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中外合資經(jīng)營企業(yè)法實(shí)施條例英文版-資料下載頁

2025-06-29 01:06本頁面
  

【正文】 arge 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 governments of the province, autonomous region or municipality directly under the Central Government where the site is located in the light of the purpose of site use, geographical and environmental conditions, expenses for land requisition, demolition of the houses on the site and relocation of the residents, and the joint venture39。s requirements in respect of the infrastructure, and be filed with the MOFERT and the petent land authority for the record.Article 47 Joint ventures engaged in agriculture and animal husbandry may, subject to the consent of the people39。s governments of the province, autonomous region or municipality directly under the Central Government where they locate, pay a percentage of the joint venture39。s revenues from its business operations as site use fees to the local department in charge of land. Projects of a development nature in economically underdeveloped areas may receive special preferential treatment in respect of site use fees subject to the consent of the local people39。s government.Article 48 The rates of site use fees shall not be subject to adjustment in the first 5 years from the day the land is used. After that, the interval in between the necessary adjustments to be made according to the development of the economy, changes in supply and demand, and changes in geographic and environmental conditions shall not be less than three years. Site use fee as part of the capital contribution made by the Chinese party to the joint venture shall not be subject to adjustment during the contract period.Article 49 The fee for the right to the use of a site obtained by a joint venture according to Article 44 of these Regulations shall be paid annually from the day to use the land stipulated in the contract. For the first calendar year, the venture will pay a halfyear fee if it has used the land for over 6 months。 if less than 6 months, the site use fee shall be exempted. During the contract period, if the rate of site use fee is adjusted, the joint venture shall pay it according to the new rate from the year of adjustment.Article 50 Joint ventures, in addition to obtaining site use right in accordance with this Chapter, may acquire site use right in accordance with relevant provisions of the State.Chapter VIII Purchasing and SellingArticle 51 A joint venture shall have the right to decide for itself to purchase required machinery and equipment, raw materials, fuels, accessories and fittings, means of transport and office equipment, etc (hereinafter referred to as materials) in China or from abroad.Article 52 The materials needed for office and daily use by a joint ventures can be purchased in China without any limit on quantity.Article 53 The Chinese Government encourages joint ventures to sell their products to the international market.Article 54 A joint venture has the right to export its products itself or entrust the saleagencies of the foreign party to the joint venture or the Chinese foreign trade corporations with sales on a mission or distribution.Article 55 Within the business scope stipulated in the contract, a joint venture may import machinery, equipment, parts, raw materials and fuel needed for its production. A joint venture shall make a plan every year for particulars on which import licenses are required by the stipulation of the State, and apply for them every 6 months. For machines, equipment and other objects a foreign party to the joint venture has contributed as part of its capital contribution, import licenses can be applied for directly with the documents approved by the examination and approval authorities. For materials the import of which is beyond the stipulated scope of the contract, separate applications for import licenses according to State regulations are required. A joint venture has the right to export its products by itself, whereas for those products which require export licenses under the stipulation of the State, the joint venture shall make an export plan every business year and apply for the needed licenses every six months.Article 56 With respect to prices of materials to be purchased in China and fees charged for the supply of water, electricity, gas and heat and the services such as cargo transportation, labor, project designing, consulting and adverting, etc. shall enjoy equal treatment accorded to other domestic enterprises.Article 57 In the business intercourse between a joint venture and other Chinese economic organizations, the two parties shall undertake economic responsibilities and settle disputes in connection with their contract in accordance with relevant laws and the contract concluded between them.Article 58 A joint venture shall provide statistical data and submit statistical statements in accordance with the Statistics Law of the People39。s Republic of China and Chinese regulations concerning the statistical system for the utilization of foreign capital.Chapter IX TaxesArticle 59 Joint ventures shall pay taxes according to the stipulations of relevant laws of the People39。s Republic of China.Article 60 Staff and workers employed by joint ventures shall pay individual ine tax according to
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