全国人民代表大会常务委员会关于修改《中华人民共和国中外合作经
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(单词翻译:双击或拖选)
 

(Adopted at the 18th Meeting of the Standing1 Committee of the Ninth National People's Congress on October 31,2000)
颁布日期:20001031  实施日期:20001031  颁布单位:全国人大常委会

  Order of the President of the People's Republic of China No.40

  The Decision of the Standing Committee of the National People's Congress on Revision of the Law of the People's Republic of China on Chinese-Foreign Contractual Joint2 Ventures, adopted at the 18th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on October 31,2000, is hereby promulgated3 and shall go into effect as of the date of its promulgation4.

  Jiang Zemin

  President of the People's Republic of China

  October 31,2000

  At its 18th Meeting the Standing Committee of the National People's Congress decided5 to make the following revisions of the Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures:

  1. Article 19 is revised as follows: "A contractual joint venture nay6, within its scope of operation approved, import materials it needs and export products it produces. A contractual joint venture may, in adherence7 to the principles of fairness and rationality, purchase on both the Chinese and the world market the raw and semi-processed materials, fuels and other materials it needs within the approved scope of operation."

  2. Article 20 is deleted.

  In addition, the order of part of the articles of this Law shall be rearranged correspondingly according to this Decision.

  This Decision shall go into effect as of the date of its promulgation.

  The Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures shall be revised according to this Decision and promulgated anew.

  Appendix:

  Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures

  (Adopted at the First Session of the seventh National People's Congress on April 13,1998 and amended8 according to the Decision on revision of the Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures adopted at the 18th Meeting of the Standing Committee of the Ninth National People's Congress on October 31, 2000)

  Article 1 This Law is formulated9 to expand economic cooperation and technological10 exchange with foreign countries and to promote the joint establishment, on the principles of equality and mutual11 benefit, by foreign enterprises and other economic organizations or individuals (hereinafter referred to as the foreign party) and Chinese enterprises or other economic organizations (hereinafter referred to as the Chinese party) of Chinese- foreign contractual joint ventures (hereinafter referred to as contractual joint ventures) within the territory of the People's Republic of China.

  Article 2 In establishing a contractual joint venture, the Chinese and foreign parties shall, in accordance with the provisions of this Law, prescribe in their contractual joint venture contract such matters as the investment or conditions for cooperation, the distribution of earnings12 or products, the sharing of risks and losses, the manners of operation and management and the ownership of the property at the time of the termination of the contractual joint venture.

  A contractual joint venture which meets the conditions for being considered a legal person under Chinese law shall acquire the status of a Chinese legal person in accordance with law.

  Article 3 The State shall, according to law, protect the lawful13 rights and interests of the contractual joint ventures and of the Chinese and foreign parties.

  A contractual joint venture shall abide14 by Chinese laws and regulations and may not injure the public interests of China.

  The relevant State authority shall exercise supervision15 over the contractual joint ventures according to law.

  Article 4 The State encourage the establishment of productive contractual joint ventures that are export-oriented or technologically16 advanced.

  Article 5 For the purpose of applying for the establishment of a contractual joint venture, such documents as the agreement, the contract and the articles of association signed by the Chinese and foreign parties shall be submitted for examination and approval to the department in charge of foreign economic relations and trade under the State Council or to the department or local government authorized17 by the State Council (hereinafter referred to as the examination and approval authority). The examination and approval authority shall, within 45 days from the date of receiving the application, decide whether or not to grant approval.

  Article 6 When the application for the establishment of a contractual joint venture is approved, the parties shall, within 30 days from the date of receiving the certificate of approval, apply to the administrative18 department for industry and commerce for registration19 in order to obtain a business license20. The date of issue of the business license of contractual joint venture shall be the date of its establishment.

  A contractual joint venture shall, within 30 days of its establishment, carry out tax registration with the tax authorities.

  Article 7 If the Chinese and foreign parties, during the period of operation of their contractual joint venture, agree though consultation21 to make major modifications22 to the contractual joint venture contract, they shall report to the examination and approval authority for approval; if the modifications include items involving statutory industry and commerce modifications include items involving statutory industry and commerce registration or tax registration, they shall register the modifications with the administrative department for industry and commerce and with the tax authorities.

