Decree of the Ministry of Commerce of the People’s Republic of China
No. 15
The Measures for the Administration on Work Safety of Complete Foreign Aid Projects (For Trial Implementation) have been adopted upon
deliberation at the 5th executive meeting of the Ministry of Commerce of the People’s Republic of China on May 17, 2006. They are
hereby promulgated and shall enter into force as of October 1, 2006.
Minister of the Ministry of Commerce: Bo Xilai
August 16, 2006
Measures for the Administration on Work Safety of Complete Foreign Aid Projects (For Trial Implementation)
Chapter I General Rules
Article 1
For the purpose of strengthening the administration on work safety of complete foreign aid projects and safeguarding the life safety
of technicians and related persons for foreign aid projects and the property safety of foreign aid projects, the present Measures
are constituted under the related laws and administrative regulations.
Article 2
The supervision over and administration on work safety during the survey, design, construction and supervision of complete foreign
aid projects shall be subject to the present Measures.
The term “complete foreign aid projects (hereinafter referred to as foreign aid projects)” as mentioned in the present Measures refers
to the various kinds of projects under which the government of our country provides gratuitous assistance, interest-free loans, low-interest
loans or any other financial assistance funds to the government of the aid recipient, chooses the undertaking enterprises for survey
and design, provides construction machines, equipments and materials, assigns engineering technical staff, and undertakes or guides
the whole process or some stages of construction, installation or trial production within the territory of the recipient.
Article 3
The administration on work safety of foreign aid projects shall be subject to the policies of “safety first and precaution as the
key”.
Article 4
The Ministry of Commerce shall be responsible for constituting rules for the work safety of foreign aid projects and supervising
over the implementation of the aforesaid rules.
Article 5
Survey and design enterprises, design supervision enterprises, construction enterprises and construction supervision enterprises
which undertake the foreign aid projects (hereinafter referred to as the enterprises undertaking foreign aid projects), shall observe
all the provisions in the present Measures and the local laws and regulations on work safety constituted by the related aid recipient,
ensure the safety of foreign aid projects, bear the safety liability for foreign aid projects, and may not contract out or illegally
subcontract foreign aid projects.
If the subcontracting of a project is approved by the Ministry of Commerce, the enterprise undertaking the foreign aid project and
the subcontracting enterprise shall bear joint and several liabilities for the work safety of the subcontracted project.
Chapter II Safety Responsibilities of a Survey and Design Enterprise
Article 6
Survey and design enterprises of foreign aid projects shall, in accordance with laws, administrative regulations and compulsory standards
of the State on the survey of projects, survey the foreign aid projects. And the project survey documents they provide shall be true
and accurate, and shall meet the requirements for the work safety of foreign aid projects.
The survey and design enterprise of a foreign aid project shall, when it conducts a survey, strictly accord with the operational rules
for the survey, and take measures to ensure the safety of various pipelines, facilities and surrounding buildings and structures.
Article 7
When designing a foreign aid project, the survey and design enterprise of a foreign aid project shall undertake the project design
under the stipulations in the project establishment agreement, project survey documents and the design contract for the foreign aid
project signed between the governments. Unless it is otherwise specially stipulated with the aid recipient, the survey and design
enterprise of a foreign aid project shall strictly accord with the laws, administrative regulations, design rules and compulsory
standards of the State on engineering construction projects to avoid the occurrence of work safety accidents by virtue of unreasonable
design.
As regards a hidden project, main structure or any other key part of a significant foreign aid project or the structural design scheme
for a special foreign aid project, the survey and design enterprise of the foreign aid project shall conduct a model safety test.
As regards the maintenance, rebuilding or expanding (including the dismantlement) of a project, the survey and design enterprise of
the foreign aid project shall make out appraisal documents on the structural safety of the original building or structure.
If a new technology, new technique or new material is adopted for the deign of a foreign aid project, the survey and design enterprise
of the foreign aid project shall ensure the reliability and safety of the technology, technique or material involved, and bring forward
suggestions on the measures for safeguarding the safety of construction workers and defending the occurrence of work safety accidents
in the design.
