Contract Management System Of Company Rules And Regulations

General provisions

To strengthen the contract Administration Avoid mistakes and improve. Economics According to the contract law and other relevant laws and regulations, Regulations In accordance with the actual situation of the company, the system is formulated.

1. All types of contracts signed by the company are applicable to this system.

Two, contract management is an important part of enterprise management. Doing well in contract management is of positive significance for the development of the company's economic activities and the acquisition of economic benefits. Leading cadres at all levels, clients of legal persons and other relevant personnel must strictly abide by and earnestly implement the system. The relevant departments must cooperate with each other and work together to do well in the contract management work centered on "emphasizing contracts and keeping credibility".

Contract signing

Three, contract negotiations must be jointly attended by the general manager or deputy general manager and the relevant department heads, and no one can directly negotiate contracts with the other party.

Four, signing contracts must abide by the laws, policies and regulations of the state. In addition to the legal representative, a foreign contract must be a legal person entrustment with a legal person's entrustment, and a legal person must be responsible to the enterprise.

Five, before signing a contract, the contractor must have a serious understanding of the situation of the other party.

Six, signing contracts must implement the principle of "equality, mutual benefit, consensus and compensation for equal value" and the principle of "cheap, good quality, excellent signing".

Seven, the contract shall be written in a written form except for those who are immediately cleared, and the uniform contract shall be adopted.

Eight, the provisions of the contract on the rights and obligations of the parties must be clear and specific, and the expression should be clear and accurate.

The main points to be noted in the contract are:

1, the radicals should pay attention to the two sides' full name, signing time and place of signing.

2. Main contents: the contents of the construction contract include the scope of the project, the duration of the construction, the time of commencement and completion of the project, the quality of the project, the cost of the project, the period of delivery of the technical data, the supply of materials and equipment, the allocation and settlement, the completion and acceptance, the quality guarantee scope and the quality guarantee period, and the mutual cooperation between the two parties. The product contract should specify the product name, technical standard and quality, quantity, packaging, transportation mode and freight burden, delivery time, place and acceptance method, price, liability for breach of contract, etc.

3, the ending part: we must pay attention to both sides must use the contract seal, in principle, do not use the official seal, strictly prohibit the use of financial or business chapters, indicating the validity period of the contract.

Nine, sign a contract: in addition to the place of execution of the contract, we shall strive to conclude the contract agreement under the jurisdiction of our Municipal People's court.

Ten, anyone who signs a contract with foreign countries must aim at safeguarding the legitimate rights and interests of the company and improving economic efficiency. He must never allow him to do anything in public contracts or to gain personal gains while he signs contracts.

Review and approval of contracts

Eleven, before signing the contract, the contract must be submitted to the leader for examination and approval before it can be formally signed.

Twelve, the authority for contract examination and approval is as follows:

1. Under normal circumstances, the contract is authorized by the chairman and approved by the general manager.

2. The following contracts shall be examined and approved by the chairman.

Those with a bid exceeding 500 thousand yuan, and invest more than 100 thousand yuan in joint venture, joint venture, cooperation and foreign-related contracts.

3, the contract exceeding the company's assets of 1/3 or above shall be examined and approved by the board of directors.

Thirteen. The contract shall be handled by the head of the Department in principle. After drawing up the draft, it must be examined and approved by the deputy general manager and examined and approved according to the examination and approval authority of the contract. Important contracts must be examined by the legal adviser. The main points of the contract review are:

1, the legality of the contract. These include: whether the parties have the right and ability to perform the contract, and whether the contents of the contract conform to the state laws, policies and the provisions of this system.

2, the tightness of the contract. It includes: whether the terms and conditions of the contract should be complete; whether the rights and obligations of both parties are specific and clear; whether the expression is accurate or not.

3, the feasibility of the contract. It includes: whether the parties, especially the other party, have the ability and conditions to fulfill the contract; the economic benefits and possible risks that are expected to be achieved; and the economic losses that may be suffered when the contract is not performing normally.

Fourteen, according to the law or actual needs, the contract should also be submitted to the higher authorities for verification, approval, or to the industrial and commercial administrative department for verification, or notarization office notarization.

Performance of contract

Fifteen, the contract is established in accordance with the law, which is legally binding. All departments and personnel concerned with contracts must abide by the principle of "emphasizing contracts and keeping credit". Strictly enforce the obligations stipulated in the contract, ensure that sixteen, the standard for the fulfillment of the contract shall be based on the terms of the contract or the legal provisions. If there are no contractual provisions or legal provisions, general materials should be cleared, completion and acceptance of the project, settlement of the price, and no formalities for negotiation.

Seventeen, the general manager, deputy general manager, the finance department and relevant departments should be familiar with the performance of the contract at any time and find out the problem in time. Otherwise, if the contract can not be fulfilled and can not be fully fulfilled, the responsibility of the relevant personnel shall be investigated. {page_break}

Alteration and dissolution of contract

Eighteen, in the course of performing the contract, it is necessary to make every effort to overcome difficulties and ensure the fulfillment of the contract. If the actual performance or proper performance of the human rights insurmountable difficulties is subject to change, the contract shall be negotiated with the other party within the prescribed time or within a reasonable time when the contract is terminated.

