Hello, my answer to your question is: the performance bond is the financial guarantee for buyers and sellers to ensure performance. Traders in the futures market must deposit a certain amount of performance bond when trading. The amount of bonds is set by the exchange that provides contract transactions, usually 5- 15% of the total contract value. Of course, brokers or entrusted brokers will also set an additional margin on their own, which will not be lower than the level set by the exchange. In addition, the level of margin is also affected by the market transaction risk, and more margin is usually paid in the volatile market. At the same time, the margin requirements for hedging and speculative trading are also different. Generally, the deposit received by the former is relatively low. Margin is divided into initial margin and additional margin. The initial margin is the margin paid by the trader before the transaction according to the regulations. Due to price changes, the book losses suffered by traders are deducted from the margin, resulting in a decline in the margin. When the margin is reduced to a lower level (generally stipulated by the exchange), the broker will ask the trader to pay a part of the margin to make the account reach the initial margin level. This extra part is called extra margin. Second, the operation of the contract performance bond ratio Because the relevant laws and regulations do not stipulate the collection and management of the performance bond, there is no uniform standard for specific operation, and the operation methods are different in different places. The author consulted the relevant information, and the general practice is to hand over the deposit to the centralized procurement agency, but the amount and time of delivery, validity period and return time are somewhat different. 1. In some places, the performance bond is used as a condition for the contract to take effect. The winning bidder shall submit the performance bond or performance guarantee to the owner within 7 days after receiving the letter of acceptance. This contract shall come into effect after the buyer and the seller, the legal representative of the procurement center or their authorized agents sign and affix their official seals, and the buyer receives the performance bond submitted by the supplier. 2. The amount of performance bond is within 5% of the bid-winning contract price in some places, 10% of the bid-winning contract price in some places, and it is stipulated that the amount of construction performance bond is 20% of the bid-winning contract price in some places. 3. The time and practice of returning the performance bond are also different, and they are basically returned without interest. In some places, goods purchased will be returned within 3 working days from the date of acceptance by the buyer, without interest, within 20 working days. Some places stipulate that the goods will be returned without interest after the delivery date after the buyer's acceptance. The performance bond of this project is valid until the second day after the project completion acceptance and filing. During this period, when the winning bidder pays economic compensation to the owner according to the construction contract, the owner has the right to get the compensation amount from the performance bond; The balance shall be fully returned to the winning bidder by the owner within 5 days after the expiration of the validity period according to the loan interest rate of China Construction Bank for the same period. 4. Many procurement agencies indicate in the tender that the bid bond will be automatically converted into performance bond after the bidder wins the bid. Once the bid bond amount is too small, it has to be paid in the performance bond stage. Some procurement agencies stipulate that under the special requirements of the purchaser, it can be clearly stated in the bidding part of the inquiry that the supplier must submit a performance bond not higher than 10% of the turnover to the purchaser when signing the contract. If the purchaser has no special requirements, the inquiry deposit will be automatically converted into the performance bond, and the amount is 65438+ 0% of the turnover. Insufficient, you can ask for repayment. 5. For the designated enterprises of government procurement, some places have stipulated sanctions for deducting the performance bond. If there is any violation, once verified, the performance bond will be deducted for the first time in informed criticism10%; Deduct 50% of the performance bond for the second time; Deduct all the performance bond for the third time; The fourth notification cancels its designated qualification and may not participate in government procurement bidding activities within three years. 6. Some places stipulate that the performance bond is equal to the deposit. In some places, it is stipulated that the tenderer shall not raise the performance bond without authorization, and if the tenderer fails to perform the contract concluded with the winning bidder, it shall return the performance bond of the winning bidder twice; If the losses caused to the winning bidder exceed the returned performance bond, compensation shall also be made for the excess; If the performance bond is not submitted, it shall be liable for the losses of the winning bidder. The author believes that the performance bond in government procurement is not a down payment. Whether the supplier agrees or not, there is no legal basis for invoking the deposit penalty when there is a dispute between the procurement subject and the winning supplier.

Legal objectivity:

Article 62 The tenderer and the winning bidder shall conclude a written contract in accordance with the tender documents and the winning bidder's bid documents within the validity period of the bid and within 30 days from the date of issuance of the bid-winning notice. The tenderer and the winning bidder shall not conclude other agreements that deviate from the substantive contents of the contract. If the tenderer requires the winning bidder to provide performance bond or other forms of performance guarantee, the tenderer shall also provide the winning bidder with the guarantee for payment of project funds. The tenderer shall not raise the performance bond without authorization, and shall not force the winning bidder to advance the construction funds of the winning project.