Enterprise bidding contract

Enter into the contract:

Contractor: ________ Contractor: ________

In order to deepen enterprise reform and improve labor productivity, according to the "Provisional Regulations on the Responsibility System for Contracted Operation of Industrial Enterprises Ownership System", the ____ factory will implement the bidding and contracting operation with the approval of the ____ People's Government. The ____ Industrial Development Committee consisting of the ____ Authority, the ____ Finance Bureau, the ____ Inland Revenue Department, the ____ Labor Bureau and the Industrial and Commercial Bank of China ____ branches and the contractor for the contracting party finally determine the winning bidder represented by ____ through the prescribed bidding procedure. As the contractor of the ____ factory within the contract period specified in this contract. The two sides agreed to resign and signed this contract.

Chapter 1, General

Article 1 The bidding and contracting operation is based on the principle of separation of ownership and management rights on the basis of adhering to the socialist ownership system of the enterprise, selecting the operators through open tendering, and determining the contractors, contractors and enterprises in the form of contractual contracts. The responsibility, rights and interests of the three employees make the enterprise truly become a self-employed, self-financing socialist commodity producer.

Article 2 During the contracted operation period, the factory must adhere to the direction of socialism and implement the party, state, and policies, regulations, and laws.

Article 3 During the contracted operation period, the factory shall independently calculate and pay taxes according to the regulations, operate independently, and assume self-financing. Ownership, original administrative affiliation, and fiscal and taxation channels remain unchanged.

Article 4 During the contracted operation period, the factory must adhere to the production direction of the production ____ product, and on this basis, it can carry out diversified operations.

Chapter II, contract period, form and main indicators

Article 5 The time limit for the implementation of the bidding and contracting operation of the factory is ____ years, that is, from the ________________________________________________________________________________________________________________________

Article 6: The form of contracting and contracting operation of this factory is: the contractual operation responsibility system that guarantees the payment of profits, guarantees the investment in technological transformation, and the total wages of employees and the profits paid.

Article 7: The form of the contracted operation of the factory in this bidding is: to protect the profits, to protect the investment in technological transformation, and to increase the total salary of employees. details as follows;

The first paragraph is based on the principle of “encapsulation base, increasing year by year, insufficient self-compensation, and over-subscription”. The total profit paid during the contracted operation period is ____10,000 yuan, of which ____ years is ____ million yuan, and ____ years is ____ million yuan. ____ years is ____ million yuan, ____ years is ____ million yuan, ....

In the second paragraph, during the contracted operation period, the technical transformation project is completed, and the total investment in technological transformation is ____10,000 yuan, of which ________ is ____ 10,000 yuan, ____ year is ____ 10,000 yuan, ____ year is ____ 10,000 yuan, and ____ year is ____ 10,000 yuan yuan,…….

In the third paragraph, during the contracted operation period, the total amount of bank loans returned shall be ____10,000 yuan, of which ________ is ____ 10,000 yuan, ____ years is ____ 10,000 yuan, ____ years is ____ 10,000 yuan, ....

The fourth paragraph, the company's enterprise level target is to reach the national enterprise standard before the end of ____.

Chapter III, the rights and obligations of the contractor

Section 1, the rights of the contractor

Article 8: During the contracted operation period, the first contractor contracted by the individual or partnership is the legal representative of the factory. Of course, the factory manager enjoys the full responsibility of the director and the principal of the contract, and assumes all of its obligations, such as The contractual contract of the enterprise or business legal person shall be the legal representative of the development as the legal representative of the company, and exercise the authority of the director and perform the contract on behalf of the contractor.

Article 9 During the contracting period, the contractor has the following rights to the operation and management of the factory:

The first paragraph has the right to appoint the deputy director and deputy factory-level administrative cadres according to the state regulations, form the leading organization of the factory, and report to the competent department for the record. After the contract expires or the contract is terminated, the leading agency will disintegrate.

The second paragraph has the right to determine the establishment of the factory, the appointment and dismissal of personnel and the appointment of professional and technical personnel.

The third paragraph is organically rewarding and punishing according to relevant regulations, recruiting employees and dismissing disciplinary workers.

The fourth paragraph has the right to reform the internal distribution system of the factory, and has the right to choose the form of wages and self-determined wages within the total amount of wages approved by the higher authorities.

The fifth paragraph has the right to purchase new equipment according to actual needs.

The sixth paragraph has the right to develop new products without violating Article 4 of this contract.

Article 10 The contractor has the right to obtain the legal income that it deserves in accordance with the provisions of this contract.

Section II, Obligations of the Contractor

Article 11 The contractor shall perform the following duties during the contracting period as follows:

The first paragraph has overall responsibility for the material civilization construction and spiritual civilization construction of the factory.

