Law on Sino-foreign Cooperative Joint Ventures
updatetime:2010-03-28 17:19:00
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(Adopted 13 April 1988 at the 1st Session of the 7th National People's Congress Revised 31 October 2000 at the 18th Meeting of the Standing Committee of the National People's Congress by the Decision
After the establishment of a co-operative enterprise, if a party other than the Chinese and foreign partners is engaged to manage the business, the unanimous agreement of the members of the board of directors or the joint management body must be obtained. The matter shall be reported to the examining and approving organ for approval and the change shall be registered with the administration for industry and commerce.
Article 13
Matters such as the recruitment and dismissal of employees, remuneration, welfare benefits, labor protection and labor insurance shall be stipulated in contracts signed in accordance with the law.
Article 14
Co-operative enterprise employees shall abide by the law in establishing a trade union organization for the promotion of trade union activities and the protection of their legal rights and interests.
A co-operative enterprise shall provide its enterprise trade union with the necessary facilities for its activities.
Article 15
A co-operative enterprise shall establish books of account within the territory of the People's Republich of China, shall submit accounting statements in accordance with regulations and shall accept supervision by the financial and taxation organs.
If a co-operative enterprise violates the provisions of the previous paragraph and does not establish books of account within the Chinese territory, the taxation organ may issue a fine and the administration for industry and commerce may order the closure of operations or may revoke the business license of the co-operative enterprise.
Article 16
A co-operative enterprise shal present its business license and open a foreign exchange account with a bank or other financial institution authorized by an organ of the State Administration of Exchange Control to engage in foreign exchange dealings.
The foreign exchange dealings of a co-operative enterprise shall be handled in accordance with the relevant State provisions on exchange control.
Article 17
A co-operative enterprise may obtain a loan from a financial institution within Chinese territory or from overseas.
Any loan and the loan guarantee raised by a Chinese or foreign partner for investment or for a contractual provision shall be arranged by the respective party.
Article 18
The various kinds of insurance required by a co-operative enterprise shall be furnished by an insurance organization within Chinese territory.
Article 19
A co-operative enterprise may, within its approved scope of operations, import goods and materials it requires and export the resulting manufactured products. A co-operative enterprise may, within its approved scope of operations and in accordance with the principle of fairness and reasonableness, purchase raw materials, fuel and other requirements from both domestic and international markets.
Article 20
A co-operative enterprise may also enjoy favorable treatment in the form of a reduction of or exemption from tax payments, following its payment of taxes due in accordance with the relevant State regulations.
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