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The Ministry of Industry and Information Technology intends to stipulate that state organs and other procurement from small and medium-sized enterprises should be paid within 30 days.


Release time:

2019-09-05

According to the website of the Ministry of industry and information technology, in order to promote the timely payment of small and medium-sized enterprises by state organs, institutions and large enterprises and safeguard the legitimate rights and interests of small and medium-sized enterprises, the Ministry of industry and information technology has drafted administrative regulations on the management of timely payment of small and medium-sized enterprises (Draft for comments) (hereinafter referred to as the draft for comments), Soliciting opinions from the public. It is reported that the draft for comments on the payment period made specific provisions. State organs, institutions and large enterprises that purchase goods, projects and services from small and medium-sized enterprises shall, within 30 days

According to the website of the Ministry of industry and information technology, in order to promote the timely payment of small and medium-sized enterprises by state organs, institutions and large enterprises and safeguard the legitimate rights and interests of small and medium-sized enterprises, the Ministry of industry and information technology has drafted administrative regulations on the management of timely payment of small and medium-sized enterprises (Draft for comments) (hereinafter referred to as the draft for comments), Soliciting opinions from the public.

It is reported that the draft for comments on the payment period made specific provisions. State organs, institutions and large enterprises that purchase goods, projects and services from small and medium-sized enterprises shall pay within 30 days; if the contract stipulates otherwise, the maximum payment period shall not exceed 60 days. If the contract provides for inspection or acceptance as a condition of payment, the above-mentioned period may be extended by up to 30 days. Unless it takes longer due to the nature of the contract and otherwise provided by laws and administrative regulations. The payment period specified in the preceding paragraph shall be calculated from the date of delivery of the goods, works and services. If the contract stipulates that the small and medium-sized enterprise shall issue bills, invoices or other documents as the terms of payment, the payment period shall be calculated from the date of delivery of the payment documents.

The draft for soliciting opinions makes it clear that state organs, institutions and large enterprises shall pay small and medium-sized enterprises for goods, projects and services in a timely and full amount in accordance with the provisions of the law and contracts. State organs, institutions and large enterprises shall not abuse their dominant position in the transaction to force small and medium-sized enterprises to accept unreasonable payment terms, methods, conditions and liability for breach of contract and other trading conditions. State organs and institutions shall not use audit as a condition for the payment of small and medium-sized enterprises, and shall not use the audit results as the basis for settlement. Except as otherwise provided by laws and administrative regulations.

In addition, the draft for soliciting opinions stipulates that if large enterprises abuse their dominant position in the market to force small and medium-sized enterprises to accept unreasonable payment deadlines or delay payment of small and medium-sized enterprises, the market supervision and administration department shall order them to make corrections and impose a fine of not less than 100000 yuan but not more than 500000 yuan.

     

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