(Summit 5th ordinary meeting of the People's Government of Chiang State of 20 February 2012 to consider the adoption of Decree No. 69 of 28 March 2012 No. 69 of the Decree No. 69 of 28 March 2012 concerning the implementation of 1 July 2012.

Chapter I General

Article 1 provides for the regulation of government contracts, the prevention of contract risks and the reduction of disputes, the security and natural resources of State assets, financial funds and the effective use of public resources, in accordance with the relevant laws, regulations and regulations, such as the People's Republic of China Contracts Act.

Article 2 refers to the Government's contracts referred to in this Article, which refers to agreements concluded by the municipality and its working sectors in the administration, public services and civil economic activities, involving State assets, the use of financial funds and the use of natural resources, including the following types:

(i) Investments, construction, lease, contracting, hosting, borrowing, sale, security, material management in countries such as urban infrastructure;

(ii) Lands, forests, desertlands, water flow, sea, beaching, mined countries have the right to use natural resources by law, transfers, rents, contractual contracts;

(iii) Administrative collection, requisitioning and commissioning contracts;

(iv) contracts such as borrowing, financing, subsidies;

(v) Concession contracts for urban utilities;

(vi) The solicitation contract;

(vii) Other government contracts.

Article 3. This provision applies to activities undertaken by the municipality and its working sectors to establish, implement and manage government contracts.

This provision is not applicable because of emergency measures taken to establish government contracts to respond to emergencies.

Article IV. The municipal administration should develop a contract management system for this sector, in accordance with this provision and the actual situation in this sector, to strengthen the management of contracts concluded and performed by this sector and its subordinate units.

A contract involving State assets, the use of financial funds and natural resources, the use of public resources was signed by a sub-unit in the municipal government service, with over 100 million dollars (with $1 billion) and should be reported to the municipal government work sector.

Article 5 establishes and complies with the principles of lawful, prudent, fair and honest credit, guaranteeing the security and natural resources of State assets, financial funds and effective use of public resources.

Government contract management is guided by the principle of pre-emptive legal risk prevention, the control of legal risks in the field and the principle of subsequent legal oversight and redress.

Article 6. The municipal rule of law body is responsible for monitoring and mentoring the establishment of government contracts and organizing the implementation of this provision.

The municipal rule of law institutions should be fully involved in consultations, drafting, reviewing, signing and implementing government contracts for one party in the municipality.

Article 7

(i) Establish contracts in violation of statutory procedures and statutory conditions;

(ii) Interim institutions and in-house institutions as parties to enter into contracts;

(iii) Violations of laws, regulations as a security right in the contract;

(iv) Commitments for the non-legal requirements of the parties or third parties to the contract;

(v) In the contract, other violations of the law, regulations, regulations or provisions that undermine national, collective or third-party interests.

Introduction

Article 8. The drafting of government contracts should give priority to the use of the model text of the contract. In the absence of a model contract text in the State, the municipality and its work sector could organize the development of a model contract text.

Article 9 The model text of sectoral contracts was developed by the various working sector organizations. In many sectors, joint formulation could be developed by more than two sectors.

Article 10 shall establish a model text of a contract in strict compliance with the relevant laws, regulations to prevent the legal risks of a contract and to guarantee the principle of the security and natural resources of State assets, financial funds and the effective use of public resources.

The model text of sectoral contracts should be presented to the municipal authorities for review. No use shall be made without review by the municipal authorities.

A description and background material for the development of the model text should be presented together at the time of the review of the sectoral contract submission.

Article 12

(i) Whether the content of the model text of the contract would result in legal risks that adversely affect the security and natural resources of State assets, financial funds and the effective use of public resources;

(ii) The integrity and exhaustiveness of the content of the model text of the contract, in conformity with article 12 of the People's Republic of China contract law;

(iii) Whether the terms of the model text of the contract are accurate and rigorous;

(iv) Whether the model text of the contract is regulated by the dispute settlement approach;

(v) Whether the terms of other non-legal elements are contained in the model text of the contract.

Article 13 establishes and examines the model text of government contracts and, where necessary, the views of public, social organizations that guarantee the fairness of contractual provisions.

The model text of government contracts in the field of professional technology could be commissioned, invited experts and professional institutions to participate in the formulation and review.

Chapter III Consultations and drafting of contracts

Article 14. The municipalities and their working sectors shall determine the parties to the contract in accordance with the procedures and conditions established by the law, regulations.

The use of government procurement or tendering to determine the parties to the contract should strictly adhere to the provisions of the Law on Procurement of the Government of the People's Republic of China, the Law on tendering for the People's Republic of China.

