Measures of Yueyang Municipal Government on Contract Management

Chapter I General Provisions Article 1 In order to standardize the management of government contracts, prevent contract risks, ensure the safety of state-owned assets and financial funds and the sustainable and effective utilization of natural resources, and safeguard national interests, public interests and the legitimate rights and interests of the parties to contracts, according to the Property Law of People's Republic of China (PRC), the Contract Law of People's Republic of China (PRC), the Procurement Law of People's Republic of China (PRC) and other relevant laws and regulations, Refers to the legal documents such as contracts, agreements, letters of commitment, letters of intent, memorandums, etc. concluded by the Municipal People's Government and its departments as a party in administrative management, public services and civil economic activities. Specifically including:

(a) urban infrastructure construction, leasing, contracting, hosting, lending, buying and selling, property management contracts;

(two) the license contract for the use of state-owned natural resources, the contract for the transfer, transfer, lease and contracting of state-owned natural resources, and the license contract for the use of state-owned intangible assets;

(three) the franchise contract of urban public utilities;

(four) government procurement contracts, government and social capital cooperation (PPP) contracts;

(five) all kinds of economic, scientific and educational, financial and other strategic cooperation agreements;

(six) administrative expropriation and compensation and resettlement contracts, administrative expropriation contracts;

(7) Other government contracts. Article 3 Government contracts are divided into major government contracts and general government contracts.

The main government contracts include:

(a) the government contract signed by the Municipal People's Government as a party;

(two) the government contract signed by the working department of the Municipal People's Government as one party with the subject matter exceeding 50 million yuan;

(three) the government contract signed by the working department of the Municipal People's Government as a party involving matters listed in national, provincial and municipal key projects;

(four) other government contracts signed by the working department of the Municipal People's Government as a party with significant social impact and significant public interests.

Government contracts other than major government contracts are general government contracts.

The negotiation, conclusion, performance, alteration and dissolution of major government contracts shall be attended, assisted or guided by the staff of the legal department of the Municipal People's Government or the part-time legal adviser of the government, and the legal institution of the government contract contractor (hereinafter referred to as the contractor) or the institution undertaking legal work (hereinafter referred to as the legal institution) shall also participate. Article 4 These Measures shall apply to the consultation, drafting, examination, conclusion, performance and dispute settlement of government contracts of the Municipal People's Government and its departments.

These measures are not applicable to the signing of government contracts by taking emergency measures to deal with emergencies. Fifth government contract management should follow the principles of clear rights and responsibilities, standardized procedures, legal content, timely handling and comprehensive supervision. Article 6 The legal department of the Municipal People's Government is the competent department of government contract management, and its main responsibilities include:

(a) to participate in, assist or guide the negotiation, conclusion, performance and dispute settlement of major government contracts;

(two) to review the legality of major government contracts, and issue review opinions in a timely manner;

(three) for the record review of general government contracts, found that there are legal risks or other major problems, timely risk warning;

(four) to supervise and inspect the conclusion, performance, dispute resolution and data archiving of government contracts;

(five) in conjunction with the municipal finance, auditing, development and reform departments, the contractor and other relevant departments and units for the annual assessment of contract management, and included in the annual assessment of the construction of a government under the rule of law;

(six) summarize and analyze the government contract management work and report to the Municipal People's government. Seventh Municipal People's government as a party to the government contract, the relevant functional departments or departments designated by the Municipal People's government as the undertaker; Each department of the Municipal People's Government, as a party to the government contract, shall undertake it by itself. The main responsibilities of the organizer include:

(a) responsible for the investigation, feasibility study and risk assessment of the contract project;

(two) responsible for the credit investigation and confirmation of the other party to the contract;

(three) to be responsible for the content consultation, text drafting and revision of government contract terms;

(four) to be responsible for the legality review of general government contracts, the review and submission of major government contracts, and the examination and approval of government contracts, in which the legality review is completed by its legal institutions;

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

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

(seven) responsible for the arrangement, filing and storage of contract documents. Article 8 The auditing department of the Municipal People's Government shall be responsible for auditing and supervising the financial revenue and expenditure during the performance of the contract.

The financial department of the Municipal People's Government is responsible for budget management, government procurement management, supervision and inspection related to government contracts.

The development and reform department of the Municipal People's Government shall be responsible for the examination and approval of major construction projects, major foreign investment projects and large-scale investment projects related to government contracts according to law; Guide and coordinate the bidding work before the signing of government contracts and other work related to government contracts according to law.