Income Group | Upper middle income |
Economy Score |
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Question | PPPs |
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Does the regulatory framework allow procuring PPPs? | Yes |
If yes, please specify the relevant regulatory framework and the year of adoption: | There have been PPP practice in China since 1980s, featuring BOTs, concessions and other cooperation forms between local... More |
and provide a link to a government–supported website where the mentioned regulatory framework is available or provide an electronic copy of it: | China Public Private Partnership Center, "China PPP Center", "Policies" section: http://www.cpppc.org/en/Policies/index.... More |
Are you aware of any reforms (in the regulatory frameworks – laws, regulations, policies, etc.- or in generally followed practices) related to PPPs that: Took place in 2016, are ongoing and/or are planned to be adopted BEFORE June 1, 2017? | Yes |
Please describe: | The following legal measures have been enforced after 2016 and before 2017 June 1st: (i) Circular on Issuing the Interim... More |
Are ongoing and/or are planned to be adopted AFTER June 1, 2017? | Yes |
Please describe: | According to Notice of the General Office of the State Council on Issuing the 2017 Legislative Work Plan for the State C... More |
Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Transportation. | No |
If yes, please provide the relevant legal/regulatory provisions: | n/a |
Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Water and Irrigation | No |
If yes, please provide the relevant legal/regulatory provisions: | n/a |
Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Energy generation and distribution. | No |
If yes, please provide the relevant legal/regulatory provisions: | n/a |
Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Telecom | No |
If yes, please provide the relevant legal/regulatory provisions: | n/a |
Besides national defense and other matters of national security, does the regulatory framework explicitly prohibit or restrict PPPs in any of the following sectors?: Other | No |
If yes, specify and provide the relevant legal/regulatory provisions: | n/a |
Does the regulatory framework provide for a specific tax regime for PPP transactions (i.e. tax incentives, special tax depreciation treatment, etc.)? | Yes |
If yes, please specify and provide the relevant legal/regulatory provision (if any): | According to Article 1 in the Supplementary Notice of the Ministry of Finance and the State Administration of Taxation o... More |
Please identify the PPP procuring authorities in [country_name] and provide their website(s) (if available): | Pursuant to Article 16 of the Government Procurement Law, the central government and local governments may designate the... More |
In addition to the PPP procuring authorities listed above, is there a specialized government entity that facilitates the PPP program (PPP Unit)? | Yes |
If yes, please indicate its name, and its website (if available): | At the central level, the Ministry of Finance ("MOF") has established a Government and private operators Cooperation Cen... More |
If yes, what are the main responsibilities of the PPP Unit (check all that apply): PPP regulation and policy guidance. | Yes |
PPP capacity building for other public authorities. | Yes |
PPP promotion among the public and/or private sectors in national and international forums. | Yes |
Technical support in implementing PPP projects. | Yes |
Identification and selection of PPP projects from the pipeline. | No |
Revision of fiscal risks born by the Government. | No |
Consultation with affected communities on potential impact of PPP projects. | No |
Approval of PPP projects. | No |
Undertaking the procurement of PPPs. | No |
Oversight of PPP implementation. | Yes |
Other | Yes |
please specify: | (I) collecting and sorting PPP-related theories and case studies at home and abroad, and studying PPP practices, such as... More |
Please provide the relevant legal/regulatory provisions: | According to CPPPC website, the China Public Private Partnerships Center ("CPPPC") is mainly responsible for the policy ... More |
Question | PPPs |
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Does the Ministry of Finance or Central Budgetary Authority approve the PPP project before launching the procurement process? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to Article 7A of C2016/92, finance department shall, together with the competent department of the relevant in... More |
Does the Ministry of Finance or Central Budgetary Authority approve the PPP project before signing the PPP contract? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Does the Ministry of Finance (or government more broadly) have a specific system of: Budgeting for PPP projects. | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 18 of 2016/92: According to budget management requirements, a competent department of industry shall include cro... More |
Accounting liabilities (explicit and implicit, direct and contingent) arising from PPPs. | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Chapter V of 2016/92 contains provisions on PPP asset management and evaluations. Also, new laws on details of accountin... More |
