Notice on Printing and Distributing the Interim Measures for the Administration

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Notice on Printing and Distributing the Interim Measures for the Administration of Food and Drug Supervision Subsidy Funds
Finance (2019) 98
The provinces, autonomous regions, municipalities directly under the Central Government, the municipal finance bureaus (bureaus), the market supervision bureaus, the food and drug administrations, the Xinjiang Production and Construction Corps Finance Bureau, the Market Supervision Bureau, and the Food and Drug Administration:
 
In order to standardize and strengthen the management of food and drug supervision subsidy funds and improve the efficiency of fund use, in accordance with the relevant laws and regulations and the budget management system, we have formulated the Interim Measures for the Administration of Food and Drug Supervision Subsidy Funds, which are printed and distributed to you, please follow them carefully. If there is any problem in the implementation, please report it to us in time.
 
 
  Ministry of Finance, General Administration of Market Supervision, Food and Drug Administration
May 20, 2019
annex
Interim Measures for the Administration of Food and Drug Administration Subsidy Funds
Article 1 In order to standardize and strengthen the management of supervision and subsidy funds for food and drug (including medical devices and cosmetics, the same below), and improve the efficiency of fund use, according to the "People's Republic of China Budget Law", "Opinions of the Central Committee of the Communist Party of China on the Comprehensive Implementation of Budget Performance Management" These regulations are formulated in accordance with laws, regulations and budget management systems.
 
Article 2 The food and drug supervision subsidy funds referred to in these Measures (hereinafter referred to as subsidy funds) refer to the central government's special transfer payment arrangement, which is used to support local government market supervision and drug regulatory authorities to implement food and drug supervision and management and capacity building subsidies. funds.
 
Article 3 The implementation period of subsidy funds shall be 5 years. At that time, according to the relevant provisions of the State Council and the situation of food and drug supervision, it is necessary to assess whether to continue the implementation and extend the time limit.
 
Article 4 Subsidy funds shall be allocated and managed in accordance with the following principles:
(1) Fairness and justice, highlighting key points. The allocation of subsidy funds should follow the principle of fairness and justice, and reflect the national food and drug regulatory policies and priorities.
(2) Each has its own responsibility and hierarchical management. The central and local governments at all levels of finance, market supervision, and drug regulatory departments shall, according to their division of responsibilities, implement hierarchical management of subsidy funds.
(3) Focus on performance and quantity efficiency. Full implementation of budget performance management, establishment of incentives and restraint mechanisms for performance evaluation results, evaluation results as an important factor in the allocation of funds, linked to the allocation of funds.
 
Article 5 The Ministry of Finance shall be responsible for reviewing the proposal for the allocation of subsidy funds, preparing and issuing the budget for subsidy funds, organizing the performance management of the whole process budget, and guiding local efforts to strengthen the management of subsidy funds.
   
The State Administration of Market Supervision and the State Drug Administration are responsible for proposing proposals for the allocation of subsidy funds, reviewing provincial-level administrative regional performance targets, organizing local implementation of subsidy fund budget performance management, and guiding specific project implementation.
Local government finance, market supervision, and drug supervision departments are responsible for compiling and reporting the performance targets of the administrative region and coordinating the use of relevant funds, and implementing budget performance management.
 
Article 6 The subsidy funds are mainly used for supervision work expenses such as food and drug supervision and management, spot check and inspection, as well as expenditures on equipment purchase, operation and maintenance, and personnel construction related to food and drug supervision capacity building.
The subsidy funds shall not be used for capital construction expenditures, and shall not be used for public travel (land) fees, general official vehicle purchase and operation and maintenance fees, official reception fees, and foreign affairs expenses, and shall not be used for the preparation of wages and retirement of internal staff. Personnel retirement expenses may not be used to pay fines, donations, sponsorships, investments, etc., and may not be used for other expenses prohibited by the state.
 
Article 7 The subsidy funds are allocated by the factor method. The distribution factors include basic factors, business factors, performance factors and financial factors. According to the adjustment of the basic factors, business factors and performance factors of the provincial financial difficulty degree coefficient stipulated by the central government to the local balanced transfer payment method, 30% of the basic factors, 50% of the business factors, and 20% of the performance factors % Calculate the amount of subsidy funds.
The basic factors include the population (29% weight) and the geographical area (weight 1%).
The business factors include the amount of food inspection and inspection tasks (weight 12.5%), food safety risk monitoring tasks (weight 12.5%), drug inspection and inspection tasks (weight 19%), and adverse drug reaction monitoring tasks (weight 6%). In order to reflect the support of the central and western regions, the necessary adjustments can be made to the above tasks.
The performance factors include the performance evaluation results of the previous year's subsidy funds for food (10% weight) and the performance evaluation results of the previous year's subsidy funds for drugs (weight 10%).
 
Article 8 The calculation formula for the allocation of subsidy funds is as follows:
The amount of subsidy funds in a certain province = the basic factor score of a province / the score of the basic factors of each province × the total amount of subsidy funds × 30% + the score of a province's business factors / the scores of the province's business factors × the total amount of subsidies × 50% + a provincial performance factor score  Provincial performance factor score × total subsidy fund × 20%.
Among them: the score of basic factors in a province = (the population of a province / the population of each province × 29% + the area of ​​a province / the area of ​​each province × 1%) × the coefficient of financial difficulty of a province.
A province's business factor score = (a province's food sampling inspection task volume / ∑ province food inspection inspection task volume × 12.5% ​​+ a province food safety risk monitoring task volume / ∑ province food safety risk monitoring task volume × 12.5% ​​+ a provincial drug Spot inspection and inspection task volume / ∑ drug inspection and inspection task volume of each province × 19% + a province's adverse drug reaction monitoring task volume / ∑ provincial drug adverse reaction monitoring task volume × 6%) × a province's financial difficulty degree coefficient.
A province's performance factor score = (a province's performance evaluation score for the previous year's subsidy fund for food use / the performance evaluation score of the previous year's subsidy fund for food in each province × 10% + performance evaluation of the previous year's subsidy fund for a drug in a province Score/∑The performance evaluation score of the previous year's subsidy fund for the drug in each province × 10%) × The coefficient of financial difficulty of a province.
 
