There is no clear definition of discriminatory clauses in government procurement in the "Government Procurement Law" and its implementation regulations. However, in the "Government Procurement Law Implementation Regulations", "discriminatory terms" are listed in the form of enumeration. 8 statutory situations under which "differential or discriminatory treatment is applied to suppliers under unreasonable conditions":

Article 20 If a purchaser or procurement agency has any of the following circumstances, it shall be treated as unreasonable conditions Implement differential or discriminatory treatment against suppliers:

(1) Provide suppliers with differentiated project information for the same procurement project;

(2) Set qualifications, technology , the business conditions are incompatible with the specific characteristics and actual needs of the procurement project or have nothing to do with the performance of the contract;

(3) The technology, service and other requirements in the procurement demand are directed to specific suppliers and specific products;

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(4) Use performance and awards in specific administrative regions or specific industries as bonus points or conditions for winning bids and closing transactions;

(5) Adopt different qualification review or evaluation standards for suppliers ;

(6) Restrict or designate specific patents, trademarks, brands or suppliers;

(7) Illegal restrictions on the ownership form, organizational form or location of suppliers;

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(8) Restrict or exclude potential suppliers with other unreasonable conditions.