Reporting liabilities (explicit and implicit, direct and contingent) arising from PPPs. | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 29 of 2016/92: The finance departments at all levels shall, together with relevant departments, consolidate the ... More |
If yes to question 8.2, which of the following alternatives best describes the regulation?: Accounting and reporting according to International Public Sector Accounting Standards (IPSAS). | No |
Accounting and reporting according to other international standard (e.g. European System of Accounts). | No |
Please specify: | n/a |
Other. | Yes |
Please specify: | No regulatory basis |
Besides the procuring authority and the Ministry of Finance or Central Budgetary Authority, does any other authority(s) approve the PPP project before launching the procurement process (e.g. Cabinet, Cabinet Committee, Parliament, Supreme Audit Office, et | Yes |
If yes, please specify the relevant authority | Departments at regional government |
and provide the relevant legal/regulatory provisions (if any): | Article 7 of 2016/92 requires that a finance department shall, together with the department of the relevant industry, j... More |
Besides the procuring authority and the Ministry of Finance or Central Budgetary Authority, does any other authority(s) approve the PPP project before signing the PPP contract? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | PPP Guidelines 2014, Article 21 - After the negotiation, the procuring entity should sign a negotiation memorandum with ... More |
Does the procuring authority use transaction advisors during the PPP project cycle? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 2 of 2017/8: For the purpose of the Measures, PPP consulting agency database (hereinafter referred to as the "ag... More |
In a case comparable to the case study assumptions, please select the option that best describes the way your government integrates the prioritization of PPP projects with other public investment project prioritization? (e.g. in the context of a national | No |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | n/a |
The regulatory framework prescribes the need for PPPs to be consistent with all other investment priorities without establishing a specific procedure to achieve that goal. | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
The regulatory framework does not include any provisions but the procuring authority evaluates the consistency of PPPs with other government investment priorities in practice. | Yes |
If yes, please elaborate: | The procuring authority evaluates the consistency of PPPs with other government investment priorities in practice. |
The procuring authority does not evaluate PPPs against existing government priorities. | No |
Please elaborate and provide examples: | n/a |
Based on your experience, is it always the case that this prioritization is done in practice in accordance with the provisions of the regulatory framework described above? | No |
If yes, please specify: | n/a |
If no, please elaborate: | Prioritization of PPP projects is done on a case to case basis. |
Which of the following assessments are conducted when identifying and preparing a PPP in order to inform the decision to proceed with it? (check all that apply): Socio-economic analysis (cost-benefit analysis of the socio-economic impact of the PPP projec | Yes |
Relevant legal/regulatory provision (if any) | Article 14 of the Guiding Opinions of the MOF, NDRC and the People's Bank on Promoting PPP in Public Service requires to... More |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | Yes |
Details: | Contributors indicate that socio-economic assessment is done in practice. |
Affordability assessment, including the identification of the required long term public commitments (explicit and implicit, direct and contingent liabilities) | Yes |
Relevant legal/regulatory provision (if any) | Pursuant to Article 3(6) of the MOF Guiding Opinions, a long term budget plan is required to make sure of the affordabil... More |
Is there a specific methodology for the assessment? | Yes |
If yes, please elaborate | The Affordability Assessment Guidance sets out four categories of government's financial responsibility: Equity investme... More |
Is the assessment done in practice? | Yes |
Details: | The government conducts affordability assessment of projects before procurement. |
Risk identification, allocation and assessment (risk matrix) | Yes |
Relevant legal/regulatory provision (if any) | Notice 2014 , Article 11(2) : In accordance with risk allocation optimization, and other risks and benefits of risk cont... More |
Is there a specific methodology for the assessment? | Yes |
If yes, please elaborate | Notice 2014 , Article 11(2) : In accordance with risk allocation optimization, and other risks and benefits of risk cont... More |
Is the assessment done in practice? | Yes |
Details: | Risks are in practice identified and allocated for PPP projects. |
Comparative assessment to evaluate whether a PPP is the best option when compared to other procurement alternatives (i.e. value for money analysis, public sector comparator) | Yes |
Relevant legal/regulatory provision (if any) | PPP Guidelines, Article 8 : PPP center should evaluate the project's quantitative and qualitative aspects. Within the qu... More |
Is there a specific methodology for the assessment? | Yes |
