Ministry of Finance, Measures for the Administration of Government Procurement of Imports

财政部政府采购进口产品管理办法

March 12, 2008 | BY

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Government purchase of imports gives priority to technology transfer.

Clp Reference: 5800/07.12.27 Promulgated: 2007-12-27 Effective: 2007-12-27

Issued: December 27 2007
Effective: as of date of issuance

Applicability: The Measures apply to the procurement of imports (including imports that have already entered the territory of China) through direct import or commission by state authorities, public institutions, and associations (hereinafter, collectively referred to as “Procurers”) using fiscal funds (Article 2).

The Measures do not apply to items involving state security and secrets (Article 27). Where a matter is not stipulated for in the Measures, it shall be handled in accordance with the relevant provisions on government procurement (Article 26).

The term “imports” refers to the products manufactured beyond the customs points that enter China after completion of customs clearance and inspection (Article 3).

Main Contents: The government shall procure products of China. Where procurement of imports is truly necessary, it shall be subject to examination (Article 4). When a Procurer procures imports, it shall adhere to the principles of the procurement being beneficial to the self-initiated innovation of, or absorption of core technologies by, Chinese enterprises, and give priority to the purchase of products that bring technology transfer or provide training or other trade remedy measures to China (Article 5).

Related Legislation: Implementation of Several Ancillary Policies for the , Feb 7 2006; and PRC Government Procurement Law (Revised in 2014)

clp reference:5800/07.12.27promulgated:2007-12-27effective:2007-12-27

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