合编号________
2021年外加工贸易中外合作营合范
温馨提示：合示范文提供事签订合时种参考事须根具体实际情况正确选择适条款作相应调整切勿套订立重合者容复杂合咨询相关法律专业士感谢您阅读载
the contract for sinoforeign cooperative joint venture
chapter 1 general provisions
in accordance with the law of the people’’s republic of china on chineseforeign cooperative joint ventures and other relevant chinese laws andregulations _______________pany and _________pany in accordancewith the principle of equality and mutual benefit and through friendlyconsultations agree to jointly set up a cooperative venture in _______the people’’s republic of china
chapter 2 parties of the cooperative venturearticle
1 parties to this contract are as follows _________pany (hereinafterreferred to as party a) registered with ______in china and its legaladdress is at____________(street)_______(district)_____________(city)_____________china legal representative name position nationality ___________pany (hereinafter referred to as party b) registeredwith_______ its legal address at___________ legal representative name position nationality (note in case there are more than two investors they will be calledparty c d… in proper order)
chapter 3 establishment of the cooperative venture pany
article 2 in accordance with the cooperative venture law and other relevantchinese laws and regulations both parties of the cooperative ventureagree to set up ___________cooperative venture limited liability pany(hereinafter referred to as the cooperative venture pany)
article 3 the name of the cooperative venture pany is______________ limitedliability pany the name in foreign language is _________ the legal address of the joint venture pany is at__________street________(city)____________province
article 4 all activities of the cooperative venture pany shall be governed bythe laws decrees and pertinent rules and regulations of the people’’srepublic of china
article 5 the organization form of the cooperative venture pany is a limitedliability pany the profits risks and losses of the cooperativeventure pany shall be shared by the parties according to the relevantprovisions thereafter chapter 4 the purpose scope and scale of production and business
article 6 the goals of the parties to the cooperative venture are to enhanceeconomic cooperation technical e_changes to improve the product qualitydevelop new products and gain a petitive position in the world marketin quality and price by adopting advanced and appropriate technology andscientific management methods so as to raise economic results and ensuresatisfactory economic benefits for each cooperator (note this article shall be written according to the specificsituations in the contract)
article 7 the productive and business scope of the cooperative venture panyis to produce ________products provide maintenance service after the saleof the products study and develop new products (note it shall be written in the contract according to the specificconditions)
article 8 the production scale of the cooperative venture pany is as follows 1 the production capacity after the cooperative venture is put intooperation is _________ 2 the production scale may be increased up to_____________ with thedevelopment of the production and operation the product varieties may bedeveloped into ____________ (note it shall be written according to the specific situation)
chapter 5 total amount of investment and the registered capital
article 9 the total amount of investment of the cooperative venture pany isrmb____________(or a foreign currency agreed upon by both parties)
article 10 the registered capital of the joint venture pany is rmb __________(e_clusive of the right to the use of the site or the right to thee_ploitation of the natural resources and premises contributed by partya)
article 11 party a and party b will contribute the following to the cooperativeventure party a premises__________m2 the right to the use of the site_________m2 party b cash ______________yuan machines and equipment ____________yuan industrial property __________yuan others _____________yuan ___________yuan in all (note when contributing industrial property as investment party aand party b shall conclude a separate contract to be a part of this maincontract)
article 12 the right to the use of site contributed by party a shall be for theuse of the cooperative venture pany within _______________days after the approval of the contract the cash contributed by party b shall be paid in_______________installment each installment shall be as follows (note it shall be written according to the concrete conditions)
article 13 the machines and equipment contributed by party b as investment shallmeet the needs of the cooperative venture pany and shall be carried to the chinese port_________ days before the pletion of the premisesconstruction
chapter 6 responsibilities of each party to the joint venture
article 14 party a and party b shall be respectively responsible for thefollowing matters
responsibilities of party a handling of applications for approval registration business licenseand other matters concerning the establishment of the cooperative venturepany from relevant departments in charge of china processing the application for the right to the use of a site to theauthority in charge of the land organizing the design and construction of the premises and otherengineering facilities of the cooperative venture pany assisting party b to process import customs declaration for themachinery and equipment contributed by party b as investment and arrangingthe transportation within the chinese territory assisting the cooperative venture pany in purchasing or leasingequipment materials raw materials articles for office use means oftransportation and munication facilities etc assisting the cooperative venture pany in contacting and settlingthe fundamental facilities such as water electricity transportationetc assisting the cooperative venture in recruiting chinese managementpersonnel technical personnel workers and other personnel needed assisting foreign workers and staff in applying for entry visas worklicenses and handling their travel procedures responsible for handling other matters entrusted by the cooperativeventure pany
