How Do I Become a Contract Administrator?

Contract management is an agreement between two or more parties to determine their respective rights and obligations. Although not equal to law, a contract established according to law is legally binding. Engineering contracts belong to the category of economic contracts and are subject to economic and criminal laws. Contract management It mainly refers to the supervision and reasoning of project management by project managers according to the contract. It is the specific application of law, economic theory and management science in the organization and implementation of contracts. ^[1]

Contract management

(Business terms)

The whole process of contract management starts from negotiation, drafting, signing, and taking effect until the contract expires. Not only pay attention to the management before signing

(Supplier Classification)

(Contract Creation)

(Contract Negotiation)

Contract negotiation is actually two parts: internal consensus is obtained internally, and suppliers are convinced externally. The two parts alternate, and it s easy

(Contract Compliance and Execution)

Signing a contract does not mean that the contract will automatically enter into force and be executed. The reason is often not the supplier's refusal to implement, but the buyer's neglect of some terms. For example, Volume Rebate is generally based on the annual purchase amount of the supplier. Sometimes the purchase amount exceeds the lower limit but the purchase is

The tasks of contract management must be completed by certain organizations and personnel. To improve the level of contract management, it is necessary to specialize and professionalize contract management work.

Contract content is not strict enough

1. Lack of understanding of the relationship between markets and contracts. Under market economy conditions, this is a

Enterprise contract management is the core content of business management under the market economy. All aspects of business management should be carried out around this core. In today's increasingly competitive market, strengthening contract management is

Chapter I General Provisions

Article 1 In order to achieve corporate governance in accordance with the law, promote the development of foreign economic activities of the company, regulate foreign economic behavior, improve economic efficiency, and prevent unnecessary economic losses, these management measures are formulated in accordance with relevant national laws and regulations.

Article 2 Any economic activity that occurs externally in the name of a company shall sign an economic contract.

Article 3 The conclusion of economic contracts must comply with national laws and regulations and implement the principles of equality, mutual benefit, consensus, and equal pay.

Article 4 The contracts included in these measures include design, sales, procurement, loan, maintenance, insurance and other contracts, excluding labor contracts.

Article 5 Except for those who are settled immediately, the contract shall be in written form. Documents, charts, faxes, etc. concerning the modification of the contract shall be part of the contract.

Article 6 The state stipulates that the standard contract text must be adopted.

Article 7 The company shall be fully responsible for contract management, and shall direct and supervise the contract signing and performance of relevant departments according to the authorization of the general manager.

Chapter II Conclusion of Contracts

Article 8 An economic contract with the outside world shall be concluded through consultations.

Article 9 Before entering into a contract, it is necessary to understand and master the operating qualifications and credit standing of the other party. Units without business qualifications or credit standing shall not enter into economic contracts with them.

Article 10 Except for the legal representative of the company, any other person must obtain the written authorization of the legal representative to entrust the party to enter into a written economic contract.

Article 11 The power of entrustment of economic contracts is divided into two types of authorization: fixed-term entrustment and business entrustment. Important persons designated by legal representatives adopt fixed-term entrustment. Other general personnel use business entrustment.

Article 12 The matters of authorization and entrustment are specially managed by the company's legal advisers. Authorized personnel need to go through the registration formalities, obtain and complete the authorization letter, and it will be authorized to take effect after it is signed by the company's legal representative and stamped with an official seal.

Article 13 An economic contract shall be concluded in writing if one of the following conditions is met:

1. A single transaction amount of 10,000 yuan;

2. Guaranteed by guarantee, mortgage or deposit;

3. We perform the contract first;

4. Sample sealing requirements;

5. The contracting party is a foreign entity;

Article 14 An economic contract must have the subject matter (referring to goods, labor services, construction projects, etc.), quantity and quality, price or remuneration, performance period, place, and method, and liability for breach of contract before it can be stamped with an official seal or contract seal. . Economic contracts can provide security clauses such as deposits and mortgages.

Article 15 If the subject matter of a contract has no national standard and is difficult to describe in writing, the samples shall be sealed, sealed by both parties to the contract, stamped with the official seal or contract seal, and kept separately.

Article 16 If the amount of the subject matter of the contract is less than 10,000 yuan, if a written contract cannot be concluded in accordance with Article 13 of these Measures, a non-written contract substitution form must be completed in advance, indicating the main terms of the contract stipulated in these Measures. The reasons for not being able to conclude a written contract should be stated, and the general manager's approval and consent should be given, otherwise the business cannot be established. Article 17 The name, address, contact person, phone number, and bank account number of the other party to the contract must be indicated on the text of each contract or on the text of the contract. Sign the agreement left by the party.

Article 18 After the drafting of the contract text is completed, the contract circulation document shall be effective after being stamped with the official seal or special contract seal after being approved by the heads of functional departments such as business units, legal consultants, and financial departments and the general manager of the company in accordance with the prescribed procedures.

