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Foreword Social insurance is at the core of the social security system, and the state also gives employers the legal obligation to pay social insurance for their employees in the form of legislation. In the case of enterprise bankruptcy, the enterprise will usually default on social insurance due to the pre-debt crisis, which leads to the inability to pay social insurance for employees in time, and usually the social security institutions will also protect the rights and interests of employees in the form of social security claims. However, some bankrupt enterprises have not opened social security accounts for their employees since the date of production and operation, and social security institutions are unable to declare claims because they have not opened accounts, and there is no express provision on how to deal with social security claims. The purpose of this paper is to analyze the practical treatment of social security claims when bankrupt enterprises do not open social security accounts for employees. 1. what is social security claims The expression of social security claims does not appear directly in the Enterprise Bankruptcy Law and the judicial interpretation of the Bankruptcy Law, but in the second paragraph of Article 113 of the Enterprise Bankruptcy Law, the expression "social insurance expenses owed by the bankrupt in addition to the provisions of the preceding paragraph" appears, which is the provision of social security claims. Social security claims are formed in social insurance costs, but social security claims and social insurance costs cannot be completely equated. According to Article 113 of the Enterprise Bankruptcy Law, social security claims are closely related to employee claims. Therefore, the scope of social security claims can be determined by employee claims. The calculation formula of social security claims can be expressed as follows: social security claims = social insurance fees payable by the unit (excluding the unit's withholding of the individual's contributions)-the social insurance fees paid by the unit shall be included in the basic old-age insurance and basic medical insurance fees of the employee's personal account. Thus, the social security claim can be understood as the social insurance fee paid by the unit into the co-ordination account. The significance of 2. enterprises to pay social insurance. The first paragraph of Article 58 of the "Social Insurance Law" stipulates that the employer shall apply to the social insurance agency for social insurance registration for its employees within 30 days from the date of employment. If the social insurance registration is not completed, the social insurance agency shall approve the social insurance premiums that it should pay. Article 72 of the "Labor Contract Law" stipulates that the social insurance fund shall determine the source of funds according to the type of insurance, and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law. It can be seen that the employer's payment of social insurance for employees in accordance with the law is a legal obligation of the employer, which is mandatory. This obligation is not exempted for any reason, and it is not changed according to the wishes of the parties. The promise made by the employee to the employer not to pay social insurance is also invalid due to violation of mandatory legal provisions. Taking basic old-age insurance as an example, the first paragraph of Article 10 of the Social Insurance Law stipulates that employees shall participate in basic old-age insurance, and employers and employees shall jointly pay basic old-age insurance premiums. The first paragraph of Article 11 of the "Social Insurance Law" stipulates that the basic pension insurance shall be combined with social pooling and individual accounts. The first paragraph of Article 12 of the "Social Insurance Law" stipulates that the employer shall pay the basic pension insurance premiums in proportion to the total wages of its employees as prescribed by the state, and record them in the basic pension insurance pooling fund. The second paragraph stipulates that employees shall pay basic old-age insurance premiums in proportion to their wages as prescribed by the State, which shall be credited to their personal accounts. The social insurance fee paid by the employer has a double significance. On the one hand, part of the social insurance fees paid by employers are transferred to the individual accounts of employees, which is "private"; on the other hand, part of the social insurance fees paid by employers are transferred to the overall planning account, which is uniformly allocated and managed within a certain range. to achieve regional adjustment, protect social and public interests, with "mutual aid". It can be seen that social insurance has the function of social security. Employers pay social insurance, which is not only a way to realize the social security needs of employees, but also a way for the state to protect the basic human rights of all people through social risk sharing. The payment of social insurance by enterprises has dual significance. It has both corporate responsibilities and social responsibilities. It is conducive to resolving the contradiction between the rich