Guiding Opinions on Encouraging the Government and Enterprises to Contract and Promoting the Development of China's Service Outsourcing Industry (hereinafter referred to as "Guiding Opinions") is the first domestic support policy directly aimed at the contractors. The policy itself has great industrial guiding significance and industrial promotion.
In many ways, the Guiding Opinions itself is the extension and development of the Reply on Promoting the Development of Service Outsourcing Industry and the Plan for the Adjustment and Revitalization of Electronic Information Industry. The following is an in-depth interpretation and analysis of the Guiding Opinions. The core of the document is to encourage the formation of China's outsourcing domestic demand market with the government and enterprises as the core.
The first article of the Guiding Opinions clearly puts forward that "promoting government and enterprise outsourcing should be the focus of promoting China's service outsourcing industry." . Article 2 also states: "Give full play to the exemplary role of service outsourcing demonstration cities ..... expand the domestic demand market and cultivate the development of domestic service outsourcing industry."
This indicates that since the "Thousand Hundred Projects" of the Ministry of Commerce in 2006, the policy orientation of encouraging service outsourcing industry in China has changed from supporting outsourcing service providers to encouraging contractors. The shift from "encouraging offshore outsourcing" to "encouraging onshore outsourcing" will have a far-reaching impact on guiding the development of the industry. "The definition of employer in the guidance.
The scope of application of the policy in the Guiding Opinions, that is, the definition of employing unit, mainly appears in the introduction, "Encourage the government and enterprises to outsource non-confidential business such as data processing to professional companies by purchasing services". At the same time, Articles 1, 2, 4, 6, 7 and 8 also have similar expressions: Article 1: "... let service outsourcing be recognized by governments at all levels and large and medium-sized enterprises"; Article 4: ..... Actively guide and push central enterprises and local enterprises to increase their outsourcing efforts, so as to give service outsourcing enterprises more opportunities to participate in the outsourcing business of domestic enterprises. "and so on.
Therefore, the definition (scope of encouragement) of employing units in the Guiding Opinions is China's domestic government and enterprises, and there is no specific definition of enterprises in the Guiding Opinions. Therefore, we can predict that the scope of encouraged enterprises will include all domestic-funded enterprises and foreign-funded and joint ventures operating in China. Definition of contracting out in the Guiding Opinions
In the Guidance, outsourcing is defined as "purchasing services". The introduction points out that "governments and enterprises are encouraged to outsource non-confidential business such as data processing to professional companies by purchasing services". Article 3 also proposes: ... to further play the policy function of government procurement, and ... to continuously expand the field of purchasing services. "
Because the concept and scope of services are much larger than outsourcing, the definition of outsourcing in the Guiding Opinions is larger than the scope of traditional outsourcing services, that is, "service procurement" can be included in the scope of support in the Guiding Opinions. Therefore, in a sense, the definition of outsourcing in the Guiding Opinions is broader than the "outsourcing enterprise identification standard" in other related service outsourcing policies, and the potential inconsistency of this policy definition will have an impact on the future outsourcing industry. We will continue to pay attention to policy changes. Definition of Outsourcing Business Scope in Guiding Opinions
In the introduction, the definition of Guiding Opinions is very broad. "Services that do not involve secrets such as data processing" can be expressed as "services that do not involve secrets such as data processing" if combined with the definition of contracting. The definition of business here is not the "core business" and "non-core business" in the traditional theory. The key definition standard is whether confidentiality is involved. In other words, as long as it does not involve the procurement of confidential services, it is the scope encouraged in the Guiding Opinions.
Articles 2 and 3 of the Guiding Opinions are relatively more specific about the scope of outsourcing business:
Article 2 In the process of government informatization construction, e-government, enterprise informatization construction and e-commerce development, the government and relevant departments are encouraged to integrate resources and outsource the development and application of information technology and some process businesses to professional service providers.
Article 3 Purchasers are encouraged to outsource non-confidential offshore services such as information technology consulting, operation and maintenance, software development and deployment, testing, data processing, system integration, training, leasing, etc. to professional enterprises, and continuously expand the field of procurement services.
As can be seen from the description and enumeration of the above-mentioned contracted business scope, the business scope encouraged by the Guiding Opinions is mainly concentrated in the ITO field. Except for the "data processing" explicitly proposed in Article 2 and the "partial process business" broadly proposed, the other contracted businesses listed belong to the ITO category:
L information technology consulting
L operation and maintenance
L software development and deployment
L test
L system integration
L Training Lease "Guiding Opinions on Key Evaluation Criteria of Contracting Business"
Whether secrets are involved or not is the key criterion for judging business contracting in the Guiding Opinions. In the introduction, it puts forward "data processing and other businesses that do not involve secrets", and at the same time, in the Guiding Opinions, it uses Article 10 to define the legal risk control of outsourcing business: the government or enterprises should abide by national laws and strengthen the confidentiality management in strict accordance with the provisions of the Law of People's Republic of China (PRC) on Guarding State Secrets. At the same time, strengthen the legal risk awareness of contracting, contracting and subcontracting in the process of service outsourcing, and promote the standardized operation of the service outsourcing industry.
