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Detailed Rules for the Implementation of the Law of the People's Republic of China on Chinese-Foreign Cooperative Joint Ventures
(Approved by the State Council of the People's Republic of China on August 7, 1995 and Promulgated by the Ministry of Foreign Trade and Economic Cooperation on September 4, 1995)

Chapter I - General Provisions

Article 1

Article 2

Article 3

Article 4

Article 5

Chapter II - The Establishment of a Cooperative Joint Venture

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Chapter III - Form of Organization and Registered Capital

Article 14

Article 15

Article 16

Chapter IV - Investment and Cooperation Conditions

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Chapter V - Organizational Structure

Article 24

Article 25

Article 26

Article 27

Article 28

Article 29

Article 30

Article 31

Article 32

Article 33

Article 34

Article 35

Chapter VI - Purchase of Materials and Marketing of Products

Article 36

Article 37

Article 38

Article 39

Article 40

Article 41

Article 42

Chapter VII - Distribution of Income and Recovery of Investment

Article 43

Article 44

Article 45

Article 46

Chapter VIII - Duration and Dissolution

Article 47

Article 48

Article 49

Chapter IX - Special Provisions on Cooperative Joint Ventures without Legal Person Status

Article 50

Article 51

Article 52

Article 53

Article 54

Chapter X - Supplementary Provisions

Article 55

Article 56

Article 57

Article 58

Metadata

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Manifest

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China - Detailed Rules for the Implementation Laws of China on Chinese-Foreign Cooperative Joint Ventures, 1995

MOFTEC

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Detailed Rules for the Implementation of the Law of the People's Republic of China on Chinese-Foreign Cooperative Joint Ventures
(Approved by the State Council of the People's Republic of China on August 7, 1995 and Promulgated by the Ministry of Foreign Trade and Economic Cooperation on September 4, 1995)

Chapter II - The Establishment of a Cooperative Joint Venture

Article 12

The contract of a cooperative joint venture shall bear the following items:

(1) Names, place of registration, domicile of all parties, and names, titles and nationalities of their legal representatives ( where the foreign party is a natural person, his/her name, nationality and domicile);

(2) Name, address and business scope of the cooperative joint venture;

(3) Total amount of investment, registered capital, way and duration of investment or cooperation conditions contributed by each party;

(4) Transfer of investment contribution or provision of cooperation conditions by each party;

(5) Distribution of income or products to all parties, apportioning of risk or loss between the parties;

(6) Composition of the board of directors or the joint management committee, allocation of the members of the board of directors or the joint management committee, responsibilities of and the ways for employment and dismissal of the president and other senior management people;

(7) Main production equipment and production technology to be employed, and their sources;

(8) Arrangement for sales of products in and outside China;

(9) Arrangement for the income and expenditure of foreign exchanges of the cooperative joint venture;

(10) duration, dissolution and liquidation of the cooperative joint venture;

(11) Other obligations of the parties and the responsibilities arising from breach of the contract;

(12) Principles for handling finance, accounting and auditing;

(13) Settlement between and among all parties;

(14) Procedures for amending the cooperative joint venture contract.


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