Article 8
The survey and design enterprise of a foreign aid project must constitute a special safety chapter in the preliminary deign or the
design instruction of the construction drawings for the foreign aid project.
The following items shall be included in the special safety chapter:
(1)
the safety protection measures for the constructions, structures, underground pipelines and facilities adjacent to the construction
site;
(2)
the protection articles and appliances, construction machine and tools, fire control facilities and equipments necessary for safe
construction, and the necessary specific technical requirements; and
(3)
the safety technical measures for the part of project or the sub-project that is fairly dangerous or the part or link of construction
site at which a work safety accident is likely to occur.
Chapter III Safety Responsibilities of a Design Supervision Enterprise
Article 9
In accordance with the laws, administrative regulations and compulsory standards of the State on the supervision over projects, the
design supervision enterprise of a foreign aid project and the supervisors it assigns shall examine the project survey documents
submitted by the survey and design enterprise of the foreign aid project, and affirm whether they can satisfy the requirements for
work safety of the foreign aid project.
The project survey documents, which have not been examined or are found to be unqualified upon examination, may not be the basis for
the design of the foreign aid project.
Article 10
In accordance with the laws, administrative regulations, design rules and compulsory standards of the State on the engineering construction
projects, the design supervision enterprise of a foreign aid project and the supervisors it assigns shall strictly control the safety
guarantee degree and design quality of the design documents on the foreign aid project through step-by-step design inspection and
process supervision.
Article 11
The design supervision enterprise of a foreign aid project and the supervisors it assigns shall, during the process of step-by-step
design inspection, undertake special safety inspection on the design documents for the foreign aid project.
The following items shall be included in the special safety inspection:
(1)
examining the safety of structure design: if a model safety test has been conducted, it is necessary to examine and affirm the safety
test result; if the structure design scheme is not reliable or the model safety test has not been conducted according to the provisions,
it is necessary to supplement the model safety test and to examine and affirm the safety test result; and as regards the maintenance,
rebuilding or expanding (including the dismantlement) of a project, it is necessary to go through the inspection and affirmation
procedure for structure safety appraisal documents on the original building or structure;
(2)
examining whether or not all the professional design contents comply with the compulsory standards for engineering construction project;
and
(3)
examining the reliability and effectiveness of the safety technical measures for the part of project or the sub-project that is fairly
dangerous.
Article 12
As regards a foreign aid project for which such two design stages as the preliminary design and the project drawing design are implemented,
the design supervision enterprise of the foreign aid project shall undertake a special safety inspection at the inspection stage
for preliminary design. And if the preliminary design fails to pass the special safety inspection or is found to be unqualified upon
special safety inspection, the project drawing design may not be started.
The design supervision enterprise of the foreign aid project shall, after the project drawing design is completed, undertake a corresponding
review of the special safety inspection contents at the stage for reviewing the project drawing. Any project drawing design document
that fails to be reviewed or is found unqualified upon review may not be used for the construction of the foreign aid project.
Article 13
As regards a foreign aid project for which the one-step project drawing design is implemented, the design supervision enterprise
of the foreign aid project shall conduct a special safety inspection after the project drawing design is finished. Any project drawing
design document that fails to be submitted for a special safety inspection or is found unqualified upon special safety inspection
may not be used for the construction of the foreign aid project.
Article 14
As regards a foreign aid project for which the design supervision system has not been implemented, the consultancy enterprise entrusted
to undertake the step-by-step survey and design consultancy task shall conduct the special safety inspection into the survey and
design documents on the foreign aid project by referring to the present Chapter, and bear the safety responsibilities in accordance
with the present Measures.
Chapter IV Safety Responsibilities of a Construction Enterprise
Article 15
If an enterprise has obtained the qualification of a foreign aid construction enterprise through verification of the Ministry of
Commerce in accordance with the measures for the verification of qualifications of the enterprises undertaking the construction task
for complete foreign aid projects, it shall undertake the construction task of foreign aid projects within the licensing scope of
its qualification degree, be equipped with necessary professional technical staff and technical equipments, constitute the bylaws
and operational rules on work safety, organize education and training on work safety and ensure the work safety of foreign aid projects.
