财政部关于中外合作经营企业外国合作者先行回收投资资金来源问题

[93]财工字第393号
颁布日期：19931012 　实施日期：19931012 　颁布单位：财政部

　　CaiGongZi [1993]No.393

　　October 12， 1993

　　Finance Bureau of Qingdao：

　　Your request numbered QingCaiWaiJing [1993] No.27 for Instruction on Sources for Foreign Parties in Chinese-foreign Cooperative Ventures to Recover Investment ahead of Agreed Schedule was received. The official reply is hereby given as follows：

　　In accordance with Article 22 of the Law of the People's Republic of China on Chinese-foreign Contractual Joint¹ Ventures， if all fixed² assets of the contractual joint venture fall into the ownership of the Chinese party upon the end of contracted cooperation period， the Chinese party and the foreign party may agree in the contract that the foreign party may recover its investment ahead of the end of cooperation period. The main sources for the foreign party to recover its investment ahead of the contracted period include funds generated from depreciation³ of fixed assets and amortization⁴ of intangible assets， and profits realized by the enterprise. Investment recovery by foreign party in the form of accelerated depreciation is subject to the approval of finance and taxation⁵ authorities. The normal operation of the contractual joint venture must be ensured when the foreign party recovers its investment ahead of agreed schedule.