No. 278 Order of Wuhan Municipal People’s Government

It is hereby promulgated that the Measures of Wuhan Municipality for the Supervision and Administration of Public Resource Trading have been adopted at the 2nd Executive Meeting of Wuhan Municipal People’s Government on February 27, 2017, and shall be implemented as of May 1, 2017. 

  

  

Mayor: Wan Yong 

March 21, 2017 

 

Measures of Wuhan Municipality for the Supervision and Administration of Public Resource Trading 

  

Chapter I   General Provisions 

Article1   With a view to standardizing public resource trading and strengthening its supervision and administration, protecting national interests, public interests and the legitimate interests of the parties concerned, optimizing public resource allocation, establishing an unified and open market system with orderly competition, and promoting the building of incorruptible governments, these Measures are formulated in accordance with the Bidding Law of the Peoples Republic of China, the Government Procurement Law of the Peoples Republic of China, the Regulations of Hubei Province on the Supervision and Administration of Public Resource Bidding, and other laws and regulations, and in the light of the actual situation of this Municipality. 

Article 2   These Measures are applicable to the supervision and administration of public resource trading within the administrative areas of this Municipality. 

Public resource trading as used in these Measures includes construction project bidding as provided by law, government procurement, granting of State-owned land use right and mining right, State-owned assets trading, and other resource trading activities involving public interests, public security and public benefits. 

Article 3   Under the supervision and administration system of public resource trading, comprehensive control shall be integrated with department control, and administrative supervision be separated from trading activities, with unified trading rules, a unified trading platform, a unified service standard, unified information disclosure and unified expert management. 

Article 4   Public resource trading shall follow the principle of openness, fairness, impartiality and integrity. No unit or individual may illegally intervene in public resource trading in any form. 

  

Chapter II   Administrative and Service Agencies 

Article 5    The administrative committees for public resource trading established by the Municipal People’s Government and the people’s governments at the district level (incl. the administrative committees of Wuhan East Lake High-tech Development Zone, Wuhan Economic and Technological Development Zone, Wuhan East Lake Eco-tourism Scenic Spot and Wuhan Chemical Industry Park, the same below) shall be responsible for studying, making overall plans for and coordinating the major matters in public resource trading within their respective jurisdictions, and for supervising, examining, guiding and assessing the work performance of relevant administrative supervisory departments. 

Article 6   The municipal comprehensive supervisory agency of public resource trading shall handle the daily work of the municipal administrative committee for public resource trading, and perform the following responsibilities: 

(1) working out the rules and management procedures as well as establishing a credit system for public resource trading; 

(2) exercising comprehensive supervision and administration over public resource trading at the same level, accepting complaints, investigating and punishing the illegal acts in public resource trading; 

(3) establishing a comprehensive expert database for public resource trading and exercising management; 

(4) establishing a joint law enforcement mechanism jointly with the relevant administrative supervisory departments, and coordinating the law enforcement work in public resource trading; 

(5) expediting the E-information construction of public resource trading platform; 

(6) exercising guidance and coordination over the comprehensive supervisory agencies at the district level; and 

(7) other responsibilities as specified by laws, regulations and the Municipal People’s Government. 

The comprehensive supervisory agencies of public resource trading designated by the people’s governments at the district level shall handle the daily work of the administrative committees for public resource trading at the district level, and in line with their respective responsibilities, exercise comprehensive supervision and administration over public resource trading within their respective districts. 

Article 7   The relevant departments of development and reform, finance, land and planning, urban and rural construction, transport, water, health and family planning, and State-owned assets supervision and administration shall, in accordance with the laws and regulations on bidding, government procurement, granting of State-owned land use right and mining right, and State-owned assets trading, exercise supervision and administration over public resource trading in line with their respective responsibilities. 

The departments of supervision and audit shall exercise supervision and audit over public resource trading according to law. 

