(Adopted at the first meeting of the Seventh National People's Congress on April 13, 1988
According to the Eighteenth Standing Committee of the Ninth National People's Congress on October 31, 2000
Decision of the Second Meeting on Amending the Law of the People's Republic of China on Chinese-Foreign Cooperative Enterprises
Fixed" amendment
Presidential order of the people
(40th)
The Standing Committee of the National People's Congress on Amending the People's Republic of China
The decision of the Sino-foreign cooperative enterprise law has been adopted by the Ninth National
The 18th meeting of the Standing Committee of the People’s Congress was adopted on October 31, 2000.
It is hereby promulgated and will be implemented as of the date of promulgation.
President Jiang Zemin of the People's Republic of China
October 31, 2000
Article 1 In order to expand foreign economic cooperation and technical exchanges, promote foreign enterprises
Industry and other economic organizations or individuals (hereinafter referred to as foreign partners) in accordance with equality
The principle of benefit, with the enterprises of the People’s Republic of China or other economic organizations (below
Called Chinese partners to jointly hold Chinese-foreign cooperative ventures in China (see below)
This law is specially formulated for cooperative enterprises.
Article 2 Chinese and foreign partners who hold cooperative enterprises shall, in accordance with the provisions of this Law,
Agreement on investment or cooperation conditions, income or product distribution in a cooperative enterprise contract
, the sharing of risks and losses, the way of management and the property of the cooperative enterprise at the time of termination
Ownership and other matters.
If the cooperative enterprise complies with the provisions of the Chinese law on the conditions of legal persons, it shall be obtained according to law.
National legal person status.
Article 3 The State protects the lawful rights and interests of cooperative enterprises and Chinese and foreign partners in accordance with the law.
Cooperative enterprises must abide by Chinese laws and regulations and must not harm Chinese society.
Public Interest.
The relevant state organs shall supervise the cooperative enterprises according to law.
Article 4 The State encourages the production of products that are exported or technologically advanced.
As a business.
Article 5 The application for the establishment of a cooperative enterprise shall be an agreement signed by the Chinese and foreign partners.
Documents, articles of association, etc. are reported to the competent department of foreign economic relations and trade of the State Council or the State Council.
Authorized departments and local governments (hereinafter referred to as review and approval authorities) review and approve. Review
The examination and approval authority shall decide whether to approve or not to approve the application within forty-five days from the date of receipt of the application.
quasi.
Article 6 After the application for the establishment of a cooperative enterprise is approved, it shall receive the approval certificate.
Apply to the industry and commerce administration authority for registration within 30 days from the date of the book, and obtain a business license
. The date of issuance of the business license of the cooperative enterprise is the date of establishment of the enterprise.
The cooperative enterprise shall handle the taxation with the tax authorities within 30 days from the date of establishment.
Remember.
Article 7 Chinese and foreign partners agree to agree on the contract of the cooperative enterprise within the cooperation period
If a major change is made, it shall be reported to the examination and approval authority for approval; the change involves statutory work.
For business registration projects or tax registration projects, it shall be submitted to the administrative authorities for industry and commerce, taxation
The agency handles the change registration procedure.
Article 8 The investment or cooperation conditions provided by Chinese and foreign partners may be cash
, physical objects, land use rights, industrial property rights, non-patented technology and other property rights.
Article 9 Chinese and foreign partners shall comply with the provisions of laws and regulations and cooperative enterprises.
The contract stipulates that the obligation to pay the full investment and provide the conditions for cooperation shall be fulfilled as scheduled. Overdue
If it is performed, it shall be performed by the administrative department for industry and commerce within a time limit; if it is not fulfilled after the expiration of the time limit,
It shall be handled by the examination and approval authority and the industrial and commercial administration authority in accordance with relevant state regulations.
Chinese Certified Public Accountant's investment or cooperation conditions provided by Chinese
Or the relevant agency will verify and issue a certificate.
