Zhuhai municipal government contract management
(May 27, 2013, Zhuhai city, the eighth executive session of the people's Government of the 21st through August 6, 2013 96th Zhuhai city people's Government promulgated as of September 6, 2013) Chapter I General provisions
First to standardize the Government contract management, effective protection of the legitimate rights and interests of the parties, preventing the contract risk, according to the People's Republic of China contract law and other relevant laws and regulations, combined with the city's actual, these measures are formulated.
Second municipal governments and their departments in the Government contract negotiation, drafting, reviewing, signing, execution and dispute resolution activities, these measures shall apply. Third Government contracts in these measures refers to municipal governments and their departments in the Administration, public services and economic activities, as one of the parties had signed contracts, agreements, undertakings and involving mutual rights and obligations of legal documents such as letter of intent, memorandum.
Specific types include the following:
(A) urban infrastructure such as State-owned assets (including intangible assets) of construction, leasing, Contracting, managed, lending, trading, property management contracts.
(B) land, forests, land, water, sea, beaches, minerals, sand and other State-owned natural resources use right according to law, transfer, lease and contract.
(C) after construction bids the Government contract, government procurement procedures, such as.
(D) the public utility franchise contracts.
(E) administrative expropriation and requisition, contract.
(Vi) financing, subsidies and contracts.
(VII) investment contracts.
(H) contracts involving the use of Government funds.
(IX) other government contracts.
Article fourth major government contract in these measures, including the following types:
(A) the subject-matter insured more than RMB 10 million yuan of government contracts.
(B) matters covered included or to be included in the national, provincial and municipal Governments focused on projects, government contracts for major projects.
(C) social impact and other government contracts of significant public interest.
Article fifth municipal governments and their departments shall establish a system of Government to review the legality of the contract.
Sixth Government contract formation and performance follows the principles of honesty, lawfulness and fairness, and ensure the safety of State-owned assets, financial capital, natural resources, efficient use of public resources.
Chapter II conclusion and performance of the contract Article seventh in contract negotiations and in the drafting process of the Government, host Department should be required to offer credit based on privity of contract, privity of contract and the party's assets, credit, full understanding of the ability to perform transactions, credit investigation if necessary.
Involve the major, difficult or risky, and may appoint a professional body to investigate. Eighth in line to the city as one of the parties of the contract, specifically responsible for the contract preparation work and relevant departments of the actual performance of the contract as the host Department.
In the municipal sector as one of the parties of the contract, the internal bodies of the sector-specific host as the host Department.
Section Nineth Government contracts, should follow the following procedure: (A) consultations. Host Department is responsible for organizing and contract negotiations, in the course of consultations, there should be rule of law institutions or departments in this sector legal counsel involved.
Is a major government contracts, can invite legal sector. (B) the contract text authoring.
Host departments are responsible for drafting contracts, serious study should be signed, on the subject, the subject of the contract, the rights and obligations, breach of contract and other major provisions under scrutiny and avoid conflicts with the previously signed similar contracts. (C) the risk evaluation. Before the contract is signed, host departments shall contract with legal, economic, technical and social stability and other aspects of risk analysis and demonstration in advance, you can listen to the views of the legal counsel and other experts, if necessary.
Is a major government contracts, the demonstration submissions should have legal counsel and other experts. (D) approval of the contract.
By legitimacy review Hou, to municipal government work sector for party party of government contract, by hosted sector leadership collective discussion approval, is municipal government work sector major government contract of, by hosted sector leadership collective discussion Hou reported is in charge of city led approval; to municipal government for party party of government contract, by is in charge of city led approval, is municipal government major government contract of, by municipal Government Executive Conference or Mayor Office discussion approval. (E) the signing of the contract. Government contract when approved by the municipal government or its departments or responsible person of the legal representative to sign.
Authorizing any other person to sign, should have a legal representative or responsible person written authorization. Tenth Article Government legality examination should be carried out prior to the signing of the contract.
Without a legal review, and their departments of the Municipal Government shall enter into government contracts. Municipal Government is a party of government contracts, the Legal Department is responsible for the review of legality.
Government contracts departments of the Municipal Government is a party, by the legal counsel of the agency or Department responsible for the legitimacy of the legal system of the sector review.
Major government contracts should be reviewed by the legal department.
11th contract being performed common rich text of daily business contracts without review by the legal department.
12th review of legality of content include:
(A) the contract subject proper.
(B) contract compliance with statutory procedures.
(C) the contract is legal and valid.
Municipal Department of Legal Affairs shall at the same time to review the terms of the contract is complete, if necessary, an opinion on the reasonableness of the contract.
13th Legislative Affairs Department of the municipal government for the hosting sector originated with the Government contract shall be collected within 10 working days from the approval date of the materials review has been completed, and will examine the views inform the contractor in writing departments.
14th article submitting materials must include the following materials:
(A) contracts to be entered into the text and annexes.
(B) contractors to departments for contract law, economic, technical and social risk analysis and demonstration materials, is a major government contract shall submit the submissions by counsel, expert argument.
(C) other related functions, it shall submit the views of the relevant departments.
