中外合作經(jīng)營企業(yè)法-資料下載頁
2025-08-22 07:14本頁面
【正文】 der the law and the contractual joint venture contract, the profits it receives as its share, its other legitimate ine and the funds it receives as its share upon the termination of the venture, may be remitted abroad according to law. The wages, salaries or other legitimate ine earned by the foreign staff and workers of contractual joint ventures, after the payment of the individual ine tax according to law, may be remitted abroad. Article 23 Upon the expiration or termination in advance of the term of a contractual joint venture, its assets, claims and debts shall be liquidated according to legal procedures. The Chinese and foreign parties shall, in accordance with the agreement specified in the contractual joint venture contract, determine the ownership of the venture39。s property. A contractual joint venture shall, upon the expiration or termination in advance of its term, cancel its registration with the administrative department for industry and merce and the tax authorities. Article 24 The period of operation of a contractual joint venture shall be determined through consultation by the Chinese and foreign parties and shall be clearly specified in the contractual joint venture contract. If the Chinese and foreign parties agree to extend the period of operation, they shall apply to the examination and approval authority 180 days prior to the expiration of the venture39。s term. The examination and approval authority shall decide whether or not to grant approval within 30 days from the date of receiving the application. Article 25 Any dispute between the Chinese and foreign parties arising from the execution of the contract or the articles of association for a contractual joint venture shall be settled through consultation or mediation. In case of a dispute which the Chinese or foreign parties is unwilling to settle through consultation or mediation, or of a dispute which they have failed to settle through consultation or mediation, the Chinese and foreign parties may submit it to a Chinese arbitration agency or any other arbitration agency for arbitration in accordance with the arbitration clause in the contractual joint venture contract or a written agreement on arbitration concluded afterwards. The Chinese or foreign party may bring a suit in a Chinese court, if no arbitration clause is provided in the contractual joint venture contract and if no written agreement is concluded afterwards. Article 26 The detailed rules for the implementation of this Law shall be formulated by the department in charge of foreign economic relations and trade under the State Council and reported to the State Council for approval before implementation. Article 27 This Law shall go into effect as of the date of its promulgation. 5
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