Article 10: One of the Chinese and foreign partners transfers all of their contracts in the cooperative enterprise
Or part of the rights and obligations, must be approved by the other party, and reported to the examination and approval authority
quasi.
Article 11 The cooperative enterprise shall proceed in accordance with the approved contract and articles of association of the cooperative enterprise.
Management activities. The autonomy of the cooperative management is not interfered.
Article 12 A cooperative enterprise shall establish a board of directors or a joint management institution,
According to the provisions of the cooperative enterprise contract or the articles of association, the major issues of the cooperative enterprise are determined. in
One of the foreign partners is the chairman of the board of directors and the director of the joint management body.
He is the vice chairman and deputy director of the other party. The board of directors or the joint management body can decide
Appoint or appoint a general manager to be responsible for the day-to-day management of the cooperative enterprise. General
Responsible for the board of directors or the joint management agency.
After the establishment of the cooperative enterprise, it will be entrusted to the management of others other than the Chinese and foreign partners.
Must be approved by the board of directors or the joint management body, and submitted to the examination and approval authority for approval.
Admitted to the industrial and commercial administration authority to handle the change registration procedures.
Article 13: Recruitment, Dismissal, Remuneration, Welfare, Labor of Staff and Workers of Cooperative Enterprises
Matters such as protection and labor insurance shall be stipulated in accordance with the law through the conclusion of contracts.
Article 14: Employees of cooperative enterprises shall establish trade union organizations according to law and carry out trade union activities.
Move and safeguard the legitimate rights and interests of employees.
The cooperative enterprise shall provide the necessary conditions for the activities of the trade union of the enterprise.
Article 15 A cooperative enterprise must set up accounting books in China, in accordance with regulations.
The accounting statements shall be submitted and accepted by the financial and tax authorities.
A cooperative enterprise violates the provisions of the preceding paragraph and does not set up accounting books in China.
The government and tax authorities may impose fines, and the industry and commerce administration authorities may order them to cease business.
Or revoke its business license.
Article 16 A cooperative enterprise shall, with the business license, be permitted by the State Administration of Foreign Exchange.
A bank or other financial institution that conducts foreign exchange business opens a foreign exchange account.
The foreign exchange matters of the cooperative enterprise shall be handled in accordance with the relevant provisions of the State on foreign exchange administration.
Article 17 A cooperative enterprise may borrow from a financial institution within the territory of China, or
To borrow from outside China.
Loans and guarantees used by Chinese and foreign partners as investment or cooperation conditions, by the parties
self resolved.
Article 18 The insurance of a cooperative enterprise shall be directed to an insurance institution within the territory of China.
Insured.
Article 19 A cooperative enterprise may import its own enterprise within the approved business scope.
The materials needed by the industry are exported to the products produced by the company. Cooperative enterprise in approved
The raw materials, fuels and other materials required in the camp are in accordance with the principle of fairness and reasonableness.
It can be purchased in the domestic market or in the international market.
Article 20 A cooperative enterprise shall pay taxes in accordance with the relevant state tax regulations and may
In order to enjoy preferential treatment for tax reduction and tax exemption.
Article 21: Chinese and foreign partners shall be allocated according to the contract of the cooperative enterprise.
Benefit or product, taking risks and losses.
The Chinese and foreign partners agree in the contract of the cooperative enterprise that the cooperation enterprise will expire at the end of the cooperation period.
The fixed assets owned by the Chinese partners are all stipulated in the contract of the cooperative enterprise.
The method of returning investment by the national partner in the cooperation period. Cooperative contract
If a foreign partner recovers the investment before paying the income tax, it must submit it to the financial and tax authorities.
The application shall be examined and approved by the financial and tax authorities in accordance with the relevant state tax regulations.
In accordance with the provisions of the preceding paragraph, foreign partners shall first recover the investment within the cooperation period.
Foreign partners shall cooperate in accordance with the provisions of relevant laws and the contract of the cooperative enterprise.
The debt of the enterprise bears responsibility.
