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Zhuhai Municipal Government Contract Management

Original Language Title: 珠海市政府合同管理办法

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jewell City Government contract management approach

(The 21st ordinary meeting of the Government of the 8th meeting of the people of the city of jewell City, 27 May 2013, considered the adoption of Decree No. 96 of 6 August 2013 by the People's Government Order No. 96 of 6 September 2013.

Chapter I General

Article 1 establishes this approach in the light of the laws, regulations, etc. of the People's Republic of China's Contracts Act, in order to regulate government contract management and effectively preserve the legitimate rights and interests of the parties.

Article II. Activities in negotiations, drafting, reviewing, signing, implementing and dispute resolution in the municipalities and their working sectors are applicable.

Article 3. This approach refers to government contracts that are signed by the municipal authorities and their work sectors in administrative, public services and economic activities as parties to the contract, agreement, commitment and legal documents relating to the rights obligations of both parties, memorandums, etc. Specific types include:

(i) Countries such as urban infrastructure have contracts such as asset-building, rental, contracting, hosting, borrowing, sale and property management.

(ii) Lands, forests, desertlands, water flow, sea, beaching, mine deposits and sandstones have the right to use natural resources under the law.

(iii) Government contracts signed after the construction of tenders, government procurement procedures.

(iv) Concession contracts for urban utilities.

(v) Administrative collection, requisitioning and commissioning contracts.

(vi) Funding, subsidies, etc.

(vii) The solicitation contract.

(viii) contracts involving the use of financial funds.

(ix) Other government contracts.

Article IV.

(i) Government contracts with more than 1000 million people.

(ii) The matter covered or is to be included in national, provincial, municipal government-focused projects and government contracts for major works.

(iii) Other government contracts that affect greater and significant public interest.

Article 5 Governments and their work sectors should establish a legal review system for government contracts.

Article 6 Government contracts are concluded and implemented in accordance with the principles of integrity, legitimacy and equity, guaranteeing the security of State assets, financial resources and promoting the effective use of natural resources and public resources.

Chapter II

Article 7. In the course of the Government's contract consultation and drafting process, the contractor should request the contractor to provide the basis for the letter of credit and to conduct a full understanding of the matters relating to the assets, credits, performance capacity, etc. of the relative party to the contract and, if necessary, a letter of credit. There are significant, doubtless or more risk-related issues that can be delegated to specialized agencies to investigate.

Article 8. In the case of a contract by a municipality as a party, it is specifically responsible for the work of the pre-contract and the relevant departments that actually perform the contract. In the case of a contract by the municipality's work sector as a party, the unit was specifically contracted as a sub-office.

Article 9 establishes government contracts and shall be subject to the following procedures:

(i) Consultations. The office is responsible for organizing consultations with the relative parties to the contract and, in the course of the consultations, there should be full involvement of the rule of law institutions or sectoral legal advisers in the sector. The Government's rule of law can be invited to participate in major government contracts.

(ii) The formulation of the contract text. The contractor department is responsible for developing the text of the contract and should carefully study the contracting matter, undertake a careful review of the main provisions of the contract subject, the mark, the rights obligations, the responsibility to default, and avoid conflicts with the previous types of contracts.

(iii) Risk argument. Prior to the contract, the contractor should conduct pre-emptive analyses and arguments on the risks of the contract's legal, economic, technical and social stability, and, if necessary, the views of the relevant experts, such as the legal counsel. In the case of a major government contract, there should be an opinion of the experts, such as the legal advisers.

(iv) Reports of contracts. After the review of legality, the Government's contract is a party to the work sector of the municipality, which is led by the host sector to discuss the approval process collectively, with major government contracts in the municipality's work sector, with the approval of the post-communication municipal leadership; Government contracts with the commune party, with the approval of the sub-market leadership, the approval of major government contracts under the municipal government contract, and the approval of the approval of the municipal government meetings or mayors' conference.

(v) Signature of the contract. The government contract was approved by the municipal government or the legal representative or head of the working sector. Authorization for signature by other personnel shall be subject to written authorization by a legal representative or head.

Article 10 Government contracts shall be subject to review of legality before signing. In the absence of a review of legality, the municipal authorities and their working sectors shall not enter into government contracts.

Government contracts for one party are reviewed by the municipal authorities' rule of law. The municipal government service is a party's government contract, which is reviewed by the rule of law institutions or sectoral legal advisers in the sector.

Major government contracts should be reviewed by the municipal authorities' rule of law sector.

Article 11. The day-to-day business contract for the use of the uniformed version of the contract format does not need to be reviewed by the municipal authorities' rule of law.

The elements of the review of legality include:

(i) Whether the subject matter of the contract is of a particular nature.

(ii) The contract is in accordance with the statutory procedures.

(iii) Whether the content of the contract is lawful and effective.

The municipal rule of law should be accompanied by a review of the integrity of the terms of the contract and, if necessary, the reasonableness of the content of the contract.

Article 13 Government rule of law sector contracts for the delivery of the office shall be reviewed within 10 working days of the date of receipt of the material and communicated to the office of the review opinion in writing.

Article 14.

(i) The proposed text of the contract and the annex.

(ii) The analysis and argument materials of the contractor's legal, economic, technical and social risks are subject to major government contracts and should be submitted to the legal advisers, expert opinions.

(iii) Relevant sectoral functions should be presented to the relevant departments.

(iv) Review of other relevant materials required.

