Editor: Jiangsu Yunya Law Firm PPP Law Research Center
Writer: Chen Zhaoli, Partner of Jiangsu Yunya Law Firm
[Editor's note] Government and social capital cooperation (PPP) involve complicated legal policies. In order to facilitate a comprehensive understanding of the relevant provisions of the PPP model, we have compiled and compiled nearly 150 PPP main legal policies as of December 31, 2017. For easy reference, for reference. If there are any omissions, please leave a message to add.
table of Contents
Law 1
Budget Law of the People's Republic of China (amended in 2014) 1
Government Procurement Law of the People's Republic of China (2014 Revision) 17
Tendering and Bidding Law of the People's Republic of China (amended in 2017) 27
Administrative regulations 37
Implementation Regulations of the Bidding and Tendering Law
Implementation Regulations of the People's Republic of China Government Procurement Law
State Council regulatory documents 62
Guidance of the General Office of the State Council on the government's purchase of services from social forces 62
Guiding Opinions of the General Office of the State Council on Strengthening the Management of Urban Underground Pipelines 66
State Council's Opinions on Strengthening Local Government Debt Management 71
Decision of the State Council on Deepening the Reform of the Budget Management System
Guiding Opinions of the State Council on Encouraging Social Investment in Investment and Financing Mechanisms in Key Innovation Areas 82
Opinions of the State Council on the implementation of medium-term financial planning management 88
The General Office of the State Council forwarded the notice of the Ministry of Culture and other departments on the government's work on purchasing public cultural services from the social forces.
The General Office of the State Council forwarded the notice of the Ministry of Finance, the People's Bank of China, the China Banking Regulatory Commission on the proper settlement of the follow-up financing of the projects under construction of local government financing platforms.
The General Office of the State Council forwarded the notice of the Ministry of Finance Development and Reform Commission of the People's Bank of China on promoting the guidance of the government and social capital cooperation model in the public domain.
Guiding Opinions of the General Office of the State Council on Promoting the Construction of Urban Underground Integrated Pipe Gallery 105
Notice of the State Council on Adjusting and Improving the Capital System of Fixed Asset Investment Projects 109
State Council's Opinions on the Development of a Mixed Ownership Economy by State-Owned Enterprises 111
Guiding Opinions of the General Office of the State Council on Promoting the Construction of Sponge City 117
Several Opinions of the State Council on Deepening the Construction of New Urbanization 120
Outline of the Thirteenth Five-Year Plan for National Economic and Social Development of the People's Republic of China (Excerpt) 128
Notice of the General Office of the State Council on Establishing a Leading Group for Government Purchase Service Reform Work 135
Opinions of the Central Committee of the Communist Party of China and the State Council on Deepening the Reform of Investment and Financing System 137
Guiding Opinions of the State Council on Strengthening the Construction of Government Credits 142
Several Opinions of the General Office of the State Council on Promoting the Reform and Innovation of Development Zones 146
Notice of the State Council on Printing and Distributing the "13th Five-Year Plan" to Promote Equalization of Basic Public Services (Excerpt) 152
Notice of the State Council on Printing and Distributing the Development Plan for the "13th Five-Year Plan" Modern Integrated Transportation System (Excerpt) 156
Opinions of the General Office of the State Council on Further Inspiring Investment in the Social Sector 158
Circular of the General Office of the State Council on commending and stimulating the implementation of the relevant major policy measures in 2016
Guiding Opinions of the General Office of the State Council on Further Stimulating the Effectiveness of Private Investment in Investment to Promote Sustainable and Healthy Economic Development 171
Departmental Regulations 174
Municipal Public Utilities Franchise Management Measures (Revised in 2015) 174
Administrative Measures for Government Procurement Non-Tendering Procurement Methods 178
Infrastructure and Utilities Franchise Management Measures 190
Administrative Measures for Bidding and Bidding of Government Procurement of Goods and Services 197
Ministry of Finance Normative Documents 212
Notice of the Ministry of Finance on Promoting the Use of Government and Social Capital Cooperation Models 212
Notice of the Ministry of Finance on Issues Concerning the Implementation of Government and Social Capital Cooperation Demonstration Projects 216
Notice of the Ministry of Finance on Printing and Distributing the Operational Guidelines for Government and Social Capital Cooperation Models (Trial) 220
Notice of the Ministry of Finance and the Ministry of Civil Affairs of the State Administration for Industry and Commerce on Printing and Distributing the Measures for the Administration of Government Purchase of Services (Provisional) 231
Notice of the Ministry of Finance on Regulating the Administration of Government and Social Capital Cooperation Contracts 237
