Project contract management system of public institutions

Project contract management system of public institutions

In order to standardize the employment relationship of public institutions, establish and improve the employment system of staff in public institutions adapted to the socialist market economic system, and protect the legitimate rights and interests of employers and employees, the following project contract management system of public institutions is formulated.

Project contract management system of public institutions 1 Article 1 In order to strengthen the management of signing contracts by government agencies and institutions and effectively safeguard the legitimate rights and interests of government agencies, institutions and contract counterparties, these measures are formulated in accordance with the provisions of relevant laws, regulations and rules and in combination with the actual situation of our county.

Article 2 These Measures shall apply to the administration of signing contracts between county-level organs and institutions that use financial funds.

These Measures shall not apply to government procurement, assignment of state-owned land use rights and contract management of construction projects reached through bidding according to law.

Article 3 The term "contract" as mentioned in these Measures refers to the contractual legal documents signed by the township government, government agencies and institutions directly under the county level as one party and as the counterpart of the contract in administrative management and civil activities.

Article 4 The subjects of signing a contract include county governments, township governments, county government departments, institutions with legal person status owned by county governments and county government departments, and other institutions and institutions that use financial funds.

It is forbidden to sign contracts in the name of temporary institutions, deliberation and coordination institutions and internal departments.

Article 5 When signing contracts, government agencies and institutions throughout the county shall implement the legality review system, major contract risk assessment system and report approval system.

Article 6 Major contracts mentioned in these Measures include:

(1) contracts with bid amount exceeding RMB 6,543,800+0,000;

(two) the county government key construction projects or major investment projects contract;

(3) Contracts with significant public interests and social impacts.

Article 7 When signing a contract, a government organ or institution shall specify the undertaker who is specifically responsible for contract negotiation, drafting and performance.

For a contract in which the county government is a party, the undertaking institution shall be the organizer responsible for the contract undertaking.

Article 8 The main responsibilities of the undertaking institution include:

(a) responsible for the investigation and evaluation of the contract project, and put forward preliminary opinions;

(2) Examining the subject qualification, credit standing and performance ability of the counterpart of the contract;

(three) to be responsible for the negotiation and negotiation of the conclusion of the contract, and to draft and modify the contract text;

(four) responsible for submitting the contract text and other materials to the review body for legal review;

(five) according to the requirements of the accreditation body to provide relevant materials;

(six) responsible for the performance of the contract;

(seven) responsible for the negotiation, mediation, arbitration, litigation and other activities of contract disputes;

(eight) responsible for keeping the contract texts and documents related to the performance, modification and dissolution of the contract, and sorting and handing over them according to the regulations.

Article 9 The legal institution of the county government is a contract review institution and may not sign a contract without review.

The main responsibilities of the review body include:

(1) Examining the submitted contracts according to law and issuing written examination opinions;

(two) to guide or participate in the negotiation, mediation, arbitration, litigation and other activities of contract disputes;

(3) Contract review and filing;

(four) to supervise the performance of the contract and put forward opinions on the risks arising from the performance of the contract in a timely manner.

Tenth submitted to the legal institution of the county government for examination of the contract, the legal institution of the county government shall generally complete the examination within 10 working days from the date of receiving the draft contract text and related materials, and issue the examination opinions.

The contractor shall, according to the requirements of the review opinions, modify and adjust the contents of the contract.

Eleventh organs and institutions shall sign contracts in written form. The text of a contract should generally include the subject matter of the contract, rights and obligations, the time limit for performance, the liability for breach of contract, and the methods for resolving disputes. If arbitration is chosen as the dispute settlement method, a specific arbitration institution shall be appointed.

Article 12 When concluding a contract, the following procedures shall be followed:

(1) Project establishment. The signing of a contract by a public institution must be discussed and approved by the collective leadership of the unit before the project can be established; If it is a major contract stipulated in these Measures, it shall also be reported to the county government for approval.

(2) negotiation and consultation. The contractor shall organize relevant personnel to negotiate with the counterpart of the contract.

(3) Drafting the contract text. The contractor shall draft the contract text according to the results of negotiation and consultation.

(4) review. Before signing the contract, the undertaking institution shall submit the contract text, investigation materials on the assets, qualifications, credit, performance ability and intellectual property status of the contract counterpart, contract negotiation and consultation materials, opinions of other relevant government departments and institutions, the basis for concluding the contract, approval documents and other materials needed to be provided to the review institution for legality review.

(5) examination and approval. Contracts that are required to be approved by relevant departments according to laws, regulations, rules and normative documents at higher levels shall be submitted for approval by the undertaking institution in accordance with relevant procedures.

