中外合作经营合同格式(附英文)标准版本
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英文版中外合作经营合同范本6篇篇1CONTRACT OF COOPERATION FOR BUSINESS OPERATION BETWEEN CHINESE AND FOREIGN PARTIES合同编号:_____________甲方(中方):________________________乙方(外方):________________________一、合同目的和合作方式二、合作期限The term of this cooperation shall be from the date of signing this Contract until the date of expiration as specified in the Articles of Association of the joint venture company,with a duration of _______ (年数)years.三、投资与股权分配Party A shall contribute _______ (货币及金额)as cash investment,while Party B shall contribute _______ (货币及金额). The equity distribution shall be in accordance with the actual investment ratio,with Party A holding ___% equity and Party B holding ___% equity in the joint venture company.四、业务范围和利润分配The business scope of the joint venture company shall include but not be limited to the research,development,production,sales,and marketing of products related to the aforementioned industry field. The profit distribution shall be based on the actual equity distribution and determined by the Board of Directors in accordance with the Company’s Articles of Association and relevant laws and regulations.五、管理结构The management structure of the joint venture company shall be established in accordance with Chinese laws and regulations. The Board of Directors shall be comprised of representatives from both parties,with equal representationand decision-making power. The General Manager shall be appointed by Party B,subject to approval by the Board of Directors.六、技术转让与保密义务Party B shall transfer necessary technology to the joint venture company for the operation of the business. Both parties shall undertake confidentiality obligations towards any confidential business information that they may learn during their collaboration. Any disclosure of confidential information shall be subject to mutual consent or as required by law.七、风险承担与违约处理Both parties shall bear risks associated with the operation of the business equally. If any party fails to perform its obligations under this Contract or breaches any provision,thenon-breaching party shall be entitled to claim compensation for any losses incurred. If such breach is material and cannot be rectified,the non-breaching party may terminate this Contract and claim compensation for any losses.八、争议解决与法律适用Any disputes arising from or in connection with this Contract shall be settled through friendly negotiation between both parties. If negotiation fails,such disputes shall be submitted to China International Economic and Trade Arbitration Commission for arbitration which shall be conducted in accordance with its arbitration rules in effect at that time. The place of arbitration shall be _______ (仲裁地点). This Contract shall be governed by laws of China.九、合同的变更与终止Contract modification or termination must be agreed upon by both parties and documented in writing. Any modification shall be subject to approval by relevant authorities as required by Chinese laws and regulations. Upon expiration or termination of this Contract,all assets and liabilities of the joint venture company shall be disposed in accordance with its Articles of Association and relevant laws and regulations.篇2CONTRACT OF COOPERATION FOR BUSINESS OPERATION BETWEEN CHINESE AND FOREIGN PARTIES本合同由以下双方签订:Party A: [甲方名称](以下简称甲方)Party B: [乙方名称](以下简称乙方)一、前言:甲乙双方本着平等互利的原则,通过友好协商,决定共同合作经营XX项目。
中外合作经营合同格式(英文)6篇篇1Sino-Foreign Cooperative Business ContractThis Sino-Foreign Cooperative Business Contract (hereinafter referred to as the "Contract") is made and executed on [Date] by and between [Chinese Company Name] (hereinafter referred to as "the Chinese Party"), and [Foreign Company Name] (hereinafter referred to as "the Foreign Party").Article 1: Contract ObjectiveThe objective of this Contract is to establish a cooperative business venture in the field of [specify business field] through the joint efforts of the Chinese Party and the Foreign Party.Article 2: Formation of the Cooperative Enterprise2.1 The cooperative enterprise shall be established under the name of "[Company Name]" (hereinafter referred to as "the Enterprise").2.2 The Enterprise shall be registered in accordance with the laws of [Country/Region], and its registered office shall be located at [Address].Article 3: Scope of BusinessThe scope of business of the Enterprise shall include [specify business activities].Article 4: Investment and Ownership4.1 The Chinese Party shall contribute [specify investment amount and form] as its investment.4.2 The Foreign Party shall contribute [specify investment amount and form] as its investment.4.3 Ownership structure and distribution of shares shall be in accordance with the laws of [Country/Region] and the decisions made by the Board of Directors.Article 5: Management5.1 The Board of Directors shall be the highest authority of the Enterprise, consisting of representatives from both parties.5.2 Day-to-day management shall be conducted by a management team appointed by the Board of Directors.Article 6: Operation and Management6.1 The Enterprise shall follow the principles of lawfulness, integrity, fairness, and transparency in its operation and management.6.2 Both parties shall jointly participate in major decisions related to the operation and development of the Enterprise.Article 7: Financial Affairs7.1 The financial affairs of the Enterprise shall be managed in accordance with the applicable laws and regulations.7.2 Both parties shall contribute capital in accordance with their respective shareholding ratios.7.3 Annual financial statements and audit reports shall be prepared and submitted to the Board of Directors for approval.Article 8: Joint Ventures and Collaborations8.1 Neither party shall enter into any joint ventures or collaborations without the consent of the other party, except in cases where such collaborations are necessary for the operation of the Enterprise.8.2 Any collaborations that may affect the interests of the Enterprise shall be subject to approval by the Board of Directors.Article 9: Intellectual Property9.1 All intellectual property rights generated during the operation of the Enterprise shall be owned by the Enterprise, unless otherwise agreed by both parties.9.2 Both parties shall respect and protect each other's intellectual property rights and confidential information.Article 10: Term and Termination10.1 The term of this Contract shall be [specify term].10.2 Either party may terminate this Contract in accordance with the provisions of Article [specify article number] if there is a material breach by the other party.Article 11: Miscellanea篇2Sino-Foreign Cooperative Business ContractThis Sino-Foreign Cooperative Business Contract (hereinafter referred to as the "Contract") is made and executed on [Date] by and between [Chinese Company Name] (hereinafter referred to as "the Chinese Party"), and [Foreign Company Name] (hereinafter referred to as "the Foreign Party").Article 1: Contract ObjectiveThe objective of this Contract is to establish a cooperative business venture in the field of [specify business field].Article 2: Capital Contribution2.1 The Chinese Party shall contribute [specify amount] of capital, while the Foreign Party shall contribute [specify amount].2.2 The capital contribution shall be made within [specify timeframe].Article 3: Management Structure3.1 The cooperative enterprise shall establish a board of directors consisting of representatives from both parties.3.2 The board shall be responsible for major decisions and monitoring the management team.Article 4: Operation and Management4.1 The cooperative enterprise shall be operated and managed in accordance with the principles of unity, cooperation, mutual benefit, and in compliance with laws and regulations of both China and the foreign country.4.2 The management team shall ensure smooth operation and ensure profits are distributed in accordance with the agreed ratio.Article 5: Profit Distribution5.1 Profits shall be distributed in accordance with the agreed ratio between the Chinese Party and the Foreign Party.5.2 Any losses incurred shall be shared by both parties in proportion to their respective capital contributions.Article 6: Term of Contract6.1 The term of this Contract shall be [specify duration] years, commencing on the date of establishment of the cooperative enterprise and ending on the expiration date.6.2 The Contract may be renewed upon mutual agreement.Article 7: Rights and Obligations of Parties7.1 The parties shall have the rights and obligations stipulated in this Contract in relation to the cooperative enterprise.7.2 Each party shall comply with its responsibilities regarding capital contribution, management, operation, and profit distribution.Article 8: Termination of Contract8.1 This Contract may be terminated by mutual agreement or in accordance with laws and regulations.8.2 In case of termination, all assets and liabilities shall be distributed/settled in accordance with the agreed terms.Article 9: Miscellanea9.1 All disputes arising from or in connection with this Contract shall be resolved through negotiation. If no settlement is reached, the dispute shall be submitted to [specify dispute resolution mechanism].9.2 This Contract shall be governed by the laws of [specify jurisdiction].9.3 Any amendments or modifications to this Contract shall be made in writing and signed by both parties.9.4 This Contract is made in both Chinese and English, both versions being equally authentic.The Chinese Party and the Foreign Party have read and fully understand the terms of this Contract and agree to be bound by its provisions. They hereby sign this Contract to witness their mutual commitment.篇3Sino-Foreign Cooperative Business ContractThis Sino-Foreign Cooperative Business Contract (hereinafter referred to as the "Contract") is made and executed on [Date] by and between [Chinese Company Name] (hereinafter referred to as "the Chinese Party"), and [Foreign Company Name] (hereinafter referred to as "the Foreign Party").Article 1: Contract ObjectiveThe objective of this Contract is to establish a cooperative business venture in the field of [specify field/industry] through the joint efforts of the Chinese Party and the Foreign Party.Article 2: Venture Name and LocationThe cooperative venture shall be named "[Cooperative Venture Name]" and its registered office shall be located at [Address].Article 3: Scope of BusinessThe scope of business shall include the following: [enumerate the business activities of the cooperative venture].Article 4: Investment and Ownership1. The Chinese Party shall contribute [specify investment amount] as its investment, while the Foreign Party shall contribute [specify investment amount].2. The ownership structure and distribution of profits or losses shall be in accordance with the proportion of investments.Article 5: Management Structure1. The cooperative venture shall establish a board of directors composed of representatives from both parties.2. The board shall have overall responsibility for the management of the venture.3. The day-to-day operations shall be managed by a management team nominated by the board.Article 6: Operation TermThe term of this Contract shall be [specify duration] years, commencing on the date of establishment of the cooperative venture and expiring on the expiration date.Article 7: Capital Contribution1. Each party shall contribute its capital in accordance with the agreed schedule.2. Any additional capital required for the operation or expansion of the venture shall be jointly contributed by both parties in proportion to their ownership.Article 8: Management of Joint VenturesBoth parties shall work together to manage the venture, make major decisions, and ensure smooth operation.Article 9: Accounting and Audit1. The venture shall maintain proper accounting records in accordance with applicable laws and regulations.2. Annual audits shall be conducted by an independent auditor appointed by mutual agreement.Article 10: Intellectual PropertyAll intellectual property developed during the operation of the venture shall be owned jointly by both parties in proportion to their ownership interests.Article 11: Contract Amendment and TerminationAny amendment or termination of this Contract must be agreed upon by both parties in writing.Article 12: Force MajeureIf any event of force majeure occurs, the affected party shall notify the other party immediately and both parties shall work together to resolve any issues arising from such event.Article 13: Dispute ResolutionAny dispute arising from or in connection with this Contract shall be resolved through friendly consultation. If no settlement can be reached, the dispute may be submitted to [specify dispute resolution mechanism/仲裁机构].Article 14: MiscellaneousThis Contract constitutes the entire agreement between the parties and no modification or alteration shall be valid unless made in writing and signed by both parties.IN WITNESS WHEREOF, the parties have executed this Contract on the date specified above.