Article 16
The construction enterprise of a foreign aid project shall establish a work safety responsibility system, and its legal representative
shall be comprehensively responsible for the work safety of the foreign aid project.
The construction technical group leader assigned by the construction enterprise of a foreign aid project shall have the corresponding
qualification of a project manger, and take charge of the safe construction at the construction site of the foreign aid project.
Article 17
The construction enterprise of a foreign aid project shall establish a work safety management organ in the construction technical
group, establish a work safety leading group with the construction technical group leader as the leader of the group, constitute
bylaws and operation rules on work safety and the emergency tackling scheme for safety accidents, and shall be comprehensively responsible
for the safe construction at the construction site.
Article 18
At least one safety director shall be equipped in a construction technical group. In case a construction technical group has 15 or
less members, it may have a part-time safety director; and in case a construction technical group has more than 15 members, it must
have a full-time safety director.
A safety director shall assume the following functions and duties:
(1)
supervising over the implementation of bylaws and operation rules on work safety;
(2)
organizing the implementation of emergency rescuing schemes on work safety accidents;
(3)
organizing the education and training on work safety;
(4)
managing and guiding the use of safety protection tools;
(5)
setting and managing safety warning signs and fire control safety signs at the construction site; and
(6)
conducting regular and special safety inspections. In case he finds any act against the bylaws or operation rules on work safety,
he shall deter or correct it on the spot, and immediately report it to the construction technical group leader, take related rectification
measures, and simultaneously do a good job in making records of the safety inspection.
A safety director shall, before he takes his post, accept special trainings on the administrative rules for foreign aid and the standards
for implementing the national professional health and safety management system.
Article 19
Under the guidance of the construction organization and design for the foreign aid project, the construction enterprise of a foreign
aid project shall undertake construction strictly according to the laws and administrative regulations of the State on the engineering
construction projects, the rules and the compulsory standards for construction inspection and acceptance.
Article 20
The construction enterprise of a foreign aid project and its construction technical group shall, in light of the characteristics
of the project, constitute a temporary electricity-using scheme for the construction site during the construction organization and
design; as regards the following part of project or sub-project that is fairly dangerous or the part or link at which a work safety
accident is likely to occur, a special safe construction schedule shall be constituted before the construction and be attached with
the safety assessment result. and the construction enterprise of the foreign aid project shall organize experts to make demonstration
and inspection when necessary:
(1)
pit support and dewatering engineering;
(2)
earth excavation engineering;
(3)
formwork engineering;
(4)
hoisting engineering;
(5)
scaffolding engineering;
(6)
dismantling and blasting engineering; and
(7)
any other special engineering that is fairly dangerous.
The aforesaid temporary electricity-using scheme and special safe construction scheme shall be examined by the construction technical
group leader and then be reported to the construction supervisors for examination and approval. Any temporary electricity-using scheme
or special safe construction scheme that has not been examined and approved may not be used for the construction of the foreign aid
project.
Article 21
Before the construction, the construction enterprise of a foreign aid project and its construction technical group shall organize
the transfer of safe construction technological details, explicitly explain the technical requirements for safe construction to the
operation staff, and initiatively well record the transfer of technological details; as regards the part of project or sub-project
that is fairly dangerous or the part or link at which a work safety accident is likely to occur, the construction enterprise of a
foreign aid project and its construction technical group shall transfer the safe construction technological details together with
the design representatives and construction supervisors, and jointly record the related matters into the summary on transfer of technological
details.
Article 22
The construction enterprise of a foreign aid project and its construction technical group shall establish a qualification management
system for special operators. The construction enterprise and its construction technical group shall strictly examine the special
qualification certificates of the special operators that engage in the operation of vertical transportation machines, installation
and dismantlement, blasting, hoisting informing and high-rise frameworks and etc., and establish management archrivals for corresponding
special operators.
A special operator may not take on his post for operations until the construction supervisor verifies his technical qualification.
