Zhongcheng Qingtai Dezhou Branch Launches September Theme Party Day Activities

In order to carry out the study and education of party history in a down-to-earth manner and promote the study and education of party history, on September 18, the party branch of Shandong Zhongcheng Qingtai (Dezhou) Law Firm organized a party day activity with the theme of "Do not forget your initiative mind, Remember Mission" in the party member conference room on the 23rd floor. The meeting was presided over by Li Jianhua, deputy secretary of the branch. Wei Junhui, secretary of the branch, and some party members attended the meeting. deputy secretary li jianhua organized the collective study: Learned Xi Jinping's thoughts on socialism with Chinese characteristics in the new era and related content of the party constitution; studied and implemented the spirit of General Secretary Xi Jinping's important speech at the opening ceremony of the Central Party School (National School of Administration) training class for young and middle-aged cadres, and organized seminars; studied the 16th issue of "Seeking Truth" magazine. General Secretary Xi Jinping's important article "Summarizing the Party's Historical Experience and Strengthening the Party's Political Construction"; organize party members to study the "Notice of the Dezhou Municipal Commission for Discipline Inspection of the Communist Party of China on 4 Typical Spiritual Issues Violating the Eight Central Regulations"; study "Regulating Network Order and Building a Beautiful Home". secretary wei jinhui pointed out in his speech: Just now, party members were organized to study the relevant documents and the spirit of leaders' speeches at all levels. Through studying General Secretary Xi's speech, everyone felt that General Secretary Xi Jinping's important speech was lofty, rich in connotation, long-hearted, and sincere. Everyone agreed that improving the ability to solve practical problems is an urgent need to deal with the current complex situation and complete arduous tasks, and it is also an inevitable requirement for the growth of all party members. In the future work, we must do everything in the post well, perform our duties with due diligence, show new responsibilities with strong skills, and better shoulder the responsibilities and missions of the new era. By studying the spirit of the ''Notice of the Dezhou Municipal Commission for Discipline Inspection on 4 Typical Spiritual Issues in Violation of the Eight Central Regulations'', the majority of party members and lawyers are educated to stick to their original mission, build a strong ideological dam, tighten the strings of style construction, strictly abide by the regulations, and make the party's fine Tradition and style are internalized in the heart and externalized in action. The notification of typical problems and the requirements of honesty and festivals should be conveyed to every party member to prevent the occurrence of violations of discipline and law from the source. It is hoped that all party members will conscientiously implement the spirit of the study conference, continue to do a good job in the study and education of party history, truly teach and understand party history, and use party history throughout the whole process of party members' study and education, so as to ensure the successful completion of the annual party building task.

2021-09-18

Zhongcheng Qingtai Law Firm Successfully Held Beijing Stock Exchange Business Training Meeting

On September 17, 2021, Zhongcheng Qingtai Law Firm held a training meeting of Beijing Stock Exchange. Lawyer Li Zhenzhong, deputy director, director of capital market department and senior partner of Zhongcheng Qingtai Law Firm, delivered a keynote speech at the training meeting. This training activity focused on the background, issuance conditions, rules and procedures of the establishment of the Beijing Stock Exchange. The general office of Zhongcheng Qingtai Law Firm and 19 branches jointly participated in this business training activity. Director Li Zhenzhong first introduced the background of the establishment of the Beijing Stock Exchange in the light of the national development policy and the environment of the capital market, and then explained the significance of the establishment of the Beijing Stock Exchange to small and medium-sized enterprises. finally, it focuses on the issuance conditions and procedures of the Beijing Stock Exchange. Director Li Zhenzhong's analysis and explanation combined a large number of practical cases, the language was simple, vivid and interesting, and gave his own unique views on the key issues. After the meeting, the on-site lawyers were enthusiastic about learning and actively communicated with Director Li Zhenzhong on relevant issues. Director Li gave answers and suggestions based on his rich business experience and practical cases. This business training activity closely follows the national policy guidance and the development trend of the capital market. Through the training of lawyer business, the professional skills of Zhongcheng Qingtai lawyers have been improved, and the enthusiasm of more than 700 lawyers in the whole firm to participate in the business of Beijing Stock Exchange has laid an important foundation for Zhongcheng Qingtai Law Firm to fully promote the securities business of Beijing Stock Exchange. The lawyer team of the Capital Market Department led by Director Li Zhenzhong is a professional service team composed of senior lawyers and assistant lawyers who are proficient in and familiar with the business in the field of capital market. All the lawyers in the team graduated from well-known law colleges in China. They also bring together diversified and compound lawyers, which can help enterprises to list in IPO business, company shareholding system restructuring, merger and reorganization, new third board business, equity trading center and provide follow-up legal services, provide full legal services for listed companies.