Article 15 Government contracts are drafted by the municipal government service. In the drafting of the contract, the parties to the contract should conduct adequate consultations. The model text of the contract should be fully consulted on the basis of the model contract.

Article 16, in the course of the Government's contract consultation and drafting process, the municipal authorities should conduct pre-analysis of the risks of the contract's legal, economic, technical and social stability and, if necessary, risk argument. The experts concerned may be invited to participate in the argument, involving significant, problematic or greater risk.

Article 17, in the course of the Government's contract consultation and drafting process, the municipal authorities should provide a full understanding of the contract's assets, credits, performance capacity, etc., 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.

Chapter IV Review of legality

Article 18 Government contracts shall be subject to review of legality prior to their signature. In the absence of a review of legality, the municipal authorities and their working sectors shall not enter into government contracts.

Requirements for review of government contract legality are included in the sectoral budget.

Article 19 contracts entered into by the municipality as a party are reviewed by the municipal rule of law institutions. The contract entered into by the municipality's work sector as a party is governed by a system of effort or inspection, audit body responsible for the review of legality.

The contract concluded by the municipality's work sector as a party falls under article 22 of the present article, which is subject to review by the municipal authorities of the rule of law, following a review of sectoral legitimacy.

In the course of the review, the specialized legal services could be entrusted with providing advice.

The elements of the review of legality include:

(i) Whether the content of the contract creates legal risks that adversely affect the security and natural resources of State assets, financial funds and the effective use of public resources;

(ii) Whether the subject matter of the contract is worthy;

(iii) In conformity with the statutory procedures established by the contract;

(iv) The integrity and effectiveness of contractual provisions;

(v) Does not violate the provisions of article 7 of this article.

The use of the model text developed by the relevant national, provincial and municipal sectors and the absence of amending and adapting government contracts for the main provisions is a major review of whether the subject matter of the contract is sufficiently relevant and whether the procedure established is lawful.

Article 21, in order to ensure the quality of the contract review, protects the legal risks of government contracts, and the delivery units should not exceed the time of review of the legality of five working days.

The following article 22 provides for a contract concluded by the municipal government working sector as a party and shall be sent to the municipal rule of law bodies for review before the signing of the contract:

(i) A contract with the municipal government service for a party of more than 100 million dollars (with a $100 million);

(ii) The amount of the target of one party in the municipal government work sector is more complex and legal risks, and the municipal government considers contracts subject to review by the municipal authorities' rule of law institutions.

The provisions of the above-mentioned provisions are not applicable to the use of model texts developed by the relevant national, provincial and municipal sectors and the absence of amendments and adjustments to the main provisions.

Article 23. When the municipal authorities are sent to the municipal authorities to review government contracts, the following materials should be submitted together:

(i) Communication of the trial;

(ii) Text of the contract;

(iii) A description of the contract-related situation, background material, including the drafting process, the situation of risk argument, the qualifications survey of the parties to the contract and issues requiring a focus;

(iv) Review observations made by agencies or inspection bodies within the sector;

(v) The municipal rule of law body considers other material that needs to be provided.

The submissions were not in accordance with the above-mentioned provisions, and municipal rule of law institutions could request the referral of the relevant materials to be supplemented by the trial sector within a specified period of time; the municipal rule of law institutions could send the material to the trial sector.

Article 24 Government rule of law institutions in the municipality are subject to government contracts that are delivered to the municipal government service, which shall be reviewed within 10 working days of the date of receipt of the material and communicated to the court department in writing of the review.

After the review of the legality of the municipal rule of law institutions, the municipality's work sector and the parties to the contract have made a substantive change in the content of the contract during consultations and should be re-examined by the municipal authorities.

Article 26 Reviews from the Legal Review Body are limited to internal use within the Government, and the work of the municipal government and the relevant informants shall not disclose relevant elements to the outside.

Chapter V

Article 27 should be amended by the municipal government service on the basis of the lawful review of the drafting of the contract and form the formal text of the contract.

The official text of the contract was signed by the Municipal Government and its statutory representative in the work sector or by the authorized head of the statutory representative, plus the executive chapter or the special chapter of the contract.

The laws, regulations and regulations should be reported on contracts approved and registered by the relevant authorities, which are governed by the legislative procedures.

Article 28 of this Article provides that the Government contract under article 22 is formally signed by the parties to the contract and that the municipal government work sector should be sent within seven working days to the municipal government rule of law institutions.