Article 15. The rule of law sector of the municipality considers it necessary to supplement the material to be delivered and shall notify the office within two working days of the date of the first receipt of the material, which shall be added within three working days of the date of receipt of the notification.

Article 16 should amend government contracts in accordance with the review of the municipal government rule of law sector.

The Agency's comments on the review of the substantive aspects of the contract may apply for review to the municipal authorities.

The review of government contracts is limited to the use of work within government departments, and the authorities in the municipalities are not allowed to disclose the relevant content.

Article 17, following a review by the municipal authorities of the rule of law sector, the parties to the Contracting Parties, in the course of their consultations, have made changes in the substantive elements of the contract subject, the mark, the rights obligations and the responsibility to default, which should be communicated to the municipal authorities to review again.

After the signing of the Article 18 Government contract, the contractor should take steps to fully implement the contract and to ensure that the contract is fully performed by the relative parties.

The contractor should establish a dynamic management mechanism for the performance of the contract, address the issues related to the performance, change, default, dispute resolution and report on the performance of the contract to the Government on a timely basis.

Article 19 Government contracts have obtained the following material in the formulation and implementation process, which should be made available in a timely manner, by registration and archiving:

(i) The official text of the contract and the supplementary contract.

(ii) Materials such as the assets, credits, performance capacity of the relative parties to the contract.

(iii) Contract negotiations, consultation materials.

(iv) The basis for the contract and the approval of documents.

(v) Review of views.

(vi) Communications of disputes arising in the performance of the contract.

(vii) Court adjudication instruments, arbitral body ruling instruments, conciliation instruments.

(viii) Other material requiring filing.

The office should arrange for the proper custody of the Government's contract files. After the completion of the contract by the municipality of one party, the host sector should promptly collate the relevant materials and hand over the municipal government office to file.

The General Government contract files should be kept for more than 10 years after the expiration of the contract, and the major Government contract files should be kept permanently from the date of the conclusion. The law, legislation and regulations provide otherwise, from their provisions.

Article 20 provides for a government contract reserve system. The office should submit a directory of Government contracts to the municipal rule of law sector on an annual basis.

The municipal rule of law sector can be screened for government contracts in the host sector, through access to archives and relevant information on government contracts.

Article 21, in the event of the following conditions, should be in a timely position to claim rights and take preventive measures to prevent the occurrence of contract risks:

(i) A force majeure may affect the normal performance of the contract.

(ii) The modification or repeal of the relevant provisions, such as laws, regulations and regulations, which may affect the normal performance of the contract.

(iii) Significant changes in objective circumstances when contracts are concluded may affect the normal performance of contracts.

(iv) A breach of contract relative parties may affect the normal performance of the contract.

(v) The deterioration of the contractual relative property situation has resulted in loss or possible loss of performance capacity.

(vi) The relative parties to the contract are expected to default.

(vii) Other possible cases of contract risk.

Government contracts established by the municipality as a party, as well as cases where major government contracts occur in the course of their implementation, should be reported to the municipal authorities in a timely manner and to respond to programmes.

Article 2

Chapter III Treatment of contractual disputes

Article 23 of the Government contract creates disputes in the course of implementation, and the subsector should be processed in a timely manner.

The municipal government contract for one party creates a major dispute in the course of its implementation, and the host sector should collect evidence in a timely manner and provide for the implementation of the agreement of the programme reporting municipalities.

When a dispute arises under Article 24 of the Government's contract, consultations and conciliation should be taken first. A written agreement shall be concluded by consultation or mediation.

Article 25 Government contract disputes cannot be agreed upon in consultation, and the sub-office should be brought to arbitration or to deal with them in a timely manner in accordance with the contractual agreement.

In the case of arbitration or litigation by the relative party of the contract, the contractor should fully collect evidence, promptly respond, counter v., evidence, etc., and work to prevent the risk of failure due to the negligence of the evidence, the time period of the application, etc.

Article 26, in the course of the Government's contract settlement, without the consent of the municipality or the working sector, no institution or person shall waive the legitimate rights and interests of one of the parties belonging to the municipality or the working sector in the contract.

Chapter IV Legal responsibility

Article 27 of the Municipal Government, the municipality's work sector and its staff violate this approach, with one of the following acts to be converted by the competent authority; causing significant economic losses, to be held by organs of exemption, inspection bodies or other competent authority in accordance with the law; and to hold criminal responsibility under the law:

(i) The conclusion of contracts in violation of laws, regulations and regulations.

(ii) Self-consideration of contracts without review.

(iii) There was no reason to follow the review of the Government's rule of law sector.

(iv) In the course of the contract's signing and implementation, there was an malicious collation with others to undermine the Government's interests.

(v) In the course of the contract's conclusion, the performance of the work performed, the negligence, abuse of authority, and the collection of bribes.

(vi) In the course of the application, the failure of the claim was caused by the misappropriation of the evidence, the time period of the application.

(vii) In the context of the dispute settlement, the legitimate rights and interests of the municipality or the working sector in the contract have been abandoned.

(viii) Urgently disclose the serious consequences of the internal review observations and the approval documents.

(ix) The Government's contract information, archives material is not properly maintained.

Chapter V

Article 28 provides similar contracts for all sectors of the communes, the WCPU, the municipalities and their sectors, municipal government dispatch agencies (including non-permanent institutions), the commune groups, and the commune units, taking into account this approach.

Article 29 of this approach is implemented effective 6 September 2013.