Mittwoch | 11. Oktober 2000

 | Recht | Wirtschaft | Events | China Forum | Termine

Law of the People's Republic of China on Tenders and Bids

(Adopted by the 11th Session of the Standing Committee of the Ninth National People's Congress on August 30, 1999; promulgated by the Order No.21 of the President of the People's Republic of China on August 30, 1999, and enter into force on January 1, 2000.) Siehe auch Lehman, Lee & Xu

Contents

Chapter I   General Provisions
Chapter II   Tenders
Chapter III   Bids
Chapter IV   Bid Opening, Assessment and Winning
Chapter V   Legal Liabilities
Chapter VI   Supplementary Provisions


Chapter I   General Provisions

Article 1
For the purposes of regulating tender and bid activities, protecting the State’s interests, the social and public interests and the legitimate rights and interests of parties to tender and bid activities, improving the economic effects and ensuring the quality of projects, this Law is enacted.

Article 2
This Law applies to tender and bid activities in the territory of the People's Republic of China.

Article 3
The following construction projects in the territory of the People's Republic of China, including surveying and prospecting, design, engineering and supervision of such projects as well as the procurement of major equipment and materials related to the construction of such projects, must be subject to tenders:

1.  projects such as large-scale infrastructure facilities and public utilities involving the social and public interests and public safety;

2.  projects which are, completely or partly, invested by the State-owned funds or funded through State financing; and

3.  projects using loans or aid funds from international organizations or foreign governments.

The specific scope and standards on the scale of the projects listed in the preceding paragraph shall be worked out by the department of the State Council for development planning, jointly with relevant departments of the State Council, and be reported to the State Council for approval.

If laws or the State Council have the provisions on the scope of other projects which must be subject to tenders, such provisions shall govern.

Article 4
No unit or person may break a project subject to tender into parts or resort to any other manner to dodge tender.

Article 5
Tender and bid activities shall conform to the principles of openness, fairness, impartiality and good faith.

Article 6
Tender and bid activities for a project subject to tender according to law shall not be restricted by areas or departments. No unit or person may illegally restrict or exclude legal persons or other organizations from other areas or systems to take part in bidding or interfere in tender and bid activities in any form.

Article 7
Tender and bid activities and the parties thereto shall be subject to supervision imposed according to law.

Relevant departments for administrative supervision shall impose supervision on tender and bid activities according to law and investigate into and deal with any illegal act therein.

Administrative supervision on tender and bid activities and the specific duties and powers of relevant departments shall be laid down by the State Council.

Chapter II Tenders

Article 8
A tenderer is a legal person or any other organization that, in accordance with the provisions of this Law, puts forth a project subject to tender and carries out the tender.

Article 9
If a project subject to tender, in accordance with the relevant regulations of the State, is required to accomplish examination and approval procedures, it shall do so and obtain approval in advance.

A tenderer shall have necessary funds or sources of funds for the project subject to tender and shall state it truthfully in his tender documents.

Article 10
Tenders include public tenders and invitational tenders.

A public tender means that a tenderer, in the form of tender announcement, invites unspecified legal persons or other unspecified organizations to submit their bids.

An invitational tender means that a tenderer, in the form of  invitation for submission of bid, invites specified legal persons or other specified  organizations to submit their bids.

Article 11
If a national key project determined by the department of the State Council for development planning or a local key project determined by the people's government of a province, an autonomous region or a municipality directly under the Central Government is not suitable for carrying out public tender, it may be subject to invitational tender with approval of the department of the State Council for development planning or the people's government of the province, autonomous region or municipality under the Central Government.

Article 12
A tenderer shall have the right to choose, on his own, a procuratorial agency and authorize it to carry out the tender. No unit or person may designate a procuratorial agency for the tenderer in any form.

A tenderer who has the capability of preparing his tender documents and organizing bid assessments may carry out the tender by himself. No unit or person may compel the tenderer to authorize a procuratorial agency to carry out the tender.

If a tenderer carries out the tender by himself for a project subject to tender according to law, the matter shall be reported to the relevant department for administrative supervision for the record.

Article 13
A procuratorial agency is a social intermediary organization which is established according to law to engage in the procuratorial tender business and to provide related services.

