The state prohibits BOT mode.

Legal analysis: BOT mode is a way for private enterprises to participate in infrastructure construction and provide public services to the society. In China, it is generally called "concession", which means that a government department and a private enterprise (project company) sign a concession agreement on an infrastructure project, and authorize the private enterprise (including foreign enterprises) of the signatory to undertake the investment, financing, construction and maintenance of the project. During the concession period stipulated in the agreement, financing for the construction and operation of specific public infrastructure is allowed, and loans are allowed to be repaid by charging users or selling products to recover investment and earn profits.

Legal basis: Article 3 of the Bidding Law of People's Republic of China (PRC). The following construction projects in People's Republic of China (PRC), including engineering survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, must be subject to tender:

(a) large-scale infrastructure, public utilities and other projects related to social interests and public safety;

(2) Projects that are wholly or partially invested with state-owned funds or financed by the state;

(3) Projects that use loans or aid funds from international organizations or foreign governments.

The specific scope and scale standards of the projects listed in the preceding paragraph shall be formulated by the development planning department of the State Council in conjunction with the relevant departments of the State Council and submitted to the State Council for approval.

Where the law or the State Council has provisions on the scope of other projects that must be subject to tender, such provisions shall prevail.