篇4Sino-Foreign Cooperative Business ContractThis Sino-Foreign Cooperative Business Contract (hereinafter referred to as the "Contract") is made and executed on [Date] by and between [Chinese Company Name] (hereinafterreferred to as "the Chinese Party"), and [Foreign Company Name] (hereinafter referred to as "the Foreign Party").Article 1: Contract ObjectiveThe objective of this Contract is to establish a cooperative business venture in the field of [specify business field] through the joint efforts of the Chinese Party and the Foreign Party.Article 2: Cooperative VentureThe cooperative venture shall be named [Name of Cooperative Venture] and registered in [Location of Registration].Article 3: Investment and Ownership1. The Chinese Party shall contribute [specify investment amount] as initial capital, while the Foreign Party shall contribute [specify investment amount].2. Ownership structure and distribution of profits shall be in accordance with the investment ratio.Article 4: Scope of BusinessThe scope of business shall include [specify business activities]. The parties may expand or adjust the scope of business with mutual consent.Article 5: Management Structure1. The cooperative venture shall establish a board of directors consisting of representatives from both parties.2. The board shall determine the major policies and plans of the venture.Article 6: Operation and Management1. Day-to-day operation and management shall be entrusted to a management team nominated by the board of directors.2. Both parties shall appoint personnel to key positions within the management team.Article 7: Financial Arrangements1. The financial year of the cooperative venture shall be from [Start Date] to [End Date].2. Each party shall bear their respective expenses incurred in connection with the venture.3. The venture shall prepare annual financial statements and submit them to both parties for review.Article 8: Profit DistributionProfits shall be distributed in accordance with the ownership ratio, after deducting necessary expenses and reserves.Article 9: Term of ContractThe term of this Contract shall be [specify duration], with an option for renewal upon mutual agreement.Article 10: TerminationThis Contract may be terminated under the following circumstances: [list termination conditions].Article 11: Intellectual PropertyAll intellectual property developed during the course of this venture shall be owned by the venture, unless otherwise agreed by both parties.Article 12: ConfidentialityBoth parties shall maintain confidentiality regarding all confidential information related to the venture.Article 13: Force MajeureIf either party is unable to perform its obligations due to force majeure, the other party shall be notified in a timely manner.Article 14: Dispute ResolutionAny disputes arising from this Contract shall be resolved through friendly negotiation. If negotiation fails, the dispute shall be submitted to [specify arbitration institution] for arbitration.Article 15: Miscellaneous篇5Sino-Foreign Cooperative Operation ContractContract No. [••••••••]This Sino-Foreign Cooperative Operation Contract (hereinafter referred to as the "Contract") is made by and between [the中方全称], a legal entity registered in China (hereinafter referred to as "Party A"), and [外方全称], a legal entity duly organized under the laws of [外方所在国名称] (hereinafter referred to as "Party B"), wherein the following terms and conditions are agreed upon:Article 1: Contract ObjectiveThe objective of this Contract is to establish a cooperative enterprise through joint operation by Party A and Party B, for the purpose of [合作目的及合作业务范围].Article 2: Term of ContractThe term of this Contract shall be from the date of signing this Contract to [合同到期日期]. The Contract shall be automatically renewed unless either Party gives a written notice of termination at least [提前通知时长] months prior to the expiration date.Article 3: Investment and Capital Contribution1. Party A shall contribute [金额] in cash, while Party B shall contribute [金额] in cash or kind, including technology, equipment, patents, etc. The details of capital contributions shall be specified in the supplementary agreement.2. The investment shall be made within [指定时间] upon the signing of this Contract.Article 4: Operation Management1. The cooperative enterprise shall be managed by a board of directors consisting of representatives from both Parties. The board shall have the power to make major decisions on matters pertaining to the enterprise.2. The day-to-day management shall be entrusted to a general manager appointed by Party A with the approval of Party B.Article 5: Profit Distribution and Risk Sharing1. Profits earned during the operation shall be distributed in accordance with the investment ratio of both Parties. However, any distribution plan requires approval by both Parties before implementation.2. Risks incurred during operation shall be borne by both Parties in proportion to their respective contributions to the capital.Article 6: Technical Matters1. Party B shall provide necessary technical support and training to ensure smooth operation of the enterprise.2. Technical improvements and new technology developed during the operation shall be owned by both Parties jointly in proportion to their contributions to the development process.Article 7: TaxationThe cooperative enterprise shall pay taxes in accordance with the tax laws of China and other relevant regulations. The taxrate and payment method shall be specified in the supplementary agreement.Article 8: Contract TerminationIn case of any termination of this Contract due to reasons beyond the control of either Party, such as force majeure events, the assets and debts of the cooperative enterprise shall be distributed in accordance with Article 5 of this Contract.Article 9: Miscellaneous1. Any amendment or modification to this Contract must be approved by both Parties in writing.2. This Contract shall be governed by and construed in accordance with the laws of China. Any dispute arising out of or in connection with this Contract shall be settled through friendly negotiation between both Parties. If negotiation fails, such disputes shall be submitted to [指定仲裁机构] for arbitration.3. This Contract is made in both Chinese and English languages, with equal validity in both languages. In case of any discrepancies, the Chinese version shall prevail.4. This Contract becomes effective upon being signed and sealed by both Parties and shall be registered with relevant authorities within China.The parties hereby agree to all terms and conditions stated above.Party A: [中方签字盖章]Date: [日期]Signature: [签名] (Stamp) [盖章]Party B: [外方签字盖章]Date: [日期]篇6Sino-Foreign Cooperative Business ContractThis Sino-Foreign Cooperative Business Contract (hereinafter referred to as the "Contract") is made and executed on [Date] by and between [Chinese Company Name] (hereinafter referred to as "the Chinese Party"), and [Foreign Company Name] (hereinafter referred to as "the Foreign Party").Article 1: Contract ObjectiveThe objective of this Contract is to establish a cooperative business venture in the field of [specify business field or industry] through the joint efforts of the Chinese Party and the Foreign Party.Article 2: Scope of Cooperation1. The parties shall cooperate in the areas of [list specific areas of cooperation, such as product development, marketing, technology transfer, etc.].2. The cooperative enterprise shall be established in [location].Article 3: Investment and Ownership1. The Chinese Party shall contribute [specify investment amount and form] as its investment.2. The Foreign Party shall contribute [specify investment amount and form] as its investment.3. Ownership structure and distribution of profits shall be in accordance with the laws of [specify country/region].Article 4: Management Structure1. The cooperative enterprise shall establish a board of directors consisting of representatives from both parties.2. The board shall have overall responsibility for the management of the enterprise.3. Day-to-day operations shall be managed by a management team appointed by the board.Article 5: Operation and Management1. The cooperative enterprise shall be operated in accordance with the laws and regulations of [specifycountry/region].2. Both parties shall work together to ensure smooth operation and development of the enterprise.3. Management decisions shall be made through consultation and mutual agreement.Article 6: Profit Distribution and Risk Sharing1. Profits shall be distributed in accordance with the agreed ownership structure.2. Risks shall be shared in proportion to the investments made by both parties.Article 7: Technology Transfer and Intellectual Property1. The Foreign Party may transfer necessary technology to the cooperative enterprise.2. All intellectual property rights arising from the cooperation shall be owned by the cooperative enterprise unless otherwise agreed.Article 8: Contract Duration and Termination1. This Contract shall be valid for a period of [specify duration].2. Either party may propose termination of the Contract with cause after due consultation.3. Upon termination, assets and liabilities shall be distributed in accordance with the laws and this Contract.Article 9: Force MajeureIn case of force majeure events, both parties shall strive to resolve the issues and continue cooperation through consultation.Article 10: Miscellanea1. Any amendments to this Contract must be agreed upon by both parties in writing.2. This Contract shall be governed by the laws of [specify country/region].3. Any disputes arising from this Contract shall be resolved through friendly consultation between both parties. If no settlement can be reached, the dispute may be submitted to [specify arbitration institution or court] for resolution.。
中外合作经营合同格式(英文)4篇篇1Sino-Foreign Joint Venture ContractThis Agreement is made on [date], between [Party A], a corporation organized and existing under the laws of [Country A], having its principal place of business at [address], and [Party B], a corporation organized and existing under the laws of the People's Republic of China, having its principal place of business at [address].Whereas, the Parties intend to establish a joint venture in [Country B] for the purpose of [brief description of the joint venture business];Now therefore, the Parties agree as follows:1. Formation of Joint Venture: The Parties shall establish a joint venture company under the laws of [Country B] for the purpose of conducting the business of [description of business activities].2. Shareholding: The shareholding structure of the joint venture company shall be [specific percentage] owned by Party A and [specific percentage] owned by Party B.3. Management: The management of the joint venture company shall be conducted by a Board of Directors consisting of [number] members, with Party A appointing [number] members and Party B appointing [number] members.4. Capital Contribution: Party A shall contribute [amount] as its initial capital contribution, and Party B shall contribute [amount] as its initial capital contribution. The capital contribution shall be made within [timeframe] of the establishment of the joint venture company.5. Profit Distribution: Profits and losses of the joint venture shall be distributed in proportion to each Party's shareholding in the joint venture company.6. Term: The term of the joint venture shall be [specific number] years, unless terminated earlier pursuant to the terms of this Agreement.7. Termination: This Agreement may be terminated by mutual agreement of the Parties or in accordance with the termination provisions set forth in this Agreement.8. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [Country B].9. Dispute Resolution: Any dispute arising out of or in connection with this Agreement shall be resolved through mediation, and if not resolved, through arbitration in accordance with the rules of the [specify arbitration institution].IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.[Party A]By: _______________________Name: _______________________Title: _______________________[Party B]By: _______________________Name: _______________________Title: _______________________This Sino-Foreign Joint Venture Contract is entered into as of the date first above written by the Parties in duplicate, each Party retaining one copy.[Signature page follows]篇2Joint Venture AgreementThis Joint Venture Agreement (the “Agreement”) is made on this [insert date] between [insert name of the Chinese party], a company organized and existing under the laws of the People’s Republic of China, having its principal place of business at [insert address], and [insert name of the foreign party], a company organized and existing under the laws of [insert foreign country], having its principal place of business at [insert address] (together, the “Parties”).WHEREAS, the Parties desire to jointly establish a joint venture (the “Joint Venture”) to engage in the business of [insert business purpose];NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:1. Establishment of Joint Venture: The Parties shall establish the Joint Venture in accordance with the laws of the People’s Republic of China. The business name of the Joint Venture shallbe [insert business name] and it shall have its registered office at [insert address].2. Contribution of Capital: Each Party shall contribute to the Joint Venture an amount of capital as set forth in Schedule A hereto. The Parties shall make their respective contributions on or before [insert date].3. Management: The management and operation of the Joint Venture shall be conducted by a Board of Directors composed of [insert number] directors, with each Party nominating an equal number of directors. The Board of Directors shall make decisions by unanimous consent.4. Profits and Losses: Profits and losses of the Joint Venture shall be shared by the Parties in proportion to their respective capital contributions.5. Term: The term of this Agreement shall be [insert number] years from the date of establishment of the Joint Venture, unless terminated earlier as provided herein.6. Termination: This Agreement may be terminated upon the occurrence of any of the following events: (a) by mutual agreement of the Parties; (b) by a decision of the Board ofDirectors with unanimous consent; (c) by operation of law; or (d) by court order.7. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the People’s Republic of China.IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first above written.[Name of Chinese Party] [Name of Foreign Party]By:____________________ By:____________________Title:__________________ Title:__________________Schedule ACapital Contributions[Insert capital contributions of each Party]This Joint Venture Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, relating to such subject matter. This Agreement may be modified or amended only by a written instrument executed by both Parties.篇3Joint Venture Agreement TemplateThis Joint Venture Agreement (“Agreement”) is entered into on [Date], by and between [Company Name], a [Country] company having its principal place of business at [Address] (“Company A”), and [Company Name], a [Country] company having its principal place of business at [Address] (“Company B”).Whereas, the parties hereto desire to enter into a joint venture arrangement for the purpose of [Purpose of Joint Venture], and wish to set forth the terms and conditions by which the Joint Venture shall be conducted;Now, therefore, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows:1. Formation of Joint Venture: The parties agree to establisha joint venture entity under the name [Joint Venture Company] for the purpose of [Purpose of Joint Venture].2. Capital Contribution: Each party shall contribute [Amount or Percentage] of the initial capital required for the establishment of the joint venture in the form of cash or assets.3. Management: The management of the joint venture shall be conducted by a Board of Directors comprised of [Number] members, with each party appointing [Number] representatives to the Board.4. Distribution of Profits and Losses: Profits and losses of the joint venture shall be distributed in accordance with the capital contributions of each party, unless otherwise agreed upon in writing.5. Intellectual Property: Any intellectual property created or developed by the joint venture shall be jointly owned by the parties in accordance with their respective contributions.6. Confidentiality: The parties agree to keep confidential all information related to the joint venture and not to disclose such information to third parties without the prior written consent of the other party.7. Term and Termination: The joint venture shall commence on the date of this Agreement and shall continue for a period of[Term] unless terminated earlier by mutual agreement of the parties.8. