In order to strengthen contract management, avoid mistakes and improve economic benefits, combining with the actual situation of the company, it is helpful for the normal operation and optimized management of the company to formulate a contract management system that conforms to the actual situation of the company. The following is the specific content of the Detailed Rules for the Implementation of Contract Management compiled by me for you. You are welcome to learn from it.
Chapter I General Provisions
Article 1 In order to strengthen contract management and standardize management procedures, the detailed rules for the implementation of this contract management (hereinafter referred to as the "Rules") are formulated in accordance with the Contract Law of People's Republic of China (PRC) and relevant laws and regulations, and in combination with the actual situation of the company.
Article 2 All relevant departments must work together to form a joint force, conscientiously implement these detailed rules, abide by national laws and regulations, and implement the principles of equality, mutual benefit, consensus and equal value and compensation. Anyone who violates the regulations and causes losses to the company must be held accountable.
Article 3 The contracts referred to in these Detailed Rules include design, sales, procurement and maintenance contracts, but do not include labor contracts.
Article 4 Except for immediate settlement, the contract shall be in written form, such as documents, charts and faxes. The modification of the relevant contract shall be an integral part of the contract.
Article 5 The legal department of the company is fully responsible for contract management according to the authorization of the general manager, and guides and supervises the contract signing and performance of relevant departments.
Chapter II Contract Review
Article 6 The Information Review Form (see Annex 1 for details) is the prerequisite for the company to sign the contract, the only basis for the company to handle the order, and reflects the main rights and obligations of both parties to the purchase and sale contract.
Article 7 The person in charge must confirm the modification and alteration of the information audit form in writing, and it is strictly forbidden to make any modification by telephone or orally. In case of special circumstances, it should be confirmed in writing the next day, and the management department is responsible for supervision.
Article 8 Before concluding a contract, it is necessary to know and master the business qualification and credit standing of the other party, obtain a copy of the business license of the other party, and affix the official seal consistent with the company name on the copy of the business license. No unit without business qualification and credibility may conclude a contract with it.
If the other party is a self-employed or natural person, he shall obtain a copy of his signature ID card.
Article 9 Before concluding a contract, the information evaluation form must be filled in carefully, indicating the name of the customer, the total contract amount, the specific payment date and amount, and the model and quantity of the subject matter.
Article 10 Before signing the contract, the person in charge of the sales contract shall provide the floor plan or pipeline layout confirmed by the customer.
Article 11 The data review form shall be accompanied by a copy of business license or ID card, as well as a plan or pipeline layout, and submitted to the company for contract review.
Article 12 The approval process of the data review form is as follows: the expenses shall be calculated by the management department, the contract form shall be reviewed by the legal department, and approved by the sales director, business director and general manager.
Article 13 The contract administrator shall establish the basic customer information after the business director signs the Information Review Form.
Chapter III Formation of Contracts
Article 13 Except the legal representative of the company, anyone else must obtain the written authorization of the legal representative before concluding a written contract.
Article 14 The authorization for signing contracts with foreign countries can be divided into two ways: regular authorization and business authorization. Sales personnel designated by the legal representative shall be authorized on a regular basis, and other general personnel shall be authorized by business.
Article 15 The authorization matters shall be managed by the general affairs department of the company, and the authorized personnel shall go through the registration formalities, receive and fill in the power of attorney, and the authorization shall take effect after being signed by the legal representative of the company and stamped with the official seal.
Article 16 It is strictly forbidden to stamp the blank text of the contract signed with foreign countries. In principle, it can only be signed and stamped after the other party signs and stamps. It is forbidden for us to sign and seal with each other by fax or letter. If there are exceptions, it must be approved by the minister.
Article 17 If the text of a single contract reaches more than two pages, it shall be stamped with the seal of riding seam.
Article 18 After the seal of the contract comes into effect, it shall be submitted to the contract administrator for number registration according to the specifications determined by the company.
Article 19 In principle, we must have at least two copies of the contract. The text and copy of the contract shall be kept by the finance department, legal department and specific business departments, and the original shall be filed by the finance department and legal department.
Twentieth non written contract substitution list is also regarded as a written contract, and should be numbered uniformly.
Chapter IV Performance of the Contract
Article 21 After a contract is concluded according to law, it has legal effect and should be fully performed.
Article 22 The Legal Affairs Department shall establish contract accounts according to the contract number, with one account for each contract, which shall be recorded separately according to the business progress.
Article 23 In case of performance difficulties or breach of contract during the performance of the contract, the relevant departments shall notify the legal department of the company in time, and the legal department shall fill in the risk early warning form and report it to the relevant leaders of the company.
Article 24 If the name of the payer is inconsistent with the name of the other party to the contract, the management department shall urge the person in charge of the business to require the payer to issue a payment voucher.
Article 25 During the performance of the contract, if the other party of the contract requires an invoice to be issued before payment, the person in charge must first fill in the debit note, and after the customer's name and face value are confirmed by the management department and the finance department, the director of the management department will sign and agree, and then the invoice will be issued to the finance department.
If the other party of the contract requires our company to issue a full invoice and fails to pay the full amount, the person in charge must fill in the "Full Invoice Receipt" and "Full Invoice Receipt".
Article 26 The person in charge of the business shall ask the legal department for the full invoice receipt, and the person in charge of the legal department shall check with the financial department, fill in the registration and hand it over to the specific person in charge. The person in charge shall submit the receipt signed and sealed by the customer to the Legal Department for filing within five working days at the latest.
Article 27 The person in charge of the business shall send the contract signed and effective by both parties back to the company management department before delivery, otherwise the delivery will be suspended.
