What Sino-foreign joint ventures are there?

Question 1: What Sino-foreign joint ventures are there in China? Sino-foreign joint ventures are all bluffing, such as Ping An Insurance, Wahaha, FAW-Volkswagen, Shanghai Volkswagen and Guangzhou Honda. There are many industries, and the automobile industry is the most.

Question 2: What is a foreign-funded enterprise? A foreign-funded enterprise refers to an enterprise established in China according to the laws of People's Republic of China (PRC), which is jointly invested by China investors and foreign investors or invested by foreign investors alone.

(2) Types of foreign-invested enterprises

Foreign-funded enterprises are a general concept, including all foreign-invested enterprises. According to the different shares and share ratios of foreign investors in the registered capital and assets of enterprises and other legal characteristics, foreign-invested enterprises can be divided into three types:

1. Sino-foreign joint ventures. 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.

2. Chinese-foreign cooperative enterprises. Its main legal features are: there is no mandatory requirement for foreign investors to participate in the registered capital of enterprises; Enterprises adopt flexible ways of organization and management, profit distribution and risk burden. Therefore, this kind of joint venture is called contractual joint venture.

3. Joint venture. Its main legal feature is that all the capital of an enterprise belongs to foreign investors.

Second, the concept of foreign-funded enterprises and the legislation of foreign-funded enterprises in China

(A) the concept of foreign-funded enterprises

Foreign-funded enterprises refer to the general name of laws and regulations on the organization and activities of foreign-funded enterprises, and it is a legal system formed by many legislative norms on foreign-funded enterprises. Its main contents include organizational form, establishment and registration procedures, legal status, investment relations, legal documents, rights and obligations of Chinese and foreign parties, organizational structure, operation and management, labor relations, taxation, foreign exchange management, dissolution and liquidation, etc.

(B) China's legislation on foreign-funded enterprises.

The legislation of foreign-funded enterprises in China has been gradually established and continuously improved with the reform and opening-up policy of China, and a relatively complete legislative system of foreign-funded enterprises has been formed so far. Among them, the important laws and regulations are: Law on Chinese-foreign Joint Ventures, Law on Chinese-foreign Cooperative Ventures, Regulations on the Implementation of the Law on Chinese-foreign Joint Ventures, Regulations on Encouraging Foreign Investment, Detailed Rules for the Implementation of the Law on Foreign-funded Enterprises, Detailed Rules for the Implementation of the Law on Chinese-foreign Cooperative Ventures and some supplementary provisions.

Three. Legal protection and jurisdiction of foreign-funded enterprises

Foreign-funded enterprises established in China are not only protected by the laws of China, but also governed by the laws of China. Foreign-funded enterprises must abide by the laws and regulations of China and shall not harm the social interests of China. Relevant state organs shall manage and supervise foreign-invested enterprises according to law. In order to protect the legitimate rights and interests of foreign-funded enterprises, the state does not nationalize and expropriate joint ventures and foreign-funded enterprises. Under special circumstances, according to the needs of social interests, it can be levied in accordance with legal procedures and given corresponding compensation.

Concepts and types of foreign-funded enterprises

(A) the concept of foreign-funded enterprises

A foreign-funded enterprise refers to an enterprise established in China according to the laws of People's Republic of China (PRC), which is jointly invested by China investors and foreign investors or invested by foreign investors alone.

(2) Types of foreign-invested enterprises

Foreign-funded enterprises are a general concept, including all foreign-invested enterprises. According to the different shares and share ratios of foreign investors in the registered capital and assets of enterprises and other legal characteristics, foreign-invested enterprises can be divided into three types:

1. Sino-foreign joint ventures. 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.

2. Chinese-foreign cooperative enterprises. Its main legal features are: there is no mandatory requirement for foreign investors to participate in the registered capital of enterprises; Enterprises adopt magical ways of organization and management, profit distribution and risk burden. Therefore, this kind of joint venture is called contractual joint venture.

