First, when concluding a joint venture contract, all parties should pay attention to their strengths and avoid weaknesses, and study each other at the destination according to their own advantages or disadvantages in technology, capital, equipment, resources and sales, so as to learn from each other's strengths. The fundamental purpose of a joint venture is to improve economic efficiency. Therefore, the development of horizontal economic alliance should be conducive to fully tapping the potential of enterprises, so as to achieve less investment, quick results, good product quality, large quantity and rapid technological progress. In practice, we should advocate horizontal economic union with large and medium-sized enterprises as the backbone and high-quality brand-name products as the leader.
Two, according to the situation to take the form of joint venture. Joint venture is not restricted by the boundaries of regions, departments and industries, and is not restricted by ownership; It can be a raw material production and processing enterprise, a military-civilian enterprise, an industrial, agricultural and commercial enterprise, and a joint venture between railway, highway, water transport and civil aviation enterprises.
These alliances can be specialization and cooperation, the sale of talents, resources, capital, technology and commodities. In addition, the organizational form of joint venture can be loose joint venture, partnership joint venture or legal person joint venture. In short, the conclusion of the joint venture contract should proceed from the actual situation of each party, and the form should be determined by the parties involved in the joint venture through agreement, rather than sticking to a certain model.
Three, the form of the contract should be in written form, and the joint venture contract concluded in oral form is invalid, which is determined according to the legal characteristics of the joint venture contract. Usually, the subjects involved in a joint venture contract are usually two or more parties, and the contract content is more complicated than the general contract. Moreover, the joint venture contract has a long performance period and has the characteristics of multiple performances, so it is impossible to settle it immediately. Therefore, the joint venture contract should be concluded in writing to determine the rights and obligations of all parties.
4. Go through the necessary examination and approval procedures. In accordance with the laws and regulations on joint ventures, a legal person joint venture contract shall be signed. After the parties to the joint venture reach an agreement, they shall report it to the authorized department of the local government for approval, and the administrative department for industry and commerce shall handle the registration in accordance with relevant regulations and issue a business license to the enterprise as a legal person. Only then can production and business activities be carried out within the approved business scope. The conclusion of a partnership contract must be registered by the administrative department for industry and commerce and issued with a business license, which is the proof of the legitimate operation of the partnership.
Although there is no need to go through the formalities of examination and approval and registration, some necessary protective measures should be taken for major or long-term joint venture agreements, such as applying for notarization or providing effective guarantees by the other party to ensure the authenticity and legitimacy of the contract. However, notarization and guarantee are not necessary conditions for the establishment of a contract except as effective conditions for the contract.