and the poor in society, ensuring the basic living standards of the people, truly realizing people-oriented, and building a harmonious socialist society. The practical analysis of social security claims when the 3. bankruptcy enterprise does not open a social security account for its employees. The Enterprise Bankruptcy Law stipulates that employers should pay social insurance for their employees, which is a mandatory obligation. In a bankrupt enterprise, when the bankrupt enterprise fails to open a social security account for its employees during the normal production and operation period, it has violated the law. When the enterprise goes bankrupt, the bankrupt enterprise should pay the social security for the employees and safeguard the legitimate rights and interests of the employees. However, in practice, the bankrupt enterprise has been in a state of insolvency, has obviously lack of solvency, the lack of funds available to the enterprise, especially in the face of many creditors, how the enterprise fair settlement of claims, to protect the legitimate rights and interests of each creditor has become a top priority. However, social security claims are only one of the many types of claims, and there is no uniform standard for the payment of social security claims in practice. Below, I will comb the face of bankrupt enterprises did not open social security accounts for employees, the administrator (or liquidation group) of the practical path choice. Path 1: When a bankrupt enterprise does not open a social security account for its employees, it cannot pay social insurance for its employees. Case 1: Due to the bankruptcy of the enterprise did not open a social security account for employees, do not support the payment of social security. In Huang Wuchun and Yingshan County Zhongneng Real Estate Co., Ltd., the civil judgment of the second instance of the dispute over the confirmation of employees' bankruptcy claims ((2020) Sichuan 13 Minzong No. 2139, Nanchong Intermediate People's Court of Sichuan Province) stated: ...... Zhongneng Company has not opened a medical insurance account in the medical insurance department and is now unable to repay the employees' medical insurance expenses to the medical insurance institution...... Case 2: Due to the bankruptcy of the enterprise did not open a social security account for employees, do not support the payment of social security for employees, but support compensation for losses. In the civil judgment of first instance on the dispute over the confirmation of bankruptcy claims of employees of Yang Ping and Mianyang Antelai Chemical Co., Ltd. ((2018) Sichuan 0792 Minchu No. 1971, Sichuan Mianyang High-tech Industrial Development Zone People's Court), it is stated:... The defendant Antelai Company failed to handle the social basic pension insurance premiums for the plaintiff from January 2013 to September 2014, which is illegal and should be paid according to law. However, after writing to the relevant social security department, the court learned that because the defendant did not open a social security account for the employees, and it has been many years since then, the social security department has been unable to complete the social insurance procedures for the plaintiff. Accordingly, in accordance with Article 118 of the General Principles of the People's Republic of China Civil Law, "Civil subjects shall enjoy claims in accordance with the law. Creditor's right is the right of the obligee to request a specific obligor to act or not to do a certain act due to contract, tort, unjust enrichment and other provisions of the law, and Article 1 of the (III) on the interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of labor dispute cases, if a dispute arises over a claim for compensation from the employer, the people's court shall accept it." The plaintiff Yang Ping asked the defendant Antelai Company to give corresponding compensation, the court to support..... Case 3: Although the bankrupt enterprise has not opened a social security account for its employees, it confirms the basic old-age insurance and basic medical insurance that should be transferred to the employee's personal account. In Zheng Qishu and Kaili Economic Development Zone Baoheng Real Estate Development Co., Ltd. employee bankruptcy creditor's rights confirmation dispute first instance civil judgment ((2019) Qian 26 Minchu No. 122, Guizhou Qiandongnan Miao and Dong Autonomous Prefecture Intermediate People's Court) stated:... On whether Baoheng Housing Development Company should deposit endowment insurance and medical insurance for Zheng Qishu. The Social Insurance Law stipulates that employees shall participate in social insurance, and employers and employees shall jointly pay basic old-age insurance premiums and basic medical insurance premiums in accordance with state regulations. Therefore, Baoheng Housing Development Company for the company's employees Zheng Qishu to pay basic old-age insurance premiums, basic medical insurance premiums is its legal obligation. Because Baoheng Housing Development Company did not go to the social insurance department to open a personal insurance account for Zheng Qishu and pay insurance premiums, Zheng Qishu requested to confirm that Baoheng Housing Development Company enjoys the