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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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Manifest

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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 II - The Establishment of a Cooperative Joint Venture

Article 7

To establish a cooperative joint venture, the Chinese party/parties (hereinafter referred to as the Chinese party) shall submit to the examination and approval authority the following documents:

(1) Application for establishing a cooperative joint venture accompanied by the examination and approval documents of the competent authority;

(2) Feasibility study report jointly prepared by all parties to the cooperative joint venture accompanied by the examination and approval documents of the competent authority;

(3) Joint venture agreement, contract and articles of association signed by the legal representatives or representatives authorized by them of all parties to the joint venture;

(4) Business licenses or registration certificates, financial credit documents and valid certification documents of the legal representatives of all parties to the joint venture; where the foreign party/parties ( hereinafter referred to as the foreign party) is a natural person, valid certification documents on his/her identity, resume and financial credit shall be presented;

(5) List of chairman, deputy chairmen and members of the board of directors or list of director, deputy directors and members of the joint management committee of the cooperative joint venture as determined by all parties through consultation;

(6) Other documents as required by the examination and approval authority.

The documents listed in the preceding paragraph shall be written in Chinese with the exception of the documents in the subparagraph (4) to be presented by the foreign party, each of the documents required under subparagraph (2), (3) and (5) may be accompanied by a version of a foreign language agreed upon by all parties.

The examination and approval authority shall decide whether to approve or disapprove the application for the establishment of a cooperative joint venture within 45 days from the date of receiving all the documents as stipulated; should anything incomplete or inappropriate be found in the documents presented, the examination and approval authority may demand a supplement or amendment to them within a limited period of time.


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