*** Stake Risk Responsibility Letter Five
Part I: Risk *** Stake AgreementParty A: *** Gender: Male Ethnicity: Han Chinese Identity Card No.: Residential Address:
Party B: *** Gender: Male Ethnicity: Han Chinese Identity Card No.: Residential Address:
A and B are **** the same Exploit *** with the education business and seek to stabilize educational resources, in line with the principle of equality and mutual benefit, honesty and fairness and justice, through friendly consultation, agreed to *** with the investment in shares ***. In order to reflect the fairness and impartiality of the two sides, sincere solidarity, to avoid future disputes arising from the risk of investment, after consultation voluntarily entered into this agreement.
First, the two sides of the amount and mode of capital contribution
1.*** campus, Party A to its own brand that *** and cash contribution of 40,000 yuan, Party B contributed to the cash of 40,000 yuan, the total amount of capital contribution of 80,000 yuan, the two sides accounted for the contribution of 50 percent.
Second, the division of responsibilities and income distribution
Party A provides brand use for free and is responsible for the peripheral work of the campus; Party B, as the actual operator of the campus, is responsible for the teaching location of the day-to-day work of the teaching, management, security, etc.
The school district is the only place where the school is located, and it is the only place where the school is located.
The financial status of the campus needs to be checked and audited by both parties. A, B each accounted for 50% of the net profit.
Third, the risk of **** bear the terms
1, the investment of both parties shall not be withdrawn, but allows the two parties to internal to the original investment amount of purchase, transfer.
2, without the unanimous written consent of the two sides of the investment, investment in any of the parties shall not be used without authorization in the name of the school, the main body of all assets, such as mortgages, pledges and guarantees for any third party.
3, due to the school factors arising from the debt (non-investor personal debt) disputes, by both parties in accordance with the proportion of 50% each bear responsibility.
Fourth, financial management and settlement
Financial work by the special management
1, all income into the party designated account
2, expenditure costs need to be budgeted in advance, the party will be the corresponding expenditure
first into its expenditure account, the purchase of other people's spending needs to be the first to obtain the consent of the party before purchasing things. Other people's purchase of goods expenditure need to first obtain the consent of the party before purchasing goods, without consent to purchase goods is considered invalid, after the purchase of goods need to be signed by the party before reimbursement.
3, each period of settlement work, strict financial management system, strictly prohibited V. This agreement is not exhaustive, by the A, B, C three-party supplemental agreement, supplemental agreement for the effective components of this agreement, and this agreement has the same legal effect. This agreement in duplicate, each party to sign a copy, since the date of signature of both parties agree to take effect.
Signature of Party A:
Date of Signature:
Place of Signature:
Signature of Party B:
Part II: Risk Prevention and Control Responsibility
To further strengthen the risk management of the Bank of XX Changfeng Village Bank, effectively do a good job in the risk management work, improve the level of prevention and control, strengthen the ability to prevent and control risks and maximize the prevention, control and resolution of risks. To further strengthen the risk management of XX Changfeng Village Bank, effectively do a good job in risk management, improve the level of prevention and control, strengthen the ability to prevent and control risks, maximize the prevention and control and resolve risks, and promote the sound and sustainable development of the bank's business, we hereby sign this responsibility.
First, the responsibility of the target
Each department to implement the Bank's risk management requirements, the establishment of a system of responsibility at all levels, improve the relevant systems and contingency plans, the formation of one level to grasp the first level, the implementation of the layers, the whole staff to prevent the risk of a good atmosphere, to prevent and resolve various types of risk, to achieve the annual safety operation without incident.
The scope of responsibility
The risk liaison of each organization is the first person responsible for risk management; the head of the department is responsible for the arrangement, deployment, implementation and execution of the risk management work of the department; and the leaders of the line according to the division of labor, the risk management work within the scope of responsibility is the main responsibility.
Third, the responsibility of the content
1, according to the law compliance business, strict implementation of the rules and regulations.
2, the risk liaison of each institution to actively implement the Bank's comprehensive risk management mechanism, the establishment and continuous improvement of the prevention and control of the organizational structure of the system, the implementation of the work system of fixed-post, fixed-responsibility system, the effective implementation of risk management subject and the responsibility of the person responsible for the responsibility, to consolidate the foundation of the management of the risk
risk management work, to strengthen the risk of dynamic management, the establishment of risk management of the institutions long-term mechanism, to improve the refinement of the Bank's management level. The company is also a member of the National Association of Banks (NAB).
