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This Confidentiality Agreement in two languages (English-Chinese) has the purpose of safeguarding certain sensitive information (especially commercial or technological secrets) which are brought forward in the process of negotiations between Chinese companies. It is normally used in negotiations performed prior to making distribution, supply, manufacture, license, franchise, and joint venture agreements, and generally speaking for any agreement which might entail prior supply of confidential information to a Chinese company.

The contract is adapted to the uses and commercial practices of the Chinese market and Chinese contract law (People's Republic of China Contract Law). Together with the contract, we provide a guide in English on Negotiating Contracts in China.

LEGAL WARNING

Depending upon your particular situation this contract might not meet your needs and requirements. In case of doubt, you should consult a legal advisor.Global Negotiator as publisher and copyright holder of this contract disclaims all warranties, whether express or implied, respecting the legal content of this contract. For any claims arising out or in connection with the use of this contract, Global Negotiator shall be limited to a refund of the purchase price.

INDEX

Parties

Clauses

1. Object of the

Agreement

2. Confidential

Information

3. Obligation of the

Parties

4. Exceptions from

confidentiality

obligations

5. Intellectual Property

Rights

6. Coming into force

and

duration of

Agreement

7. Delivery of

Confidential

Information

8. Notices

9. Law and jurisdiction

10. Language

Signatures

Schedules

CONFIDENTIALITY AGREEMENT FOR CHINA (ENGLISH-CHINESE)

Nº OF PAGES: 11 + 6 (Guide Negotiating Contracts in China)FORMAT: WordLANGUAGE: English-Chinese

http://www.globalnegotiator.com/international-contracts.html

DATE 日期: ..................................................................................................................

[Insert name of Company A] [ A公司名称 ]

("Company A") (" A公司 ")

[Insert name of Company B][ B公司名称 ]

("Company B")(" B公司 ")

CONFIDENTIALITY AGREEMENT保密协议

THIS AGREEMENT is made the day of .............................................................................. 本合同签署日期：

BETWEEN:

同：................................. [company legal name], a company incorporated in and existing under the laws of ..................., whose registered office is at ..................................... [address, city and country] (hereinafter "Company A”),

................................. [ 公司依法登记的名称 ], 公司依照 ................... 法成立并存在 , 注册登记地..................................... [地址、城市、国家] (以下称 " A 公司 "),

AND:和:

................................. [company legal name], a company incorporated in and existing under the laws of the People´s Republic of China, whose registered office is at ..................................... [address, city and country] (hereinafter “Company B”). ................................. [公司依法登记的名称 ], 公司依照 ...................法成立并存在 , 注册登记地..................................... [地址、城市、国家] (以下称 " B公司 "),

INTRODUCTION: 介绍:

I. Company A is a company with ............. nationality, which has far-reaching experience in the ................. sector, and whose core activity is manufacturing an distribution of the following products: ..........................................................................................................(hereinafter the "Products").

A 公司是一家..............公司，在...................方面有很多经验，主要经营业务是生产以下产品：................................................（以下简称 "产品"）

II. Company B is a company with Chinese nationality, which has far-reaching experience in the ………………. sector, and whose core activity is …………………….........................................

Ｂ公司为一家中国企业，在 …… …… 方面有很多经验，主要经营业务包括.......................................................................

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III. Presently, the two Parties are engaged upon a negotiation process, the final purpose of which is to ............................................................................. [describe the object of the negotiations: to establish a purchase/sale or supply agreement; to establish an agency, distribution, franchise, licence or technological transfer agreement; create a joint venture; mergers and acquisitions; etc .].

现在双方进入磋商程序，最终目的是 ............................................................ [ 磋商客体、建立购买或销售或供销合同、建立代理、分销、特许权、许可或技术转移协议、建立合资企业、并购等].

IV. That during the aforesaid negotiations, the two Parties will have to exchange sensitive and confidential information.

