Ministry of industry and information technology of the people's Republic of China!

▍ finishing: Chocolate Forced to accept illegal payment period, fine! Recently, many departments of the state issued heavy documents, all of which focused on the management of hospital arrears On November 29, the national health and Health Commission issued the notice of the leading group of the State Council on deepening the reform of the medical and health system on further deepening the reform of the medical and health system by taking the centralized purchase and use of drugs as the breakthrough point, with the focus on improving the payment efficiency It is required that the person in charge of the medical institution who fails to pay the payment on time without justifiable reasons and the person in charge of the medical insurance agency who fails to pay the medical insurance fund on time should be regularly criticized throughout the province In addition, recently, the State Council also issued a document saying that the pilot provinces of comprehensive medical reform should take the lead in promoting medical insurance agencies to directly settle payments with drug production or circulation enterprises In fact, in addition to the State Council and the national health and Health Commission, the Ministry of industry and information technology has recently issued heavy document requirements to force machinery enterprises to accept unreasonable payments or impose a fine of 500000 yuan Recently, the Ministry of industry and information technology of the people's Republic of China issued the "opinions for public consultation" (hereinafter referred to as the "opinions draft") The opinion draft clearly requires that state organs, institutions and large enterprises shall not abuse their dominant position in the transaction and force small and medium-sized enterprises to accept unreasonable payment terms, methods, conditions, liabilities for breach of contract and other transaction conditions If large enterprises abuse their market advantages to force small and medium-sized enterprises to accept unreasonable payment terms or delay in payment to 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 On December 3, Heilongjiang Medical Security Bureau issued relevant documents to make it clear that if the medical institutions do not receive the payment after the early warning, they will immediately stop the medical insurance - if they do not receive the payment after the expiration of the period, they will still not receive the payment after five working days, and the suspension of medical insurance will be used as punishment The draft clearly requires that state organs, institutions and large enterprises shall not refuse to perform their payment obligations to small and medium-sized enterprises on the basis of the change of their legal representatives or main principals The local people's governments at or above the county level shall, in accordance with law, include the funds used to pay off the debts owed by state organs and institutions to small and medium-sized enterprises in their financial budgets at the same level The general transfer payment increased by the superior finance and the over revenue of the finance at the same level shall be used preferentially to pay off the debts to small and medium-sized enterprises If the state organ or institution arranges its own expenditures without approval, resulting in the debt owed to the small and medium-sized enterprise, the financial department shall repay it by deducting the transfer payment or the departmental budget indicators The above-mentioned "opinion draft" also shows that if state organs, institutions and large enterprises purchase goods, projects and services from small and medium-sized enterprises, payment shall be made within 30 days; if there is another agreement in the contract, the maximum payment period shall not exceed 60 days If the contract stipulates that inspection or acceptance shall be the payment term, the above term may be extended for a maximum of 30 days As for the liability for delay in payment, the opinions make it clear that if state organs, institutions and large enterprises delay in payment to small and medium-sized enterprises, overdue interest shall be paid If both parties have an agreement on the interest rate of overdue interest, it shall follow the agreement, but shall not be lower than the benchmark interest rate of similar loans of the people's Bank of China in the same period; if there is no agreement, interest shall be paid at 1.5 times of the benchmark interest rate of similar loans of the people's Bank of China in the same period If the actual loss caused by the delayed payment to the small and medium-sized enterprises is greater than the overdue interest, the small and medium-sized enterprises shall have the right to demand the state organs, institutions and large enterprises to compensate for the actual loss It is worth noting that the draft also puts forward clear requirements for payment methods For bill payment, if state organs, institutions and large enterprises use long-term bills to pay to small and medium-sized enterprises, they shall make clear and reasonable agreements in the contract, and shall not damage the legitimate rights and interests of small and medium-sized enterprises If there is no agreement in the contract, the state organs, institutions and large enterprises shall obtain the consent of the small and medium-sized enterprises when using the long-term bills for payment, and shall pay appropriate discount interest.