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REPLY TO THE LETTER OF THE MINISTRY OF COMMERCE CONCERNING DETERMINATION OF WHETHER THE "PROVISIONS ON SOME ISSUES CONCERNING THE TRIAL OF CIVIL DISPUTE CASES WITH RESPECT TO THE RESTRUCTURING OF ENTERPRISES" IS APPLICABLE TO FOREIGN INVESTMENT |
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(No.13 [2003] of the Supreme People's Court promulgated on October 20, 2003) |
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SUBJECT : LEGAL INTERPRETATION; CIVIL DISPUTES; FOREIGN INVESTMENT |
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA |
ISSUE DATE : 10/20/2003 |
IMPLEMENT DATE : 10/20/2003 |
LENGTH : 163 words |
TEXT : |
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Regarding your Letter for Determination of Whether the "Provisions on Some Issues concerning the Trial of Civil Dispute Cases with Respect to the Restructuring of Enterprises" Is Applicable to Foreign Investment of No. 33 [2003] of the Ministry of Commerce, which was sent to us on September 12, 2003, we hereby make the following reply after deliberation:
Although the joint venture and cooperation between Chinese enterprises and foreign enterprises, and the investment of foreign enterprises in China do involve the alteration of owners, assets and capital of enterprises, and the shareholders thereof, they don't fall within the scope of restructuring of state-owned enterprises, and there are special laws and regulations to regulate them, therefore the foreign investment acts shall not be regulated by the above-mentioned judicial interpretation.
Letter of the Ministry of Commerce concerning the Determination of Whether the "Provisions on Some Issues concerning the Trial of Civil Dispute Cases with Respect to the Restructuring of Enterprises" Is Applicable to Foreign Investment (Omitted)
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