(6) Signature and seal. The contract shall be signed by the legal representative of the institution. If other personnel are authorized to sign, there should be a written authorization from the legal representative. After signing, affix the official seal or special seal for the contract.

Thirteenth after the signing of the contract or in the process of performance, it is necessary to sign a supplementary agreement or change or terminate the contract, which shall be handled with reference to the procedures for concluding a contract in Article 12 of these Measures.

Article 14 If the real estate, real estate and important office facilities managed and used by government agencies and institutions need to be rented or lent, it shall be determined according to law. After the government agencies and institutions that manage and use the assets as the contract undertaker report to the competent department for examination and approval, the financial department approves, and the relevant procedures in Article 12 of these Measures are fulfilled, the county state-owned assets management agency and undertaker shall * * sign a lease and loan contract with the contract counterpart.

Fifteenth before the signing of a major contract, the undertaking institution shall organize the risk assessment of contract signing, focusing on the political, economic, environmental, legal, social stability and other aspects of scientific prediction and evaluation of various risks that may be caused by contract signing and performance.

Article 16 The contractor shall, within 7 working days after signing the contract, submit the contract text and related materials to the legal institution of the county government for the record.

Article 17 After the contract is signed, the contractor shall be fully responsible for the performance of the contract and deal with the problems in the performance process in time.

Article 18 If the other party to a contract is under any of the following circumstances, the undertaking institution shall put forward corresponding countermeasures or suggestions, and timely exercise the legal rights such as the right of uneasy defense, the right to terminate the contract, and the right to investigate the liability for breach of contract:

(1) force majeure occurs;

(2) The laws, regulations, rules and policies on which the contract is based are amended or abolished;

(3) Significant changes have taken place in the objective conditions at the time of signing this contract;

(4) Other circumstances in which the operating conditions of the other party to the contract are seriously deteriorated, resulting in the loss of business reputation and the loss or possible loss of the ability to perform debts;

(5) Anticipated breach of contract by the counterparty;

(six) other circumstances that may affect the performance of the contract.

Article 19 In case of any of the circumstances listed in Article 18 of these Measures during the performance of major contracts, the undertaking institution shall submit an early warning report to the county government in a timely manner, and send a copy to the contract review institution.

Twentieth disputes arising from the performance of the contract, the contractor shall timely communicate with the other party to the contract, understand the situation, objectively evaluate the possible adverse consequences. May cause great damage to the rights and interests of government agencies and institutions or cause great losses to the public interest, the undertaker shall promptly report in writing to the government agencies and institutions that signed the contract, and send a copy to the contract review institution, and at the same time do a good job in risk prevention and response.

Article 21 Contract disputes shall be settled through negotiation or mediation as far as possible. If an agreement is reached through consultation and mediation, a written agreement shall be signed; If no consensus can be reached through negotiation or mediation, it can be settled through arbitration or litigation as agreed in the contract.

Article 22 When a contract dispute is resolved through arbitration or litigation, the undertaking institution shall comprehensively collect evidence according to the requirements of the limitation of action and the rules of arbitration and litigation, and do a good job in responding to the lawsuit to prevent losing the case due to improper responding to the lawsuit.

Twenty-third contract disputes, the contractor shall not have the following acts:

(a) to give up the legitimate rights and interests of a party belonging to a public institution without authorization;

(2) Refusing to perform the obligations that an organ or institution should perform without justifiable reasons.

Twenty-fourth after the completion of the contract, the contractor shall timely file the contract text and related materials, and shall not dispose of or destroy them at will.

The undertaking institution shall, according to the importance of the contract, set the storage period of the contract documents; General contract documents shall be kept for more than 10 years, and major contract documents shall be kept permanently. Where there are other provisions in laws, regulations and rules on the retention period of contract documents, such provisions shall prevail.

Article 25 The contract documents that should be archived mainly include:

(a) The original text of the formally signed contract;

(2) Relevant supplementary agreements and change agreements signed during the performance of the contract;

(3) various approval documents;

(four) background information, correspondence, minutes of talks, faxes, audio and video materials related to the signing of the contract during the pre-contract negotiation;

(five) other documents related to the signing of the contract.

Twenty-sixth institutions signed a contract to implement the chief executive responsibility system, the main person in charge is the first person responsible for signing the contract, and bear the leadership responsibility for signing the contract.

Twenty-seventh county government legal institutions should strengthen the supervision and inspection of the implementation of these measures. If one of the following circumstances is found in the inspection, the legal institution of the county government shall urge it to correct it; If the circumstances are serious, it may be submitted to the county government for research and accountability according to law:

(a) according to the provisions should be submitted for review of the contract, the contractor did not submit;

(2) Signing a contract without legal review or unqualified review;

(3) Failing to put the contract on record as required.