  Article 8 The investment or conditions for cooperation contributed by the Chinese and foreign parties may be provided in cash or in kind, or may include the right to the use of land, industrial property rights, non-patent technology or other property rights.

  Article 9 The Chinese and foreign parties shall, in accordance with the provisions of the laws and regulations and the agreements in the contractual joint venture contract, duly fulfil their obligations of contributing full investment and providing the conditions for cooperation.In case of failure to do so within the prescribed time, the administrative department for industry and commerce shall set another time limit for the fulfillment of such obligations; if such obligations are still not fulfilled by the new time limit, the matter shall be handled by the examination and approval authority and the administrative department for industry and commerce according to relevant state regulations.

  The investments or conditions for cooperation provided by the Chinese and foreign parties shall be verified by an accountant registered in China or the relevant authorities, who shall provide a certificate after verification.

  Article 10 If a Chinese or foreign party wishes to make an assignment of all or part of its rights and obligations prescribed in the contractual joint venture contract, it shall be subject to consent of the other party or parties and report to the examination and approval authority for approval.

  Article 11 A contractual joint venture shall conduct its operational and managerial activities in accordance with the approved contract and articles of association for the contractual joint venture. The right of a contractual joint venture to make its own operational and managerial decisions shall not be free from any interference.

  Article 12 A contractual joint venture shall establish a board of directors or a joint managerial institution which shall, according to the contract or the articles of association for the contractual joint venture, decide on the major issues concerning the venture. If the Chinese or foreign party assumes the chairmanship of the board of directors or the directorship of the joint managerial institution, the other party shall assume the vice-chairmanship of the board or the deputy directorship of the joint managerial institution. The board of directors or the joint managerial institution may decide on the appointment or employment of a general manager, who shall take charge of the daily operation and management of the contractual joint venture. The general manager shall be accountable to the board of directors or the joint managerial institution.

  If a contractual joint venture, after its establishment, chooses to entrust23 a third party with its operation and management, it shall be subject to the unanimous consent of the board of directors or the joint managerial institution, report to the examination and approval authority for approval, and register the change with the administrative department for industry and commerce.

  Article 13 The employment, dismissal, remuneration, welfare benefits, occupational protection, labour insurance, etc. of the staff members and workers of a contractual joint venture shall be specified24 in contracts concluded in accordance with law.

  Article 14 The staff and workers of a contractual joint venture shall, in accordance with law, establish their trade union organization to carry out trade union activities and protect their lawful rights and interests.

  A contractual joint venture shall provide the necessary conditions for the venture's trade union to carry out its activities.

  Article 15 A contractual joint venture shall establish its account books within the territory of China, file its accounting25 statements according to relevant regulations and accept supervision by the financial and tax authorities.

  If a contractual joint venture, in violation26 of the provisions prescribed in the preceding paragraph, does not establish its account books within the territory of China, the financial and tax authorities may impose a fine on it, and the administrative department for industry and commerce may order it to suspend its business operation or may revoke27 its business license.

  Article 16 A contractual joint venture shall, by presenting its business license, open a foreign exchange account with a bank or any other financial institution which is permitted by the exchange control authorities of the State to conduct transactions in foreign exchange.

  A contractual joint venture shall handle its foreign exchange transactions in accordance with the State regulations on foreign exchange control.

  Article 17 A contractual joint venture may obtain from financial institutions within the territory of China and may also obtain loans outside the territory of China.

  Loans to be used by the Chinese and foreign parties as investment or conditions for cooperation, and their guarantees shall be provided by each party on its own.

  Article 18 The various kinds of insurance coverage28 of a contractual joint venture shall be furnished by insurance institutions within the territory of China.

  Article 19 A contractual joint venture may, within its scope of operation approved, import materials it needs and export products it produces. A contractual joint venture may, in adherence to the principles of fairness and rationality, purchase on both the Chinese and the world market the raw and semi-processed materials, fuels and other materials it needs within the approved scope of operation.

  Article 20 A contractual joint venture shall, in accordance with State regulations on tax, pay taxes and may enjoy the preferential treatment of tax reduction or exemption29.

  Article 21 The Chinese and foreign parties shall share earnings or products, undertake risks and losses in accordance with the agreements prescribed in the contractual joint venture contract.