Article 23
The construction enterprise of a foreign aid project and its construction technical group shall establish the following special management
system for special equipments such as vertical transportation machines, hoisting machines and self-erecting facilities:
(1)
before purchasing or leasing any special equipment, an inspection and testing institution with the corresponding qualification shall
be entrusted to make safety inspection or testing and issue an inspection and testing conformity certificate, which shall be submitted
to the construction supervisors for inspection and reference when the special equipment enters into the construction site;
(2)
the special equipment may not, after it has been installed and debugged, be used until it is inspected and accepted and is found to
be qualified by the construction supervisors, and a conformity sign upon inspection and acceptance shall be placed at or attached
to an eye-catching site of the aforesaid equipment;
(3)
the special equipment shall be managed by special persons, be regularly inspected and maintained, and a maintenance managing archive
shall be established therefor during the process of construction;
(4)
if the special equipment needs to be used continuously after the conformity period upon inspection and acceptance expires, the records
of operation and maintenance of the aforesaid equipment shall be provided to the construction supervisors for applying for a supplementary
inspection and acceptance. And the aforesaid equipment may not be continuously used until it is found to be qualified upon the supplementary
inspection and acceptance by the construction supervisors.
Article 24
The construction enterprise of a foreign aid project and its construction technical group shall take the following safety protection
measures for the operational staff at the construction site:
(1)
constituting and implementing the operation rules for dangerous posts;
(2)
conducting regular education and training on work safety to the operation staff at the construction site;
(3)
purchasing, leasing and using the safety protection appliances and articles, construction machines and tools that are produced by
a qualified manufacturer and have product conformity certificates, in light of the compulsory standards of the State and the special
requirements of project design documents, and conducting necessary inspections before putting the aforesaid safety protecting appliances
into use at the construction site;
(4)
arranging special persons for the management of safety protection appliances, and establishing a ledger for the distribution of safety
protection appliances;
(5)
setting up an inspection and maintenance responsibility system for construction machines and tools, and arranging special persons-in-charge;
and
(6)
setting eye-catching safety warning signs at the entrances and exits of the construction site and at the sites for placing construction
cranes, interim electricity-using facilities, scaffolding, explosives, harmful and dangerous gas and other dangerous sites. The safety
warning signs shall be written both in Chinese and in the official language of the recipient, and accord with the standards of China
and the recipient unless it is otherwise specially stipulated with the aid recipient.
Article 25
The construction enterprise of a foreign aid project and its construction technical group shall set up a fire control responsibility
system for the construction site, determine the person-in-charge of fire control, and constitute the fire control management rules
and operation rules for using the fire, electricity and flammable and explosive materials. The construction enterprise of a foreign
aid project and its construction technical group shall build channels and water sources for fire control, have fire control facilities
and extinguishing apparatus the operation area at the construction site, offices and living areas, and establish fire control safety
signs at the entrances to all the areas. The fire control safety signs shall be written both in Chinese and the official language
of the recipient, and accord with the standards of China and the recipient unless it is otherwise specially stipulated with the aid
recipient,.
The construction enterprise of a foreign aid project and its construction technical group shall undertake regular and specific fire
control inspections, and well record the fire control inspections.
Article 26
The construction enterprise of a foreign aid project and its construction technical group shall rationally choose the site and establish
temporary production and living facilities in light of the safety requirements. The offices, living area and operation area at the
construction site shall be established separately and keep a safe distance from each other. It shall be strictly forbidden to establish
any collective staff dormitories within the building that has not been completed; the places for the operation staff to have meals,
drink water and have a rest shall accord with the health standards; and the fabricated movable houses used at the construction site
shall have product conformity certificates.
Article 27
During the construction and management of the foreign aid project, the construction enterprise of a foreign aid project and its construction
technical group shall strictly accord with the national professional health safety management system and standards, constitute and
implement the professional health safety guarantee scheme, continuously adopt the identification, risk assessment and risk control
measures for the sources of safety dangers to the professional health, and voluntarily be subject to the monitoring, step-by-step
inspection and supervision by the Ministry of Commerce over its implementation of the standards.
Chapter V Safety Responsibilities of a Construction Supervision Enterprise
Article 28
The construction supervision enterprise of a foreign aid project shall accord with the laws, administrative regulations and compulsory
standards of the State on the related engineering construction projects, fulfill the construction supervisory duties, and supervise
over the construction enterprise of the foreign aid project to intensify the work safety management, put into effect the work safety
measures and regulate the work safety order.