Article 28 If a contractor or examination institution violates the provisions of these measures and commits any of the following acts, the appointment and removal organ, the supervisory organ or other competent authorities shall investigate the responsibility of the responsible person according to the law and discipline; If the case constitutes a crime, it shall be transferred to judicial organs for criminal responsibility according to law:

(1) Signing a contract in violation of laws, regulations and rules;

(two) in the process of signing and performing the contract, accepting bribes, maliciously colluding with others, and harming the interests of institutions;

(three) in the process of signing and performing the contract, dereliction of duty, abuse of power, exceeding the authority, causing great economic losses to the organs and institutions;

(four) the failure to properly keep the contract materials and archival materials, resulting in the failure of the litigation or arbitration of the organs and institutions.

Twenty-ninth relevant departments and units should also strengthen the supervision of county-owned wholly state-owned enterprises, wholly state-owned companies and state-owned holding companies to sign contracts. Contracts signed by wholly state-owned enterprises, wholly state-owned companies and state holding companies at the county level shall be reported to the regulatory authorities for the record in accordance with the relevant provisions on the management of state-owned assets; Major investment and non-major investment contracts in the main business must be reported to the county government for approval before signing. The text of the contract shall be submitted to the legal institution of the county government for the record by the enterprise that signed the contract in accordance with the provisions of Article 16 of these Measures.

Thirtieth county economic development zone signed a contract with reference to these measures.

Article 31 The Legislative Affairs Office of Yushan County People's Government shall be responsible for interpreting and supervising the implementation of these Measures.

Article 32 These Measures shall come into force as of August 2065438 1 day.

Project contract management system of public institutions Article 1 In order to standardize the contract signing behavior of the county government and its administrative institutions, reduce the losses caused by improper contract signing and performance, and earnestly safeguard the legitimate rights and interests of the government and departments, these measures are formulated in accordance with the Contract Law of People's Republic of China (PRC) and the Provisions on Administrative Procedures of Shandong Province, combined with the actual situation of our county.

Article 2 These Measures shall apply to the contracts, agreements and other legal documents (hereinafter referred to as contracts) concluded by the administrative organs of our county with citizens, legal persons or other organizations when performing their duties, providing public services or engaging in civil legal acts.

The term "administrative institutions" as mentioned in these Measures refers to the county government and its subordinate administrative organs, institutions, agencies, directly affiliated institutions, development zone management committees and township people's governments.

Article 3 The contracts of administrative institutions mentioned in these Provisions mainly include the following types:

(1) Contracts for leasing, contracting, contracting and transferring state-owned land, beaches, waters, forests, barren hills, mines and other natural resources;

(2) Contracts for the construction, maintenance, leasing, contracting and sale of state-owned assets;

(3) administrative expropriation, requisition and entrustment contracts;

(4) Government procurement contracts;

(five) the government franchise contract;

(6) Policy credit contract;

(seven) scientific research and consulting contracts entrusted by administrative institutions;

(8) Investment contracts signed by administrative institutions;

(9) Loan contracts of administrative institutions;

(ten) family planning management contract;

(eleven) other contracts signed by administrative institutions.

Article 4 The legal institutions of the government and government departments are specifically responsible for the contract management of their own units.

Government departments should assist government legal institutions to manage government contracts.

Article 5 When an administrative institution signs a contract, it shall be clear that the undertaking department and the undertaking unit are specifically responsible for the negotiation, drafting and performance of the contract.

In a contract in which the county government is a party, the undertaking department refers to the relevant department specifically responsible for the preliminary work of the contract; In a contract in which the county government department is a party, the undertaking department refers to the office of the county government department.

Article 6 The main responsibilities of the contract undertaking department are:

(a) responsible for the investigation, evaluation and preliminary opinions of the contract project;

(two) to review the subject qualification, credit standing and performance ability of the other party to the contract;

(three) to be responsible for the negotiation and negotiation of the conclusion of the contract, and to draft and modify the contract text;

(four) the text of the contract and other information submitted to the legal institution of the department for legal review;

(five) the county government or the county government authorized or entrusted to sign the contract, should be promptly submitted to the legal institution of the county government for review;

(six) provide relevant materials according to the requirements of legal institutions, and cooperate with legal institutions to supervise and inspect the contract;

(seven) responsible for the performance of the contract, investigate and deal with disputes and problems found in the process of contract performance;

(eight) responsible for the negotiation, mediation, arbitration, litigation and other activities of contract disputes;

(nine) keep the contract texts and documents related to the performance, modification and dissolution of the contract, and be responsible for sorting and handing over according to the regulations.