Article 8   The municipal service agency of public resource trading shall provide guarantee, information service and supervision support for the various public resource trading activities of this city, and perform the following responsibilities: 

(1) providing places and services for public resource trading, sorting and keeping the trading materials, on-site audiovisual monitoring materials and written records; 

(2) working out on-site work procedures and providing according to law services for public resource trading; reporting the illegal acts in public resource trading to the comprehensive supervisory agencies of public resource trading and the relevant administrative supervisory departments, and assisting in investigation; 

(3) maintaining and managing the municipal E-service system for public resource trading; and 

(4) other responsibilities as specified by laws, regulations and the Municipal People’s Government. 

  

Chapter III   Management of Trading Catalog 

Article 9   The following projects shall enter into the public resource trading platform for trading:  

(1) construction projects requiring bidding as provided by law; 

(2) government procurement projects; 

(3) projects concerning granting of State-owned land use right and mining right; 

(4) rural collective equity trading projects; 

(5) State-owned assets trading projects; 

(6) medical supplies purchasing projects; and  

(7) other trading projects as provided by laws and regulations. 

For the specific scope and scale of the foregoing projects, the provisions of public resource trading catalog shall apply. 

Article 10   The municipal comprehensive supervisory agency of public resource trading shall, jointly with the municipal department of development and reform and other relevant departments, make a draft of the public resource trading catalog, and after soliciting public opinions and holding demonstrations or hearings, submit it to the Municipal Peoples Government for approval before implementation. 

If it is necessary to adjust the public resource trading catalog to meet the needs of economic and social development, the municipal comprehensive supervisory agency of public resource trading shall, jointly with the municipal department of development and reform and other relevant departments, revise the public resource trading catalog, and after soliciting public opinions and holding demonstrations or hearings, submit the revision to the Municipal Peoples Government for approval before implementation. 

Article 11   Projects listed under the public resource trading catalog shall enter into the different levels of public resource trading platform for management and supervision. It is forbidden to trade beyond the public resource trading platform. Projects unlisted under the public resource trading catalog may trade on the public resource trading platform voluntarily. 

  

Chapter IV   Management of Trading Procedures 

Article 12   The organizer of a public resource trading project (hereinafter referred to as project organizer) that meets the legal conditions shall go through the procedures for project registration on the public resource trading platform and release the trade information via the media specified by the State and the Province and via the public resource trading platform; the trade information released by a project organizer via different media and via the public resource trading platform shall be identical. 

Article 13   The assessment experts of a public resource trading project shall be selected at random from the expert database established by the relevant departments as organized by the municipal comprehensive supervisory agency of public resource trading. Where laws and regulations have provided otherwise on expert selection, such provisions shall apply. 

Article 14   The competitor of a public resource trading project (hereinafter referred to as project competitor) or other interested parties who have objections to the trading documents, trading process or trading results shall raise their objections in writing to the project organizer within the legal time limit, and the project organizer shall give a written reply within the legal time limit; if, before a project organizer gives a reply, trade suspension is required by the Bidding Law of the Peoples Republic of China, the Regulations of Hubei Province on the Supervision and Administration of Public Resource Bidding, or other laws and regulations, a trade shall be suspended accordingly. 

Article 15   A project organizer shall, within 15 days as of determining the project winner according to law, submit a written trade report to a comprehensive supervisory agency of public resource trading via the public resource trading platform. 

Article 16   A project organizer and a project winner shall sign a contract within the time limit specified in the trading documents, the contract target, price, quality, performance period, liability for breach and other main clauses shall be kept insistent with the trading documents and commitment documents, and no other agreements breaching the substantial contents of the aforesaid documents shall be signed. 

A project organizer shall, within 15 days as of the contract signing date, submit a contract through the public resource trading platform to a comprehensive supervisory agency of public resource trading for the record. 