2021-09-18

Send the law into the countryside to preach activities

On September 13, Zhu Min, an aid lawyer from Haibei Prefecture, was invited to Gangcha County, Haibei Prefecture to give a lecture on the "the People's Republic of China Rural Revitalization Law. The "Rural Revitalization Promotion Law" was promulgated and implemented on June 1, 2021. Lawyer Zhu Min explained the legislative background, the significance of the introduction, the main features and highlights, and the meaning of the law. Rural revitalization, the rule of law first. The Rural Revitalization Promotion Law is a basic and comprehensive law in the field of agriculture, rural areas and farmers that is fundamental, stable and beneficial to the long-term. It has important milestone significance for promoting rural revitalization, talent revitalization, cultural revitalization, ecological revitalization, organizational revitalization and promoting the integrated development of urban and rural areas. The formulation and promulgation of the Rural Revitalization Promotion Law provides a strong legal guarantee for the comprehensive implementation of the rural revitalization strategy, and is of great significance for promoting the comprehensive upgrading of agriculture, the comprehensive progress of rural areas, the comprehensive development of farmers, the comprehensive construction of a modern socialist country, and the realization of the Chinese dream of the great rejuvenation of the Chinese nation. In order to promote the study and publicity of the Rural Revitalization Promotion Law, the preparation of guidance books and the holding of special training are conducive to promoting the cadres and the masses to deeply understand the core essence and spiritual essence of the law, and accurately grasp the requirements and measures of the law. Strengthen the traditional integration of traditional media and new media, and use channels such as newspapers, television, radio and websites, micro-official accounts, Weibo, news clients, live broadcast platforms, etc., to conduct all-round, multi-level, and three-dimensional publicity of the Rural Revitalization Promotion Law, To create a good legal atmosphere for comprehensively promoting rural revitalization and accelerating agricultural and rural modernization.

2021-09-17

I do practical things for the masses | Lawyer Liu Aiju of Zhongcheng Qingtai (Dezhou) Law Firm was invited to give lectures on law popularization in Luquantun Town and Sifusi Town of Wucheng County.

On September 16, in order to actively respond to the marriage and family tour of Dezhou Women's Federation "My Happiness Is My Own", our lawyer Liu Aiju once again went to Luquantun Town and Silusi Town of Wucheng County at the invitation of Wucheng County Women's Federation to give lectures on law popularization to the executive committee of the grass-roots women's Federation. Lawyer Liu focused on the marriage and family compilation of the Civil Code, and explained the three aspects of understanding the Civil Code, the highlights of the marriage and family compilation, and the analysis of related cases. Lawyer Liu used easy-to-understand language and vivid cases to analyze the relevant provisions of divorce cooling-off period, joint property of husband and wife, joint debts of husband and wife, custody of children, family agency, compensation for divorce damages, new adoption system and other relevant provisions in marriage and family compilation, so as to guide the executive committee of grass-roots women's federations to learn and use the law and improve their legal awareness. It is hoped that the executive committee of the grassroots women's federation will drive women in the jurisdiction to establish a good family style, promote family virtues, and learn to use the law to protect their legitimate rights and interests. The executive committee of the Women's Federation actively interacted with Lawyer Liu, and the atmosphere was active. At the same time, Lawyer Liu patiently and meticulously answered the questions raised by everyone. The executive committee of the Women's Federation expressed that they had learned a lot of legal knowledge about marriage and family and benefited very much. The lecture achieved good results. Zhongcheng Qingtai lawyers will continue to promote the "I do practical things for the masses" activities, practice the lawyer's public welfare mission, and assume more social responsibilities.

2021-09-17

Lawyer Gao Zongli of Zhongcheng Qingtai (Dezhou) Institute was invited to provide legal training for 156 management cadres of Dezhou Real Estate Agency Alliance.

At 6: 30 p. m. on September 15, lawyer Gao zongli of zhongcheng qingtai (Texas) law firm was invited by the Texas real estate agency alliance to carry out legal training activities on the theme of "protecting commission with legal weapons" in the conference room on the 4th floor of Yuxing hotel in Texas. Dezhou real estate intermediary alliance team, management, store managers and other 156 management cadres participated in the training. First of all, lawyer Gao Zongli raised several interesting questions about the determination of the validity of the contract, which aroused everyone's desire to learn the relevant knowledge in the Civil Code, and greatly mobilized everyone's enthusiasm for learning. Secondly, lawyer Gao Zongli explained in detail the definition of intermediary, the obligations of intermediary and the rights of intermediary. By interpreting the relevant legal provisions in the civil code and combining with the real cases he has handled, he focused on the obligation of real estate intermediary to carefully examine and verify the civil subject qualification, housing ownership and rights restriction in the transaction. And put forward feasible suggestions on how to prevent the problem of "jumping orders. All participants also actively participated in the discussion. Finally, Gao Zongli's lawyer put forward valuable suggestions on how to deal with the client's unauthorized attachment conditions, and reminded the real estate intermediary not to "add the lily" to create new contractual obligations for himself. The atmosphere at the training site was extremely active. The trainees said that they had improved their business capabilities through this training and benefited a lot. They were full of expectations for the next training.

2021-09-17

Evaluation of Construction Environmental Capital Law (No.23) | About the Scope of Projects Must Be Tendered! The National Development and Reform Commission has a new reply.

