Do Chinese-foreign joint ventures need to set up supervisors or supervisory committees?

The Law on Sino-foreign Joint Ventures does not involve the establishment of supervisors or board of supervisors. So, is it necessary to set up a board of supervisors? As we all know, Article 52 of the Company Law stipulates that it is mandatory for a limited liability company to set up a supervisor system, and a limited liability company must set up a board of supervisors or supervisors according to the size of the company; Article 2 18 of the Company Law stipulates: "This Law is applicable to foreign-invested limited liability companies and joint stock limited companies; If there are other provisions in foreign investment laws, such provisions shall apply. " . At present, the laws and regulations on foreign-invested enterprises have clearly stipulated the organizational forms of foreign-invested enterprises (board of directors, general manager, etc.). ), but it is not stipulated whether foreign-invested enterprises should set up a board of supervisors. Therefore, a foreign-funded limited liability company should set up a board of supervisors or supervisors according to the mandatory provisions of the Company Law. Therefore, in the judicial practice of establishing Sino-foreign joint ventures, we often encounter a question: Do Sino-foreign joint ventures need to set up a board of supervisors or supervisors according to the provisions of the Company Law, just like domestic enterprises? This issue has been controversial since the promulgation and implementation of the old company law from 65438 to 0994, and the practices in practice are different. The Company Law clearly stipulates that domestic-funded enterprises must set up a board of supervisors or supervisors, but there is a principle in the Company Law-if there are other provisions in foreign investment laws, those provisions shall prevail; However, the Foreign Investment Law does not stipulate the board of supervisors or the supervisor system. Therefore, quite a few foreign-invested enterprises do not set up a board of supervisors or supervisors.