Update | Lawyer Ding Haoyu from our firm was invited to give a special lecture on "Corporate Governance and Performance Training for Directors and Supervisors" for Luoyang State owned Assets Managemen

Update | Lawyer Xiao Chun from our firm was invited to give a lecture on the Labor Contract Law for Luoyang Guohong Investment Group Co., Ltd

Update | Lawyer Song Heng from our firm received a thank you from the client, Jinqi

Update | Lawyer Liu Zhuodi and Lawyer Yang Yuhao, Deputy Director of our firm, were invited to give a special legal lecture on the Civil Code for the Luoyang Housing Provident Fund Management Center

On the occasion of the first anniversary of the official promulgation of the Civil Code of the People's Republic of China, in order to seriously study, promote and implement the Civil Code, effectively grasp the significant significance of the promulgation and implementation of the Civil Code, further enhance the awareness of cadres and employees in learning and using the law, and improve their ability and level of administration in accordance with the law. On the morning of May 31st, Director Liu Zhuodi, a partner of Henan Xianwei Law Firm, and Lawyer Yang Yuhao were invited to give a special legal lecture on "Essential Legal Knowledge of the Civil Code for Public Officials" to the Luoyang Housing Provident Fund Management Center as consultants. Hou Yuntong, Secretary and Director of the Party Group of Luoyang Housing Provident Fund Management Center, presided over the meeting and delivered a speech. Members of the Party Group of the center, as well as all cadres and employees of the government, attended the lecture in the conference room on the second floor of the center. The management departments of each county (district) simultaneously participated in the learning through video conferencing.Director Liu and Lawyer Yang provided a systematic explanation from five aspects: the promulgation and implementation of the Civil Code, the scope of its structure, significant significance, and an overview of the revised content and key points. Combined with the actual work of housing provident fund, they provided a detailed analysis of the possible impact of the Civil Code on the handling of housing provident fund business. At the same time, combined with current affairs hotspots, we guide everyone to use the Civil Code to protect their legitimate rights and interests and resolve conflicts and disputes through case interpretation. The entire lecture was concise and organized, integrating academic, practical, and guiding aspects, deepening the understanding and comprehension of the Civil Code among the attendees.Hou Yuntong,Secretary of the Party Group and Director of Luoyang Housing Provident Fund Management Center,affirmed the lecture content of our lawyer and stated that all cadres and employees of the center should deeply understand the importance of learning the Civil Code,learn and use the Civil Code well,and improve their ability and level to protect people's rights,resolve conflicts and disputes,and promote social harmony and stability.Effectively regard the Civil Code as an important benchmark for lawful administration,implement the Civil Code throughout the entire process and all aspects of lawful administration,solve the housing problems of the people with care and effort,and strive to make the people see changes and benefit from them.

