对外经济贸易部、国家工商行政管理局关于承包经营中外合资经营企业的规定 REGULATIONS FOR CONTRACTED OPERATION OF CHINESE-FOREIGN EQUITY JO
2009-03-24 法律英语 来源:互联网 作者: ℃(3) Within 30 days from the date when the examination and approval authority issued documents of approval for the contracted operation, the contractual parties shall, with the certificate on the delivery of risk deposit or letter of guarantee and risk guaranty money, go through the formalities of registration with the administration for industry and commerce. The approval of the examination and approval authority shall automatically cease to be effective if registration is not done in 30 days. The administration for industry and commerce shall handle registration within 30 days of receiving the application.
The term of contracted operation begins from the date on which the administration for industry and commerce issues registration documents.
The registration of the opening and alteration of contracted operation and cancellation of registration shall be handled in accordance with the regulations of the administration for industry and commerce.
Article 7 Supplementary rules
(1) Joint ventures which are already under contracted operation must, within 90 days from the date these regulations are published, retroactively go through procedures of the examination and approval and registration for contractual operation. Contracts already concluded may be revised by referring to these regulations. The joint ventures and contractors who fail to retract formalities within the time, may be ordered jointly by the examination and approval authority and the administration for industry and commerce to terminate their contract, and even their business license of the joint venture may be taken over and the contractor's profit may be frozen.
(2) The examination and approval authority and administration for industry and commerce may penalize joint ventures and contractors who conceal their contracted operations without applying for approval and going through the registration formalities.
(3) The circular on the examination, approval and registration of enterprises from foreign countries or regions entrusted to manage Chinese-foreign joint ventures, published on July 1
1, 1988 by the State Administration for Industry and Commerce and the Ministry of Foreign Economic Relations and Trade is still valid for those joint ventures which entrust foreign enterprises with management and administration.
(4) Contracted operators of Chinese-foreign contractual joint ventures may refer to these regulations.
(5) These regulations goes into effect on the day of promulgation
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