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [Country].In witness whereof, the parties hereto have executed this Agreement as of the date and year first above written.[Company A] [Company B]By: By:[Name] [Name][Title] [Title]This Joint Venture Agreement, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, relating thereto.IN WITNESS WHEREOF, the parties hereto have executed this Joint Venture Agreement as of the date first above written.[Company A] [Company B]By: By:[Name] [Name][Title] [Title]篇4Sino-foreign Cooperative Management Contract1. PurposeThis Sino-foreign Cooperative Management Contract is entered into by and between [Chinese Company Name], hereinafter referred to as "Chinese Company", and [Foreign Company Name], hereinafter referred to as "Foreign Company", with the aim of establishing a cooperative management relationship for mutual benefit and development.2. Scope of Cooperation2.1 The Chinese Company and Foreign Company agree to cooperate in the field of [Specify the field of cooperation], including but not limited to production, marketing, technology exchange, and management.2.2 The specific rights and obligations of each party shall be detailed in a separate Cooperation Agreement.3. Term of ContractThis Contract shall be valid for a period of [Specify the duration] years, commencing on [Commencement Date] and terminating on [Termination Date].4. Obligations of the Parties4.1 The Chinese Company shall provide necessary facilities and resources for the cooperation, including but not limited to production equipment, personnel, and management support.4.2 The Foreign Company shall provide technical expertise, marketing knowledge, and financial support as necessary for the successful implementation of the cooperation.4.3 Both parties agree to abide by the laws and regulations of the countries in which they operate and to act in good faith towards each other.5. Management Structure5.1 The Chinese Company shall appoint a Management Committee to oversee the cooperation, which shall consist of representatives from both parties.5.2 The Management Committee shall meet regularly to discuss and resolve any issues that arise during the course of the cooperation.6. Intellectual Property Rights6.1 All intellectual property created during the course of the cooperation shall be jointly owned by both parties, unless otherwise agreed upon in writing.6.2 Any disputes concerning intellectual property rights shall be resolved through negotiation between the parties.7. Termination of Contract7.1 This Contract may be terminated by mutual agreement of the parties or in the event of a material breach by either party.7.2 Termination shall not affect the rights and obligations of the parties accrued prior to termination.In witness whereof, the parties hereto have caused this Contract to be executed by their duly authorized representatives.Chinese Company: ______________________Foreign Company: ______________________Date: ____________。
中外合作经营合同格式(英文)6篇篇1中外合作经营合同格式Foreign Joint Venture ContractThis Foreign Joint Venture Contract (“Contract”) is made and entered into as of [Date], by and between [Chinese Partner] with its principal place of business at [Address], China, and [Foreign Partner] with its principal place of business at [Address], [Country].WHEREAS, the Parties desire to establish a joint venture in China for the purpose of [Purpose of Joint Venture];WHEREAS, the Parties have agreed to cooperate in the establishment and operation of the joint venture in accordance with Chinese laws and regulations;NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and intending to be legally bound, the Parties agree as follows:1. Formation of Joint Venture1.1 The Parties agree to establish a joint venture company under the name of [Joint Venture Company] (“Company”), in accordance with Chinese laws and regulations.1.2 The registered address of the Company shall be at [Address].1.3 The Parties shall each contribute [Amount] to the registered capital of the Company in cash or in kind in proportion to their respective equity interests in the Company.1.4 The Parties shall hold equity interests in the Company in the following proportions: [Chinese Partner] [Percentage]% and [Foreign Partner] [Percentage]%.1.5 The Parties shall appoint [Number] of directors to the Board of Directors of the Company, with [Chinese Partner] appointing [Number] directors and [Foreign Partner] appointing [Number] directors.2. Management of Joint Venture2.1 The Parties shall establish a Management Committee to oversee the day-to-day operations of the Company, with [Chinese Partner] appointing [Number] members and [Foreign Partner] appointing [Number] members to the Management Committee.2.2 The Management Committee shall make decisions on matters relating to the operation and management of the Company in accordance with the laws of China and the Articles of Association of the Company.2.3 The Management Committee shall meet at least [Frequency] and decisions shall be made by a majority vote of the members present.3. Financial Arrangements3.1 The Parties shall establish a bank account in the name of the Company for the deposit and withdrawal of funds.3.2 The Parties shall be responsible for the allocation of profits and losses of the Company in proportion to their respective equity interests.3.3 The Company shall keep accurate and complete financial records in accordance with Chinese accounting standards and shall prepare and submit annual financial statements to the relevant authorities.4. Term and Termination4.1 This Contract shall commence on the date of registration of the Company and shall continue in effect unless terminated bymutual agreement of the Parties or in accordance with Chinese laws and regulations.4.2 In the event of termination of this Contract, the Parties shall cooperate in the liquidation of the Company and the distribution of assets in accordance with Chinese laws and regulations.IN WITNESS WHEREOF, the Parties hereto have executed this Contract as of the date first above written.[Chinese Partner] [Foreign Partner][Signature] [Signature][Name] [Name][Title] [Title]【注】本合同是一个很基础的中外合资合作的格式合同,实际情况中需要根据具体的事实来进行修改定制。
中外合作经营合同格式(中英文)4篇篇1Sino-Foreign Joint Venture Contract Template (Chinese and English)Article 1: PurposeThe purpose of this agreement is to establish a joint venture (JV) between a Chinese company and a foreign company for the purpose of cooperation in a specific industry or project.第一条:目的本协议的目的是为了在特定行业或项目中建立中外合作经营合资企业(JV)。
Article 2: Establishment of the Joint Venture1. The Chinese company and the foreign company each agree to invest a certain amount of funds or assets to establish the JV.2. The JV will be registered in accordance with Chinese laws and regulations.第二条:合资企业的建立1. 中方公司和外方公司各自同意投资一定数额的资金或资产成立JV。
2. JV将根据中国法律法规注册设立。
Article 3: Management Structure1. The JV will have a board of directors consisting of representatives from both the Chinese and foreign companies.2. The management of the JV will be jointly appointed by both parties.3. Decisions regarding major matters of the JV will require the consent of both parties.第三条:管理结构1. JV将设立由中外两家公司代表组成的董事会。
中外合作经营合同格式(英文)5篇篇1COOPERATION AND MANAGEMENT CONTRACTThis Cooperation and Management Contract (hereinafter referred to as the "Contract") is made and entered into by and between the parties listed below on [insert date]:Party A: [Name of Company A in English]Party B: [Name of Company B in English]PREAMBLEIn accordance with the principles of mutual respect, equality, mutual benefit and cooperation, the parties agree to jointly embark on this cooperative venture in accordance with the terms and conditions stipulated in this Contract.ARTICLE 1: SCOPE OF COOPERATIONThe parties agree to jointly carry out business operations in the field of [specify business field or industry].ARTICLE 2: REGISTERED CAPITAL AND SHAREHOLDING STRUCTUREThe total registered capital of the joint venture shall be an amount of ____. Party A shall contribute ___% while Party B shall contribute ___% of the total registered capital. The specific details shall be recorded in the joint venture company's Articles of Association.ARTICLE 3: BUSINESS OPERATIONS AND MANAGEMENTThe joint venture shall be managed according to the principles of economic democracy with the director-general in charge of daily operations and major decisions to be made by both parties.ARTICLE 4: PROFITS DISTRIBUTION AND RISK SHARINGProfits shall be distributed and risks shared based on the parties' respective shareholding structure. Details of profits distribution and risk sharing mechanisms shall be clearly stated in the company's financial regulations.ARTICLE 5: CONTRACT PERIOD AND TERMINATIONThe contract shall be valid for a period of __ years from the date of signing. Both parties may terminate the contract before its expiry if there is mutual consent or if any material breachoccurs by either party. Contract termination procedures shall be clearly defined in the contract.ARTICLE 6: INTELLECTUAL PROPERTYAll intellectual property rights arising from the joint venture's operations shall be owned by the joint venture company unless otherwise agreed by both parties. The parties shall also ensure that any technology, know-how or other intellectual property rights used in the joint venture are properly licensed or transferred.ARTICLE 7: CONFIDENTIALITY AND NON-COMPETITIONBoth parties shall maintain confidentiality of all confidential information related to the joint venture and shall not engage in any activities that are in competition with the joint venture during the term of this contract and for a reasonable period after its termination.ARTICLE 8: FORCE MAJEUREIn case of any event of force majeure resulting in inability to perform contractual obligations, the affected party shall promptly notify the other party and shall take reasonable measures to mitigate its effects. The period for performance of contractual obligations shall be extended accordingly.ARTICLE 9: DISPUTE RESOLUTIONAny dispute arising from or in connection with this Contract shall be settled through friendly consultation between both parties. If no settlement can be reached, such disputes may be submitted to [specify arbitration institution or court] for arbitration/settlement according to their rules. The arbitration/settlement award shall be final and binding on both parties.篇2Sino-Foreign Cooperative Operation ContractContract No. [填写合同编号]Date of Contract: [填写签订日期]BETWEEN:[中方公司/个人名称](Party A)and[外方公司/个人名称](Party B)1. RECITALS:Considering mutual advantages and through friendly consultation, Party A and Party B agree to jointly establish a cooperative business venture in the field of [描述合作领域].2. CONTRACT OBJECTIVE:To establish a cooperative business operation in the field of [具体业务或产品], for mutual benefits and development.3. TERM OF CONTRACT:The term of this Contract shall be [起始日期] to [终止日期], unless otherwise agreed upon by both parties.4. SCOPE OF COOPERATION:- [具体合作内容或业务范围](详细说明双方合作的业务内容和具体项目).- Expected profits and losses shall be shared by both parties in accordance with the agreed ratio.5. INVESTMENT AND OWNERSHIP:- Party A shall contribute [投资金额] in the form of [投资形式](如现金、设备、技术等).- Party B shall contribute [投资金额] in the form of [投资形式](如现金、技术、品牌等).- The ownership structure and management rights shall be clearly defined and agreed upon by both parties.6. MANAGEMENT AND OPERATION:- The cooperative enterprise shall be managed by a joint management committee consisting of representatives from both parties.- Decision making on major matters such as strategic planning, capital allocation, and personnel appointments shall require the approval of both parties.7. PROFIT DISTRIBUTION AND RISK SHARING:- Profits shall be distributed in accordance with the agreed ratio between Party A and Party B.- In case of losses, both parties shall share the risks in accordance with their respective investments.8. CONTRACT AMENDMENT AND TERMINATION:- Any amendment to this Contract must be approved by both parties in writing.- This Contract may be terminated upon mutual agreement or in case of breach by either party.9. INTELLECTUAL PROPERTY:- All intellectual property rights arising from the cooperative projects shall be owned by both parties jointly, unless otherwise agreed.10. GOVERNING LAW AND ARBITRATION:- This Contract shall be governed by the laws of [相关国家/地区].- Any dispute arising from this Contract shall be settled through friendly negotiation or arbitration in accordance with the laws specified above.11. MISCELLANEOUS:- Both parties shall strictly observe the confidentiality of this Contract and its contents.- This Contract is made in both Chinese and English, with equal validity. The Chinese version shall prevail in case of any discrepancies between the two versions.IN WITNESS WHEREOF, Party A and Party B have signed this Contract with their respective authorized representatives on the date specified above._____________________________ (Authorized Representative of Party A)(签字)_____________________________ (Date)_____________________________ (Authorized Representative of Party B)(签字)(Date)注:本合同仅为样本,实际合同应根据具体情况进行调整和完善。