Topic | How to bear social security fees in construction project pricing

The social security fee(hereinafter referred to as the construction project social security fee)in the pricing of construction projects is an essential project fee in the construction contract.Which party is the main payer of the social security fee in the construction process?Which party is the beneficiary of social security fees?Below is a detailed legal analysis,but due to different legal provisions in different regions,the results of handling social security fees for construction projects also vary.Due to regional reasons,this article mainly refers to the relevant regulations of other regions to analyze the social security fees for construction projects in Henan Province.Definition of social security fees in construction project pricingSocial security fees include various social security fees paid in accordance with national regulations,employee housing provident fund,and fees for retired personnel that have not yet been transferred.Also known as"social security".It is the payment made by the employer and the employee to the social security institution or other third-party institution in accordance with the legally prescribed payment ratio and payment method after establishing a labor relationship.There is no unified legal concept for social security fees in construction projects.In the field of construction projects,they are generally included in the pricing of construction projects and listed separately as social security fees.As the name suggests,social security fees in the field of construction projects refer to specific and clear rights and obligations such as payment methods,payment ratios,payment subjects,and beneficiaries.Legal Analysis of Social Security Fees in Valuation of Construction ProjectsThere is no unified national legal standard for the application of social security fees in construction projects,but in specific applications,provinces,autonomous regions,and municipalities directly under the central government generally have regulations or policies that comply with local landlord laws and regulations.According to Article 5 of the"Management Measures for the Collection of Social Security Fees for Construction Projects in Inner Mongolia Autonomous Region"implemented on March 1,2006,the social security fees for construction projects shall be calculated based on the national and autonomous region construction project cost calculation rules,and shall be uniformly calculated at 3.5%of the project cost(pre tax)within the administrative region of the autonomous region.Article 6 stipulates that if the construction project duration is within two years,the construction unit shall pay the social security fee for the construction project in full at once.It can be seen that in Inner Mongolia Autonomous Region,the calculation standard for social security fees for construction projects is 3.5%of the project cost,which is paid in full by the construction unit in a lump sum.According to the regulations,the management agency of social security fees for construction projects shall allocate the funds to construction enterprises upon receiving the funds from the construction unit.After receiving the construction project social security fees and adjustment funds allocated by the construction project social security fee management agency,construction enterprises shall,in accordance with the law,pay the social basic pension insurance and unemployment insurance premiums of employees to the local social security agency.On January 1,2018,the newly issued and implemented"Notice of the People's Government of Inner Mongolia Autonomous Region on Suspending the Collection of Social Security Fees for Construction Projects"in the region revised the original methods.Starting from January 1,2018,for newly started construction projects in the administrative region of the autonomous region,the collection of social security fees for construction projects should be suspended.Construction enterprises should,in accordance with the policies and regulations of the country and the autonomous region on the composition of construction and installation project fees,effectively do a good job in the social security work of enterprise personnel.Since then,the social security fees for construction projects will no longer be collected in Inner Mongolia,and a new model will replace the original implementation.The Opinion of Henan Provincial Department of Housing and Urban Rural Development on Strengthening the Management of Social Security Fees in Construction Engineering Cost Valuation Projects(Yujian Jian[2012]No.76)also has clear provisions on social security fees for construction engineering.In Henan Province,the social security fee in the construction project cost valuation project is called"construction labor protection fee".It is a special expense paid by construction enterprises for workers,including pension insurance,medical insurance,unemployment insurance,etc.Belonging to non competitive expenses,the construction unit shall prepay the construction labor protection fee before applying for the construction permit for the construction project,and settle the construction labor protection fee before the completion and filing of the construction project.According to the provisions of this opinion,it is known that the main payer of construction labor insurance fees is the construction unit.However,the construction labor insurance premiums collected by the supervisory unit shall be disbursed to the construction enterprise in accordance with regulations.The construction enterprise shall pay the employee's pension insurance premiums,unemployment insurance premiums,medical insurance premiums,and relevant policy subsidies to the local social insurance agency in accordance with regulations.However,on September 7,2016,the notice on abolishing the"Opinions of the Henan Provincial Department of Housing and Urban Rural Development on Strengthening the Management of Social Security Fees in Construction Engineering Cost Pricing Projects"(Yujian Jian[2012]No.76)has abolished the above management opinions.And it is explicitly stipulated that the construction labor protection fee shall be directly calculated by the contracting parties during the preparation of the engineering pre settlement,and the social security fee in the project shall be directly paid by the employer to the contractor.According to the legal provisions of Henan Province on construction labor protection fees,it is known that the construction labor protection fees are directly paid by the employer to the contractor.But for the employer,the employer should clarify this cost in the preparation of the project budget,bidding base price,and bidding control price.For the contractor,they should separately itemize this part of the cost when bidding,signing the construction contract,and completing the settlement.They should calculate the construction labor insurance premiums in full according to the billing standards issued by the provincial housing and urban-rural construction administrative department,and pay the employee pension insurance premiums,unemployment insurance premiums,and medical insurance premiums to the social security agency in full according to relevant regulations.Therefore,in the region of Henan Province,the main body responsible for the construction labor insurance premiums is the construction unit.Although the employer should pay this part of the fees to the contractor,the contractor should fully pay the relevant fees to the local social insurance agency in accordance with regulations,and the subject enjoying the construction labor insurance premiums should be the workers.Regarding the legal issue of social security fees calculated in construction project costs,there are different regulations or policy provisions in other regions to confirm.Therefore,it is also recommended that contractors should strictly implement the payment regulations of social security fees in construction project costs based on the specific location of the project and in combination with local regulations and policy provisions,in order to effectively protect the legitimate rights and interests of workers.Meanwhile,according to the"Valuation Specification for Construction Engineering Bill of Quantities"GB50500-2013,social insurance premiums in construction projects are classified as regulated fees,including pension insurance,unemployment insurance,medical insurance,work-related injury insurance,maternity insurance,and housing provident fund.Regulatory fees refer to the fees that construction enterprises must pay according to national laws and regulations,as stipulated by the provincial government or relevant provincial authorities,and should be included in the cost of construction and installation projects.The prescribed fees must be calculated in accordance with the regulations of the national,provincial,and industry construction authorities,and shall not be used as competitive fees.When bidding,this part of the fees shall not be discounted as competitive fees,otherwise it may lead to quality problems in the construction project and the inability to protect personal rights and interests.