basic pension insurance premiums and basic medical insurance premiums that should be transferred to the personal account, Should be supported...... Case 4: The bankrupt enterprise has not opened a social security account for its employees and cannot confirm the basic old-age insurance and basic medical insurance that should be transferred to the employee's personal account. The civil judgment of the second instance of the dispute over the confirmation of bankruptcy claims between Gao Ruifeng and Weihai Chengxin Medical Science and Technology Development Company ((2014) Weimin San Zhong Zi No. 160, Weihai Intermediate People's Court of Shandong Province) states: ...... On the personal issue of whether the basic old-age insurance and basic medical insurance expenses that should be transferred to the employee's personal account should be paid to the appellant Gao Ruifeng, Article 48, paragraph 2 of the Bankruptcy Law stipulates, the wages and medical, disability subsidies, and pension expenses owed by the debtor to the employees, and the basic pension insurance and basic medical insurance expenses that should be included in the employee's personal account, shall be listed and publicized by the administrator after investigation. This article determines that the basic old-age and basic medical insurance expenses owed by the bankrupt enterprise that should be transferred to the employee's personal account shall be the employee's claim, but the amount shall be transferred to the employee's personal account and not directly paid to the employee himself. Therefore, the appellant Gao Ruifeng's request to pay the money directly to his personal lack of legal basis, the original trial on this basis to reject his claim is not improper, should be maintained in accordance with the law. What the author needs to explain is that the above path 1 occurred before, and each place issued a one-time pension insurance premium policy (taking Shandong Province as an example, on December 31, 2019, Shandong Provincial Department of Human Resources and Social Security, The Shandong Provincial Department of Finance jointly issued the "Notice on Improving the Basic Pension Insurance Payment Policy for Employees" (Luren Social Regulation [2019] No. 13), stipulating that bankrupt enterprises owe pension insurance premiums, it shall be paid off in accordance with the provisions in the income from the realization of the assets of the bankrupt enterprise. If there are still arrears after the assets are realized and paid off, for the part of the arrears that cannot be paid off, after the employee's personal payment and the enterprise's payment should be transferred to the employee's personal account (including interest), the bankrupt enterprise liquidation team can hold the court's bankruptcy ruling, The enterprise's assets and liabilities statement and other materials, apply to the social insurance agency in the insured place to write off the basic pension insurance premiums in arrears...) When the bankrupt enterprise has not opened a social insurance account for employees, A one-time payment of basic old-age insurance can be made. Path 2: When a bankrupt enterprise does not open a social security account for its employees, it can pay back pension insurance for their employees, but cannot pay back medical insurance. 1. Since the implementation of the "Notice on Improving the Basic Pension Insurance Payment Policy for Employees" (Luren She Gui [2019] No. 13), when a bankrupt enterprise has not opened a social security account for its employees, it can make a one-time payment of pension insurance. The basic approach is: If the basic pension insurance is paid as an employee of the unit, the unit generally submits a written application and provides proof materials that can prove the labor relationship between the employee and the unit, such as labor contracts, employee rosters, wage payment vouchers, etc., employee identification documents, etc. Among them, if the one-time payment exceeds three years, legal documents issued by the people's court, the audit department, the administrative department implementing labor supervision or the labor and personnel dispute arbitration committee shall be provided. According to this provision, when the bankrupt enterprise does not open a social security account for its employees, it can pay back the old-age insurance. 2. At present, there is no relevant policy to support bankrupt enterprises to pay back medical insurance for employees when they have not opened medical insurance accounts for employees. After the author consulted a number of medical insurance institutions, medical insurance institutions feedback in the bankrupt enterprises did not open medical insurance accounts for employees, can not pay medical insurance for employees. Concluding remarks It is the legal obligation of the employer to pay social insurance for its employees in accordance with the law, and it shall not be exempted because the employer is in any situation. Under the current one-time supplementary pension insurance system, employers should open social security accounts for employees in a timely manner, pay social insurance, protect the legitimate rights and interests of employees in a timely manner, and avoid the problem of later payment of arrears and late fees.