In the second paragraph, all kinds of taxes, fees and pooled funds payable shall be paid in accordance with relevant state regulations.

The third paragraph must complete the various economic and technical indicators and additional indicators stipulated in this contract on time.

In the fourth paragraph, during the contracting period, the factory equipment and equipment of the factory shall be guaranteed to be in good condition, and according to the state regulations, the depreciation fund and the over-repair fund for the fixed assets shall be classified according to the proportion, and the special funds shall be used exclusively.

The fifth paragraph shall complete the informed directive plan issued by the state to the factory.

The sixth paragraph shall be responsible for continuing to perform all valid economic contracts signed between the factory and other units, and shall bear all original legal claims and debts of the factory and other units.

The seventh paragraph, consciously accept the supervision of the party organization of the factory and the employees of the factory, respect and protect the democratic rights of the employees of the factory, report the work to the staff representative meeting of the factory on a regular basis, and listen to the opinions and suggestions of the employees.

Article 8: Maintaining the lawful rights and interests of the employees of the factory, changing the labor spare parts of the employees, and gradually improving the income of the employees of the factory without data to improve the economic benefits, and not improving the welfare of employees.

Article 12 The contractor shall make a mortgage with certain self-owned funds. The amount of the mortgage of the contractor is ____ yuan.

Article 13 The contractor must fully perform all the terms of this contract that should be performed by the contractor.

Chapter IV, Rights and Obligations of the Employer

Article 14 The rights of the Employer are as follows:

The first paragraph has the right to safeguard the national interests and the interests of the factory from damage.

The second paragraph, organic supervision of the factory's product business direction.

The third paragraph has the right to financial supervision, auditing power and product quality inspection.

The fourth paragraph has the right to safeguard the lawful rights and interests of the employees of the factory in accordance with national laws, regulations and the provisions of this contract.

Article 15 The obligations of the Employer are as follows:

The first paragraph shall not violate the provisions of this contract and interfere with the contractor's operational autonomy.

The second paragraph shall not adjust the assets of the factory.

The third paragraph must protect the legitimate rights and interests of the contractor in accordance with the provisions of this contract.

The fourth paragraph must fully fulfill all the terms of this contract that should be performed by the contractor.

Chapter V, the income of the contractor

Article 16 The contractor shall enjoy the business receipt during the contract period and the original salary level shall be deposited in the file. After the completion of the contract, if the contractor does not continue to contract, the wages of the country will be re-approved according to the relevant national wage policy. The contractor shall enjoy the welfare benefits of the employees of the factory during the contract period, and various subsidies prescribed by the state shall be issued.

Article 17 The contractor’s receipt and acceptance during the contract period shall be determined in accordance with the principles of the assessment of the economic and technical indicators and additional indicators stipulated in this contract.

The specific provisions are as follows:

The first paragraph, the contractor who completes the annual economic and technical indicators and additional indicators stipulated in this contract, the income of which is based on the per capita income of the employees of the factory in the current year, the income is twice the base, and the profit per year exceeds the target of 1%. , then accumulate a considerable base ____% of income, up to four times the base.

In the second paragraph, if the contractor believes that the contracted operation has made a special contribution, it may give special incentives.

The third paragraph, the contractor’s actual work due to illness or leave is less than nine months, and only the advance living expenses are paid.

The calculation range of the fourth paragraph and the per capita annual collection of employees shall be implemented in accordance with the provisions of the ____Laboratory ____ file.

Article 18: If an enterprise or institution contracts, if it exceeds the annual economic and technical indicators and various additional indicators stipulated in this contract, its unit contracted and received 50% of the local part of the financial return of the over-contracted indicator, and 50 % returned to the factory as a production development fund.

Article 19 The income of the contractor shall be settled once a year at the end of the year. Before the settlement at the end of the year, the contractor shall only prepay the living expenses according to the standard of ____ yuan per month. At the end of the year, the personal income of the contractor and the income of the enterprise and the legal person shall be paid by the contractor once.

Chapter VI, Change, Dissolution or Termination of the Contract

Article 20: After the contract is in force, it shall be legally binding, and neither the contract nor the contract shall be changed or cancelled at will. When this contract needs to be changed or cancelled, a new written agreement must be reached by mutual agreement, and the contract will remain valid until the new written agreement is reached.

Article 21 During the performance of this contract, if the relevant national policies are significantly affected by the contracting or contracting party's interests at the time of signing this contract, the affected party may propose to change or terminate this contract.

