Can a branch of a construction enterprise participate in the bidding?

No, you will know the problem as soon as the bidding procedures are completed!

The key is the issue of enterprise legal person, a company legal person cannot bid for the same project at the same time!

If the branch is affiliated with another company for bidding, it is still possible.

However, if you are affiliated with another company, you have to use the name of another company. You can't use the brand of the branch!

What change are you referring to?

If the new name comes down when the contract is signed, with the certificate of change, you can use the new name to sign the contract.

If the qualification is changed, because the new qualification has not yet come down, you can only use the original qualification certificate to participate in the bidding.

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Legal analysis: A branch office is under the jurisdiction of the head office in terms of business, capital, personnel, etc. Generally, bidding is carried out in the name of the head office or authorized by the head office;

It is generally impossible to obtain important qualifications without independent legal personality, so it is difficult for a branch office to obtain important qualifications, so it is necessary to use the qualifications of the head office to bid.

Legal basis: According to the provisions of the Company Law of the People's Republic of China, a company can set up a branch.

To establish a branch, it shall apply for registration with the company registration authority and obtain a business license. A branch office does not have legal personality, and its civil liability is borne by the company. A branch does not have an independent legal personality, it is a branch of the head office, a representative of a company in a certain place, on behalf of the head office to conduct business there, and can engage in the same business scope as the company, but the civil liability arising in the course of business operation shall be borne by the company.

Article 14 of the Company Law of the People's Republic of China.

A company can set up a branch office. To establish a branch, it shall apply for registration with the company registration authority and obtain a business license. A branch office does not have legal personality, and its civil liability is borne by the company.

A company may establish a subsidiary, which has the status of a legal person and independently bears civil liability in accordance with the law.

Whether the construction branch can bid depends on whether it meets the qualifications of the bidding subject and the qualification of the construction grade. There are 2 types of cases. They are:

1. If the construction branch meets the requirements in the bidding documents and needs to meet the qualifications of the bidding subject and the construction grade qualification, then it can bid; 2. If it does not meet the requirements, then it must generally be tendered in the name of the construction company or through the authorization of the head office.

[Legal basis].

Construction Law of the People's Republic of China Article 20 If the construction project is subject to public bidding, the contracting unit shall, in accordance with the legal procedures and methods, issue a tender announcement and provide the bidding documents containing the main technical requirements of the bidding project, the main contract terms, the standards and methods of bid evaluation, as well as the procedures for bid opening, evaluation and awarding. The opening of bids shall be carried out publicly at the time and place specified in the bidding documents. After the bid is opened, it shall be evaluated and compared with the bid evaluation standards and procedures specified in the bidding documents, and the winning bidder shall be selected among the bidders with the corresponding qualifications.

Legal Analysis:1Bids are available.

2.Although the branch established in accordance with the law and obtained a business license does not have the status of a legal person, it belongs to other organizations stipulated in Article 25 of the Tendering and Bidding Law and can participate in the bidding as a bidder. The Regulations for the Implementation of the Tendering and Bidding Law further stipulate that for projects that must be tendered in accordance with the law, potential bidders or bidders' ownership or organizational forms shall not be illegally restricted, otherwise potential bidders or bidders shall be restricted or excluded by unreasonable conditions.

Legal basis: "Bidding and Bidding Law of the People's Republic of China" Article 25 The bidder is a legal person or other organization that responds to the bidding and participates in the bidding competition. That is to say, the bidder does not have to be a legal person, and other organizations with civil subject qualifications and capacity can also participate in the bidding.

Interpretation of the Supreme People's Court on Application》 Article 52: Other organizations refer to organizations that are lawfully established and have a certain amount of organizational structure and assets, but do not have the status of a legal person, including branches established by legal persons in accordance with law and receiving business licenses.

We all know that Duan Yu, a branch without construction qualifications, obviously cannot participate in the project bidding and sign the project contract with the contractor, otherwise it will be regarded as illegal; In addition, after the head office won the bid and signed the general contracting contract with the owner, the act of signing a subcontract between the head office and the branch was also an illegal subcontracting act, because the branch did not have construction qualifications.

All construction projects won by the head office are handed over to subsidiaries for construction. In essence, the construction of the head office subcontracted to the branch office, resulting in illegal subcontracting.

According to the provisions of Chinese law, the contractor's illegal subcontracting or illegal subcontracting of construction projects is invalid, and the people's court may, in accordance with the provisions, collect the illegal gains obtained by the parties.

In short, the branch does not have independent legal personality, and the ultimate legal responsibility of the branch is borne by the head office, so it cannot apply for qualification, and the head office can authorize the branch office to provide construction services for the contractor on behalf of the head office to fulfill various provisions in the professional subcontract signed with the general contractor.

1. Is the contract signed with the branch valid?

The signing of the contract by the branch within the scope of the authorization of the head office is legally effective; If the branch office does not obtain the authorization of the head office when signing the contract, the contract is not legally valid, because the branch does not have an independent legal person, so it cannot bear civil liability, and the head office will also bear the civil liability after the branch signs the contract.

2. Can the branch issue invoices independently?

1. Invoices can be issued, but the contract must also be signed in the name of the branch. As long as you go to the local tax authority to register for tax payment and pay taxes in your location. 2. The income tax is paid at the location of the head office, and the rest is paid at the location of the branch.

The branch does not have its own name, articles of association, or its own property, and bears legal responsibility for the debts of the branch with the assets of the head office. The branch does not have the status of an enterprise legal person, and its civil liability is borne by the head office.

According to Article 791 of the Civil Code, the contractor is prohibited from subcontracting the project to a unit that does not have the corresponding qualifications. It is forbidden for a subcontractor to subcontract the project it has contracted. The construction of the main structure of the construction project must be completed by the contractor himself.

The branch of the construction engineering company is not allowed to participate in the bidding, because the branch does not have the status of a legal person, and the laws of our country prohibit the contractor from subcontracting the project to a unit that does not have the corresponding qualifications. It is forbidden for a subcontractor to subcontract the project it has contracted.

Article 791 of the Civil Code prohibits the contractor from subcontracting the project to a unit that does not have the corresponding qualifications. It is forbidden for a subcontractor to subcontract the project it has contracted. The construction of the main structure of the construction project must be completed by the contractor himself.

Article 790 The bidding and bidding activities of construction projects shall be carried out openly, fairly and justly in accordance with the provisions of the relevant laws. Article 791: The employer may enter into a construction contract with the general contractor, and may also enter into a survey, design, and construction contract with the surveyor, designer, and constructor respectively. The employer shall not break up a construction project that should be completed by one contractor into several parts and award the contract to several contractors.

Legal analysis: The branch does not have the qualification of an independent legal person and cannot participate in the bidding.

Legal basis: Civil Code of the People's Republic of China

Article 790: Bidding and bidding activities for construction projects shall be carried out openly, fairly and impartially in accordance with the provisions of relevant laws.

Article 7 Paragraph 3 of Article 791 The contractor is prohibited from subcontracting the project to a unit that does not have the corresponding qualifications. It is forbidden for a subcontractor to subcontract the project it has contracted. The construction of the main structure of the construction project must be completed by the contractor himself.