responsibilities of party b providing cash machinery and equipment industrial property… inaccordance with the provisions of article 11 and article 12 13 andresponsible for shipping capital goods such as machinery and equipmentetc contributed as investment to a chinese port handling the matters entrusted by the cooperative venture panysuch as selecting and purchasing machinery and equipment outside chinaetc providing necessary technical personnel for installing testing andtrial production of the equipment as well as the technical personnel forproduction and inspecting training the technical personnel and workers of the cooperativeventure pany in case party b is the licensor it shall be responsible for thestable production of qualified products of the cooperative venture panyin the light of design capacity within the specified period responsible for other matters entrusted by the joint venture pany (note it shall be written according to the specific situation)
chapter 7 distribution of profits and repayment for party b’’s investment
article 15 the cooperative venture pany shall distribute its profits inaccordance with the following procedure after paying the ine ta_ ____________ as allocations for reserve funds e_pansion fundswelfare funds and bonuses for staff and workers of the cooperative venturepany ____________ as repayment for party b’’s investment and___________years scheduled to pay back all party b’’s investment ____________ of the left distributed to party a and ___________ toparty b
chapter 8 selling of products
article 16 the products of cooperative venture pany will be sold both on thechinese and the overseas market the e_port portion accounts for____________ ____________ for the domestic market (note an annual percentage and amount for outside and domesticselling will be written out according to practical operations in normalconditions the amount for e_port shall at least meet the needs of foreigne_change e_penses of the joint venture pany)
article 17 products may be sold on overseas markets through the followingchannels the cooperative venture pany may directly sell its products on theinternational market accounting for _________ the cooperative venture pany may sign sales contracts with chineseforeign trade panies entrusting them to be the sales agencies ore_clusive sales agencies accounting for __________ the cooperative venture pany may entrust party b to sell itsproducts accounting for ________
article 18 the cooperative venture’’s products to be sold in china may be handledby the chinese materials and mercial departments by means of agency ore_clusive sales or may be sold by the cooperative venture panydirectly
article 19 in order to provide maintenance service to the products sold both inchina or abroad the cooperative venture pany may set up sales branchesfor maintenance service both in china or abroad subject to the approval of the relevant chinese department
chapter 9 the board of directors
article 20 the date of registration of the cooperative venture pany shall bethe date of the establishment of the board of directors of the cooperativeventure pany
article 21 the board of directors is posed of ____________directors of which___________shall be appointed by party a ____________by party b thechairman of the board shall be appointed by party a and its vicechairmanby party b the term of office for the directors chairman andvicechairmans four years their term of office may be renewed ifcontinuously appointed by the relevant party
article 22 the highest authority of the cooperative venture pany shall be itsboard of directors it shall decide all major issues concerning thecooperative venture pany unanimous approval shall be required for anydecisions concerning major issues as for other matters approval bymajority or a simple majority shall be required (note it shall be e_plicitly set out in the contract)
article 23 the chairman of the board is the legal representative of thecooperative venture pany should the chairman be unable to e_ercise hisresponsibilities for any reason he shall authorize the vicechairman orany other directors to represent the joint venture pany temporarily
article 24 the board of directors shall convene at least one meeting every yearthe meeting shall be called and presided over by the chairman of theboard the chairman may convene an interim meeting based on a proposalmade by more than one third of the total number of directors minutes of the meetings shall be placed on file
article 25 the meeting shall be valid only when more than two thirds of the totalnumber of directors attend in case of absence the director shall entrustanother person to attend and vote for him with a trust deed
chapter 10 business management office
article 26 the cooperative venture pany shall establish a management officewhich shall be responsible for its daily management the management officeshall have a general manager appointed by party _____ ______deputygeneral managers _____by party _____ _____by party ______ the generalmanager and deputy general managers whose terms of office is _____yearsshall be appointed by the board of directors
article 27 the responsibility of the general manager is to carry out thedecisions of the board and organize and conduct the daily management of the cooperative venture pany the deputy general managers shall assistthe general manager in his work
article 28 the general manager shall report to the board of directors theoperation conditions of the cooperative pany every three months andmake a financial report every si_ months
article 29 in case of graft or serious dereliction of duty on the part of thegeneral manager and deputy general managers the board of directors shallhave the power to dismiss them at any time
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2021年外加工贸易中外合作营合范