中外合作经营合同英文版6篇篇1Sino-Foreign Cooperative Business Operation ContractThis Contract is entered into on [date] by and between [Chinese Party], a company organized and existing under the laws of the People's Republic of China, with its registered office at [address], hereinafter referred to as the Chinese Party, and [Foreign Party], a company organized and existing under the laws of [country], with its registered office at [address], hereinafter referred to as the Foreign Party.Whereas, the Chinese Party desires to enter into a cooperative business operation with the Foreign Party, and the Foreign Party has agreed to such cooperation, the Parties hereto hereby agree as follows:Article 1 Definitions1.1 "Cooperative Business Operation" means the joint operation of a business by the Chinese Party and the Foreign Party under this Contract.1.2 "Term" shall mean the term of this Contract, commencing on the Effective Date and expiring on [date], unless terminated earlier pursuant to the terms hereof.Article 2 Scope of Cooperation2.1 The Chinese Party and the Foreign Party shall cooperate in the operation of [description of business], including but not limited to [specific tasks and responsibilities].2.2 The Parties agree to fulfill their respective obligations and responsibilities under this Contract in good faith and with due diligence.Article 3 Capital Contribution3.1 The Chinese Party shall contribute RMB [amount] to the Cooperative Business Operation, while the Foreign Party shall contribute USD [amount] to the Cooperative Business Operation.3.2 The Parties shall bear all expenses incurred in connection with the operation of the Cooperative Business in proportion to their respective capital contributions.Article 4 Management4.1 The Chinese Party and the Foreign Party shall appoint [number] of representatives to serve on the management board of the Cooperative Business Operation.4.2 Decisions regarding the management and operation of the Cooperative Business Operation shall be made by a majority vote of the management board.Article 5 Profit Distribution5.1 Profits generated from the Cooperative Business Operation shall be distributed to the Chinese Party and the Foreign Party in proportion to their respective capital contributions.5.2 The Parties shall distribute profits on a [frequency] basis, with any profits retained by the Cooperative Business Operation to be reinvested in the business.Article 6 Confidentiality6.1 The Parties agree to keep all confidential information pertaining to the Cooperative Business Operation confidential and not disclose such information to any third party without the other Party's written consent.6.2 This confidentiality obligation shall survive the termination of this Contract.Article 7 Termination7.1 This Contract may be terminated by mutual agreement of the Parties or by either Party upon [number] days' written notice to the other Party.7.2 In the event of termination, the Parties shall liquidate the Cooperative Business Operation and distribute any remaining assets in accordance with the provisions of this Contract.Article 8 Governing Law8.1 This Contract shall be governed by and construed in accordance with the laws of the People's Republic of China.8.2 Any dispute arising out of or in connection with this Contract shall be settled through amicable negotiation between the Parties, and if not resolved, by arbitration in [city], in accordance with the rules of [arbitration organization].IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date first above written.[Chinese Party][Foreign Party](signature)(signature)(date)(date)篇2Sino-Foreign Joint Venture Operation ContractContract No.:Party A: [Name of the Chinese company], a company registered under the laws of the People's Republic of ChinaParty B: [Name of the foreign company], a company registered under the laws of [Country]Whereas, Party A is a company incorporated and existing under the laws of the People's Republic of China, engaged in [description of the business of Party A], and Party B is a company incorporated and existing under the laws of [Country], engaged in [description of the business of Party B];Whereas, both parties desire to establish a joint venture to operate [description of the business of the joint venture];Now, therefore, Party A and Party B agree as follows:1. Establishment of Joint Venture1.1 The parties hereby agree to establish a joint venture company, named [Name of the Joint Venture Company], to be registered and incorporated under the laws of the People's Republic of China.1.2 The business scope of the joint venture company shall be [description of the business of the joint venture company], in accordance with the applicable laws and regulations of the People's Republic of China.2. Capital Contribution2.1 Party A shall contribute [amount in Chinese Yuan] in cash as capital to the joint venture company.2.2 Party B shall contribute [amount in US Dollars] in cash as capital to the joint venture company.2.3 The total registered capital of the joint venture company shall be [total amount], with Party A and Party B holding [percentage] and [percentage] of the shares, respectively.3. Management3.1 The management of the joint venture company shall be conducted by a board of directors, consisting of [number] members, with [number] directors appointed by Party A and [number] directors appointed by Party B.3.2 The chairman of the board shall be appointed by Party A, and the general manager shall be appointed by Party B.4. Profit Distribution4.1 Profits and losses of the joint venture company shall be distributed in proportion to the shares held by Party A and Party B.4.2 The joint venture company shall distribute profits to its shareholders on a quarterly basis, in accordance with the financial statements prepared by the company.5. Term of the Contract5.1 This contract shall take effect upon the registration and incorporation of the joint venture company.5.2 The term of this contract shall be [number] years, unless terminated earlier by mutual agreement of the parties.In witness whereof, the parties have executed this contract on the date first above written.Party A: [Name and Signature]Party B: [Name and Signature]篇3Sino-Foreign Cooperative Joint Venture ContractThis Contract is entered into on the ______________ day of_____________, 20__, by and between:Party A: ______________________ (hereinafter referred to as “Chinese Party”), a corporation organized and existing under the laws of the People’s Republic of China, with its business address at _______________________.Party B: ______________________ (hereinafter referred to as “Foreign Party”), a corporation organized and existing under the laws of _______________________________________________, with its business address at _______________________.Whereas, the Chinese Party and the Foreign Party have agreed to establish a cooperative joint venture in accordance with the laws of the People’s Republic of China and to jointly operate a business venture; andWhereas, the parties have agreed on the terms and conditions of their cooperation, as set forth in this Contract.Now, therefore, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows:1. Establishment of Joint Venture1.1 The parties agree to establish a cooperative joint venture named “_______________________” (hereinafter referred to as “Joint Venture”) in accordance with the laws of the People’s Republic of China.1.2 The business scope of the Joint Venture shall be________________________.1.3 The registered capital of the Joint Venture shall be_______________________, of which the Chinese Party shall contribute __________ percent and the Foreign Party shall contribute __________ percent.2. Management of Joint Venture2.1 The management structure of the Joint Venture shall consist of a Board of Directors, with ____________ directors appointed by the Chinese Party and ____________ directors appointed by the Foreign Party.2.2 The Chairman of the Board of Directors shall be appointed by the Chinese Party, and the General Manager shall be appointed by the Foreign Party.2.3 Decisions of the Board of Directors shall be made by a majority vote, with the Chairman having the deciding vote in the event of a tie.3. Profit Sharing3.1 The profits of the Joint Venture shall be distributed in accordance with the respective contributions of the parties.3.2 Dividends shall be paid annually, with the amount to be determined by the Board of Directors.4. Term of Joint Venture4.1 The term of the Joint Venture shall be ____________ years, with the option to renew for an additional ____________ years upon mutual agreement of the parties.5. Termination of Joint Venture5.1 The Joint Venture may be terminated by mutual agreement of the parties, or by a decision of the Board of Directors in accordance with the laws of the People’s Republic of China.5.2 In the event of termination, the assets and liabilities of the Joint Venture shall be distributed in accordance with the respective contributions of the parties.6. Governing Law6.1 This Contract shall be governed by and construed in accordance with the laws of the People’s Republic of China.7. Miscellaneous7.1 This Contract constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.7.2 Any amendment to this Contract must be in writing and signed by both parties.IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date first above written.____________________________________________________________[Chinese Party][Foreign Party]篇4Sino-Foreign Cooperative Operation ContractThis Agreement is entered into on [date] between [Chinese company name], a company registered in [China] with its principal place of business at [address], hereinafter referred to as the "Chinese party", and [Foreign company name], a company registered in [country] with its principal place of business at [address], hereinafter referred to as the "Foreign party".WHEREAS, the Chinese party desires to cooperate with the Foreign party in the operation of [describe the business], and the Foreign party agrees to enter into this Agreement on the terms set forth below.1. Scope of CooperationThe Chinese party and the Foreign party agree to jointly operate the [describe the business] in [location]. The parties shall share the profits and losses of the project in proportion to their respective contributions.2. Contributions2.1 The Chinese party shall contribute [amount] in cash and [description of other contributions] to the project.2.2 The Foreign party shall contribute [amount] in cash and [description of other contributions] to the project.3. Management3.1 The Chinese party shall appoint [name] as the Chief Executive Officer of the project, who shall have the authority to make all decisions relating to the operations of the project.3.2 The Foreign party shall appoint [name] as the Chief Financial Officer of the project, who shall be responsible for all financial matters.4. Sharing of Profits and Losses4.1 The parties agree to share the profits and losses of the project in proportion to their respective contributions.4.2 Any profits shall be distributed to the parties on a quarterly basis.5. ConfidentialityThe parties agree to keep all information related to the project confidential and not to disclose it to any third party without the prior written consent of the other party.6. Term and Termination6.1 This Agreement shall be effective as of the date of signing and shall remain in effect for a period of [number] years.6.2 Either party may terminate this Agreement upon [number] days written notice to the other party.IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.[Chinese company name] [Foreign company name]By: ___________________________ By: ___________________________Name: Name:Title: Title:篇5Sino-Foreign Joint Operation ContractThis Contract is made and entered into on this [date], by and between [Chinese company name], a company duly registered and organized under the laws of the People's Republic of China, with its principle place of business at [address], hereinafter referred to as the "Chinese Party" and [Foreign company name], a company duly registered and organized under the laws of [country], with its principle place of business at [address], hereinafter referred to as the "Foreign Party".Whereas, the Chinese Party desires to enter into a joint operation with the Foreign Party for the purpose of [brief description of the business purpose], and the Foreign Party is willing to cooperate with the Chinese Party in the said joint operation, subject to the terms and conditions herein provided.Now, therefore, in consideration of the mutual covenants herein contained and other good and valuable consideration, the parties agree as follows:1. Establishment of Joint OperationThe parties agree to establish a joint operation for the purpose of [business purpose]. The joint operation shall be governed by the terms of this Contract and shall operate in accordance with the applicable laws and regulations of China.2. ContributionsThe Chinese Party shall contribute [amount] in cash and [description of assets or services] to the joint operation, while the Foreign Party shall contribute [amount] in cash and [description of assets or services]. The contributions of each party shall be used for the operation of the joint business as agreed upon by the parties.3. ManagementThe joint operation shall be managed by a management committee composed of [number] representatives from each party. The decisions of the management committee shall be made by a majority vote. In case of a tie, the chairman of the management committee shall have the deciding vote.4. Profit DistributionThe profits and losses of the joint operation shall be distributed between the parties in proportion to their respective contributions. The parties shall conduct regular audits of the joint operation to ensure accurate accounting of the financial activities.5. TermThis Contract shall be valid for a period of [number] years, commencing from the date of signing. Upon expiration, the parties may choose to renew the Contract or terminate the joint operation.6. ConfidentialityThe parties agree to keep confidential all information related to the joint operation, including financial records, business plans, and trade secrets. The parties shall not disclose such information to third parties without the written consent of the other party.7. TerminationEither party may terminate this Contract by giving [number] days' written notice to the other party. In case of termination, the parties shall settle all outstanding obligations and distribute the remaining assets in accordance with their contributions.8. Governing LawThis Contract shall be governed by the laws of the People's Republic of China. Any dispute arising out of or in connection with this Contract shall be settled through friendly negotiation. If no resolution can be reached, the parties agree to submit the dispute to arbitration in accordance with the rules of the China International Economic and Trade Arbitration Commission.In witness whereof, the parties hereto have caused this Contract to be duly executed as of the date first above written.