Public Welfare on the Road | Zhongcheng Qingtai Lawyers Participate in Law Popularization Activities in Mashan Town, Changqing District

On the morning of September 9, lawyers Qi Jianpeng and Cao Shu from Zhongcheng Qingtai Jinan Institute and 19 party members and cadres from the discipline inspection and supervision team of the Shandong Federation of Trade unions, the Ministry of Security, and the Party branch of the Ministry of Law went to Mashan Town, Changqing District to carry out law popularization activities. The activities focus on the "Shandong Province Trade Union Labor Law Supervision Regulations" to publicize the law, distribute legal publicity materials, answer migrant workers' questions about labor contracts, wage payment, insurance, etc., and help migrant workers establish law-learning, law-abiding, law-abiding, and usage Awareness has achieved good publicity results.

2021-09-14

Liu Feng, a lawyer from Zhongcheng Qingtai Jinan Free Trade Zone, was employed as a special legal supervisor of Huaiyin District Justice Bureau.

Recently, the appointment ceremony of the special rule of law supervisor of Huaiyin District Justice Bureau, jointly organized by Huaiyin District Justice Bureau and Huaiyin District United Front Work Department, was held in the conference room on the first floor of Huaiyin District Public Legal Service Center. Lawyer Liu Feng from Zhongcheng Qingtai Jinan Free Trade Zone was invited to attend as the special rule of law supervisor. At the appointment ceremony, the "Decision of the Judicial Bureau of Huaiyin District, Jinan City on the Appointment of 12 Special Rule of Law Supervisors including Zhou Guihua" was read out, and 12 special rule of law supervisors were heard in turn. Deputy Director of the United Front Work Department of Huaiyin District Committee Zhao Xinwen and Wang Shiyong, a member of the Party Group of the Judicial Bureau of Huaiyin District, issued appointment certificates to special rule of law supervisors. Participants visited the Huaiyin District Public Legal Service Center and listened to the staff's introduction on public legal services such as legal aid, lawyer notarization, and people's mediation. The special rule of law supervisor hired this time is based on the Shandong Provincial Party Committee United Front Work Department's "On Forwarding<关于加强特约人员工作的意见>The spirit of the "Notice" document was produced by the United Front Work Department of the Huaiyin District Committee after consultation with various democratic parties and relevant units for recommend and inspection, and after the research and approval of the Party Group of the Huaiyin District Judicial Bureau. In the next step, the Judicial Bureau of Huaiyin District will invite special rule of law supervisors to participate in the daily work of the public legal service center, give full play to the role of democratic parties and personages without party affiliation in participating in and discussing state affairs and democratic supervision, further practice the concept of justice for the people, and promote the construction of Huaiyin under the rule of law. </关于加强特约人员工作的意见>

2021-09-14

Can branches, subsidiaries, etc. participate in the project bidding? Regarding the participation of branches and parent subsidiaries in the bidding activities, this article is clear.