Nineteen, if the other party proposes to change or terminate the contract, it shall strictly control the company's legitimate rights and interests.

Twenty, changing or cancelling a contract must comply with the provisions of the contract law, and the relevant formalities should be handled within the company.

Twenty-one, the procedures for altering or cancelling the contract shall be carried out according to the examination and approval authority and procedures stipulated in this system.

Twenty-two, changing or cancelling a contract must be in written form (including letters, correspondence, telex, etc.).

Twenty-three, before the agreement is changed or terminating, the original contract is still valid and shall still be fulfilled before or after the agreement has been reached or not approved. However, exceptional circumstances are mutually agreed by both parties.

Twenty-four, if the interests of the litigants are suffered due to the alteration or rescission of the contract, they shall bear the corresponding responsibilities except for the exemption from liability by law, and stipulate clearly in the agreement for altering and cancelling the contract.

Twenty-five, in the name of changing or cancelling the contract, it will be right to seek personal gains and seek personal gains while protecting the interests of the public.

Handling of contract disputes

Twenty-six, if the contract is in dispute with the other party in the process of performance, it shall be properly handled according to the relevant provisions of the contract law and the provisions of this system.

Twenty-seven, contract disputes are handled by the relevant business departments and legal advisers. The handling of disputes must be handled in detail.

Twenty-eight, the principles for dealing with contractual disputes are:

1, we must adhere to the facts and take the law as the criterion, and if the law does not stipulate, the state policy or the terms of the contract shall prevail.

2, it is the basic method of consultation between the two sides. After disputes arise, they should consult with the other parties in a timely manner and make mutual understanding and mutual accommodation and settle disputes on the basis of safeguarding the legitimate rights and interests of the company and not infringing the legitimate rights and interests of the other parties.

3, disputes arising from the other party's responsibilities should adhere to principles and protect our legitimate rights and interests from infringement. Due to disputes arising from our responsibilities, we should respect each other's legitimate rights and interests, take the initiative to assume responsibility, and take remedial measures as far as possible to reduce our losses; we should seek truth from facts, distinguish between primary and secondary issues, and solve them reasonably and reasonably.

Twenty-nine, in dealing with disputes, we should strengthen contacts, ventilate in a timely manner, actively do what we should do, avoid mutual accusation, accusation, complaining, unify opinions, act in unanimity, and be consistent with the outside world.

Thirty, the proposed contract dispute, plus the time for negotiation between the parties and the parties concerned, should be carried out within the time limit prescribed by law, and we must consider enough time to apply for arbitration or prosecution.

Thirty-one, where a contract dispute is handled by a legal adviser, the relevant departments must provide the following evidence materials on their own initiative.

1, the text of the contract (including changes, the dissolution of the contract agreement), as well as contracts related to the annex, documents, fax, charts, etc.;

2, delivery, delivery, consignment, acceptance, invoices and other related credentials;

3. Payment of goods, collection vouchers, relevant financial accounts;

4, product quality standards, seal samples, samples or identification reports;

5, evidence of breach of evidence by the parties concerned;

6, other materials related to dispute settlement.

Thirty-two. For a contract dispute, if agreement is reached between the two sides, a written agreement shall be signed, signed by the representatives of both sides and stamped with the official seal of the two parties or the special seal of the contract.

Thirty-three. When the agreement between the two parties has been signed to settle the contract dispute, the mediation documents and arbitration documents of the superior authorities or arbitration organs shall be issued after the formal entry into force, and they shall be sent separately to the departments concerned for the handling and performance of the dispute.

Thirty-four. If the parties concerned fail to implement the relevant provisions in the above-mentioned documents at the expiration of the prescribed time limit, the Contractor shall report to the leader in good time.

Thirty-five, if the other party fails to fulfil the mediation agreement, arbitration decision or judgment that has been legally effective within the time limit, it may apply to the people's court for execution.

Thirty-six, before submitting an application for execution to the people's court, the relevant departments shall seriously inspect the execution of the other party and prevent errors. If a settlement agreement is reached in the execution, the agreement shall be made and dealt with in accordance with the provisions of the agreement.

Thirty-seven, when the contract dispute is handled or executed, the relevant units should be notified in time, and the relevant information should be collected and filed for reference.

Contract management

Thirty-eight, the company implements two levels of management, professional system, legal person's entrustment system and basic management system.

Thirty-nine, the contract management of our company is as follows:

The company is authorized by the chairman of the board and the general manager is always responsible. The centralized management department is the finance department and the office. The deputy general manager manages the real estate development and construction contract separately; the departments are specifically responsible for the contract negotiation, drafting and execution work within their respective authorized scope.

Forty, all contracts of the company are signed uniformly by the office and signed by the person in charge of the office, and shall be signed by the chairman, general manager or other authorized person in accordance with the authority for examination and approval.

Forty-one, the office and the relevant departments do a good job in the basic work of contract management. The details are as follows:

1, establish contract files;

2, establish contract management ledger;

3, fill in the "contract situation monthly report".