A procuratorial agency shall satisfy the following conditions:

1.  Having a business site and necessary amount of capital for carrying out the procuratorial tender business;

2.  Having a qualified technical and academic force capable of preparing the tender documents and organizing bid assessments; and

3.  Having a bank of experts in such fields as technology and economics who satisfy the conditions laid down in Paragraph 3 of Article 37 of this Law and can serve as candidates of members of the bid assessment committees.

Article 14
Qualifications of procuratorial agencies engaging in the procuratorial tender business of construction projects shall be determined by the competent administrative departments for construction of the State Council or of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government. Concrete measures therefor shall be formulated by the competent administrative department of the State Council for construction, jointly with relevant departments of the State Council. The competent departments for determination of qualifications of procuratorial agencies engaging in other procuratorial tender businesses shall be laid down by the State Council.

Procuratorial agencies may not have any subordination relations or other interest relations with administrative organs and other State organs.

Article 15
A procuratorial agency shall carry out the tender within the scope authorized by the tenderer and shall comply with the provisions of this Law on tenderers.

Article 16
A tenderer who adopts the public tender method shall issue a tender announcement. The tender announcements of projects subject to tender according to law must be issued in newspapers, periodicals, information networks or other media designated by the State.

A tender announcement shall clearly contain such particulars as the name and address of the tenderer, nature of the project subject to tender, quantity, place and time of implementation and methods to acquire the tender documents.

Article 17
A tenderer who adopts the invitational tender method shall issue invitations for submission of bids to three or more specified legal persons or other specified organizations capable of undertaking the project subject to tender and having a good reputation and creditworthiness.

An invitation for submission of bid shall clearly contain the particulars set forth in Paragraph 2 of Article 16 of this Law.

Article 18
A tenderer may, in accordance with the need of a project subject to tender, demand the intended bidders to provide documentary evidences related to their qualifications and information on their business performance in his tender announcement or invitations for submission of bids, and shall examine the qualifications of the intended bidders; and if the State has the provisions on the qualifications of bidders, such provisions shall govern.

A tenderer may not restrict or exclude any intended bidder with unreasonable requirements and may not apply discrimination treatment to any intended bidder.

Article 19
A tenderer shall prepare the tender documents in accordance with the features and needs of the project subject to tender. The tender documents shall contain all substantial requirements and terms as technical requirements of the project subject to tender, standards on examination  of bidders' qualifications, requirements on bid price quotation and bid assessment standards as well as main clauses of the contract to be signed.

If the State has the provisions on technologies and standards of projects subject to tender, a tenderer shall, in accordance with these provisions, put forward corresponding requirements in his tender documents.

If a project subject to tender needs to be divided into bid lots or to determine the construction period, the tenderer shall reasonably make such division or decision and shall state it in his tender documents clearly.

Article 20
No tender document may require or specify any specified producer or supplier or contain any other contents favoring or excluding intended bidders.

Article 21
A tenderer may, in accordance with the actual conditions of a project subject to tender, organize intended bidders to inspect and survey the site of the project.

Article 22
A tenderer may not disclose to another person the names and number of intended bidders already acquired his tender documents or other information that might affect fair competition related to tender and bid  activities.

If a tenderer has a base bid price, it must be kept secret and confidential.

Article 23
A tenderer who desires to make necessary clarifications or modifications in his tender documents already issued shall notify all receivers of his tender documents in a written form at least 15 days prior to the deadline for submission of bid documents set in his tender documents. Such clarifications or modifications shall be the constituent of his tender documents.

Article 24
A tenderer shall set a reasonable period of time for bidders necessary for preparing their bid documents; nevertheless, for a project subject to tender according to law, the minimum period from the issue date of the tender documents to the deadline for submission of bid documents by bidders may not be less than 20 days.

Chapter III Bids

Article 25
A bidder means a legal person or any other organization that responds to a tender and participates in bid competition.

If a scientific research project subject to tender according to law allows individual persons to participate in bidding, the provisions of this Law on bidders shall apply to individual persons participating in bidding.

Article 26
A bidder shall have the capability to undertake the project subject to tender; and if the State has the provisions on the qualifications of bidders or the tender documents specifies the qualifications for bidders, a bidder shall have the qualifications provided or specified.

Article 27
A bidder shall prepare his bid documents as required by the tender documents. The bid documents shall respond to the substantial requirements and terms put forward in the tender documents.

If a project subject to tender is a construction project, the contents of the bid documents shall contain the profiles and business performances of the persons-in-charge of the project and major technical personnel to be appointed as well as machinery and equipment to be employed for the project.