Henan Xianwei Law Firm Holds a Special Conference on Prominent Issues in the Lawyer Industry and Party History Learning and Education

After careful preparation, on the afternoon of April 2nd, Henan Province first held a special meeting on the governance of prominent issues in the law industry and the study and education of party history for law firms. The meeting deployed the study and education of party history and conveyed the implementation plan for the study and education of party history in the law industry in Henan Province and the knowledge required for the special governance of law firms on prominent issues in the law industry throughout the province.Reading history makes people wise, and forgetting the past means betrayal. The meeting was first led by Yang Xintao, the Secretary and Director of the Party Branch, and all lawyers. Through reviewing the heroic songs and touching stories that have emerged in the Long March, the Korean War, and the "98 Flood" since the founding of the Communist Party of China, we jointly learned and understood the important speech spirit of General Secretary Xi jinping at the Party History Learning and Education Movement Conference, recognized the great significance of conducting Party history learning and education, understood the glorious history, valuable experience, and profound inspiration of the Communist Party of China's century long struggle, further deepened our deep understanding of the glorious history of the Communist Party of China, improved our ideological understanding of the Party's original mission, nature, purpose, and ideal beliefs, and enhanced our enthusiasm for learning Party history.Afterwards, Xiao Chun, the propaganda committee member and partner of the Party branch, conveyed the spirit of the "Luoyang Lawyer Industry Outstanding Issues Special Governance and Party History Learning and Education Deployment Conference" organized by the Municipal Judicial Bureau, and organized attendees to carefully study the relevant document content. Participants were required to unify their thinking, conscientiously implement the conference spirit and document requirements, and carry out special governance on prominent issues such as "improper contact and interaction with judicial personnel" and "illegal and irregular practice" in the lawyer industry. The mechanism for regulating the contact and communication between lawyers and judicial personnel, prohibiting lawyers from hyping up cases, regulating lawyer fees, and supervising lawyer practice was improved. The awareness of the lawyer team's compliance with laws and regulations, professional ethics, and adherence to fairness and justice was further enhanced, and the "four consciousnesses" were strengthened and strengthened. "Four Confidences" Achieve "two maintenance".***Later, Yang Xintao emphasized that our law firm and all lawyers must adhere to high standards and strict requirements to implement various tasks related to the special governance of prominent issues in the legal industry and the study and education of party history, strengthen the discipline and ideological and political construction of the law firm, improve political stance, standardize professional behavior, and enhance professional competence, in order to welcome the 100th anniversary of the founding of the Communist Party of China with a new face.