2023-02-21
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2023-02
The China-Shanghai Cooperation Organization Local Economic and Trade Cooperation Demonstration Zone is a major strategic decision personally announced, personally deployed, personally reviewed, and personally promoted by General Secretary Xi Jinping in 2018. The Shanghai Cooperation Demonstration Zone is China's only national-level platform for local economic and trade cooperation with SCO countries. In order to further understand the Shanghai Cooperation Demonstration Zone and promote business cooperation, Zhu Weidong, Director of Finance Department of Zhongcheng Qingtai Jinan Institute, and Zhao Bin, Deputy Director, accompanied customers to visit the Shanghai Cooperation Demonstration Zone. Hu Shun Song, general manager of Shanghai Central Enterprise Living Room Company, accompanied him all the way. The parties introduced their business areas to each other and had in-depth exchanges on possible business models and ways of cooperation. Afterwards, I visited the Shanghai Cooperation Demonstration Zone and intuitively felt the importance, forward-looking and good development prospects of the construction of the Shanghai Cooperation Demonstration Zone. Later, he visited China Chuanhua (Shanghai Cooperation) International Logistics Port and China Chuanhua International Logistics Port, which are innovative and technological online and offline integrated intelligent logistics service platforms created by Chuanhua Zhilian in response to the national "the belt and road initiative" initiative and implementing the development and deployment of the Shanghai Cooperation Organization. Qingdao has become an outlet for the SCO landlocked countries to the Asia-Pacific market and a new platform for international cooperation. The trip to the Shanghai Cooperation Demonstration Zone has a deeper understanding and exchanges on international logistics, modern trade, and supply chain finance. The next step will be closer cooperation.
2023-02-20
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2023-02
Viewpoint | Choice of SOE Procurement
Procurement is an important link in the business activities of state-owned enterprises, and it is also a key link in risk-prone. The special status and role of state-owned enterprises in China's national economy make them have the characteristics of commercial and public welfare at the same time, and the procurement of state-owned enterprises also has the dual attributes of enterprise procurement and public procurement. Fairness and efficiency are important aspects that should be considered in the procurement of state-owned enterprises. The second paragraph of Article 18 of the interim measures for the Administration of State-owned Capital and Finance of Enterprises (Caiqi [2001] No. 325) stipulates: "the procurement of bulk raw and auxiliary materials or commodity materials, the purchase and construction of fixed assets, and the construction of projects shall generally be carried out in accordance with the principles of openness, fairness and fairness, and shall be carried out by way of bidding," which points out the basic principles that should be followed in the procurement of state-owned enterprises. With the development of the times and the increasing internal demand of enterprises to improve quality and efficiency, the procurement of state-owned enterprises should not only ensure fairness and justice, effectively prevent risks, but also reduce procurement costs and improve procurement efficiency. Among them, according to the specific situation of procurement and the characteristics of different procurement methods, flexible selection of appropriate procurement methods is one of the procurement strategies, but also in the procurement of state-owned enterprises to achieve fairness and efficiency in the coordination of an important way. Relevant documents 1. the procurement of state-owned enterprises A prominent problem in the field of state-owned enterprise procurement is the lack of applicable laws and regulations. The "Tendering and Bidding Law" and the "Government Procurement Law" do not fully cover the procurement activities of state-owned enterprises. The administrative regulations of the department on the procurement of state-owned enterprises are relatively general and the operability is not strong. In this case, the China Federation of Logistics and Purchasing, together with several research institutions and state-owned enterprises, has successively formulated the "State-owned Enterprise Procurement Operation Specification" (T/CFLP 0016-2019) and the "State-owned Enterprise Procurement Management Specification" (T/CFLP 0027-2020). The former stipulates the procurement process and general requirements of state-owned enterprises, as well as the general conditions and procedural rules of various procurement methods, the latter stipulates the management structure, procurement implementation, performance evaluation, supervision and management of state-owned enterprises. The two complement each other and are used together to form the system guidelines for the procurement management and operation of state-owned enterprises, and fill the state-owned enterprise procurement regulations. Blank. Contents and Methods of Procurement of State-owned Enterprises in 2. According to the Code of Practice for Procurement of State-owned Enterprises (T/CFLP 0016-2019) and the Code of Management for Procurement of State-owned Enterprises (T/CFLP 0027-2020), the procurement of state-owned enterprises includes project procurement and operational procurement. Project procurement refers to the procurement activities implemented to achieve the established objectives of enterprise project management, which is an important part of project