  

Chapter V   Trading Management 

Article 17   A project organizer may not perform the following acts: 

(1) trading on the public resource trading platform by breaking up a whole project into parts or by other means; 

(2) suspending or terminating a trade arbitrarily; 

(3) refusing to sign a contract or raising additional conditions; 

(4) organizing a trade illegally by maliciously colluding with a project competitor or an expert; 

(5) refusing to accept the supervision and examination of a comprehensive supervisory agency of public resource trading or a relevant administrative supervisory department; or 

(6) other acts violating laws and regulations. 

Article 18   A project competitor shall abide by the trading procedures and rules, without committing the following acts: 

(1) trading in name of others or winning a project by practicing fraud; 

(2) winning a project by malicious collusion, bribery or other illegal means; 

(3) querying or complaining by fabricating information, falsifying materials, or obtaining certificates by illegal means; or 

(4) other acts violating laws and regulations. 

Article 19   An intermediary of public resource trading shall abide by the trading procedures and rules, without committing the following acts: 

(1) disclosing information and materials related to public resource trading that shall be kept secret; 

(2) colluding with a project organizer or a project competitor, damaging national interests, public interests or others legitimate rights and interests;  

(3) taking briberies or gaining other unjustified interests during trading; 

(4) providing false information during supervision and examination of relevant departments; 

(5) concealing or destroying trading documents that shall be preserved, or fabricating or altering trading documents; or  

(6) other acts violating laws and regulations. 

Article 20   Experts participating in the project review of public resource trading shall exercise review using the standard and approaches specified in the trading documents, without committing the following acts: 

(1) inquiring a project organizers intention of determining a project winner; 

(2) accepting tendentious suggestions proposed explicitly or implicitly by an entity or individual; 

(3) taking briberies or gaining other unjustified interests; 

(4) neglecting duties or committing other acts of malpractice; or  

(5) other acts violating laws and regulations. 

  

Chapter VI   Supervision 

Article 21   A project competitor or other interested parties who are not satisfied with the objection reply of a project organizer may lodge a complaint to a comprehensive supervisory agency of public resource trading or to a relevant supervisory department according to law. 

A complainant may not try to squeeze its competitors out by complaints, or lodging false or malicious complaints, or hinder the normal process of public resource trading. 

Article 22   A comprehensive supervisory agency of public resource trading shall accept and deal with the complaints according to law concerning : 

(1) trading beyond the public resource trading platform a project that shall be traded on the platform; 

(2) non-observance of the work procedures of the public resource trading platform; or 

(3) other circumstances provided by laws, regulations and the Municipal Peoples Government where complaints shall be accepted by a comprehensive supervisory agency of public resource trading. 

With respect to a complaint not belonging to the circumstances specified in the preceding paragraph, a comprehensive supervisory agency of public resource trading shall, within three days as of receipt of the complaint, transfer it to an administrative supervisory department holding the governing power, and the latter shall feed the handling result back to the comprehensive supervisory agency of public resource trading. The duration of transfer shall not be counted into the valid period of complaint. 

Article 23   A comprehensive supervisory agency of public resource trading, while handling a complaint, is entitled to consulting and photocopying relevant documents and materials as well as investigating relevant information, and the involved entity and persons shall provide cooperation. If an ongoing public resource trade may affect the handling of a complaint, a comprehensive supervisory agency of public resource trading may order a suspension of such trade. 

Article 24   A comprehensive supervisory agency of public resource trading shall, jointly with a relevant administrative supervisory department, establish a coordination mechanism for the supervision and administration of public resource trading, so as to solve relevant matters in public resource trading together. 

Article 25   The municipal comprehensive supervisory agency of public resource trading shall strengthen the information and electronic construction for the supervision and administration of public resource trading, so as to achieve the centralized exchanges and synchronized sharing of organizers information, trading information and supervisory information in public resource trading. 

Article 26   A comprehensive supervisory agency of public resource trading shall establish a foundation database and credit management system for the project organizers, project competitors, intermediaries, experts and relevant practitioners participating in public resource trading, and establish and improve its credit rating system as well as incentive and punishment mechanism for public resource trading. The results of credit rating shall be released timely on the public resource trading platform to achieve information connectivity and data sharing. 