If yes, please elaborate | "PPP Value For Money Assessment Guidelines" gives specific details on the process to evaluate VfM. The first step is pre... More |
Is the assessment done in practice? | Yes |
Details: | Comparative assessment is done through a Value for money analysis. |
Financial viability or bankability assessment | Yes |
Relevant legal/regulatory provision (if any) | Article 3(2) of the MOF Guiding Opinions provides that risk allocation, KPI, payment, financing arrangement and financia... More |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | Yes |
Details: | Financial viability of PPP projects is assessed in practice. |
Market sounding and/or assessment (showing evidence of investors’ interest in the market for the project) | No |
Relevant legal/regulatory provision (if any) | n/a |
Is there a specific methodology for the assessment? | n/a |
If yes, please elaborate | n/a |
Is the assessment done in practice? | n/a |
Details: | n/a |
Environmental impact assessment | Yes |
Relevant legal/regulatory provision (if any) | Pursuant to Guiding Opinions of the National Development and Reform Commission on Carrying out Public-Private-Partnershi... More |
Is there a specific methodology for the assessment? | No |
If yes, please elaborate | n/a |
Is the assessment done in practice? | No |
Details: | The majority of the contributors did not confirm that envrionemtnal impact assessment of PPP projects is done in practic... More |
Consultation process with affected communities on potential impact of the PPP project | No |
Relevant legal/regulatory provision (if any) | n/a |
Is there a specific methodology for the assessment? | n/a |
If yes, please elaborate | n/a |
Is the assessment done in practice? | n/a |
Details: | n/a |
Does the procuring authority include the assessments (indicated in Question 12 above) in the request for proposals and/or tender documents (for example, as part of an Information Memorandum to the bidders)? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
and specify which of the assessments are included in the request for proposals and/or tender documents: | n/a |
Are the assessments published online? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to Article 5 in 2017/1, The PPP project information must be disclosed during the project identification phase i... More |
specify the website | http://www.cpppc.org |
please specify which of the assessments are published online: | Social-economic analysis; affordability assessment; risk matrix; comparative assessment; financial viability; environmen... More |
Does the procuring authority include a draft PPP contract in the request for proposals? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to Article 15 of the PPP Guidelines, a draft of the PPP contract shall be included in the request for proposals... More |
If no, please elaborate | n/a |
Are the tender documents published online? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to Article 7(2) in 2017/1, the disclosure of information in the procurement process shall comply with the provi... More |
and please specify the website: | http://www.cpppc.org/ |
In a case comparable to the case study assumptions, have standardized PPP model contracts and/or transaction documents been developed? | No |
If yes, please specify and provide a government- supported website where the mentioned standards are available or provide an electronic copy of them: | n/a |
In a case comparable to the case study assumptions, who is the responsible party for each of the following requirements? Obtaining the required urban permits: Procuring authority (or other Government entity) | No |
Private Partner | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | Yes |
To be established in the contract | No |
Relevant legal/regulatory provision (if any) | According to the Contract Guideline for PPP Projects (for trial implementation) issued by the Ministry of Finance, (i) i... More |
Obtaining the required environmental permits: Procuring authority (or other Government entity) | No |
Private Partner | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No |
To be established in the contract | Yes |
Relevant legal/regulatory provision (if any) | According to the Contract Guideline for PPP Projects (for trial implementation) issued by the Ministry of Finance, (i) i... More |
Obtaining the required operational permits: Procuring authority (or other Government entity) | No |
Private Partner | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | No |
To be established in the contract | Yes |
Relevant legal/regulatory provision (if any) | According to the Contract Guideline for PPP Projects (for trial implementation) issued by the Ministry of Finance, (i) i... More |
Obtaining the required land: Procuring authority (or other Government entity) | No |
Private Partner | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | Yes |
To be established in the contract | No |
Relevant legal/regulatory provision (if any) | For permits related to land, Article 22 of Measures for the Administration of Concession for Infrastructure and Public ... More |
Obtaining the required right of way: Procuring authority (or other Government entity) | No |
Private Partner | No |
Private partner with facilitation role assigned to the procuring authority (or other Government entity) | Yes |
To be established in the contract | No |