This article is reproduced in WeChat public number "Construction Engineering Information Publishing Platform" Link to the original text: About the scope of the project that must be tendered! The National Development and Reform Commission has a new reply. On its official website, the National Development and Reform Commission has given a centralized reply and response to difficult questions about the scope of projects that must be tendered and the tendering and bidding industry. We have compiled the full text for the reference of relevant practitioners. The full text of the relevant documents is attached at the end of the text. The National Development and Reform Commission's Reply Message Selected Summary Q1: Can construction projects below 4 million yuan be directly contracted out? Decree No. 16 issued by the National Development and Reform Commission stipulates that construction projects above 4 million yuan must be subject to public bidding, but there are no regulations on how to contract projects below 4 million yuan. Q: Can the tenderee directly contract out, or use competitive negotiation and competitive negotiation according to the relevant laws and regulations on financial procurement? A: Hello, further<必须招标的工程项目规定>and<必须招标的基础设施和公用事业项目范围规定>The notice on the implementation of the work (NDRC regulations [2020] No. 770) stipulates that the projects within the scope of articles 2 to 4 of the provisions on projects subject to bidding (Decree No. 16 of 2018, hereinafter referred to as Decree No. 16) and the provisions on the scope of infrastructure and public utilities projects subject to bidding (NDRC regulations [2018] No. 843), if the estimated price of a single contract for the procurement of construction, goods and services does not meet the scale standard stipulated in Article 5 of Decree No. 16, the purchaser shall independently choose the procurement method according to law, and no unit or individual may interfere illegally; among them, if government procurement is involved, it shall be implemented in accordance with the laws and regulations on government procurement. Thank you for your concern and support for the development and reform work! Reply Unit: Department of Regulations Q2: About the scope definition of projects that must be tendered? According to Decree No. 16 of the National Development and Reform Commission of the People's Republic of China, "Regulations on Projects Subject to Bidding", Article 2 Projects that (I) use budget funds of more than 2 million yuan and the funds account for more than 10% of the investment amount are subject to bidding. Article 5 If the estimated price of a single (I) construction contract is above 4 million yuan, bidding must be conducted. May I ask if the total investment of a reconstruction and expansion project is 3.6 million yuan, the source of funds is all budget funds, there is only one construction contract, and the construction contract amount is 3.1 million yuan. If according to the (I) clause of Article 2, the project belongs to the scope of bidding required, and according to the (I) of Article 5, the construction contract amount is not above the limit of bidding required, then is the construction of the project within the scope of bidding required? A: Hello, further<必须招标的工程项目规定>and<必须招标的基础设施和公用事业项目范围规定>The notice on the implementation of the work (NDRC regulations [2020] No. 770) stipulates that the projects within the scope of articles 2 to 4 of the provisions on projects subject to bidding (Decree No. 16 of 2018, hereinafter referred to as Decree No. 16) and the provisions on the scope of infrastructure and public utilities projects subject to bidding (NDRC regulations [2018] No. 843), if the single procurement of survey, design, construction, supervision and important equipment and materials related to engineering construction respectively meet the corresponding single contract price estimation standards stipulated in Article 5 of Decree 16, the single procurement must be invited for bidding; The single procurement of the project that does not meet the above-mentioned corresponding standards does not belong to the scope of bidding required by Decree 16. The estimated price of the single contract for the construction of the project you are consulting is 3.1 million yuan, which is less than 4 million yuan, which does not fall within the scope of bidding required by Decree No. 16. Thank you for your concern and support for the development and reform work! Reply Unit: Department of Regulations Q3: Does the 4 million yuan construction project have to be subject to public bidding? "Provisions on Engineering Projects Subject to Bidding" Decree No. 16 of 2018 Article 5 Projects within the scope of Articles 2 to 4 of these Provisions shall be subject to bidding if their survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction meet one of the following standards: (1) The estimated price of a single construction contract is above 4 million yuan May I ask: Among the conditions that must be invited for bidding, does the estimated price of the construction unit price contract include 4 million yuan? Or must it be greater than 4 million yuan? A: Hello, "the estimated price of a single construction contract is above 4 million yuan" includes 4 million yuan. Thank you for your concern and support for the development and reform work! Reply Unit: Price Division Q4: Project general contracting bidding consultation According to the current bidding laws and regulations, bidding projects are generally divided into three categories: service (survey, design, cost consulting, supervision, evaluation, etc.), construction and materials, and the bidding limits are 1 million, 4 million and 2 million respectively. What kind of general contracting (I. e. EPC, including survey and design, construction and materials) should belong to, and how should the quota be determined? A: Hello, About Doing Well Further<必须招标的工程项目规定>and<必须招标的基础设施和公用事业项目范围规定>The notice on the implementation of the work (NDRC regulations [2020] No. 770) stipulates that for projects within the scope of articles 2 to 4 of the provisions on Engineering projects subject to bidding (National