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中外合資經(jīng)營(yíng)企業(yè)法實(shí)施條例英文版(存儲(chǔ)版)

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【正文】 e right to continue to use the technology. 5. Conditions for mutual exchange of information on the improvement of technology by both parties to the technology transfer agreement shall be reciprocal.6. The technology importing party shall have the right to buy the equipment, parts and raw materials needed from sources which they deem suitable.7. No irrational restrictive clauses prohibited by Chinese laws and regulations shall be included.Chapter VII Site Use Right and Site Use FeesArticle 44 Joint ventures shall implement the principle of economizing on land in their use of sites. Any joint venture requiring the use of a site shall file an application with local departments of the municipal (county) government in charge of land and obtain the right to use a site after being approved and entering into a contract. The area, location, purpose and contract period and fee for the right to use a site (hereinafter referred to as site use fee), rights and obligations of the two contracting parties and penalty for breach of contract shall be stipulated explicitly in the contract.Article 45 If the Chinese party to a joint venture already has the right to use the site needed by the joint venture, it may contribute such right as its investment in the joint venture. The amount appraised for such right shall be equivalent to the site use fee payable for acquiring the right to the use of a site of the same kind.Article 46 The rate for the site use shall be set forth by the people39。s production scale as set out in the contract and the Articles of association of the joint venture.Article 18 The registered capital of a joint venture refers to the total amount of capital contribution registered with the registration authority for the establishment of the joint venture. It shall be the total amount of capital contribution subscribed by parties to the joint venture. The registered capital shall generally be denominated in Renminbi, or may be in a foreign currency agreed upon by the parties to the joint venture.Article 19 The registered capital of the joint venture may not be reduced during the operation term of the joint venture. If there is a genuine need for reduction due to the changes in the total amount of capital contribution and the production and operation scale, it shall be subject to the approval of the examination and approval authorities.Article 20 If one party to the joint venture intends to transfer all or part of its equity to a third party, consent shall be obtained from the other party to the joint venture, and approval from the examination and approval authorities is required. The formalities for change of registration shall be handled with the registration authority.When one party transfers all or part of its equity to a third party, the other party shall have preemptive right.When one party transfers its equity to a third party, the conditions for such transfer may not be more favorable than those for the other party to the joint venture. Where the above stipulations are violated, no transfer shall be valid.Article 21 Any increase in or reduction of the registered capital of a joint venture shall be approved by the board meeting and submitted to the examination and approval authorities for approval. The formalities for change of registration shall be handled with the registration authority.Chapter IV Forms of Capital ContributionArticle 22 A party to a joint venture may make its capital contribution in money or in the form of buildings, factory premises, machinery, equipment or other materials, industrial property, proprietary technology, or site use rights, the value of which shall be used as capital contribution. If the capital contribution is in the form of buildings, premises, machinery, equipment or other materials, industrial property or proprietary technology, the value thereof shall be determined by the parties to the joint venture through consultation and on the basis of fairness and reasonableness or shall be appraised by a third party agreed upon by the parties to the joint venture.Article 23 The capital contribution in foreign currency made by the foreign party shall be converted into Renminbi or cross exchanged into a predetermined foreign currency at the standard exchange rate published by the People39。2. the purpose, business scope and duration of the joint venture。6. the main production equipment and technology to be adopted and their source of supply。2. the feasibility study report jointly prepared by the parties to the joint venture。3. is not in conformity with the requirements of the development of China39。s Republic of China on SinoForeign Equity Joint Ventures (Revised in 2014) (Edited by )Order of the State Council No. 648February 19, 2014(Promulgated by the State Council on September 20, 1983, firsly amended by the State Council according to the Revision of Article 100 of the Implementing Regulations of the Law of the People39。 Implementing Regulations of the Law of the People39。CategoryForeign Investment Enterprise ( Company LawForeign Investment Enterprise ) Implementing Regulations of the Law of the People39。2. violates Chinese laws。s government in provinces, autonomous regions and municipalities directly under the Central Government and the relevant departments under the State Council shall hereinafter collectively referred to as the examination and approval authorities.Article 7 When applying for the establishment of a joint venture, the Chinese party and the foreign party to the joint venture shall jointly submit the following documents to the examination and approval authorities:1. an application for the establishment of a joint venture。5. the position of the board of directors, the number of directors to be appointed by each party, and the responsibilities, powers and means of employment of the general manager, deputy general manager and other highr
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