Relevant legal/regulatory provision (if any) | Pursuant to Article 3 of Measures for Land Registration, when an investor intends to get the right of way, it shall obta... More |
Question | PPPs |
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Which of the following options best describes the required qualifications of the bid evaluation committee members? (Please select only one): The membership of the bid evaluation committee is specified and/or its members are required to meet detailed quali | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to Article 7 of C2016/92, the project implementation bodies and the procurement agencies shall establish a revi... More |
The bid evaluation committee members require sufficient qualification without specific details. | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
The bid evaluation committee members are not required to have any specific qualifications. | No |
Please elaborate and provide examples: | n/a |
Does the procuring authority issue a public procurement notice of the PPP project? | Yes |
If yes, please specify the means of publication and provide the relevant legal/regulatory provisions (if any): | PPP guidelines Article 14, 17 : a procurement notice should be published on a special media designated by the government... More |
If yes, is the public procurement notice published online? | Yes |
If yes, please specify the website: | http://www.ccgp.gov.cn/ |
Are foreign companies prohibited from participating in the bidding process? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
In a case comparable to the case study assumptions, does the procuring authority grant the potential bidders a minimum period of time to submit their bids? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | If the procurement of the PPP project is made by way of public call for bids, the minimum period of time is 20 days (see... More |
and the time in calendar days: | 21 |
Open tendering: Available | No |
Default | No |
Relevant legal/regulatory provision (if any) | n/a |
Restricted tendering (with pre-qualification stage): Available | Yes |
Default | No |
Relevant legal/regulatory provision (if any) | Article 5 of PPP Procurement 2014 and Article 13 of Notice 2014 provide that the procuring authority should prepare preq... More |
Multi-stage tendering (with shortlisting of final candidate(s)): Available | Yes |
Default | No |
Relevant legal/regulatory provision (if any) | Pursuant to Article 4 of PPP Procurement 2014, the methods for Procurement under PPP Projects include open tendering, in... More |
Competitive dialogue: Available | Yes |
Default | No |
Relevant legal/regulatory provision (if any) | Pursuant to Article 4 of PPP Procurement 2014, the methods for procurement under PPP Projects include, interalia, compet... More |
Direct negotiation with more than one candidate: Available | Yes |
Default | No |
Relevant legal/regulatory provision (if any) | Pursuant to Article 4 of PPP Procurement 2014, the methods for Procurement under PPP Projects include, interalia, compet... More |
Direct negotiation with only one candidate: Available | Yes |
Default | No |
Relevant legal/regulatory provision (if any) | Pursuant to Article 4 of PPP Procurement 2014, the methods for Procurement under PPP Projects include, interalia, compet... More |
Other. Specify: | Invited Tendering |
Available | Yes |
Default | No |
Relevant legal/regulatory provision (if any) | Pursuant to Article 4 of PPP Procurement 2014, the methods for Procurement under PPP Projects include, interalia, invite... More |
Do the tender documents detail the procedure of the procurement process providing the same information to all the bidders? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 9 of PPP Procurement 2014: contents of the procurement documents include the procurement methods and procedures. |
If no, please elaborate: | n/a |
Do the tender documents specify the prequalification/shortlisting criteria (when applicable) in order to make them available to all the bidders? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | PPP Procurement 2014, Article 6 : prequalification shall be published on the special media. Prequalification notice shal... More |
Based on your experience, is it always the case that the specified criteria are respected in practice? | Yes |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | All contributors confirm that prequalification/shortlisting criteria are specified in the tender documents and available... More |
If no, please elaborate: | n/a |
Can interested parties/potential bidders submit questions to clarify the public procurement notice and/or the request for proposals? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Government Procurement Law, Article 51 - Where any provider has doubt about anything concerning a government procurement... More |
If yes, notwithstanding confidential information pertaining to the bidders, does the procuring authority disclose those questions and clarifications to all potential bidders? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 20 of the Implementation Rules for Government Procurement Law provides that a procuring authority shall not prov... More |
Based on your experience, is it always the case that this disclosure of information is done in practice? | Yes |