Development and Reform Commission order No. 16 of 2018, hereinafter referred to as "order No. 16"), the employer shall, in accordance with the law, contract out all or part of the project and the goods and services related to the construction of the project, as long as one of the estimated prices of construction, goods, services and other parts of the general contract meets the corresponding standards stipulated in Article 5 of Decree No. 16, that is, the estimated price of the construction part reaches more than 4 million yuan, or the goods part reaches more than 2 million yuan, or the service part reaches more than 1 million yuan, the whole general contract shall be tendered. Thank you for your concern and support for the development and reform work! Reply Unit: Department of Regulations Full text of the reply Reply to the situation where "tendering may not be carried out" Article 9 of the Regulations on the Implementation of the the People's Republic of China Tendering and Bidding Law, except for the special circumstances stipulated in Article 66 of the Tendering and Bidding Law, where bidding may not be conducted, bidding may not be conducted under any of the following circumstances: (2) The purchaser can build, produce or provide on its own according to law. Consultation content: 1. How to understand "the purchaser can build, produce or provide on his own according to law" and whether this "can" includes the "can" of the purchaser's subsidiary "? 2. Take the Development Group as an example. It has a construction subsidiary. If the Development Group raises its own funds and builds its own projects, can it directly entrust its wholly-owned or controlled subsidiaries to build them without bidding? If not, from the general common sense and truth, one cannot ask one's own family to do things, which is really incomprehensible and difficult to accept. Reply: with regard to the provisions of item (II) of article 9 of the regulations on the implementation of the bidding law on "the purchaser can build, produce or provide on his own according to law", the following relevant requirements shall be met: first, the purchaser refers to a legal person or other organization that meets the qualification of a civil subject, excluding its related parent company, subsidiary company, and those with management or interest relationship, legal persons and other organizations with independent civil subject qualifications; second, the purchaser himself has the qualifications and capabilities for engineering construction, goods production or service provision; third, the purchaser must not only have the corresponding qualifications and capabilities, but also meet the statutory requirements. For work items that the purchaser cannot undertake at the same time in accordance with laws and regulations, the purchaser shall conduct bidding. The purchaser in this article refers to the project investor itself, not the other project owners entrusted by the investor, otherwise if any project through the entrustment of qualified project owners can not carry out bidding, will make the bidding system a mere formality. Reply to Consultation on Questions Related to Public Bidding 1. Can several projects that should be subject to public bidding according to law be combined for only one bidding? 2. Can the project tenderee who should invite public bidding according to law entrust other institutions (non-bidding agencies) as tenderers (non-bidding agents) to conduct bidding? Reply: Question 1: The relevant laws and administrative regulations of the existing tendering and bidding do not make clear prohibitive provisions for the situation you mentioned. In order to improve the efficiency of bidding and reduce transaction costs, the tenderer may, according to actual needs, conduct centralized bidding for repetitive bidding projects within a certain period of time or similar bidding projects of different implementing entities, but there shall be no restrictions or exclusion of potential bidders or bidders. Question 2: The project owner may entrust other units as tenderers, such as agent construction and centralized bidding. Reply on Whether Government Investment Projects Can Trade Through the Third Party Bidding Electronic Trading Platform Answer: Article 6 of the "Electronic Tendering and Bidding Measures" stipulates that legally established tendering and bidding trading venues, tenderers, tendering agencies, and other legal person organizations established in accordance with the law may build and operate electronic tendering and bidding trading platforms according to industries and professional categories. The State encourages equal competition in electronic tendering and bidding trading platforms. The "Internet" Bidding and Procurement Action Plan (2017-2019) clearly proposes to actively guide social capital to build and operate an electronic bidding and bidding trading platform in accordance with the direction of marketization. At the same time, promote fair competition among trading platforms, shall not exclude or restrict the construction and operation of trading platforms by market entities, limit the number of docking trading platforms, and directly designate trading platforms for tenderers. Reply on which department should be filed with for self-bidding filing projects Article 12, Article 3 of the "Tendering and Bidding Law" stipulates that "for projects that must be tendered according to law, if the tenderer handles the bidding matters on his own, he shall file with the relevant administrative supervision department". With regard to the approval and approval of projects that must be tendered in accordance with the law, Article 7 of the Regulations on the Implementation of Bidding has clearly stipulated that "...... the project approval and approval department shall promptly notify the relevant administrative supervision department of the scope of bidding, the method of bidding and the form of bidding organization determined by the approval and approval". May I ask which administrative supervision department should be filed with if the filing system project that must be tendered according to law takes the form of