This article is reproduced in the WeChat public number "Construction Engineering Information Publishing Platform", from China Planning Publishing House. Link to the original text: Practical Questions and Answers | Can branches, subsidiaries, etc. participate in project bidding? 1. Can the branch bid? Question: What is the difference between a subsidiary and a branch company? For a construction project, is the branch company allowed to bid? For general projects (such as projects that do not require qualifications), is the branch company allowed to bid? A: See the table below for the differences between branches and subsidiaries. For construction projects, the branch is not allowed to bid, because the construction project requires the bidder to have the corresponding general contracting or professional contracting qualification, the branch can not obtain the construction qualification certificate. For general projects, branch companies may be allowed to bid, but the final civil liability is borne by their head office. 2. Can the branch bid with the qualification of the head office? Q: For an electronic intelligent bidding project, one of the bidding units is a branch, because there is no qualification, the qualification of the head office is used to participate in the bidding of the project. During the evaluation, the bid evaluation committee considers that the head office has the qualification and authorization to the branch and determines that the branch bid is valid. May I ask: Can a branch bid with the qualifications of the head office? A: The bid of the branch company for this project is invalid. Qualification is an administrative license and may not be granted or accepted privately. It is illegal for the head office to authorize its own qualification to a subsidiary and promise it to use it to participate in the bidding. It should be noted that if the project branch is bidding in the name of the head office, the role of the branch in the project is the authorized representative of the bidder (head office), not the branch itself. In this case, the bid is valid. 3, the parent company to participate in the same project bidding, the parent company voluntarily give up bidding, the subsidiary's bidding should be how to deal? Q: A project is subject to public bidding. A total of 6 construction companies participated in the bidding, two of which are parent and subsidiary companies. After the project entered the bid evaluation stage, the parent company issued a written notice to voluntarily waive the bid. Should the bid evaluation committee continue to evaluate the tender documents of the subsidiary, or should it reject the tender of the subsidiary? A: The tender of the subsidiary shall be subject to invalid tender treatment. The second paragraph of Article 34 of the "Regulations on the Implementation of the Bidding and Bidding Law" stipulates: "The person in charge of the unit is the same person or different units with a holding or management relationship, and shall not participate in the bidding of the same bid section or the same bidding project that is not divided into bid sections." According to the provisions of this article, the following different bidding units shall not participate in the bidding activities of the same bidding project: ① Different bidding units in which the person in charge of the unit is the same person; ② Different bidders with a controlling relationship; ③ Different bidding units with management relationship. The law prohibits different bidding units with the above-mentioned relationship from participating in the same project competition, which is a restrictive provision made to maintain the fairness of bidding. In the practice of bidding and tendering, there is a holding or management relationship between two units to participate in the same bidding project bidding, prone to prior communication, private collusion and other phenomena, affecting the fairness of competition, it is necessary to prohibit. In this case, there is a control and controlled relationship between the parent and subsidiary, which is prohibited by law. The third paragraph of Article 34 of the "Regulations on the Implementation of the Bidding Law" also stipulates: "If the provisions of the preceding two paragraphs are violated, the relevant bids are invalid." The invalid tender here means that the tender activity is invalid from the beginning. In other words, as long as there are prohibited circumstances stipulated in paragraphs 1 and 2 of Article 34 of the regulations, the relevant bid shall be invalid no matter when it is found. Specifically: if this situation is found in the bid evaluation process, the bid evaluation committee shall reject the bid; If this situation is found in the publicity of the winning candidate, the tenderee shall cancel its qualification to win the bid; If this situation is found after the contract is signed, the winning contract shall be invalid, and the tenderee shall cancel the contract, re-identify other winning candidates as the winning bidder according to law, or re-bid; If the contract has been performed, if it cannot be restored to the original state, the winning contract shall be invalid and the winning bidder shall compensate for the losses caused thereby. In this case, if it is found that the parent and subsidiary companies participate in the bidding of the same project at the same time, the bid evaluation committee shall reject the bidding documents of the parent and subsidiary companies. The rejection of the bid by the bid evaluation committee shall be made on its own in accordance with the law and shall not be affected by whether the parent company makes the abandonment of the bid. In addition, the legal nature of the parent company's abandonment of the tender after the closing of the tender is a withdrawal of the offer. As a tenderer, it may also not refund the tender deposit of the company in accordance with the relevant laws and the provisions of the tender documents. 