The collection of contract files is a common phenomenon. This is related to the formation of the contract with the general public documents are different. From the handling procedures, in a legal entity, the different nature and type of contracts are often prepared by different functional departments and undertakings, and even each contract from the drafting, review and approval of the signing of the fulfillment of the completion of the flow of links to go through a lot of; from the establishment of the contract, the contract is sent to all the parties responsible for the signing of the completion of the establishment of the process of the cycle of a long period of time. Affected by internal and external factors, the contract is prone to "mid-stream" and scattered custody of the phenomenon, thus giving the archives department of the collection of work to bring a certain degree of distress, directly affecting the quality of the contract file management and development of the work of the editorial and research.
How to solve this problem? The key is to seize the contract flow of the central link. According to the Contract Law, Article 32 provides that: "the use of the contract form of contract, since the parties signed or sealed when the contract is established." And according to the current domestic practice, the contract signed by the signing of the basic seal shall prevail (except for the signing of the parties are natural persons). Visible, seal link is the key to the collection of contract files. If the contract with the seal of the link that is to pay attention to the contract number registration, as a recourse to the text of the contract, will help to improve the collection of the contract filing rate.
For a full unit, a more scientific and effective way is to implement a unified format of the contract approval form. Approval of the single record of the contract content, the responsible person, the amount of money, the department and other relevant information, filled out by the department responsible for the contract, with the contract text for approval and circulation (triplicate, the format is as follows). When the contract is signed and established, the first copy for the archives department as a contract approval materials, together with the text of the contract filed; the second copy of the financial sector, as a voucher; the third copy of the contract department can be retained as a special information. In the contract printing stage, the paperwork department (or archives) directly in the contract approval form number, and leave the first file for the record, urging the contract department in the contract formally signed in a timely manner after the completion of the transfer of archiving procedures. The use of the contract approval form can reflect the true visualization of each contract formation of the whole process of information, but also make the contract management process more standardized and rigorous. Using this approach, and through the development of supporting contract management and transfer system, the archiving rate of the contract file can be effectively ensured, to help fundamentally solve the phenomenon of difficult to collect contract files.
Second, the contract file management mode
In the state organs and enterprise file classification system, are not the contract file as a separate management category. In other words, in the filing stage, the contract is generally based on its nature, categories and contractors and other characteristics, were included in different file management categories. This naturally has its certain rationality and scientific. For example, procurement contracts, engineering contracts, financing and lending contracts are filed in separate categories to help maintain equipment files, infrastructure files, accounting records of the complete set and systematic. However, with the proliferation of the number of contracts, contracts, vouchers, frequent calls and contract information resources for the development of the depth of the traditional practice has not been able to meet the contract for centralized query, comprehensive statistics and research and development needs, and the current use of the demand for certain contradictions.
In addition, in the custody of the way, in the past, many units for business considerations, often designated contract department or financial department responsible for the management of the unit contract files, which also brings certain risks to the contract file management. First of all, the contract management personnel (generally part-time) file expertise is limited, uneven level of contract file management; Second, the contract is stored in the business sector is not conducive to the use of storage and identification of the expiry of the destruction; Third, once the organizational structure or staff adjustment changes, it is often easy to cause the contract to be lost. Loss of contract vouchers due to the loss of economic litigation cases are not uncommon. At present, with the construction of the social credit system, many places have begun to implement
"contract, trustworthy" enterprise certification. Collect, analyze the contract at all stages of implementation, strengthen the ability to control risk, so that dynamic management of the contract has become a new form of management and demand.
In view of the special attributes of the contract file, the author believes that the contract file management model must be divided into levels. The first level, the realization of the contract security unified management. Recommended by the archives of the integrated management department of the contract file text to implement centralized management, unified storage and utilization, appraisal and destruction and compilation of research and development work, to avoid the lack of scattered file loss. The second level, to carry out contract implementation tracking management. By the contract department (or financial department) is responsible for the timely record of contract performance, change, termination and other complete information, and timely collection of relevant transaction documents (bills) bound for inspection. In the classification and filing, the ideal practice is to file the contract in duplicate: one for the archives department normal classification and filing, to maintain the integrity of the system of various types of files; the other to provide the contract department (or the financial sector) to establish the contract implementation information records. In order to facilitate statistical inquiries and the development and utilization of information, the latter can take a variety of flexible classification and arrangement, the implementation of dynamic management, as a special business information custody. Of course, smaller organizations can also be set up in conjunction with the unit's organization, the designated archives department to exercise the above "two-in-one" contract management functions. Third, the division of the contract file custody
For the duration of the contract custody, there are two extreme views. A one-sided exaggerated the importance of the contract, the contract will not be divided into primary and secondary importance of all listed as a permanent storage; the other is the opposite, that the contract has a period of performance, all listed as a short-term storage can be. In fact, these two practices in the understanding of the existence of misunderstandings, not conducive to the scientific management of contract files and effective use. Dividing the contract retention period, to be linked to the value of the contract for a comprehensive analysis.