If yes, please specify: | All of the contributors confirmed that answers to the questions and clarifications to all potential bidders is done in p... More |
If no, please elaborate: | n/a |
Besides questions and clarifications, can the procuring authority conduct pre-bidding conference? | Yes |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | Pursuant to Article 11 of the PPP Procurement 2014, a project implementing organization shall organize corporate partner... More |
If yes, notwithstanding confidential information pertaining to the bidders, does the procuring authority disclose the content and the results of the pre-bid conference to all bidders? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
Based on your experience, is it always the case that this disclosure of information is done in practice? | Yes |
If yes, please specify: | All the contributors confirmed that the disclosure of information is done in practice. |
If no, please elaborate: | n/a |
In a case comparable to the case study assumptions, does the procuring authority require the bidders to prepare and present a financial model with their proposals? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
If no, please elaborate: | This issue is not regulated in the regulatory framework. However, a financial model may be required if a PPP project req... More |
Does the procuring authority evaluate the proposals strictly and solely in accordance with the evaluation criteria stated in the tender documents? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | PPP Procurement 2014, Article 12 - The evaluation group should conduct pre - qualification inquiries and independent eva... More |
Evaluation criteria is not set in the tender documents | No |
In the case where only one proposal is submitted (sole proposals), which of the following options best describes the way the procuring authority deals with them? (Please select only one)?: The procuring authority follows a specific procedure before awardi | Yes |
Please specify and provide the relevant legal/regulatory provisions (if any): | Notice 2014 , Article 13 - In the case where no more than 3 proposals are submitted, procurement methods can be adjuste... More |
The procuring authority considers sole proposals valid as long as they meet the conditions outlined in the tender documents. | No |
Please provide the relevant legal/regulatory provisions (if any): | n/a |
The procuring authority does not award a PPP contract if only one proposal is submitted. | No |
Please provide the relevant legal/regulatory provisions (if any): | n/a |
The regulatory framework does not include any provisions. | No |
Does the procuring authority publish the award notice? | Yes |
If yes, please specify the means of publication and provide the relevant legal/regulatory provisions (if any): | Articles 17 and 18 of PPP Procurement 2014 and Article 21 of Notice 2014 require an award notice to be published via a ... More |
If yes, is the public procurement award notice published online? | Yes |
If yes, please specify the website: | http://www.ccgp.gov.cn/ |
Does the procuring authority provide all the bidders with the result of the PPP procurement process? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to Article 45 of the Bidding Law, after the determination of the bid winner, the tenderee shall issue a bid win... More |
If no, please elaborate: | n/a |
If yes, does the notification of the result of the PPP procurement process include the grounds for the selection of the winning bid? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Is there a standstill (or pause) period after the contract award and before the signing of the contract in order to allow unsuccessful bidders to challenge the award decision? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Articles 17 to 19 of the PPP Procurement 2014 provide that (i) within 10 business days of the award being determined, th... More |
and the time in calendar days: | 10 |
Is the standstill period set out in the notice of intention to award? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Does the regulatory framework restrict negotiations with the selected bidder between the award and the signature of the PPP contract in order to prevent an unfair disadvantage to the other bidders? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | PPP Procurement 2014, Articles 14, 15 and 16; Articles 20 and 21 of the Notice 2014 - There is a round of confirmatory... More |
Based on your experience, is it always the case that this restriction is respected in practice? | Yes |
If yes, please specify: | Most of the contributors' experience shows that the restriction on the negotiations between the government and the selec... More |
If no, please elaborate: | n/a |
Does the procuring authority publish the PPP contract? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to Article 20 of PPP Procurement 2014, the project implementation body shall publicize the PPP project contract... More |
If yes, which of the following options best describes this publication (choose only one)?: Publication of the full PPP contract including all its annexes and appendixes | Yes |
Publication of the full PPP contract without including all its annexes and appendixes | No |
Publication of a summary of the PPP contract without publishing the full PPP contract | No |