Universal Law, Lawyers in action

December 4,2020 is the seventh National Constitution Day.Lawyers Xiao Chun,Yang Tianxiao,and Wu Jie from Henan Xianwei Law Firm went to state-owned enterprises,university campuses,and civil associations to give lectures on legal knowledge related to the Civil Code.Lawyer Xiao Chun was invited by Luoyang Guohong Investment Group to interpret and deliver a lecture on the Civil Code for employees of the company. Lawyer Xiao Chun used easy to understand language and vivid and vivid case studies to explain to the trainees the new provisions and modifications of the Civil Code, which are closely related to life and business, such as mortgage property rights, financial protection, personal information protection, and residential rights. This provided trainees with a deeper understanding of the Civil Code.Lawyer Yang Tianxiao went to Luoyang Normal University to give a lecture on legal knowledge,covering key articles of the Constitution of the People's Republic of China and the Civil Code of the People's Republic of China,as well as providing answers to common legal issues and legal risk prevention lectures for college students.The lecture lasted for one hour,during which he interacted with students multiple times and provided detailed answers to the legal questions raised.Lawyer Wu Jie was invited by the New Youth Association of Xin'an County to serve as the main speaker of the special legal knowledge lecture on the Civil Code. She vividly explained the background of the drafting and the main content of the compilation process of the Civil Code, and provided a relatively systematic interpretation of the Civil Code. This helped the young participants understand the significant significance of the promulgation and implementation of the Civil Code, and strengthened their awareness of respecting, learning, abiding by, and using the law. It has improved the legal literacy and awareness of rights protection of young people, and provided great assistance in guiding the whole society to pay attention to and care for the healthy growth of young people, and improving their awareness of the rule of law and self-protection ability.

Team building | Emotional and joyful team building day between mountains and rivers

Life is not just about the present,but also about poetry and distant places;Work is not limited to the two points and one line from work to home,of course,there are also team building activities that can be done at any time.On November 6,2020,lawyers from Henan Xianwei Law Firm arrived at the Guotai Expansion Training Base in Xiaolangdi and began a two-day team building activity.(Training Camp Photo)The theme of this team building event is"Challenge Yourself,Team Collaboration,Consolidate Strength,and Create the Future Together".The aim is to strengthen the cohesion,collaboration,and execution of team members,enhance trust,enhance friendship,encourage everyone to dare to tap into their potential,take on responsibilities,and build a team that is united,cooperative,enterprising,and passionate.At the beginning of the event,the large team was divided into two small teams:the first team,the Kirin Team,and the second team,the Vanguard Team.Within the specified time,each team designed their own team name,logo,song,and appearance,selected a team leader and political commissar,and presented them separately.(Team Culture Construction)These are manifestations of team spirit and collective wisdom.There are both cooperation and competition between the two teams.The loser will get various gift packages,such as"popcorn,fried deep-fried dough sticks,Mario,caterpillars",which are full of wonderful and constant jokes.(Display of large gift package)Expansion projects include team culture building,passionate beats,extreme 60 seconds,drumming and bouncing,trust back throwing,and more.These activities have made everyone realize that although everyone's division of labor is different,everyone has their own responsibilities,and each individual is crucial.Only with one person can there be a collective.As mentioned in Soldier Assault,"don't abandon,don't give up.".This is a lawyer in our unit who can interpret"five big and three thick,tiger backed and bear waist".He weighs over 200 pounds.If he falls from above,it can be imagined how much pressure the people below will bear.Perhaps everyone below is even more nervous than himself.But when he fell down,everyone tried their best to catch him steadily.At the moment of successfully catching him,everyone cheered and shouted,"Yeah!We succeeded"and"We caught the heavy ones,there's nothing else we can't catch.".In the affairs of the world,it is important to plan for the benefit of the masses,consider the importance of detail,cut off the importance of independence,and practice the importance of strength.A drop of water cannot lift a piece of paper,and ships and warships can sail on the sea;A solitary tree is useless,a forest blocks the strong wind.This is not only an event,but also an experience.Everyone has their own insights in team building activities.As the night approached,after a day of activities,no one complained of hardship or exhaustion.Instead,they all gathered in their"old place",releasing themselves and showcasing their B-side,which was completely different from their usual suits and solemnity.We are proud of our companions and also proud of ourselves, and this tempered steel teacher will continue to ride the wind and waves, moving forward without hesitation.