The Effectiveness Recognition and Liability Regulation of the Declaration Letter of Small and Medium-Sized Enterprises

DOI: https://doi.org/10.62517/jel.202614223

Author(s)

Zhipeng Ren

Affiliation(s)

Law School, Xinjiang University of Finance and Economics, Urumqi, Xinjiang, China

Abstract

This article focuses on the No. 35 Guiding Case of Government Procurement issued by the Ministry of Finance, conducting targeted research aimed at in-depth analysis of the actual applicability of small and medium-sized enterprise (SME) declaration letters in government procurement activities. It specifically explores the controversies surrounding the determination of the legal effect of this document, while systematically reviewing the nature and regulatory mechanisms of liabilities for suppliers submitting false SME declaration letters. The article comprehensively examines the full facts, judicial reasoning, and outcomes of the case, and integrates this with research and analysis of current laws and regulations related to government procurement. It further clarifies the statutory legal status of SME declaration letters and the standards for determining their effect in judicial and administrative contexts, thoroughly elucidating the legal consequences corresponding to suppliers deliberately concealing their actual size or providing false declaration materials. The study aims to provide practical references for government procurement regulatory authorities, procurement entities, and market participants in handling similar disputes, effectively standardize the competition order in government procurement, ensure that procurement activities are conducted fairly, justly, and lawfully, truly implement policies supporting SMEs, and contribute to the sustained, healthy, and stable development of small and micro enterprises.

Keywords

Declaration Letter for Small and Medium-Sized Enterprises; Effectiveness Recognition; Responsibility Regulation; Government Procurement

References

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