self-tendering? Answer: According to Article 7 of the "Regulations on the Implementation of the Bidding Law", the filing project does not need to approve the bidding plan, so it is not necessary to go to the project filing department for the filing of self-bidding. According to the third paragraph of Article 12 of the "Tendering and Bidding Law", "For projects that must be tendered according to law, if the tenderer handles the tendering matters on his own, he shall file with the relevant administrative supervision department". According to Article 4 of the "Regulations on the Implementation of the Tendering and Bidding Law", it shall be filed with the relevant administrative supervision department for the record. Reply on whether a subsidiary of a state-owned enterprise can participate in the bidding organized by the state-owned enterprise. Can a subsidiary of a state-owned enterprise participate fairly in the bidding organized by the state-owned enterprise as a bidder? Answer: The first paragraph of Article 34 of the "Regulations on the Implementation of the Bidding and Bidding Law" stipulates that legal persons, other organizations or individuals that have an interest in the tenderer and may affect the fairness of the bidding shall not participate in the bidding. This article does not prohibit legal persons, other organizations or individuals who have an interest in the tenderer to participate in the bidding, and the circumstances specified in the first paragraph of this article need to meet the two conditions of "the existence of an interest" and "may affect the fairness of the tender. Even if there is a certain "interest relationship" between the bidder and the tenderer, if the bidding activities are carried out in accordance with the law and the procedures are standardized, the "interest relationship" does not affect its fairness, it can participate in the bidding. Reply on whether the construction drawing review, cost consultation, third-party monitoring, monitoring and other services in the construction project belong to the scope of the project that must be tendered according to law According to the notice of the general office of the national development and Reform Commission on further improving the implementation of the provisions on engineering projects that must be invited for bidding and the provisions on the scope of infrastructure and public utility projects that must be invited for bidding (No. 770 of the development and Reform Office Regulations [2020]), the third paragraph of Article 1 states: "For items that are not clearly listed in Item (III) of the first paragraph of Article 5 of Order No. 16 and items that are not clearly listed in Article 2 of Document No. 843, no compulsory bidding shall be required." May I ask: If the construction drawing review, cost consultation, third-party monitoring, monitoring and other services in the construction project are fully invested by the finance and the above service fees are estimated to exceed 1 million yuan, can the owner unit choose not to invite bids. Reply: On Further Doing Well<必须招标的工程项目规定>and<必须招标的基础设施和公用事业项目范围规定>The notice on the implementation of the work (NDRC regulations [2020] No. 770) stipulates that if there is no basis for laws, administrative regulations or the provisions of the State Council, bidding shall not be compulsory for the service items specified in item (III) of paragraph 1 of Article 5 of Decree No. 16. Construction drawing review, cost consultation, and third-party testing services are not included in the listed regulations, and are not items that must be tendered, but those involving government procurement shall be implemented in accordance with government procurement laws and regulations. Reply on Which Party Should Pay the Service Fee of Bidding Agency Document No. 20021980 of the Interim Measures for the Administration of Bidding Agency Service Charges was listed as invalid in the official document issued on January 1, 2016. May I ask who should pay the bidding agency service fee and according to which regulation? Reply: The original "Interim Measures for the Administration of Bidding Agency Service Charges" (Pricing [2002] No. 1980) has been abolished by the "Decision on Repealing Some Regulations and Normative Documents" (Order No. 31 of the National Development and Reform Commission) issued on January 1, 2016. At present, there are no mandatory provisions on the subject of payment of bidding agency service fees at the national level. The bidding agency service fee shall be implemented by the tenderer, the bidding agency and the bidder in accordance with the agreed manner. Reply on whether bidding is required for 10 million renovation works unrelated to new construction, reconstruction and expansion of buildings and structures State-owned enterprise projects and buildings and structures of new construction, reconstruction, expansion of separate 10 million decoration projects, whether it is necessary to tender projects. Answer: According to Article 2 of the "Regulations on the Implementation of the Bidding and Bidding Law", the term "construction projects" mentioned in Article 3 of the Bidding and Bidding Law refers to projects and goods and services related to project construction. The term "project" as mentioned in the preceding paragraph refers to a construction project, including the new construction, alteration and expansion of buildings and structures and their related decoration, demolition and repair. Accordingly, the project you are consulting does not belong to the project that must be tendered according to law as stipulated in the Tendering and Bidding Law. Reply to the Scope of Application of the Provisions on Engineering Projects Subject to Bidding Does the "procurement of important equipment and materials related to engineering construction" mentioned in Article 5 of the Provisions on Engineering Projects Subject to Bidding include the procurement of non-Party A- supplied materials by state-owned construction enterprises? State-owned construction</必须招标的基础设施和公用事业项目范围规定></必须招标的工程项目规定></必须招标的基础设施和公用事业项目范围规定></必须招标的工程项目规定></必须招标的基础设施和公用事业项目范围规定></必须招标的工程项目规定></必须招标的基础设施和公用事业项目范围规定></必须招标的工程项目规定>

