What is a Sino-foreign cooperative operation contract?

1. What is a Sino-foreign contractual joint venture contract? Sino-foreign joint venture contract refers to the contract signed by foreign companies, enterprises, other economic organizations and individuals with companies, enterprises or other economic organizations in China to set up joint ventures in China on the principle of equality and mutual benefit. Contents of the contract The contents of the Sino-foreign joint venture contract mainly include: (1) general terms; (2) The parties to the joint venture; (3) Establishing a joint venture company; (four) the purpose, scope and scale of production and operation; (5) Total investment and registered capital; (six) the responsibilities of the parties to the joint venture; (7) technology transfer; (8) product sales; (9) The board of directors; (10) management organization; (1 1) Equipment procurement; (12) preparation and construction; (13) labor management; (14) taxation, finance and auditing; (15) duration of the joint venture; (16) Property disposal at the expiration of the joint venture; (17) insurance; (18) Modification, alteration and dissolution of the contract; (19) Liability for breach of contract; (20) Force majeure; (2 1) Applicable law; (22) settlement of disputes; (23) text; (24) Entry into force of the contract and others. Second, the following issues should be paid attention to in the contract of Chinese-foreign contractual joint ventures: (1) The foreign party of a joint venture should have the main qualification and joint venture ability. When the foreign party is an individual, it must have full capacity; If the foreign party is an enterprise legal person or other organization, it shall have legal documents; When concluding a contract, we must examine whether the foreign party has the conditions and ability to sign a contract. In order to know the business style and business reputation of foreign businessmen in detail, as well as the name, account number and address of the correspondent bank, foreign businessmen may be required to provide necessary information such as legal qualification documents, letters of guarantee and capital credit certificates notarized by notary organs. (2) A Sino-foreign joint venture contract must be a written contract. A contract can only be established if it is signed by a representative with representation. If the party concerned is an enterprise or other economic organization, it shall be signed by its legal representative or an agent duly authorized by the legal representative. Before signing the contract, both parties to the contract shall provide the other party with certificates to prove the qualification of the contractor or agent. A Sino-foreign joint venture contract can only be established according to law after it has been approved by the relevant departments. (3) The parties to a joint venture may invest in cash, in kind, industrial property rights, etc. The technology and equipment invested by the foreign joint venturer must be truly advanced technology and equipment suitable for the needs of China. If you deliberately cheat with backward technology and equipment, causing losses, you should compensate for the losses. The investment of a joint venture in China may include the right to use the site provided to the joint venture during its operation. If the right to use the site is not part of the investment of the China joint venture, the joint venture shall pay the use fee to the China Municipal Government. (4) The terms of the contract shall be complete, including the main terms of the contract, the total investment and registered capital, the cooperative production and operation projects, the proportion of products sold at home and abroad, the cooperation period, the business scope, the operation management, financial management and labor management of the joint venture, etc. The provisions on the liability for breach of contract and the application of the law should be clear and specific. With the development of information and the progress of science and technology, both online and offline trade are affecting the economic development of China. Even many China enterprises and foreign enterprises cooperate with each other for common development. From the latest knowledge of the above-mentioned Chinese-foreign contractual joint venture contract, we can know that when establishing a contractual joint venture, both Chinese and foreign parties should abide by relevant laws and regulations, and stipulate the investment or cooperation conditions, the distribution of income or products, the sharing of risks and losses, etc. in the contractual joint venture contract.