PEOPLE’S REPUBLIC OF CHINA GOVERNMENT PROCUREMENT LAW
The Peoples Republic of China Government Procurement Law was approved by the 29th Meeting of the Standing Committee of the National People’s Congress (NPC) on April 10, 2002. It was issued by the General Office of the NPC Standing Committee on April 28, 2002 and came into effect on July 1, 2002.
This Law has 73 articles in total, divided into 10 chapters, to provide for the legal use of government purchased goods and services in the People’s Republic of China. The primary purpose of this law is to advocate open, fair and just procurement activities, protect the legal rights and interests of participating bidders, and regulate the conduct of government bodies that participate in procurement activities.
Article 1 of this Law stipulates the purpose of the law, which is to ensure government procurement activities are conducted in an open, fair and just manner. Article 2 states that the law applies to all purchasing activities related to public tasks, public welfare and other public interests of the government.
The Law provides a detailed set of rules and regulations to ensure fairness and transparency in government procurement activities. Key elements of the law pertain to procedures for solicitation and evaluation of bids; disclosure of information; contractors’ access to administrative documents; and the formation of industry organizations. Further, the law defines the roles and responsibilities of each entity involved in procurement activities, including the responsible government bodies, bidders and contracting parties.
The Law also provides a detailed set of remedies for any party that feel aggrieved by government procurement activities. Article 40 stipulates that a complainant must lodge a complaint within 30 days of the date of the completion of bidding procedures, or of receipt of notification of the winning bid. The complaint will be reviewed and a decision made within 30 days from its lodgment. Further, the complainant may appeal to the jurisdictional court in accordance with the civil procedural law of the People’s Republic of China.
The People’s Republic of China Government Procurement Law serves as a clear and comprehensive guide for the conduct of fair and just procurement activities. By adhering to the principles and provisions set forth in this law, the government bodies of the People’s Republic of China can assure that all entities and individuals involved in procurement activities are provided equal opportunity and are free from favoritism or unfair discrimination.