Article 28
A bidder shall deliver his bid documents to the place of submission prior to the deadline for submission set in the tender documents. The tenderer shall sign and keep the bid documents when receiving and may not open them. If the number of bidders is less than three, the tenderer shall issue the tender anew according to this Law.

The tenderer shall refuse to accept any bid documents delivered after the deadline for submission set in the tender documents.

Article 29
Prior to the deadline for submission of bid documents set in the tender documents, a bidder may supplement, modify or withdraw his bid documents already delivered and shall notify the tenderer in writing. Such supplements or modifications shall be the constituent of his bid documents.

Article 30
A bidder who, in consideration of the actual conditions of the project stated in the tender documents, intends to subcontract some parts of the project excluding the main structure and critical work after winning the project, shall make clear statements in his bid documents.

Article 31
Two or more legal persons or other organizations may form a consortium and jointly submit their bids as one bidder.

Each party to the consortium shall have corresponding capability to undertake the project subject to tender; if the State or the tender documents have provisions on the qualifications of bidders, all parties to the consortium shall have the corresponding qualifications provided. If units of the same profession form a consortium, the grade of qualifications shall be determined according to the unit with lowest qualification level.

Parties to a consortium shall enter into an agreement on joint submission of bid to define the work and responsibility to be assumed by each of them, and shall deliver the said agreement to the tenderer together with the bid documents. If a consortium wins the bid, the parties thereto shall jointly enter into a contract with the tenderer and assume joint and several liability over the winning project to the tenderer.

A tenderer may not compel bidders to form a consortium to make joint bidding and may not restrict competition among bidders.

Article 32
A bidder may not collude with other bidders in submitting their bid price quotations or discriminate fair competition by other bidders to prejudice the legitimate rights and interests of the tenderer or other bidders.

A bidder may not collude with the tenderer in submitting his bid to prejudice the State's interests, the social and public interests or the legitimate rights and interests of any other person.

It is forbidden for bidders to offer bribes to the tenderers or members of the bid assessment committees for winning.

Article 33
A bidder may not submit his bid price quotation below cost for competition, and may not submit his bid in the name of another person or resort to any other false and deceptive method for winning.

Chapter IV Bid Opening, Assessment and Winning

Article 34
Bid opening shall be started openly at the same time of the deadline for submission of bid documents set in the tender documents; and the place of  opening bids shall be the place predetermined in the tender documents.

Article 35
Bid opening shall be presided over by the tenderer, and all bidders shall be invited to join.

Article 36
When opening bids, the bidders or the representatives selected by them shall check the sealing of bid documents, and the sealing may also be checked and notarized by the notary organization commissioned by the tenderer; after being checked and verified, the working personnel shall open them in public, announce the names of bidders, bid price quotations and other main contents of bid documents.

All bid documents received by the tenderer prior to the deadline for  submission set in the tender documents shall be opened and announced in public when opening bids.

Records on the bid opening shall be made and shall be placed on files for future reference.

Article 37
Bid assessment shall be the responsibility of the bid assessment committee established according to law by the tenderer.

If a project must be subject to tender according to law, the bid assessment committee shall be composed of the representative of the tenderer and experts in the related technological and economic fields, and the number of committee members shall be an odd number at or above five, of the members, experts in technological and economic fields may not be less than two-thirds of the total members.

Experts mentioned in the preceding paragraph shall have worked in the related fields for eight years or longer, have senior academic titles or the same professional level, and they shall be chosen from the name lists of experts provided by relevant departments of the State Council or relevant departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, or from the name list of experts in related fields in the expert bank of the procuratorial agency; for an ordinary project subject to tender, the experts may be chosen randomly, and for a special project subject to tender, the experts may be directly chosen by the tenderer.

A person having an interest with a bidder may not join the bid assessment committee of the related project and; if already joined, shall be replaced.

The name list of members of the bid assessment committee shall be kept secret and confidential before the bidding result is made.

Article 38
A tenderer shall take necessary measures to guarantee that bid assessment is carried out in a strictly secret and confidential situation.

No unit or person may illegally interfere or affect the bid assessment procedure or result.

Article 39
The bid assessment committee may demand a bidder to make necessary clarifications or explanations on the contents with ambiguous denotation of his bid documents, however, such clarifications or explanations may not exceed the scope of his bid documents or alter any substantial contents of his bid documents.