3, the risk liaison of each institution according to the job requirements, to perform their duties, to fully understand the importance, urgency and seriousness of risk management work, and firmly establish the concept of risk management of "continuous, normalized, standardized".
4, the risk liaison of each organization to risk management work into the overall development of the department's business management activities in the overall development plan, strengthen internal control management, according to the needs of business development, the timely establishment of sound, revise and improve the departmental rules and regulations, to take effective management measures to optimize the operation process links, strengthen the monitoring and risk alerts to improve the level of risk control.
5, the person in charge of each organization and the risk liaison officer should seriously investigate the potential risks in the daily business, sort out the main risk points, and in the daily work, pay close attention to the risk points, maximize the risk avoidance, and at the same time, revise and improve the organization's relevant systems and contingency plans.
6, the risk liaison of each organization should conscientiously implement the various performance checks, increase supervision and inspection efforts, timely detection of problems, elimination of hidden dangers, and maintain a high-pressure situation of risk management and accountability. At the same time should strengthen the staff to learn the awareness of risk prevention, and constantly improve the staff awareness of prevention and control, to build a firm risk management ideological line of defense.
7, the risk liaison of each organization should actively implement the deployment of the superior or supervisory departments and other risk management work, formulate preventive measures, implement the rectification requirements, and put forward effective proposals.
Four, accountability
The main body of the responsibility of the department to conscientiously fulfill the responsibility of risk management, due to the implementation of risk management measures are not in place and risk events caused by the relevant responsible person, in accordance with the Bank's relevant system of serious accountability.
V. Important positions work transfer or leave, must be handled with the receiver for the handover procedures, will be responsible for the responsibility of all the work transferred to the replacement. The development of important post handover register. Ensure that the relevant work can continue in a timely and effective manner.
Risk Liaison Officer:
Head of Organization:
Head of Management Department:
Date of Signing:
Part III: Risk Responsibility for Safe Production Goal ManagementA. In order to implement the "safety first, prevention first" policy, and ensure that the construction of the project is carried out in a timely and effective manner, we will continue to work closely with our customers to ensure that they can continue to work in a timely and effective manner.
Second, the project's safety management objectives:
Third, the rights and obligations of Party A: Party A has to guide, help, urge Party B to implement the state, the project location government, the company's current safety regulations, rules and systems and the obligation of Party B personnel for safety education, the right to inspect the Party B personnel and the implementation of the company's "production safety award and penalty system," the incentives and penalties. The right.
Fourth, Party A should support and guide Party B to do a good job of engineering safety standards (excellence).
Fifth, the rights and obligations of Party B: Party B should consciously implement the state, the government where the project is located, the company's current production safety laws, regulations, rules, systems and regulations, accept Party A's management, guidance, supervision and inspection of the hidden dangers of accidents found in the inspection and problems should be fixed, fixed time, fixed measures to rectify.
Sixth, Party B should be in accordance with the Ministry of Construction, "Building Construction Safety Inspection Standards" (JGJ59-99) to seriously grasp the project's safety standards (excellence).
VII, Party B must be strictly on-site construction safety operations, not against the rules of command, not barbaric construction, do not violate the safety regulations. Do a good job of safety education before the construction personnel into the field and into the field after the safety of technical procedures for training, safety and technical briefing work.
VIII, Party B should set up a full-time (part-time) safety officer, do a good job of daily site safety management and information records, registration and archiving work.
IX, Party B has the right to violate the rules of personnel in accordance with the company's "production safety reward and punishment system" to punish or have the results of the project collectively or individually have the right to declare rewards.
X. If there is a dispute between the two sides in the implementation of this responsibility, it can be resolved through consultation*** with the same.
XI, this responsibility in duplicate, A, B, each party to implement a copy. On the date of commencement of the project came into effect, the completion of the date of expiration.
Party A: Party B:
Company Manager (Signature) Project Manager (Signature)
Year Month Day Year Month Day
Part IV: Safety Risks ResponsibilityIn order to strictly implement the rules and regulations of production safety, and to effectively improve labor protection, improve the self-protection awareness of all employees to eliminate accidents and violations. Violation of the phenomenon, the factory and the department signed a "production safety responsibility" to comply with.