Taking whether secrets are involved as the business standard of the contract is mainly aimed at the government contract in the potential sense. Because for enterprises, outsourcing is their own decision, and it can't be defined in the government's policy support-as long as enterprises can outsource their own decisions, they can outsource. However, for government outsourcing, while encouraging government outsourcing, the policy needs to regulate the government's outsourcing behavior, and its core focus is to avoid leakage. Therefore, the "Guidance Opinion" in the subtext more directly encourages the government to shrink. Definition of Outsourcing Service Forms in Guiding Opinions
In addition to the conventional outsourcing services, the Guiding Opinions put forward a very important statement on the outsourcing mode in Article 6: "Actively study the divestiture of existing IT and related service departments by government functional departments or large and medium-sized enterprises, and integrate with professional service outsourcing suppliers in various forms to expand the service targets and business scale and improve the business level."
Service outsourcing through business divestiture and business restructuring is an important service outsourcing model in the global outsourcing industry. In this mode, contractors can sell their relevant functional departments and assets to outsourcing service providers through divestiture, sale and joint venture, so as to further revitalize assets, expand the flexibility of enterprise operation and enhance core competitiveness.
Therefore, the Guiding Opinions provide a more flexible way for government departments to sign contracts. Definition of Service Provider in Guidance Opinion
For service providers who undertake services, the promulgation of the Guiding Opinions defines them as "professional companies". What is striking here is that it is not clearly defined as a "professional outsourcing company". The difference between these two definitions lies in: "A professional company refers to an enterprise that specializes in a certain kind of service, and an enterprise is not necessarily an outsourcing enterprise; And "professional outsourcing companies" should be recognized as service outsourcing enterprises in a strict sense. Therefore, the definition of service provider in the Guiding Opinions is consistent with the definition of outsourcing, that is, "service procurement" and "professional services" are the definitions of outsourcing, which are broader than outsourcing in a simple sense.
Therefore, from the definition analysis, the Guiding Opinions encourages the development of modern service industry rather than service outsourcing. Of course, this does not affect the policy support obtained by service outsourcing as a key component of modern service industry. Special support for enterprises to carry out domestic business.
Through the expression of the Guiding Opinions, although the Guiding Opinions encourage various service-oriented enterprises to undertake government-enterprise contracts, through a series of definitions and support, the policy encouragement is obviously tilted towards professional service outsourcing enterprises, mainly in the following aspects:
Article 3 Whoever purchases outsourcing services that meet the government procurement quota standards must purchase the services of domestic outsourcing enterprises that meet the requirements of relevant national standards and have corresponding professional qualifications in accordance with the relevant provisions of government procurement.
Article 4. Formulate relevant outsourcing specifications and technical standards for service providers, actively guide and promote central enterprises and local enterprises to increase outsourcing efforts, so that service outsourcing enterprises have more opportunities to participate in the outsourcing business of domestic enterprises.
Fifth, study and establish a service evaluation system and mechanism for service outsourcing enterprises, select service outsourcing enterprises such as information technology services with certain undertaking ability, and give priority to undertaking government service outsourcing business.
Sixth, actively study the divestiture of existing IT and related service departments by government functional departments or large and medium-sized enterprises, and adopt various forms to integrate with professional service outsourcing suppliers, so as to expand service targets and business scale and improve business level.
Through the above statement in the Guiding Opinions, government outsourcing projects will be allocated to professional service outsourcing enterprises, and the policy provides special support for professional service outsourcing enterprises in the following three aspects:
1. In government outsourcing, outsourcing services that meet the government procurement quota standards must be completed by outsourcing enterprises with corresponding professional qualifications. This shows that most of the projects contracted by the government are only aimed at service outsourcing enterprises, which makes clear the support of government contracting business to service outsourcing enterprises;
2. By establishing a service evaluation system, the government will include professional service outsourcing enterprises in the list of service providers for government service procurement, and give priority to awarding contracts for these enterprises;
3, for the government (and large and medium-sized enterprises) to take off, sell and other special ways to contract business, only for professional service outsourcing enterprises.
