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Ministry of Foreign Economics and Trade about releasing " of short duration of d
From;    Author:Stand originally


The first basis " law of enterprises of joint venture of China and foreign countries of People's Republic of China " (the 3rd times the conference amended the 7th National People's Congress on April 4, 1989) dozenth regulation, make this provision.
The 2nd runs company of joint venture of China and foreign countries (enterprise of jointly owned of the following abbreviation) , belong to a country to the regulation is encouraged and allow to invest a project, divide outside setting the 3rd to have a regulation additionally originally, jointly owned just can agree in the contract each jointly owned deadline, also need not agree jointly owned deadline.
The 3rd runs jointly owned company, attribute following trade or of the circumstance, jointly owned each ought to the regulation of concerned law of according to state, code, in deadline of jointly owned of the agreement in jointly owned contract:
(one) of service type business, if enlarge of restaurant, apartment, office building, recreation, food, cab, colour is washed,resemble, maintenance, seek advice etc;
(2) pursue land development and classics barracks real estate;
(3) be engaged in resource perambulate developing;
(4) the country stipulates limitation invests a project;
(5) other law, code rules the country need time of conventional jointly owned.
The 4th jointly owned just does not agree in jointly owned contract each the jointly owned enterprise of jointly owned deadline, according to the examination that the country sets attributive and program are examined and approve. Outside dividing what the Ministry of Foreign Economics and Trade examines and approve directly, other examine and approve mechanism to ought to put on record in Ministry of Foreign Economics and Trade of the 30 inside the day newspapers after approval.
The 5th jointly owned just does not agree in jointly owned contract each the jointly owned enterprise of jointly owned deadline, via tax authority approval, the provision that can concern taxation according to the country is enjoyed decrease duty, duty-free favourable treatment. If be managed actually period the fixed number of year that did not reach a country to set about taxation privilege, ought to fill lawfully capture already the imposition of derate.
The 6th has approved the jointly owned company that create before this provision applies, the deadline that agrees according to the jointly owned contract of approval is carried out, but belong to this regulation the jointly owned enterprise beyond the 3rd regulation, jointly owned just agrees consistently to write article of deadline of the jointly owned in jointly owned contract instead not to agree each of jointly owned deadline, jointly owned just ought to declare ground each, sign the agreement of contract of modification jointly owned, offer application, the newspaper examines and approve mechanism to examine formerly.
The decision inside 90 days is approved since the day that examines and approve mechanism to ought to receive afore-mentioned application documents oneself formerly or do not approve. After approval, according to this regulation the 4th regulation is dealt with put on record formalities.
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