3. Joint venture. Its main legal feature is that all the capital of an enterprise belongs to foreign investors.

The Concept of Foreign-funded Enterprises and Legislation of Foreign-funded Enterprises in China

(A) the concept of foreign-funded enterprises

Foreign-funded enterprises refer to the general name of laws and regulations on the organization and activities of foreign-funded enterprises, and it is a legal system formed by many legislative norms on foreign-funded enterprises. Its main contents include organizational form, establishment and registration procedures, legal status, investment relations, legal documents, rights and obligations of Chinese and foreign parties, organizational structure, operation and management, labor relations, taxation, foreign exchange management, dissolution and liquidation, etc.

(B) China's legislation on foreign-funded enterprises.

The legislation of foreign-invested enterprises in China has been gradually established and continuously improved with China's reform and opening-up policy, and a relatively complete legislative system of foreign-invested enterprises has been formed so far, among which the important laws and regulations are: Sino-foreign joint venture law, Sino-foreign cooperative venture law and Sino-foreign joint venture law ... >>

Question 3: What are the Korean-American joint venture pharmaceutical companies? Sino-American SmithKline.

Question 4: What types of enterprises do foreign enterprises include? Enterprises with foreign investment include:

1, Sino-foreign joint ventures 2 stimulate Sino-foreign cooperation 3, foreign-funded enterprises 4, investment by foreign-invested enterprises.

Question 5: What is the difference between a Sino-foreign joint venture and a Sino-foreign cooperative enterprise? Sino-foreign joint ventures, also known as contractual joint ventures. At first, it was a flexible form for Guangdong Province to organize joint ventures to use foreign capital flexibly, and then it was gradually extended to Fujian and other provinces and cities. Its legal status and organizational form are basically the same as those of Sino-foreign joint ventures, but it has the following characteristics in practice:

(1) When it was first established, China generally only invested in land use rights, and foreign investors invested in kind or cash;

(2) The investment ratio and equity ratio of the parties to the joint venture are not determined by monetary calculation, and the obligations, rights and profit distribution shares of the parties are written into the contract after consultation according to different situations and conditions;

(3) The profits of the enterprise shall be distributed among the parties to the joint venture according to the contract, and the losses shall generally be borne by the foreign party, limited to the cash or kind invested by it;

(4) The remaining property at the expiration or early termination of the contract shall be owned by the Chinese side free of charge and shall not be distributed among the parties to the joint venture. As far as China is concerned, this joint venture can solve the problem of insufficient funds. As far as foreign countries are concerned, it is generally profitable for both sides to recover their investment after obtaining more profits, and the examination and approval procedures and procedures are relatively simple, so it has developed rapidly. By the end of 1985, Chinese-foreign contractual joint ventures had not yet been legislated. Except for the income tax law applicable to foreign enterprises, other aspects shall be handled with reference to the relevant provisions of the Sino-foreign Joint Venture Law.

Holding Sino-foreign joint ventures is an important form of utilizing foreign capital. In this way, the investment risks are shared by all parties to the joint venture, and China is not directly responsible for repaying the principal and interest. More importantly, because the interests of all parties to the joint venture are closely related, foreign joint ventures also pay attention to the operating results of the enterprise.

Chinese-foreign cooperative enterprises refer to enterprises that sign cooperative production and operation contracts through the establishment and completion of a project; It is a contractual economic organization, with or without equity. The rights and obligations of the parties to the venture, including investment or cooperation conditions, income or product distribution, risk and loss sharing, management measures and property ownership upon termination of the venture, shall be negotiated by the Chinese and foreign parties, and the cooperation agreement and contract shall be specified in the contractual joint venture contract. The contract signed by both parties must be approved by the examination and approval authority. Protected by national laws, both parties shall perform their respective obligations as agreed in the contract.

Cooperative enterprises can generally be divided into two categories:

1, a contractual joint venture with legal personality.

