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Jiangsu Province, Jiangsu Provincial People's Government On The Revision Of The Measures For The Supervision And Administration Of Contracts Decision

Original Language Title: 江苏省人民政府关于修改《江苏省合同监督管理办法》的决定

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Decision of the Government of the People's Republic of Southern Susang on the revision of the contract supervision management approach in the Province of Giang Suu

(Adopted by the 41st ordinary meeting of the People's Government of Southern Susang on 19 December 2009, No. 60 of the Decree No. 60 of 22 December 2009 on the date of publication)

The Government of the province has decided to amend the Soang Province contract supervision approach as follows:

Delete article 4, paragraph 2, Article 6 and Article 7.

Article 8 should be replaced with Article 6, subparagraph (iii) as follows: “An exemption or limitation of the provision of the format may result in legal responsibility that may be owed to the person in question”.

In addition, as subparagraph (iv), “[t]nevere or limit the responsibility of the author of the form clause to cause loss of property on the other side by intentional or gross negligence”.

Article 9: “The following contracts contain the terms of the form, and the provision of the form shall be submitted by the contractor within 10 days of the date on which the text of the contract is used, except as provided for in article 7, paragraph 2, of the present approach:

(i) The sale of homes, the brokering of homes, the renovation of homes, and the management of the goods;

(ii) Electrical, water supply, heating, heating and gas contracts;

(iii) Tourism, auction contracts;

(iv) There are cable television, telecommunications service contracts;

(v) Provincial and industrial administrations require other contracts containing the provisions of the format for the maintenance of national interests and the public interest.

“The text of the contract submitted, which is subject to change, provides that the provision of the form should be resubmitted to the business administration.

“Effectively administered industries in the province, their contract form provisions are reserved for provincial and commercial administrations, and the other industry contract format provisions are reserved for their home-based business administration. The text of the contract submitted by the superior authority is no longer repeated.

“The text of the contracts that have been submitted shall be added to the place on the left side of its contract text to the tinuation of the word. The use of model contractual texts issued by States and provinces does not require a case.”

The addition of a article as article 10: “The business administration authorities, through a written review, have found that the terms of the form of the contract are in violation of the provisions of this approach, shall make written modifications to the terms of the format within 20 days of the receipt of the information. The provision of the form should be modified by the provision of the contract form within 20 days of receipt of the amendment.

“The provision of the format makes an objection to the amendment and may, within 10 days of the date of receipt of the amendment, make a statement in writing to the business administration or a request for hearing.

“The provision provides the author of the format to make a presentation, and the business administration shall provide written replies within thirty days of the date of receipt of the statement; require hearings, and the business administration shall organize hearings within thirty days of receipt of the request.”

V. An increase in article 11: “Organization of hearings by the business administration shall be preceded by a hearing, the date of the notice of the place shall be provided by the parties and other interested parties.

“In the event of a hearing by the business administration, representatives of the executive branch, consumer associations, industry organizations and expert scholars and consumers should be invited to attend.

“The business administration shall make a decision to modify the terms of the contract format within 15 days of the hearing.”

Article 12: “The business administration shall determine that the terms of the form of the contract shall be modified by the statement of defence or hearing, and the provision of the form shall be modified within 20 days of receipt of the written replies of the business administration or the decision of the hearing.”

Article 13 should be replaced with article 15 by amending “any unit and individual shall not provide evidence, business licences, seals, accounts, vouchers and other facilities for the commission of the offences set forth in article 13 of the present approach.”

Delete article 14.

Article 16: “The businessr's public commitment to service in writing or mass media outside the contract shall be considered an integral part of the contract and the breach of the service commitments shall be held in breach of the duty to default.”

Article 17: “The understanding of the terms of the format shall be interpreted in accordance with the usual understanding. More than two interpretations of the terms of the format should be interpreted in favour of the provision. Formal provisions and non- format provisions should be inconsistent and non- format provisions should be used.”

As an article 18, the Chamber of Commerce and Industry Administration shall make a presentation on the Internet, as follows: In the case of industrial contracts and other contracts with extension value, the business administration should work together with other departments to develop model contractual texts, promote use throughout the province and provide free downloads on the Internet for the parties to the contract.

Article 19: “The provision of the form clause shall not automatically change the text of the contract containing the terms of the format, or take the outstanding contract into account the contract used in the case.”

Reclassification of article 15 to article 20 shall be amended to read as follows: “Energy, individual businesses, agricultural producers operate with existing and existing production equipment, raw materials, semi-finals, products and mortgages shall be registered after the signing of a mortgage contract to the commercial administration of the mortgage-free place in accordance with voluntary principles. Business administrations should be registered in accordance with the requirements of the parties.”

Articles 20 and 21 were deleted.

Article 22 should be replaced with article 25 with the amendment to read as follows:

In violation of article 13 of this approach, article 23 was replaced with article 26, which reads as follows: “In violation of the provisions of article 13 of this approach, the business administration or other relevant administrative authorities shall be liable to return to the property and may be fined up to three0,000 dollars.”

Paragraphs (i) to (v) and (viii) of this approach were revised to article 27, by means of a fine granted by the business administration or other relevant administrative authorities, and by a fine of up to three0,000 dollars, depending on the circumstances.”

XVIII, replace article 25 with article 28, amends to read as follows:

Reclassification of article 26 into article 29 reads as follows: “[a]y act of article 14, subparagraph (vii), of this approach shall be punished in accordance with the provisions of the People's Republic of China Anti-French Law”.

In violation of article 15 of this approach, article 27 should be replaced with article 33, with the following amendments: “Any breach of the provisions of article 15 of this approach shall be subject to a warning by a business administration or other relevant administrative authorities; a fine of one million dollars, depending on the circumstances.”

Second, delete articles 28 and 29.

Paragraphs Page

In accordance with the above amendments, the order of the provisions is adjusted accordingly.

This decision is implemented from the date of publication.