1985.07.01
STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON ECONOMIC CONTRACTS
INVOLVING FOREIGN INTEREST
(Adopted at the Tenth Session of the Standing Committee of the
Sixth National People's Congress and promulgated by Order No. 22 of
the President of the People's Republic of China on March 21, 1985,
and effective as of July 1, 1985)
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II THE CONCLUSION OF CONTRACTS
CHAPTER III THE PERFORMANCE OF CONTRACTS AND LIABILITY FOR
BREACH OF A CONTRACT
CHAPTER IV THE ASSIGNMENT OF CONTRACTS
CHAPTER V THE MODIFICATION, RESCISSION AND TERMINATION OF CONTRACTS
CHAPTER VI THE SETTLEMENT OF DISPUTES
CHAPTER VII SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS
@@ Article 1. This Law is formulated with a view to protecting the
lawful rights and interests of the parties to Chinese-foreign
economic contracts and promoting the development of China's foreign
economic relations.
@@ Article 2. This Law shall apply to economic contracts concluded
between enterprises or other economic organizations of the
People's Republic of China and foreign enterprises, other economic
organizations or individuals. (hereinafter referred to as "
contracts" ). However, this provision shall not apply to international
transport contracts.
@@ Article 3. Contracts shall be concluded according to the
principle of equality and mutual benefit and the principle of
achieving agreement through consultation.
@@ Article 4. In concluding a Contract,the parties must abide by
the law of the People's Republic of China and shall not harm the
public interest of the People's Republic of China.
@@ Article 5. The parties to a contract may choose the
proper law applicable to the settlement of contract disputes. In the
absence of such a choice by the parties, the law of the country
which has the closest connection with the contract shall apply.
The law of the People's Republic of China shall apply to contracts
that are to be performed within the territory of the People's
Republic of China, namely contracts for Chinese-foreign equity joint
ventures, Chinese-foreign contractual joint ventures and
Chinese-foreign cooperative exploration and development of natural
resources.
For matters that are not covered in the law of the People's
Republic of China, international practice shall be followed.
@@ Article 6. Where an international treaty which is relevant
to a contract, and to which the People's Republic of China is a
contracting party or a signatory, has provided differently from the
law of the People's Republic of China, the provisions of the
international treaty shall prevail, with the exception of those
clauses on which the People's Republic of China has declared
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