Article 22 If the contractor fails to manage the business or makes serious mistakes in business decision-making, causing significant losses to the factory or failing to complete the annual profit-paying indicators specified in this contract for two consecutive years, the contractor has the right to terminate the contract and shall not be liable for breach of contract. And reserves the right to claim damages from the contractor.

Article 23 If the contractor violates the provisions of this contract and interferes with the contractor's operation and management activities, the contractor cannot continue to operate, or the contractor's legal income cannot be guaranteed, and the contractor has the right to terminate the contract. The contractor is required to bear the liability for breach of contract.

Article 24: If the contract cannot be fully performed or cannot be performed due to force majeure, the contract and the contracting parties shall agree to change or terminate the contract.

Article 25: After the expiration of the contract period as stipulated in this contract, the contract shall be terminated by itself after the rights and obligations of the contracting parties have been fulfilled.

Article 26: Before the expiration of 30 days before the expiration of this contract, the contractor shall accept the auditing agency dispatched by the contractor to review the contracting situation. After the confirmation is correct, the representatives of both parties shall sign the audit opinion and the contracting party shall Can leave.

Chapter VII, liability for breach of contract

Article 27: Both the contracting and contracting parties shall perform this contract in full and actual manner, and shall not be liable for breach of contract if they fail to perform or fail to perform fully.

Article 28 If the contractor fails to complete the various economic and technical indicators and additional indicators specified in this contract on time, it shall bear the liability for breach of contract and the corresponding economic penalties. The specific provisions are as follows:

The first paragraph, if the contractor fails to complete the annual profit-paying index specified in this contract, deducts 7% of the personal advance payment of the contracted operator by 1% per deduction, until deducting 50% of its filed salary. The second paragraph, contracting If the party fails to complete other annual economic and technical indicators and additional indicators as stipulated in this contract, the contractor shall deduct the total income of the contractor's individual in the current year at the discretion of the contractor, but not more than ____% of the total amount of the current year. If the contractor fails to complete the profit indicator when the contract is terminated or terminated, it shall be deducted from the mortgage amount in accordance with paragraphs 1 to 3 of this article, respectively, until it is settled or fully discharged.

The fourth paragraph, enterprise, and legal person contracting, if the annual profit indicator has not been completed, it must be supplemented by the unit's own funds.

Article 5: If the enterprise or business legal person contracts, if the annual profitability indicator is completed, but the annual economic and technical indicators and additional indicators are not completed, the contractor shall deduct the excess profit from the contracted unit at the discretion of the contractor, but at most Exceeding the ____% of the income. The amount of the deduction and the amount of the deduction and the amount referred to in paragraphs 6 to 5 of this Article shall be the number of breaches due by the contractor in violation of this Article. The liquidated damages shall be paid by the contractor to the contractor before the end of March of the year following the default. If the contractor has any delay in the liquidated damages, it shall be from the date of the delay to the date of completion. The late payment fee is paid to the contractor by the three-thousandths of the amount of the delay in the amount of the delay. The late payment fee is paid by the contractor.

Article 29 If the contracting party violates the provisions of Article 21 of this contract, it shall be liable for breach of contract, compensate for the direct economic losses caused by the default to the contractor, and shall pay the contractor the direct economic loss caused by it. Three percent of liquidated damages. The awarding party’s compensation and liquidated damages shall be paid to the contractor by the end of January of the following year of the default year. If the contractor has a late-stated behavior, it shall pay the late payment fee from the date of the delay to the date of completion, and pay the late-period to the contractor on the basis of three days of the late payment amount. The late payment fee shall be paid by the contracting party.

Article 30 When a dispute arises between the contracting party and the contracting party, it shall be implemented in accordance with the Interim Regulations on the System of Contracted Operational Responsibility of Industrial Enterprises Ownership System.

Chapter VIII, Supplementary Provisions

Article 31 If the original contractor of the partnership contract fails to continue to perform this contract in the event of an accident, the contracting partner shall separately elect the first contractor to elect the first contractor separately, and the contractor shall determine , continue to perform this contract.

Article 32. After the expiration of this contract, if the factory still implements the bidding and contracting operation, and the contractor performs the contract well, the contractor shall have the right to re-contract under the same conditions.

Article 33. The "Request for Bidding" of the Employer, the "Tender" of the Contractor, and the "Materials of Answers" are the subordinate files of this contract. The above file materials shall be subject to the text of this contract.

Article 34. This contract shall be signed by the representative of the contractor and the representative of the contractor, and shall be executed by the ____ notary office.

A copy of this contract shall be reported to the Enterprise Contracting Steering Committee, the contractor or member unit for the record. A copy of this contract has the same legal effect as the original.

Contractor ________

representative____

Contractor________

representative____