2. According to the Provisional Regulations on Stamp Duty, both parties to the contract shall stamp or calculate and pay stamp duty in full. The Provisional Regulations on Stamp Duty and its detailed rules for implementation do not specify the tax payment place of stamp duty; Only the tax payment period is stipulated, that is, the decal is signed in the contract. Under normal circumstances, the local tax bureau where the project is located will ask you to pay stamp duty when issuing invoices. In the construction and installation project contract, stamp duty should be paid according to the contract amount and three ten thousandths of the decal or calculation.
Second, how to write the template of the small-scale construction contract?
Employer:
Contractor:
In accordance with the Contract Law of People's Republic of China (PRC), the Construction Law of People's Republic of China (PRC) and other relevant laws and administrative regulations, and following the principles of equality, voluntariness, fairness and good faith, both parties reach an agreement on the construction of this building project and conclude this contract.
I. Overview of the Project
1, project name:
2. Contract number:
3. Project location:
4. Project content:
5, the project cost:
Second, the construction period
1, the contractor shall complete all the work according to the time limit required by the employer.
Start date:
Date of completion:
Term of the contract: calendar days.
3. In any of the following circumstances, the construction period may be extended upon the visa of the Employer.
(1) Construction started due to the reasons of the Employer.
(2) Force majeure.
If the project cannot be completed according to the contract period due to reasons other than the above reasons, the contractor shall bear the liability for breach of contract and the losses caused thereby.
Third, the project quality and acceptance
1, quality standard.
2. The contractor shall organize the construction according to the construction drawings and specifications, relevant national construction specifications, acceptance specifications and the construction scheme confirmed by the Employer.
3. The contractor shall take full responsibility for the reliability and safety of the workers' operation, construction methods and technical measures on site. The contractor shall bear all the responsibilities for engineering quality accidents and rework caused by the contractor's responsibility, and its economic losses shall be borne by the contractor, thus causing delays in the construction period.
4. The contractor must accept the management of the employer in the construction process and go through the quality inspection formalities in time. The contractor shall provide complete process inspection data to the employer's representative according to the relevant provisions of the national completion acceptance.
Fourth, the project payment
95% of the price will be paid after the project is completed and accepted, and the remaining 5% will be used as quality deposit (returned without interest after the warranty period expires).
Verb (abbreviation of verb) material supply and equipment management
1. All materials shall be purchased by the contractor and used after being approved by the owner.
2. Mechanical equipment shall be provided by the contractor.
The responsibility of the employer is intransitive verb.
1, responsible for relevant construction procedures.
2. The owner appoints comrades as site representatives.
Seven, the contractor's responsibility
1, the contractor must be equipped with on-site management team during the construction to ensure the progress and quality of the project.
2. Abide by the employer's management system of quality, technology, safety and civilized construction, and accept the command, inspection and supervision of the employer's representative.
3. Make original records of construction, collect construction technical data according to the engineering data style and filling method required by the owner, and provide 2 sets to the owner.
4. The contractor appoints comrades as site representatives.
Eight, safe production and civilized construction
1, the contractor shall assign special personnel to manage construction electricity and construction machinery, and strengthen inspection during use to ensure safe use.
2, the contractor must organize the construction according to the requirements of civilized construction, so that the construction site is clean and tidy.
3, the contractor in the construction, should have strict safety measures, it is forbidden to throw objects at high altitude.
4, the contractor in the construction, such as personal and equipment accidents, all costs and aftermath, shall be the responsibility of the contractor, and bear the resulting economic losses to the employer.
Nine. others
1. This contract shall come into effect after being signed and sealed by both parties.
2. Number of copies of the contract:
(1) This contract is made in duplicate, with the same legal effect. The employer and the contractor each hold one copy.
(2) This contract is made in duplicate (one for the Employer and one for the Contractor).
X. Supplementary provisions:
Signature (Seal) of the Employer: Signature (Seal) of the Contractor:
Date of conclusion of the contract: year month day.
Third, the model construction contract here is the project.
General contractor: _ _ _ _ _ _ (hereinafter referred to as Party A), address: _ _ _ _ _, telephone number:
Subcontractor: _ _ _ _ _ _ (hereinafter referred to as Party B), address: _ _ _ _ _, telephone number:
Party A and Party B have reached an agreement, because Party A has signed a general contracting contract with the owner, and its detailed terms are listed in Schedule 1 as part of undertaking the general contracting project. Party A and Party B shall, based on the principle of good faith, fully and truly inform relevant parties of the terms and relevant facts of this general contract, and the subject matter of this contract provided by Party A shall be legal and effective. On a certain day in _ _ _ _ _ _ _ _
Article 1: Project name:
Article 2: Project Location:
Article 3: Project Scope: Annex II.
