Government Procurement Law of the People's Republic of China
Article 43 of the Government Procurement Contract applies the Civil Code. The rights and obligations between the purchaser and the supplier shall be agreed by contract in accordance with the principles of equality and voluntariness.
The purchaser may entrust the procurement agent to sign the government procurement contract with the supplier on its behalf. By the procurement agency to sign the contract in the name of the purchaser shall submit the purchaser's power of attorney as an attachment to the contract.
What is the jurisdiction of litigation of government procurement contract
1, the litigation arising from the contract dispute, by the defendant's domicile or the people's court of the place of performance of the contract.
2, the parties in the contract expressly agreed to the place of performance, the agreed place of performance for the contract performance. The parties in the contract does not expressly agreed place of performance, to the agreed place of delivery for the contract performance. The place of arrival of the goods agreed in the contract, the place of arrival, acceptance, installation and commissioning shall not be regarded as the place of performance of the contract.
3, the parties in the contract expressly agreed on the place of performance or delivery, but in the actual performance of the written or other ways to change the agreement agreed upon by the parties, to change the agreement to determine the place of performance of the contract. The parties did not change the original agreement in the above manner, or change the original contract without involving the issue of the place of performance, the original contract is still the agreement to determine the place of performance.
4, the parties in the contract on the performance of the place of delivery, the place of delivery is not agreed or agreed is not clear, or although there is an agreement but not the actual delivery of the goods, and the parties are not domiciled in the contractual place of performance, as well as oral purchase and sale of contract disputes, are not based on the performance of the place to determine the jurisdiction of the case.
5, the parties to the contract can be agreed in a written contract to choose the defendant's domicile, the place of performance of the contract, the contract is signed, the plaintiff's domicile, the people's court of the location of the subject matter of jurisdiction, but shall not be contrary to the provisions of this law on the level of jurisdiction and exclusive jurisdiction.
6. The agreement in a written contract under the Civil Procedure Law refers to the agreement on jurisdiction clause in the contract or the agreement on the choice of jurisdiction reached before the litigation.
7, the parties to the contract to choose the jurisdiction of the agreement is unclear or choose the civil procedure law provides for the jurisdiction of the people's court of more than two people's courts, the choice of jurisdiction of the agreement is invalid, in accordance with the provisions of the Civil Procedure Law to determine the jurisdiction.