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To do a good job in contract management, we can consider the following points:
1.Establish a contract management system: The formulation of a contract management system is the premise of contract management, which can clarify responsibilities, processes and standards to ensure the standardization and effectiveness of contract management.
2.Contract archiving and backup: After signing the contract, the contract should be stored in the archive according to the prescribed process, and the backup storage should be carried out at the same time to ensure the security, integrity and readability of the contract information.
3.Contract approval process: For contracts that require approval, a clear approval process should be established to ensure that the approval process is compliant. During the approval process, the risks of the contract should be fully assessed and fully communicated with the relevant departments.
4.Contract performance management: For the signed contract, a sound performance management mechanism should be established to track the performance of the contract in a timely manner, ensure that all parties fulfill the agreement, and take timely countermeasures for those who fail to perform.
5.Contract change management: If a contract change occurs, it must be implemented in accordance with the prescribed procedures to ensure the legality and compliance of the change, and conduct necessary communication and negotiation.
6.Contract risk management: In the process of contract signing and performance, Qiaotong should assess and manage risks, and take measures such as insurance and guarantee when necessary.
In short, contract management requires standardized management procedures and professional personnel to manage, and contract management also requires the coordination and cooperation of various departments within the enterprise.
Contract management system.
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To do a good job in contract management, we need to start from the following aspects:
1.Formulation of contract management strategy: Formulate the strategy and plan of contract management, including the establishment of the organizational structure, rules and regulations of contract management, and clarify the objectives, management methods and standardized processes of contract management.
2.Optimization of contract management process: Optimize the contract management process to realize the rapid transmission and processing of information, including the optimization of contract application, approval, signing, performance and maintenance, and improve management efficiency.
3.Application of contract management tools: contract management software is used to assist managers to quickly realize contract viewing, querying, printing and other operations, and improve the efficiency and accuracy of contract management.
4.Contract performance management: manage the performance of the contract, ensure that all parties implement the terms agreed in the contract, solve the problems in the performance of the contract in a timely manner, and avoid losses caused by contract disputes.
5.Contract maintenance management: Manage the maintenance of the contract, including the archiving, backup, update, archiving and other management of the contract to ensure the integrity and traceability of the contract.
To do a good job in contract management, it is necessary to continuously improve the management strategy, optimize the management process, adopt appropriate tools, strengthen contract performance management and contract maintenance management, and improve management efficiency and management level.
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The contract can strengthen the contract management from the following aspects: First, in order to make the contract beneficial to protect the interests of the enterprise, it is necessary to sign a successful contract; Second, strengthen contract management, establish a management mechanism with contract management as the core, straighten out the relationship between all parties, and form an organic operation body of wild slag. Article 500 of the Civil Code If a party has any of the following circumstances in the process of concluding a contract, and causes losses to the other party, it shall be liable for compensation:
1) Conducting negotiations under the pretext of concluding a contract in bad faith; (2) Deliberately concealing important facts related to the conclusion of a contract or providing false information; (3) Other conduct that violates the principle of good faith.
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The contract can strengthen the contract management from the following aspects: first, to make the contract slag become a favorable to protect the interests of the enterprise, it is necessary to sign a successful contract; Second, strengthen contract management, establish a management mechanism with contract management as the core, straighten out the relationship between all parties, and form an organic operation system. Article 500 of the Civil Code: Where a party has any of the following circumstances in the process of concluding a contract, causing losses to the other party, it shall be liable for compensation:
1) Conducting negotiations in bad faith under the pretext of concluding a contract; (2) Deliberately concealing important facts related to the conclusion of a contract or providing false information; (3) Other conduct that violates the principle of good faith.
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Contracts can be strengthened in the following ways:
First, in order for the contract to be beneficial to protect the interests of the enterprise, it is necessary to sign a successful contract;
Second, strengthen contract management, establish a management mechanism with contract management as the core, straighten out the relationship between all parties, and form an organic operation system.
Article 500 of the Civil Code If a party has any of the following circumstances in the process of concluding a contract, and causes losses to the other party, it shall be liable for compensation:
1) Conducting negotiations in bad faith under the pretext of concluding a contract;
(2) Deliberately concealing important facts related to the conclusion of a contract or providing false information;
(3) Other conduct that violates the principle of good faith.