A cooperative operation with legal person status refers to the establishment of a cooperative operation entity with independent property rights and independent personality according to law, which can exercise civil rights and litigation rights in its own name. In order to effectively realize cooperative development projects, such enterprises conclude articles of association through consultation among partners, establish an independent enterprise organization, set up a board of directors as the highest authority of the enterprise, and assume responsibility for their debts with all their property, while Chinese and foreign partners assume responsibility for the enterprise within the limits of their investment or cooperation conditions. Internationally, this cooperative management mode belongs to the category of partnership management; A limited partnership is one in which the partners assume responsibilities within the scope of the cooperation conditions provided. In China, considering the liability form of a cooperative enterprise with legal personality, it can be registered as a limited liability company as long as it meets the provisions of the company law.

2. unincorporated cooperative enterprise

Contrary to a contractual joint venture with legal personality, a contractual joint venture with legal personality has no independent property ownership, only the right to operate and use. When a contractual joint venture has a lawsuit, all parties to the contractual joint venture shall bear legal responsibilities according to their respective capabilities. All parties to a contractual joint venture without legal person status, whether contributing capital or providing other materials or industrial property rights as cooperation conditions; All of them are owned by the partners respectively, and can be owned by both parties through negotiation (including some of them are owned separately and some are owned by * * *). Property accumulated by operating such enterprises; According to national laws, it belongs to both parties. The management of an enterprise can be a joint management organization established by both parties, or it can be entrusted to one of the cooperative operators. This kind of cooperative operation is usually an unlimited partnership in the world, and all parties to the cooperative operation bear civil liability in the form of unlimited liability.

Question 6: How can we know which companies are foreign-funded enterprises? The company you mentioned should not be registered in China. This kind of company is not a foreign-funded enterprise, but an overseas company. In the investigation of overseas companies, we must first find out which country it is registered in, and then we can find out the company information through the industrial and commercial registration department of that country. However, the foreign company registration system is generally loose (foreign companies are easy to set up and difficult to operate), so it is difficult to really find them. It is suggested to judge the legality and rationality of the positions provided by such companies in the future (generally, companies that export or dispatch cross-border labor services will file with the labor bureau), and you can start with the labor bureau to confirm. What's more, when the company signs a contract with you, don't sign it yet. Looking for a lawyer to look at the contents of the contract can also avoid being fooled to a certain extent (fraudulent company contracts can be seen by lawyers with loopholes).

Is this ok?

Question 7: What does a Sino-foreign joint venture group mean? A Sino-foreign joint venture group, that is, a Sino-foreign joint venture, refers to a joint venture established by foreign companies, enterprises and other economic organizations or individuals established in China in accordance with the relevant laws of China, together with China companies, enterprises or other economic organizations, that is, investors of two or more different nationalities, in accordance with the Company Law on Joint Ventures and the Regulations on the Administration of Registration of Enterprise Legal Persons. (Applicable to Hong Kong, Macao and Taiwan)

Question 8: Which enterprises are Chinese-foreign cooperative enterprises? They refer to enterprises jointly established by China partners and foreign partners in China according to the laws of People's Republic of China (PRC), which distribute profits or products and share risks and losses according to the contractual joint venture contract. Characterized in that:

1. A Chinese-foreign contractual joint venture is a cooperative venture. The investment of the Chinese and foreign parties or the cooperation conditions provided by them shall not be converted into shares, that is, the investment of each party shall not be priced or converted into shares, and the income or product distribution ratio, risk and loss sharing of the Chinese and foreign parties shall be stipulated in the contractual joint venture contract. In other words, the contractual joint venture contract is the basic basis for the establishment of an enterprise, and the rights and obligations of all parties to the joint venture do not depend on the investment ratio and shares, but on the contractual joint venture contract. This is obviously different from Sino-foreign joint ventures, which are equity joint ventures. Therefore, cooperative enterprises are called contractual joint ventures, and joint ventures are called equity joint ventures.

2. The organizational forms of Chinese-foreign contractual joint ventures are diversified, that is, Chinese and foreign parties can jointly establish a contractual joint venture with legal personality or a contractual joint venture 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.

3. 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.

4. 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.

Example 1: The first industrial joint venture in China was established by Swiss Sehindler Elevator Company on 1980. In February 2002, the partners of the joint venture company were acquired, making China Schindler Elevator Co., Ltd. with a long history a wholly-owned subsidiary.

