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2007 Assessment

China: Integrity Indicators Scorecard

China: Integrity Scorecard Report > Sub-Category: Procurement
Indicators		Score
48	Is the public procurement process effective?	80
49	Can citizens access the public procurement process?	63

Indicator and sub-Indicator Details

Is the public procurement process effective?

48a: In law, there are regulations addressing conflicts of interest for public procurement officials.

Score:

YES

Comments:

References: Article 12 of Government Procurement Law of the People's Republic of China

48b: In law, there is mandatory professional training for public procurement officials.

Score:

YES

Comments:

References: Article 62 of Government Procurement Law of the People's Republic of China

48c: In practice, the conflicts of interest regulations for public procurement officials are enforced.

Score:

100

Comments:

References: 1): Li Shuo "A Study on How to Audit Public Procurement", Shandong Economy, No 4, 2005

2): The Phenomenal Case of Public Procurement" China Business July 13, 2007 [ LINK ]

48d: In law, there is a mechanism that monitors the assets, incomes and spending habits of public procurement officials.

Score:

YES

Comments:

References: There is no such mechanism.

48e: In law, major procurements require competitive bidding.

Score:

YES

Comments:

References: Chapters 3 and 4 of Government Procurement Law of the Peoples Republic of China

48f: In law, strict formal requirements limit the extent of sole sourcing.

Score:

YES

Comments:

References: Article 31 of Government Procurement Law of the Peoples Republic of China

48g: In law, unsuccessful bidders can instigate an official review of procurement decisions.

Score:

YES

Comments:

References: Chapter 6 of Government Procurement Law of Peoples Republic of China

48h: In law, unsuccessful bidders can challenge procurement decisions in a court of law.

Score:

YES

Comments:

References: Chapter 6 of Government Procurement Law of Peoples Republic of China

48i: In law, companies guilty of major violations of procurement regulations (i.e. bribery) are prohibited from participating in future procurement bids.

Score:

YES

Comments:

References: Article 77 of Government Procurement Law of Peoples Republic of China

48j: In practice, companies guilty of major violations of procurement regulations (i.e. bribery) are prohibited from participating in future procurement bids.

Score:

100

Comments:

References: 1): Gu Liaohai "Case Studies on China's Government Procurement" Qunzong Press, 2005 [ LINK ]

2): "Government Procurement Law Should Be Implemented More Strictly" Tengxun Keji, March 14, 2007 [ LINK ]

Can citizens access the public procurement process?

49a: In law, citizens can access public procurement regulations.

Score:

YES

Comments:

References: Chapter 2 of The Decree of Government Information Openness

49b: In law, the government is required to publicly announce the results of procurement decisions.

Score:

YES

Comments:

References: Chapter 2 of The Decree of Government Information Openness

49c: In practice, citizens can access public procurement regulations within a reasonable time period.

Score:

100

Comments:

References: 1): "Why Is It So Difficult to Access Government Information", Procuratorial Daily, June 12, 2006

2): "Violating the Right to Information by the Excuse of Sensitivity" Xinhua Daily, Nov. 16, 2006

49d: In practice, citizens can access public procurement regulations at a reasonable cost.

Score:

100

Comments:

References: 1): "Why Is It So Difficult to Access Government Information", Procuratorial Daily, June 12, 2006

2): "Violating the Right to Information by the Excuse of Sensitivity" Xinhua Daily, Nov. 16, 2006

49e: In practice, major public procurements are effectively advertised.

Score:

100

Comments:

References: 1): "Government Procurements Should Be Advertised, Otherwise Punished", China Government Procurements, July 23, 2007 [ LINK ]

2): Gu Liaohai "Why Are Government Procurements Organized by Private Organizations?" China Economic Weekly, July 2007

49f: In practice, citizens can access the results of major public procurement bids.

Score:

100

Comments:

References: 1): "Government Procurements Should Be Advertised, Otherwise Punished", China Government Procurements, July 23, 2007 [ LINK ]

2): Gu Liaohai "Why Are Government Procurements Organized by Private Organizations?" China Economic Weekly, July 2007