Recently, as per the invitation by the Ministry of Justice, Beijing Cyan Law Firm (“Cyan”) provided professional comments on The Bidding Law of the People’s Republic of China (Revised Draft Submitted for Review) (The Bidding Law (Revised Draft Submitted for Review)”) submitted by the National Development and Reform Commission to the State Council for deliberation.

After receiving the request letter for comments from the Ministry of Justice, Cyan immediately set up a special working team, which was composed of senior partners and counsels specialized in construction practice. After prudent examination of The Bidding Law (Revised Draft Submitted for Review) and its related documents, the team members contributed their broad valuable experience in relevant practice, and developed a professional opinion letter, which has been submitted to the Ministry of Justice for consideration.

Cyan submitted a total of 30 comments to the Ministry of Justice, and each of the comments was accompanied with amendment suggestions and detailed reasons. Cyan’s comments mainly cover the following aspects:

  1. To further improve the accuracy of the wording for the scope of projects that are subject to bid;
  2. To further clarify the application scope of certain provisions to ensure the transparency, fairness, and impartiality of bidding activities;
  3. In order to align with The Civil Code, The Construction Law, and other laws and regulations, it is suggested to coordinate the relevant articles accordingly;
  4. In order to enhance the guiding function of The Bidding Law, it is suggested to clarify the responsible departments thereof;
  5. Put forward suggestions on certain procedural rules based on practical experience, so as to further improve the enforceability of The Bidding Law;
  6. Put forward suggestions on certain wordings, provision structure, and so forth.

Members of Cyan special working group:

  • Wanhe Ye (Managing Partner, National First-grade Registered Constructing Engineer and Building Economist Qualification, Member of the Royal Institution of Chartered Surveyors (MRICS), Arbitrator of CIETAC);
  • Yinli Gao (Senior Consultant, Professor Level Senior Engineer, Class One Registered Structural Engineer Qualification, Arbitrator of CIETAC/ BAC);
  • Zachary Zhang (Counsel, Juris Master)
  • Christina Wang (Counsel, Juris Master)
  • Jianchao Gao (Counsel, Master of Laws)

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