Article 2
In accordance with the Cooperative Venture Law and other relevant
Chinese laws and regulations, both parties of the Cooperative venture
agree to set up ___________Cooperative venture limited liability company
(hereinafter referred to as the Cooperative venture company).
Article 3
The name of the Cooperative venture company is______________ Limited
Liability Company.
The name in foreign language is _________.
The legal address of the joint venture company is at
__________street________(city)____________province.
Article 4
All activities of the Cooperative venture company shall be governed by
the laws, decrees and pertinent rules and regulations of the People's
Republic of China.
Article 5
The organization form of the Cooperative venture company is a limited
liability company. The profits, risks and losses of the Cooperative
venture company shall be shared by the parties according to the relevant
provisions thereafter.
【章名】 Chapter 4 The Purpose, Scope and Scale of Production and Business
Article 6
The goals of the parties to the Cooperative venture are to enhance
economic cooperation technical exchanges, to improve the product quality,
develop new products, and gain a competitive position in the
in quality and price by adopting advanced and appropriate technology and
scientific management methods, so as to raise economic results and ensure
satisfactory economic benefits for each Cooperator.
(Note: This article shall be written according to the specific
situations in the contract).
Article 7
The productive and business scope of the Cooperative venture company
is to produce ________products; provide maintenance service after the sale
of the products; study and develop new products.
(Note: It shall be written in the contract according to the specific
conditions).
Article 8
The production scale of the Cooperative venture company is as follows:
1. The production capacity after the Cooperative venture is put into
operation is _________.
2. The production scale may be increased up to_____________ with the
development of the production and operation. The product varieties may be
developed into ____________.
(Note: It shall be written according to the specific situation).
【章名】 Chapter 5 Total Amount of Investment and the Registered Capital
Article 9
The total amount of investment of the Cooperative venture company is
RMB____________(or a foreign currency agreed upon by both parties).
Article 10
The registered capital of the joint venture company is RMB __________.
(Exclusive of the right to the use of the site or the right to the
exploitation of the natural resources and premises contributed by Party
A.)
Article 11
Party A and Party B will contribute the following to the cooperative
venture:
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 A
and Party B shall conclude a separate contract to be a part of this main
contract).
Article 12
The right to the use of site contributed by Party A shall be for the
use of the cooperative venture company 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 i
meet the needs of the cooperative venture company, and shall be carried to
the Chinese port_________ days before the completion of the premises
construction.
【章名】 Chapter 6 Responsibilities of Each Party to the Joint Venture
Article 14
Party A and Party B shall be respectively responsible for the
following matters:
Responsibilities of Party A:
Handling of applications for approval, registration, business license
and other matters concerning the establishment of the cooperative venture
company from relevant departments in charge of China;
Processing the application for the right to the use of a site to the
authority in charge of the land;
Organizing the design and construction of the premises and other
engineering facilities of the cooperative venture company;
Assisting Party B to process import customs declaration for the
machinery and equipment contributed by Party B as investment and arranging
the transportation within the Chinese territory;
Assisting the cooperative venture company in purchasing or leasing
equipment, materials, raw materials, articles for office use, means of
transportation and communication facilities etc.;
Assisting the cooperative venture company in contacting and settling
the fundamental facilities such as water, electricity, transportation
etc.;
Assisting the cooperative venture in recruiting Chinese management
personnel, technical personnel, workers and other personnel needed;
Assisting foreign workers and staff in applying for entry visas, work
licenses and handling their travel procedures;
Responsible for handling other matters entrusted by the cooperative
venture company.
Responsibilities of Party B:
Providing cash, machinery and equipment, industrial property... in
accordance with the provisions of Article 11 and Article 12, 13, and
responsible for shipping capital goods such as machinery and equipment
etc. contributed as investment to a Chinese port;
Handling the matters entrusted by the cooperative venture company,
such as selecting and purchasing machinery and equipment outside China,
etc.;
Providing necessary technical personnel for installing, testing and
trial production of the equipment as well as the technical personnel for
production and inspecting;
Training the technical personnel and workers of the cooperative
venture company;
In case Party B is the licensor, i
stable production of qualified products of the cooperative venture company
in the light of design capacity within the specified period;
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