4. How do you understand that "parent company, wholly-owned subsidiary and its holding company" may not bid at the same time? Q: How do you understand that "parent company, wholly-owned subsidiary and its holding company" cannot bid at the same time? Can wholly-owned subsidiary and holding company bid at the same time? In other words, can brother companies bid at the same time in the bidding of goods? Answer: The wholly-owned subsidiary of the same company and its holding company, that is, the brother company, if its legal representative is not the same person, can participate in the bidding of the same bid section or the bidding of the same project without division. The second paragraph of Article 34 of the "Regulations on the Implementation of the Bidding and Bidding Law" stipulates: "The person in charge of the unit is the same person or different units with a holding or management relationship, and shall not participate in the bidding of the same bid section or the same bidding project that is not divided into bid sections." Therefore, a parent company cannot bid for the same project at the same time; however, between a wholly-owned subsidiary and a holding company of the same parent company, I .e. between brother companies, if their legal representatives are not the same person, they may participate in the bidding for the same bid section or the bidding for the same project without division of the bid section. 5. According to the Measures for Tendering and Bidding for Construction Projects, what are the subsidiaries that are not eligible to participate in bidding? Q: Article 35 of the Measures for Bidding and Bidding for Construction Projects (Decree No. 30 of the National Development and Reform Commission and other seven departments) stipulates that bidders are legal persons or other organizations that respond to bidding and participate in bidding competition. Any subsidiary body (unit) of the tenderee that does not have independent legal personality, or any legal person and any subsidiary body (unit) that provides design and consulting services for the preliminary preparation or supervision of the bidding project, are not eligible to participate in the bidding of the bidding project. What are the subsidiary bodies? Answer: The specific scope of "subsidiaries (units)" referred to in Article 35 of the "Measures for Bidding and Bidding for Construction Projects" includes wholly-owned subsidiaries of the parent company, holding subsidiaries, and branches of the company that do not have legal personality., Offices, representative offices and other related institutions. 6. In the construction project, can the parent company directly contract out the bidding project to a subsidiary company with construction qualification? Q: The tenderer of a construction project is Company A, and Company B is a wholly-owned subsidiary of Company A. Company A does not have the qualifications required for the bidding project, and Company B has the qualifications and capabilities required for the construction project. Can Company A directly contract out the bidding project to Company B? If not, can Company B participate in the bidding of Company A's bidding project? Answer: Company A cannot directly contract the bidding project to Company B. Because Article 9 of the "Regulations on the Implementation of the Bidding and Bidding Law" stipulates that if the purchaser can build, produce or provide on his own in accordance with the law, he may not invite tenders. Company A does not have the qualifications required for the bidding project and cannot construct by itself. It must determine the construction contractor through bidding. Although Company B is a wholly-owned subsidiary of Company A, Company A and Company B are both independent legal entities with respective rights and obligations. Therefore, although Company B has the qualifications and capabilities required for the construction project, Company A cannot directly contract out the bidding project to Company B. On the premise of not affecting the fairness of bidding, Company B can participate in the bidding project of Company A. Because according to Article 34 of the Regulations on the Implementation of the Bidding and Bidding Law, 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 that have an interest in the tenderer from participating in the bidding, and the prohibition of bidding requires that the two conditions of "the existence of an interest" and "may affect the fairness of the bidding" be met at the same time. Even if there is a certain "interest" 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" does not affect its fairness and can participate in the bidding.