温馨提示：合示范文提供事签订合时种参考事须根具体实际情况正确选择适条款作相应调整切勿套订立重合者容复杂合咨询相关法律专业士感谢您阅读载
the contract for sinoforeign cooperative joint venture
chapter 1 general provisions
in accordance with the law of the people’’s republic of china on chineseforeign cooperative joint ventures and other relevant chinese laws andregulations _______________pany and _________pany in accordancewith the principle of equality and mutual benefit and through friendlyconsultations agree to jointly set up a cooperative venture in _______the people’’s republic of china
chapter 2 parties of the cooperative venturearticle
1 parties to this contract are as follows _________pany (hereinafterreferred to as party a) registered with ______in china and its legaladdress is at____________(street)_______(district)_____________(city)_____________china legal representative name position nationality ___________pany (hereinafter referred to as party b) registeredwith_______ its legal address at___________ legal representative name position nationality (note in case there are more than two investors they will be calledparty c d… in proper order)
chapter 3 establishment of the cooperative venture pany
article 2 in accordance with the cooperative venture law and other relevantchinese laws and regulations both parties of the cooperative ventureagree to set up ___________cooperative venture limited liability pany(hereinafter referred to as the cooperative venture pany)
article 3 the name of the cooperative venture pany is______________ limitedliability pany the name in foreign language is _________ the legal address of the joint venture pany is at__________street________(city)____________province
article 4 all activities of the cooperative venture pany shall be governed bythe laws decrees and pertinent rules and regulations of the people’’srepublic of china
article 5 the organization form of the cooperative venture pany is a limitedliability pany the profits risks and losses of the cooperativeventure pany shall be shared by the parties according to the relevantprovisions thereafter chapter 4 the purpose scope and scale of production and business
article 6 the goals of the parties to the cooperative venture are to enhanceeconomic cooperation technical e_changes to improve the product qualitydevelop new products and gain a petitive position in the world marketin quality and price by adopting advanced and appropriate technology andscientific management methods so as to raise economic results and ensuresatisfactory economic benefits for each cooperator (note this article shall be written according to the specificsituations in the contract)
article 7 the productive and business scope of the cooperative venture panyis to produce ________products provide maintenance service after the saleof the products study and develop new products (note it shall be written in the contract according to the specificconditions)
article 8 the production scale of the cooperative venture pany is as follows 1 the production capacity after the cooperative venture is put intooperation is _________ 2 the production scale may be increased up to_____________ with thedevelopment of the production and operation the product varieties may bedeveloped into ____________ (note it shall be written according to the specific situation)
chapter 5 total amount of investment and the registered capital
article 9 the total amount of investment of the cooperative venture pany isrmb____________(or a foreign currency agreed upon by both parties)
article 10 the registered capital of the joint venture pany is rmb __________(e_clusive of the right to the use of the site or the right to thee_ploitation of the natural resources and premises contributed by partya)
article 11 party a and party b will contribute the following to the cooperativeventure party a premises__________m2 the right to the use of the site_________m2 party b cash ______________yuan machines and equipment ____________yuan industrial property __________yuan others _____________yuan ___________yuan in all (note when contributing industrial property as investment party aand party b shall conclude a separate contract to be a part of this maincontract)
article 12 the right to the use of site contributed by party a shall be for theuse of the cooperative venture pany within _______________days after the approval of the contract the cash contributed by party b shall be paid in_______________installment each installment shall be as follows (note it shall be written according to the concrete conditions)
article 13 the machines and equipment contributed by party b as investment shallmeet the needs of the cooperative venture pany and shall be carried to the chinese port_________ days before the pletion of the premisesconstruction
chapter 6 responsibilities of each party to the joint venture
article 14 party a and party b shall be respectively responsible for thefollowing matters
responsibilities of party a handling of applications for approval registration business licenseand other matters concerning the establishment of the cooperative venturepany from relevant departments in charge of china processing the application for the right to the use of a site to theauthority in charge of the land organizing the design and construction of the premises and otherengineering facilities of the cooperative venture pany assisting party b to process import customs declaration for themachinery and equipment contributed by party b as investment and arrangingthe transportation within the chinese territory assisting the cooperative venture pany in purchasing or leasingequipment materials raw materials articles for office use means oftransportation and munication facilities etc assisting the cooperative venture pany in contacting and settlingthe fundamental facilities such as water electricity transportationetc assisting the cooperative venture in recruiting chinese managementpersonnel technical personnel workers and other personnel needed assisting foreign workers and staff in applying for entry visas worklicenses and handling their travel procedures responsible for handling other matters entrusted by the cooperativeventure pany