Article 27   An administrative supervisory department shall strengthen its supervision over the process and performance of public resource trading, immediately investigate and punish the problems found, and forward a copy of its decision to a comprehensive supervisory agency of public resource trading within 15 days as of its decision-making. A comprehensive supervisory agency of public resource trading shall, within five days as of receipt of a decision, publicize the illegal misconducts of the parties concerned on the public resource trading platform according to law. 

Article 28   An industry association of public resource trading shall, under the guidance of a comprehensive supervisory agency of public resource trading, conduct activities as provided by laws, regulations and its articles of association, and strengthen self-regulation and services.   

  

Chapter VII   Legal Responsibilities 

Article 29   A project organizer who, in violation of these Measures, trades beyond or avoids trading on the public resource trading platform shall be ordered by a comprehensive supervisory agency of public resource trading to make corrections within a prescribed time limit, and concurrently imposed a fine of not less than RMB10,000 (incl. RMB10,000) but not more than RMB50,000 (not incl. RMB50,000); if such offender refuses to make corrections, a relevant administrative supervisory department shall suspend the involved project or fund appropriation according to law, and give disciplinary sanctions to the persons-in-charge directly responsible and other responsible persons according to law; if a crime is constituted, criminal liability shall be investigated according to law. 

Article 30   A project organizer who, in violation of these Measures, commits any of the following acts shall be ordered by a comprehensive supervisory agency of public resource trading to make corrections within a prescribed time limit; if such offender refuses to make corrections, a suspension of the involved trade shall be ordered: 

(1) failing to release trading information via the specified media and the public resource trading platform; or 

(2) after determining a project winner, failing to submit a written trading report to a comprehensive supervisory agency of public resource trading within the prescribed time limit. 

Article 31   A project competitor or an intermediary who violates these Measures shall be punished by a relevant administrative supervisory department according to law; if the circumstance is serious, a comprehensive supervisory agency of public resource trading shall cancel its qualification to trade on the public resource trading platform within one to three years; if the circumstance is particularly serious, its qualification to trade on the platform shall be cancelled permanently; if a crime is constituted, criminal liability shall be investigated according to law. 

Article 32   An expert participating in the project review of public resource trading who violates these Measures shall be ordered by a comprehensive supervisory agency of public resource trading to make corrections within a prescribed time limit; if the circumstance is serious, his/her qualification to participate in the project review of public resource trading shall be cancelled within one to three years; if the circumstance is particularly serious, his/her qualification for project review shall be cancelled permanently; if a crime is constituted, criminal liability shall be investigated according to law. 

Article 33   With respect to a project competitor, an intermediary or an expert of project review whose qualification to participate in the public resource trading activities is to be cancelled, a comprehensive supervisory agency of public resource trading shall announce its decision on the public resource trading platform. 

Article 34   Where a comprehensive supervisory agency of public resource trading, a relevant administrative supervisory department or the municipal service agency of public resource trading, or any of its functionaries neglects statutory duties, abuses power or engages in malpractices for personal gains during the supervision and administration of public resource trading, the persons-in-charge directly responsible and other responsible persons shall be given disciplinary sanctions according to law; if a crime is constituted, criminal liability shall be investigated according to law. 

  

Chapter VIII   Supplementary Provisions 

Article 35   These Measures shall come into force as of May 1, 2017. 

  

  

  

To: 

People’s governments at the district level, departments of the Municipal Peoples Government. 

Office of Legislative Affairs of the Provincial Peoples Government. 

General Office of the Municipal Party Committee, Wuhan Garrison Command, people’s organizations, Democratic Parties. 

General Office of the Standing Committee of the Municipal People’s Congress, General Office of CPPCC Wuhan Committee, Municipal People’s Court and Procuratorate. 

News agencies, enterprises and institutions affiliated to ministries. 

General Office of Wuhan Municipal People’s Government 

Printed and Distributed on March 28, 2017