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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

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

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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 VII - Distribution of Income and Recovery of Investment

Article 44

On the expiration of the cooperation as defined in the contracts of the cooperative joint ventures by Chinese and foreign parties, all the fixed assets of the ventures shall belong to the Chinese party on a gratuitous basis and the Foreign party may apply, within the term of the cooperation, for an early recovery of their investment in the following ways:

(1) On the basis of distribution according to the contribution of investment or cooperation conditions, agreement shall be reached in the contract of the cooperative joint venture to increase the proportion of profit sharing to the Foreign party;

(2) Upon examination and approval by the finance and taxation authorities according to State provisions on taxation, the Foreign party may first recover its investment before income tax payment is made by the cooperative joint venture;

(3) Other means of investment recovery approved by the finance and taxation authorities as well as the examination and approval authority. For a cooperative joint venture that allows the Foreign party to first recover the investment, as defined in the preceding paragraph, the Chinese and Foreign parties shall share the liabilities of the cooperative joint venture in light of relevant legal provisions and agreements in the joint venture contract.


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