Detailed rules for the implementation of Jiangsu Province's contract management measures

Detailed rules for the implementation of Jiangsu Province's contract management measures

"Jiangsu Province Contract Management Measures" was promulgated. The following are the implementation rules collected by Contract Law Network for your reference only!

Detailed Rules for the Implementation of the Measures for the Administration of Contracts in Jiangsu Province Article 1 In order to protect the national interests, social public interests and the legitimate rights and interests of the parties, and maintain the order of market transactions, these Measures are formulated in accordance with the Contract Law of People's Republic of China (PRC) and relevant laws and regulations, combined with the actual situation of this province.

Article 2 These Measures shall apply to contracts concluded or performed within the administrative region of this province.

The term "contract" as mentioned in these Measures refers to the agreement between natural persons, legal persons and other organizations with equal subjects to conclude, change and terminate the relationship of civil rights and obligations for certain economic purposes.

Article 3 The administrative department for industry and commerce and other relevant administrative departments shall, within their respective functions and powers, be responsible for supervising and handling the illegal acts of using contracts to endanger the public interests of the state and society, and investigating and punishing the illegal acts of using contracts according to law.

Article 4 the administrative department for industry and commerce and other relevant administrative departments shall strengthen the management of enterprise contracts and guide enterprises to develop enterprise contracts? Valuing contracts and keeping promises? The activity of providing credit information service for the contract credit status of enterprises.

Article 5 When concluding a contract, the parties advocate the use of model contracts published by the state and the province.

The administrative department for industry and commerce is responsible for the implementation and management of the model contract text.

Article 6 Where a contract is concluded by standard clauses, the standard clauses shall not contain the following contents:

(1) Exempting or restricting the contractual obligations that the standard terms provider shall undertake according to law;

(2) Exempting or limiting the legal liability that the provider of standard terms may bear for personal injury to the other party;

(3) Exempting or limiting the responsibility of the provider of standard terms for causing the property loss of the other party due to intentional or gross negligence;

(4) Exempting or limiting the responsibility of the provider of standard terms for causing property losses to the other party due to intentional or gross negligence.

(5) Exempting or limiting the guarantee or warranty responsibility of the standard terms provider for the products or services provided by it, or shortening the legal warranty period of the products;

(6) Providing that the provider of standard terms can arbitrarily change or terminate the contract, delay or stop the performance of the contract;

(7) stipulating that the other party can only exercise its contractual rights with the consent of the provider of standard terms or his agent;

(eight) to exclude or restrict the other party's right to change or terminate the contract according to law;

(nine) the price of the products or services provided by the standard terms provider rises unreasonably, and the other party continues to perform the contract;

(10) stipulates that only the provider of standard terms has the right to interpret the contract;

(eleven) other contents that exempt the provider of standard terms from responsibility, increase the responsibility of the other party, and exclude the other party's main rights.

Article 7 The term "standard clauses" as mentioned in these Measures refers to clauses drawn up in advance by one party to the contract for repeated use without consulting the other party when concluding the contract.

Commercial advertisements, notices, statements, shop notices, vouchers, documents, etc. that conform to the provisions of the offer and the preceding paragraph shall be regarded as standard terms.

Article 8 Where the standard clauses contain the contents of exempting or limiting their own responsibilities, the provider shall express them in clear words in the contract text and mark them in a striking way, and draw the attention of the other party before concluding the contract, and explain the clauses according to the requirements of the other party.

Notices, statements, store notices, etc. It should also be located in a conspicuous position.

Article 9 Where the following contracts contain standard clauses, the supplier of standard clauses shall file the contract with the administrative department for industry and commerce within 10 days from the date of use of the contract text, except those identified as standard clauses in accordance with the provisions of the second paragraph of Article 7 of these Measures:

(a) housing sales, housing intermediary, residential decoration, property management contracts;

(two) power supply, water supply, heating and gas supply contracts;

(3) Travel and auction contracts;

(4) Cable TV and telecommunication service contracts;

(five) the provincial administrative department for Industry and commerce to safeguard national interests and social interests, including standard terms.

Other contracts.

Where the contents of the recorded contract text need to be changed, the provider of standard terms shall re-submit the changed standard terms to the administrative department for industry and commerce for the record.

For vertically managed industries below the provincial level, the filing organ of contract format clauses is the provincial administrative department for industry and commerce; The filing organ for contracts in other industry formats is the administrative department for industry and commerce at its domicile. The contract text filed by the superior department shall not be filed repeatedly.

