Legal provisions for subcontracting and sub-subcontracting in government procurement

Legal Subjective:

Subcontracting is not allowed in government procurement. The financial sector in the performance of government procurement supervision and management duties in the government procurement contract subcontracting, the directly responsible for the competent personnel and other directly responsible personnel shall be punished according to law. Directly responsible officers and other directly responsible persons constitute a crime, shall be investigated for criminal responsibility.

Legal Objective:

Civil Code Article 791 The contractor may enter into a contract for construction works with the general contractor, or may enter into a contract for survey, design and construction with the surveyor, designer and builder respectively. The contractor shall not contract out to several contractors the construction works which should be completed by one contractor by dividing them into several parts. The general contractor or the survey, design and construction contractor may, with the consent of the contractor, assign part of the work contracted by him to a third person for completion. The third party shall be jointly and severally liable with the general contractor or the survey, design or construction contractor to the contractor for the work accomplished. The contractor shall not subcontract all the construction works contracted by him to a third person or subcontract all the construction works contracted by him to a third person in the name of subcontracting. The contractor is prohibited from subcontracting the construction works to a unit which does not have the corresponding qualification. It is prohibited for a subcontracting unit to subcontract the works it has contracted. The construction of the main structure of the construction project must be completed by the contractor himself.