Contract (Contract)

Contract: contract is also called "contract". It is an agreement reached by the parties to establish the rights and obligations of both parties.

Economic contract is an agreement between the two sides to clarify the relationship between rights and obligations for certain economic purposes.

Only legitimate economic contracts have legal effect.

Foreign contracts must be approved by government agencies before they take effect.

The general format of the economic contract: the 1. title of the contract: showing the nature of the contract (such as purchase and sale contract, construction contract, contract, etc.).

The 2. Party: the legal representative (or client) of Party A and B.

3. main contents: the main clauses include: the rights and obligations of the two parties; quantity and quality; price and remuneration; payment method and time; the time limit, place and method of performance, liability for breach of contract and so on.

4. inscription: the signature of the two sides (including the official seal); the bank, account number, address, telephone number, date of signing, and the advice and seal of the authentication department.

The contracts for Sino foreign joint venture enterprises should generally include the following main contents: the name of the 1. parties, the country of registration, the legal address and the name, duty and nationality of the legal representative.

The name, legal address, purpose, scope and scale of the 2. joint venture.

The total amount of investment, the registered capital, the amount of capital contribution, the proportion of capital contribution, the mode of contribution, the time limit for payment and pfer of capital contributions and the pfer of capital contributions of the 3. joint venture shall be stipulated.

The ratio of profit distribution and loss sharing among all 4. parties.

The composition of the board of directors of the 5. joint venture, the allocation of the board of directors and the responsibilities, powers and employment methods of the general manager, deputy general managers and other senior managers.

The main production equipment, production technology and its source adopted by 6..

The proportion of products sold and sold in China and abroad is 7..

8. the arrangement of foreign exchange fund receipts and payments.

9. principles of finance, accounting and auditing.

10. of labor management, wages, welfare, labor insurance and other matters.

The joint venture term, dissolution and liquidation procedure of the 11. joint venture.

The contract of Sino foreign contractual joint venture should generally include the following main contents: the name, address, scope of operation and scale of the 1. cooperative enterprises.

The organization form of the 2. cooperation enterprise, its legal representative's name, duty and nationality.

The name, address, state, legal address, name and nationality of the legal representative of the 3. cooperative enterprise.

The 4. board or joint body.

5. cooperation and investment conditions.

6., the terms of delivery and time of service of the partners, and the terms of the performance bond.

The way of operation and management of the 7. cooperative enterprises, the method of distribution at the juncture, and the contents and methods of debt, responsibility and loss.

The financial and accounting systems adopted by the 8. cooperative enterprises, material purchase and sales methods, labor wages, labor management, labor insurance and so on.

The duration and termination of cooperation between the 9. parties.

This includes: the procedures and methods of dealing with property at the end of the term of cooperation, the procedures for liquidation, the liability for breach of contract, the way and procedure of dispute settlement, the text adopted in the contract text, and the conditions for the entry into force of the contract.

This is a contract for the establishment of a Sino foreign joint venture contract in China, XX X XXXX Co., Ltd., which is based on the principle of equality and mutual benefit, and has agreed to jointly invest in a Sino foreign joint venture in People's Republic of China, XX Province, in accordance with the principles of equality and mutual benefit, and in accordance with the law of the People's Republic of China on Sino foreign joint ventures and relevant laws and regulations of China. A kind of

Second chapters of the joint venture, the first part of this contract is: the XX factory of XX province (hereinafter referred to as Party A): registered in X City, XX Province, China, its legal address is XXX Road, XX Road, XX country, X.

Legal representative: XXX duty: the director's Nationality: China XXXX company (hereinafter referred to as Party B): registered in XX country, its legal address is XX XX, China's XX city.

Legal representative: XXX duty: the nationality of the general manager: the third chapter of XX, the establishment of the joint venture company, the second party A and B, and the two parties agree to establish joint venture camp XX Co., Ltd. (hereinafter referred to as the joint venture company) within the territory of China according to the law of the People's Republic of China on Sino foreign joint ventures and relevant provisions of China.

The third joint venture company's name is XX limited.

The foreign language name of the joint venture company is XXXXX.

The legal address of the joint venture company is XX, XXX Road, XX City, China.

All activities of the fourth joint venture companies must comply with the laws, decrees and relevant regulations of the People's Republic of China.

The fifth joint venture company's organizational form is limited liability company. The two party and Party B bear the responsibility for the debts of the joint venture company on the basis of their respective capital contributions. The parties share profits and share risks and losses in proportion to their capital contribution in the registered capital.

The fourth chapter is about the purpose, scope and scale of production and operation. The purpose of the joint production and operation of the Sixth Party A and B is to adopt international advanced technology and equipment, advanced processing technology, enhance competitiveness in the international market in terms of quality and price, expand export earnings and increase economic benefits, so as to achieve satisfactory economic benefits for both parties.

The scope of production and operation of the seventh joint ventures is: 1. production and operation.

2. of the products are servicing after sales.

3. research and development of new products and technologies.

The scale of production of the eighth joint venture companies is as follows: (according to the actual situation), the total investment in the fifth chapter and the registered capital are sixth. The total investment of the joint venture company is XX million, and the details are listed in Annex I.

The total amount of investment of the Seventh Party A and B is XX million, which is the registered capital of the joint venture company.