在前述的谈判中，双方将会交换敏感和保密信息。V. The Parties wish to regulate the way in which the aforesaid confidential

information will be handled. 双方期望规制掌握前述保密信息的方式。

IT IS HEREBY AGREED as follows:

协议内容如下：

1. OBJECT OF THE AGREEMENT

1. 协议客体The Parties agree that within the framework of the negotiations which are being carried out, there is a need to store certain information or data relating to the negotiations and the object thereof (hereinafter, "Confidential Information") which will have to be kept secret, in other words, be kept confidential, by each one of the Parties, in accordance with the terms and conditions of this Agreement.双方同意在协议框架内有必要储存与协商和需要保密的客体（以后 "简称保密信息"）相关的信息和数据，也就是依据协议条款和条件双方均需对这些信息保密。

2. CONFIDENTIAL INFORMATION

2. 保密信息For the purposes of this Agreement, Confidential Information shall be considered to be any information which could possibly be disclosed in speech, in writing or by means of any other tangible or intangible medium or format, currently known or which could be invented in the future, exchanged between the Parties as a result of this Agreement, and which either one of the Parties might consider to be confidential and might so convey it to the other Party.


按照协议的目的，保密信息不得在演说、书面或其他任何有形或无形的媒介或方式披露，信息包括已知和未知的，包括基于协议双方交换的信息，也包括一方视为保密并可能传达给另一方的信息。[Optional paragraph] [可选项 ]

Attached hereto as Schedule 1 of this Agreement, the Parties have included a "List of Confidential Information Elements" which shall be disclosed to the other Party, following the signing of this Agreement. Subsequently, the Parties will be able to add other Confidential Information Elements to the aforesaid list, and such elements shall also be considered thus for the purposes of the object of this Agreement.

依据协议附表１，双方制定了不得向第三方披露的保密信息清单，该附表附于协议签字页之后。双方也可添加其他的保密信息于该表之上，添加的信息也应被视为是为完成协议客体为目的。

3. OBLIGATION OF THE PARTIES

3. 双方的义务The Parties undertake to adopt the appropriate measures to ensure that the Confidential Information is handled confidentially. The aforesaid measures shall not be less thorough than those applied by the Parties to their own Confidential Information, and shall consist of:双方应确保采用适当的方式对掌握的信息进行保密。前述措施不得少于应用于双方对自己保密信息采取的措施，包括：(a) using the Confidential Information solely for the use for which it is intended; 保密信息的使用只能为了既定目的。(b) to allow access to Confidential Information only to natural persons or legal entities

which, in both cases, might render their services for either of the Parties, and which might need the aforesaid information in order to carry out tasks for which the use of this information is strictly necessary. For these purposes, the Party which receives the Confidential Information, shall inform the aforesaid natural persons or legal entities of their obligations as far as confidentiality is concerned, and ensure that the aforesaid obligations are complied with. The Parties undertake to take the necessary measures, both in respect of their employees and of third parties which might have any relation to this Agreement, to ensure that the contents of this Agreement are complied with;

允许自然人或法人接触机密信息，在这两种情况下，可能会致使他们的服务给任何一方，可能需要上述信息以便执行下一个任务，使用这些信息是绝对必要的。为了这些目的，接收方的机密信息，应当及时通知上述自然人或法人作为他们的义务直到机密


已被重视，并确保符合上述义务。双方将公平地采取必要措施，在尊重他们的员工和第三方可能有关本协议的内容，并确保内容符合本协议。(c) to inform the other Party of any leak of which it learns of, or which it could learn of,

arising from the breach of the Agreement or by inappropriate behaviour by persons who may have accessed the Confidential Information. The fact that this notification is made does not exempt the Party which has breached the Agreement from its responsibility, but if the aforesaid Party fails to comply with this obligation to notify the other Party, then that shall give rise to as many responsibilities could be caused by that particular omission;

当知道或可能知道该保密信息因为违约或因为掌握该保密信息的人的不正行为而导致泄露时应通知另一方。该通知并不意味着违约方因此而免责，是知悉保密信息泄露的一方若未能通知另一方，则需承担起因特别疏忽而导致的相关责任。(d) to restrict the use of Confidential Information exchanged between the Parties to that

information which is strictly necessary for complying with the object of this Agreement. The Party which receives the Confidential Information shall be held responsible for any use other than that which is strictly necessary, carried out by it or by natural persons or legal entities which may have been given access to the Confidential Information; and为了严格双方交换的和依照本协议所必须的保密信息的使用，收到保密信息的一方应有责任对该信息进行严格保密，合同一方、自然人或法律实体在得到授权的情况下才可以使用该信息; 和

(e) not to disclose or reveal Confidential Information of the other Party to third parties, unless it has been given express written authorisation by the other Party.