  If, upon the expiration30 of the period of a venture's operation, all the fixed31 assets of the contractual joint venture, as agreed upon by the Chinese and foreign parties in the contractual joint venture contract, are to belong to the Chinese party, the Chinese and foreign parties may prescribe in the contractual joint venture contract the ways for the foreign party to recover its investment ahead of time during the period of the venture's operation. If the foreign party, as agreed upon in the contractual joint venture contracts, is to recover its investment prior to the payment of income tax, it shall apply to the financial and tax authorities, which shall examine and approve the application in accordance with State regulations concerning taxes.

  If, according to the provisions of the preceding paragraph, the foreign party is to recover its investment ahead of time during the period of the venture's operation, the Chinese and foreign parties shall, as stipulated32 by the relevant laws and agreed in the contractual joint venture contract, be liable for the debts of the venture.

  Article 22 After the foreign party has fulfilled its obligations under the law and the contractual joint venture contract, the profits it receives as its share, its other legitimate33 income and the funds it receives as its share upon the termination of the venture, may be remitted34 abroad according to law.

  The wages, salaries or other legitimate income earned by the foreign staff and workers of contractual joint ventures, after the payment of the individual income 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 liquidated35 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 venture'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 commerce and the tax authorities.

  Article 24 The period of operation of a contractual joint venture shall be determined36 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 venture'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 mediation37.In case of a dispute which the Chinese or foreign parties is unwilling38 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 arbitration39 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 detailed40 rules for the implementation41 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.