[Chinese Party]By: ___________________________[Foreign Party]By: ___________________________篇6Cooperation Joint Venture ContractThis Cooperation Joint Venture Contract is made and entered into by and between [Chinese Company Name], a company organized and existing under the laws of the People's Republic of China, with its principal place of business at [Address], hereinafter referred to as the "Chinese Party", and[Foreign Company Name], a company organized and existing under the laws of [Foreign Country], with its principal place of business at [Address], hereinafter referred to as the "Foreign Party".Whereas the Chinese Party and the Foreign Party have agreed to establish a cooperative joint venture in accordance with the laws and regulations of the People's Republic of China, and in conformity with the principles of equality, mutual benefit, and shared risks.Now, Therefore, the Parties hereby agree as follows:1. Formation of Joint Venture1.1 The Chinese Party and the Foreign Party agree to establish a cooperative joint venture, which shall be named [Joint Venture Name], for the purpose of [Purpose of Joint Venture].1.2 The registered capital of the joint venture shall be [Amount] US Dollars, with the Chinese Party contributing [Percentage] and the Foreign Party contributing [Percentage]. The contributions shall be made in cash or in kind within [Number] days after the establishment of the joint venture.1.3 The joint venture shall have a term of [Number] years and shall commence on the date of issuance of the business license.2. Management of Joint Venture2.1 The joint venture shall be managed by a board of directors consisting of [Number] directors, of which the Chinese Party shall appoint [Number] directors and the Foreign Party shall appoint [Number] directors. The chairman of the board shall be appointed by the Chinese Party.2.2 The board of directors shall make decisions on the major issues of the joint venture by consensus, and each director shall have one vote.2.3 The daily operations of the joint venture shall be managed by a general manager appointed by the board of directors, who shall be responsible for the implementation of the board's decisions.3. Sharing of Profits and Losses3.1 The profits and losses of the joint venture shall be shared by the Chinese Party and the Foreign Party in proportion to their respective contributions.3.2 The joint venture shall distribute profits on an annual basis, with the Chinese Party receiving [Percentage] and the Foreign Party receiving [Percentage].4. Termination of Joint Venture4.1 The joint venture may be terminated in the event of bankruptcy, insolvency, material breach of this contract, or by mutual agreement of the Parties.4.2 In the event of termination, the assets of the joint venture shall be distributed in accordance with the contributions of the Parties and any other agreements reached by the Parties.5. Governing LawThis contract shall be governed by and construed in accordance with the laws of the People's Republic of China.6. Dispute ResolutionAny dispute arising out of or in connection with this contract shall be resolved through amicable negotiations. If the Parties fail to resolve the dispute within [Number] days, the dispute shall be referred to arbitration in accordance with the rules of the [Arbitration Institution].In Witness Whereof, the Parties have executed this contract as of the date first above written.[Chinese Company Name] [Foreign Company Name]By: _______________________ By: _______________________Name: Name:Title: Title:Date: Date:。
有关中外合作经营合同范本格式(英文)6篇篇1Sino-Foreign Cooperative Management ContractThis Sino-Foreign Cooperative Management Contract (hereinafter referred to as the "Contract") is entered into by___________ (hereinafter referred to as the "Chinese Party"), and ___________ (hereinafter referred to as the "Foreign Party"), in accordance with the laws of the People's Republic of China on Foreign Investment Enterprises and other relevant laws and regulations.Article 1: Contract ObjectiveThe purpose of this Contract is to establish a Sino-Foreign Cooperative Management Enterprise (hereinafter referred to as the "Enterprise") through which the Chinese Party and the Foreign Party shall jointly contribute capital, technology, business management expertise, and other resources to conduct economic activities.Article 2: Enterprise InformationName of the Enterprise: _________________________Registered Address: _________________________Article 3: Scope of CooperationThe scope of cooperation between the Chinese Party and the Foreign Party shall include but not be limited to _________ (specify the business or industry) and other related fields.Article 4: InvestmentThe Chinese Party shall contribute _________ (specify currency and amount) in cash or kind, while the Foreign Party shall contribute _________ (specify currency and amount) in cash, technology, or management expertise. The specific investment details shall be specified in the Appendix.Article 5: Management StructureThe Enterprise shall establish a board of directors, which shall be composed of representatives from both parties. The board shall be responsible for major decisions of the Enterprise. The specific management structure, powers, and duties shall be specified in the Appendix.Article 6: Operation and ManagementThe operation and management of the Enterprise shall be conducted in accordance with laws and regulations of China, this Contract, and the Articles of Association of the Enterprise. Both parties shall jointly ensure smooth operation and profitable business of the Enterprise.Article 7: Technical Support and TrainingThe Foreign Party shall provide technical support and training to the Enterprise to ensure smooth operation and technical advancement. The specific technical support and training arrangements shall be specified in the Appendix.Article 8: Profit DistributionProfits generated by the Enterprise shall be distributed according to the investment ratio agreed by both parties. The specific profit distribution plan shall be specified in the Appendix.Article 9: Risk SharingBoth parties shall share risks in accordance with their respective investment ratios or as otherwise agreed upon by both parties. In case of any loss incurred to the Enterprise, both parties shall bear their respective responsibilities in accordance with this Contract and relevant laws and regulations.Article 10: Term of ContractThe term of this Contract shall be _________ years from the date of issuance of the Enterprise's business license. After the expiration of this term, both parties may consider renewal upon mutual agreement.Article 11: Termination of ContractThis Contract may be terminated under any of the following circumstances:篇2COOPERATION CONTRACT BETWEEN FOREIGN AND LOCAL COMPANIESParty A: [Name of Chinese Company]Party B: [Name of Foreign Company]In accordance with the laws and regulations of the People's Republic of China, both Party A and Party B, through friendly consultations, agree to jointly invest and operate a cooperative business in [specific business field or industry]. To this end, the following contract is made and shall be strictly observed by both parties.Article 1: Contractual Joint VentureThe parties hereby establish a contractual joint venture for the purpose of [specify purpose or objectives of the business].Article 2: Scope of CooperationThe scope of cooperation between the parties covers [specify the business or products being cooperated upon].Article 3: Investment and Ownership1. Party A shall contribute [specify investment amount] in cash/assets/land/etc.2. Party B shall contribute [specify investment amount] in cash/technology/brand/etc.Ownership of the contractual joint venture shall be in proportion to the respective investments made by Party A and Party B.Article 4: Management StructureThe contractual joint venture shall be managed by a board of directors composed of representatives from both parties. The board shall establish policies and make major decisions.Day-to-day operations shall be conducted by a manager appointed by the board.Article 5: Operation and Management1. Operation shall be conducted in accordance with the laws and regulations of China.2. Each party shall appoint qualified personnel to ensure smooth operation.3. Joint efforts shall be made to achieve the annual operational objectives set by the board.Article 6: Profit Distribution and Risk SharingProfits (or losses) shall be distributed (or shared) in proportion to the respective ownership interests of Party A and Party B.Article 7: Contract Duration and Termination1. The duration of this contract is [specify duration].2. Termination of the contract shall be subject to mutual agreement or in case of force majeure.3. In case of contract termination, all assets and liabilities shall be distributed/shared in accordance with Article 6.Article 8: Intellectual PropertyAll intellectual property arising from the cooperation shall be jointly owned by both parties, unless otherwise agreed.Article 9: ConfidentialityBoth parties shall maintain confidentiality of all information related to the contract that is not meant for public disclosure.Article 10: Dispute ResolutionAny disputes arising from this contract shall be resolved through friendly consultations. If no settlement can be reached, the dispute shall be submitted to [specify arbitration institution or court] for resolution.Article 11: Force MajeureIf any event of force majeure occurs, the affected party shall notify the other party in a timely manner and both parties shall seek to resolve the issue in good faith.Article 12: Miscellaneous1. This contract shall be made in [number of] counterparts, each equally authentic.2. Any amendments to this contract must be made in writing and approved by both parties.3. This contract shall be governed by the laws of the People's Republic of China.4. The contract becomes effective from the date of signing by both parties.Party A Representative: ________________________Party B Representative: ________________________Date: _________________________Witness: _________________________Note: This is a standard template for a cooperative business contract between a Chinese company and a foreign company. It is recommended to consult legal professionals for advice on specific terms and conditions before signing any contract.篇3Sino-Foreign Cooperative Joint Venture ContractThis Sino-Foreign Cooperative Joint Venture Contract (hereinafter referred to as the "Contract") is made and executed on [Date] by and between [Chinese Party Name] and [Foreign Party Name] (hereinafter collectively referred to as the "Parties").Article 1: ObjectiveThe objective of this Contract is to establish a cooperative joint venture in the field of [specific business or industry] to mutually share resources, technologies, and market opportunities for mutual benefit and development.Article 2: Scope of Cooperation1. The scope of cooperation shall cover [list specific areas of cooperation, such as production, technology transfer, marketing, etc.].2. The Parties shall jointly invest and establish a cooperative joint venture enterprise with the registered capital of [specify amount].Article 3: Investment1. The investment of each Party shall be in accordance with the investment plan approved by both Parties.2. The investment methods and proportions shall be as follows: [specify investment methods and proportions].Article 4: Management1. The enterprise shall establish a board of directors consisting of representatives from both Parties.2. The board shall be responsible for major decisions and strategic planning of the enterprise.3. Day-to-day management shall be entrusted to a management team nominated by both Parties.Article 5: Operation and Management1. The enterprise shall operate in accordance with the laws and regulations of [specify relevant laws or regulations].2. The financial affairs of the enterprise shall be managed separately from the Parties' other business activities.3. The Parties shall ensure the proper management of enterprise's funds and assets.Article 6: Technical Cooperation1. The Parties shall exchange technical information and know-how to enhance the competitiveness of the enterprise.2. Technical transfer and training shall be conducted in accordance with agreed terms and conditions.3. Both Parties shall jointly work on research and development activities to improve product quality and efficiency.Article 7: Profit Distribution1. Profits generated by the enterprise shall be distributed in accordance with the agreed profit distribution ratio between the Parties.2. Any additional capital required for expansion or improvement shall be jointly invested by both Parties in accordance with their respective shares.Article 8: Risk SharingThe risks associated with the operation of the enterprise shall be shared by both Parties in accordance with their respective shares or investment proportions.Article 9: Term of Cooperation1. The term of this cooperation shall be [specify duration].2. Upon expiration of the term, the enterprise shall be dissolved in accordance with relevant laws and regulations, and assets shall be distributed in accordance with Article 7.Article 10: TerminationThe cooperation may be terminated early by either Party in cases of force majeure or in case of a breach of this Contract by the other Party. In such cases, the terminating Party shall provide evidence for such circumstances.Article 11: Miscellanea1. Any disputes arising from or in connection with this Contract shall be settled through friendly consultation between both Parties. If no settlement can be reached, the dispute may be submitted to [specify arbitration institution or court] for arbitration or litigation.2. This Contract shall be made in both Chinese and English, both versions being equally authentic. In case of any discrepancies, the Chinese version shall prevail.篇4Sino-Foreign Cooperative Business Contract TemplateThis Contract is made by and between:[Chinese Party Name] and [Foreign Party Name]1. Contract Objective:The parties hereby agree to jointly invest and engage in the operation of a business for the purpose of [specify business activity].2. Scope of Cooperation:The parties shall cooperate in areas including, but not limited to, [list areas of cooperation such as technology transfer, marketing, production, management, etc.].3. Investment and Ownership:* The Chinese Party shall contribute [specify percentage] ownership interest in the form of cash, property, industrial property rights, or other assets.* The Foreign Party shall contribute [specify percentage] ownership interest in the form of cash, technology, expertise, or other forms of investment.4. Management Structure:* The board of directors shall be comprised of representatives from both parties.* The chairman and vice chairman shall be appointed by [specify which party].* Major decisions shall be made by a majority vote of the board.5. Operation and Management:* The cooperative enterprise shall be operated under the principles of economy, legality, and good faith.* Both parties shall cooperate in business development, technology transfer, personnel training, and daily management.