Notice of the Ministry of Finance on Printing and Distributing the Interim Measures for the Administration of Procurement Management Methods for Competitive Procurement of Government Procurement 308
Supplementary Notice of the Ministry of Finance on the Relevant Issues Concerning the Interim Measures for the Administration of Procurement of Competitive Procurement in Government Procurement
Notice of the Ministry of Finance on Printing and Distributing the Administrative Measures for Government Procurement of Government and Social Capital Cooperation Projects 316
Notice of the Ministry of Finance and the Ministry of Housing and Urban-Rural Development on the Promotion of Government and Social Capital Cooperation Projects in the Municipal Public Sector 321
Notice of the Ministry of Finance on Printing and Distributing the Guidelines for the Demonstration of Financial Affordability of Government and Social Capital Cooperation Projects 324
Ministry of Finance Ministry of Environmental Protection's implementation opinions on promoting government and social capital cooperation in the field of water pollution prevention and control 330
Ministry of Finance Ministry of Transport's implementation of the government and social capital cooperation model in the field of toll roads 334
Notice of the 6 ministries and commissions of the Ministry of Finance on the use of government and social capital cooperation models to promote the construction and operation management of public rental housing 336
Notice of the Ministry of Finance and the Ministry of Housing and Urban-Rural Development on Printing and Distributing the Interim Measures for the Administration of Special Funds for Urban Pipe Network 341
Notice of the Ministry of Finance on Further Doing a Good Demonstration of Government and Social Capital Cooperation Projects 343
Notice of the Ministry of Finance on the publication of the second batch of government and social capital cooperation demonstration projects 346
Notice of the Ministry of Finance on Printing and Distributing the Interim Administrative Measures for Government Investment Funds 348
Notice of the Ministry of Finance on Implementing the Government and Social Capital Cooperation Projects with the Award Subsidy Policy 353
Notice of the Ministry of Finance on Regulating the Operation of the Government and Social Capital Cooperation (PPP) Integrated Information Platform 356
Notice of the Ministry of Finance on Printing and Distributing the Guidelines for the Evaluation of PPP Value for Money (Trial) 361
Guiding Opinions of the Ministry of Finance on Financial Investment Funding for Government Investment Funds to Support Industry Development 367
Ministry of Finance Ministry of Transport's guidance on promoting government procurement services in the transportation sector 371
Notice of the 20 ministries and commissions of the Ministry of Finance on organizing the third batch of government and social capital cooperation demonstration projects to report and screen 378
Notice of the Ministry of Finance on Printing and Distributing the Interim Measures for the Financial Management of Government and Social Capital Cooperation Projects 383
Notice of the Ministry of Finance on Deepening the Cooperation between Government and Social Capital in the Field of Public Service 389
20 ministries and commissions including the Ministry of Finance announced the announcement of the third batch of government and social capital cooperation demonstration projects to accelerate the construction of demonstration projects.
Guiding Opinions of the Ministry of Finance on Further Strengthening Government Procurement Requirements and Performance Acceptance Management 394
Ministry of Finance Central Committee's opinion on doing a good job in reforming the government's purchase of services by public institutions 397
Ministry of Finance, Ministry of Civil Affairs, on the guidance of government procurement services to support the development of social organizations 401
Notice of the Ministry of Finance on Printing and Distributing the Measures for the Administration of the Government and Social Capital Cooperation (PPP) Expert Bank of the Ministry of Finance 405
Notice of the Ministry of Finance on Printing and Distributing the Interim Measures for the Administration of Information Disclosure of the Comprehensive Information Platform for Government and Social Capital Cooperation (PPP)
Notice of the Ministry of Finance on Printing and Distributing the Interim Measures for the Administration of the Government and Social Capital Cooperation (PPP) Advisory Institutions 417
Notice of the Ministry of Finance on Printing and Distributing the Interim Measures for the Administration of the Allocation of New Local Government Debt Limits 420
Notice of the Ministry of Finance on Further Doing a Good Job in Government Procurement Information Disclosure 423
Notice of the 6 ministries and commissions of the Ministry of Finance on further regulating the behavior of local government debt financing 425
Notice of the Ministry of Finance on Resolutely Stopping Locally Infringement of Financing in the Name of Government Purchase Service 428
Ministry of Finance Ministry of Agriculture's implementation of the government's and social capital cooperation in the field of agriculture 430
