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中外合资经营企业合营期限暂行规定英文版

来源: 时间:2018-07-19 15:55:23

中外合资经营企业合营期限暂行规定(英文版)

INTERIM PROVISIONS CONCERNING CONTRACT PERIOD OF CHINESE-FOREIGNEQUITY JOINT VENTURES (Approved by the State Council on September 30, 1990 and promul-gated by the Ministry of Foreign Economic Relations and Trade of thePeople's Republic of China on October 22, 1990) Important Notice: This English document is coming from "LAWS AND REGULATIONS OF THEPEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)which is compiled by the Brueau of Legislative Affairs of the StateCouncil of the People's Republic of China, and is published by the ChinaLegal System Publishing case of discrepancy, the original version in Chinese shall prevail. Whole Document INTERIM PROVISIONS CONCERNING CONTRACT PERIOD OF CHINESE-FOREIGNEQUITY JOINT VENTURES(Approved by the State Council on September 30, 1990 and promul-gated by the Ministry of Foreign Economic Relations and Trade of thePeople's Republic of China on October 22, 1990)Article 1These Provisions are formulated in accordance with the provisions ofArticle 12 of the Law of the People's Republic of China on Chinese-ForeignEquity Joint Ventures (Amended at the Third Session of the SeventhNational People's Congress on April 4, 1990).Article 2As regards the establishment of Chinese-foreign equity joint ventures(hereinafter referred to as joint ventures), the parties to a jointventure which is engaged in investment projects encouraged and permittedby the Chinese government, except as stipulated in Article 3 of theseProvisions, may decide, through consultation, to or not to prescribe acontract period in the ticle 3As regards the establishment of joint ventures, the parties to a jointventure, which falls under one of the following lines of business or oneof the following circumstances, shall prescribe in their contract, throughconsultation, a contract period in accordance with the provisions of therelevant laws and regulations of the state:(1) service trades, such as hotels, apartments, office buildings,recreation and entertainment, catering trade, taxi service, developmentand printing of colour films and photos, maintenance, businessconsultancy, etc.;(2) joint ventures engaged in land development and real estate;(3) joint ventures engaged in the prospecting and development of naturalresources;(4) joint ventures engaged in projects subject to investment restrictionas stipulated by the state;(5) joint ventures for which a contract period shall be decided, throughconsultation, as prescribed by other laws and regulations of the ticle 4Joint ventures, the parties to which decide, through consultation, not toprescribe a contract period in their contract, shall be examined andapproved in accordance with the state regulations concerning the limits ofpowers and procedures for examination and approval. With the exception ofthose joint ventures to be directly examined and approved by the Ministryof Foreign Economic Relations and Trade, other examining and approvingauthorities shall, report within 30 days, any such applications they haveexamined and approved to the Ministry of Foreign Economic Relations andTrade for the ticle 5Joint ventures, the parties to which decide, through consultation, not toprescribe a contract period in their contract, may enjoy the preferentialtreatment of reduction of or exemption from taxes in accordance with thestate provisions concerning taxation and with the approval of the taxauthorities. In cases where the actual term of operation of these jointventures fails to reach the number of years set by the state for enjoyingthe preferential treatment of taxation, the joint ventures concernedshall, according to law, pay the taxes which have been exempted ticle 6Joint ventures, whose establishment was approved before these provisionsbecome effective, shall operate in accordance with the approved contractperiod stipulated in the contract. However, as regards a joint venturewhich does not come under one of the circumstances specified in Article 3of these Provisions, in the event that the parties to the joint ventureagree unanimously to modify the stipulation in the contract concerning thecontract period, and to re-stipulate the joint venture as one withoutcontract period, the parties to the joint venture shall submit a report tojustify such a modification, sign an agreement on the modification of thecontract, and apply to the original examining and approving authoritiesfor examination and approval. The original examining and approvingauthorities shall, within 90 days as of the date of receipt of the saidapplication, decide to approve or disapprove it. After obtaining theapproval, the joint venture shall, in accordance with the stipulations ofArticle 4 of these Provisions, go through the procedures for the ticle 7These Provisions shall go into effect as of the date of promulgation.