* Management responsibilities, rights, and procedures shall be clearly defined in the operating regulations.6. Profit Distribution and Risk Sharing:* Profits (or losses) shall be distributed (or shared) based on the ownership interests of each party.* Any additional capital required for operation shall be jointly contributed by both parties in proportion to their ownership interests.7. Term of Cooperation:* The term of this cooperation shall be [specify duration].* Unless otherwise agreed by both parties, the term may be extended upon expiration.8. Contract Termination:* This contract may be terminated upon the occurrence of any event specified in the contract such as expiration of term, mutual agreement, or breach of contract by either party.* In case of termination, all assets and liabilities shall be disposed in accordance with the ownership interests of each party.9. Intellectual Property Rights:* All intellectual property rights arising from the cooperation shall be owned by the cooperative enterprise or jointly owned by the parties as agreed.* Each party shall respect and not infringe on the other party's intellectual property rights.10. Confidentiality:* Both parties shall maintain confidentiality regarding confidential information shared during the course of cooperation.* Any disclosure of confidential information shall be subject to the other party's prior consent.11. Law and Jurisdiction:* This contract shall be governed by the laws of [specify country].* Any dispute arising from or in connection with this contract shall be settled through friendly negotiation. If negotiation fails,either party may submit the dispute to [specify court/tribunal] for resolution.12. Miscellaneous:(Here you can include any other terms and conditions that are specific to this contract such as personnel exchange programs, technical support, dispute resolution mechanisms, etc.)This contract has been made in duplicate counterparts, each party holds one, and both are equally authentic.The parties have reviewed and approved this Sino-Foreign Cooperative Business Contract Template in English and Chinese, both versions being equally valid and effective for execution upon signing by authorized representatives of both parties.Date: ________________For Chinese Party: _____________________ (Authorized Representative)For Foreign Party: _____________________ (Authorized Representative)Note: This template is a general guideline and should be customized based on specific circumstances and legal requirements applicable to the jurisdiction where the contract is executed. It is advisable to consult with legal professionals before drafting any legal document.篇5Sino-Foreign Cooperative Management ContractThis Sino-Foreign Cooperative Management Contract (hereinafter referred to as the "Contract") is entered into by___________ (hereinafter referred to as the "Chinese Party"), and ___________ (hereinafter referred to as the "Foreign Party"), through friendly negotiation, on the basis of equality and mutual benefit, in accordance with the laws of the People's Republic of China and relevant international business practices.Article 1: Contract ObjectiveThe purpose of this Contract is to establish a Sino-Foreign cooperative management enterprise in the field of __________ (specify the industry or business type).Article 2: Cooperation TermThe term of this cooperation shall be ________ years, commencing on ________ and expiring on _________.Article 3: Investment and Ownership1. The Chinese Party shall contribute land, buildings, and other fixed assets as its investment.2. The Foreign Party shall contribute capital, technology, and management expertise.3. The ownership structure and profit distribution shall be in accordance with the agreed proportion.Article 4: Management Structure1. The enterprise shall establish a board of directors composed of representatives from both parties.2. The board shall be responsible for major decisions and oversee the management team.3. A management team shall be responsible for daily operations under the guidance of the board.Article 5: Operation and Management1. The enterprise shall operate in accordance with the laws and regulations of China.2. Both parties shall work together to establish operational procedures and management policies.3. The Foreign Party shall provide necessary technical support and training for the staff.Article 6: Profit Distribution and Risk Sharing1. Profits shall be distributed in accordance with the agreed ratio between the parties.2. Risks shall be shared equally by both parties in accordance with their respective contributions and responsibilities.3. Losses shall be borne by both parties in proportion to their investments.Article 7: Contract Termination1. In case of any breach of contract by either party, the other party may terminate this Contract by giving a written notice.2. Upon expiration or termination of this Contract, all assets and liabilities shall be liquidated in accordance with the laws of China.3. Any disputes arising from the termination shall be resolved through negotiation or legal means.Article 8: Intellectual Property1. All technological knowledge, patents, trademarks, copyrights, and other intellectual property rights brought into the enterprise by the Foreign Party shall be protected in accordance with Chinese laws.2. Any joint intellectual property developed during the cooperation shall be owned by both parties in accordance with their respective contributions.Article 9: Dispute ResolutionAny disputes arising from this Contract shall be resolved first through friendly negotiation between both parties. If negotiation fails, the dispute may be submitted to the court located in _______ (specify location) for resolution.Article 10: Miscellaneous1. This Contract shall be made in both Chinese and English, with equal validity.2. This Contract is subject to approval by relevant authorities in China before it becomes effective.3. Any amendments or modifications to this Contract must be made in writing and approved by both parties.4. This Contract shall be binding on both parties and their legal representatives, successors, and assigns.In conclusion, the Chinese Party and the Foreign Party have jointly agreed to the above terms and conditions, and have signed this Contract to witness their mutual commitment.篇6COOPERATION CONTRACT BETWEEN FOREIGN AND LOCAL ENTERPRISESThis Cooperation Contract is made by and between [Chinese Company Name] and [Foreign Company Name] (hereinafter respectively referred to as "the Chinese Party" and "the Foreign Party"), on the basis of equality and mutual benefit, throughfriendly negotiation, for the purpose of cooperation in the field of [specify business field].Article 1: Contractual PartiesThe parties to this Contract are:1. [Chinese Company Name], a company duly organized under the laws of China.2. [Foreign Company Name], a company duly organized under the laws of [Foreign Company's Country].Article 2: Objective of CooperationThe objective of this Contract is to establish a joint cooperation in order to engage in the activities of [specific business activity] in [location].Article 3: Terms of Cooperation1. The cooperation shall be implemented through the establishment of a Joint Venture Company named "[Joint Venture Company Name]" (hereinafter referred to as "the Joint Venture").2. The registered capital of the Joint Venture shall be divided into shares held by the parties in accordance with their respective contributions. The shares held by the Chinese Partyshall account for no less than XX% and those held by the Foreign Party shall account for up to XX% of the total registered capital.Article 4: Investment and Contribution1. The investment and contribution made by each party shall be determined by the Board of Directors of the Joint Venture based on the actual needs and financial conditions of the Joint Venture.2. The Chinese Party shall contribute mainly in land use rights, existing facilities, labor, and management expertise while the Foreign Party shall contribute mainly in cash, technology, and management expertise.Article 5: Management and Operation1. The management structure of the Joint Venture shall be established in accordance with the laws of China and the Joint Venture's Articles of Association.2. The Board of Directors shall be responsible for the overall management and operation of the Joint Venture. The General Manager shall be appointed by the Board of Directors and shall be responsible for daily management activities.Article 6: Profit Distribution and Risk SharingThe profits and losses of the Joint Venture shall be shared by the parties in proportion to their respective shares in the registered capital.Article 7: Term of CooperationThe term of this cooperation shall be XX years from the date of establishment of the Joint Venture, unless otherwise terminated earlier by mutual agreement or as stipulated in this Contract.Article 8: Intellectual Property RightsAll intellectual property rights arising from this cooperation shall be owned by the Joint Venture or its respective parties in accordance with their ownership share or as otherwise agreed upon by the parties.Article 9: Dispute ResolutionAny disputes arising from this Contract shall be resolved through friendly negotiation between the parties. If no settlement can be reached, such disputes shall be submitted to [specify arbitration institution] for arbitration in accordance with its arbitration rules.Article 10: Miscellaneaous1. This Contract shall be subject to approval by relevant authorities in China before its implementation.2. Any amendments or modifications to this Contract must be approved by both parties in writing.3. This Contract shall be made in both Chinese and English languages, with equal validity. In case of any discrepancies, the Chinese version shall prevail.4. This Contract shall come into force upon signature by both parties and shall remain valid until expired or terminated as stipulated above.。
中外合作经营合同格式(中英文)5篇篇1Sino-Foreign Joint Venture Operation ContractThis agreement is made and entered into on this [insert date], by and between [Chinese Company], a company organized and existing under the laws of the People's Republic of China, with its principal office located at [insert address], hereinafter referred to as the "Chinese Company", and [Foreign Company], a company organized and existing under the laws of [insert country], with its principal office located at [insert address], hereinafter referred to as the "Foreign Company".WHEREAS, the Parties wish to establish a joint venture to operate a [describe business activity] in the People's Republic of China.NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties hereto agree as follows:1. Establishment of Joint VentureThe Parties agree to establish a joint venture company under the name of [Joint Venture Company], with its registered capital of [insert amount] to be contributed by the Parties in the following proportions: Chinese Company [insert percentage] and Foreign Company [insert percentage].2. Business ScopeThe business scope of the Joint Venture Company shall include [describe business activities]. The operation of the Joint Venture Company shall be guided by the laws of the People's Republic of China and any other applicable regulations.3. ManagementThe management of the Joint Venture Company shall be conducted by a Board of Directors consisting of [insert number] directors, with [insert number] to be appointed by the Chinese Company and [insert number] to be appointed by the Foreign Company.4. Financial MattersThe financial matters of the Joint Venture Company shall be handled in accordance with the provisions set forth in this agreement. The Parties agree to share profits and losses inproportion to their respective contributions to the registered capital.5. Dispute ResolutionAny dispute arising out of or in connection with this agreement shall be settled through friendly consultation between the Parties. If the Parties fail to resolve the dispute amicably, the matter shall be submitted to arbitration in accordance with the rules of the [appropriate arbitration institution].IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be duly executed on the date and year first above written.[Chinese Company]By: __________________________[Foreign Company]By: __________________________This Sino-Foreign Joint Venture Operation Contract is hereby approved and ratified by the relevant authorities of both Parties.Date: __________________________[Government Authority of Chinese Company]By: __________________________[Government Authority of Foreign Company]By: __________________________This agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior discussions, correspondence, understandings, and agreements between the Parties relating to such subject matter.IN WITNESS WHEREOF, the Parties hereto have executed this agreement as of the date and year first above written.[Chinese Company]By: __________________________[Foreign Company]By: __________________________This document represents a legal and binding contract between the Parties, each of whom has read and understood the terms and conditions contained herein.[Chinese Company]By: __________________________[Foreign Company]By: __________________________This Sino-Foreign Joint Venture Operation Contract shall become effective upon the signing by all Parties.Signed and sealed by the Parties on the date and year first above written.