The Ministry of Finance ("MOF") has recently issued the Administrative Measures for Government Procurement of Services (the "Measures"), with effect from March 1, 2020.
The Measures consist of 35 articles divided into seven chapters, including chapters expounding on purchasers and service providers, subject matters of procurement and catalogs of procurement, conducting of activities involved in procurement, contracts and contract performance, supervision and administration, and legal liability respectively, in addition to general provisions and supplementary provisions. The Measures provide a "negative list" regarding government procurement of services, clearly stating that six types of matters, including "service items beyond the scope of government duties" and "matters involving duties that should be directly performed by the government itself", shall not be the subject matters of government procurement of services. As for service items within the scope of government duties, the procurement should be made in a standard way as prescribed by state laws and regulations. Also, the Measures highlight that qualified individuals may be the providers of services purchased by the government, and meanwhile, disguised forms of use of workforces under the guise of government procurement of services are prohibited.