2021-09-16

I do practical things for the masses | Lawyer Liu Dong of Zhongcheng Qingtai Dezhou Institute was invited to Dezhou Emergency Management Bureau to give a legal training lecture.

On September 15, 2021, Lawyer Liu Dong was invited by the Dezhou Emergency Management Bureau to provide the Dezhou Emergency Management Bureau, Decheng District, county bureaus, and related production and operation enterprises to the revised "the People's Republic of China Safety Production Law" on September 1, 2021. "Legal training was conducted. According to the revised the People's Republic of China Safety Production Law, lawyer Liu Dong analyzed the management functions and law enforcement authority of the Emergency Management Bureau, and focused on the actual situation of relevant production and operation enterprises in Dezhou City, combined with the revised new content of the the People's Republic of China Safety Production Law, from adhering to people-oriented, promoting safety development, establishing and improving safety production policies and working mechanisms, and strengthening the "three must", clarify the law enforcement status of safety supervision departments, clarify the safety production responsibilities of township people's governments, sub-district offices, and development zone management agencies, further clarify the main responsibilities of production safety of production and business units, establish a system to prevent safety production accidents, establish a safety production standardization system, and implement Ten highlights of the registered safety engineer system, the promotion of the safety production liability insurance system, and the increase of accountability for safety production violations are fully interpreted, and combined with the safety responsibility accident case has carried on the concrete explanation. This legal training has improved the safety awareness of bureau leaders and law enforcement personnel, kept the safety legal red line of the company's relevant management and safety personnel in mind, and improved the safety prevention ability of relevant enterprises in Dezhou City. Zhongcheng Qingtai lawyers will continue to promote the "I do practical things for the masses" activities, practice the lawyer's public welfare mission, and assume more social responsibilities.