Article 9 The Ministry of Finance shall release the estimated amount of subsidy funds for the next year to the provincial government financial department ahead of October 31 of each year, and release the provincial government financial department within 90 days after the National People's Congress approves the budget. After receiving the budget of the central financial subsidy fund, the provincial government financial department shall, within 30 days, decompose the budget to reach the financial department of the government at or above the county level in the administrative region, and report the result of the fund distribution to the Ministry of Finance for filing and copy to the Ministry of Finance. Local Authority.
 
Article 10 The provincial government market supervision and drug supervision departments shall separately set the performance targets of their administrative regions. After review by the government financial department at the same level, they shall report to the Ministry of Finance and the central competent authority before the end of March each year, and send a copy to the local supervision of the Ministry of Finance. Bureau.
The State Administration of Market Supervision and the State Administration of Drug Administration and the Ministry of Finance shall review the performance targets of the provincial administrative regions, and report the results of the review and the proposal for the allocation of subsidy funds to the Ministry of Finance before the end of April each year.
The Ministry of Finance simultaneously issued provincial-level administrative regional performance targets when issuing the subsidy fund budget. The provincial government financial department will simultaneously release the corresponding performance targets when refining the budget.
 
Article 11 Local governments at all levels of finance, market supervision, and drug supervision departments shall make overall arrangements for the use and use of funds related to financial arrangements at the higher levels and at the same level. The local market supervision and drug supervision departments at all levels shall, in accordance with the annual work plan issued by the higher authorities, and the local reality, ensure that the annual food and drug supervision and management tasks are completed and guaranteed.
 
Article 12 The financial departments of local governments at all levels shall, in conjunction with the government's market supervision, drug regulatory authorities, and specific units of subsidy funds, strengthen the management of fund use and standardize budget execution in accordance with the relevant provisions of budget management and state treasury management. For the subsidy funds that have not been paid for the year, the fund allocation and budget execution shall be expedited in accordance with the relevant provisions of the Ministry of Finance to carry over the management of the balance funds. For the surplus funds and the carry-over funds that have not been used up for two consecutive years, the budget has not been allocated to the department and the lower-level government financial department, and the financial department of the government at the same level reports to the higher-level government financial department when handling the financial settlement of the lower and upper levels, and the higher-level government finance The department shall, within 30 days after receiving the report, issue a document to recover the carry-over balance funds; if it has been assigned to the department, the department's financial department at the same level shall withdraw the pooled use within 90 days after the end of the year.
The payment of subsidy funds shall be carried out in accordance with the relevant provisions of the centralized treasury payment system. If the subsidy funds involve government procurement during the use, it shall be implemented in accordance with the government procurement laws and regulations and relevant system regulations.
 
Article 13: Local governments at all levels of finance, market supervision, drug regulatory authorities, and specific units of subsidized funds shall implement the whole process budget performance management of subsidy funds, organize budget execution according to the assigned performance targets, and perform performance monitoring and performance evaluation. And strengthen the application of performance evaluation results.
The provincial government finance, market supervision, and drug regulatory authorities shall report the results of the performance evaluation of the subsidy funds of the previous year to the Ministry of Finance and the central competent authority before the end of March each year, and send a copy to the local supervision bureau of the Ministry of Finance.
According to the needs of the work, the Ministry of Finance, the State Administration of Market Supervision, and the State Drug Administration conduct spot checks on local implementation of budget performance management.
 
Article 14 The financial departments of local governments at various levels are responsible for supervising the budget management of subsidies in their respective administrative regions. The local market supervision and drug supervision departments are responsible for the supervision and inspection of the subsidies in their administrative regions, and timely discovering and correcting relevant problems to ensure funds. Safety. The local regulatory authorities of the Ministry of Finance shall supervise the budget of the subsidy fund in accordance with the duties of the work and the requirements of the Ministry of Finance.
 
Article 15: Governments at all levels of finance, market supervision, drug regulatory authorities and their staff shall allocate funds in violation of regulations, allocate funds to units (or projects) that do not meet the requirements, or arbitrarily exceed them in the allocation and review of subsidy funds. In accordance with the scope or standard allocation or use of funds, as well as other abuses of power, negligence, malpractices, etc., in accordance with the "People's Republic of China Budget Law", "People's Republic of China Civil Service Law", "People's Republic of China Supervision Law", "Financial The laws and regulations on penalties for violations of laws and regulations and relevant state regulations shall be investigated for corresponding responsibilities; those suspected of committing crimes shall be transferred to the judicial organs for handling according to law.
 
Article 16 The provincial government finance, market supervision, and drug supervision departments shall, in light of local conditions, formulate specific implementation rules in accordance with these Measures, report to the Ministry of Finance, the State Administration of Markets, and the State Drug Administration for the record, and send a copy to the Ministry of Finance. Local Authority.
 
Article 17 These Measures shall be interpreted by the Ministry of Finance in conjunction with the State Administration of Markets and the State Drug Administration.
 
Article 18 These Measures shall come into force as of the date of promulgation.