Article 7 When concluding a contract, an administrative institution shall follow the principles of legality, fairness, good faith and consistency of rights and obligations.

Article 8 An administrative institution shall generally conclude a contract according to the following procedures:

(1) Market research. If it is necessary to conclude a contract, it shall conduct a market survey, form a written feasibility study report, put forward an invitation or offer according to the market situation of the subject matter of the contract and the specific requirements of the contract content, and report it to the person in charge of the unit for approval and sign an opinion.

(2) Credit investigation. The potential contracting party shall investigate and study its registration, shareholding structure, business performance, management level, financial status, industry reputation and past credit status. And form a written credit report and submit it to the person in charge of the unit for review.

(3) negotiation. For contracts with huge contract amount or complicated legal relationship, the person in charge of the unit and personnel with corresponding technical, economic and legal knowledge shall form a negotiation team or a bidding team.

(4) Drafting the contract text. Should be based on the provisions of relevant laws and regulations and the specific requirements of the contract content, to achieve clear objectives, complete content, complete terms, clear responsibilities, strict and standardized terms. Where the relevant departments of the state, province and municipal government have printed format contracts, the contents of the contracts shall be determined in accordance with the requirements of the format contracts.

(5) legality review. Before the contract is formally signed, it shall be submitted to the legal institution of the unit or organize relevant experts to review the legality. The contract shall not be signed without legal review or unqualified review.

Ninth key projects of the county government or projects involving national interests and social interests, and the contract amount is more than 5 million yuan, should be submitted to the legal institution of the county government for legal review before the contract is signed.

In the name of the county government or the county government office, the legal institution of the county government shall organize relevant experts to review the legality.

Article 10 The legality review shall be conducted in written form, and the submitting entity shall be responsible for the authenticity and completeness of the submitted materials. The submitting unit shall submit the following materials: the identity certificate of the parties to the contract; Credit certificates of both parties to the contract; Contract text and relevant legal documents.

Article 11 Where it is necessary to handle legal affairs such as examination and approval of matters involved in the contract, contract registration and filing or contract notarization, it shall be handled according to law or in accordance with the contract. Article 12 A contract shall generally have the following clauses:

(a) the name or name and domicile of the contract subject;

(2) Details of the subject matter of the contract or project;

(3) The rights and obligations of the parties to a contract;

(4) Time limit, place and method of performance;

(five) the calculation method of liability for breach of contract and compensation for losses;

(6) Conditions for alteration, rescission and termination of the contract;

(seven) the way to solve the contract dispute;

(8) conditions for entry into force and date of conclusion.

Thirteenth administrative institutions in the conclusion of the contract, prohibit the following acts:

(a) by fraud, coercion, malicious collusion and other illegal means to conclude a contract;

(two) beyond the scope of authority of administrative institutions to make commitments or mandatory provisions;

(three) using the contract to convert shares at a low price or transfer state-owned assets at a low price for free;

(four) the use of contracts, subcontracting, subcontracting, to seek illegal benefits;

(5) monopolizing business by contract, restricting competition and undermining the fair competition order in the market;

(six) in violation of the provisions of the "People's Republic of China (PRC) Guarantee Law", directly or indirectly provide guarantees for other economic organizations or individuals in the name of administrative organs;

(seven) other violations of laws, regulations, rules or the use of contracts to endanger the public interests of the state and society.

Article 14 When concluding a contract, an administrative organ shall pay attention to the following matters:

(a) a comprehensive understanding of the assets, qualifications, credit and performance ability of both parties to the contract; {Contract management system of administrative institutions}.

(2) When choosing the contract dispute settlement method, Linyi Arbitration Commission is preferred for arbitration, and China laws and arbitration rules are applicable to foreign-related contracts;

(3) The time limit for the performance of the contract shall be specified, and the contract modification and termination clauses shall be established. If it is difficult to perform the contract due to changes in national policies and laws, local planning adjustments, local major municipal engineering projects, etc., the contract will be unconditionally changed or terminated;

(four) involving the lease of state-owned assets, the contract period is not more than five years;

(five) involving state secrets and commercial secrets, should do a good job of confidentiality.

Fifteenth legal institutions of administrative institutions shall conduct legal review of the contract from the following aspects:

(a) the qualifications, qualifications and performance ability of the contract subject;

(2) the legality and rationality of the contents of the contract;

(3) Normality of the contract text;

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