The recorded contract text should be marked in the upper left corner of the cover of the contract text? Have you filed it? Words. The use of the model contract text issued by the state and the province does not need to be filed.

Article 10 If the competent commercial authority finds that the standard clauses of a contract violate the provisions of these Measures after filing and examination, it shall, within 20 days from the date of receiving the filing materials, put forward written amendments to the standard clauses provider. The provider of standard terms shall modify the standard terms of the contract within 20 days from the date of receiving the modification opinions.

If the provider of standard terms has any objection to the revision, it may submit a written statement or a request for hearing to the administrative department for industry and commerce within 10 days from the date of receiving the revision opinion.

Where the provider of standard terms makes statements and defenses, the administrative department for industry and commerce shall make a written reply within 30 days from the date of receiving the statements and defenses; Where a hearing is requested, the administrative department for industry and commerce shall organize a hearing within 30 days from the date of receiving the hearing request.

Article 11 Where the administrative department for industry and commerce organizes a hearing, it shall notify the provider of standard terms and other interested parties of the time and place of the hearing seven days before the hearing is held.

When the commercial administrative organ holds a hearing, it shall invite relevant administrative departments, consumer associations, industry organizations, scholars and consumer representatives to participate.

The commercial administrative organ shall, within fifteen days after the hearing, make a decision on whether to modify the terms of the contract format.

Article 12 If the administrative department for industry and commerce determines that the format clauses of the contract need to be revised in the publicity or hearing, the provider of the format clauses shall revise the format clauses of the contract within 20 days from the date of receiving the written reply from the administrative department for industry and commerce or the hearing decision.

Article 13 The parties to a contract shall not adopt the following fraudulent means:

(1) Forging a contract;

(2) making up the subject matter of a contract, or entering into a contract by misappropriating or fraudulently using another person's name;

(three) fictional subject matter, sales channels or counterfeit underwriting and recycling products;

(4) Deliberately delivering part of the goods (payment) to defraud the whole payment (payment), or defrauding the payment (payment) and refusing to deliver the goods (payment);

(five) the use of false advertisements and information, to lure the signing of the contract, to defraud the agency fees, project fees, training fees, quality deposits and other expenses;

(6) The ordering party suspends the performance of the contract without justifiable reasons, and defrauds the collected down payment, quality deposit, performance bond, advance payment, material fee and other expenses. Or refuse to pay the processing fee;

(7) Using bills and creditor's rights certificates that cannot be cashed or fully cashed;

(8) Providing false guarantee for the contract;

(nine) illegal possession or disposal of the other party or the guarantor's shopping goods, and failure to perform the contractual obligations;

(10) Setting terms that cannot be performed in fact, so that the other party cannot perform the contract;

(eleven) to conclude a contract with others who have no actual performance ability;

(12) Other acts of concluding or performing a contract by fraudulent means.

Article 14 The parties to a contract shall not take the following measures that endanger the national interests and social public interests:

(1) reselling commodities whose sale is prohibited or restricted by the state by using contracts;

(2) illegally occupying state-owned assets through contracts;

(3) Malicious collusion by using contracts;

(4) using legal contract forms to cover up illegal purposes; (5) Concluding a contract by means of fraud or coercion; (six) illegal contracting, illegal subcontracting, subcontracting construction projects; (seven) the use of bribery to conclude and perform contracts to defraud state-owned assets'; (eight) other use of the contract to harm the national interests and social public interests.

Article 15 No unit or individual may provide certificates, business licenses, seals, accounts, vouchers and other convenient conditions for others to commit the illegal acts listed in Articles 13 and 14 of these Measures.

Article 16 The service promises made by campers in written form or publicly through mass media outside the contract shall be regarded as an integral part of the contract. Those who violate the service promises shall be liable for breach of contract.

Article 17 If there is any dispute over the understanding of standard terms, it shall be interpreted according to the usual understanding. If there are more than two interpretations of the standard terms, an interpretation that is not conducive to the provider of the standard terms shall be made. If the standard terms are inconsistent with the non-standard terms, the non-standard terms shall be adopted.

Article 18 The administrative department for industry and commerce shall publicize the text of the filing contract containing standard clauses on the Internet. For labor contracts and other contracts with promotional value, the administrative department for industry and commerce shall, jointly with other departments, formulate a model contract text, popularize it in the whole province, and provide free downloads on the Internet for the parties to choose to use.

