I. Contract management
Article 1 These Measures are formulated in order to ensure the integrity and unification of contract ledger data and standardize the management of various contracts in enterprises.
Article 2 Where a contract is signed in the name of a company, the contract manager shall establish a contract ledger in accordance with these Measures and report it to the Public Relations and Law Department for the record.
Article 3 The contract manager is the contact person and legal liaison person who signs the contract, and is responsible for the registration of the contract ledger, the collection and storage of data.
Article 4 Contract management personnel shall establish a contract ledger within three days after the contract is signed and takes effect, record and review major contracts, and assist the Legal Department in guiding and inspecting contract management.
Article 5 The contract ledger shall be in tabular form, and each contract shall be filled in and filed. Article 6 The contract account shall include the following contents:
(a) the name of the contract;
(2) the subject matter of the contract;
(three) the contents of the contract (including the subject matter, quantity, price or remuneration, time limit, place and method of performance, liability for breach of contract, dispute resolution and other matters that need to be stipulated);
(four) the performance of the contract (whether there is a breach of contract, disputes, litigation, etc.). And the completion time of the contract);
(5) Information attached to the contract;
(6) Other important contents that should be recorded.
Article 7 The following materials shall be attached to the contract account:
1, original or copy of the contract;
2, the other party's "business license of enterprise legal person" and a copy of the qualification certificate and other information;
3. The identity certificate of the legal representative of the other party, the power of attorney of the entrusted agent and the identity certificate of the agent;
4. Supplementary contracts, meeting minutes and letters;
5. Relevant important information.
Article 8 The contract account manager has the right to review the contract and its annexes. If problems such as inconsistent procedures, incorrect contents or incomplete materials are found, the contract signing personnel shall be required to take measures to correct or supplement materials in time to ensure that the signing and performance of the contract are legal and effective.
Article 9 When users or borrowers use or borrow contract account information, they shall go through the use or borrowing procedures and keep the contract information properly, and shall not be damaged or lost, and shall not be altered or replaced without authorization. After handling, the used or borrowed contract materials shall be returned to the contract account manager in time. Those who violate the provisions of the preceding paragraph and cause adverse consequences to the enterprise will be held accountable.
Article 10 These Measures shall be formulated and interpreted by the Ministry of Justice and shall come into force as of the date of promulgation.
Second, statistical management.
Chapter I General Principles
Article 1 In order to meet the needs of the company's enterprise development, further strengthen and improve the management level of this unit, constantly standardize enterprise management, and establish a contract statistics system.
The establishment of this system, according to the spirit of national statistical laws and regulations, combined with the relevant documents of the company.
Article 2 The basic requirements of statistical work are: to ensure the authority, accuracy and timeliness of contract data and serve the management and development of the company.
Article 3 Statistical data must be truthfully reported in accordance with the provisions of the Statistics Law and the Statistical System, and no false report, concealment, refusal or delay in reporting shall be allowed, nor shall statistical data be forged or tampered with.
Article 4 The leadership and supervision of statistical work shall be strengthened from the following aspects:
(a) to lead and support statistical agencies, statisticians and other relevant personnel to implement statistical laws and regulations, complete statistical tasks accurately and timely, and strengthen the modernization of statistical work;
(two) to absorb and organize statisticians to participate in the operation and management of enterprises, and to play the role of statistical service and supervision;
(three) to ensure the necessary personnel, working conditions and working hours for statistical work.
Chapter II Statistical Institutions and Statisticians
Article 5 The financial department shall set up full-time or part-time statisticians to establish and improve the internal statistical network of enterprises.
Article 6 The main duties of statistical agencies or persons in charge of statistics are:
(a) to organize and coordinate the statistical work of the unit, complete the statistical investigation tasks of various departments, and collect, sort out and provide statistical data;
(two) statistical analysis and statistical supervision of the production and operation of the unit;
(3) to manage the statistical investigation forms of their own units, establish and improve the statistical account system, and establish and improve the original record system in conjunction with relevant institutions or personnel.
Seventh statisticians must seriously study the statistical laws and regulations and strictly implement the statistical system; Study hard statistical business, master statistical work skills, be familiar with the meaning and accounting methods of various statistical indicators, and submit statistical data according to standardized procedures.
Three. Management and reporting of statistical data
Article 11 The statistical statements, figures and materials required by the government statistical department and other relevant departments of the company must be submitted on time, and the statistical materials provided must be reviewed, signed or sealed by the unit leader or the person in charge of statistics before being reported. Relevant financial statistics should be provided by financial accounting institutions or accountants, and audited, signed or sealed by the person in charge of financial accounting.
Twelfth statistical statements and financial statements must be true and reliable, and the scope of the same index and the accounting results must be consistent.