Publication of a summary of the PPP contract along with the full PPP contract including all its annexes and appendixes | No |
Publication of a summary of the PPP contract along with the full PPP contract without including all its annexes and appendixes | No |
If yes, is it published online? | Yes |
If yes, please specify the website: | http://www.cpppc.org/ |
If yes, does the procuring authority also publish any subsequent amendment made to the PPP contract? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Pursuant to Article 8 of C2016/92, the PPP project information to be disclosed during the project implementation phase i... More |
Question | PPPs |
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Has the procuring or contract management authority established a system to manage the implementation of the PPP contract (e.g. attributing responsibilities or establishing specific management tools)? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Notice 2014 Article 23 : the private operator can legally set up a project company and government can appoint related ... More |
If yes, which of the following tools does it include (check all that apply)?: Establishment of a PPP contract management team | No |
Relevant legal/regulatory provisions (if any): | n/a |
Participation of the members of the PPP contract management team in the PPP procurement process and/or vice versa | No |
Relevant legal/regulatory provisions (if any): | n/a |
Elaboration of a PPP implementation manual or an equivalent document | No |
Relevant legal/regulatory provisions (if any): | n/a |
Establishment of personnel training programs (i.e. initial training and continued training throughout the course of the project) | No |
Relevant legal/regulatory provisions (if any): | n/a |
Establishment of a risk mitigation mechanism which considers the evolving nature of risks throughout the project lifecycle (guidelines, specific processes, insurance regime, etc.) | No |
Relevant legal/regulatory provisions (if any): | n/a |
Which of the following options best describes the required qualifications of the PPP contract management team members? (Please select only one): The membership of the PPP contract management team is specified and/or its members are required to meet detail | n/a |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | n/a |
The PPP contract management team members are required to meet sufficient qualification without specific details. | n/a |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
The PPP contract management team members are not required to meet any specific qualifications. | n/a |
Please elaborate and provide examples: | n/a |
Does the procuring or contract management authority establish a system for tracking progress and completion of construction works under a PPP contract? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 26 of Notice 2014 requires that a project implementing organization shall, according to a project contract, sup... More |
If yes, is the PPP contract construction performance information made available to the public? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | Article 31 of the Notice 2014 provides that government, private capital or project company shall publish relevant infor... More |
If yes, is the PPP contract construction performance information made publicly available online? | Yes |
If yes, please specify the website: | www.cpppc.org |
Does the procuring or contract management authority establish a monitoring and evaluation system of the PPP contract implementation after construction? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | PPP Guidelines, Articles 23 to 31. Notice 2014 , Articles 23, 24 and 26 - Procuring authority and PPP center should su... More |
If yes, which of the following tools does it include (check all that apply)?: Performance is assessed against evaluation criteria set in the tender documents and the PPP contract | Yes |
Relevant legal/regulatory provisions (if any) | Pursuant to Article 25 of Notice 2014, the finance departments at all levels shall, together with competent departments ... More |
The procuring or contract management authority can abate (reduce) payments for non-performance of operating obligations under the PPP contract | Yes |
Relevant legal/regulatory provisions (if any) | Pursuant to Article 26 of the Notice 2014, payment is made according to project output and achievement indicators. Addit... More |
The private partner must provide the procuring or contract management authority with periodic operational and financial data | Yes |
Relevant legal/regulatory provisions (if any) | According to Notice 2014, Article 26, private operators must provide the procuring or contract management authority with... More |
The procuring or contract management authority must periodically gather information on the performance of the PPP contract | Yes |
Relevant legal/regulatory provisions (if any) | Article 26 of the Notice 2014 requires a project implementing authority to regularly monitor the project output perform... More |
The PPP contract performance information must be available to the public | Yes |
Relevant legal/regulatory provisions (if any) | Pursuant to Article 8 of C2017/1, the PPP project information to be disclosed during the project implementation phase in... More |
Is PPP contract performance information made publicly available online? | Yes |