2021-09-13

I do practical things for the masses | Lawyer Liu Dong of Zhongcheng Qingtai Dezhou Institute was invited to Shandong Deshe Construction Engineering Co., Ltd. to give a lecture on law popularization.

On September 10, 2021, Lawyer Liu Dong was invited by Shandong Deshi Construction Engineering Co., Ltd. to conduct legal training for the company on the revised "the People's Republic of China Safety Production Law" on September 1, 2021. According to the actual situation of the company, combined with the new contents after the revision of the the People's Republic of China production Safety Law, lawyer Liu Dong started from four aspects: strengthening the position of production safety work, further implementing the main responsibility of production and business units, the orientation of government safety supervision, strengthening law enforcement at the grass-roots level, and strengthening the accountability of production safety, focusing on the practical problems and development requirements of production safety. Supplement the specific contents of the relevant legal system, focusing on the ten highlights of this law revision, we will conduct a comprehensive development and refinement, and combine the relevant cases around us, and interpret the revised "the People's Republic of China Safety Production Law" from the aspects of civil, administrative, and criminal liability. This lecture strengthened and improved the safety risk awareness of the company's management and related safety personnel, and played a leading role in escorting the company's safe and healthy development. 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.

2021-09-11

Lawyer Cheng Shou was invited to attend the China (Jinan) Credit Fair and delivered a keynote speech.

From September 10 to September 12, 2021, the 14th China (Jinan) International Information Technology Expo and the 2021 China (Jinan) Digital Economy High-end Summit was held in Jinan. Cheng Shoufa, deputy director of Zhongcheng Qingtai Jinan Institute, was invited to deliver a keynote speech for the parallel forum on "Application and Development of Big Data in Health Care". He interpreted the "Data Security Law" on the spot and explained the construction of health care data security and compliance system. President Xi Jinping sent a congratulatory letter to the establishment of the International Research Center for Sustainable Development Big Data on September 6, 2021. Shandong implemented the ''Shandong Province Health Care Big Data Management Measures'' on October 1, 2020, and established the Shandong Health Care Big Data Management Center to promote the application and development of health care big data. Big data research applications, security protection, use rules, etc. have been put on the agenda, with the implementation of the data security law on September 1, 2021, legal services on big data is becoming increasingly important. The big data legal service team of Zhongcheng Qingtai Law Firm will provide efficient and professional legal services for government big data management, enterprise big data application and personal big data protection.

2021-09-11

Lawyer Meng Fanhu was invited to participate in the special research symposium of the Social and Legal Committee of the CPPCC National Committee.

On the morning of September 10, Wang Yongqing, vice chairman of the CPPCC National Committee, led the research group of the Social and legal Committee of the CPPCC National Committee to Jinan to hold a special research forum on "improving the judicial quality and efficiency of foreign-related law enforcement. Wu Cuiyun, Vice Chairman and Deputy Secretary of the Party Leadership Group of the Shandong Provincial Political Consultative Conference, Fan Huaping, Deputy Governor of Shandong Province, Member of the Party Leadership Group of the Provincial Government, Director of the Provincial Public Security Department, Wang Yujun, Director of the Provincial Department of Justice, and Provincial Political Consultative Conference, Provincial Higher People's Court, Provincial Department of Commerce, Provincial Market Leaders from the Supervision Administration and Provincial Council for the Promotion of International Trade attended the meeting. Lawyer Meng Fanhu, deputy director of Zhongcheng Qingtai Law Firm, was invited to attend and make a speech at the meeting. In order to thoroughly implement the decision and deployment of the Party Central Committee on comprehensively strengthening the rule of law related to foreign affairs, and promote the implementation of major tasks related to central documents. The Social and Legal Affairs Committee of the National Committee of the Chinese People's Political Consultative Conference formed a research group to understand the difficulties and urgent problems faced by foreign-related law enforcement and judicial work through investigations, effectively improve the quality and efficiency of foreign-related law enforcement and judicial work, and put forward countermeasures and suggestions. Lawyer Meng Fanhu gave a speech on the topic of "Problems and Countermeasures in International Law Enforcement Cooperation in Overseas Pursuit and Recovery of Stolen Goods. Lawyer Meng Fanhu has strengthened international law enforcement cooperation with major countries in the world such as Europe and the United States, and actively concluded bilateral treaties; revised and improved my country's Criminal Law, Criminal Procedure Law, Extradition Law and other relevant laws; resolved the materialization of court trials and strengthened judicial authority. This paper puts forward its own suggestions in terms of ensuring that lawyers provide effective defense and giving full play to the advantages of lawyers.

2021-09-11

Dynamic | 99 Public Welfare Day, We Are in Action

From September 7 to 9, 2021, during the 99 public welfare day, I became a group of Qingtai caring lawyers. under the organization and mobilization of the party branch of the law firm and the youth working Committee, I once again participated in the two public welfare projects of "warm up the children in distress in Texas" one foundation warm package public welfare fund-raising and "hope hut dream building plan" public welfare fund-raising. During the activity, a total of 45 people gave their love and donated more than 10000 yuan. Among them, more than 8,000 yuan was donated to the public welfare project "Warming Texas Children in Distress" and 239 love was sent to Texas children in distress. Donated more than 1,000 yuan to the public welfare project of "Hope Cabin Dream Building Plan" and 39 hopes to Texas children in distress. At the same time, members of the love lawyer group actively answered questions online and accumulated little red flowers to strive for the donation of Tencent One Foundation to double their love. Children are the future of the motherland. Zhongcheng Qingtai will continue to carry out its original mission, offer love, help the development of public welfare undertakings in Dezhou, and let every youth grow up healthily and happily.

