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中國財政部主管政府採購政策與相關規定之制定,並監督管理政府採購制度,該部於二○○三年末期組成一個工作小組,研究中國開啟GPA諮商談判的可能性。為建立相關政府採購資訊與規定的公開機制,財政部指定三大主要媒體執行公告作業,分別為中國財經新聞(China Financial News)、中國政府採購(China Government Procurement)及中國政府採購網絡(China Government Procurement Network)。當局表示因中國政府採購制度與資訊基礎建設仍在架構階段,且有關電子商務與電子化政府的相關法規尚未建立,故電子化政府採購尚無法廣泛使用。中國的招標法(The Law of Bid and Tender)係制定招標程序的法規,主要適用工程案件,價格則是唯一的評選標準,最低標就可得標。此外,中國表示他們給予所有外國廠商最惠國待遇,因為所有的採購案件都公開對外招標,尤其某些對中國資訊科技產業有特殊貢獻的外國廠商更可享優惠待遇。

China Government Procurement System

China’s government procurement law takes into account important elements of the APEC Non-Binding Principles. The effective application of the government procurement law will require the complementary support of China’s competition policy. Once the competition policy becomes effective in establishing transparency, openness and a “level playing field” for all producers, the application of the principles of transparency, national treatment, market access and the MFN principle to domestic and foreign suppliers will be much more convenient and effective. Government procurement greatly depends upon transparency. It is therefore the core element in China’s reform of its government procurement system. Government procurement practices have been improved and made more transparent through open bidding and the establishment of an information release mechanism, which will be responsible for publishing relevant government procurement information and requirements;

Foreign suppliers and goods can be involved in government procurement but domestic products, services and projects are given priority, unless the procurement is for external market, or in cases when services, products and projects cannot be purchased in China in reasonable commercial conditions. Such a restriction is not an uncommon practice among even more developed APEC members;

The important criterion for national treatment is the existence of a schedule of progressive reductions for preferential government procurement. For example, preferential public projects of government procurement are extended only to expenditures and projects that have a high multiplier effect on social and economic benefits. Alternatively, preferential government procurement can be carried out if the amount is below a certain minimum amount. Otherwise, in order to meet the requirements of the World Procurement Organization (WPO), China should gradually phase-out the preferential government procurement practices. At present, preferential treatment is provided for certain foreign products whose producers have contributed to China’s IT and high-tech industries;

As China becomes more developed and economically competitive, it should take the step of joining the WTO Government Procurement Agreement. Under the WTO Government Procurement Agreement, members are obliged to provide MFN and national treatment to the goods, services and suppliers of other GPA members, and apply detailed procedures designed to ensure fairness and predictability to the procurement process;

China is already committed to start entry negotiations for GPA membership, and intends to make an accession offer at the earliest time possible. China had committed to becoming an observer to the GPA upon its WTO accession, and in February 2002, it did so. In late 2003, China’s Ministry of Finance established a working group to study the possibility of initiating negotiations for GPA membership.