How to sign a contract in a different place is valid.
When the content of the contract is determined, it will not be modified, and it will be stamped by Party A, and then couriered to Party B, and Party B will keep a copy of the seal, and then express it back to Party A, and the order can be reversed.
If the contract states that the copy is valid, one party can seal it, and then fax it to the other party, and the other party can fax it over.
Article 469 of the Civil Code: When parties conclude a contract, they may use written, oral or other forms.
The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.
Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.
How to sign a contract between the two parties in a different place, is the contract valid?
Contracts signed by the parties without meeting in different places shall comply with the special provisions of the law, for example, according to the provisions of the Contract Law, the contract has oral form and written form. In addition to face-to-face signing, written contracts can also be signed by mail, fax, data messages, electronic data interchange, etc.
Signing by mail means that one party signs and seals the contract first, and hands it to the other party by mail, and the other party signs and seals the contract, and the contract is established, and then the signed and sealed contract is sent back. In addition, the two parties will negotiate, modify and confirm the contract text by using electronic communication tools such as fax, e-mail, QQ, WeChat, etc. As long as the contract is agreed upon and confirmed by both parties, the contract concluded in this way is also legally recognized.
The contract signed in the above form and confirmed by both parties is also based on the true intention of both parties, and the contract also has legal effect.
Legal basis:
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At present, due to the fact that contract management itself involves many procedures and a large number of enterprise types, the following problems will be faced in the actual implementation: unsmooth information, low sorting efficiency, slow process implementation, large management work, high legal risks, and difficult post-event inquiry.
In view of the dilemma of enterprise contract management, the OA system has built a "full life cycle contract management system" with contract management as the main line, and the contract information is completely recorded, so that the approval can be based on evidence.
Contract management function display:
1. Contract management - convenient and standardized process management.
1) Contract drafting: The contract process is electronic, and the contract ledger is directly generated after the order is created, and the approval time is borrowed.
2) Contract ledger: The ledger clearly displays information such as contract type, amount, time, etc., and the contract status is clear at a glance.
3) Collection contract: Click on the collection contract ledger to directly view the basic information of the contract, the collection information, and the billing information on the contract card.
4) Payment contract: Click on the payment contract ledger, and the basic information of the contract, payment information, and opening information are clearly recorded.
2. Contract performance - real-time update of information.
1) Invoicing application: After approval, the "invoicing record" will be automatically generated, and the "invoicing information" ("invoiced amount", "unbilled amount" and "invoiced ratio") in the card will be updated synchronously.
Submit the application - the cashier invoices - the approval is completed - the invoicing record is formed).
2) Receipt registration: The collection does not need to be approved, it is directly registered by the finance, and the system automatically generates "collection records" ("receivable amount", "received amount", "uncollected amount" and "received ratio").
3) Payment application: After approval, the system will automatically generate contract payment records (payable amount, paid amount, unpaid amount" and "paid ratio").
4) Contract change: Contract change is only allowed to change the payment terms and contract amount, which needs to be approved.
After approval and approval:
1.Formation of a record of changes; Hand bend.
2.Update the payment terms, payment amounts, and corresponding payouts, payments, and invoicing information in the contract card.
5) Contract termination: The contract administrator needs to approve, and after the approval is approved, the filling of the contract is changed. Contracts that are in the "Abnormal Termination" state cannot be invoiced, collected, paid, changed, or borrowed.
6) Contract borrowing: This borrowing is a pure record, without any automatic sharing function, and the borrowing type is divided into original, copy and electronic version.
"Contract life cycle management" is realized through the business modeling engine of the OA office system: efficient management, avoiding tedious manual operations, and making approval convenient and standardized; Reduce bad debts and avoid bad debts and losses caused by poor information; Technical support, flexible definition of reports, to assist managers to deal with it easily.
After requesting the continuation of the performance of the contract, or requiring the other party to compensate for losses, or requesting the other party to make appropriate compensation, the contract is re-signed.
Performance planning, performance coaching, performance appraisal, performance feedback, performance communication, pay attention to performance communication throughout the whole process.
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