2021-09-16

The first creditors' meeting of the bankruptcy liquidation of Binzhou Hongtai Real Estate Co., Ltd. was successfully held.

On September 16, 2021, under the auspices of the Binzhou Intermediate People's Court, the first creditors' meeting for the bankruptcy liquidation of Binzhou Hongtai Real Estate Co., Ltd., with Zhongcheng Qingtai (Jinan) Law Firm as the administrator, was successfully held. The meeting was held in the form of an online meeting, with representatives of administrators, auditors, appraisal agencies, debtors and employees attending the meeting on the spot, and creditors who have declared their claims attending the meeting through the Ali bankruptcy management platform. On July 6, 2021, the Binzhou Intermediate People's Court ruled that it accepted the bankruptcy liquidation application of Guangdong Zhongming Building Decoration Industry Co., Ltd. against Binzhou Hongtai Real Estate Co., Ltd., and on July 15, it appointed Zhongcheng Qingtai (Jinan) Law Firm as the administrator. After accepting the appointment, the firm quickly set up a team of managers according to the characteristics of the project, formulated a detailed work plan and plan, diligently and faithfully performed its duties, fully performed the duties of the manager, and actively promoted the bankruptcy liquidation process. At the meeting, the administrator made the "Report on the Periodic Work of the Administrator in Performing Duties", "Report on Requesting the Creditors' Meeting to Verify Creditors' Claims", "Report on Requesting the Creditors' Meeting to Review the Administrator's Remuneration Plan"; read out the "Property Management Plan", "Proposal on the Establishment of the Creditor Committee and Rules of Procedure", "Statement of recommend of Candidates for Creditor Committee Members", and submitted to the Creditors' Meeting for deliberation. The two motions to be voted on at this meeting were unanimously adopted by all the voting creditors present at the meeting, accounting for 99.94 per cent of the total unsecured claims, and the agenda was successfully concluded. After the first debt meeting, the Institute, as the administrator, will continue to adhere to the principle of "according to law, standardization, efficiency and fairness", fulfill its duties, overcome difficulties, carry out follow-up work diligently and conscientiously, safeguard the interests of creditors to the maximum extent, protect the legitimate rights and interests of employees, and promote the smooth progress of the bankruptcy proceedings of the debtor. Attached: Project Investment Promotion Announcement Link: Investment Promotion Announcement of Taiwan Building (Platinum Yuecheng), No.16 Yellow River Road, Binzhou City

2021-09-16

Shandong Overseas Engineering Construction Legal Affairs Research Meeting Successfully Held in Zhongcheng Qingtai Jinan Institute

In order to investigate the legal risks and responses of Shandong enterprises in overseas engineering business, and to promote the improvement of Shandong enterprises' ability to prevent legal risks in overseas engineering business, with the support of the International Exchange and Cooperation Office of the Department of Housing and Urban-Rural Development of Shandong Province, Shandong Overseas Engineering The Construction Development Alliance and Zhongcheng Qingtai (Jinan) Law Firm jointly organized a research meeting on legal affairs of overseas engineering construction on the morning of September 15, 2021. Ma Xiucai, Deputy Director of International Exchange and Cooperation Department of Shandong Provincial Housing and Construction Department, Song Jie, Director of Market Operation Department of Shandong Institute of Building Science Co., Ltd., Zhang Zhengji, Chief Economist of China Construction Eighth Bureau First Construction Co., Ltd., Liu Pengbo, General Manager of Overseas Company of China Construction Eighth Bureau Second Construction Co., Ltd., Pan Hebin, Director of Market Operation Department of Jinan Urban Construction Group Co., Ltd., Zhu Bohua, Deputy Director of Comprehensive Office of Jinan Sijian (Group) Co, duan Dezhang, deputy general manager of Shandong Architectural Design and Research Institute Co., Ltd., Guo Yichun, director of legal department of Shandong Sanjian Group Co., Ltd., Xu Jin, deputy director of legal department, and other alliance enterprise representatives, Wang Qiaolian, director of Jinan Representative Office of Hong Kong Mai Jiarong law firm, and other leaders and industry colleagues attended the meeting. The meeting was presided over by Li Heng, deputy director and senior partner of Zhongcheng Qingtai (Jinan) law firm and President of Zhongcheng Qingtai law research institute. Directors Han Honggang and Geng Guoyu of Zhongcheng Qingtai Law Firm extended a warm welcome to the leaders and colleagues attending the meeting, and introduced the basic situation of the law firm and its legal business in the field of overseas engineering. This meeting invited Fu Benchao, a researcher at the Law School of Shandong University and director of the Judicial Practice Research Center, to make a report on "Judicial Response to Overseas Construction Project Disputes", introducing the current judicial status of foreign-related cases, and focusing on the jurisdiction and fact determination involved in overseas projects., The problems existing in the process of law application, judgment, enforcement, etc., put forward countermeasures and suggestions. Su Na and Dr. Zhang Tiantian, deputy director of the International Business Center of Zhongcheng Qingtai (Jinan) Law Firm, respectively made reports on "Analysis of Legal Risk of Overseas Project and Judicial Data of Guarantee Letter" and "Design Strategy of Dispute Resolution Clause of Overseas Project Contract", and sorted out the legal risks faced by overseas project construction in the stages of project planning and bidding, project contract negotiation and signing, project implementation and project closing, it also makes a visual analysis of the judicial big data of independent guarantee disputes in overseas projects, and puts forward some suggestions on the design of the dispute settlement clause of overseas engineering contracts. The representatives of the participating units of this meeting also introduced the actual situation of their respective enterprises in overseas engineering business, and exchanged and discussed the experience and problems in overseas engineering construction practice. The Vice President of the Overseas Alliance and the representative of the Secretary-General's unit, Minister Song Jie, affirmed the results of the research conference, and hoped that more interactive platforms would be built for enterprises to discuss how to consolidate and expand overseas markets in the international situation, finance and insurance, and how to consolidate and expand overseas markets under the epidemic ". Deputy Director Ma Xiucai finally made a concluding speech, hoping that colleagues from all walks of life will learn from each other's successful experience, strengthen the study of overseas engineering legal practice, and constantly promote the solution of practical problems encountered by Shandong enterprises in overseas engineering business. we will jointly promote the development of Shandong overseas engineering construction. The meeting focused on the legal risks of overseas projects, discussed and studied the path of risk avoidance and dispute resolution of overseas projects, and called for an active response to the national "Belt and Road Initiative" initiative to open up overseas markets and promote the high-quality and healthy development of overseas projects.