management, such as engineering projects, technical transformation projects, equipment and facilities projects, one-time operation and maintenance projects of enterprises and other procurement activities. Its characteristics are one-time and systematic. Operational procurement refers to the repetitive procurement activities implemented to meet the objectives of enterprise operation and management and maintain daily business activities, which is an important part of enterprise operation and management. Operational procurement can be further divided into operational procurement directly related to production and operational procurement indirectly related to production. The former such as enterprise raw materials, accessories procurement, parts, components, assembly procurement, daily production maintenance and other procurement activities. The latter such as consulting services, labor services, information services, warehousing services and other procurement activities. The procurement methods of state-owned enterprises mainly include bidding procurement, bidding procurement, consulting procurement, cooperation negotiation, competition negotiation, competition negotiation, single-source direct procurement and multi-source direct procurement. For different procurement content, the applicable procurement methods are also different. Article 7.3.1 of the "State-owned Enterprise Procurement Management Code" stipulates the principle of selecting procurement methods, that is, enterprises should choose the corresponding procurement methods according to the characteristics of the project. The Choice of Purchasing Methods of 3. State-owned Enterprises (I) bidding procurement 1. Compulsory bidding system Since bidding procurement can enable many bidders to participate in fair competition, encourage tenderers to obtain the best goods, projects or services at the lowest or lower price, ensure the reasonable and effective use of state-owned funds and other public funds, and improve economic and social benefits, certain types of procurement projects within the scope of the law, or procurement projects that reach a certain scale, must be purchased through bidding. The relevant legal provisions of the compulsory bidding system mainly include the "Tendering and Bidding Law", "Regulations on the Implementation of the Tendering and Bidding Law", "Provisions on Projects that Must Be Tested", "Provisions on the Scope of Infrastructure and Public Utilities Projects That Must Be Tested", etc. The above provisions delineate the scope of application of compulsory bidding procurement from the dimensions of procurement object, project type, source of funds, procurement scale, etc. (1) Purchase object dimension The procurement object of compulsory bidding is the construction project. According to Article 2 of the Regulations on the Implementation of the Bidding and Bidding Law, construction projects refer to projects and goods and services related to project construction. The project refers to the construction project, including the new construction, reconstruction, expansion of buildings and structures and related decoration, demolition, repair, etc.; the goods related to the construction of the project refer to the equipment and materials that constitute an integral part of the project and are necessary for the realization of the basic functions of the project; the services related to the construction of the project refer to the survey, design, supervision and other services required for the completion of the project. According to the second paragraph of Article 2 of the "Regulations on the Quality Management of Construction Projects", construction projects refer to civil engineering, construction projects, pipeline and equipment installation projects and decoration projects. (2) Item Type Dimension The provisions on the scope of compulsory bidding from the project type dimension are mainly reflected in the Provisions on the Scope of Infrastructure and Public Utilities Projects that must be tendered. According to the regulations, energy infrastructure projects, transportation infrastructure projects, communication infrastructure projects, water conservancy infrastructure projects, urban rail transit and other urban construction projects are related to social public interests and public safety, and must be tendered in accordance with the law. (3) Funding source dimension From the perspective of the source of funds, all or part of the use of state-owned funds investment or state financing projects and the use of international organizations or foreign government loans, aid funds projects must be tendered in accordance with the law. The provisions of Article 2 of the "Regulations on Engineering Projects that Must Invest in Bidding" are further refined. Projects that use state-owned funds or state financing in whole or in part refer to projects that use budget funds of more than 2 million yuan and the funds account for more than 10% of the investment. Projects in which state-owned enterprises and institutions have funds that hold a controlling or dominant position. Projects using loans and aid funds from international organizations or foreign governments refer to projects using loans and aid funds from international organizations such as the World Bank and the Asian Development Bank, as well as projects using loans and aid funds from foreign governments and their institutions. (4) Procurement scale dimension The provisions on the scope of compulsory bidding from the dimension of procurement scale are mainly reflected in the Provisions on Projects that Must Be Tested. The estimated price of construction single contract is above 4 million yuan, the estimated price of procurement single contract for important equipment, materials and other goods is above 2 million yuan, the estimated price of procurement single contract for survey, design, supervision and other services is above 1 million yuan, and the procurement of survey, design, construction, supervision and important equipment and materials related to engineering construction can be combined in the same project, if the total estimated contract price meets the standards specified in the preceding paragraph, bidding must be conducted. 