If the construction supervision enterprise of a foreign aid project finds any hidden trouble of safety accident during the process
of construction supervision, it shall require the construction enterprise of the foreign aid project to make corrections; it shall
order the construction enterprise of the foreign aid project to suspend the construction and report it to the Ministry of Commerce
in a timely manner in case the circumstances are serious. If the construction enterprise of the foreign aid project refuses to make
corrections or suspend the construction, the construction supervision enterprise shall report it to the Ministry of Commerce in a
timely manner.
Article 29
The construction supervision enterprise of a foreign aid project shall constitute and carry out the Construction Supervision Outline
in light of the project design documents and the rules for construction inspection and acceptance.
A special charter on the safety supervision plan for the foreign aid project shall be made in the Construction Supervision Outline,
so that the safety prevention and monitoring measures may be constituted in advance for the part of project or sub-project that is
fairly dangerous or the part or link at which a work safety accident is likely to occur.
Article 30
In accordance with the prescribed procedures, the construction supervision enterprise of a foreign aid project and the construction
supervisors it assigns shall supervise over the construction enterprise of the foreign aid project to constitute, amend, report for
approval and carry out all the bylaws constituted by the construction organization, and strictly examine the interim electricity-using
scheme and special safe construction scheme as submitted by the construction enterprise of the foreign aid project.
Article 31
The construction supervision enterprise of a foreign aid project and the construction supervisors it assigns shall strictly observe
the rules for construction supervision, conduct standby supervision over the part of project or sub-project that is fairly dangerous
or the part or link at which a work safety accident is likely to occur, find hidden troubles of safety and guide to make corrections
in a timely manner.
Article 32
The construction supervision enterprise of a foreign aid project and the construction supervisors it assigns shall strictly examine
the qualification certificates of special operation staff for engaging in the mechanical vertical transportation, installation and
dismantlement, blasting, hoisting signaling, high-rise frameworks and etc., and supervise over the construction enterprise to carry
out the qualification management system for special operation staff.
Article 33
The construction supervision enterprise of a foreign aid project and the construction supervisors it assigns shall examine the inspection
and testing conformity certificates of such special equipments as vertical transportation machines, hoisting machines and self-erecting
facilities and etc., be responsible for the inspection and acceptance before putting them into use, and supervise over the construction
enterprise to carry out the management system for special equipments.
Article 34
The construction supervision enterprise of a foreign aid project and the construction supervisors it assigns shall regularly conduct
special inspections on the safety protection measures and fire control safety measures for the construction site, and well make records
of inspections.
Chapter VI Personal Accident Injury Insurance
Article 35
In accordance with the related provisions, the construction enterprise of a foreign aid project shall purchase the personal accident
injury insurance for those Chinese it assigns abroad to undertake the construction of foreign aid projects. And the fees necessary
for the aforesaid insurances shall be borne by the construction enterprise of the related foreign aid project.
Article 36
The construction enterprise of a foreign aid project shall purchase personal accident injury insurance for the engineering technical
personnel of the aid recipient it hires for entering into the construction site to engage in dangerous work. The accident injury
insurance liabilities and the insurance conditions shall be determined in accordance with the related laws and regulations of the
recipient, and the fees necessary for the aforesaid insurances shall be borne by the construction enterprise of the related foreign
aid project.
Chapter VII Work Safety Supervision and Inspection
Article 37
An appraisal entity that is entrusted by the Ministry of Commerce and has the corresponding qualification shall, when undertaking
the mid-term quality inspection and completion-based inspection and acceptance, conduct special assessment on the work safety situation
of the foreign aid project.
(1)
where any common work safety accident as prescribed in the present Measures has occurred during the construction of the foreign aid
project, the single engineering involved in the work safety accident may not be appraised as the grade of “excellence”;
(2)
Where two or more work safety accidents have occurred during the construction of the foreign aid project, the completion-based inspection
and acceptance of the foreign aid project may not be appraised as the grade of “excellence”; and
(3)
Where any severe or more severe work safety accident as prescribed in the present Measures has occurred during the construction of
the foreign aid project, the single engineering involved in the work safety accident may not be appraised as the grade of “excellence”,
and the completion-based inspection and acceptance of the foreign aid project may not be appraised as the grade of “excellence”.