Article 22: Foreign partners are fulfilling the legal provisions and contractual agreements of cooperative enterprises.
Profits after the obligation, other legal income and the termination of the cooperative enterprise
Funds can be remitted abroad according to law.
The wages and other legal income of foreign employees of the cooperative enterprise shall be paid according to law.
After the personal income tax, you can remit abroad.
Article 23 When a cooperative enterprise expires or terminates in advance, it shall be in accordance with the law
The program liquidates assets and claims and debts. Chinese and foreign partners should cooperate with enterprises
The contract of the industry contract determines the ownership of the cooperative enterprise property.
If the cooperative enterprise expires or terminates in advance, it shall submit it to the industrial and commercial administration authority and tax.
The agency shall go through the formalities for cancellation of registration.
Article 24 The term of cooperation of a cooperative enterprise shall be negotiated and coordinated by Chinese and foreign partners.
Prescribed in the business contract. If Chinese and foreign partners agree to extend the term of cooperation, they shall be at a distance
Apply to the examination and approval authority 180 days before the expiration of the cooperation. Review and approval authority
Approval or disapproval shall be decided within 30 days from the date of receipt of the application.
Article 25 Disputes between Chinese and foreign partners in fulfilling contracts and articles of association of cooperative enterprises
It should be resolved through negotiation or mediation. Chinese and foreign partners are reluctant to negotiate and adjust
If the solution is resolved, or if the negotiation or mediation fails, it may be in accordance with the contract of the cooperative enterprise.
Arbitration clause or written arbitration agreement reached afterwards, submitted to the Chinese arbitration institution or
Arbitration by other arbitration institutions.
Chinese and foreign partners did not enter into arbitration clauses in the contract of the cooperative enterprise, and did not
If a written arbitration agreement is reached, it may be brought to the Chinese court.
Article 26 The competent foreign economic and trade department of the State Council shall formulate
The implementation rules shall be implemented after being approved by the State Council.
Article 27 This Law shall come into force as of the date of promulgation.
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
According to the Eighteenth Standing Committee of the Ninth National People's Congress on October 31, 2000
Decision of the Second Meeting on Amending the Law of the People's Republic of China on Chinese-Foreign Cooperative Enterprises
Fixed" amendment
Presidential order of the people
(40th)
The Standing Committee of the National People's Congress on Amending the People's Republic of China
The decision of the Sino-foreign cooperative enterprise law has been adopted by the Ninth National
The 18th meeting of the Standing Committee of the People’s Congress was adopted on October 31, 2000.
It is hereby promulgated and will be implemented as of the date of promulgation.
President Jiang Zemin of the People's Republic of China
October 31, 2000
Article 1 In order to expand foreign economic cooperation and technical exchanges, promote foreign enterprises
Industry and other economic organizations or individuals (hereinafter referred to as foreign partners) in accordance with equality
The principle of benefit, with the enterprises of the People’s Republic of China or other economic organizations (below
Called Chinese partners to jointly hold Chinese-foreign cooperative ventures in China (see below)
This law is specially formulated for cooperative enterprises.
Article 2 Chinese and foreign partners who hold cooperative enterprises shall, in accordance with the provisions of this Law,
Agreement on investment or cooperation conditions, income or product distribution in a cooperative enterprise contract
, the sharing of risks and losses, the way of management and the property of the cooperative enterprise at the time of termination
Ownership and other matters.
If the cooperative enterprise complies with the provisions of the Chinese law on the conditions of legal persons, it shall be obtained according to law.
National legal person status.
Article 3 The State protects the lawful rights and interests of cooperative enterprises and Chinese and foreign partners in accordance with the law.
Cooperative enterprises must abide by Chinese laws and regulations and must not harm Chinese society.
Public Interest.
The relevant state organs shall supervise the cooperative enterprises according to law.
Article 4 The State encourages the production of products that are exported or technologically advanced.
As a business.