点击收听单词发音收听单词发音  

1 standing 2hCzgo     
n.持续,地位;adj.永久的,不动的,直立的,不流动的
参考例句:
  • After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。
  • They're standing out against any change in the law.他们坚决反对对法律做任何修改。
2 joint m3lx4     
adj.联合的,共同的;n.关节,接合处;v.连接,贴合
参考例句:
  • I had a bad fall,which put my shoulder out of joint.我重重地摔了一跤,肩膀脫臼了。
  • We wrote a letter in joint names.我们联名写了封信。
3 promulgated a4e9ce715ee72e022795b8072a6e618f     
v.宣扬(某事物)( promulgate的过去式和过去分词 );传播;公布;颁布(法令、新法律等)
参考例句:
  • Hence China has promulgated more than 30 relevant laws, statutes and regulations. 中国为此颁布的法律、法规和规章多达30余项。 来自汉英非文学 - 白皮书
  • The shipping industry promulgated a voluntary code. 航运业对自律守则进行了宣传。 来自辞典例句
4 promulgation d84236859225737e91fa286907f9879f     
n.颁布
参考例句:
  • The new law comes into force from the day of its promulgation. 新法律自公布之日起生效。 来自《简明英汉词典》
  • Article 118 These Regulations shall come into effect from the day of their promulgation. 第一百一十八条本条例自公布之日起实施。 来自经济法规部分
5 decided lvqzZd     
adj.决定了的,坚决的;明显的,明确的
参考例句:
  • This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
  • There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。
6 nay unjzAQ     
adv.不;n.反对票,投反对票者
参考例句:
  • He was grateful for and proud of his son's remarkable,nay,unique performance.他为儿子出色的,不,应该是独一无二的表演心怀感激和骄傲。
  • Long essays,nay,whole books have been written on this.许多长篇大论的文章,不,应该说是整部整部的书都是关于这件事的。
7 adherence KyjzT     
n.信奉,依附,坚持,固着
参考例句:
  • He was well known for his adherence to the rules.他因遵循这些规定而出名。
  • The teacher demanded adherence to the rules.老师要求学生们遵守纪律。
8 Amended b2abcd9d0c12afefe22fd275996593e0     
adj. 修正的 动词amend的过去式和过去分词
参考例句:
  • He asked to see the amended version. 他要求看修订本。
  • He amended his speech by making some additions and deletions. 他对讲稿作了些增删修改。
9 formulated cfc86c2c7185ae3f93c4d8a44e3cea3c     
v.构想出( formulate的过去式和过去分词 );规划;确切地阐述;用公式表示
参考例句:
  • He claims that the writer never consciously formulated his own theoretical position. 他声称该作家从未有意识地阐明他自己的理论见解。 来自《简明英汉词典》
  • This idea can be formulated in two different ways. 这个意思可以有两种说法。 来自《现代汉英综合大词典》
10 technological gqiwY     
adj.技术的;工艺的
参考例句:
  • A successful company must keep up with the pace of technological change.一家成功的公司必须得跟上技术变革的步伐。
  • Today,the pace of life is increasing with technological advancements.当今, 随着科技进步,生活节奏不断增快。
11 mutual eFOxC     
adj.相互的,彼此的;共同的,共有的
参考例句:
  • We must pull together for mutual interest.我们必须为相互的利益而通力合作。
  • Mutual interests tied us together.相互的利害关系把我们联系在一起。
12 earnings rrWxJ     
n.工资收人;利润,利益,所得
参考例句:
  • That old man lives on the earnings of his daughter.那个老人靠他女儿的收入维持生活。
  • Last year there was a 20% decrease in his earnings.去年他的收入减少了20%。
13 lawful ipKzCt     
adj.法律许可的,守法的,合法的
参考例句:
  • It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
  • We don't recognised him to be the lawful heir.我们不承认他为合法继承人。
14 abide UfVyk     
vi.遵守;坚持;vt.忍受
参考例句:
  • You must abide by the results of your mistakes.你必须承担你的错误所造成的后果。
  • If you join the club,you have to abide by its rules.如果你参加俱乐部,你就得遵守它的规章。
15 supervision hr6wv     
n.监督,管理
参考例句:
  • The work was done under my supervision.这项工作是在我的监督之下完成的。
  • The old man's will was executed under the personal supervision of the lawyer.老人的遗嘱是在律师的亲自监督下执行的。
16 technologically WqpwY     
ad.技术上地
参考例句:
  • Shanghai is a technologically advanced city. 上海是中国的一个技术先进的城市。
  • Many senior managers are technologically illiterate. 许多高级经理都对技术知之甚少。
17 authorized jyLzgx     
a.委任的,许可的
参考例句:
  • An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。
18 administrative fzDzkc     
adj.行政的,管理的
参考例句:
  • The administrative burden must be lifted from local government.必须解除地方政府的行政负担。
  • He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。
19 registration ASKzO     
n.登记,注册,挂号
参考例句:
  • Marriage without registration is not recognized by law.法律不承认未登记的婚姻。
  • What's your registration number?你挂的是几号?
20 license B9TzU     
n.执照,许可证,特许;v.许可,特许
参考例句:
  • The foreign guest has a license on the person.这个外国客人随身携带执照。
  • The driver was arrested for having false license plates on his car.司机由于使用假车牌而被捕。
21 consultation VZAyq     
n.咨询;商量;商议;会议
参考例句:
