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| A JOINT CIRCULAR OF THE STATE ECONOMIC COMMISSION, THE GENERAL ADMINISTRATION OF INDUSTRY AND COMMERCE AND THE PEOPLE'S BANK OF CHINA ON A NUMBER OF QUESTIONS REGARDING THE SUPERVISION OF ECONOMIC CONTRACTS | | 国家经济委员会、工商行政管理总局、中国人民银行关于管理经济合同若干问题的联合通知 |
(Issued by the State Economic Commission, the State Administration of Industry & Commerce and the People's Bank of China on August 8, 1979) | |
（一九七九年八月八日国家经济委员会、 |
To the Administrations of Industry and Commerce, the Economic Commissions and Branches of the People's Bank of All Provinces, Municipalities and Autonomous Regions: | |
实行合同制度，以合同形式将企业之间产、供、运、销的联系协作和相互承担的经济责任规定下来，并严肃地予以执行，是提高企业经营管理水平，加强经济核算，维护国家计划，用经济办法管理经济的一项重要措施，在实现社会主义四个现代化的建设中，应当积极地加以推行。为了加强合同管理，督促企业严格执行合同，维护双方的正当权益，根据中央、国务院有关文件精神，现就管理中的几个主要问题，通知如下： |
To practise the contract system, i.e., to stipulate in the form of a contract the details of contact and coordination between enterprises in the production, supply, shipment and marketing of goods, to stipulate each other's economic commitments and responsibilities and to seriously carry out these stipulations, is an important measure for raising the level of management of enterprises, strengthening business accounting, guaranteeing the fulfilment of the state plan and managing the economy by economic measures. This system should be actively pursued in the realization of the Four Modernizations in socialist construction. In order to strengthen the supervision of contracts, to urge the enterprises to execute their contracts strictly and to defend the just interests of both sides, the following circular on a number of major questions regarding the supervision of economic contracts is made in the light of the documents concerned as issued by the Central Committee of the Chinese Communist Party and the State Council: | |
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| | 一、根据国务院国发〔１９７９〕１０２号文件规定，对供货、产销、加工、运输等经济合同按以下分工进行管理。 |
| (1) In accordance with the State Council Document No. 102 (1979), the economic contracts on goods supply, production and sales, processing, shipment, etc. are to be supervised by the following authorities on the basis of division of work: | |
工业、农业、物资、交通送输、商业（包括外贸、粮食、供销合作社，以下同）等部门本系统内的经济合同，由各业务主管部门自行管理。 |
The economic contracts between units belonging to the same department or economic sector, such as industry, agriculture, material administration, communications and transport, commerce (which includes foreign trade, grain and supply and marketing cooperatives, here and below), are to be supervised by the authorities in charge of that department or sector. | |
不同工业部门之间，工业与物资、建筑、农业部门，工、农、商、物资、建筑与交通运输部门以及机关、团体、部队、事业单位与工业、交通运输部门之间的经济合同，由各级经济委员会或相应的机关管理。 |
Economic contracts between different industrial departments; between industrial enterprises and material administration, building industry and agricultural departments; between industrial, agricultural, commercial, material administration and building units and communications and transport departments; as well as those between industrial, communications and transport departments and government organs, mass organizations, army units and institutions, are to be supervised by economic commissions at various levels or by other corresponding authorities. | |
不同商业部门之间，工业、农业部门以及机关、团体、部队、事业单位与商业部门之间的经济合同，由各级工商行政管理局管理。 |
Economic contracts between different commercial departments, between commercial units and units of industrial and agricultural departments as well as government organs, mass organizations, army units and institutions are to be supervised by the administrations of industry and commerce at various levels. | |
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| | 二、有关单位在签订合同时，必须根据国家的政策、法令和计划安排，本着按需生产，保证供应，促进国民经济发展的原则，以平等的地位，实事求是地进行充分协商。合同的内容要具体，责任要明确，文字的解释要清楚。 |
| (2) Before signing a contract, the enterprises or units concerned must conduct realistic and full consultations on an equal footing on the basis of the policies, decrees and laws and plans of the state and in the spirit of the principles of producing according to needs, ensuring supplies and promoting development of the national economy. A contract must have specific details, clear commitments and responsibilities of each side and unequivocal wording. | |
合同的主要内容应包括：产品的名称、品种、规格、质量，产品和数量和计量单位，工业品的技术标准，包装要求和包装物的供应与回收，交货方法和地点，运输方式，交（提）货日期，产品的价格，结算方式，结算银行、单位帐号，经济责任等。 |
The main contents of a contract should include: name of the product, its model, specification, quality, quantity, measuring unit, the technical specification of industrial products, package requirements and the supply and retrieval of packing materials, means of delivery and destination, shipment, date of delivery (and taking delivery) of the goods, the price of the product, modes of settlement of accounts, settling bank, the bank account number of the units, economic commitments and responsibilities, etc. | |
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| | 三、合同鉴证，目前暂不做统一规定。各省、市、自治区有关合同管理机关可以根据实际情况自行决定。但供需双方要求鉴证的应予鉴证。
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