　　第八條　甲、乙雙方出資方式：　甲方：現金＿＿＿＿元　　　　機械設備＿＿＿＿元　　　　廠房＿＿＿＿元　　　　土地使用權＿＿＿＿元　　　　工業產權＿＿＿＿元　　　　其他＿＿＿＿元　　共＿＿＿＿元　乙方：現金＿＿＿＿元　　　　機械設備＿＿＿＿元　　　　工業產權＿＿＿＿元　　　　其他＿＿＿＿元　　共＿＿＿＿元　（注：以實物工業產權作為出資時，甲、乙雙方應另行訂立合同，作為本合同的組成部分）　　第十二條　合營公司注冊資本由甲、乙方按其出資比例分＿＿期繳付，每期繳付的數額如下：（注：按具體情況寫）　　第十三條　甲、乙任何一方如轉讓其全部或部分出資額，須經另一方同意，并報原審批機構批準，一方轉其全部或部分出資額時另一方有優先購買權。

The sixth chapter is the responsibility of the parties to the joint venture. Fourteenth Party A and B two parties are responsible for the following matters.

The responsibility of Party A is that: 1., we should apply for approval, registration and business license for the establishment of a joint venture company to the competent authorities in China.

2., the design and construction of the new plant and other engineering facilities of the joint venture company shall be organized.

3., assist in handling the pportation of imported equipment in China.

4., we should purchase equipment, materials, raw materials, office equipment, pportation and communication facilities in China.

5. implementation of infrastructure such as water, electricity and pportation.

6. recruit local Chinese managers, technicians, workers and other personnel.

7. is responsible for providing Party B with a list of imported equipment.

8. is responsible for handling other matters entrusted by the joint venture company.

The responsibility of Party B is: 1., according to the eleventh provision, cash is provided and the equipment imported from the joint venture company is shipped to China.

2., the company is entrusted to purchase machinery and equipment, pportation, office communication facilities, spare parts and other related matters outside China.

3. is responsible for overseas equipment and technical information and price consultation, and is responsible for other matters entrusted by the joint venture company.

The seventh chapter is the product sales, the fifteenth products of the joint venture company are sold on the domestic and foreign markets, the export accounts for X%, and the domestic sales account for X%.

The export business of the sixteenth joint venture companies is: the export of 1. joint ventures, the joint venture company's self export x%, domestic sales x%; Xun 2.; the joint venture company entrusts Party B to export X.%; the 3. part of the joint venture company may also entrust other parts of the foreign trade company to export, and the principle of the internal and export sale price of the joint venture company shall be determined by the board of directors; and the 4. foreign products sold by the joint venture company shall be returned to the joint venture by the foreign exchange products exported by the joint venture entrusted by other foreign trade enterprises.

Seventeenth domestic products are sold directly by the joint venture company in China.

The eighth chapter of the board of directors, the eighteenth day of registration of the joint venture company, is the date of establishment of the board of directors of the joint venture company.

The nineteenth board of directors is composed of a dozen directors, of whom Party A is assigned to be named and Party B is appointed.

The chairman and vice chairmen may be elected by the board of directors or elected by the board of directors, and may be re elected.

Board members may also serve as general managers, deputy general managers and other senior management positions of joint ventures.

The twentieth board of directors is the supreme authority of the joint venture company, deciding all the important matters of the joint venture company.

For major problems, such as the modification of the articles of association of the joint venture company, termination and dissolution of the joint venture company, merger of the registered capital of the joint venture company, and business decision, etc., the decision shall be made without any unanimous approval.

Other matters may be decided by majority.

The twenty-first chairman of the company is the legal representative of the joint venture company. If the chairman fails to perform his duties under other circumstances, he may temporarily authorize the vice chairman or other directors to represent him.

The twenty-second board meetings shall be convened at least once a year. The chairman shall convene and preside over the meeting. After a proposal of 1 / 3 directors, a temporary meeting of the board of directors may be convened, and the minutes of the meeting shall be kept.

The ninth chapter is the operation and management organization of the twenty-third chapters of the joint venture company, which is responsible for the daily production and management of the company.

There are 1 general managers in the management department, and the establishment of deputy general managers shall be decided by the board of directors.

The general manager and deputy general managers shall be appointed by the board of directors for a term of 10 years.

The responsibilities of the twenty-fourth general managers are to carry out resolutions of the board meeting, organize and direct the daily production and management of the joint venture company, and the deputy general manager assists the general manager in his work.

A number of department managers may be set up by the management and management organizations. Representatives of Party A and Party B can send representatives to participate in the management of enterprises. They are responsible for the work of all departments of the enterprise, handle matters entrusted by the general manager and deputy general managers, and are responsible to the general manager.

In order to strengthen the domestic and foreign trade of the joint venture, the joint venture company can set up branches in Shenzhen, Hongkong and other countries and regions in the world to handle business and sales business. The twenty-fifth article is to establish branch offices in Shenzhen, Hongkong and other countries and regions in the world.

The specific method shall be decided by the board of directors.

Twenty-sixth general managers or deputy general managers and other senior management personnel are incompetent or malfeasant or seriously dereliction of duty. They may be changed at any time by the board meeting.

In the tenth chapter, the equipment and materials purchased are twenty-seventh, and the materials, fuel, fittings and office supplies of the joint venture are mostly purchased in China.

Mining equipment, pport equipment, part of the pport and office communications equipment purchased overseas.

Twenty-eighth joint venture companies are responsible for purchasing equipment abroad.

However, the economic and technical indicators such as the advanced nature, adaptability, matching equipment, price rationality and quality reliability of the equipment are determined by the two party A and B after full consultation.

The eleventh chapter of labor management: labor management, labor management, recruitment, recruitment, dismissal, wages, labor insurance, life benefits and rewards and punishments, etc. in accordance with the regulations on labor management of Sino foreign joint ventures in People's Republic of China and its implementation measures, the board of directors has studied and formulated plans for reporting to the local management departments for the record of the twenty-ninth chapters.

The appointment and wages, social insurance, welfare and travel expenses of the senior managers recommended by the thirtieth Party A and B two party shall be discussed and decided by the board of directors.

The wages of retired retirees of Party A