If yes, please specify the website: | www.cpppc.org |
Are foreign companies prohibited from repatriating the income resulting from the operation of a PPP project? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Does the regulatory framework (including standard contractual clauses) expressly regulate changes in the ownership structure (i.e. stakeholder composition) of the private partner and/or assignment of the PPP contract? | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
If yes, which of the following circumstances are specifically regulated? (check all that apply): Any change in the private partner during an initial period (e.g. construction and first five years of operation). | n/a |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Changes of ownership/contract assignment, at any time during the contract, must preserve the same technical qualifications as the original operator. | n/a |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
In other cases, flexibility to change the ownership structure and/or assign the contract. | n/a |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Does the regulatory framework (including standard contractual clauses) expressly regulate the modification or renegotiation of the PPP contract (once the contract is signed)? | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Pursuant to Notice 2014, Article 28(1) on modification or renegotiation of the PPP contract (once the contract is signed... More |
If yes, is an approval from a government authority, other than the procuring authority, required? | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Pursuant to Article 28 in Notice 2014, according to conditions and procedures set out in the project contract, the proj... More |
If yes to question 46, which of the following circumstances are specifically regulated? (check all that apply): A change in the scope and/or object of the contract. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | No regulatory basis |
A change in the risk allocation of the contract. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | No regulatory basis |
A change in the financial and/or economic balance of the contract. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | No regulatory basis |
A change in the duration of the contract. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | No regulatory basis |
A change in the agreed price or tariff. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | No regulatory basis |
Can the procuring authority unilaterally modify a PPP contract? | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Does the regulatory framework (including standard contractual clauses) expressly regulate the following circumstances that may occur during the life of the PPP contract? (check all that apply): Force Majeure | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Notice 2014, Article 24: In case of force majeure or systemic financial risks, the procuring entity or private operator/... More |
Material Adverse government action . | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 2(3) of NDRC Guiding Opinions and Article 3(1) of MOF Guiding Opinions: The government shall bear the risks in r... More |
Change in the Law. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 36 of the "Measures for the Administration of Concession for Infrastructure and Public Utilities" - If adjustmen... More |
Refinancing. | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 1 of the Circular on Regulating Matters relating to Asset Securitization of Public-private Partnership Projects ... More |
Subcontracting and replacement of the subcontractors. | No |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Does the regulatory framework (including standard contractual clauses) allow for administrative and/or contractual complaint review mechanisms to address disputes arising from the implementation of PPP contracts? | Yes |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | Notice 2014, Article 28.3: During project implementation, parties can apply for Arbitration or file a civil lawsuit. In ... More |
If yes, please specify which of the following options are available (check all that apply): Local administrative review body | No |
If yes, please specify: | n/a |
Local courts | Yes |
Domestic arbitration | Yes |
International arbitration | Yes |
Investor-State Dispute Settlement (ISDS) | Yes |
Mediation | Yes |
Please provide the relevant legal/ regulatory/standard contractual provisions (if any) | Article 12 of The Administrative Litigation Law of the People's Republic of China clearly state that the people's courts... More |
If applicable, are arbitration awards enforceable by the local courts?: Domestic Arbitration | Yes |
If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | Pursuant to Article 62 of Arbitration Law, the parties shall perform the arbitration award. If a party fails to perform ... More |
International arbitration | Yes |
If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | China is a signing party to New York Convention. |
Investor-State arbitration | Yes |
If yes, please provide the relevant legal/ regulatory provisions/standard contractual provisions (if any): | China is a signatory of the ICSID Convention. |