responsibilities of party b providing cash machinery and equipment industrial property… inaccordance with the provisions of article 11 and article 12 13 andresponsible for shipping capital goods such as machinery and equipmentetc contributed as investment to a chinese port handling the matters entrusted by the cooperative venture panysuch as selecting and purchasing machinery and equipment outside chinaetc providing necessary technical personnel for installing testing andtrial production of the equipment as well as the technical personnel forproduction and inspecting training the technical personnel and workers of the cooperativeventure pany in case party b is the licensor it shall be responsible for thestable production of qualified products of the cooperative venture panyin the light of design capacity within the specified period responsible for other matters entrusted by the joint venture pany (note it shall be written according to the specific situation)
chapter 7 distribution of profits and repayment for party b’’s investment
article 15 the cooperative venture pany shall distribute its profits inaccordance with the following procedure after paying the ine ta_ ____________ as allocations for reserve funds e_pansion fundswelfare funds and bonuses for staff and workers of the cooperative venturepany ____________ as repayment for party b’’s investment and___________years scheduled to pay back all party b’’s investment ____________ of the left distributed to party a and ___________ toparty b
chapter 8 selling of products
article 16 the products of cooperative venture pany will be sold both on thechinese and the overseas market the e_port portion accounts for____________ ____________ for the domestic market (note an annual percentage and amount for outside and domesticselling will be written out according to practical operations in normalconditions the amount for e_port shall at least meet the needs of foreigne_change e_penses of the joint venture pany)
article 17 products may be sold on overseas markets through the followingchannels the cooperative venture pany may directly sell its products on theinternational market accounting for _________ the cooperative venture pany may sign sales contracts with chineseforeign trade panies entrusting them to be the sales agencies ore_clusive sales agencies accounting for __________ the cooperative venture pany may entrust party b to sell itsproducts accounting for ________
article 18 the cooperative venture’’s products to be sold in china may be handledby the chinese materials and mercial departments by means of agency ore_clusive sales or may be sold by the cooperative venture panydirectly
article 19 in order to provide maintenance service to the products sold both inchina or abroad the cooperative venture pany may set up sales branchesfor maintenance service both in china or abroad subject to the approval of the relevant chinese department
chapter 9 the board of directors
article 20 the date of registration of the cooperative venture pany shall bethe date of the establishment of the board of directors of the cooperativeventure pany
article 21 the board of directors is posed of ____________directors of which___________shall be appointed by party a ____________by party b thechairman of the board shall be appointed by party a and its vicechairmanby party b the term of office for the directors chairman andvicechairmans four years their term of office may be renewed ifcontinuously appointed by the relevant party
article 22 the highest authority of the cooperative venture pany shall be itsboard of directors it shall decide all major issues concerning thecooperative venture pany unanimous approval shall be required for anydecisions concerning major issues as for other matters approval bymajority or a simple majority shall be required (note it shall be e_plicitly set out in the contract)
article 23 the chairman of the board is the legal representative of thecooperative venture pany should the chairman be unable to e_ercise hisresponsibilities for any reason he shall authorize the vicechairman orany other directors to represent the joint venture pany temporarily
article 24 the board of directors shall convene at least one meeting every yearthe meeting shall be called and presided over by the chairman of theboard the chairman may convene an interim meeting based on a proposalmade by more than one third of the total number of directors minutes of the meetings shall be placed on file
article 25 the meeting shall be valid only when more than two thirds of the totalnumber of directors attend in case of absence the director shall entrustanother person to attend and vote for him with a trust deed
chapter 10 business management office
article 26 the cooperative venture pany shall establish a management officewhich shall be responsible for its daily management the management officeshall have a general manager appointed by party _____ ______deputygeneral managers _____by party _____ _____by party ______ the generalmanager and deputy general managers whose terms of office is _____yearsshall be appointed by the board of directors
article 27 the responsibility of the general manager is to carry out thedecisions of the board and organize and conduct the daily management of the cooperative venture pany the deputy general managers shall assistthe general manager in his work
article 28 the general manager shall report to the board of directors theoperation conditions of the cooperative pany every three months andmake a financial report every si_ months
article 29 in case of graft or serious dereliction of duty on the part of thegeneral manager and deputy general managers the board of directors shallhave the power to dismiss them at any time
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《香当网》用户分享的内容，不代表《香当网》观点或立场，请自行判断内容的真实性和可靠性！
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