Administrative Measures for the Establishment of Partnership Enterprises in China by Foreign Enterprises or Individuals
Administrative Measures for the Establishment of Partnership Enterprises in China by Foreign Enterprises or Individuals
Administrative Measures for the Establishment of Partnership Enterprises in China by Foreign Enterprises or Individuals
Order of the State Council of the People's Republic of China No. 567
November 25, 2009
The Administrative Measures for the Establishment of Partnership Enterprises in China by Foreign Enterprises or Individuals, which were adopted at the 22nd executive meeting of the State Council on August 19, 2009, are hereby promulgated and shall come into force on March 1, 2010.
Premier Wen Jiabao
Administrative Measures for the Establishment of Partnership Enterprises in China by Foreign Enterprises or Individuals
Article 1 In order to standardize the establishment of partnership enterprises in China by foreign enterprises or individuals, enable foreign enterprises or individuals to invest in China by establishing partnership enterprises, and promote economic cooperation and technical exchange, these Measures are hereby promulgated in accordance with the Partnership Enterprise Law of the People's Republic of China (hereinafter referred to as the Law on Partnership Enterprises).
Article 2 The term "establishment of partnership enterprises in China by foreign enterprises or individuals" as used in these Measures shall refer to the establishment of partnership enterprises in China by two or more foreign enterprises or individuals and to the establishment of partnership enterprises in China by foreign enterprises or individuals jointly with domestic individuals, legal persons, and other organizations.
Article 3 Foreign enterprises or individuals shall, when establishing partnership enterprises in China, abide by the provisions of the Law on Partnership Enterprises and other relevant laws, administrative rules and regulations, and shall comply with industrial policies on foreign investment.
The lawful rights and interests of foreign enterprises and individuals shall be protected by law when they establish partnership enterprises in China.
The state shall encourage foreign enterprises or individuals with advanced technology and management expertise to establish partnership enterprises in China and promote the development of a modern service industry and other industries.
Article 4 The currencies used for investments made by foreign enterprises or individuals shall be convertible foreign currencies or lawfully obtained Renminbi.
Article 5 Foreign enterprises or individuals shall, when establishing partnership enterprises in China, apply for registration of establishment with the local administrative department for industry and commerce authorized by the administrative department for industry and commerce under the State Council (hereinafter referred to as the enterprise registration authorities) through the delegate jointly appointed by or the agent jointly entrusted by all the partners.
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