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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 VIII - Duration and Dissolution

Article 47

The duration of a cooperative joint venture shall be decided upon by all parties to the joint venture through consultation and shall be stipulated in the joint venture contract.

If extension of the term of cooperation is agreed upon by all parties upon expiration of the duration of the cooperative joint venture, an application shall be submitted 180 days before the expiration to the examination and approval authority, with due explanations on the execution of the contract establishing the cooperative joint venture, reason for the extension, and agreement on rights and obligations and other matters of each party in the extended period. The examination and approval authority shall decide to approve or disapprove within 30 days upon receipt of the extension application.

Upon approval of the extension of duration, the cooperative joint venture shall go through formalities for the alteration of registration with the administrative authority for industry and commerce, and the extended duration shall start from the first day after the expiration of the original term of cooperation.

The duration for a cooperative joint venture shall not be extended if the joint venture contract has allowed the Foreign party to first recover its investment and such investment has been fully recovered. However, when the Foreign party of a cooperative joint venture agrees to increase the investment and when all parties reach consensus after consultation, an application for extension of the term of cooperation may be filed with the examination and approval authority in light of paragraph II of this Article.


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