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PROVISIONAL
MEASURES ON INVITATION OF
TENDERS AND SUBMISSION OF TENDERS
CONCERNING LAND SALE IN SHENZHEN
(Issued
by Shenzhen Municipal People's
Governmenton November 14, 1987)
SUBJECT: LAND
ISSUING-DEPT: SHENZHEN SPECIAL ECONOMIC ZONE
ISSUE-DATE: 11/14/1987
IMPLEMENT-DATE: 11/14/1987
LENGTH: 1512 words
TEXT:
CHAPTER I GENERAL PROVISIONS
[Article 1] The present Measures are hereby formulated with a view to raising the economic, social and environmental efficiency, safeguarding the smooth progress of land sale through a tender system in Shenzhen Special Economic Zone (SEZ) and protecting the lawful rights and interests of bidders.
[Article 2] All practices of transferring the land use right of a piece of land inside the territory of the SEZ by inviting tenders shall be conducted according to the present Measures.
[Article 3] The Land Tender Invitation Group under the Municipal Office of Reform of Land Management Structure is responsible for all matters concerning the invitation of tenders for the sale of land. Functions of the Land Tender Invitation Group are as follows: to compile tender invitation documents, to determine to which economic entities the tender invitation documents are to be extended, to examine the qualifications of bidders, to host the opening of bids, to evaluate bids submitted and determine the winning bid and to issue the notification certificates to the bidders concerned.
The Land Tender Invitation Group shall consist of one group leader, one deputy group leader and a certain number of group member. The Land Tender Invitation Group can hire experts to assist its work if necessary.
[Article 4] Any enterprise registered in the SEZ that has been authorized to deal in real estate business and other economic entities or individuals that have been approved by the Land Tender Invitation Group may take part in bidding.
CHAPTER II INVITATION FOR TENDERS
[Article 5] Invitation for tenders for land sale means those qualified units and individuals submit their bids in writing within a specified time period through a tender system in order to acquire the right to the development of a certain piece of land. The Land Tender Invitation Group will then select the winning bid according to the terms offered.
Scope opened to competitive bidding shall be determined by the Land Tender Invitation Group but may be limited to just a quotation of price or a quotation of price along with a proposed development program.
[Article 6] Land opened to competitive bidding shall be those that have had a set of clearly defined development requirements and where the water and electricity supply have been installed, roads have been constructed and levelling of land have been completed.
[Article 7] The Land Tender Invitation Group shall set a floor price on a piece of land opened to competitive bidding. The floor price shall be strictly confidential prior to the opening of bids.
[Article 8] There are two types of invitation. The first type is public invitation under which the Land Tender Invitation Group announces the invitation for tenders on newspapers and magazines and through radio and television. The second type is that the Land Tender Invitation Group extends tender invitation documents to units which have been chosen on the basis of their qualifications.
[Article 9] The following documents shall be formulate by the Land Tender Invitation Group:
(1) Bidding Instructions;
(2) Bidding Certificate;
(3) Contracts for the use of land in Shenzhen Special Economic Zone, and
(4) Rules on the utilization of land.
CHAPTER III BIDDING
[Article 10] All participating units shall carefully examine all documents concerning the bidding and complete the Bidding Certificate according to the instructions specified by the Bidding Instructions. They shall prepare themselves for the bidding.
[Article 11] All bidding certificates shall bear the official seals of the enterprises concerned and the seals of the responsible officials of the corresponding enterprises. They shall be sealed before they are put into the tender box according to the sepcified time and location. No revision of the bidding certificates is permitted once they have been put into the tender box. If the bidder concerned wants to make changes on its bidding certificate after it has been put into the tender box and before the opening of bids, the bidder concerned may submit a new bidding certificate and the previous one submitted shall become null and void.
[Article 12] Bidders shall bear all costs arising from the preparatory work for the bidding.
CHAPTER IV PROCEDURES ON INVITATION OF TENDERS
[Article 13] Invitation of tenders shall be conducted according to the following procedures:
(1) Compile the tender invitation documents;
(2) Determine the scope of qualifications for the prospective bidders;
(3) Issue the invitation for tenders;
(4) Interested bidders purchase the tender invitation documents;
(5) Land Tender Invitation Group explain and answer any question raised by bidders;
(6) Bidders return their sealed bidding certificates and put them into the tender box and pay the required amount of deposits;
(7) Bidding certificates submitted will be opened and examined in public and those that failed to meet the requirements will be declared invalid in public;
(8) Valid bidding certificates will be evaluated accordingly and the bid winner will be decided. The bid winner will be issued the notification certificate. Other bidders who have not been chosen will be informed in writing about the result;
(9) The bid winner shall conclude the Contract for the Use of Land with the Municipal government within 15 days after having received the notification certificate, and
(10) The bid winner shall go through all registration formalities with the municipal departments in charge of the administration of state land and obtain its land use certificate thereof.
[Article 14] Bidders and other persons concerned may attend the opening of bids organized by the Land Tender Invitation Group. Bidding certificates submitted shall be unsealed and the quotations of price shall be anounced in public.
Lawyers and notary public may be invited as scrutineers at the opening of bids.
[Article 15] Under normal circumstances, the duration between the issue of the tender invitation documents and the opening of bids shall not exceed three months. The duration between the opening of bids and the announcement of the winning bid shall not exceed 30 days.
[Article 16] The Land Tender Invitation Group shall fully evaluate each bidding certificate submitted as well as the development program submitted along with the certificates. In case of invitation of tenders that only a price quotation is required, bid which offers the highest price shall be chosen as the winning bid. In case of invitation of tenders both price quotation and development program are required, a comprehensive bid evaluation scheme shall be adopted. The evaluation scheme shall include three criteria for the bidders namely price quotation, development program and credit standing of the bidders. Bidder who receives the highest rating under the evaluation scheme will be chosen as the winner. However, the Land Tender Invitation Group reserves the right to reject all tenders submitted on the ground that they have failed to meet its requirements.
CHAPTER V REWARDS AND PENALTIES
[Article 17] Rewards shall be given to units and individuals that have made contributions to the work regarding the invitation of tenders on the sale of land.
[Article 18] Rewards shall be given to units and individuals that have made contributions to the exposure of such illegal activities as bribery, and graft and deception involving members of the Land Tender invitation Group and bidders.
[Article 19] The Municipal Office of Reform of Land Management Structure reserves the right to declare a winning bid invalid if the bidder is found to have committed bribery, graft and deception and other illegal activities in the course of tender and bidding in order to win the land use right of a certain piece of land. Administrative departments of the Municipal government may issue administrative penalty to persons who are directly responsible. The judicial authorities may press charges on those persons or units concerned according to the law where the case is serious or it is considered to be a case of criminal offense.
[Article 20] Members of the Land Tender Invitation Group shall perform their duties justly. In case of bribery, receipt of gifts in exchange of secret information and fradulent practices for favor in the course of tender and bidding, they may face administrative penalty from the administrative departments of the Municipal government. The judicial authorities may press charges on those persons or units concerned if the case is serious or it is considered to be a case of criminal offense.
CHAPTER VI SUPPLEMENTARY PROVISIONS
[Article 21] The right to interpret the present Measures shall be vested in the Municipal Leading Group of Real Estate Restructuring.
[Article 22] The present Measures shall come into force on November 14, 1987.