Four. Related legal responsibilities
Thirteenth reports and materials submitted by enterprises to the government statistical departments must be submitted in strict accordance with the relevant provisions of the National Bureau of Statistics and the Provincial Bureau of Statistics, verified by the relevant departments and approved by the general manager. If an enterprise is punished for violating laws and regulations, the responsibility of the relevant responsible person will be investigated and the responsibility of the relevant responsible person will be investigated according to the circumstances.
(a) in violation of the provisions of any of the following acts, given a warning, and shall be investigated for the responsibility of the relevant personnel:
1, falsely reporting or concealing statistical data;
2. Forging or tampering with statistical data;
3, refusing to report, repeatedly delaying the statistical data.
(2) According to the provisions of the National Bureau of Statistics, if the statistical data reported by enterprises have no accounting basis such as relevant original records, internal statements and statistical accounts, they shall be punished as forged statistical data.
(3) According to the regulations of the National Bureau of Statistics, if an enterprise delays reporting statistical data for more than three times in a statistical year, it will be punished for repeatedly delaying reporting statistical data.
(4) If enterprise leaders modify statistical data or fabricate false data by themselves, or force or instruct statistical institutions and statisticians to tamper with statistical data or fabricate false data, informed criticism will suggest relevant departments (units) to give corresponding punishment.
(5) If enterprise leaders take revenge on statisticians who refuse or resist tampering with statistical data, fabricating false data or making false reports or concealing statistical data, the relevant personnel shall be held accountable according to their circumstances.
(VI) If enterprise statisticians participate in tampering with statistical data or fabricating false data, the company will give informed criticism and suggest relevant departments to give corresponding punishment.
(seven) fines for violation of the statistics law shall be borne by the responsible person.
Verb (abbreviation of verb) file management
In order to further standardize the management of contract documents, improve the level of contract management, and gradually realize the standardization, institutionalization and scientificity of the company's contract management, this system is specially formulated.
1. The contract files referred to in this system refer to various agreements and contract texts (excluding labor contracts) formed by the company in its business activities.
Second, the contract documents management principles
1. The contract documents are managed by the company's finance department in a centralized and unified way to ensure the completeness, integrity and effective utilization of the documents.
2. The Finance Department appoints a special person to be responsible for the overall planning, coordination, organization, sorting and storage of all contract documents of the company, and is responsible for supervising and guiding the contract management of various departments.
3. The department that needs to conclude various performance agreements and documents in the name of the company is the contract undertaking department, and the contract undertaking department designates the undertaking unit according to the needs of the contract project. During the probation period, employees shall not act as contractors without the consent of the general manager's office.
Three. Measures for the administration of contract documents
1. Contract documents are classified and numbered according to the department name and the date, year and month of signing.
2. Contract numbering rules: initials of the undertaking department-year and month of contract signing (six digits)-serial number (three digits). For example: TGB-20 1102-001(February contract number of the promotion department1)
3. Contract management is based on the review and countersignature system of the undertaking department and relevant departments, and the undertaking department is fully responsible for the whole process of contract conclusion and performance. The person in charge of the undertaking department is the first responsible person, and the undertaker is the direct responsible person. If the general manager's office and the audit department fail to put forward relevant opinions, they shall bear corresponding responsibilities.
4. Relevant departments and general manager's office shall supervise and review the whole process of contract conclusion, performance, modification and dissolution according to their functions.
5. Each functional department in the company shall not make an offer, promise, sign a contract or a written document with performance in the name of an individual.
6. The contract undertaking department and the financial department shall establish contract ledgers respectively, and implement the responsibility system of performance tracking report. The performance of the contract and the original data must be kept by the finance department, and the undertaking department only keeps copies.
7. Clean up and check the saved contract documents once a year. If there is any loss or damage, find out the reason, deal with it in time, and investigate the responsibility of relevant personnel; Contracts and agreements that have been performed for more than two years (inclusive) shall be screened by the Finance Department and brought to justice.
8. The Finance Department should strengthen the statistical work of the contract files and prepare the contract statistics table according to the original records, so as to effectively query and utilize the contract files.
9. Employees of all departments can consult the contract documents in the Finance Department. If you need to borrow for consultation due to work needs, you must register before you can go through the relevant borrowing procedures in the finance department, and borrow it in a copy. The original contract shall not be borrowed without special circumstances.
10. The preservation conditions of the contract documents include fire prevention, moisture prevention and insect prevention measures to ensure the safety of the contract documents.
1 1. The borrower shall not alter, forge or tear up the contract files, and offenders will be punished according to the circumstances.
12. The classification of contract documents is confidential. No one is allowed to make the contract public without authorization, and offenders will be punished according to the situation.