(1) What is the drafting background?
A: General Secretary of the Supreme Leader pointed out at the Central Economic Work Conference at the end of 2018 that it is necessary to persist in giving impetus to reform, strengthen the basic position of competition policy, create an institutional environment for fair competition, establish open and transparent market rules and a legalized business environment, and promote positive incentives and survival of the fittest. In his 2019 government work report, Premier Li Keqiang emphasized that it is necessary to speed up the establishment of a unified, open and competitive modern market system, relax market access, strengthen government supervision, and make various market players more active. In order to implement the requirements of the State Council of the CPC Central Committee, the Committee for Comprehensive Deepening Reform of the Municipal Party Committee held its sixth meeting on September 4, 2019, emphasizing the need to deepen the reform of supervision and management of public resources transactions, adhere to unified supervision, coordinated promotion, and act steadily, promote the sunshine trading of public resources, and build a unified and standardized system of supervision and management of public resources transactions.
In recent years, the supervision and management of public resources transactions in our city has been constantly standardized, but there are still outstanding problems such as scattered supervision functions, imperfect supervision system, frequent trading chaos, lack of post-event supervision, and frequent corruption in transactions. All sectors of society, especially market players, have reacted strongly, and they are full of expectations for our improvement. It is urgent to further innovate the system and mechanism, improve the system, strengthen supervision, and further deepen the reform of supervision and management of public resources transactions in order to implement the decision-making and deployment of the CPC Central Committee in the State Council, respond to the concerns of market players, and solve contradictions in practice.
(2) What is the reform task?
A: In view of the new situation and new problems faced by the public resource trading market, in order to guide all districts and counties to further promote the reform of supervision and management of public resource trading, Document No.114 put forward the main objectives of the reform of supervision and management of public resource trading in 2019 and in the future, and clarified the guiding ideology and basic principles. As well as the six key reform tasks of "five unifications and one strengthening", such as unified supervision system, unified system rules, unified platform transactions, unified service standards, unified information management, and strengthened supervision and coordination, it is also proposed to strengthen publicity and training, study and implement measures, strictly supervise implementation, and implement the tasks of deepening the supervision and management reform of public resources transactions. To understand and accurately understand Document No.114, we should focus on three aspects:
First, strengthening supervision is the key. The transaction of public resources is an area prone to corruption, and the task of supervision is quite heavy. In view of the problems existing in supervision, such as scattered functions, overlapping functions, multi-head management and compartmentalization, the coexistence of absence and offside of supervision, and the need to further improve the supervision level and efficiency, Document No.114 proposes to integrate the supervision functions of public resources transactions and establish a unified transaction supervision system. First, adhere to centralized and unified supervision, establish and improve the "one committee, one bureau and one center" supervision pattern of the public resource transaction supervision and management committee, supervision and management bureau and trading center, promote the relatively centralized and unified transaction supervision functions, and improve the effectiveness of transaction supervision. The second is to unify the supervision system. The district and county governments should set up public resource transaction supervision and management committees to coordinate the supervision and management of public resource transactions, establish a centralized and unified supervision system, and jointly promote the integration of the city’s public resource trading platforms. Third, strengthen supervision and coordination. The leading departments of supervision and management of public resources transactions in all districts and counties should further clarify the functional boundaries with the industry supervision departments, do a good job in supervision and convergence, and focus on strengthening transaction supervision to build a supervision pattern with their own responsibilities, horizontal coordination and vertical connectivity. Fourth, strengthen credit supervision, speed up the construction of credit system in the field of public resource transactions, unify credit indicators and collection standards, focus on collecting credit information of all parties’ main transactions and performance, clarify the red and black list and key attention list system based on credit evaluation results, standardize credit evaluation, release and application of credit information, and carry out joint encouragement of trustworthiness and joint punishment of dishonesty according to laws and regulations.
Second, a unified system is the foundation. The establishment of a unified public resources trading system is conducive to preventing the fragmentation of public resources trading and accelerating the formation of a unified, open and competitive modern market system. From 2018 to now, the focus of our reform is mainly on the integration of regulatory functions. According to the requirements of centralized and unified supervision by the municipal party committee and municipal government, the next step is to speed up the unification of institutional rules and promote the modernization of the governance system and governance capacity of public resources transactions. First, establish the main responsibility system of the project legal person. The district and county governments should clarify the boundaries of the legal person’s rights and responsibilities, implement the responsibilities of the pre-transaction work, and realize the responsibility in place, supervision in place, coordination of powers and responsibilities, and code of conduct. The second is to improve the management system with contract management as the core. The district and county governments should strengthen the management of the whole process of contracts according to law, sign contracts strictly according to the transaction results, adhere to risk sharing and two-way restraint, prohibit unauthorized changes and adjustments of contracts, and improve the punishment methods for breach of contract. The third is to adopt competitive methods to realize the effective allocation of resources, introduce competitive methods such as bidding and auction, improve the trading system and price formation mechanism, and promote the fair and efficient use of public resources in sunshine trading. Fourth, give full play to the role of the government. The district and county governments should strictly manage the investment budget, improve the management system of budget approval and adjustment, and no department or unit should arbitrarily break through the approved budget. It is necessary to standardize the follow-up audit of key projects, standardize the settlement management, implement centralized and unified payment for government investment projects, and not delay the audit to affect the settlement.