Article 40
The bid assessment committee shall assess and compare all bid documents in accordance with the bid assessment standards and methods set in the tender documents and; if there is a base bid price, shall take it as reference. After finishing the assessment, the bid assessment committee shall give a written report thereon to the tenderer and recommend the qualified candidate winning bidders.

The tenderer shall, pursuant to the written report on bid assessment given by the bid assessment committee, determine the winning bidder from among the candidate winning bidders recommended by the bid assessment committee. The tenderer may also authorize the bid assessment committee to directly determine the winning bidder.

If the State Council has the special provisions on bid assessment of specified projects subject to tender, such provisions shall govern.

Article 41
The bid of a winning bidder shall satisfy any of the following requirements:

1. to be able to satisfy the maximum various comprehensive assessment standards set in the tender documents; or

2. to be able to satisfy the substantial requirements set in the tender documents and to have the lowest bid price quotation upon assessment, with the exception of the bid price quotation which is below cost.

Article 42
The bid assessment committee may deny all the bids if, after the assessment, believes that they fail to satisfy the requirements set forth in the tender documents.

If all the bids on a project subject to tender according to law are denied, the tenderer shall start the tender anew in accordance with this Law.

Article 43
Before the winning bidder is determined, the tenderer may not negotiate with any bidder on such substantial contents as bid price or bidding plan.

Article 44
Members of the bid assessment committees shall objectively and impartially perform their duties, comply with the code of ethics and be personally liable for their assessment opinions.

A member of a bid assessment committee may not contact any bidder privately and may not accept property or other benefits from any bidder.

Members of the bid assessment committees and working personnel taking part in bid assessment may not disclose their bid assessment and comparison of bid documents, recommendation information about candidate winning bidders and other information related to bid assessment.

Article 45
When the winning bidder is determined, the tenderer shall issue a bid-winning notice to the former and concurrently, notify all bidders who do not win the bid about the result.

The bid-winning notice is legally binding on both the tenderer and the winning bidder. If, after the bid-winning notice is issued, the tenderer alters the bidding result or the winning bidder waives the winning project, the said tenderer or the said winning bidder shall bear legal liabilities according to law.

Article 46
Within 30 days following the date of issuance of the bid-winning notice, the tenderer and the winning bidder shall enter into a written contract in accordance with the tender documents and the bid documents of the winning bidder. The tenderer and the winning bidder may not conclude any other  agreement contrary to the substantial contents of the contract.

If the tender documents require the winning bidder to provide an earnest for performance of contract, the winning bidder shall provide it.

Article 47
If a project must be subject to tender according to law, the tenderer shall, within 15 days following the date of determining the winning bidder, submit a written report about the tender and bid to the relevant department for administrative supervision.

Article 48
A winning bidder shall fulfil his obligations as contracted and complete the winning project. A winning bidder may not transfer the winning project to another person and may not break the winning project into parts for transferring them separately to other persons.

A winning bidder may, as contracted or upon consent of the tenderer, subcontract parts of the winning project excluding the main structure and critical work to other persons to complete them. The persons accepting the subcontracts shall have corresponding qualifications and may not subcontract it again to other persons.

A winning bidder shall be accountable to the tenderer for the subcontracted projects, and the persons accepting the subcontracts shall jointly and severally be liable for the subcontracted parts.

Chapter V Legal Liabilities

Article 49
If a unit, in violation of the provisions of this Law, fails to carry out a tender for a project subject to tender or breaks a project subject to tender into parts or resorts to any other form to dodge tender, the unit shall be ordered to make corrections within a given period of time and may be imposed a fine exceeding 0.5 per cent and not exceeding 1 per cent of the contracted sum of the winning project; if the project uses, completely or partly, the State-owned fund, the project may be suspended or the allocation of fund may be suspended; and the person-in-charge directly responsible and other persons directly responsible of the unit shall be given sanctions according to law.

Article 50
If a procuratorial agency, in violation of the provisions of this Law, divulges confidential information and materials related to the tender and bid activity or colludes with a tender or bidder to prejudice the State's interests, the social and public interests or the legitimate rights and interests of other persons, the agency shall be imposed a fine exceeding 50,000 yuan and not exceeding 250,000 yuan and the person-in-charge directly responsible and other persons directly responsible of the agency shall be imposed a fine exceeding 5 per cent and not exceeding 10 per cent of the fine imposed on the agency; the illegal gains therefrom, if any, shall be confiscated of; if the circumstance is serious, its qualifications for procuratorial agency shall be suspended or revoked; and if a crime is constituted, criminal responsibility shall be demanded for according to law. If any loss is caused to other persons, the agency shall be liable therefor according to law.