(D) the review required of other related material.
15th legal departments for supplementary examination materials shall first receive approval within 2 working days from the date of the material inform the host departments, host departments shall, within 3 working days from the date of its receipt complete related material.
16th host departments shall, in accordance with the Legal Department review of government contracts to be modified.
Hosting sector involves substantive review of the content of the contract there are dissenting opinions, can apply to the Legal Department for review.
Review of government contracts are limited to working within the Government sector, municipal government departments and personnel not to leak-related content.
Article 17th after review by the Legislative Affairs Department of the municipal government, in the course of the consultations, the parties, on the subject, the subject of the contract, the rights and obligations, liability for breach of the substantive content change, changes to legal department should be reviewed again.
18th Government after signing the contract, host Department should take steps to fully comply with the contract, and urge full compliance contract privity of contract.
Host departments shall establish a dynamic management mechanism for contract, timely resolution of contract performance, change, default, issues related to the dispute, contract and annual performance report to the Government on the situation.
19th Government achieved in the conclusion and performance of contracts of the following materials, hosting departments shall be given a serial number, registration, filing in a timely manner:
(A) official texts, the supplementary contract.
(B) contract relative ability assets, credit, compliance and so on material.
(Iii) contract negotiation and consultation materials.
(D) the basis for the conclusion of the contract, approval documents.
(F) correspondence in fulfilling a contract dispute.
(G) the Court judgment, arbitration body ruled, mediation instruments.
(VIII) other materials that require archiving. Host Department should arrange to keep government contract files.
In municipal government as a party of the contract, at the completion of, host departments shall collect relevant material, transfer filed in the Office of the municipal government. General Government contract files should be kept for more than 10 years since the contract expired, a major government contract files should be on the date of the conclusion of a permanent custody.
Otherwise provided by laws and regulations, from its provisions. 20th Government contract filing system of the city.
Hosted archive catalogue of the Department of government contracts annually reported to the legal authorities.
Legal Department files and related information can be accessed through government contracts, to sectors of government contracts to carry out spot checks, supervision and management of government contracts.
21st the following situations, the host Department shall claim in a timely manner and take preventive measures against the risk of the contract:
(A) in cases of force majeure, which may affect the normal performance of the contract.
(B) according to the laws, regulations and other provisions of the contract amendment or repeal, which may affect the normal performance of the contract.
(C) significant changes in the objective circumstances of the contract, which may affect the normal performance of the contract.
(D) the party in breach of the contract, which may affect the normal performance of the contract.
(E) contract relative deterioration leading to loss of property or loss of ability to perform.
(Vi) anticipatory breach of contract the opposite party.
(VII) other possible risk situations.
Party Government made to municipal government contracts and more than occur during major government contract in the performance of, host Department shall timely report to the municipal government, and put forward solutions.
22nd Government after the contract is signed or need supplemental agreement was signed during implementation or modification, rescission of contracts, in accordance with the relevant provisions of article Nineth immigration.
Chapter III contract disputes
During the 23rd in the performance of a Government contract disputes, host Department should be promptly dealt with.
Municipal Government-party Government have a major dispute during the performance of the contract, host Department should collect evidence, and proposed treatment plan implemented with the consent of the municipal government. 24th Government contract disputes should be resolved first consultation, mediation.
Consensus through consultations or mediation, shall sign a written agreement.
25th Government contract dispute fail to reach a consensus through consultation, hosting departments should be based on the contract agreement to go to arbitration or litigation.
Privity of contract parties to arbitration or a lawsuit, the host Department should fully gather evidence, defense, counterclaim, the burden of proof in responding in a timely manner, preventing evidence loss of right, responding period expires, such as responding to misconduct as a result of lawsuit.
26th Government contract dispute process, without the consent of Government or its departments, no institution or individual may give up government or its departments enjoy legal rights and interests in the contract.
The fourth chapter legal liability
27th City Government, municipal government departments and their staff in violation of these regulations, any of the following acts, by the competent authority shall order rectification caused large economic losses, appointment and dismissal by the organ, the supervisory organ or any other authority shall be subject to administrative liability; suspected of a crime, criminal responsibility shall be investigated in accordance with law:
(A) breach of contract laws, rules and regulations.
(B) the uncensored foreign contracts without authorization.
(C) no legitimate reason not to adopt the Government's Legal Department review.
(D), and during the performance of the contract, colluding with others, damage the interests of the Government.
(V), and during the performance of the contract, dereliction of duty, abuse of power, taking bribes.
(F) in the course of responding to and evidence loss of right, responding to the term expiration, the improper appearance of losing the lead.
(G) in the dispute, without giving up belonging to the municipality or its lawful rights and interests of departments in the contract.
(H) the unauthorized disclosure of internal review and approval have serious consequences.
(IX) not keep government contract information, archive materials.
The fifth chapter by-laws
28th municipal departments, hengqin new area Administrative Committee, District Government (CMC), and municipal government agencies and departments (including non-permanent establishment), city, civic, city institution to enter into similar contracts, in accordance with the measures implemented. 29th these measures shall come into force on September 6, 2013.