First, the responsibility of both parties
Party A: Party B:
Second, the responsibility of the target
Strictly in accordance with the "Work Safety Law" and the factory safety production management system for the operation of the indicators are as follows.
1. Major personal injury accidents 0 times/year;
2. Minor injury accidents 0 times/year;
3. Micro-injury accidents ﹤3 times;
4. No accidents such as fire, explosion and occupational disease.
3. Party A's rights and obligations
1. Supervise Party B to follow the rules and regulations, operate according to the rules, and strengthen the on-site safety protection work. If party B violates the rules, party A has the right to punish according to the rules and regulations.
2. Newly hired employees to carry out production safety education (i.e., the department, team, position) before they are allowed to enter the operating position. For special types of personnel, must carry out professional safety and technical training, by the relevant departments to obtain a qualified examination of the operating license before being allowed to operate independently.
3. Strengthen the staff of production safety education, so that employees set up a "safety first, production must be safe, safe for production" idea, in the work of strict implementation of the safety management provisions, to comply with the rules and regulations of production safety.
4. Educate and guide the staff to actively participate in the work of production safety, find hidden dangers in a timely manner to rectify the situation, and put forward more rationalization proposals to help production safety.
5. Personal and equipment accidents must be handled in accordance with the prescribed principles and procedures.
Fourth, Party B's rights and obligations
1. Party B should obey the factory leadership and the person in charge of the command and management of the site, do not violate the rules of operation. Have the right to stop others from violating the rules and regulations, and have the right to reject the instructions that violate the safety and labor protection regulations and safety operation procedures.
2. Party B should comply with all safety regulations, it is strictly prohibited to go to work after drinking or drinking in the class, and it is strictly prohibited to go to work without training or safety education.
3. Party B should participate in pre-job training in accordance with the provisions of the factory, after the completion of training, by the production team and workshop managers to assess the recognition and sign the relevant labor contract before going to work.
4. Party B should strictly abide by labor discipline, on time to and from work, no private crosstalk operations, work shall not play, jokes or engage in other things unrelated to the content of the work, so that "do not hurt themselves, do not hurt others, not be hurt by others," is strictly prohibited to bring unrelated people into the factory.
V. Rewards and penalties
1, Party B according to the company's security risk deposit payment method to pay the risk deposit;
2, Party B in the year to complete the safety goals of the company should return the full amount of the risk deposit and 100 percent of the incentive;
3, Party B in the work of any personal violation of workplace accidents or injuries to others, in addition to bear full responsibility for the accident, such as The accident is fully responsible for the accident, such as the occurrence of major personal injury accidents or minor accidents more than 3 times (including 3 times) to deduct the annual risk of collateral; the occurrence of minor accidents, the end of the year reward according to 50% incentive; the occurrence of minor accidents 2 times, the end of the year, do not implement the incentive; the occurrence of micro-injury accidents responsible for the injured should bear the 50% of the medical costs; causing property damage or injury to others, depending on the circumstances of the economic compensation, the situation < / p>
Particularly serious cases can be held criminally responsible, and terminate the labor contract.
4, Party B actively participate in various safety education activities, safety work done by the team and individuals, by the factory to give appropriate incentives. The factory will give special rewards to the employees who found major hidden safety problems.
5, Party B in the production of personal negligence caused by dangerous situations or caused small accidents, the company will be responsible for the person depending on the circumstances were given a warning, demerit or dismissal and other penalties.
4. Party B violated the factory safety production management system and caused major losses of factory equipment, property, in addition to the corresponding compensation should be borne, serious legal responsibility will be pursued.
5. Party B malicious destruction of factory equipment, property of the individual, the factory will be held financially and criminally responsible.
Six, other
1, this security responsibility in duplicate, effective from the date of signature, A, B, each party to take a copy.
Party A: Party B:
Year Month Day Year Month Day
Part V: Risk *** bear - cooperation *** winThis paper, according to the theory of risk management in recent years, combined with the management experience of the project, the project risk classification, identification, analysis and description of the project risk that the main body of the behavior is a dominant Risk factors, advocating that the main body of the project in the development of their respective risk management plan should be "cooperation **** win" as the concept, from the root to solve the risk.
Keywords: engineering project risk management, engineering project subject behavior, cooperation *** win
Abstract:
In this paper, according to the project in recent years the risk management theory, combined with the engineering project management experience, the risk management of the project should be based on the concept of "cooperation *** win". combined with the engineering project management experience, to project risk, classification identification, analysis and description, think that the main body behavior is a leading risk factors, advocacy project subject in the risk management plan for their respective should be "win- win cooperation" for the concept, from win cooperation" for the concept, from the fundamental solution to risk.