If an act set forth in the preceding paragraph affects the bidding result, the result shall be void and invalid.

Article 51
A tenderer who restricts or excludes an intended bidder with unreasonable requirements, applies discriminate treatment to an intended bidder, compels bidders to form a consortium to jointly submit their bids, or restricts competition among the bidders, shall be ordered to make corrections and may be imposed a fine exceeding 10,000 yuan and not exceeding 50,000 yuan.

Article 52
If a tenderer for a project subject to tender according to law discloses to another person the names and numbers of intended bidders who have already acquired his tender documents or any other information related to the tender and bid which likely affects fair competition, or leaks the base bid price, the tenderer shall be given a warning and concurrently, may be imposed a fine exceeding 10,000 yuan and not exceeding 100,000 yuan; the person-in-charge directly responsible and other persons directly responsible of the tenderer shall be given sanctions according to law; and if a crime is constituted, criminal responsibility shall be demanded for according to law.

If an act set forth in the preceding paragraph affects the bidding result, the result shall be void and invalid.

Article 53
If a bidder colludes with another bidder in submitting their bids or colludes with the tenderer in submitting his bid, or if a bidder resorts to the manner of offering bribes to the tenderer or members of the bid assessment committee to win the bid, his winning of the bid shall be void and invalid, the said bidder shall be imposed a fine exceeding 0.5 per cent and not exceeding 1 per cent of the sum of the winning project, the person-in-charge directly responsible and other persons directly responsible of the bidder shall be imposed a fine exceeding 5 per cent and not exceeding 10 per cent of the fine imposed on the bidder; the illegal gains therefrom, if any, shall be confiscated of concurrently; if the circumstance is serious, his qualifications to take part in bidding of projects subject to tender shall be cancelled for one to two years and the cancellation shall be announced or even his business license shall be revoked by the administrative department for industry and commerce; and if a crime is constituted, criminal responsibility shall be demanded for according to law. If any loss is caused to other persons, the said bidder shall be liable therefor according to law.

Article 54
If a bidder submits his bid in the name of another person or resorts to deception to win the bid, his winning of the bid shall be void and invalid, if a loss is caused to the tenderer, the said bidder shall be liable therefor according to law; and if a crime is constituted, criminal responsibility shall be demanded for according to law.

If a bidder of a project subject to tender according to law commits an act set forth in the preceding paragraph and does not commits a crime, the said bidder shall be imposed a fine exceeding 0.5 per cent and not exceeding 1 per cent of the sum of the winning project, the person-in-charge directly responsible and other persons directly responsible of the bidder shall be imposed a fine exceeding 5 per cent and not exceeding 10 per cent of the fine imposed on the bidder; the illegal gains therefrom, if any, shall be confiscated of concurrently; and if the circumstance is serious, his qualifications for taking part in bidding for projects subject to tender according to law for one to three years shall be cancelled and the cancellation shall be announced, or even his business license shall be revoked by the administrative department for industry and commerce.

Article 55
If a tenderer for a project subject to tender according to law, in violation of the provisions of this Law, negotiates with a bidder on such substantial contents as the bid price or bidding plan, the said tenderer shall be given a warning and the person-in-charge directly responsible and other persons directly responsible of the said tenderer shall be given sanctions according to law.

If an act set forth in the preceding paragraph affects the bidding result, the result shall be void and invalid.

Article 56
If a member of a bid assessment committee accepts property or other benefits from a bidder or if a member of a bid assessment committee or a  working personnel taking part in the bid assessment discloses to another person the assessment and comparison of bid documents, recommendation of candidate winning bidders or any other information related to bid assessment, the member or the personnel shall be given a warning, be confiscated of the property accepted and may concurrently be imposed a fine exceeding 3,000 yuan and not exceeding 50,000 yuan, the member of the bid assessment committee committing any of the illegal acts set forth shall be revoked his qualifications as a member of the committee and may no longer take part in bid assessment of projects subject to tender according to law; and if a crime is constituted, criminal responsibility shall be demanded for according to law.