Ministry of Finance, Ministry of Housing and Urban-Rural Development, Ministry of Agriculture, Ministry of Environmental Protection, Notice on the Full Implementation of PPP Model for Wastewater and Waste Treatment Projects Participated by the Government 434
Notice of the 18 ministries and commissions of the Ministry of Finance on organizing the screening and screening of the fourth batch of government and social capital cooperation demonstration projects 437
Ministry of Finance Ministry of Civil Affairs Human Resources and Social Security Department's implementation of the government and social capital cooperation model to support the development of the aged care industry 440
Notice of the Ministry of Finance on Issues Concerning the Operation and Management of the Government's Purchase of Service Information Platforms 444
Notice of the General Office of the Ministry of Finance on Regulating the Management of the Government and Social Capital Cooperation (PPP) Integrated Information Platform Project Library 446
Ministry of Finance's guidance on state-owned capital to increase investment in public welfare industries 449
National Development and Reform Commission normative documents 451
Notice of the National Development and Reform Commission on the promotion of social investment projects in the areas of the first batch of infrastructure 451
Notice of the 10 departments of the National Development and Reform Commission on accelerating the construction of health and old-age service projects 453
National Development and Reform Commission guidance on government and social capital cooperation 457
Notice of the National Development and Reform Commission of the National Development Bank on Promoting Development Finance Support for Government and Social Capital Cooperation 482
National Development and Reform Commission, Ministry of Finance, Ministry of Water Resources, Implementation Opinions on Encouraging and Guiding Social Capital to Participate in the Construction and Operation of Major Water Conservancy Projects 484
Notice of the General Office of the National Development and Reform Commission on Giving Full Play to the Function of Corporate Bond Financing to Support the Construction of Key Projects to Promote Steady and Rapid Development of the Economy 489
Notice of the National Development and Reform Commission on Doing a Good Job in the Implementation of the Measures for the Administration of Franchising of Infrastructure and Public Utilities 491
Implementation comments of five ministries and commissions including the National Development and Reform Commission on further encouraging and expanding social capital investment in railway construction 493
National Development and Reform Commission, Ministry of Finance and other 7 ministries and commissions on the guidance of strengthening the construction of urban parking facilities 498
Notice of the General Office of the National Development and Reform Commission on Printing and Distributing the Interim Measures for the Administration of Special Supplementary Funds for the Preliminary Work of Government and Social Capital Cooperation Projects 501
Guiding Opinions of the Ministry of Housing and Urban-Rural Development on the Implementation of the System of Paid Use of Urban Underground Integrated Pipelines by the Ministry of Housing and Urban-Rural Development 504
National Development and Reform Commission Ministry of Housing and Urban-Rural Development Ministry of Transport's guidance on further improving the charging policy for motor vehicle parking services 507
Notice of the National Development and Reform Commission on Doing a Good Job in the Demonstration of Social Capital Investment Railway Projects 510
Notice of the National Development and Reform Commission on Doing a Good Job in Government and Social Capital Cooperation in the Traditional Infrastructure Sector 512
Notice of the General Office of the National Development and Reform Commission on the Approval of the Newly Established Government and Social Capital Cooperation Projects of the National Expressway Network 517
Notice of the Ministry of Housing and Urban-Rural Development of the Ministry of Housing and Urban-Rural Development on the Innovation of Government and Social Capital Cooperation (PPP) in Major Municipal Engineering Fields 518
Guiding Opinions of the National Development and Reform Commission on Accelerating the Construction of Beautiful and Small Towns (City) 520
Notice of the National Development and Reform Commission on Printing and Distributing the Guidelines for the Implementation of the Government and Social Capital Cooperation Projects in the Traditional Infrastructure Sector 525
Guiding Opinions of the National Development and Reform Commission and the State Forestry Administration on Promoting Forestry Construction by Using the Model of Government and Social Capital Cooperation 531
National Development and Reform Commission, Ministry of Agriculture, Guidance on Promoting Government and Social Capital Cooperation in Agriculture 535
Notice of the National Development and Reform Commission and other departments on the implementation of the “Thousands of Enterprises and Thousand Towns Project” to promote the construction of beautiful small towns
Notice of the National Development and Reform Commission of the China Securities Regulatory Commission on Promoting Asset Securitization of Government and Social Capital Cooperation (PPP) Projects in the Traditional Infrastructure Sector 543
