates that the settlement methods such as progress settlement and periodic settlement shall be adopted. The payment period shall be calculated from the date when the settlement amount is confirmed by both parties。If the contract stipulates that the goods, construction or services are subject to inspection or acceptance after delivery as the terms of payment, the term of payment shall be counted from the date of passing the inspection or acceptance。The budget unit shall not change the organization, replace the staff, adjust the policy, or perform the internal payment process，Or refuse or delay the payment on the grounds of waiting for the approval of the completion acceptance inspection or the audit of the final accounts without any agreement in the contract，The time limit for inspection or acceptance stipulated in the contract shall not be delayed to extend the time limit for payment，Obligations not specified in the procurement documents and contracts shall not be accepted as terms of payment by the supplier，Shall not default on the supplier's government procurement contract funds。

Financial departments are strictly prohibited from delaying the payment of funds for government procurement contracts

The procedures for the payment of funds for government procurement projects shall be implemented in accordance with the provisions on the management of financial fund payment。All government procurement contract funds that meet the provisions on the management of fund payment and the payment conditions agreed in the contract shall be handled by the budget unit in a timely manner。Government procurement contracts paid centrally through the Treasury，The budget unit shall reserve reasonable funds for the financial department to pay for the audit time，The financial department shall handle the procedures for payment of funds in a timely manner，Ensure that government procurement projects complete the payment within the specified time，It is not allowed to delay the payment of funds for government procurement contracts on the grounds of ensuring other key projects and key work。We will strictly prohibit illegal and long-term overpayment of government procurement contract funds, and effectively prevent and resolutely stop the formation of hidden debts of local governments due to reasons such as failure to pay according to the payment schedule agreed in the contract。

5. Make government procurement contract information public

The budget unit shall send the notification of winning the bid and closing the contract15The government procurement contract is signed with the supplier who wins the bid or completes the transaction within days. Whether it is a government procurement contract paid by the Treasury centrally or paid by the budget unit itself, the budget unit shall start from the date of signing the government procurement contract2Within working days, the government procurement contract will be announced on the Henan Provincial Government procurement online, and the contract will be signed3Report to the financial department at the same level for record within working days。The contents of the announcement of government procurement contracts include the agreed fund payment method, time and conditions of the contract and the liability for breach of contract for overdue payment of funds, but the contents involving state secrets and commercial secrets are excluded。In accordance with the provisions of the Regulations on the Protection of Payments for Small and Medium-sized Enterprises, organs and public institutions shall be paid annually3月31Information on the number and amount of contracts for overdue payments to small and medium-sized enterprises in the previous year will be made public through websites, newspapers and other means for the public to know。

6. Organize and carry out special clean-up work

Provincial budget departments shall organize their budget units to carry out2020Clean up the overdue payment of annual government procurement contract funds, and fill in the "Henan Province Government procurement contract funds overdue payment table" (see the annex1Will clean up the situation3月10日前Submitted to the provincial Department of Finance。Local financial departments should organize a special cleanup of the payment of government procurement contract funds and carefully investigate2020Annual regional government procurement contract fund payment situation, found delayed, overdue, delinquent payment problems to rectify within a time limit。The provincial cities, Jiyuan Demonstration Zone and provincial directly administered county finance bureau3月26日前Complete the Summary of Overdue Payment of Government Procurement Contracts (see annex)2 Special clean-up and rectification will be reported to the provincial Department of Finance。The above statistical tables and clean-up materials will be sent electronically to henancgc@126.com。

All localities and departments should establish a normal mechanism for clearing up overdue payments of government procurement contract funds。All levels of budget units to be in each year7月20日、1月20日前Report to the financial department at the same level the overdue payment of government procurement contract funds in the first half of the year and the whole year of the previous year, and the financial department shall report to the financial department in each year7月31日、1月31日前Level by level summary report to the provincial Department of Finance。The provincial Department of Finance will establish an early warning and monitoring mechanism for the payment of government procurement contract funds, and find delays, delays, and arrears in the payment of contract funds, according to the situation, and investigate responsibilities according to law。All localities and departments should improve their working mechanisms, clarify their responsibilities, strengthen supervision and accountability, ensure that the legitimate rights and interests of suppliers are effectively protected, ensure the orderly conduct of financial regulations, and provide guarantees for the work of the "six stability", the implementation of the "six guarantees" task, and optimize the business environment。

附件：1. Statement of overdue payment of funds for government procurement contracts in Henan Province

      2. Summary of overdue payments on government procurement contracts

                                                                                                                      Henan Provincial Department of Finance