2021-09-11

Review of Construction and Environmental Capital Law (No.21) | How to Solve the "Two Skin" Problem of the Consortium under the New General Package Policy?

This article is reprinted on WeChat public number "China Survey and Design" and published in the August 2021 issue of "China Survey and Design" magazine. The original author is Liu Qiyou of Shenzhen Construction and Public Works Department, and Zeng Yuhua He Ping of China Architecture Southwest Design and Research Institute Co., Ltd. Link to the original text: How to solve the "two skins" problem of the consortium under the new general contracting policy? The joint project department solves the "two skins" problem of the general contracting consortium. In December 2019, the Ministry of Housing and Urban-Rural Development and the National Development and Reform Commission jointly issued the ''Administrative Measures for the General Contracting of Housing Construction and Municipal Infrastructure Projects' (hereinafter referred to as the ''Administrative Measures''), which clearly stated that the general contracting unit should have both the scale of the project. Adapted engineering design qualifications and construction qualifications, or a consortium formed by design units and construction units with corresponding qualifications. The "Administrative Measures" require that my country's general contracting projects must adopt the "dual-qualification" independent contracting or "dual-qualification" consortium model. Subject to the trading and management habits that have been formed by the separation of design and construction and the fact that the relevant laws of our country cannot avoid the provisions of the consortium, the consortium model is not a short-term model. However, due to the inconsistency of corporate culture, management system, salary system and project objectives among different enterprises, the phenomenon of "two skins" is common in the general contracting consortium, which is bound to have a certain impact on the development of the consortium model and even the general contracting model. This paper intends to draw lessons from the formation mode of PPP project SPV company and real estate project company, and puts forward a concept of joint project department (JPD) with unified organizational structure, unified management system and unified salary system in Project general contracting Department, in order to provide an innovative solution for the development of general contracting mode in China. The market status and practical significance of the general contracting consortium model. analysis of current market situation In the 1950 s, China began to introduce the Soviet construction model. Due to the institutional reasons at that time, China formed a construction model with the separation of design and construction, which is still in use today. The relevant laws of our country stipulate that the design enterprise is responsible for the design drawings, the construction enterprise is responsible for the construction according to the drawings, and the owner corresponds to two subjects respectively. Article 35 of the Measures for Construction Bidding and Bidding of Engineering Construction Projects stipulates that when bidding for construction projects, any subsidiary body (unit) of the tenderee that does not have independent legal personality, or any legal person and any subsidiary body (unit) that provides design and consulting services for the preliminary preparation or supervision of the bidding project, are not eligible to participate in the bidding of the bidding project. In accordance with the provisions of the above-mentioned laws and regulations, China's special construction enterprises or comprehensive Class A, industry Class A design enterprises, even if they have the corresponding design qualifications or construction qualifications, but in the actual implementation of the project by legal restrictions, can not participate in the design and construction of the same project independent bidding. The design enterprise is responsible for the design, the construction enterprise is responsible for the construction of the pattern, has solidified and formed the trading habits and management habits. At present, domestic EPC projects are in a stage of vigorous development, but from the perspective of the entire construction market, EPC projects still account for a low proportion of construction projects in the housing construction and municipal fields, mainly concentrated in government investment projects. In the current market environment, both design enterprises and construction enterprises, there are a large number of or even most of the business for non-engineering general contracting projects, few design enterprises or construction enterprises in order to develop the project general contracting business to transform the entire enterprise into an engineering company. At this stage, the consortium model of EPC is still the regular model in the EPC market. The practical significance of the existence of the consortium model. Combined with the actual situation in China, the operation and management mode of separation of design and construction will continue the traditional mode for a long time. The development trend of the general contracting market in the future should be the coexistence of "double qualification" independent contracting mode and "double qualification" consortium mode. The consortium model is an objective model, which has important practical significance for the exploration and practice of this model, mainly including the following aspects. First, for some design enterprises and construction enterprises that are willing to transform into engineering companies, the consortium mode is the transitional choice in the process of transformation. Adopting the consortium mode to undertake projects is conducive to enterprises to gradually complete the adjustment of organizational structure and management system, as well as technology accumulation and talent accumulation on the basis of controllable risks and through mutual learning and project practice. Second, even if some companies already have independent design and construction capabilities, for the sake of business diversification and efficiency, the use of the consortium model for project undertaking is a possible choice for their business development. Third, the consortium model can realize the technical integration of design and construction in the fastest way, give full play to the