Article 29 arises in one of the following cases, and the municipal government service responsible for the performance of its duties should be given prompt claims to take measures to prevent and respond to the risk of contracts:

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

(ii) The legal, regulatory, or repeal of the contractual basis may affect the normal performance of the contract;

(iii) Significant changes in objective circumstances in the conclusion of a contract may affect the normal performance of the contract;

(iv) The deterioration of the contract's property to the parties has resulted in loss or possible loss of performance capacity;

(v) Contracting parties are expected to default;

(vi) Other possible cases of contract risk.

The Government contract concluded by the municipality as a party and the Government contract under article 22 has taken place in the course of its implementation, and the municipal government service responsible for carrying out its duties should submit an early warning report to the municipal government in a timely manner and transmit it to the municipal authorities.

Article 31 Government contracts generate disputes during their implementation and the municipal government service responsible for carrying out their duties should be dealt with in a timely manner.

The Government contract concluded by the municipality as a party creates a major dispute in the course of its implementation, and the municipal government service responsible for carrying out its duties should collect evidence in a timely manner and provide for the processing of the agreement of the city government.

The municipal rule of law institutions should be involved in the coordination and treatment of government contract disputes concluded by the municipality as a party.

When a dispute arises under Article 31 of the Government contract, consultations and conciliation should be taken first. A written agreement shall be concluded either by consultation or by conciliation.

After consultation or mediation cannot reach agreement, the municipal authorities responsible for the performance of their duties should be brought promptly to arbitration or to deal with proceedings, to collect evidence in full, in accordance with the requirements of the statute of limitations of the proceedings and the rules of arbitration, litigation, and to prevent the risk of failure due to the inappropriateness of the application. Where necessary, a lawyer may be employed or a municipal rule of law body.

Article 32 is a government contract concluded by the municipality as a party and, without the consent of the municipal government, the municipal administration does not give up the legitimate rights and interests of the party of the city.

The Government contract concluded by the municipal government service as a party and, in the course of the dispute settlement, without the consent of the legal representative of the sector, no institution or individual shall waive the legitimate rights and interests of one party to the municipal government.

Article 33 When the Government's contract is entered into or when the contract is performed, additional contracts or changes are required, the dismissal of the contract shall be governed by the procedure established under this provision.

Article 34 Government contracts have been concluded and the following archives obtained during the implementation process, and the municipal government work sector should be given a number, registration and archiving in a timely manner:

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

(ii) Survey material on the assets, credits, performance capacity of the parties to the contract;

(iii) Contract negotiations, consultation materials;

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

(v) Review of the opinion of legality;

(vi) Court ruling instruments, arbitral body ruling instruments, conciliation instruments;

(vii) Other material requiring filing.

The General Government's contract files should be kept for more than 10 years after the expiration of the contract, and the Government's contract files under article 22 should be kept permanently from the date of the conclusion.

Chapter VI Legal responsibility

Article XV of the work of the municipal government and its staff violates this provision, which is one of the following acts by the competent organ responsible for the change of authority; resulting in a substantial economic loss by acting as an excuse, inspectorate or other competent authority to hold administrative responsibility in accordance with the law; and the transfer of criminal responsibility to the judiciary:

(i) The development of a model version of the contract does not report to the municipal authorities for review;

(ii) No review of legality or review of contracts that have not been signed by the outside country;

(iii) In the course of contract formulation, review and implementation, heinous collusion with others and damage to the legitimate rights and interests of the municipality and its working sectors;

(iv) Toys negligence, abuse of authority and receive bribes in contract formulation, review, implementation;

(v) Establish government contracts in violation of the prohibition provisions of article 7 of this provision;

(vi) No conservative secret as required;

(vii) Renouncing the legitimate rights and interests of the municipality and its working sectors;

(viii) The Government's contract information and the archival material are not properly maintained.

Article XVI of the legality review body and its staff had experienced a significant error in the review of legality, resulting in higher economic losses, being held by an exemption authority, a inspectorate or other competent authority to hold administrative responsibility under the law; and the transfer of criminal responsibility to the judiciary.

Chapter VII

Article 37 Municipal government agencies (concluding non-permanent institutions), municipalities (at the district level) and their sectors have entered into government contracts, taking into account the provisions.

Article 338 shall establish a contractual management system for this group, in accordance with this provision and the realities of this group, to strengthen the management of contracts concluded and performed by this group.

The Government's debt contract, which has been concluded by a city-owned professional group of financeers, is more than a billion dollars (with a billion dollars) of dollars, should be reviewed by the municipal authorities' rule of law bodies and reviewed procedures and requests for implementation in the light of the provisions.

Article 39