Article 5 The application for the establishment of a cooperative enterprise shall be an agreement signed by the Chinese and foreign partners.
Documents, articles of association, etc. are reported to the competent department of foreign economic relations and trade of the State Council or the State Council.
Authorized departments and local governments (hereinafter referred to as review and approval authorities) review and approve. Review
The examination and approval authority shall decide whether to approve or not to approve the application within forty-five days from the date of receipt of the application.
quasi.
Article 6 After the application for the establishment of a cooperative enterprise is approved, it shall receive the approval certificate.
Apply to the industry and commerce administration authority for registration within 30 days from the date of the book, and obtain a business license
. The date of issuance of the business license of the cooperative enterprise is the date of establishment of the enterprise.
The cooperative enterprise shall handle the taxation with the tax authorities within 30 days from the date of establishment.
Remember.
Article 7 Chinese and foreign partners agree to agree on the contract of the cooperative enterprise within the cooperation period
If a major change is made, it shall be reported to the examination and approval authority for approval; the change involves statutory work.
For business registration projects or tax registration projects, it shall be submitted to the administrative authorities for industry and commerce, taxation
The agency handles the change registration procedure.
Article 8 The investment or cooperation conditions provided by Chinese and foreign partners may be cash
, physical objects, land use rights, industrial property rights, non-patented technology and other property rights.
Article 9 Chinese and foreign partners shall comply with the provisions of laws and regulations and cooperative enterprises.
The contract stipulates that the obligation to pay the full investment and provide the conditions for cooperation shall be fulfilled as scheduled. Overdue
If it is performed, it shall be performed by the administrative department for industry and commerce within a time limit; if it is not fulfilled after the expiration of the time limit,
It shall be handled by the examination and approval authority and the industrial and commercial administration authority in accordance with relevant state regulations.
Chinese Certified Public Accountant's investment or cooperation conditions provided by Chinese
Or the relevant agency will verify and issue a certificate.
Article 10: One of the Chinese and foreign partners transfers all of their contracts in the cooperative enterprise
Or part of the rights and obligations, must be approved by the other party, and reported to the examination and approval authority
quasi.
Article 11 The cooperative enterprise shall proceed in accordance with the approved contract and articles of association of the cooperative enterprise.
Management activities. The autonomy of the cooperative management is not interfered.
Article 12 A cooperative enterprise shall establish a board of directors or a joint management institution,
According to the provisions of the cooperative enterprise contract or the articles of association, the major issues of the cooperative enterprise are determined. in
One of the foreign partners is the chairman of the board of directors and the director of the joint management body.
He is the vice chairman and deputy director of the other party. The board of directors or the joint management body can decide
Appoint or appoint a general manager to be responsible for the day-to-day management of the cooperative enterprise. General
Responsible for the board of directors or the joint management agency.
After the establishment of the cooperative enterprise, it will be entrusted to the management of others other than the Chinese and foreign partners.
Must be approved by the board of directors or the joint management body, and submitted to the examination and approval authority for approval.
Admitted to the industrial and commercial administration authority to handle the change registration procedures.
Article 13: Recruitment, Dismissal, Remuneration, Welfare, Labor of Staff and Workers of Cooperative Enterprises
Matters such as protection and labor insurance shall be stipulated in accordance with the law through the conclusion of contracts.
Article 14: Employees of cooperative enterprises shall establish trade union organizations according to law and carry out trade union activities.
Move and safeguard the legitimate rights and interests of employees.
The cooperative enterprise shall provide the necessary conditions for the activities of the trade union of the enterprise.
Article 15 A cooperative enterprise must set up accounting books in China, in accordance with regulations.
The accounting statements shall be submitted and accepted by the financial and tax authorities.
A cooperative enterprise violates the provisions of the preceding paragraph and does not set up accounting books in China.
The government and tax authorities may impose fines, and the industry and commerce administration authorities may order them to cease business.
Or revoke its business license.
Article 16 A cooperative enterprise shall, with the business license, be permitted by the State Administration of Foreign Exchange.