General Office of the National Development and Reform Commission Notice of the General Office of the Ministry of Transport on the preliminary work of the government and social capital cooperation projects for toll roads 546
National Development and Reform Commission National Development Bank on development finance support characteristics of small (city) town construction to promote poverty alleviation and opinions 548
Notice of the Ministry of Housing and Urban-Rural Development on Further Improving Government and Social Capital Cooperation (PPP) Innovation in Major Municipal Engineering Sectors 551
Notice of the General Office of the National Development and Reform Commission on Printing and Distributing the Guidelines for the Issuance of Special Bonds for Government and Social Capital Cooperation (PPP) Projects 553
Notice of the National Development and Reform Commission on Accelerating the Use of the PPP Model to Revitalize Infrastructure Assets 556
Office of the National Development and Reform Commission Notice of the General Office of the Ministry of Agriculture on Printing and Distributing the First Pilot Projects of Government and Social Capital Cooperation in the Agricultural Sector 559
National Development and Reform Commission guidance on encouraging private capital participation in government and social capital cooperation (PPP) projects 561
Several opinions of the 4 ministries and commissions of the National Development and Reform Commission on standardizing the promotion of the construction of characteristic towns and characteristic small towns 565
Notice of the Ministry of Water Resources of the National Development and Reform Commission on Printing and Distributing the "Guidelines for the Operation of Major Water Conservancy Projects for Government and Social Capital Cooperation and Construction (Trial)"
Other ministries normative documents 576
National Energy Administration's guidance on encouraging social capital to invest in hydropower stations 576
Circular of the State Administration of Taxation on Forwarding the Notice of the Ministry of Finance on Printing and Distributing the Administrative Measures for Government Procurement of Government and Social Capital Cooperation Projects 580
Guiding Opinions of the Ministry of Transport on Deepening the Reform of Investment and Financing of Transportation Infrastructure 581
China Banking Regulatory Commission, National Development and Reform Commission, guidance on major projects in key areas of banking support 586
Notice of the Ministry of Water Resources on Printing and Distributing the Guiding Opinions on Promoting the Construction of Water Resources in Sponge City 590
Notice of 11 ministries and commissions such as the Ministry of Agriculture on actively developing various functions of agriculture and promoting the development of leisure agriculture 595
Ministry of Housing and Urban-Rural Development Notice of the National Development Bank on Promoting Development Finance to Support Sponge City Construction 599
Ministry of Housing and Urban-Rural Development Notice of China Agricultural Development Bank on Promoting Policy-Based Financial Support for Sponge City Construction 602
People's Bank of China, Ministry of Civil Affairs, China Banking Regulatory Commission, China Securities Regulatory Commission, China Insurance Regulatory Commission, guidance on the accelerated development of financial support for the aged care service industry 604
Ministry of Housing and Urban-Rural Development Energy Bureau's opinion on promoting the integration of power pipelines into urban underground integrated pipe corridors 609
Notice of the Ministry of Housing and Urban-Rural Development on Improving Urban Drainage and Flood Control Capacity and Promoting the Construction of Urban Underground Integrated Pipe Gallery 611
Ministry of Housing and Urban-Rural Development Notice of China Agricultural Development Bank on Promoting Policy-Based Financial Support for Small Town Construction 613
Notice of the Shanghai Stock Exchange on Promoting Asset Securitization of Government and Social Capital Cooperation (PPP) Projects in the Traditional Infrastructure Sector 615
Notice of the Shenzhen Stock Exchange on Promoting Asset Securitization of Government and Social Capital Cooperation (PPP) Projects in the Traditional Infrastructure Sector 616
Notice of China Securities Investment Fund Industry Association on the Recording of Specialized Personnel for PPP Project Asset Securitization Products 617
Several opinions of the 6 departments of the Ministry of Transport on promoting the development of transportation and tourism integration 618
Guiding Opinions of the Ministry of Housing and Urban-Rural Development on Strengthening Urban Restoration of Ecological Restoration 623
Notice of the China Insurance Regulatory Commission on matters relating to insurance funds investment in government and social capital cooperation projects 628
Ministry of Housing and Urban-Rural Development Notice of the National Development and Reform Commission on Printing and Distributing the 13th Five-Year Plan for Urban Municipal Infrastructure Construction in China (Excerpt) 630
Office of the Ministry of Agriculture National Agricultural Comprehensive Development Office on promoting agricultural production
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