Article 4: Price
4. 1 Total project price: RMB Yuan only, in words (this item is the bid price, which is paid according to the actual engineering quantity and is the after-tax price), and Party B contracts the project and materials.
4.2 The settlement shall be made according to the comprehensive unit price in Jiangsu Province Unit Valuation Table in 2004. Unless otherwise agreed in the contract, the materials shall be settled according to the market information price of the current month.
4.3 The general contractor of the above quantities shall take% of the actual quantities price as the general contractor's management fee. Including but not limited to floating point, taxes, cooperation fees and other expenses. The management fee will be automatically deducted from each payment made by Party A. ..
4.4 Within 65,438+00 days after the commencement of this contract, Party B shall pay the quality deposit of RMB10,000.00 Yuan to Party A and return it to Party B within 65,438+05 days after the acceptance of the subcontracted project.
Article 5: Construction Period
5. 1 Commencement date:
5.2 Completion date: (subject to the completion report) Delivery date.
5.3 Total duration of the contract: days
5.4 Within 5 natural days after the signing of this contract, Party A shall notify Party B in writing to enter the construction site to start subcontracting. Party B shall work hard without delay.
Article 6: Terms of Payment
6. 1 Within 5 days after Party B enters the site, Party A shall pay Party B the mobilization construction fee of RMB.
Party B shall pay 75% of the progress payment of the first month's mobilization project within one month after the commencement 10 days. 75% of the monthly progress payment will be paid later, and 90% of the total project payment will be paid after the project acceptance. delete
Pay 5% within six months after the completion of the project.
6.2 Pay 5% within 20 days after the project is completed one year (this is the quality guarantee money).
6.3 The water and electricity charges shall be paid in advance by Party A, and the charges shall be deducted from the last project payment of Party B (the water and electricity charges shall be 50% of the mechanical charges after final accounts).
6.4 Party A's payment is not based on the invoice provided by Party B..
Article 7: Engineering Quality Standards
According to the standards stipulated in the design documents and relevant codes, the construction shall conform to the relevant national acceptance standards.
Article 8: Representatives
Party A shall designate one or two persons as the representatives of Party A, and the documents signed by them shall be regarded as the official documents of Party A, and the power of attorney of these persons shall be a part of this contract. If there is any change, Party A shall notify Party B in writing immediately after the change, and the losses caused by Party A's delay in notification shall be borne by Party A. ..
Article 9: Site Management
9. 1 Party B must strengthen the safety and vocational skills education of construction personnel to ensure safety, eliminate hidden dangers and put an end to all accidents in construction.
9.2 Strictly implement the management systems of the construction site, and the construction site must be civilized, and the garbage will be piled up and transported to the designated place after work. If it is not handled in time, Party A may deduct a fine of less than 2,000 yuan from the project payment of this period after being confirmed by Party B in writing. ..
9.3 Party B shall not fight or make trouble after entering the construction site. If the circumstances are serious, it shall be handed over to the judicial department for handling.
Article 10: Equipment, Materials, Access and Auxiliary Facilities
10. 1 Party A shall provide temporary places and temporary or permanent equipment for Party B to complete and maintain the subcontracted works.
10.2 all equipment and materials provided by party b used in this project shall be regarded as qualified products, except that party a immediately puts forward the nonconformity.
10.3 The place where Party B stacks the equipment shall be within the scope permitted by Party A, and shall not hinder the progress of the project and the smooth flow of streets. In order to enable Party B to carry out the construction smoothly according to the subcontract, Party A shall provide Party B with convenient measures to enable its equipment to enter part or part of its construction site.
10.4 During the construction of this project, Party A shall be responsible for providing temporary hydropower facilities at the construction site and related places, and Party A shall always pay attention to maintaining the safe and normal operation of transportation, electricity, communication, water supply, gas or other facilities.
Article 11: Engineering Insurance
Party B shall purchase insurance for its employees.
1 1.2 The insurance policy handled by Party A is the general principle for performing the general contract. If Party B should enjoy the benefits in the insurance policy, Party A should indicate or list the benefits enjoyed by Party B in the insurance policy and the schedule in this part.
1 1.3 Both parties must keep its validity until the subcontract works are completely completed.
1 1.4 In addition to proving that the construction period is prolonged due to force majeure or intentional or gross negligence of Party B, Party A shall pay the renewal fee.