Does the regulatory framework (including standard contractual clauses) allow for the restructuring of a PPP private partner (SPV) in financial difficulty prior to insolvency? | No |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Does the regulatory framework (including standard contractual clauses) allow for the lenders to take control of the PPP project (lender step-in rights) if either the private partner defaults or if the PPP contract is under threat of termination for failur | Yes |
If yes, please provide the relevant legal/regulatory/standard contractual provisions (if any): | Pursuant to Notice 2014, Article 24, project financing shall be in the charge of private partners or project companies.... More |
If yes, which of the following options best describes the lender step-in right? (Please select only one): The regulatory framework expressly regulates the lender step-in rights. | No |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
The regulatory framework prescribes that a direct agreement should be signed with the lenders. | Yes |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | Article 24 of Notice 2014 provides that Lender and Government can agree step-in right under the direct agreement. |
The regulatory framework prescribes that the lender step-in rights should be regulated in the contract. | No |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | n/a |
Other. | No |
Please Specify: | n/a |
Does the regulatory framework (including standard contractual clauses) expressly establish the grounds for termination of a PPP contract? | Yes |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | Material breach, force majeure, agreement and other reasons. Pursuant to Article 38 of the Measures for the Administrat... More |
If yes, does the regulatory framework (including standard contractual clauses) establish the consequences for the termination of the PPP contract? | Yes |
If yes, please specify and provide the relevant legal/regulatory/standard contractual provisions (if any): | Articles 38, 39 and 40 of Measures for the Administration of Concession for Infrastructure and Public Utilities - in the... More |
Question | PPPs |
---|---|
Are unsolicited proposals in [country_name]: (choose only one): Explicitly prohibited by the legal framework? (If prohibited, skip to section F) | No |
Explicitly allowed by the legal framework? | Yes |
Not regulated by the legal framework, but do happen in practice? | No |
Not regulated by the legal framework, and do not happen in practice? (if not done in practice, skip to section F) | No |
If the legal framework explicitly prohibits or allows unsolicited proposals, please provide the relevant legal/regulatory provisions | Notice 2014 , Article 6: The project can be either initiated by government or a private operator. The private operator c... More |
Does the procuring authority conduct an assessment to evaluate unsolicited proposals? (if not, skip to question 37) | Yes |
If yes, please specify and provide the relevant legal/regulatory provisions (if any | Notice 2014 , Article 7 : The ministry of finance (PPP center) evaluates and selects potential PPP projects. They shall ... More |
If yes, is there any vetting procedure and/or pre-feasibility analysis before fully assessing the unsolicited proposal? | No |
If yes, please provide the relevant legal/regulatory provisions (if any): | n/a |
Which of the following options best describe how the procuring authority ensures that unsolicited proposals are consistent with existing government priorities? (Please select only one): The procuring authority follows a specific procedure to ensure the co | No |
If yes, please specify and provide the relevant legal/regulatory provisions (if any): | n/a |
The regulatory framework requires unsolicited proposals to be among the existing government priorities without establishing specific procedures to achieve that goal. | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | No regulatory basis |
The procuring authority does not evaluate unsolicited proposals against existing government priorities. | No |
Please elaborate and provide examples: | n/a |
Does the procuring authority initiate a competitive PPP procurement procedure when proceeding with the unsolicited proposal? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | The Guidelines for PPP Operations, Article 6 and 13 - All proposals submitted by the private capital or the government ... More |
Does the procuring authority grant a minimum period of time to additional prospective bidders (besides the proponent) to prepare their proposals? | Yes |
If yes, please provide the relevant legal/regulatory provisions (if any): | PPP Procurement 2014, Article 6 : time between the notice and submitting bids shall not be less than 15 working days. |
and the time in calendar days: | 21 |
Does the procuring authority use any of the following incentive mechanisms to reward/compensate the presentation of unsolicited proposals? (check all that apply): Access to the best and final offer (BAFO) process and/or automatic shortlisting. | No |
Developer’s fee (reimbursing the original proponent for the project development cost). | No |
Bid Bonus. | No |
Swiss challenge (If unsuccessful, the original proponent has the option to match the winning bid and win the contract). | No |
Other. | No |
Please specify: | n/a |
Please provide the relevant legal/regulatory provisions (if any): | n/a |