Ministry of Construction, Administration of Invitation and Submission of Tenders for Building Construction Projects and Public Infrastructure Projects Procedures

Promulgated: 1 June 2001
Effective: as of date of promulgation
Interpreting authority: State Council administrative department in charge of construction
Applicability: For the purposes of the Procedures, "building construction projects" means the construction of all types of buildings and their ancillary facilities, the installation of related wires, pipes and equipment, and the exterior and interior decoration works; "public infrastructure projects" means the civil engineering works, pipeline construction and equipment installation in connection with roads, public transportation, water supply, sewage, fuel gas supply, heat supply, landscaping, city sanitation, sewage treatment, garbage disposal, flood prevention, underground public facilities and related facilities (Article 2).

Main contents: The Procedures provide that any building construction or public infrastructure project with an estimated cost of over Rmb 2 million by contract item or over Rmb 30 million by total investment shall be subject to invitation for tenders (Article 3). Where the project is financed mainly by State funds, invitation for tenders shall be public unless it is a key construction project approved by the State Development Planning Commission or a provincial people's government to be subject only to private invitation for tenders (Article 9). Where public invitation for tenders is mandatory, it shall be conducted in a tangible construction market and announced through specified channels (Articles 13 and 14). The Procedures also specify the basic requirements for the tender invitation documents and tender documents (Articles 18 and 26). Procedures for the opening of tenders, evaluation of tenders and determination of winning tenders are provided in Part Four.
Repealed legislation: Ministry of Construction, Administration of Invitation and Submission of Tenders for Construction Projects Procedures, 30/12/1992