Article 19 The company manager has the final decision on the conclusion of the contract.

Article 20 Each review opinion in the process is signed on the contract transfer document and an original contract. The contract transfer document is used as the record and voucher during the contract review process, and is kept by the seal custodian and sealed in time.

Article 21 For economic contracts concluded with foreign parties, it is strictly forbidden to stamp on blank texts and in principle we shall sign and seal the signature of the other party. It is strictly forbidden for us to sign or stamp the other party by fax or letter after signature. If there is an exception, the general manager must approve it.

Article 22 A single contract with a copy of more than two pages must be stamped with a riding seal.

Article 23 After the seal of the contract becomes effective, the contract administrator shall number and register the contract according to the specifications determined by the company.

Article 24 In principle, we shall hold a single copy of the contract, at least two. The text and copy of the contract shall be stored separately by the financial department, office, legal consultant, and specific business departments, among which the components shall be held by the financial department. And office retention.

Article 25 Non-written contract substitution orders are also regarded as written contracts and are numbered uniformly.

Chapter III Performance of the Contract

Article 26 After a contract is concluded according to law, it has legal effect and shall be fulfilled practically and comprehensively.

Article 27 The business department and the financial department shall establish a separate contract account according to the contract number, and each contract shall have a separate account, which shall be recorded according to the business progress and the receipt and payment situation.

Article 28 Relevant departments shall report to the general manager of the company in time and notify the legal adviser if they encounter difficulties in performance or breach of contract in the performance of the contract.

Article 29 The financial department shall perform collection and payment in accordance with the contract, and shall refuse to pay for the business in the following circumstances:

1. A written contract shall be concluded without a written contract, and a non-written contract substitute shall not be used;

2. The name of the receiving unit is inconsistent with the name of the other party to the contract.

Article 30 If the name of the payment unit is inconsistent with the name of the other party to the contract, the financial department shall urge the payment unit to issue a certificate of payment on behalf of the party.

Article 31 During the performance of the contract, the invoice issued by the other party of the contract must be reviewed, signed and approved by the specific operator, and then transferred to the financial review and payment after being signed and approved by the general manager.

Article 32 The relevant personnel shall properly manage the contract materials during the performance of the contract, and shall establish a loan and acceptance system for important original materials such as relevant technical data and graphics of the engineering contract to ensure the integrity of the contract.

Chapter IV Alteration and Cancellation of Contracts

Article 33 The modification or rescission of a contract must be reviewed and approved by the person in charge of the relevant functional departments such as the business department, financial department, legal adviser and the company's general manager in accordance with the contract conclusion process.

Article 34 Our change or dissolution and the same-site notification or the agreement between the two parties shall be in written form, and shall be affixed with the official seal or the contract-specific seal after being reviewed as required.

Article 35 The relevant departments must report to the general manager of the company and notify the legal adviser within three days after receiving the notice from the other party requesting to change or terminate the contract.

Article 36 The notification and reply to change or rescission of the contract shall meet the requirements for sending and receiving official documents, and be sent by registered mail or signed by the other party, and the registered or signed voucher shall be kept by the office as a component of the contract.

Article 37 The text of a modified or cancelled contract, as an integral part or an updated part of the original contract, has the same legal effect as the original contract and is included in the scope of management provided for in these Measures.

Article 38 After the contract is changed, the contract number shall not be changed.

Chapter 5 Others

Article 39 The contract serves as an important legal basis and evidence for the company's foreign economic activities, and relevant personnel shall keep the contract secret.

Article 40 The business department and the financial department shall, according to the contract ledger established by the company, according to the company's requirements, periodically or irregularly summarize the contract conclusions or performance within their respective work scopes, and the legal consultants shall count the contract conclusions and performance according to this And report to the general manager.

Article 41 All relevant personnel shall regularly arrange the relevant data of the contract (including related documents, charts, faxes, and contract transfer orders, etc.) that have been performed or are no longer performed, according to the contract number, and submit the file after confirmation by the legal consultant. The management personnel shall keep it on file and shall not dispose, destroy or lose it at will.

Article 42 The company regularly evaluates the contract management work, and gradually incorporates the contract signing rate, the quality of the contract text, the contract performance, and the contract account records into the company's performance evaluation of employees and departments.

Chapter VI Liability

Article 43 Any company that causes losses to the company due to failure to handle contract matters in accordance with regulations, fail to report the situation in a timely manner, or lose relevant materials of the contract shall be investigated for economic and administrative liabilities.

Article 44 Where a company causes significant losses due to intentional or gross negligence, it shall be transferred to the relevant state organs for legal liability.

Chapter VII Supplementary Provisions

Article 45 These measures apply to all departments of the company.

Article 46 The power of interpretation of these measures belongs to the company's general manager.

Article 47 These Measures shall come into effect on the date of issue.