Article 12: Design change
12. 1 Both parties may change their subcontracted projects according to the following conditions:
12. 1. 1 Matters to be reduced through consultation.
12. 10.2 For the benefit of Party A, Party B may notify Party A in writing of any change, increase or decrease10 days in advance.
12.2 For the increased or changed fees, Party B may set the price according to the relatively high price from the signing to the change.
For the reduction project of 12.3, Party A shall not only bear the loss of materials purchased by Party B, but also pay reasonable expenses to Party B..
Article 13: Project Extension
13. 1 If the completion date needs to be postponed, Party B may truthfully notify Party A of the project delay notice in writing within 3 days after the cause occurs, unless it can be proved that Party B intentionally caused the delay.
13.2 During the construction of this project, Party A may notify Party B to stop all or part of the work of this project.
Article 14: Acceptance
When the 14. 1 project is covered or concealed or reaches the intermediate acceptance position, Party A shall conduct acceptance within 24 hours after receiving the notice from Party B. ..
14.2 when the progress of this project reaches the completion or phased acceptance standard, Party B shall submit a written completion acceptance report. After being approved by the supervision engineer, it shall be accepted by Party A. ..
14.3 party b shall notify party a of the acceptance date in writing three days before the acceptance. If Party A cannot attend on time, it shall notify Party B in writing two days in advance, and the delay caused thereby shall be compensated according to Article 13 of this contract.
14.4 if party a fails to conduct acceptance or propose an extension within 3 days after receiving the notice from party b, the quantities listed in the bid-winning notice submitted by party b shall be deemed as accepted, and the notified acceptance date shall be regarded as the acceptance date, which shall be used as the basis for paying the contract price.
14.5 After the project is completed and accepted by Party A, Party B shall hand it over to Party A within 10 days. The date of acceptance is regarded as the transfer of ownership and related rights and obligations.
Article 15: Liability for breach of contract and damages
15. 1 If one party is under any of the following circumstances, the other party may terminate or dissolve this contract, and one party shall pay the other party a penalty of 10% of the total project price.
15. 1. 1 One party requests a reduction of 20% of the original contract amount.
15.10.2 one party requests to stop work15 days, unless it can be proved that it is force majeure or the other party's intentional or gross negligence.
15.10.3 One party is in danger of bankruptcy, bankruptcy or financial difficulties, or one party is obviously unable to pay the project payment.
15.2 when this contract is terminated or dissolved due to the above reasons, or other compensation events occur due to other reasons, one party can still claim compensation from the other party according to law.
15.3 In addition to proving that Party B intentionally fails to enter the site for construction on time, Party A shall also compensate Party B for liquidated damages of15,000 yuan.
15.4 in addition to proving that the shutdown or delay is caused by force majeure or party b's intention, party a shall pay compensation to party b at the rate of 100 yuan/day per person, and pay the expenses incurred by party b due to shutdown or delay, including but not limited to depreciation expenses of construction tools, site fees and management fees. Party A shall take the initiative to compensate Party B within 10 days after the suspension notice.
15.5 If Party A fails to pay the project payment, liquidated damages, compensation, etc. 3% of the total project price shall be paid as liquidated damages for each day overdue according to the time agreed in the contract.
Article 16: Settlement of disputes
If there is any dispute between Party A and Party B on the terms of this contract, both parties shall negotiate on an equal footing. If negotiation fails, it shall be under the jurisdiction of Xiangcheng District People's Court of Suzhou City.
Article 17: Other
17. 1 term of the contract: this contract shall come into effect after being sealed by both parties, and shall be terminated after the final payment is paid.
17.2 ContractNo.: This contract is made in quadruplicate, with Party A and Party B holding two copies respectively.
17.3 The original of this contract shall be sealed by both parties.
17.4 The address provided by one party is a deliverable address. If there is any change, it shall be notified in time; Otherwise, delivery at the address agreed in the contract shall be deemed as delivery.
attachment
1. Contents of the general contract signed by Party A and the owner (price terms are not required)
2. Party A shall provide a list of drawings and construction drawings approved by both parties.
3. List of facilities and materials provided by Party A.
4. Power of attorney of the person in charge designated by Party A.
(There is no text below)
Date of signature: year month day.
Party A:
Guarantor of Party A:
Party B:
The above is to introduce in detail the relevant knowledge about where to pay the stamp duty on construction contracts. The tax payment place of construction contract stamp duty can be determined by consulting the local competent tax authorities.