A bank or other financial institution that conducts foreign exchange business opens a foreign exchange account.
The foreign exchange matters of the cooperative enterprise shall be handled in accordance with the relevant provisions of the State on foreign exchange administration.
Article 17 A cooperative enterprise may borrow from a financial institution within the territory of China, or
To borrow from outside China.
Loans and guarantees used by Chinese and foreign partners as investment or cooperation conditions, by the parties
self resolved.
Article 18 The insurance of a cooperative enterprise shall be directed to an insurance institution within the territory of China.
Insured.
Article 19 A cooperative enterprise may import its own enterprise within the approved business scope.
The materials needed by the industry are exported to the products produced by the company. Cooperative enterprise in approved
The raw materials, fuels and other materials required in the camp are in accordance with the principle of fairness and reasonableness.
It can be purchased in the domestic market or in the international market.
Article 20 A cooperative enterprise shall pay taxes in accordance with the relevant state tax regulations and may
In order to enjoy preferential treatment for tax reduction and tax exemption.
Article 21: Chinese and foreign partners shall be allocated according to the contract of the cooperative enterprise.
Benefit or product, taking risks and losses.
The Chinese and foreign partners agree in the contract of the cooperative enterprise that the cooperation enterprise will expire at the end of the cooperation period.
The fixed assets owned by the Chinese partners are all stipulated in the contract of the cooperative enterprise.
The method of returning investment by the national partner in the cooperation period. Cooperative contract
If a foreign partner recovers the investment before paying the income tax, it must submit it to the financial and tax authorities.
The application shall be examined and approved by the financial and tax authorities in accordance with the relevant state tax regulations.
In accordance with the provisions of the preceding paragraph, foreign partners shall first recover the investment within the cooperation period.
Foreign partners shall cooperate in accordance with the provisions of relevant laws and the contract of the cooperative enterprise.
The debt of the enterprise bears responsibility.
Article 22: Foreign partners are fulfilling the legal provisions and contractual agreements of cooperative enterprises.
Profits after the obligation, other legal income and the termination of the cooperative enterprise
Funds can be remitted abroad according to law.
The wages and other legal income of foreign employees of the cooperative enterprise shall be paid according to law.
After the personal income tax, you can remit abroad.
Article 23 When a cooperative enterprise expires or terminates in advance, it shall be in accordance with the law
The program liquidates assets and claims and debts. Chinese and foreign partners should cooperate with enterprises
The contract of the industry contract determines the ownership of the cooperative enterprise property.
If the cooperative enterprise expires or terminates in advance, it shall submit it to the industrial and commercial administration authority and tax.
The agency shall go through the formalities for cancellation of registration.
Article 24 The term of cooperation of a cooperative enterprise shall be negotiated and coordinated by Chinese and foreign partners.
Prescribed in the business contract. If Chinese and foreign partners agree to extend the term of cooperation, they shall be at a distance
Apply to the examination and approval authority 180 days before the expiration of the cooperation. Review and approval authority
Approval or disapproval shall be decided within 30 days from the date of receipt of the application.
Article 25 Disputes between Chinese and foreign partners in fulfilling contracts and articles of association of cooperative enterprises
It should be resolved through negotiation or mediation. Chinese and foreign partners are reluctant to negotiate and adjust
If the solution is resolved, or if the negotiation or mediation fails, it may be in accordance with the contract of the cooperative enterprise.
Arbitration clause or written arbitration agreement reached afterwards, submitted to the Chinese arbitration institution or
Arbitration by other arbitration institutions.
Chinese and foreign partners did not enter into arbitration clauses in the contract of the cooperative enterprise, and did not
If a written arbitration agreement is reached, it may be brought to the Chinese court.
Article 26 The competent foreign economic and trade department of the State Council shall formulate
The implementation rules shall be implemented after being approved by the State Council.
Article 27 This Law shall come into force as of the date of promulgation.
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
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