2, may not bid the statutory circumstances In the presence of statutory circumstances, even if the project falls within the scope of the compulsory bidding system, it may not be tendered in accordance with the law. According to the Law on Tendering and Bidding, the Regulations on the Implementation of the Law on Tendering and Bidding, and the Measures for Tendering and Bidding for Construction Projects, it mainly includes the following situations: (1) Special projects involving national security, state secrets, emergency rescue and disaster relief; (2) It belongs to special circumstances such as the use of poverty alleviation funds to implement work-for-work relief and the need to use famous agricultural workers; (3) The need to adopt irreplaceable patents or know-how; (4) The purchaser can construct, produce or provide on its own according to law; (5) The franchise project investors who have been selected through bidding can build, produce or provide on their own in accordance with the law; (6) It is necessary to purchase works, goods or services from the original winning bidder, otherwise it will affect the construction or functional supporting requirements; 3. Special provisions for invitation to tender Where there are statutory circumstances, projects that should be subject to public bidding in accordance with the law may be invited to tender. According to the "Regulations on the Implementation of the Bidding Law" and the "Measures for Bidding and Bidding for Construction Projects", the following situations are mainly included: (1) Technical complexity, special requirements or limited by the natural environment, only a small number of potential bidders to choose from; (2) The cost of using the open tender method accounts for an excessive proportion of the project contract amount; (3) Construction projects involving national security, state secrets or emergency rescue and disaster relief are suitable for bidding but not for public bidding. 4. Voluntary bidding Due to the positive role of bidding in promoting fair competition, regulating transaction behavior, and enhancing economic benefits, the purchaser can voluntarily choose bidding as a procurement method for projects that are not required by law. It is applicable to procurement projects with clear procurement requirements, competitive conditions for the subject matter of the procurement, permitted procurement time, open procurement costs, and reasonable bidding transaction costs. (II) bidding inquiry ratio procurement 1. Bidding procurement Competitive procurement refers to the procurement needs are clear, the purchaser in accordance with the established rules and methods of one or more price comparisons to finalize the procurement of the contract counterpart. Competitive procurement is applicable to procurement with clear procurement needs, uniform specifications and models, sufficient supply, stable price or clear price formation mechanism. Among them, the procurement that allows one quotation shall be the procurement of goods that are not individually customized or provided to the purchaser, and the value of the existing fixed market is not high and the frequency is not high; the procurement that allows multiple quotations also includes the procurement of goods or services with competitive conditions customized for the enterprise. The purchaser shall, to the extent feasible, purchase relatively low-value procurement items from as many suppliers as possible through competitive bidding. State-owned enterprises need to pay attention to the differences between the bidding (inquiry) procedures stipulated in the Government Procurement Law: First, the purchaser can form a review team according to the complexity and technical requirements of the project, and whether it is necessary to hire experts from the enterprise advisory expert committee to participate in the review team is decided by the purchaser; Second, state-owned enterprises can require suppliers to quote once and cannot change the quotation, or can allow multiple quotations according to regulations; third, the receipt of only one or two quotations without exceeding the procurement budget cannot be considered invalid. 2. Inquiry and procurement Inquiry procurement refers to a procurement method in which the procurement requirements are clear and the purchaser allows the bidder to quote multiple times in accordance with the established procedures and finally determine the contract counterpart after evaluation. If one of the following conditions is met, the inquiry-based procurement method can be adopted:(1) projects, goods and services that have clear procurement requirements but do not meet the bidding conditions, including small and medium-sized projects that are not subject to bidding within the enterprise, a few projects with strong confidentiality that are not suitable for public bidding or invitation to bid, and projects that are located in remote areas and few construction units come to bid. (2) small and medium-sized simple projects after the failure of the tender. The characteristics of inquiry ratio procurement are that it has certain flexibility on the basis of maintaining competitiveness, and the procedures are simpler and more efficient. In the process of inquiry ratio procurement, the purchaser inquires, compares, communicates and negotiates with suppliers on various procurement factors and content details, and can also modify non-substantive terms and require suppliers to re-quote to maximize their own interests. 