(1) energy development, building materials industry, chemical industry, metallurgical industry;
(2) machinery manufacturing industry, instrument and meter industry, and manufacturing of offshore petroleum extraction equipment;
(3) electronic industry, computer industry, and manufacturing of communication equipment;
(4) light industry, textile industry, food industry, medicine and pharmaceuticals; and (5) the development of the Chinese economy. textile industry, food industry, pharmaceutical and medical device industry, packaging industry;
(v) agriculture, pastoralism, breeding industry;
(vi) tourism and service industry. Article 4 A joint venture applying for establishment shall emphasize economic benefits and meet one or more of the following requirements:
(1) the use of advanced technology and equipment and scientific management methods, which can increase product varieties, improve product quality and output, and save energy and materials;
(2) it is conducive to technological reform of the enterprise, and can achieve low investment, quick results and high returns;
(3) it can expand product exports and increase foreign exchange earnings;
(4) it can increase product exports and increase foreign exchange earnings. (c) Expand product exports and increase foreign exchange earnings;
(d) Train technicians and management personnel. Article 5 An application for the establishment of a joint venture shall not be approved in any of the following cases:
(1) if it is detrimental to China's sovereignty;
(2) if it is in violation of China's laws;
(3) if it is not in line with the requirements for the development of China's national economy;
(4) if it causes environmental pollution;
(5) if it is manifestly unfair that an agreement, a contract, or a statute is concluded (e) The agreements, contracts and articles of association signed are obviously unfair and jeopardize the rights and interests of one of the parties to the joint venture. Article 6 Unless otherwise provided, the governmental competent authority of a Chinese joint venture is the competent authority of the joint venture (hereinafter referred to as the competent authority of the enterprise). If a joint venture has two or more Chinese joint venturers and is subordinate to different departments or regions, a competent enterprise department shall be determined by consultation between the departments and regions concerned.
The competent enterprise department shall be responsible for guiding, assisting and supervising the joint venture. Article 7 Within the scope of Chinese laws and regulations and the provisions of the agreement, contract and articles of association of the joint venture, the joint venture shall have the right to carry out its operation and management independently. The departments concerned shall give support and assistance. Chapter II Establishment and Registration Article 8 The establishment of a joint venture within the territory of China must be examined and approved by the Ministry of Foreign Economic Relations and Trade of the People's Republic of China (hereinafter referred to as the Ministry of Foreign Economic Relations and Trade). After approval, the Ministry of Foreign Economic Relations and Trade shall issue a certificate of approval.
Where the following conditions are met, the Ministry of Foreign Trade and Economic Cooperation may delegate the approval to the people's government of the province, autonomous region or municipality directly under the central government, or to the relevant ministry or bureau of the State Council (hereinafter referred to as the delegated organization):
(a) the total investment is within the amount prescribed by the State Council, and the source of funds of the Chinese joint venture partner has already been realized;
(b) the establishment of a joint venture in the territory of the People's Republic of China does not require additional state appropriation of raw materials, and does not affect the quality and quality of fuel, power, transportation, foreign trade exports, or the quality of the goods. power, transportation, foreign trade and export quota of the national balance.
After the trustee organization approves the establishment of a joint venture, it shall report it to the Ministry of Foreign Trade and Economic Cooperation for record, and the Ministry of Foreign Trade and Economic Cooperation shall issue a certificate of approval.
(The Ministry of Foreign Economic Relations and Trade and the trustee organization, hereinafter collectively referred to as the approving organization.) Article 9 The establishment of a joint venture shall be handled in accordance with the following procedures:
(1) The Chinese joint venturer shall submit to the competent enterprise department a project proposal and a preliminary feasibility study report on the proposed establishment of a joint venture with a foreign joint venturer. After the proposal and the preliminary feasibility study report have been examined and approved by the competent department of the enterprise and forwarded to the approving authority for approval, the joint venture parties can proceed with the work centering on the feasibility study, and on this basis negotiate and sign the joint venture agreement, contract and articles of association.
(2) In applying for the establishment of a joint venture, the Chinese joint venturer shall be responsible for submitting the following official documents to the approval authority:
(1) an application for the establishment of a joint venture;
(2) a feasibility study report prepared by each of the joint venture's workers***;
(3) a joint venture agreement, contract and articles of incorporation signed by an authorized representative of each of the joint venture parties;
(4) a joint venture agreement, contract and articles of association appointed by the joint venture parties;
(4) a joint venture agreement, contract and articles of incorporation signed by the authorized representative of each of the joint venture parties. The list of candidates for the chairman, vice-chairman and directors of the joint venture appointed by the joint venture parties;
(5) Opinions signed by the competent enterprise department of the Chinese joint venturer and the people's government of the province, autonomous region or municipality directly under the central government where the joint venture is located on the establishment of the joint venture.
The documents listed above must be written in Chinese, of which items (2), (3) and (4) may be written simultaneously in a foreign language agreed upon by the joint venture parties. Documents written in both languages have the same effect. Article 10 The approving authority shall decide to approve or disapprove within three months from the date of receipt of all the documents stipulated in Article 9 (2) of these Regulations. If the approving authority finds any impropriety in the aforesaid documents, it shall require them to be amended within a certain period of time, otherwise it shall not grant approval. Article 11 The applicant shall, within one month after the receipt of the certificate of approval, apply to the Administration for Industry and Commerce of the province, autonomous region or municipality directly under the Central Government (hereinafter referred to as the registration authority) where the joint venture is situated with the certificate of approval in accordance with the provisions of the Measures for the Administration of Registration of Sino-Foreign Equity Joint Ventures of the People's Republic of China*** and the State of China. The date of issuance of the business license of the joint venture is the date of establishment of the joint venture.