国家重大建设项目招标投标监督暂行办法 Supervision of Invitation and Submission of Tenders for Major State Construction

th the law on tender inviting parties, organizations acting as agents for invitation of tenders, tenderers, members of the tender evaluation committee and related personnel who commit acts that violate the PRC, Invitation and Submission of Bids Law and the relevant laws and regulations discovered in the course of supervision and inspection of invitation and submission of tenders, dependent upon the severity of the violation:

　　1. A warning.

　　2. An order to rectify the matter within a stipulated period.

　　3. A fine.

　　4. Confiscation of the illegal income.

　　5. Revocation of the qualification for submission or evaluation of tenders for major State construction projects for a stipulated period.

　　6. Temporary suspension of funding for State construction or temporary suspension of examination and approval of the relevant local or departmental construction projects.

　　Article 14　Cases where it is necessary to temporarily suspend or revoke the qualification to act as an agent for invitation of tenders, to revoke a business licence, to order a suspension of business activities for reorganization, to impose administrative penalties or to pursue criminal liability in accordance with the law shall be transferred to the relevant department, local people's government or judicial authority for handling.

　　Article 15　If penalties are imposed for any type of illegal act in the course of invitation and submission of tenders for major State construction projects, these may be implemented jointly by the State Development Planning Commission and the relevant departments according to their division of responsibilities.

　　Major decisions on handling shall be approved by the State Council.

　　Article 16　Before imposing penalties, the State Development Planning Commission and the relevant departments shall notify the parties involved. If the parties involved disagree with the penalty, the State Development Planning Commission and other relevant administrative supervisory departments shall verify the penalty.

　　Where a party objects to a penalty decision, he may apply for a review in accordance with the law.

　　Article 17　The development and planning departments of the pe

ople's governments of all provinces, autonomous regions and municipalities directly under the central government may formulate local supervisory procedures for invitation and submission of tenders on the basis of these Procedures and in accordance with the PRC, Invitation and Submission of Bids Law, relevant laws and regulations, and in light of local conditions.

　　Article 18　The State Development Planning Commission shall be responsible for interpreting these Procedures.

　　Article 19　These Procedures shall be effective as of 1 February 2002

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