Article 19 A provider of standard terms shall not arbitrarily change the text of a contract for record containing standard terms, or use an unregistered contract as a contract for record.

Article 20 Enterprises, individual industrial and commercial households and agricultural producers and operators who mortgage their existing or future production equipment, raw materials, semi-finished products and products shall, after signing the chattel mortgage contract, voluntarily register the mortgaged property with the industrial and commercial administrative authorities at the mortgagor's domicile. The administrative department for industry and commerce shall, according to the requirements of the parties, handle the registration of chattel collateral according to law. Article 21 The administrative department for industry and commerce and other relevant administrative departments shall supervise and manage the activities related to the conclusion of contracts such as bidding and auction according to law.

Article 22 Upon the application of the parties, the administrative department for industry and commerce may mediate contract disputes.

Article 23 The administrative department for industry and commerce and other relevant administrative departments shall have the right to exercise the following functions and powers when investigating and handling contract violations:

(a) ask the parties, interested parties and witnesses;

(2) To consult, extract and copy relevant contracts, invoices, account books, vouchers, business correspondence and other relevant materials in accordance with the provisions of laws and regulations;

(3) Investigating illegal acts and activities related to the contract; Register and preserve evidence and property related to illegal acts in advance;

(4) Other functions and powers as prescribed by laws and regulations.

When the administrative department for industry and commerce and other relevant administrative departments exercise their functions and powers, the relevant units and individuals shall cooperate, truthfully provide relevant information and materials, and shall not transfer, conceal or destroy relevant evidence and property.

Article 24 If the parties collude maliciously and use the contract to harm the national interests and social public interests, the property obtained shall be nationalized by the administrative department for industry and commerce or other relevant administrative departments or ordered to be returned to the relevant collectives or individuals.

If one party to a contract violates the contract and causes losses to the interests of the state and society, and the other party refuses to pursue it, the administrative department for industry and commerce or other relevant administrative departments have the right to investigate and deal with it, and may order the breaching party to pay liquidated damages or compensation; If liquidated damages and compensation cannot be given to the parties concerned, they shall be turned over to the state treasury.

Twenty-fifth in violation of the provisions of Article 6, Article 8, Article 9, paragraph 1, paragraph 2, Article 10, paragraph 1, Article 12 and Article 19 of these measures, the administrative department for industry and commerce shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of ten thousand yuan shall be imposed.

Twenty-sixth in violation of the provisions of article thirteenth of these measures, the administrative department for Industry and commerce or other relevant administrative departments shall order it to return the defrauded property, and may impose a fine of not more than thirty thousand yuan.

Twenty-seventh any of the acts listed in Items (1) to (5) and (8) of Article 14 of these Measures shall be given a warning by the administrative department for industry and commerce or other relevant administrative departments; Depending on the seriousness of the case, a fine of thirty thousand yuan shall be imposed. Twenty-eighth acts in Item (6) of Article 12 of these Measures shall be punished in accordance with the Regulations on Quality Management of Construction Projects.

Article 26 Whoever commits the act in Item (6) of Article 14 of these Measures shall be punished in accordance with the provisions of the Anti-Unfair Competition Law of People's Republic of China (PRC).

Thirtieth in violation of the provisions of article fifteenth of these measures, shall be given a warning by the administrative department for Industry and commerce or other relevant administrative departments; Depending on the seriousness of the case, a fine of not more than 10,000 yuan shall be imposed.

Thirty-first in violation of the provisions of the second paragraph of article eighteenth of these measures, the administrative department for Industry and commerce or other relevant administrative departments shall order it to make corrections, and if it refuses to make corrections, it shall be fined not more than ten thousand yuan.

Article 32 If a party refuses to accept the decision on administrative punishment, it may apply for administrative reconsideration or bring an administrative lawsuit according to law. If it fails to apply for administrative reconsideration or bring an administrative lawsuit within the time limit and fails to perform the decision on administrative punishment, the administrative organ that made the decision on punishment shall apply to the people's court for compulsory execution.

Article 33 The staff of the administrative department for industry and commerce and other relevant administrative departments shall supervise and manage the contract according to law, and shall not neglect their duties, abuse their powers or bending the law. Offenders are given criticism, education or administrative sanctions depending on the circumstances; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 34 These Measures shall come into force as of the date of promulgation.

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