【正文】
after referred to as MOFTEC). Upon approval, MOFTEC shall issue a certificate of approval.The State Council shall authorize the people39。4. causes environmental pollution。3. is not in conformity with the requirements of the development of China39。s sovereignty。 amended for the fifth time according to Decision of the State Council on Repealing and Revising Certain Administrative Regulations on February 19, 2014)Chapter I General ProvisionsArticle 1 These Regulations are formulated for the purpose of facilitating the smooth implementation of the Law of the People39。s Republic of China on SinoForeign Equity Joint Ventures on December 21, 1987, and further amended in accordance with the Decision of the State Council on the Revision of the Implementing Regulations of the Law of the People39。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。Effective date20140301Document noOrder of the State Council No. 648Effective regionNATIONAL Implementing Regulations of the Law of the People39。s Republic of China on SinoForeign Equity Joint Ventures (Revised in 2014) (Edited by )Promulgation date02192014PromulgatorState CouncilEffectivenessEffectiveCategoryForeign Investment Enterprise ( Company LawForeign Investment Enterprise ) Implementing Regulations of the Law of the People39。s Republic of China on SinoForeign Equity Joint Ventures on January 15, 1986, and secondly amended according to the Revision of Paragraph 3, Article 80 of the Implementing Regulations of the Law of the People39。s Republic of China on SinoForeign Equity Joint Ventures on July 22, 2001, and finally amended in accordance with Decision of the State Council on Abolishing and Revising Some Administrative Laws and Regulations on January 8, 2011。s Republic of China on SinoForeign Equity Joint Ventures (hereinafter referred to as the Law on SinoForeign Equity Joint Ventures).Article 2 Sinoforeign equity joint ventures (hereinafter referred to as joint ventures) established within the territory of China in accordance with the Law on Sinoforeign Equity Joint Ventures are legal persons in China and are governed and protected by Chinese laws.Article 3 Joint ventures established within the territory of China shall be able to promote the economic development of China and the enhancement of science and technology, and facilitate the socialist modernization and construction.Industries in which the establishment of joint ventures is encouraged, permitted, restricted or prohibited by the State shall be determined in accordance with the provisions of the State in the Regulations on Foreign Investment Guidelines and the Guidance Catalogue of Foreign Investment Industries.Article 4 An application for establishing a joint venture shall not be approved under any of the following circumstances:1. damages China39。2. violates Chinese laws。s national economy。 or5. there is obvious inequity in the agreements, contracts and Articles of association signed, impairing the rights and interests of one party to the joint venture.Article 5 A joint venture shall have the right to independently conduct business and management within the scope as prescribed by Chinese laws and regulations, and by the agreement, contract and Articles of association of the joint venture. The departments concerned shall provide support and assistance.Chapter II Establishment and RegistrationArticle 6 The establishment of joint ventures within the territory of China shall be subject to the examination and approval of the Ministry of Foreign Trade and Economic Cooperation of the People39。s government in provinces, autonomous regions and municipalities directly under the Central Government and the relevant departments under the State Council the power to examine and approve the establishment of joint ventures which satisfy the following conditions:1. Where the total amount of capital contribution is within the examination and approval authority as prescribed by the State Council and the source of capital of the Chinese party to the joint venture has been ascertained。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。 3. joint venture agreements, contracts and Articles of association executed by the representatives authorized by the parties to the joint venture。 5. other documents required by the examination and approval authorities.Documents listed in the preceding paragraph shall be written in Chinese, and documents (2), (3) and (4) can be written simultaneously in a foreign language agreed upon by the parties to the joint venture. Documents written in both languages shall be equally authentic and effective.Anything inappropriate in the submitted documents found by the examination and approval authorities shall be required to be amended within a specified time limit.Article 8 Upon receipt of all the documents stipulated in Article 7 hereof, the examination and approval authorities shall, within 3 months, decide whether to approve or disapprove.Article 9 The applicant shall, within one month upon receipt of the certificate of approval, go through the registration formalities with the administrative authority for industr