Measures for the Examination and Approval of the Advance Recovery of Investments by Foreign Collaborators to Sino-Foreign Cooperative Joint Ventures
Measures for the Examination and Approval of the Advance Recovery of Investments by Foreign Collaborators to Sino-Foreign Cooperative Joint Ventures
Measures for the Examination and Approval of the Advance Recovery of Investments by Foreign Collaborators to Sino-Foreign Cooperative Joint Ventures
Order of the Ministry of Finance [2005] No.28
June 9, 2005
The Measures for the Examination and Approval of the Advance Recovery of Investments by Foreign Collaborators to Sino-Foreign Cooperative Joint Ventures, which deliberated upon and drafted at the executive meeting of the Ministry of Finance and upon approval of the Ministry of Commerce and the State Administration of Foreign Exchange, are hereby promulgated and shall come into force as of September 1, 2005.
Minister of Finance Jin Renqing
Attached: Measures for the Examination and Approval of the Advance Recovery of Investments by Foreign Collaborators to Sino-Foreign Cooperative Joint Ventures
Article 1 These Measures are formulated pursuant to the Law of the People's Republic of China on Sino-Foreign Cooperative Joint Ventures, the Administrative Licensing Law of the People's Republic of China and the Implementing Rules of the Law of People's Republic of China on Sino-Foreign Co-operative Joint Ventures for the purpose of regulating the examination and approval of the work relating to the advance recovery of investment by foreign collaborators of Sino-Foreign cooperative joint ventures (hereinafter referred to as the advance recovery of investment).
Article 2 These Measures shall be applicable to the matters relating to the advance recovery of investment by foreign collaborators of Sino-foreign cooperative joint ventures established within the territory of the People's Republic of China.
Article 3 The "advance recovery of investment" as mentioned in this Measure refers to an act by which the foreign partner of any Sino-foreign cooperative joint venture (hereinafter referred to as the joint venture) recovers its investment in advance within the cooperative period by dividing capital arising from the depreciation of fixed assets and amortization of intangible assets and other ways according to the stipulations of the laws and the contract.
Article 4 The following requirements shall be met for a joint venture to recover investments in advance:
1.
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