3 The difference between the two For example, both methods require clear procurement requirements and apply to standardized, simple and low-value procurement projects. The difference is that competitive procurement is more suitable for low-value goods with a higher degree of standardization and less frequent procurement, and that the requirements for standardization of the subject matter are lower than those for competitive procurement, and are generally applicable to works, goods and services. In addition, the focus of competitive procurement is on "price", that is, price competition on the premise of meeting demand; the focus of inquiry procurement is to select the best solution through dialogue and comparison, and to compete on this basis. Negotiate procurement (III) consultation 1. Negotiations on cooperation Cooperative negotiation refers to the procurement method in which the procurement needs are clear but the bidding conditions are not available, and the contract for goods or services can only be signed with the supplier through negotiation and the strategic partnership can be established. The cooperative negotiation procurement method can be adopted if one of the following conditions is met:(1) Procurement that requires long-term stable supply and cannot be met by bidding or other procurement methods. (2) Need to communicate face-to-face with specific suppliers to negotiate long-term cooperation in procurement. Cooperative negotiation is the main way of enterprise strategy negotiation. Generally applicable to the procurement of strategic materials, bottleneck materials or supply chain needs. Especially when it comes to strategic materials, bottleneck materials or negotiations with the only supplier, the purchaser's position is at a disadvantage, at this time should pay attention to prevent procurement risks, such as limiting the contract share of the largest supplier, establishing a long-term mechanism for material reserves, and actively formulating emergency plans to find alternative partners. Especially for state-owned enterprises, there are many external unstable and uncertain factors such as global epidemics, economic and trade policy adjustments in major countries, and even political conflicts in some countries, which have a great impact on the import customs clearance and logistics of key raw materials and important parts of enterprises. Under the background of the era, supply chain thinking should be used to strengthen procurement management and improve work, prevent procurement risks, and ensure the safety and stability of the supply chain. 2. Competition negotiations Competitive negotiation means that the purchaser negotiates with qualified suppliers on the procurement of projects, goods or services with clear procurement functional requirements and certain competitive conditions, the suppliers submit response documents and final quotations in accordance with the requirements of the negotiation documents, and the purchaser determines the procurement method of the transaction person from the candidates proposed by the negotiation team. Competition negotiation can be adopted if one of the following conditions is met:(1) there is an urgent need for the subject matter of procurement, and it is difficult to meet the production and operation needs of the enterprise by bidding or other procurement procedures, and the urgent need is not caused by the delay or predictability of the purchaser;(2) it is difficult to meet the needs of the purchaser by bidding or other procurement procedures for catastrophic events or favorable business opportunities;(3) the purchaser determines, other procurement methods are not suitable for protecting the basic national security or the core interests of the enterprise. Competition negotiation, a procurement method, is mainly used to solve problems such as time-critical and urgent needs. Unlike cooperative negotiations, competitive negotiations require certain competitive conditions and strict procedures. 3. Competition consultation Competitive negotiation refers to the complex projects with vague procurement requirements or requiring suppliers' opinions and certain competitive conditions. The purchaser and qualified suppliers discuss and negotiate on the procurement of projects, goods and services, and finally improve and determine the procurement documents and contract terms. The purchaser conducts financial negotiations with suppliers in turn according to the negotiation report and negotiation order submitted by the consultation group after evaluation, the first supplier to reach an agreement is the supplier's procurement method. Meet one of the following conditions
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Nineteen lawyers from Zhongcheng Qingtai Jinan Institute were rated as the first batch of professional lawyers in Shandong Province.
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Zhongcheng Qingtai Won 2022 "Commercial Law" Outstanding Comprehensive Strength Law Firm Award
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Lawyers Geng Guoyu and Gao Jinjun of Zhongcheng Qingtai Law Firm were respectively elected as the director and deputy director of the 10th National Lawyers Association Professional Committee
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Zhongcheng Qingtai Jinan Institute and Du Wentang Lawyers and Li Heng Lawyers Won the List of "10 Professional Law Firms and 60 Professional Lawyers of China's Engineering Law Worth recommend"
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Zhongcheng Qingtai Jinan Region
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