general rule
Article 1 In order to prevent market risks and legal risks, improve the economic benefits of enterprises, and reduce disputes caused by irregular operation in the process of contract signing and performance, this management system is 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 the Company.
Article 3 The legal department of the company is the contract management organization of the company. Under the leadership of the general manager, it has the following functions: Chapter I General Provisions Article 1 is to guard against market risks and laws.
1, responsible for revising and improving the company's contract management system and guiding all departments to formulate implementation measures for contract management;
2. Be responsible for formulating the format text of the company's personal use contract; According to the Contract Law of People's Republic of China (PRC) and relevant regulations.
3. Be responsible for answering legal questions about contract signing and performance;
4. Review major and important contracts with relevant departments of the company and issue review opinions;
5. Supervise and inspect the contract signing, performance and management of various departments; According to the Contract Law of People's Republic of China (PRC) and relevant regulations.
6. Participate in the investigation and handling of contract disputes and formulate solutions;
7. Be responsible for filing the company contract text.
Second, Lv Zhang risks to improve the economic benefits of enterprises and reduce the number of contracts signed due to contracts.
Article 4 When signing a contract, the right to negotiate and the right to examine and approve are relatively independent and mutually restricted. The manager, auditor and approver shall perform their respective duties and be responsible for the division of labor. Any contract must be reviewed by the review procedure before it can be approved for signing.
Article 5 The Company implements the system of authorization of legal representative. When signing the contract, the company should first obtain the power of attorney and sign the contract within the scope of authorization. Chapter I General Provisions Article 1 is to guard against market risks and laws.
Article 6 Before signing a contract, the manager shall verify the valid certificate of the other party, verify the qualification of the subject, understand its credit status, review the agency authority of the manager of the other party, and review the authenticity and legality of the information provided by the other party.
Article 8 When signing contracts with foreign countries, the company shall use standard texts. If the above conditions are not met, it must also be in the form of contract, and oral agreement and informal written form are strictly prohibited.
Article 9 The agent shall submit the contract text and relevant materials to the legal department of the company. The company's legal department will review the contents of the contract with relevant departments within the prescribed time limit and put forward written review opinions. Legal risks, improve the economic benefits of enterprises and reduce the signing of contracts.
If there is any doubt about the examiner, the agent shall fully explain it. Managers should pay attention to the amendments put forward by examiners and improve them through consultation. At the request of the examiner, the agent has the responsibility to supplement the relevant materials.
Article 10 The approver decides to approve the contract according to the reviewer's comments.
Third, Lv Zhang risk, to improve the economic benefits of enterprises and reduce the performance risks arising from the signing of contracts.
Article 11 After a contract is signed according to law, it is legally binding. The performance department must earnestly perform the contract to ensure its credibility.
Article 12 If the other party breaches the contract during the performance, the performance department shall immediately find out the situation, carefully and steadily collect evidence, and submit a claim report to the other party in a timely, reasonable and accurate manner. According to the Contract Law of People's Republic of China (PRC) and relevant regulations.
When we receive the other party's claim report, the performance department shall immediately notify the company's legal department, and * * * will agree to the corresponding measures.
When force majeure, third-party interference and accidents occur during the performance, the performance department shall immediately notify the other party, find out the reasons and solve them in time. And collect relevant evidence.
Article 13 The performance department shall establish a ledger according to the performance of the contract, and be responsible for keeping written visas, letters and other materials. Disputes caused by irregular operation during the performance.
Fourteenth in the process of contract performance, it is really necessary to sign a supplementary agreement or change or terminate the contract, the performance department shall handle it in accordance with the procedures for signing contracts in Chapter II of this management system.
Fifteenth after the completion of the contract, the performance department shall designate a person to be responsible for solving the remaining problems, and specify the settlement period. If it is determined that it cannot be solved within a time limit, it should be reported to the company leader immediately, and the company leader will designate relevant departments to cooperate with the solution and put forward specific plans.
Chapter IV Contract Text Management, in accordance with People's Republic of China (PRC) Contract Law and relevant laws and regulations.
Article 16 After the contract is signed, the agent shall report the contract text and relevant materials to the company's legal department for the record.
Article 17 After the contract is completed, the performance department shall promptly hand over all supplementary agreements, meeting minutes, faxes, telephone records, visas, claim reports, contract ledgers and other materials related to the contract to the company's legal department.
Article 18 The legal department of the company shall do a good job in filing the contract text and related materials and report the contract management to the management of the company on a regular basis. Chapter I General Provisions Article 1 is to guard against market risks and laws.
Chapter V Responsibility and Reward and Punishment
Article 19 For the following acts that seriously damage the interests of the company, the company will investigate the civil and criminal legal responsibilities of the relevant personnel and demand them to bear all the losses:
1. Chapter I General Provisions In order to prevent market risks, accepting bribes in the process of signing and performing French contracts, maliciously colluding with others and betraying the interests of the company;
2. In the process of signing and performing the contract, the company has serious negligence, which has caused huge economic losses to the company;
3. Other intentional violations of this management system. Legal risks, improve the economic benefits of enterprises and reduce the signing of contracts.
Article 20 In case of serious violation of this management system, the company may require the relevant personnel to bear part of the losses in addition to disciplinary action.
Article 21 All employees of the company have the right to report and expose acts that violate this management system and harm the interests of the company. If the report or exposure is true, the company will not only give the employee a certain material reward, but also keep it confidential.