2021-09-16

Viewpoint... The general defense right, exclusive defense right and refusal to perform the provisions and application of the guarantor-the civil code guarantee problem is confusing (II).

The Civil Code gives the guarantor the general right of defense, the exclusive right of defense and the right to refuse to perform. The realization of each right has specific conditions. If it is properly exercised, the guarantor's unique rights and interests can be protected. If it is improperly exercised, the guarantor may lose the right of recovery. The creditor may fail to pay off the debt due to the exercise of the aforementioned rights. Therefore, it is necessary to clarify different situations to avoid confusion and legal risks. General right of defense of guarantor Article 20 of the former Security Law stipulates that "the right of defense refers to the right of the debtor to exercise the right of claim against the creditor in accordance with the legal cause when the creditor exercises the claim." This right of defense, whether the debtor exercises it or not, has the right to a separate defense, which is the legal origin of the guarantor's general right of defense. However, it is criticized for emphasizing that the exercise of the right of defense is based on "legal causes", which excludes the agreement between the creditor and the debtor on the existence of autonomy, but whether the main contract or from the contract, the parties can agree on a large number of corresponding rights and obligations, and even special terms. In view of this, article 701 of the Civil Code removes the restriction of "statutory causes. In case one, the debtor of the main contract exercises the right of defense against the creditor, the effect of which is based on the guarantor, even if the guarantor does not defend, the legal consequences of the debtor's claim also apply to the guarantor based on the subordinate nature of the guarantee contract. The guarantor shall be liable for the guarantee to the extent of the debt determined on the basis of the debtor's exercise of the right of defense. Case 2, the debtor of the main contract does not exercise (express or implied waiver) the right of defense, but the guarantee contract has relative independence, which is a guarantee contract concluded with the creditor based on the unilateral will of the debtor or the guarantor, and its relative independence enables the guarantor to still exercise the right of defense belonging to the debtor alone to protect the interests of the guarantor and prevent the debtor from colluding with the creditor to damage the interests of the guarantor; In case three, the debtor of the main contract exercises the right of defense, and the guarantor voluntarily waives the defense. For example, if the debtor sets off part of the debt or the claim exceeds the statute of limitations, but the guarantor still performs the guarantee liability before the set-off or performs the guarantee liability for the debt beyond the statute of limitations, the guarantor's right to recover from the debtor is lost. The creditor may claim the return of the excess of the payment, and the natural debt beyond the statute of limitations shall bear the legal consequences. PROPRIETARY DEFENCES OF GUARANTOR In view of the subordination and relative independence of the guarantee contract, the law gives the guarantor a separate and exclusive right of defense in order to balance the benefits of each method. Scenario 1, from the point of view of the principal contractual obligation, the creditor and the debtor change the principal contractual obligation without the written consent of the guarantor. The guarantor's liability belongs to "more not to bear, less not to make up", that is, to reduce the debt, the guarantor in accordance with the change of the debt to assume the responsibility of the guarantee. It should be reminded that the debt itself has not been changed but only the period of performance, and the guarantor is still liable for the guarantee without the written consent of the guarantor. However, it should be noted that the guarantor's guarantee period remains unchanged, and the guarantor still calculates the guarantee period according to the time agreed in the original contract or stipulated by law. This means that the creditor cannot take it for granted that after the change in the period of performance of the principal obligation, the starting point of the guarantor's guarantee period changes accordingly. This delay in claiming rights to the guarantor, there is a legal risk of the guarantor "de-insured. Case 2, from the creditor's point of view, the creditor transfers all or part of the claim without notifying the guarantor, and the transfer has no legal effect on the guarantor. In particular, when the contract prohibits the transfer of claims, the guarantor is no longer liable to the assignee without the written consent of the guarantor. The original Judicial Interpretation of the Security Law provided for the transfer of the principal claim to a third party, guaranteeing the simultaneous transfer of the claim. This provision results in the guarantor being in a completely passive subordinate state, which is not conducive to rationalizing the security relationship, so the Civil Code adopts the "notice of assignment of claims" rule, otherwise the guarantor has the right to refuse the assignee's claim for liability for the guarantee. However, in the case of a unilateral transfer of a non-transferable claim, the guarantor is exempted from the liability of guarantee, which is a very high legal risk for the creditor and the transferee if the creditor cannot accurately grasp it. But the question is whether the guarantor's guarantee liability will be restored if the assignee returns the prohibited transfer claim to the creditor? The Civil Code does not provide for it and needs further exploration in judicial practice. In case 3, from the perspective of the principal debtor, if the debtor transfers all or part of the debt with the consent of the creditor but without the written consent of the guarantor, the guarantor "waives the guarantee liability" for the transfer of the debt without consent ". The reason for this is that the guarantor's guarantee is based on a special relationship with the debtor, or a guarantee based on a recoverable assessment, and if a change in the debtor would lead to an increase in the associated risk, an imbalance in the guarantor's legal interests could easily lead to acts detrimental to the guarantor's interests. Scenario 4, from the point of view of debt accession, without the consent of the guarantor, a third party joins the debt relationship and becomes a new debtor, and the guarantor cannot refuse to assume the responsibility of the guarantee. The addition of the debt guarantees the realization of the creditor's rights, and whether the third party can truly perform the debt does not increase the guarantor's established guarantee liability. After the guarantor assumes the responsibility of guarantee, in addition to exercising the right of recovery from the original debtor, can the guarantor recover from the new debtor? The Civil Code does not provide for it, and it needs further interpretation in judicial practice. In terms of legal relations, the newly added debtor may be a debt by share or a joint debt, and the corresponding rights and obligations are different, requiring specific analysis of specific issues. Guarantor's right to refuse performance The Civil Code creates a new right for guarantors, the right to refuse performance. The essence of this right is the right to guarantee the performance of the obligation, that is, under certain circumstances (the debtor has the right of set-off or avoidance against the guarantor), the guarantor can resist the creditor's refusal to perform the guarantee obligation without being liable. Case 1, the guarantor's right of refusal based on the right of set-off. From a contractual point of view, the law recognizes statutory (subject matter similar maturing debt) set-off and intended (subject matter heterogeneous) set-off. The Civil Code does not exclude intended set-off here and should therefore apply as well. However, such a right is a temporary suspension of the performance of the guarantee obligation, not an exemption from the guarantee liability. If the debtor exercises the right of set-off or the right of set-off is found to be invalid by law, the guarantor's right to refuse performance is also lost. In case two, the guarantor refuses to perform on the basis of the right of avoidance. The Civil Code establishes the right of revocation to implement the principle of autonomy of the will, and when the parties to the contract (due to fraud, coercion, misunderstanding, etc.) have an act of untrue meaning, the parties are allowed to revoke the act, thus protecting the true will and interests of both parties. Similarly, the right of revocation belongs exclusively to the revocation right holder, and the guarantor cannot take the initiative to replace the right holder to exercise offside, so the Civil Code gives the guarantor the right to relief is the right of temporary refusal to perform, not the exemption from the responsibility of the guarantee. The right of set-off and the right of avoidance are the right of formation, and the exercise of such rights depends entirely on the unilateral intention of the debtor. The guarantor refuses to exercise the right of performance, which is enjoyed by the debtor and is still enjoyed at a particular stage during the exclusion period. That is, at the stage where the debtor is "saved but not used", if the debtor has exercised its rights, the guarantee liability is waived accordingly; if the debtor has removed its rights, the guarantor naturally does not have the right to refuse performance. This provision is based on the fact that the guarantor is given a relief mechanism when the scope of the secured debt is uncertain. Although the guarantor cannot directly exercise the right of set-off or revocation, the Civil Code gives the guarantor the right to perform the defense against the creditor, which is also conducive to the principal debtor and the creditor to finally determine the scope of the secured debt and avoid the litigation burden of serial litigation. In summary, the Civil Code further clarifies the guarantor's general defense right, the exclusive defense right, and creates the guarantor's right to refuse to perform. The exercise of these rights, even staggered, may change the "survival" of the entire secured debt, which is a place of dispute between the parties and cannot be ignored. Furthermore, the Civil Code still needs in-depth discussion on related issues. Welcome to further thinking, collision and communication! (Text/Cheng Law-abiding)

2021-09-15