Article 38
As regards significant foreign aid projects, the Ministry of Commerce shall assign a supervision and inspection team containing related
experts to supervise and inspect the fulfillment of work safety management responsibilities on the spot by the construction enterprise,
the survey and design enterprise, the construction supervision enterprise and their detached agencies.
As regards important projects and other especially sensitive projects, the Ministry of Commerce may undertake the work safety supervision
and inspection in combination with other inspection teams of the project when necessary.
The supervision and inspection team shall be enpost_titled to take the following measures:
(1)
consulting all the documents and materials on the work safety of the entity being inspected;
(2)
entering the construction site to inspect all the production and living places and facilities;
(3)
correcting all the acts violating the work safety requirements on the spot; and
(4)
ordering the removal of the hidden troubles of safety accidents on the spot, and ordering the construction suspension and temporary
removal of the operation staff before the hidden trouble of safety is removed or the safety can not be ensured during the process
of removal.
Chapter VIII Investigation and Disposal of Work Safety Accidents
Article 39
The work safety accidents of foreign aid projects can be classified into the following 4 grades in light of the conditions on the
death of operation staff and the property loss of the foreign aid project:
(1)
Common work safety accidents, which refers to the death of 2 or less persons, or the property loss of 100,000 Yuan up to 300,000 Yuan;
(2)
Severe work safety accidents, which refers to the death of 3 up to 9 persons, or the property loss of 300,000 Yuan up to one
Notice of the Ministry of Commerce on Printing and Distributing the Provisions of the Ministry of Commerce on the Announcing and Questioning
of the Bid Evaluation Results of Foreign-aid Projects (for Trial Implementation)
Shang Yuan Fa [2006] No. 413
The competent departments of commerce of all provinces, autonomous regions and municipalities directly under the Central Government,
all the enterprises that undertake the implementation, exploration and design, construction supervision and counseling of foreign-aid
projects,
For the purpose of strengthening the administrative supervision and administration on bidding for foreign aid projects and effectively
implement the principles of “fairness, impartiality and openness”, the Ministry of Commerce has constituted the Provisions of the
Ministry of Commerce on Announcing and Questioning the Bid Evaluation Results of Foreign-aid Projects (for Trial Implementation),
which is hereby printed and distributed to you and shall go into effect as of September 1, 2006.
The department of this Ministry that uniformly accepts the questions over announced bid evaluation results of foreign aid projects
and the contact ways thereof are as follows,
The accepting department: Foreign Aid Department of the Ministry of Commerce
Address: No. 82 Dong’anmen Street, Beijing
Floor 6th, Dong’anmen Office District, the Ministry of Commerce
Contact Number: 010-85226617, 85226649
Fax: 010-65129350
The Ministry of Commerce of the People’s Republic of China
August 22, 2006
Provisions of the Ministry of Commerce on Announcing and Questioning the Bid Evaluation Results of Foreign-aid Projects
For the purpose of strengthening the administrative supervision and administration on bidding for foreign aid projects, effectively
implementing the principles of “fairness, impartiality, openness and optimum selection” and strengthening the credibility of bid
evaluation results, the Ministry of Commerce has decided to try out the announcing and questioning of bid evaluation results of foreign
aid projects, which goes as follows:
1.
The foreign aid projects, whose implementation entities are selected by way of competitive bidding, shall all be listed into the announcing
scope of bid evaluation results, which concretely includes the construction, exploration and design and the construction supervision
of whole sets of foreign aid projects as well as foreign aid material projects (including single equipment projects).
In case the scope of publicity shall be expanded as required by business development, the Ministry of Commerce shall make supplementary
provisions thereon and publish them.
2.
The bid evaluation result of a foreign aid project shall be announced after the related bid opening is conducted and before a notice
on bid awarding is officially distributed. The period for the announcement shall be 5 workdays in general and may be 3 workdays upon
approval under special circumstances, which shall be clearly indicated in the circular on bid opening by the Ministry of Commerce.