If the customer can't send it back to the company before delivery, he should fill in the delivery notice two days before the delivery date and implement it after being signed by the sales director.
Article 28 During the performance of the contract, if the customer's payment is due for more than three months, the person in charge of the specific business shall require the customer to confirm the final payment and affix the customer's official seal or special financial seal.
Article 29 During the performance of the contract, the relevant personnel shall properly manage the contract materials, establish the borrowing and collection system of important original materials such as contract technical materials and charts, and ensure the integrity of the contract.
Chapter V Modification and Termination of the Contract
Article 30 During the performance of the contract, if both parties to the contract change the original contents of the contract, such as the arrival address, increase or decrease of engineering quantity, change of installation period, change of payment method and amount, they must sign a change agreement with the customer and affix the official seal or special seal for the contract. As an annex to the contract, the change agreement is an important part of the contract file management and has the same legal effect as the original contract.
Article 31 The change or dissolution of a contract must be approved by the heads of relevant functional departments such as the management department and the legal department and the heads of business departments in accordance with the contract conclusion process.
Article 32 After the contract is changed, the contract number shall not be changed.
Chapter VI Settlement of Contract Disputes
Article 33 In case of any dispute with the other party during the performance of the contract, the person in charge of the business shall be responsible for handling it. The person in charge must be specifically responsible for the handling of disputes.
Article 34 Where both parties reach an agreement on a contract dispute, the written agreement shall be signed by the representatives of both parties, and stamped with the official seals of both parties and the special seal for the contract.
Article 35 Concession agreements and other agreements involving the final payment shall be handled in accordance with the contract examination and approval authority. (commercial responsibility? Regional sales director? Sales director? Minister of Commerce).
Article 36 A contract dispute requiring legal aid may apply to the Legal Affairs Department for assistance.
Article 37 The procedures for submitting a contract dispute to the Legal Affairs Department are as follows:
1. The person in charge fills in the lawsuit application.
2. After receiving the litigation application form, the Legal Affairs Department forwards it to the leader for approval according to the procedure.
3. The person in charge of the legal department verifies the name of the unit and the details of payment, makes relevant litigation documents and seals them for approval.
Article 38 The person in charge of each region shall be responsible for tracking or fulfilling the agreement signed by both parties to resolve contract disputes.
After the conciliation statement and arbitration statement of the relevant competent authority or arbitration institution come into effect, the Legal Affairs Section will designate a special person to be responsible for tracking or fulfilling the implementation of the document.
Article 39 Customers who are not expected to fulfill the contract dispute settlement agreement signed by both parties shall be handled by the business person in charge according to Article 35;
If the other party fails to perform the legally effective mediation, arbitration decision or judgment within the time limit, the legal department shall apply to the people's court for execution in accordance with the procedures prescribed by law.
Fortieth, the agreement signed with the other party to resolve contract disputes and other related materials shall be submitted to the Legal Department for unified summary and filing.
Chapter VII Contract Management
Article 41 The Legal Department shall be responsible for the management and summary of the company's commercial and procurement contracts, and the Management Department shall specify the regulations on the management of special seals for contracts, and designate special personnel to be responsible for them.
Article 42 The person-in-charge of the unit and its principal shall be specifically responsible for signing, performing and supervising the contract within their respective authorized scope.
Article 43 The main responsibilities of the Contract Management Legal Department are:
1, responsible for managing various contracts of the company;
2, responsible for checking the legality, rigor and feasibility of all kinds of contracts, the implementation of legal supervision; Responsible for reviewing the contracts approved or signed by the company, supervising the contracts signed by various departments of the company, and providing legal aid;
3, responsible for legal training, examination, improve the legal quality of the client and related personnel;
4. Summarize and exchange experiences and lessons to improve the contract management level;
5. Cooperate with contract approval, witness, verification and notarization;
6. Cooperate in handling contract disputes;
7. Participate in the negotiation, signing and performance of relevant contracts;
8. Designate special departments and personnel to be responsible for the basic management of the contract. Contract managers should be trained regularly and their work should not be checked regularly.
9. Establish contract files and manage them in strict accordance with the Detailed Rules for the Implementation of Contract Management.
10. Establish a contract management account. According to the different types of contracts of various departments, establish contract classification accounts and general accounts (see Annex II Contract Management Accounts for details). The account should be filled in daily, so as to be accurate, timely and complete.
Article 44 The obligations of all departments of the company to assist in the contract management of legal courses are:
1. Be responsible for keeping all the information of the contract signed by me and submitting it to the Legal Department for filing in time according to the detailed rules for implementation;
2. Submit the original contract and its attachments, amendment agreement, concession agreement, repayment plan, final payment confirmation, full invoice receipt and other documents of legal significance to the performance or amendment of the contract to the Legal Department;
3. The delivery department forwards the arrival document once a month;
4. Foreign personnel shall submit the original legal documents mentioned in the preceding paragraph to the Legal Department within five working days after the signing of the contract, and local business personnel shall submit them within two working days after the signing of the contract;
Article 45 If the company fails to handle the contract matters according to the regulations, fails to report the situation in time, and loses relevant contract materials, thus causing losses to the company, it shall be investigated for economic responsibility.
Article 46 If the company suffers heavy losses due to intentional or gross negligence, it shall be transferred to the relevant state organs for legal responsibility.
Chapter VIII Supplementary Provisions
Article 47 these measures are applicable to all departments of XX co., ltd.
Article 48 The General Manager of the Company shall be responsible for the interpretation of these Measures.
Article 49 These Measures shall come into force as of the date of promulgation.
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