Therefore, considering the emphasis on information security in the Guiding Opinions, it can be understood that government outsourcing services will become a huge potential market for domestic service outsourcing enterprises. 20 demonstration cities will become a breakthrough for the government to sign contracts.
Article 2 of the Guiding Opinions particularly emphasizes giving full play to the leading role of service outsourcing demonstration cities. From the point of view that government contracting promotes the development of local service outsourcing enterprises and forms the local domestic demand market in China, the policy must form a demonstration of government contracting and find a breakthrough to form the market. From the statement of the Guiding Opinions, we can see that this breakthrough is currently 20 service outsourcing demonstration cities in China.
Even if the domestic economy is relatively developed, these cities are more likely to accept outsourcing from the perspective of economic volume and management awareness. Moreover, from the perspective of real industrial development, these cities have taken service outsourcing industry as their important industrial upgrading direction, and it is more urgent and internal driving force to promote the development of local outsourcing industry through outsourcing.
Therefore, 20 domestic outsourcing demonstration cities will become the key markets for government contracting in 20 10. The government should take measures to cultivate the local outsourcing market.
In the Guiding Opinions, the specific measures for the government to cultivate the local outsourcing market in the next step mainly include:
1, strengthen the publicity and popularization of government-enterprise contract signing, and create a good industry atmosphere for government-enterprise contract signing. Article 1 of the Guiding Opinions clearly states: "Strengthen the publicity of service outsourcing, change the traditional concept of outsourcing mode in China, and make service outsourcing recognized by governments at all levels and large and medium-sized enterprises." Article 9 also puts forward: "Strengthen the brand publicity and promotion of service outsourcing enterprises through policy support, and build the service outsourcing brand in China."
2. Incorporate service outsourcing into the government procurement catalogue to form a standardized government outsourcing behavior. According to Article 3 of the Guiding Opinions, purchasers are encouraged to outsource the non-confidential outsourcing business to professional enterprises and continuously expand the procurement service field. The main business includes information technology consulting, operation and maintenance, software development and deployment, testing, data processing, system integration, training and leasing.
3. Formulate relevant contract specifications and technical standards to provide services for service providers. Article 4 of the Guiding Opinions requires the formulation of relevant contract specifications and technical standards for service providers, which will greatly guide and promote the central enterprises and local enterprises to increase their outsourcing efforts, so that service outsourcing enterprises will have more opportunities to participate in the outsourcing business of domestic enterprises.
4. Establish the service evaluation system and mechanism of service outsourcing enterprises. Article 5 of the Guiding Opinions calls for studying and establishing a service evaluation system and mechanism for service outsourcing enterprises, so that service outsourcing enterprises such as information technology services with certain undertaking capacity can give priority to undertaking government service outsourcing business. Support service outsourcing enterprises to become stronger and bigger, and form a number of leading service outsourcing enterprises as soon as possible.
5. Form a standard of government functions that can be divested and sold. Article 6 of the Guiding Opinions requires that government functional departments or large and medium-sized enterprises divest existing IT and related service departments, integrate various forms and professional service outsourcers, expand service targets and business scale, and improve business level.
6. Build a professional electronic trading platform for service outsourcing, and make full use of electronic means to expand the scope of enterprise contracting. Article 7 of the Guiding Opinions states: "On the basis of the existing public support platform for software and information service outsourcing, further establish and improve the docking platform for contracted project information and contracting enterprises, and promote the smooth docking of outsourcing and contracting business."
7. Organize professional project matchmaking meetings. Article 7 of the Guiding Opinions puts forward: actively build a bridge between large and medium-sized enterprises and service outsourcing enterprises, organize and arrange negotiation meetings between large and medium-sized enterprises and service outsourcing enterprises, and establish communication channels between the two sides. "
8. Encourage service outsourcing enterprises to cooperate with domestic large and medium-sized enterprises to carry out outsourcing services. Article 7 of the Guiding Opinions states: "Study and support service outsourcing enterprises to establish cooperative alliances with large and medium-sized enterprises, strengthen business communication and encourage large and medium-sized enterprises to carry out business outsourcing step by step."
9. Strengthen the training of relevant personnel of local governments and enterprises, and set up a professional contract management team. Article 8 of the Guiding Opinions puts forward: "Strengthen the training of relevant personnel of local governments and enterprises, train a group of middle and senior managers who are familiar with service outsourcing business and deeply understand the market, and do a good job in contracting out contracts for governments and enterprises."
10. It will be possible to give enterprises more direct preferential policy support. Article 9 of the Guiding Opinions states: "We should comprehensively use fiscal, financial, taxation, government procurement and other policy means to actively promote the rapid development of the service outsourcing industry."