Article 57
If a tenderer determines the winning bidder outside the candidate winning bidders recommended according to law by the bid assessment committee or determines on his own the winning bidder after all the bids for the project subject to tender according to law were denied by the bid assessment committee, the determination shall be void and invalid. The said tenderer shall be ordered to make corrections and may be imposed a fine exceeding 0.5 per cent and not exceeding 1 per cent of the sum of the winning project and; the person-in-charge directly responsible and other persons directly responsible of the said tenderer shall be given sanctions according to law.

Article 58
If a winning bidder transfers his winning project to another person, breaks the winning project into parts and subcontracts them separately to other persons or, in violation of the provisions of this Law, subcontracts the main structure or critical work of the winning project to other persons, or if a subcontractor subcontracts his project again, the transfer or subcontract shall be void and invalid, the winning bidder or the subcontractor shall be imposed a fine exceeding 0.5 per cent and not exceeding 1 per cent of the sum of the transferred or subcontracted project and concurrently; be confiscated of the illegal gains therefrom, if any; and may be ordered to stop his business for rectification; and if the circumstance is serious, the administrative department for industry and commerce shall revoke his business license.

Article 59
If a tenderer and a winning bidder fail to enter into a contract in accordance with the tender documents and the bid documents of the winning bidder, or a tenderer and a winning bidder conclude an agreement contrary to the substantial contents of the contract, they shall be ordered to make corrections; and may be imposed a fine exceeding 0.5 per cent and not exceeding 1 per cent of the sum of the winning project.

Article 60
If a winning bidder fails to perform the contract signed with the tenderer, his earnest for performance of contract shall not be refunded, if a loss caused to the tenderer is larger than the amount of earnest, the winning bidder shall compensate the part in excess of the earnest; and if no earnest for performance of contract is provided, the winning bidder shall be liable for any loss of the tenderer.

If a winning bidder fails to fulfil his obligations according to the contract signed with the tenderer and the circumstance is serious, his qualifications to take part in bidding for projects subject to tender according to law shall be cancelled for two to five years and the cancellation shall be announced, or even the administrative department for industry and commerce shall revoke his business license.

If a contract is unable to be performed due to force majeure, the provisions of the preceding two paragraphs shall not apply.

Article 61
Administrative sanctions set forth in this Chapter shall be decided by the relevant departments for administrative supervision designated by the State Council, excluding those laid down by this Law to execute administrative sanctions.

Article 62
If any unit, in violation of the provisions of this Law, restricts or excludes a legal person or any other organization from another place or system to take part in bidding, designates a procuratorial agency for a tenderer, compels a tenderer to authorize a procuratorial agency to carry out the tender, or interferes the tender and bid activity in any other form, the unit shall be ordered to make corrections; the person-in-charge directly responsible and other persons directly responsible of the unit shall be given such sanctions as warning, recording of demerit or recording of serious demerit according to law, and if the circumstance is fairly serious, be given such sanctions as demotion, removal from office or expulsion according to law.

A person who commits any of the acts set forth in the preceding paragraph by taking advantage of his power shall be demanded for his responsibility in accordance with the provisions of the preceding paragraph.

Article 63
A public servant of a State organ obligated for exercising administrative supervision according to law over tender and bid activities, who practices favoritism or irregularity, abuses his power or neglects his duty of office, shall be demanded for criminal responsibility according to law if a crime is constituted and; if no crime is constituted, be given administrative sanctions according to law.

Article 64
If the bidding result of a project subject to tender according to law is void and invalid due to violation of the provisions of this Law, a new  winning bidder shall be determined from among other bidders according to the bidding terms laid down in this Law or a new tender shall be carried out according to this Law.

Chapter VI Supplementary Provisions

Article 65
A bidder or any other interested person who believes that a tender and bid activity does not conform to the provisions of this Law shall be entitled  to raise his objection to the tenderer or to file a complaint with the relevant department for administrative supervision according to law.

Article 66
Projects not suitable for carrying out tenders because of involving in State security, State secrets, emergency rescue and disaster relief or other special circumstances involving the use of relief fund for providing work as a form of relief or requiring to employ farmers as workers, may not be subject to tender in accordance with the relevant regulations of the State.

Article 67
If the loan or fund provider of a project subject to tender using a loan or aid fund from an international organization or a foreign government has different provisions on specific requirements and procedures for the tender and bid, his provisions may apply, with the exception of those contrary to the social and public interests of the People's Republic of China.

Article 68
This Law shall enter into force on January 1, 2000.
 

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