Example 2: On September 10, 2000, Beijing No.2 Chemical Plant officially announced that it had reached an agreement with Procter & Gamble (China) Co., Ltd. to terminate the trademark use contract of "Panda" ahead of schedule and take back the brand of "Panda" that had been used together for six years. Prior to this, in June, 2000, this multinational company with the 50-year right to use the "Panda" brand had terminated its joint venture with Beijing No.2 Daily Chemical Plant ahead of schedule-the joint venture became a wholly foreign-owned enterprise.

According to media reports, the shareholding ratio of several joint ventures affiliated to Procter & Gamble Group, a daily chemical giant, has changed dramatically recently, and foreign investors are trying their best to reduce China's shares as much as possible. In a joint venture factory of Procter & Gamble, the Chinese share dropped from the initial 50% to the present 1%, and this L% was symbolically retained at the repeated request of the Chinese side.

Question 9: There are many foreign-funded enterprises. A brief list of well-known foreign companies in Chinese mainland and their recruitment positions is as follows: Wal-Mart ranks first among the world's top 500 companies (turnover) and is recruiting porters and cashiers. G: Fortune 500 companies rank first (in terms of total assets) and are recruiting security guards and warehouse keepers. Toyota: the world's number one automobile manufacturer, is recruiting workers to screw on the production line. KFC: No.1 fast food restaurant in the world, please wait for a waiter. Portuguese Casino: the big brother of the world's casinos, recruiting Dutch officials (bookmakers). Lehman Brothers Bank: 158, a senior investment bank, looking for the general manager of China. Because it just went bankrupt, it needs a new general manager to deal with the bankruptcy. Retail: Metro, Carrefour, The Home Depot, Automobile: Honda, Suzuki, General Motors, Volkswagen, BMW, Mercedes-Benz, IT: IBM, SAP, Dell, Hewlett-Packard, Microsoft, Manufacturing: Mitsubishi, Fuji, Casio, Xerox, LG, Samsung, Hyundai, Daewoo, Other Food and Beverage: Coca-Cola, Pepsi-Cola. Cafe de coral (Hong Kong) financial industry: AIG/AIA, Merrill Lynch, Goldman Sachs, JPMorgan Chase, Floral Bank, HSBC and other service industries: Portuguese casinos (Macau), foreign-funded hotels,

Question 10: What is the ownership nature of Sino-foreign joint ventures?

A Chinese-foreign equity joint venture refers to an enterprise in which the China joint venture and the foreign joint venture have the same investment and capital in China according to the laws of People's Republic of China (PRC), and share the profits, risks and losses in proportion to the investment.

The nature of enterprise investment and operation

Sino-foreign joint ventures are also called equity joint ventures. It is a joint venture between foreign companies, enterprises and other economic organizations or individuals and China companies, enterprises or other economic organizations in China. It is characterized in that all parties to the joint venture * * * jointly invest, * * * jointly operate, * * * bear risks, and * * * make profits and losses according to their respective investment proportions. The capital contribution of each party is converted into a certain proportion of capital contribution, and the proportion of capital contribution of the foreign joint venture is not less than 25%, otherwise it cannot enjoy the preferential policies for foreign investment.

Sino-foreign joint ventures are the earliest and largest enterprises that utilize foreign direct investment in China. At present, it still accounts for a considerable proportion in attracting foreign investment. Investors in China cannot be individuals, but must be enterprises, legal persons and other economic organizations. Foreign investors can be natural persons or legal persons. If a limited company is acquired by a foreign company, China investors can be natural persons with special approval.

Characteristics of Sino-foreign joint ventures

(1) The joint venture is a legal person established in China with the approval of China. They must abide by the laws and administrative regulations of China and be protected by the laws and administrative regulations of China.

One party of the joint venture is not a China joint venture, and the other party is a foreign joint venture.

The joint venture is organized as a limited liability company.

(4) All parties to a Sino-foreign joint venture * * * jointly invest in * * * joint operation, bear risks according to the proportion of their respective contributions, and * * * make profits and losses.