Keywords: engineering project risk management, project subject behavior, win-win cooperation
I. Definition and Classification of Engineering Project Risk
Engineering project risk management is not a new term in our country, and the theoretical research in this area has been fruitful, but with the continued deepening of the economic construction, it still exposes some new problems.
The risk of engineering projects refers to the difference between the actual results of project implementation and the expected goals and their probability of occurrence. Engineering projects as a blend of economic, technical, management, organization in one of the comprehensive social activities, there are many aspects of uncertainty, these uncertainties may lead to the project to generate risk, such as the extension of the schedule, cost increases, plan modification, and even project failure. According to the causes of risk, it is roughly divided into three categories: project subject behavioral risk, engineering risk, and external environmental risk. Among them, the project body behavioral risk is the dominant risk factor, including the construction side, survey and design side, construction side, supervision side, government supervision departments and other behavioral risks, the following only on its discussion.
II. Identification of project subject behavioral risk
China's construction market is generally summarized as the construction side of the contracting party, the survey and design, construction and suppliers for the contractor, supervision and other consulting agencies for the intermediary service provider of the ternary market. The basic operating relationship of this three-dimensional market is the construction party and other parties are contractual proxy relationship, supervision and contractors for the supervision and supervision of the relationship. Although the fundamental obligation of each subject is to "ensure the realization of the overall objectives of the project", but the main
body at the same time is an independent individual in the market, the inevitable pursuit of their own interests. When the overall goal of the project and the interests of individuals can not be harmonized, unilateral damage, and this damage with the depth of the project and the accumulation, expansion and even intensification, the risk will arise.
III. Examples of project subject behavioral risk
First, look at the relationship between the construction side and the design side. A large industrial project, the process is complex. Construction in the selection of design units, only pay attention to the bid price, the results of a good at civil engineering design institute to win the bid at a low price. After winning the bid, the design institute is only responsible for the completion of the building's outline, the internal layout of the process is a general dumping mouth, perfunctory, the construction side had to plug the leaks, and even some of the drawings are drafted by the construction side, recognized by the design institute seal. Such drawings naturally do not reach the depth of the design should be, the construction process also occurred again and again, so the formation of a "construction shell to find the design → design regardless of the construction party to find the construction party → the construction party half-understand and then find another person to consult the consulting and then taught to the design → design and then out of the vicious circle of change". The speed of change can not catch up with the construction progress, the construction site is delayed again and again. The design institute is the original contract does not contain process as the reason, another demand for design fees, and in the cost of cash before stopping all design services. In this case, the design side ignored the actual situation of their own lack of technology and maliciously low bid, resulting in the performance of the cost risk, and then to blackmail this irrational approach to recover the cost losses, but at the same time, it is a great harm to their own goodwill, and the negative impact on the future contracting project. The construction side? Bidding is to save a million dollars in design fees, but the construction of the drawings level is low and cause repeated changes to the project, schedule delays, increase the high intangible costs.
Then look at the relationship between the construction side and the construction side. A large project, a huge amount of investment. Construction in order to alleviate the pressure on their own funds, in the bidding documents, agreed that "the advance payment of 10% of the contract price, quarterly payments and according to the completion of the amount of 70% of the payment", this agreement means that the construction side of the construction to advance 90% of the construction. A builder did not question this and won the bid. Started a few months, has been the foundation construction, reinforced concrete with a huge amount, at the same time, due to the Beijing Olympic Games and the Wenchuan earthquake and other social factors, reinforced concrete appeared to be in short supply of special circumstances. The original can be advanced to the supplier, and now requires payment to be shipped. The construction side of the frustrated hand, a moment and the inability to raise huge sums of money, nesting months later, before having no choice but to put forward adjustments to the proportion of advances and progress payments to apply for payment. Although the construction party reasonable, quickly agreed to its request, but the construction of the golden period has passed, the construction progress can not be undone. In this case, the construction party did not scientifically analyze the financial pressure, only want to transfer the risk; and the construction party only to win the bid, ignoring the risk of advances, the lack of experience in market forecasting, failing to adjust the bidding documents at the beginning of the bidding on the reasonable request.
