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	DECISION ON THE AMENDMENT TO THE LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON CHINESE-FOREIGN JOINT VENTURES (2001)

	(No. 48 [2001] adopted at the fourth session of the Ninth National People's Congress on March 15, 2001)


SUBJECT : CHINESE-FOREIGN JOINT VENTURES; AMENDMENTS
ISSUING DEPARTMENT : THE NATIONAL PEOPLE'S CONGRESS OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 03/15/2001
IMPLEMENT DATE : 03/15/2001
LENGTH : 390 words
TEXT :

The fourth session of the Ninth National People's Congress has decided to make the following amendments to the Law of the People's Republic of China on Chinese-foreign Joint Ventures:

I. The second paragraph of Article 2 shall be amended to: "Joint ventures shall follow the provisions of the laws and regulations of the People's Republic of China in all their activities."

II. The fourth paragraph of Article 6 shall be amended to: "Contracts shall be entered into in accordance with the law to prescribe the recruitment, dismissal, remuneration, welfare, labor protection, labor insurance, etc.."

III. An article shall be added as Article 7: "The staff employees of the joint venture establishes trade unions in accordance with the law, carry out the activities of the trade union and defend the lawful rights and interests of the employees.

Joint ventures shall provide necessary conditions for the activities of the trade unions thereof."

IV. Article 8 shall become Article 9 instead, and the fourth paragraph of which shall be changed into: "All insurances of joint ventures shall be procured at the insurance companies within the territory of the People's Republic of China."

V. The first paragraph of Article 9 shall be deleted.

VI. Article 9 shall become Article 10 instead. After the change, the second paragraph of original Article 9 shall become the first paragraph of Article 10, which goes: "The Joint venture may purchase the materials such as raw materials, fuels, etc. as needed within the approved scope of business either on the domestic or international market according to the principle of fairness and reasonableness."

VII. Article 14 shall be become Article 15 and a paragraph shall be added as the second paragraph: "Where no arbitration clauses have been included in the joint venture contract or no written arbitration agreement have been reached after a dispute arises, any party may bring a suit with the people's court."

VIII. The provision of Article 15 that "The power to amend this Law remains with the National People's Congress" shall be deleted.

In addition, corresponding adjustments shall be made in accordance with this decision concerning the sequence of the relevant articles.

This decision comes into force on the day of promulgation.

The Law of the People's Republic of China on Chinese-foreign Joint Ventures shall be amended in accordance with this law and promulgated anew.