中外合资经营合同(中英文)(7)

　　Article 37

　　A technical group with several technical personnel appointed by Party A and Party B shall be organized. The group， under the leadership of the preparation and construction office， is in charge of the examination， supervision， inspection， testing， checking and accepting， and performance checking of the project design， the quality of the project， the equipment and materials and the imported technology.

　　Article 38

　　After approval by both parties， the establishment， remuneration and the expenses of the staff of the preparation and construction office shall be covered in the project budget. Article 39 After having completed the project and finished the turning over procedures， the preparation and construction office shall be dissolved upon the approval of the board of directors.

　　Chapter 13 Labor Management

　　Article 40

　　Labor contract covering the recruitment， employment， dismissal and resignation， wages， labor insurance， welfare， rewards， penalties and other matters concerning the staff and workers of the joint venture company shall be drawn up between the joint venture company and the trade union of the joint venture company as a whole， or the individual employees in the joint venture company as a whole or individual employees in accordance with the Regulations of the People s Republic of China on Labor Management in Joint Ventures Using Chinese and Foreign Investment and its Implementing Rules. The labor contracts shall， after being signed， be filed with the local labor management department.

　　Article 41

　　The appointment of high-ranking administrative personnel recommended by both parties， their salaries， social insurance， welfare and the standard of travelling expenses etc. shall be decided by the meeting of the board of directors.

　　Chapter 14 Taxes， Finance and Audit

　　Article 42

　　The joint venture company shall pay taxes in accordance with the provisions of Chinese laws and other relative regulations.

　　Article 43

　　Staff members and workers of the joint venture company shall pay individual income tax according to the Individual Income Tax Law of the People s Republic of China.

　　Article 44

　　Allocations for reserve funds， expansion funds of the joint venture company and welfare funds and bonuses for staff and workers shall be set aside in accordance with the provisions of the Joint Venture Law. The annual proportion of allocations shall be decided by the board of directors according to the business situation of the joint venture company.

　　Article 45

　　The fiscal year of the joint venture company shall be from January 1 to December 31. All vouchers， receipts， statistic statements and reports shall be written in Chinese.

　　(Note： A foreign language can be used concurrently with mutual consent).

　　Article 46

　　Financial checking and examination of the joint venture company shall be conducted by an auditor registered in China and reports shall be submitted to the board of directors and the general manager. In case Party B considers it necessary to employ a foreign auditor registered in another country to undertake annual financial checking and examination， Party A shall give its consent. All the expenses thereof shall be borne by Party B.

　　Article 47

　　In the first three months of each fiscal year， the manager shall prepare the previous year s balance sheet， profit and loss statement and proposal regarding the disposal of profits， and submit them to the board of directors for examination and approval.

　　Chapter 15 Duration of the Joint Venture

　　Article 48

　　The duration of the joint venture company is ___________ years. The establishment date of the joint venture company shall be the date on which the business license of the joint venture company is issued. An application for the extension of the duration， proposed by one party and unanimously approved by the board of directors， shall be submitted to the Ministry of Foreign Trade and Economic Cooperation (or the examination and approval authority entrusted by it) six months prior to the expiry date of the joint venture.

　　Chapter 16 The Disposal of Assets after the Expiration of the Duration

　　Article 49

　　Upon the expiration of the duration， or termination before the date of expiration of the joint venture， liquidation shall be carried out according to the relevant laws. The liquidated assets shall be distributed in accordance with the proportion of investment contributed by Party A and Party B. Chapter 17 Insurance

　　Article 50

　　Insurance policies of the joint venture company on various kinds of risks shall be underwritten with the People s Republic of China. Types， value and duration of insurance shall be decided by the board of directors in accordance with the provisions of the People s Insurance Company of China. Chapter 18 The Amendment， Alteration and Termination of the Con- tract …… 此处隐藏：2793字，全部文档内容请下载后查看。喜欢就下载吧 ……