Implementing Regulations on the Tendering and Bidding Law of the People's Republic of China
Implementing Regulations on the Tendering and Bidding Law of the People's Republic of China
Implementing Regulations on the Tendering and Bidding Law of the People's Republic of China
Order of the State Council No. 613
December 20, 2011
The Implementing Regulations on the Tendering and Bidding Law of the People's Republic of China was passed in the 183rd conventional meeting of the State Council on November 30, 2011 and is hereby promulgated and will come into force on February 1, 2012
Premium: Wen Jiabao
Implementing Regulations on the Bid Invitation and Bidding Law of the People's Republic of China
Chapter I General Principles
Articles 1 For the purpose of regulating the bid invitation and bidding related activities and in accordance with the Bid Invitation and Bidding Law of the People's Republic of China (the "Bid Invitation and Bidding Law"), these Regulations are enacted.
Article 2 The engineering construction projects mentioned in Article 3 of the Bid Invitation and Bidding Law refer to the construction works and goods and service relating to the construction works.
The works mentioned in above paragraph refers to construction works, including, without limitation, the new construction, reconstruction and expansion of buildings and structures and relevant improvement, removal, and renovation; The goods relating to engineering construction refer to the equipment and materials and other articles necessary for realization of basic function of projects and constituting integral parts of the construction projects; The service relating to the construction projects refers to the survey, design, supervision and other service necessary for completion of engineering constructions.
Article 3 The scope and scale of the engineering construction projects that must be subject to bid invitation in accordance with the law (the "Project Subject to Bid Invitation") shall be determined by the development and reform authority of the State Council together with other relevant authorities of the State Council, which may be put into implementation after approved by the State Council.
Article 4 The development and reform authority of the State Council shall be responsible for the guidance and coordination of national tending and bidding activities and will implement supervision and examination of the bid invitation and bidding activities for the material construction projects in the whole country. The Ministry of Industry and Information Technology, the Ministry of Housing and Urban-rural Development, the Ministry of Transport, the Ministry of Railway, the Ministry of Water Resources, the Ministry of Commerce and other authorities of the State Council shall carry out supervision on relevant bid invitation and bidding activities based upon the division of duties and authorities.
The development and reform authorities of the people's government above county level shall provide guidance and coordinate the bid invitation and bidding activities in their respective jurisdiction. The relevant authorities of the people's government above county level shall carry out supervision on the bid invitation and bidding activities and discover and investigate any illegal conducts occurred in the bid invitation and bidding activities based upon their respective duties and authorities. In the event that any additional provisions are made by the people's government above county level on the supervision related duties and authorization of their affiliated authorities, then such additional provisions shall prevail.
The authorities of finance shall carry out supervision on the budget performance and the implementation of governmental purchase policies of any governmental purchase engineering construction projects subject to the bid invitation and bidding in accordance with the law.
The supervision and inspection authorities shall carry out supervision and inspection on any parties participated in relevant bid invitation and bidding activities in accordance with the law.
Article 5 The local people's governments above city level and establishing districts may, as the case may be, establish uniform bid invitation and bidding trading market to provide service for bid invitation and bidding activities.
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