Where there is no question or all questions are settled upon expiration of the period for announcement, the Ministry of Commerce shall
distribute a notice on bid awarding to the bid winner.
3.
The Ministry of Commerce shall announce the following items to the bidding enterprises through the “Exclusive Network for Foreign
Aid Bidding”,
(1)
main contents of the bid evaluation report, including the validation of the effectiveness of bids that have been effectively served,
qualitative judgment, quantified scoring and major reasons for deducting scores.
(2)
result of bid opening;
(3)
contact persons and contact information for consulting the contents of the bid evaluation report, which have been designated for explanation;
and
(4)
how to raise questions and the question accepting organ.
4.
Bidding enterprises shall, within the period of announcement, consult by themselves the published bid evaluation results through the
exclusive bidding network. In case any bidding enterprise has any question about the contents of a bid evaluation report, it may
request the contact person as designated by the Ministry of Commerce to make technical explanations and descriptions at first.
5.
Bidding enterprises, which have any different opinion on any bid evaluation result (hereinafter referred to as the question raiser)
may raise question over the following problems within the period of announcement,
(1)
any law-breaking or rule-breaking act in the bidding procedures;
(2)
any law-breaking or rule-breaking act during the organization of bid evaluation; or
(3)
any law-breaking or rule-breaking act concerning bid evaluation results.
6.
The question raiser shall fill in a Questioning Form of Bid Evaluation Results (see the appendix for details) to raise questions,
which shall be affixed with the seal of its legal representative or the authorized representative thereof and thereafter be served,
with the related certification materials, on the question accepting organ. And then it may be deemed as effective. In case any Questioning
Form of Bid Evaluation Results fails to be served within the period of announcement, the related question raiser shall, within the
period of announcement, serve the Questioning Form of Bidding Evaluation Results and related certification materials in written form
by fax to the question accepting organ, of which the originals shall be made up within 2 workdays thereafter so as to validate the
question.
7.
The question raiser shall guarantee the authenticity and lawfulness of the source of its questioned contents and related certification
materials, and shall assume the related legal liabilities.
Where, upon verification, the question raiser brings forward any false questions, yet if it is not out of any subjective deliberate
intent and no serious consequence has been incurred, the Ministry of Commerce shall give a written criticism and warning to it. In
case any question raiser has any subjective deliberate intent to make any false question or where any false question has any negative
impact on or incurs economic losses to the normal implementation of a project subject to bidding, the Ministry of Commerce shall,
depending on circumstances, stop inviting the enterprises to join the bidding of the foreign aid project within 1-2 years.
8.
The Ministry of Commerce (to be specific, Foreign Trade Department) shall uniformly be responsible for accepting the questions posed
by question raisers concerning the announced bid evaluation results of foreign aid projects and opening the exclusive telephone and
fax.
9.
Questions may not be accepted under any of the following circumstances:
(1)
where it fails to be effectively served in accordance with these provisions;
(2)
where it is brought forward by a non-bidder;
(3)
where no legal seal is affixed to the Questioning Form of Bid Evaluation Results as well as the related letters;
(4)
where there is no clear content, clue or related evidence; or
(5)
where any different opinion is raised merely against the bid evaluation result in the absence of any related evidence.
10.
The Ministry of Commerce shall inform the question raiser of the result of question treatment within 10 workdays as of the day when
a question is accepted.
The results of question treatment are classified into three types: maintaining the bid evaluation result, altering the bid winner
and announcing the invalidity of the bidding. In particular, where a bid winner is altered, the new winner shall be announced via
the “Exclusive Network for Foreign Aid Bidding” within the period of announcement as prescribed herein. In case any bidding is announced
invalid, a new bidding shall be organized or the way of bidding shall be separately decided.
11.
In case a question raiser has any different opinion on the treatment of its question, an administrative review or lawsuit may be raised
under law.
12.
The Ministry of Commerce is responsible for interpreting such matters as are not prescribed herein.
These Provisions shall go into effect as of September 1, 2006.
The Ministry of Commerce of the People’s Republic of China
August 1, 2006
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