respective advantages of different enterprises, and form a strong alliance. This is also the vitality and value of the model itself. Analysis of the problems and causes of the general contracting consortium model. At present, the general contracting projects are mostly undertaken in the form of consortia. The design enterprises implement the project design and the construction enterprises implement the project construction, which is not much different from the traditional management mode. The integration of design technology and construction technology required for general contracting projects is not obvious, and the phenomenon of "two skins" is still obvious. The root of the phenomenon of "two skins" is that the business undertaking mode of China's construction industry has not got rid of the influence of the "Soviet model" (design and construction are separated from each other). Both design enterprises and construction enterprises have formed inertia in a long-term and single business state. There are significant differences between the two sides in corporate culture, management system and salary distribution. Under such circumstances, it is difficult for the consortium to form a unified operating system. Investigate its reason, mainly includes the following several aspects. Cultural Differences of Consortium Enterprises In the past few decades, there have been significant differences in the social awareness of design companies and construction companies under the traditional model, and the social awareness of the industry by employees of the two types of companies: construction companies have long been dubbed "making money" as the first The image of the contractor with the goal; the design company is dubbed the image of senior intellectuals with "high technology content. The two types of enterprises form a consortium, because of their differences in corporate culture itself, there will be differences in the understanding of the project at the corporate level. In addition, in the development process of the construction industry, the design market is dominated by brand and technology, that is, whether the owner favors a certain design company, mainly focusing on its product reputation, the "star effect" of high-end talents and technical strength. The construction market, on the other hand, is dominated by scale, management methods and construction technology, I .e., the choice of construction companies by owners is more focused on the scale of their local output value and project management capabilities. In the long run, in the pursuit of the goal of the enterprise, the design enterprise as a whole is more inclined to design the value guidance and technical guarantee of the building, the social reputation of the architectural works and the word-of-mouth evaluation of the use unit, while the construction enterprise is more inclined to the research of construction technology and the maximization of the profit of the output value per unit time. The differences in corporate culture between consortia bring about differences in project culture, which will lead to different perceptions of the same thing. The cultural identity and goal direction of the two sides are inconsistent, and the phenomenon of "two skins" will lead to the end of "split" between the two sides of the consortium. differences in enterprise management system In essence, the design enterprise is responsible for the design work and belongs to the intelligence-intensive enterprise; the construction enterprise is responsible for the construction work and belongs to the labor-intensive enterprise. There is a big difference between the two enterprise management systems. The difference in the nature of the enterprise is accompanied by the difference in the management system, the management system of the design enterprise is more inclined to give full play to the designer's creation and research and development value, so the design enterprise in the design project is rarely in accordance with the project management ideas to manage. The construction enterprises need to be responsible for the progress of the construction site, the quality of the project, safety and civilization, so the planning, execution and procedure of their work are the top priority. In the work, the construction management personnel need to wear safety equipment in strict accordance with the management system and guide the construction in the designated area according to the standard process, while the designers are more accustomed to discussing or reporting the design scheme in the office and conference room. Using project management ideas to unify the two separate teams of design and construction, because of the differences in the management system of the enterprise itself, it is easy to lead to "incompatibility" between designers and construction personnel on the same project ". If the consortium design team and construction team are forcibly "bundled", the phenomenon of "two skins" will still be unavoidable because the enterprise system implemented cannot be unified. Differences in Enterprise Salary Distribution System In the traditional mode, due to the relatively short design cycle, the salary distribution assessment of the design enterprise focuses on the amount of work completed within the specified time, that is, the piece-rate system, and the income composition is usually the basic salary and piece-rate income. The distribution mechanism of construction enterprises is more based on the incentive system of project target assessment, that is, it is composed of basic salary and project target assessment award. For a project, due to the large difference between the design cycle and the construction cycle, designers often put into the work of the next project immediately after completing the design work of the project, and the energy invested in the construction phase is extremely limited. But in fact, the design problems fed back from the construction phase are often the key factors that restrict the smooth progress of the project and affect the cost control. Therefore, the differences in the salary distribution system lead to a very uneven investment of design resources in each stage. The design team and the construction team in the same project with different objectives for assessment and distribution, the phenomenon of "two skins" is bound to appear. In addition, the reasons for the "two skins" of the project general contracting joint model include not only the above three types, but also the management