State Council issued: 30 days of return of public hospitals across the country.
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Last Update: 2020-07-28
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Source: Internet
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Author: User
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Medical Network Monthly News of the State Council official website shows that the effective protection of the legitimate rights and interests of small and medium-sized enterprises, further optimize the business environment The State Council recently announced the "Regulations on the Protection of Payment sized Enterprises" (hereinafter referred to as the "Regulations") from the month of the yearThe Regulations clearly stipulate that the payment terms shall not exceed the maximum date of payment agreed upon by organs and institutions purchasing goods, works and services from small and medium-sized enterprises within days of the delivery of goods, works and servicesIt is understood that at present, China's public hospitals or cancellation of institutions but still belong to the nature of institutionsAs early as the first day of the month, the official website of the State Administration of Health Insurance issued "on the issuance of the National Medical Security Administration of the list of government services" clearly designated pharmaceutical institutions (including medical institutions, retail pharmacies) fee settlement time limit does not exceed working daysIn addition, the Regulations also require organs, institutions and large enterprises not to require SMEs to accept unreasonable payment terms, modalities, conditions and liability for breach of contract and other transaction terms may not default on the arrears of goods, works, services payments to SMEsAny non-cash payment method that prohibits disguised default payment provisions shall make a clear and reasonable agreement in the contract that non-cash payment methods such as commercial bills of exchange shall not be forced to accept non-cash payment methods such as commercial bills of exchange to extend the payment period in disguiseThe payment of sMEs shall not be refused or delayed on the grounds that the legal representative or principal person-in-charge has changed the performance of the internal payment process or, in the absence of the agreement of the contract, for the approval of the completion of the completion of the acceptance, the audit of the final accounts, etcUnless otherwise stipulated in the contract or otherwise stipulated in laws and administrative regulations, the organs, institutions and large state-owned enterprises may not be forced to use the audit results of the audit organs as the basis for settlementPublic hospital annual arrears according to the State Council official website information Industry and Information Industry Policy and Regulation Director Xu Kemin said that in the transaction sized enterprises are often in a weak position even if the vast majority of small and medium-sized enterprises due to maintain cooperative relations are not willing to take litigation or arbitration and other means to resolve the arrears issue to safeguard their legitimate rights and interests in the transaction in a weak position, small and medium-sized enterprises in the majority this is the current situation of the medical device industryPublic hospitals as buyers in supplies, equipment, drugs in the procurement process naturally belongs to a strong subject, so the procurement process always supply before payment hospital repayment has become the normAt the same time, according to the "Annual Annual Report of Drug Regulatory Statistics" data as of the end of the year, there are a total of 10,000 medical device manufacturers in China, two or three types of medical device business enterprisesAnd the overall view of China's medical device production and operation enterprises present a small and scattered situationAccording to the Medical Device Blue Book: China's Medical Device Industry Development Report () China's medical device manufacturers for small and medium-sized enterprises main income average annual income of 10,000 to 10,000 yuanIn this regard, the Regulations have established an information disclosure system requiring that organs and institutions shall, before each month, disclose the number, amount and other information on the number and amount of contracts that have overdue payments to sMEs in the previous year through websites, newspapers and other means that are convenient for the public to knowLarge enterprises shall incorporate the number and amount of contracts that have not paid to small and medium-sized enterprises in their annual reports into the annual report of enterprises and make them public to the public through the enterprise credit information publicity systemAt the same time, it also requires organs, institutions and large enterprises to pay late interest on small and medium-sized enterprisesThe agreed interest rate of the two parties on the interest rate of the overdue interest shall not be lower than the quoted interest rate of the loan market at the time of the conclusion of the contract; The Regulations on The National Publicity of The Default on Payment of Loans show that the organs, institutions and large enterprises fail to fulfill their obligation to pay small and medium-sized enterprises in a timely manner, if the case is serious, the receiving and complaint department may, in accordance with the law, incorporate its breach of trust information into the national credit information sharing platform and the relevant enterprise-related information to be publicized to the public through the enterprise credit information publicity system to implement the punishment of breach of trust in accordance with the law At the same time, it is required that institutions that refuse or delay the payment of payments to small and medium-sized enterprises should take necessary restrictive measures in such areas as official consumption, office space and financial arrangements The auditing organ shall, in accordance with law, carry out audit supervision over the payment of payments by organs, institutions and large state-owned enterprises to small and medium-sized enterprises People's governments at or above the provincial level shall establish an inspection system to supervise and inspect the timely payment of funds to small and medium-sized enterprises When the State carries out the environmental assessment and business environment evaluation of the development of small and medium-sized enterprises in accordance with the law, it shall include the timely payment of sMEs in the assessment and evaluation content In addition, the Regulations also require organs and institutions to order corrections by their superior organs and competent departments in violation of these Regulations in one of the following circumstances; those who refuse to correct them shall be punished according to law: (1) failing to pay the goods, works and services of small and medium-sized enterprises within the prescribed time limit; (2) delaying inspection and acceptance; (3) forcing small and medium-sized enterprises to accept non-cash payment methods such as commercial bills of exchange or using non-cash payment methods such as commercial bills or using non-cash payment methods such as commercial bills of exchange to extend payment ;(4) There is no legal or administrative regulation or contractual requirement to use the audit results of the audit organ as the basis for settlement; (5) illegally collecting security deposits by refusing to accept the financial institution's guarantee letter provided by sMEs or failing to verify and settle the security deposit with sMEs in a timely manner; (6) refusing or delaying payment of payments to small and medium-sized enterprises on the grounds that the legal representative or principal person-in-charge changes the performance of the internal payment process or the contract is not agreed upon ;(7) Failing to disclose information on payments to small and medium-sized enterprises that have failed to pay their outstanding funds in time in accordance with the provisions; (8) intimidating and retaliating against the complainants
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