Third, unified trading is the key. The starting point and end result of the reform of supervision and management of public resources transactions should be to provide convenient and efficient services for all kinds of market subjects, and the sense of acquisition of market subjects should be taken as the standard to test the effectiveness of the reform. To this end, it is necessary to further unify transactions and continuously improve the quality and level of transactions. First, it is necessary to establish a trading directory, adhere to the principle of making progress, and promote the full coverage of public resources transactions in the directory. The Municipal Public Resources Trading Supervision and Management Bureau shall, jointly with the relevant industry authorities, formulate a unified public resources trading catalogue in the city in accordance with the guidelines of the national public resources trading catalogue, and all kinds of public resources such as natural resources, asset equity and environmental rights that are suitable for market-oriented allocation should be gradually incorporated. The second is to unify service standards and build a perfect transaction service standard system. The municipal public resource trading center is the main provider of public resource trading service standards. It is necessary to formulate transaction service standards, clarify the service items, scope, content and methods that the trading center should provide, promote the standardization of service items, data and processes, and regularly carry out application evaluation and revision of standards and norms. The public resource trading centers in all districts and counties should cooperate with the municipal public resource trading center to do a good job in publicity, training, application promotion and implementation of standards and norms. The third is to promote the electronicization of the whole process, and accelerate the electronicization of the whole transaction process in accordance with unified technical standards and data specifications. The municipal public resource trading center should further improve the public resource electronic service system, electronic trading system and electronic supervision system, and play the role of the electronic service system hub.Realize the electronization of the whole process before, during and after the transaction of public resources.
(3) What are the safeguard measures for the reform?
A: One point is deployment and nine points is implementation. Document No.114 has made an overall arrangement for the supervision and management of public resources transactions at present and in the future, and it is a major event in the city’s economic and social life to do a good job in the publicity and implementation of document No.114. All departments in all districts and counties should attach great importance to it and put it in an important position, so as to grasp the momentum of iron marks and stamp on stones, and grasp it to the end with the spirit of nailing. Mainly grasp three aspects:
First, strengthen publicity and do a good job in training. The transaction of public resources involves a wide range of fields and industries, diverse stakeholders, complex operating mechanism and long supervision chain. All departments in all districts and counties should make full use of the media, correctly guide public opinion, build a broad consensus, and effectively create a good atmosphere conducive to deepening reform. The leading departments of the supervision and management of public resources transactions in all districts and counties should combine learning with application, and take the "1+4+9" document as an important content in relevant study and training, assessment and examination, so as to continuously improve their ability to perform their duties according to law. City Tendering and Bidding Association should organize training for member units and public resource trading market entities, and standardize public resource trading activities according to law. All kinds of training should ensure the quality, not for profit.
Second, clarify responsibilities and refine measures. At the municipal level, the Municipal Development and Reform Commission and the Municipal Public Resources Trading Supervision and Management Bureau will, jointly with the Municipal Finance Bureau, the Municipal Planning and Natural Resources Bureau, the Municipal State-owned Assets Supervision and Administration Commission and other departments, strengthen policy guidance and work coordination for the whole city in accordance with the specific deployment arrangements of the Municipal Public Resources Trading Supervision and Management Committee, and further coordinate and solve the difficulties and problems encountered in the work. The Municipal Public Resource Trading Center, the Municipal Bidding Association and the Municipal Public Resource Trading Center should base themselves on their own functional orientation, do a good job in service guarantee, and provide quality services for all departments and market entities in all districts and counties. At the district and county level, the leading departments of the supervision and management of public resources transactions in all districts and counties should earnestly take the lead responsibilities, study specific implementation measures, strengthen target responsibilities, coordinate and promote the supervision and management of public resources transactions in the region, and report the progress of the work to the office of the Municipal Public Resources Transaction Supervision and Management Committee as required.
Third, lay a solid foundation and strictly implement it. Around the overall goal set by the reform, establish and improve the institutional basis of public resources trading, and provide more powerful institutional support for trading activities. First, improve the long-term mechanism for cleaning up institutional rules, continuously clean up the institutional rules of public resources trading that are not in line with the spirit of reform in view of the outstanding problems reflected by market players, and make them public. Second, the municipal government supervision agency, together with the municipal public resources transaction supervision and management bureau, relevant industry authorities and financial, auditing, public security and other departments, will strengthen supervision and inspection of the reform documents in a timely manner according to the situation to ensure that the reform measures are put in place.