What are the nature of state-owned enterprises and foreign enterprises?

State-owned enterprises refer to wholly state-owned enterprises, wholly state-owned companies and state-owned capital holding companies that the State Council and local people's governments perform the responsibilities of investors on behalf of the country respectively, including enterprises at the same level and enterprises formed by investment step by step under the supervision of central and local state-owned assets supervision and administration institutions and other departments.

A foreign-funded joint venture is an enterprise in which all parties to the Sino-foreign joint venture * * * jointly invest * * * and jointly operate, and bear the risks * * * profits and losses according to the investment ratio. Its main legal features are: there are legal requirements for the proportion of foreign investors in the registered capital of enterprises; Enterprises adopt the organizational form of limited liability companies. Therefore, this kind of joint venture is called equity joint venture.

Extended data:

First, the status quo of state-owned enterprises

State-owned enterprises have a certain administrative nature. Due to historical reasons, the classification of state-owned enterprises is quite complicated. For the state-owned enterprises in China, those who invest or hold more than 50% of the state-owned assets are state-owned enterprises.

1978 before the reform and opening up, even until the end of the 20th century, state-owned enterprises have been the object of government support. The establishment of state-owned enterprises, a large part of government tax revenue was invested in state-owned enterprises, which led to the establishment and emergence of a large number of state-owned enterprises, some of which were transformed from the original government departments.

For example, China Telecom and China Mobile, the former Ministry of Posts and Telecommunications was changed to the Telecommunications Bureau, and then reorganized into China Telecom and China Mobile in the late 1990s and early this century. China's state-owned enterprises are registered according to the Regulations of People's Republic of China (PRC) Municipality on the Administration of Enterprise Legal Person Registration. The main body of invested assets is the state-owned assets management department, that is, state-owned enterprises.

Second, the characteristics of the joint venture

1. The organizational forms of Chinese-foreign contractual joint ventures are diversified, that is, Chinese and foreign parties can jointly establish a cooperative enterprise with legal personality or a cooperative enterprise without legal personality. In other words, a cooperative enterprise can be either a legal person enterprise or a non-legal person enterprise, and both Chinese and foreign joint ventures have legal person qualifications.

2. The organizational structure and management methods of Chinese-foreign cooperative enterprises are flexible and diverse. It can be a board system, a joint management committee system, or it can be entrusted to a third party for management.

3. Chinese-foreign cooperative enterprises generally take the practice of letting the foreign party recover the investment first, and the risk borne by the foreign party is relatively small, but after the cooperation expires, all the assets of the enterprise will be owned by the Chinese side.

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