For example, the general economic contract, the contract subject matter, the period of performance is an important reference indicator; contract as a technical document, it is dependent on the equipment and instruments, land and real estate, etc. should be taken into account as a factor of use; some contracts have far-reaching social impact (such as reflecting the significant economic and social significance of the joint venture cooperation agreements, etc.), can be considered in the permanent custody. In recent years, economic disputes have shown an upward trend, so the contractual dispute of the statute of limitations is also in the reference. Visible, although the identification of the value of the contract and no specific standards to follow, the division of the custody period should not be generalized, as long as good at synthesizing all aspects of information, the use of economic and legal vision and dynamic point of view, it will help the division of the custody period of the contract file tends to be accurate and reasonable. Fourth, the change, cancel and invalid contract management
The change, cancel and invalid contract management seems to be the blind spot in the contract management, easy to be ignored. In fact, due to the contract has a special legal significance of the certificate effect, the change and termination should also be cautious.
"Contract Law" provides that the parties can change the contract by consensus. Laws and administrative regulations provide that changes in the contract should be approved (cancel) registration procedures, in accordance with its provisions. Therefore, the contract has been signed or effective contract change, revocation or cancellation, with reference to the legal provisions of the relevant approval procedures and registration procedures, and in the contract signing party *** with the witness of the text of the contract will be completely recovered, unified for change or destruction. If necessary, it is also necessary to make a written statement on the performance of the implementation of the contract, confirmed by both parties for the record. To avoid the loss of controlled contracts due to negligent management or discretionary disposal, resulting in unnecessary economic disputes or losses.
Fifth, the development of contract file information resources
For a long time, the contract management of the above phenomenon restricts the in-depth development and effective use of contract information resources. In the way of research, in addition to the traditional classification of statistics, data summary, comparative analysis of the contract file to carry out a second compilation and research, but also closely linked to the needs of the community to use, to explore its unique information content. It should be noted that, along with the integration of the world economy and China's accession to the WTO, the construction of various levels of credit management system has gradually become the community as well as the business community **** knowledge.
Actively develop the contract file resources, find the entry point, is a new growth point in the field of archival research. Contract management as an important part of the credit system management, should interact with the credit system reciprocity, so as to play a greater significance. First of all, contract management has a positive effect on the formation and improvement of the credit file system. The establishment of social credit system is aimed at rectifying and standardizing the market economic order, the formation of integrity-based, integrity-oriented good morals. One of the ways to realize its function is to punish the society, enterprises and individuals for their honesty and trustworthiness or violation of law and good behavior. For the enterprise itself, through the collection of the enterprise in industry and commerce, credit, tax, contracts, social welfare and other achievements (including the qualification certificates, vouchers and related information, etc.), the construction of the enterprise credit system structure, you can set up and show the enterprise's good image of creditworthiness, enhance the credit rating. Especially in the contract management, through the standardized contract management, obtaining the title of "contract and trustworthy" enterprise certified by the government departments is undoubtedly beneficial to establish and publicize the good credit of the enterprise. Therefore, the perfect contract file management is conducive to the enrichment of social and corporate "credit management system" results.
Secondly, the introduction of credit management mechanism in contract management is conducive to improving the level of scientific management to avoid losses. For example, before the signing of the contract, the contracting party credit (credit rating) credit investigation and analysis and evaluation; contract implementation, the contract implementation of tracking and supervision, analysis and evaluation, timely detection of risks and take countermeasures; contract performance, the contract implementation of statistical summary, to explore the effective credit information, to determine (modify) the customer credit standards, the establishment of a dynamic customer credit rating and so on. So that the enterprise has a certain ability to identify, assess and avoid customer credit risk. In this sense, the contract file is also an enterprise to establish "customer credit management system" of the important information flow. It can be seen that the development of contract file information resources and the establishment of credit system once the combination of the two complement each other, will glow with long-lasting vitality. Actively explore the establishment of the two associated modes, methods and depth, and to refine the development of the contract file is precisely the new entry point for research.