Then look at the relationship between the construction side and the supervision side. A bidding project, still low bid, the winning bid is far below the national fee standard. The successful supervisor to the construction side of the construction party commitment to quality and quantity to fulfill the supervisory duties, and no additional costs. However, in the implementation of the project, the supervision side of the horse like a frequent change of people, the effectiveness of the work greatly reduced, but also many times to increase the cost of the application, so that the construction side is very scratching their heads. The construction party has repeatedly communicated with the supervisory party to try to improve the effectiveness of the work, and thought of relying on the law to protect their own interests, but ultimately made concessions to increase the fee. In this case, the construction side at the beginning of the project did not give enough attention to the supervision work, did not consider a reasonable supervision costs, the bidding supervision of the party's `capacity, credibility did not do an in-depth understanding of the supervisory party in the face of breach of contract and did not decisively terminate the contract to control the risk, it is really lamentable.
Finally, look at the construction side, construction contractors, construction subcontracting between the circular dispute case. A large project, set a number of subcontracts. The construction side to reduce coordination, the provisions of this a number of subcontractors are with the general contractor to sign a subcontract, by the general contractor to pay for the project. However, the project entered the acceptance stage, the general contractor due to the broken financial chain, the construction side of the subcontracting works on time to allocate the money withholding pressure, do not transfer to the subcontractor, resulting in a number of subcontractors complaining, construction workers blocking the construction side of the office of the bad consequences, some subcontractors have been the construction side of the construction side and the general contractor to the court, the dispute is not yet resolved. In this case, if the construction party can recognize the risk of the general contractor management funds in advance, to strengthen the supervision of funds disbursement responsibility, and actively assume the responsibility of communication and coordination between the participating units, or from the beginning of the bidding process to determine the subcontracting works by the construction party to directly disbursement of funds, then these contradictions can be mitigated or even eliminated.
IV. Suggestions for dealing with the risk of project subject behavior
The above cases are different levels of relationship, but they all reflect the same problem, that is, the construction market, the parties in the game, in the pursuit of excess benefits at the same time are not on the cooperation of the irrational behavior of the parties may make adequate predictions, did not think of their own excess benefits once the other side of the damage caused by the other side will immediately become irrational, and even tend to take some extreme measures to resist and defend the project. The other party will become irrational and even tend to take some extreme measures to resist and defend their own interests, so that the original party will not be able to steal the chicken, and will not be able to eat the rice.
The game requires reciprocity! Traditional risk prevention, risk control methods need to be improved, "risk *** share, cooperation *** win" concept should be incorporated into the project risk management mechanism. The project subject to risk management should be transformed "benefit only I", "risk transfer" of the normal practice, choose tolerance, good faith, risk-sharing attitude, in the risk identification process should not only see their respective benefits, but also to see the risk they should bear and the ability to bear the risk. In the process of risk identification, we should not only look at the benefits to be gained by each party, but also the risks to be borne by each party and their ability to bear the risks. To "cooperation" as a starting point, adhering to the concept of cooperation, *** with the project to promote the forward development; to "*** win" as the goal, the development of *** with the risk management mechanism, scientific and reasonable control, reduce, eliminate risk, so as to ensure the realization of the overall objectives of the project, so as to ensure the overall objectives of the project. To ensure the realization of the overall goal of the project, so as to achieve the interests of the main goal.
Of course, honesty and trustworthiness is the cornerstone of all concepts. In the cycle of long, large investment, more people involved in the organization and management of complexity, social relations of the continuation of the project, especially to choose the integrity of the enterprise. Each subject is honest, the project is more likely to move forward step by step.
VI. Conclusion
Past engineering cases provide a reference for our project construction, but we need to be based on the development of the new period, timely study of the new dynamics of risk management in engineering projects, with innovative methods to identify new risks, assess new risks, prevent and reduce new risks. The traditional project risk solutions should be re-conceptualized and developed to be applicable to new project management. This will surely improve our project management level and build more excellent projects.
[References]
[1] Xiang Pengcheng, Kong Deping, Engineering Project Risk Research New Perspective - Engineering Project Subject Behavioral Risks, Construction Economy 2010 (3);
[2] Basic Theory of Engineering Cost Management and Relevant Laws and Regulations (2009 Edition). Liu Yisheng and other editors.
[3] "Construction Project Management" (2009 edition), Lin Li and other editors.
Note: All formulas and charts in the article can be viewed in PDF format.
;