  • The company has promised wide consultation on its expansion plans.该公司允诺就其扩展计划广泛征求意见。
  • The scheme was developed in close consultation with the local community.该计划是在同当地社区密切磋商中逐渐形成的。
22 modifications aab0760046b3cea52940f1668245e65d     
n.缓和( modification的名词复数 );限制;更改;改变
参考例句:
  • The engine was pulled apart for modifications and then reassembled. 发动机被拆开改型,然后再组装起来。 来自《简明英汉词典》
  • The original plan had undergone fairly extensive modifications. 原计划已经作了相当大的修改。 来自《简明英汉词典》
23 entrust JoLxh     
v.信赖,信托,交托
参考例句:
  • I couldn't entrust my children to strangers.我不能把孩子交给陌生人照看。
  • They can be entrusted to solve major national problems.可以委托他们解决重大国家问题。
24 specified ZhezwZ     
adj.特定的
参考例句:
  • The architect specified oak for the wood trim. 那位建筑师指定用橡木做木饰条。
  • It is generated by some specified means. 这是由某些未加说明的方法产生的。
25 accounting nzSzsY     
n.会计,会计学,借贷对照表
参考例句:
  • A job fell vacant in the accounting department.财会部出现了一个空缺。
  • There's an accounting error in this entry.这笔账目里有差错。
26 violation lLBzJ     
n.违反(行为),违背(行为),侵犯
参考例句:
  • He roared that was a violation of the rules.他大声说,那是违反规则的。
  • He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。
27 revoke aWYxX     
v.废除,取消,撤回
参考例句:
  • The university may revoke my diploma.大学可能吊销我的毕业证书。
  • The government revoked her husband's license to operate migrant labor crews.政府撤销了她丈夫管理外来打工人群的许可证。
28 coverage nvwz7v     
n.报导,保险范围,保险额,范围,覆盖
参考例句:
  • There's little coverage of foreign news in the newspaper.报纸上几乎没有国外新闻报道。
  • This is an insurance policy with extensive coverage.这是一项承保范围广泛的保险。
29 exemption 3muxo     
n.豁免,免税额,免除
参考例句:
  • You may be able to apply for exemption from local taxes.你可能符合资格申请免除地方税。
  • These goods are subject to exemption from tax.这些货物可以免税。
30 expiration bmSxA     
n.终结,期满,呼气,呼出物
参考例句:
  • Can I have your credit card number followed by the expiration date?能告诉我你的信用卡号码和它的到期日吗?
  • This contract shall be terminated on the expiration date.劳动合同期满,即行终止。
31 fixed JsKzzj     
adj.固定的,不变的,准备好的;(计算机)固定的
参考例句:
  • Have you two fixed on a date for the wedding yet?你们俩选定婚期了吗?
  • Once the aim is fixed,we should not change it arbitrarily.目标一旦确定,我们就不应该随意改变。
32 stipulated 5203a115be4ee8baf068f04729d1e207     
vt.& vi.规定;约定adj.[法]合同规定的
参考例句:
  • A delivery date is stipulated in the contract. 合同中规定了交货日期。
  • Yes, I think that's what we stipulated. 对呀,我想那是我们所订定的。 来自辞典例句
33 legitimate L9ZzJ     
adj.合法的,合理的,合乎逻辑的;v.使合法
参考例句:
  • Sickness is a legitimate reason for asking for leave.生病是请假的一个正当的理由。
  • That's a perfectly legitimate fear.怀有这种恐惧完全在情理之中。
34 remitted 3b25982348d6e76e4dd90de3cf8d6ad3     
v.免除(债务),宽恕( remit的过去式和过去分词 );使某事缓和;寄回,传送
参考例句:
  • She has had part of her sentence remitted. 她被免去部分刑期。 来自《简明英汉词典》
  • The fever has remitted. 退烧了。 来自《现代英汉综合大词典》
35 liquidated a5fc0d9146373c3cde5ba474c9ba870b     
v.清算( liquidate的过去式和过去分词 );清除(某人);清偿;变卖
参考例句:
  • All his supporters were expelled, exiled, or liquidated. 他的支持者全都被驱逐、流放或消灭了。 来自《简明英汉词典》
  • That can be liquidated at market value any time. 那可按市价随时得到偿付。 来自辞典例句
36 determined duszmP     
adj.坚定的;有决心的
参考例句:
  • I have determined on going to Tibet after graduation.我已决定毕业后去西藏。
  • He determined to view the rooms behind the office.他决定查看一下办公室后面的房间。
37 mediation 5Cxxl     
n.调解
参考例句:
  • The dispute was settled by mediation of the third country. 这场争端通过第三国的斡旋而得以解决。
  • The dispute was settled by mediation. 经调解使争端得以解决。
38 unwilling CjpwB     
adj.不情愿的
参考例句:
  • The natives were unwilling to be bent by colonial power.土著居民不愿受殖民势力的摆布。
  • His tightfisted employer was unwilling to give him a raise.他那吝啬的雇主不肯给他加薪。
39 arbitration hNgyh     
n.调停,仲裁
参考例句:
  • The wage disagreement is under arbitration.工资纠纷正在仲裁中。
  • Both sides have agreed that the arbitration will be binding.双方都赞同仲裁具有约束力。
40 detailed xuNzms     
adj.详细的,详尽的,极注意细节的,完全的
参考例句:
  • He had made a detailed study of the terrain.他对地形作了缜密的研究。
  • A detailed list of our publications is available on request.我们的出版物有一份详细的目录备索。
41 implementation 2awxV     
n.实施,贯彻
参考例句:
  • Implementation of the program is now well underway.这一项目的实施现在行情看好。
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