methods of the construction unit and the supervision (full consultation) unit to the consortium unit, and the construction department to the project general contracting The supervision method, etc., but the above reasons are the problems that have the greatest impact on the general contracting of the project in the existing system and need to be solved urgently. Forms of Consortium in Other Areas SPV companies in the PPP model. The PPP model, that is, the cooperation between the government and social capital, is a project operation mode in public infrastructure. The participation of social capital, on the one hand, can help the government to improve the project quality and operational efficiency, on the other hand, it will also share the risk of construction with the government [1]. A common structure of the PPP model is an SPV company, which is a subsidiary with an independent legal person established by one or more parent companies for a special purpose. Such a company can borrow from a bank, raise capital from society, or be traded as an equity asset with limited liability. In the construction of infrastructure projects, both government and social capital are shareholders of SPV companies, through which SPV companies sign contracts with contractors for construction, and use the mechanism of SPV companies to assume only limited liability to reduce the risk of both parties [2]. Project Company System for Real Estate Projects The project company system for real estate projects refers to the development of a project by two or more real estate companies by jointly forming a project company and automatically disbanded upon completion of the project to achieve the project objectives at a lower cost. There are two main existing cooperation models: one is that local companies use their own land acquisition advantages to cooperate with companies with more project development capabilities to carry out project development to achieve "strong alliances"; the other is two or more companies. The project company is jointly established as a leader and member to achieve "complementary advantages". This combination of complementary advantages can effectively enhance the development strength of the project and help to eliminate the obstacles in the project development process caused by the management of multiple companies [3]. Joint Project Department (JPD) is an important way to solve the "two skins" The Concept of Joint Project Department (JPD) Based on the concept of SPV company and project company system of real estate project under PPP mode, in order to crack the phenomenon of "two skins" in general contracting mode, the author puts forward the concept of "joint project department" for the consortium mode of general contracting project, that is, to establish a joint project department for a certain project by drawing on the formation mode of SPV and project company. Compared with the original consortium model, the joint project department adopts a unified organizational structure and management system to achieve unified operational objectives and unified salary distribution on the basis of the formation of a consortium through internal agreements between design enterprises and construction enterprises. solve the problem of "two skins" caused by inconsistent objectives and difficulties in integration under the consortium model. Unified organizational structure In terms of organizational structure, the personnel of both enterprises in the joint project department will be separated from the organizational structure of their respective enterprises, and a unified organizational structure will be reorganized according to different functions, which will be divided into leadership, project department management and business department executive level from top to bottom. Among them, the leadership is jointly formed by the two enterprises, representing the will of the two enterprises, making the final decision on the operation of the joint project department, and coordinating with the owners and subcontractors at the top. The management committee has the management decision-making power of the joint project department and coordinates the operation of all business departments under the will of the leadership. The executive layer of the business department carries out corresponding work according to different business sectors, such as design department, commerce department, engineering department, security department, engineering department, security department, quality department, security department, quality department and general department, etc. This kind of personnel organization structure makes the advantageous resources of the consortium effectively integrated, the responsibility interface of the business department will be clearer, the departments will cooperate with each other according to the needs, no longer need to go through the approval of the affiliated enterprise, greatly reduce the redundancy of the process, so as to improve the efficiency of solving problems. Joint Project Department (JPD) organizational structure diagram Unified project objectives Under the guidance of the strategic objectives of the project, the departments at all levels in the joint project department will be truly integrated to carry out their work and resolve the obstacles ahead. For example, when the engineering department finds that the original design scheme has great construction difficulty or even construction danger, it can directly seek the cooperation of the design department and the security department to discuss the optimal solution of the problem. Under the constraints of the common project progress target and safety target, the design department and the safety department are bound to actively cooperate with the engineering department. for example, various schemes are proposed according to the actual conditions on site, and the final solution is obtained under the discussion of the three departments. unified management system On the basis of a unified organizational structure and project objectives, the joint project department takes the business department as a unit and establishes a new management system for the department in accordance with the principle of "dispatching superior resources", that is, based on the original management system of the enterprise with more advantages in this business field, and appropriately absorbs the reasonable content of another enterprise, carries out innovation and integration, and finally integrates each department