[Seal of Chinese Company][Seal of Foreign Company]篇2Joint Venture ContractThis Joint Venture Contract is made and entered into on [date], by and between [Party A], a company organized and existing under the laws of [Country A], and having its principal place of business at [address], [City], [Country A], hereinafter referred to as the "Chinese Party", and [Party B], a company organized and existing under the laws of [Country B], and having its principal place of business at [address], [City], [Country B], hereinafter referred to as the "Foreign Party".WHEREAS, the Parties desire to engage in a joint venture for the purpose of [purpose of the joint venture];NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained herein, the Parties agree as follows:1. Formation of Joint VentureThe Parties shall form a joint venture (the "Venture") to be named [Name of Joint Venture]. The Venture shall be organized as a [describe the type of entity] under the laws of [Country A]. The respective ownership interests of the Parties shall be [X%] for the Chinese Party and [Y%] for the Foreign Party.2. Principal Place of BusinessThe principal place of business of the Venture shall be located at [address], [City], [Country A], but the Venture may establish such other branch offices or facilities as may be deemed necessary or desirable.3. Business PurposeThe purpose of the Venture shall be to [describe the business purpose of the Joint Venture], including but not limited to [specific business activities].4. Capital ContributionThe Chinese Party shall contribute [amount] as its capital contribution to the Venture, and the Foreign Party shall contribute [amount] as its capital contribution. Each Party's capital contribution shall be paid within [number] days of the execution of this Contract.5. Management and OperationThe Venture shall be managed by a Board of Directors consisting of [X] directors appointed by the Chinese Party and [Y] directors appointed by the Foreign Party. The Board shall meet on a quarterly basis to oversee the operations and make strategic decisions for the Venture.6. Distribution of Profits and LossesAll profits and losses of the Venture shall be allocated in proportion to the ownership interests of the Parties. Any distributions of profits shall be made on a quarterly basis.7. Term and TerminationThis Contract shall have a term of [number] years, commencing on the date of execution. The Contract may be terminated by mutual agreement of the Parties or upon the occurrence of certain events as set forth herein.8. Governing LawThis Contract shall be governed by and construed in accordance with the laws of [Country A].IN WITNESS WHEREOF, the Parties hereto have executed this Contract as of the date first above written.[Signature of Chinese Party] [Signature of Foreign Party][Name of Signatory] [Name of Signatory][Title of Signatory] [Title of Signatory][Date][Date]Please note that this Joint Venture Contract is for reference purposes only and should be tailored to the specific needs and circumstances of the Parties involved. It is advisable to seek legal counsel before entering into any joint venture agreement.篇3Cooperative Operation Contract Format (Chinese-English)Contract Title: Cooperative Operation Contract Contracting Parties:Party A: [Name of Chinese Company]Address: [Address of Chinese Company]Legal Representative: [Name of Legal Representative] Contact Person: [Name of Contact Person] Telephone: [Telephone Number]Email: [Email Address]Party B: [Name of Foreign Company]Address: [Address of Foreign Company]Legal Representative: [Name of Legal Representative] Contact Person: [Name of Contact Person] Telephone: [Telephone Number]Email: [Email Address]Date of Contract: [Date]1. Purpose of Cooperation:Party A and Party B agree to enter into this cooperative operation contract for the purpose of jointly operating a business venture in [Country/Location].2. Scope of Cooperation:2.1 Party A shall be responsible for providing [Specific Responsibilities of Party A].2.2 Party B shall be responsible for providing [Specific Responsibilities of Party B].2.3 Both parties shall collaborate on [Specific Tasks to be Collaborated on].3. Investment:3.1 Party A shall invest [Amount] in the business venture.3.2 Party B shall invest [Amount] in the business venture.3.3 The investment shall be used for [Purpose of Investment].4. Profit Sharing:4.1 The profits and losses of the business venture shall be shared between Party A and Party B in the ratio of [Ratio].4.2 Profit sharing shall be conducted on a [Frequency] basis.5. Term of Contract:5.1 This contract shall be valid for a period of [Number] years.5.2 The contract may be renewed by mutual agreement of both parties.6. Termination:6.1 Either party may terminate this contract with [Number] days' written notice.6.2 In the event of termination, both parties agree to settle any outstanding financial obligations.7. Dispute Resolution:Any disputes arising from this contract shall be resolved through amicable negotiations between the parties. If an amicable resolution cannot be reached, the parties agree to submit the dispute to arbitration.8. Confidentiality:Both parties agree to maintain the confidentiality of any information shared during the course of their cooperation and not to disclose it to any third parties.9. Governing Law:This contract shall be governed by the laws of[Country/Location].10. Signatures:This contract shall be signed by the legal representatives of Party A and Party B on the date mentioned above.In witness whereof, the parties have executed this contract on the date first mentioned above.Party A: _______________________ (Seal)Party B: _______________________ (Seal)篇4Sino-Foreign Joint Venture AgreementThis Agreement is made and entered into on this ___ day of ____, 20__, by and between [Chinese Company Name], a company duly organized and existing under the laws of the People's Republic of China, with its principal place of business at [address], hereinafter referred to as the "Chinese Party", and [Foreign Company Name], a company duly organized and existing under the laws of [Foreign Country], with its principal place of business at [address], hereinafter referred to as the "Foreign Party."Whereas, the Chinese Party desires to enter into a joint venture with the Foreign Party for the purpose of establishing a business entity in China to engage in [describe the nature of the business], and the Foreign Party desires to participate in such joint venture;Now, therefore, the parties hereby agree as follows:1. Establishment of Joint VentureThe parties agree to establish a joint venture company under the name of [Joint Venture Company Name], which shall be registered in accordance with Chinese laws and regulations. The shareholding structure of the company shall be [percentage Chinese Party] owned by the Chinese Party and [percentage Foreign Party] owned by the Foreign Party.2. Business ScopeThe Joint Venture Company shall engage in the business of [describe the business activities of the company].3. Capital ContributionThe Chinese Party shall contribute [amount] as its capital contribution to the Joint Venture Company, while the Foreign Party shall contribute [amount] as its capital contribution. Thetotal registered capital of the Joint Venture Company shall be [total amount].4. ManagementThe management of the Joint Venture Company shall be handled by a board of directors, composed of [number] members, with [number] members appointed by the Chinese Party and [number] members appointed by the Foreign Party. The chairman of the board shall be appointed by the Foreign Party.5. Profit and Loss SharingThe profits and losses of the Joint Venture Company shall be shared by the parties in proportion to their respective shareholdings in the company.6. Term and TerminationThis agreement shall be effective as of the date first above written and shall continue in force for a term of [number] years. Either party may terminate this agreement by giving [number] months' written notice to the other party.In witness whereof, the parties hereto have executed this Agreement on the day and year first above written.Chinese Party:_______________[Name][Title]Foreign Party:_______________[Name][Title]篇5International Joint Venture AgreementThis Agreement is made and entered into as of [date], by and between [Foreign Company], a corporation organized and existing under the laws of [country], having its principal place of business at [address], and [Chinese Company], a corporation organize d and existing under the laws of the People’s Republic of China, having its principal place of business at [address].WHEREAS, the parties desire to form a joint venture to carry on a certain business in the People’s Republic of China; andWHEREAS, the parties desire to set forth the terms and conditions of their joint venture in this Agreement.NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:1. Formation of Joint Venture. The parties hereby agree to form a joint venture (the “Joint Venture”) for the purpose of [describe purpose of Joint Venture]. The Joint Venture shall be incorporated under the laws of the People’s Republic of China as a Sino-foreign joint venture.2. Ownership and Capital Contribution. The parties agree that their ownership interests in the Joint Venture shall be as follows:- [Foreign Company] shall contribute [percentage] of the total capital of the Joint Venture;- [Chinese Company] shall contribute [percentage] of the total capital of the Joint Venture.3. Management. The management of the Joint Venture shall be vested in a board of directors, consisting of [number] directors. [Foreign Company] shall have the right to appoint[number] directors, and [Chinese Company] shall have the right to appoint [number] directors. Any decision of the board of directors shall require the affirmative vote of [percentage] of the directors.4. Distribution of Profits and Losses. The profits and losses of the Joint Venture shall be distributed among the parties in proportion to their ownership interests in the Joint Venture.5. Term and Termination. The term of this Agreement shall commence on the date hereof and continue for a period of [number] years, unless terminated earlier by mutual agreement of the parties. In the event of termination of this Agreement, the parties shall wind up the affairs of the Joint Venture in accordance with the provisions of this Agreement.6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the People’s Republic of China.IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.[Foreign Company]By: ______________________Name: ____________________Title: _____________________ [Chinese Company] By: ______________________ Name: ____________________ Title: _____________________。
中外合作经营合同格式(附英文)6篇全文共6篇示例,供读者参考篇1Chinese-Foreign Cooperative Operation ContractThis agreement is made and entered into by and between **[Name of Chinese Company]**, a company incorporated under the laws of the People's Republic of China, with its principal place of business at **[Address of Chinese Company]**, and **[Name of Foreign Company]**, a company incorporated under the laws of **[Country of Foreign Company]**, with its principal place of business at **[Address of Foreign Company]**.WHEREAS, the Chinese Company is engaged in the business of **[Description of Business of Chinese Company]**, and the Foreign Company is engaged in the business of **[Description of Business of Foreign Company]**;WHEREAS, the Parties desire to enter into a cooperative operation arrangement for the purpose of **[Purpose of Cooperation]**;NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows:1. Establishment of Joint VentureThe Parties shall establish a joint venture company under the name of **[Name of Joint Venture Company]**, which shall be incorporated under the laws of the People's Republic of China.2. Ownership of Joint VentureThe Chinese Company shall own **[Percentage]%** of the shares of the Joint Venture Company, and the Foreign Company shall own **[Percentage]%** of the shares of the Joint Venture Company.3. Management of Joint VentureThe management of the Joint Venture Company shall be vested in a Board of Directors consisting of **[Number]** directors, with **[Percentage]%** appointed by the Chinese Company and **[Percentage]%** appointed by the Foreign Company.4. Capital ContributionThe Chinese Company shall contribute **[Amount]** to the capital of the Joint Venture Company, and the Foreign Company shall contribute **[Amount]** to the capital of the Joint Venture Company.5. Profit SharingThe profits of the Joint Venture Company shall be distributed to the Chinese Company and the Foreign Company in proportion to their respective shareholdings in the Joint Venture Company.IN WITNESS WHEREOF, the Parties have executed this agreement as of **[Date]**.**[Signature of Chinese Company]****[Name of Chinese Company]****[Signature of Foreign Company]****[Name of Foreign Company]**This contract is made and entered into in both Chinese and English languages, both texts having equal legal force. In case of any discrepancy between the two texts, the Chinese text shall prevail.This agreement may be terminated by mutual agreement of the Parties, or by either Party with **[Number]** days written notice to the other Party.This agreement shall be governed by and construed in accordance with the laws of the People's Republic of China.IN WITNESS WHEREOF, the undersigned have executed this agreement on the date and year first above written.**[Signature of Chinese Company]****[Name of Chinese Company]****[Signature of Foreign Company]****[Name of Foreign Company]**篇2Foreign Cooperation Operation Contract FormatArticle 1 Party A and Party B hereby reach an agreement to jointly operate [describe the specific business or project] in accordance with the terms and conditions outlined in this contract.Article 2 Scope of Cooperation1. Party A and Party B shall jointly invest in [describe the investment amount and allocation].2. Party A shall be responsible for providing [list the specific responsibilities of Party A].3. Party B shall be responsible for providing [list the specific responsibilities of Party B].Article 3 Term of Cooperation1. The cooperation shall commence on [start date] and shall continue until [end date] unless terminated earlier in accordance with the provisions of this contract.2. Either Party may terminate the cooperation by giving [number of days] written notice to the other Party.Article 4 Rights and Obligations of Party A1. Party A shall have the right to oversee the daily operations of the cooperation.2. Party A shall bear the costs of [list the specific costs borne by Party A].3. Party A shall be entitled to [list the entitlements of PartyA].Article 5 Rights and Obligations of Party B1. Party B shall have the right to participate in the decision-making process of the cooperation.2. Party B shall bear the costs of [list the specific costs borne by Party B].3. Party B shall be entitled to [list the entitlements of Party B].Article 6 Distribution of Profits1. The profits generated from the cooperation shall be distributed in accordance with the investment ratio of Party A and Party B.2. Party A and Party B shall receive their respective share of profits on a [frequency] basis.Article 7 Dispute Resolution1. Any disputes arising from the cooperation shall be resolved through negotiation between Party A and Party B.2. If the parties cannot reach a resolution through negotiation, the dispute shall be submitted to arbitration in accordance with the laws of [jurisdiction].Article 8 Amendments to the ContractAny amendments to this contract shall be made in writing and signed by both Party A and Party B.In witness whereof, the Parties hereto have executed this contract on the date first written above.Party A: [Signature]Party B: [Signature]篇3Sino-Foreign Joint Venture Contract FormatArticle 1: Establishment