2021-09-10

Lawyer Zhang Jian of Zhongcheng Qingtai Jinan Institute was invited to give a special lecture on private equity funds for Licheng Investment Promotion Bureau and Licheng Financial Control Group.

New finance, new thinking, new momentum-lawyer Zhang Jian, director of the fund business center of zhongcheng qingtai (Jinan) law firm and director of the legal risk control compliance professional committee of Jinan fund industry association, jointly held an expert lecture exchange on private equity funds with Licheng district investment promotion bureau and Licheng district financial control group in Licheng district financial building. This activity is a series of activities of "investment promotion lecture hall" to better and more comprehensively promote the personal growth of cadres and workers in the overall situation according to the arrangement of the theme activity of "party flag flying, youth shining, I grow together with investment promotion" of Licheng District Investment Promotion Bureau. As an expert specializing in the legal risk control of private equity funds, lawyer Zhang Jian started from the aspects of financial market overview, private equity investment fund brief introduction, private equity investment fund operation mode, government-guided fund and fund gathering area, etc., explained the important role and operation mode of the new financial enabling real economy in simple terms, and focused on the analysis of the eternal theme of the financial industry, namely risk control, at the same time, the operational affairs of each fund operation link of the fund-raising management and withdrawal are demonstrated in detail. Lawyer Zhang Jian was also hired as a visiting professor at the Licheng District Investment Promotion Lecture Hall. It is reported that with Licheng Financial Building and Yellow River Fund Town as carriers, Licheng District has the courage to explore in the development of the fund industry, and has become an important force in the development of the fund industry in Jinan with capital empowerment and new finance to help the development of the real economy.

2021-09-10

Zhongcheng Qingtai (Jinan) Law Firm signed a business cooperation agreement with Zhongqi Tianhua Tax Planning Co., Ltd.

On the morning of September 10, 2021, General Manager Zhen Dongqin of China Enterprise Tianhua Tax Planning Co., Ltd. and his party visited Zhongcheng Qingtai Jinan and signed a business cooperation agreement with Zhongcheng Qingtai Jinan. Director Li Heng, deputy director and senior partner of Zhongcheng Qingtai Jinan Institute, and lawyer Yin Yuan received warm reception. At the signing ceremony, the two parties made a detailed introduction on their respective business characteristics and resource advantages, and conducted in-depth exchanges and discussions on business cooperation and service models. Through the signing of this agreement, the two sides hope to give full play to the complementary relationship, set up a project team to jointly carry out tax planning special services and legal business, cooperate with each other, learn from each other, improve competitiveness, and jointly develop the tax planning and legal service market.

2021-09-10