of Joint Venture1.1 Parties A and B, hereinafter referred to as the "Partners," agree to establish a joint venture under the name of [Name of Joint Venture Company], hereinafter referred to as the "Company."1.2 The Partners agree to establish the Company for the purpose of [Brief description of the business activities of the Company].Article 2: Registered Capital2.1 The total registered capital of the Company shall be [Amount in currency].2.2 Partners A and B shall contribute their respective shares of the registered capital as follows:Partner A: [Amount in currency]Partner B: [Amount in currency]Article 3: Management Structure3.1 The management of the Company shall be entrusted to a board of directors, comprising [Number] directors appointed by the Partners.3.2 The general manager of the Company shall be appointed by Partner A, and the deputy general manager shall be appointed by Partner B.Article 4: Profit Distribution4.1 The profits of the Company shall be distributed in accordance with the percentage of ownership of each Partner.4.2 The profits shall be distributed on a quarterly basis, and any dividends declared by the board of directors shall be paid within [Number] days of the declaration.Article 5: Term of Joint Venture5.1 The term of the Joint Venture shall be [Number] years, commencing on the date of registration of the Company.5.2 The Partners may agree to extend the term of the Joint Venture by mutual consent.Article 6: Dissolution and Liquidation6.1 In the event of dissolution of the Company, the Partners agree to liquidate the assets and distribute the proceeds in accordance with the percentage of ownership of each Partner.6.2 The Partners shall appoint a liquidator to oversee the dissolution and liquidation process.Article 7: Governing Law7.1 This Contract shall be governed by and construed in accordance with the laws of [Country].7.2 Any dispute arising out of or in connection with this Contract shall be resolved through arbitration in [Arbitration Venue] in accordance with the rules of the [Arbitration Institution].In witness whereof, the Parties have executed this Contract on the date first above written.Partner A:Name:Title:Date:Partner B:Name:Title:Date:篇4International Joint Venture Contract FormatThis International Joint Venture Contract is entered into on [date] by and between [company name], a company registered under the laws of [country], with its principal place of business at [address], hereinafter referred to as the "Chinese Party”, and [foreign company name], a company registered under the laws of [country], with its principal place of business at [address], hereinafter referred to as the "Foreign Party”.Whereas, the Chinese Party desires to establish a joint venture with the Foreign Party for the purpose of [purpose of joint venture], and the Foreign Party agrees to enter into this joint venture on the terms and conditions set forth herein.1. Establishment of Joint VentureThe Chinese Party and the Foreign Party shall establish a joint venture company under the name of [name of joint venture company], with its registered office at [address]. The jointventure company shall engage in the business of [business activities].2. Capital ContributionThe Chinese Party shall contribute the amount of [amount] in cash or in kind to the joint venture, constituting [percentage]% of the total share capital of the joint venture. The Foreign Party shall contribute the amount of [amount] in cash or in kind to the joint venture, constituting [percentage]% of the total share capital of the joint venture.3. Management of Joint VentureThe management of the joint venture company shall be conducted by a board of directors consisting of [number] directors, with [number] directors appointed by the Chinese Party and [number] directors appointed by the Foreign Party. Decisions of the board of directors shall be made by majority vote.4. Profit SharingProfits and losses of the joint venture company shall be distributed between the Chinese Party and the Foreign Party in proportion to their respective shareholdings in the joint venture.5. Term of AgreementThis joint venture agreement shall be in effect for a period of [number] years from the date of establishment of the joint venture company, unless terminated earlier by mutual agreement of the parties.6. Governing LawThis agreement shall be governed by and construed in accordance with the laws of [country].7. Dispute ResolutionAny disputes arising out of or in connection with this agreement shall be resolved through amicable negotiations between the parties. If the parties are unable to resolve the dispute amicably, the dispute shall be referred to arbitration in accordance with the rules of the International Chamber of Commerce.In witness whereof, the parties hereto have caused this agreement to be executed on the date first above written.[Signature of Chinese Party][Signature of Foreign Party][Company Seal][Company Seal]篇5International Joint Venture ContractThis contract is entered into on [date] between [Foreign Company], hereinafter referred to as the Foreign Party, and [Chinese Company], hereinafter referred to as the Chinese Party.1. PurposeThe purpose of this agreement is to establish an international joint venture between the Foreign Party and the Chinese Party. The parties intend to collaborate on [specific project or business venture], with the ultimate goal of mutual benefit and profit.2. Scope of AgreementThis agreement encompasses the following terms and conditions:a. Establishment of a joint venture company with a registered capital of [amount] to be held by the parties in proportion to their respective contributions.b. Appointment of a board of directors consisting of [number] members, with each party nominating [number] directors.c. The roles and responsibilities of each party in the management and operation of the joint venture company.d. The allocation of profits and losses in accordance with the respective contribution of each party.e. Transfer of technology, know-how, and intellectual property rights from the Foreign Party to the joint venture company.f. Dispute resolution mechanism in case of disagreements between the parties.g. Confidentiality and non-disclosure provisions to protect the proprietary information of the parties.3. Terms of Agreementa. This agreement shall be effective from the date of signing and shall remain in force for a period of [number] years unless terminated earlier in accordance with the provisions herein.b. Either party may terminate this agreement with [number] days' written notice to the other party in case of material breach of any provision herein.c. Termination of this agreement shall not affect the rights and obligations accrued prior to the termination date.4. Governing LawThis agreement shall be governed by the laws of [jurisdiction] and any disputes arising hereunder shall be resolved through arbitration in accordance with the rules of [arbitration organization].5. SignaturesThis agreement is signed by the duly authorized representatives of the Foreign Party and the Chinese Party on the date first written above.[Signature of Foreign Party][Name of Foreign Party][Title][Date][Signature of Chinese Party][Name of Chinese Party][Title][Date]In Witness whereof, the parties hereto have executed this agreement as of the date first above written.Note: This contract is a sample template and should be customized to fit the specific needs and requirements of the parties involved in the international joint venture. It is recommended to seek legal advice before entering into any joint venture agreement.篇6Article Title: Format of Sino-Foreign Joint Venture ContractIntroduction:A Sino-Foreign Joint Venture Contract is a legal document that outlines the terms and conditions of cooperation between Chinese and foreign companies in a joint venture partnership. This contract is essential in ensuring a successful and mutually beneficial business relationship between the two parties. In this article, we will discuss the format and key components of a typical Sino-Foreign Joint Venture Contract.Format of a Sino-Foreign Joint Venture Contract:1. Introduction: The contract should begin with an introduction that clearly states the names of the parties involved in the joint venture, the purpose of the joint venture, and the duration of the partnership.2. Objectives: The contract should outline the specific objectives and goals of the joint venture, as well as the responsibilities and obligations of each party in achieving these objectives.3. Term and Termination: The contract should specify the duration of the joint venture partnership, as well as the conditions under which the contract can be terminated by either party.4. Ownership and Capital Contribution: The contract should detail the ownership structure of the joint venture, as well as the capital contributions that each party is required to make.5. Management and Decision-Making: The contract should outline the management structure of the joint venture, including the composition of the board of directors, decision-making processes, and the roles and responsibilities of each party in the management of the joint venture.6. Profit Sharing and Distribution: The contract should specify how profits will be shared and distributed between the parties, including any provisions for reinvestment of profits into the joint venture.7. Intellectual Property Rights: The contract should address the ownership and protection of intellectual property rights developed during the course of the joint venture, as well as any licensing agreements between the parties.8. Dispute Resolution: The contract should include a clause outlining the procedures for resolving disputes between the parties, including mediation and arbitration processes.Conclusion:A well-written Sino-Foreign Joint Venture Contract is essential in establishing a successful and sustainable partnership between Chinese and foreign companies. By following the format outlined in this article and including key components such as objectives, ownership, management, profit sharing, and dispute resolution, the parties can ensure a smooth and mutually beneficial cooperation.。
文件编号:RHD-QB-K8851 (合同范本系列)甲方:XXXXXX乙方:XXXXXX签订日期:XXXXXX中外合作经营合同格式(附英文)标准版本中外合作经营合同格式(附英文)标准版本操作指导:该合同文件为经过平等协商和在真实、充分表达各自意愿的基础上,本着诚实守信、互惠互利的原则,根据有关法律法规的规定,达成如下条款,并由双方共同恪守。
,其中条款可根据自己现实基础上调整,请仔细浏览后进行编辑与保存。
第一章总则中国________公司和________国(或地区)________公司,根据中华人民共和国有关法律、法规的规定,本着平等互利的原则,通过友好协商,同意在中华人民共和国________省________市,共同举办合作经营企业,特订立本合同。
第二章合作各方第一条本合同的各方为:中国________公司(以下简称甲方),在中国________省________市登记注册,其法定地址在________省_________市________区________路_________号。
法定代表:姓名________职务________国籍_______。
________国(或地区)________公司(以下简称乙方)在________国(或地区)登记注册,其法定地址在________。
法定代表:姓名________职务________国籍________。
(注:若有两个以上合作者,依次称丙、丁……方)第三章成立合作经营公司第二条甲、乙方根据中华人民共和国有关法律、法规的有关规定,同意在________省________市建立合作经营的________有限责任公司(以下简称合作公司)。
第三条合作公司的名称为________合作有限责任公司。
外文名称为________。
合作公司的法定地址为________省________市________区________路________号。
第四条合作公司的一切活动必须遵守中华人民共和国有关法律、法规的规定。
第五条合作公司是由甲方提供土地使用权、资源开发权、建筑物等合作条件;乙方提供资金、设备、技术等合作条件。
各方不折算投资比例,按各自向公司提供的合作条件,确定利润分享办法,并各自承担风险。
合作公司实行统一管理,独立经营,统一核算。
合作期限届满,公司的财产不作价归甲方所有。
(注:应根据双方的约定具体写明)第四章生产经营目的、范围和规模第六条甲、乙方合作经营的目的是:本着加强经济合作和技术交流的愿望,采用先进而适用的技术和科学的经营管理方法,提高产品质量,发展新产品,并在质量、价格等方面具有国际市场的竞争能力,提高经济效益,使合作各方获得满意的经济利益。
(注:在具体合同中要根据具体情况写)第七条合作公司生产经营范围是:生产和销售_______产品;对销售后的产品进行维修服务;研究和发展新产品。
(注:要根据具体情况写)第八条生产经营规模如下:(一)合作公司投产后的生产能力为:_____。
(二)随着生产经营的发展,生产规模可增加到年产________。
产品品种将发展________。
(注:要根据具体情况写)第五章投资总额和注册资本第九条合作公司投资总额为人民币________元。
(或双方商定的一种货币)第十条合作公司的注册资本为人民币________元。
(注:甲方所提供的土地使用权或资源开发权和建筑物不计入注册资本)第十一条甲、乙方分别提供如下合作条件:甲方:提供总面积为________平方米的土地使用权,负责征用土地费和缴纳土地使用费;(注:土地开发费的负担方法,根据双方约定写)其中:厂房(上盖)面积________平方米;商场(上盖)面积________平方米;维修部(上盖)面积________平方米。
乙方:投资总额为________元,其中:现金________元;机器设备和交通运输工具________元;工业产权________元;其他________元。
第十二条甲方提供的土地使用权,应在合同批准之日起________天内办完征拨手续,交付合作公司使用;厂房和商场(上盖)应在合同批准之日起________天内交付合作公司装修;维修部(上盖)的交付时间,由合作公司董事会另行决定。
乙方提供的现金投资分两期汇入合作公司在银行开立的帐户内。
第一期应汇入_______元,须在合同批准之日起________天内汇出,作为首期生产、生活设施的建筑费和流动资金等;第二期必须汇足投资总额减去第一期汇出后的差额,汇出的时间为_______,用途由公司董事会确定。
(注:应根据具体情况写)第十三条乙方作为投资的机器设备,必须符合合作公司的生产需要,并在厂房装修完工前________天内运至中国港口。
(注:乙方以工业产权作为投资时,甲、乙方必须另订立合同,作为本合同的组成部分。
)第六章合作各方应负责完成的事项第十四条甲方应负责完成的事项:(一)办理为设立合作公司向中国有关主管部门申请批准、登记注册、领取营业执照等事宜;(二)依照本合同第十一条第一款规定,向土地主管部门办理申请取得土地使用权的手续;(三)协助办理乙方作为出资而提供的机械设备、物资的进口报关手续和在中国境内的运输;(四)协助合作公司在中国境内购置或租赁设备、材料、原料、办公用品、交通工具、通讯设备等;(五)协助合作公司落实水、电、交通等基础设施;(六)协助合作公司对厂房和其他工程设施的设计和施工;(七)协助合作公司在当地招聘中国的经营管理人员、技术人员、工人和其他人员;(八)协助合作公司为外籍工作人员办理所需的入境签证手续等;(九)办理合作公司委托的其他事宜。
第十五条乙方应负责完成的事项:(一)依照本合同第十一条第二款、第十三条的规定,提供现金、机器设备、工业产权……并负责将其作为出资的机械设备等运至中国港口;(二)办理合作公司委托在中国境外选购的机器设备、材料等有关事宜;(三)提供需要的设备安装、调试以及试产的技术人员、生产和检验技术人员;(四)培训公司的技术人员和工人;(五)如乙方同时是技术转让方,则应负责合作公司在规定的期限内按设计能力稳定地生产合格产品;(六)负责办理合作公司委托的其他事宜。
(注:要根据具体情况写)第七章合作经营期限第十六条合作公司的经营期限为________年,公司营业执照签发之日,为该合作公司的成立日期。
合作公司在经营过程中,如有一方提出,经双方协商同意,可以延长合作期限。
但必须在合作期满六个月前,向中华人民共和国对外经济贸易部(或其委托的审批机构)提出申请批准。
第八章利润分配和偿还乙方投资第十七条合作公司缴纳所得税后的利润,按下列顺序使用和分配:(一)提取______%作为合作公司的储备基金、职工奖励及福利基金、发展基金;(二)以______%偿还乙方的投资,预计______年还清乙方的全部投资;(注:根据双方的约定具体写)(三)其余部分按甲方______%,乙方_______%分配。
第九章产品的销售第十八条合作公司的产品,大部分在中国境外市场销售(或全部外销),其中:(一)向外销售________%;(二)经向主管部门申请批准内销________%。
(注:销售办法可灵活多样,可由公司或乙方负责向外销售,也可由公司与外贸公司订立销售合同,委托代销;对内销部分也可由公司或甲方经销。
)第十章董事会第十九条合作公司设董事会。
公司注册登记之日,为董事会正式成立之日。
第二十条董事会是合作公司的最高权力机构,决定合作公司章程的制订和修改;决定公司转让、合并、停业和解散;决定公司经营决策、财务预算和决算;决定公司利润分配和亏损弥补办法;聘请总经理、副总经理和高级管理人员;决定公司职工工资和制定职工奖惩办法等一切重大事宜。
第二十一条董事会由董事________名组成,其中甲方委派________名,乙方委派________名。
董事长由甲方委派,副董事长________名,由乙方委派。
董事长、副董事长和董事任期四年,经各方继续委派可以连任。
第二十二条董事会会议每年至少召开一次,由董事长召集并主持。
董事长因故不能召集董事会议时,可委托副董事长或其他董事召集并主持。
经三分之一以上的董事提议,董事长可召开董事会临时会议。
会议记录应归档保存。
第二十三条召开董事会须有三分之二以上的董事出席方有效。
董事不能出席时,可以出具委托书委托他人代为出席和举行表决。
第二十四条董事长是合作公司的法定代表。
董事长因故不能履行其职责时,可临时授权副董事长或其他董事代理。
第十一章经营管理机构第二十五条合作公司设经理部,负责公司的日常经营管理。
经理部设总经理一人,副总经理__人。
总经理由__方推荐;副总经理由__方推荐__人,另一方推荐__人,均由董事会聘请,任期__年。
第二十六条总经理的职责是执行董事会会议的决议,组织领导合作公司的日常经营管理工作。
副总经理协助总经理工作。
第二十七条总经理必须每季度向董事会报告公司的经营情况,半年向董事会作一次财务结算报告。
第二十八条总经理、副总经理及其他管理人员有营私舞弊或严重失职行为时,经董事会会议作出决议,给予应得的处分直至解聘,对公司造成的经济损失,应负赔偿责任。
第十二章劳动管理第二十九条合作公司员工的招聘、解雇或辞职一律实行合同制。
员工的聘请由公司做出计划,报当地劳动部门核准后,由公司自行招聘,经考核择优录用。
第三十条合作公司员工的劳动工资、劳动保险、生活福利和奖惩等事项,依照《中华人民共和国中外合作经营企业法》的有关规定,经董事会制订施行方案,由公司、公司工会与员工集体或个人订立劳动合同,按合同的规定执行。
第十三章财务会计和审计第三十一条合作公司设总会计师和总出纳员各一人,负责公司总的会计工作;厂部、商场和维修服务部分别建立帐目,每个部门分别设会计师和出纳员各一个,负责各个部门的财务会计工作。
前款所列会计和出纳员的人选,均由甲、乙方协商推荐,董事会聘请。
第三十二条合作公司的财务会计制度,根据有关规定,结合本合作公司的实际情况制定。
并报当地财政部门和税务部门备案。
第三十三条合作公司设审计师一人,由甲方推荐,董事会聘请。
审计师负责审查、稽核公司的财务收支和会计帐目,并向董事会报告。
第十四章纳税与保险第三十四条合作公司应按中华人民共和国有关税法缴纳各种税款。
第三十五条合作公司的各项保险均应向中国的保险公司投保。
投保办法、投保险别、保险价值、保期等均按中国人民保险*司的规定由合作公司董事会决定。
第十五章合同的修改、补充、变更与解除第三十六条本合同及其附件的修改或补充,必须经甲、乙方协商一致、签署书面协议,并报经对外经济贸易部(或其委托的审批机构)批准方能生效。
第三十七条在合同有效期内由于本合同第四十二条规定的不可抗力,造成公司严重损失,或因公司连续亏损,致使合同不能继续履行,经合作公司董事会特别决议,并报原审批机关批准,可以提前终止合同或解除合同。