除非得到另一方的书面授权，否则不得向第三方披露或透漏保密信息。

4. EXCEPTIONS FROM CONFIDENTIALITY OBLIGATIONS

4. 保密义务的免责条款Without prejudice to the obligations laid down by national laws and/or assumed by the Party receiving the Confidential Information, the obligation requirements set out in the clauses of this Agreement shall not be applicable to that information for which the recipient Party might be able to demonstrate:不对基于法律或双方依据保密协议而产生的义务造成损害，本协议中列于条款上的义务要求不适用于接收方可能声明的以下信息：(a) that it was in the public domain at the time it was disclosed; 公开时为公共区域(b) that, after being disclosed, it was published or in some other way were to become part

of the public domain, without breaching its obligation of confidentiality;


公开后，在不违反保密义务的前提下，保密信息被出版或以其他方式成为公共区域的一部分。(c) that at the time the information was disclosed, it already possessed that information

by legal methods or were legally entitled to access the aforesaid information; 信息公开时，该信息已经被依法占有或依法律授权得到的上述信息;

(d) That it had prior written consent from the other Party to disclose the information; and

得到另一方的书面预先授权而披露该信息; 和(e) That the information has been requested by the competent Administrative or

Legal Authorities which will have to hand down an opinion regarding total or partial aspects of it, in which case the Party which might have to submit the information to the aforesaid authorities will have to inform the other Party before submitting the aforesaid information.行政主管或授权机关需要该信息但是基于全部或部分保密协议的考虑，当一方需要向上述机构提交上述信息时应在提交前通知另一方.

5. INTELLECTUAL PROPERTY RIGHTS

5. 知识产权Company B acknowledges and agrees that:B公司明确并同意：(a) it will not hold any Intellectual Property Rights of the Products and that Company

A owns all Intellectual Property Rights of the Products; and

Ｂ公司不得持有任何知识产权，Ａ公司拥有产品的全部知识产权; 和(b) it will not initiate any registration procedures in China or any other country of the

International Property Rights of the Products that belong exclusively to Company A. Ｂ公司不得在中国或其他国家注册属于Ａ公司专有的产品国际知识产权。

6. COMING INTO FORCE AND DURATION OF AGREEMENT

6. 协议的生效和有效期The Parties undertake to:双方承担：(a) keep this Agreement in force from the time it is signed, which is indicated in the

header, until...................... [insert date]; 协议自签字之日起生效，直到...................... [日期]


(b) to include, as part of the clauses of the Agreement they might sign, a Confidentiality Clause, in the same sense as this Agreement; and

包括签署的保密条款在内，均与本协议具有同等效力; 和

(c) to keep this Agreement in force during a period of ........ [insert number] years in the event that for any reason, they did not ultimately sign any Agreement, or in the event that the aforesaid Agreement did not include the Confidentiality Clause indicated in the previous paragraph.无论以何理由，如双方未最终签署本协议或前述协议中未包括前段指明的保密条款，本协议仍在........ [数字]年内有效。

7. DELIVERY OF CONFIDENTIAL INFORMATION

7. 保密信息的交付On termination of this Agreement, the Parties undertake to:本协议终止时双方应承担：(a) deliver to the other Party at its registered offices, or at any other given address,

the Confidential Information which might have been received during the validity of this Agreement; and将保密信息交付到另一方的注册机构或其他给定的地址，保密信息应在协议有效期内被另一方接收到; 和

(b) not to carry out any form of partial or total reproduction (copies, photocopies, photographs, plans or others), in any format, of the Confidential Information which has been received.收到的保密信息不得以任何形式（复印、影印、照片、计划或其他）部分或全部复制。

8. NOTICES

8. 通知All notices, requirements, requests, or other statements that might have to be made by the Parties with relation to this Agreement, will have to be made in writing, and shall be understood to have been properly made when they have been delivered by hand or have been sent by registered post to the address of the other Party indicated in the header of this Agreement, or any other address which each Party might indicate for these purposes.双方发出的所有通知、要求、请求或其他声明均应需以书面形式且与本协议有关，当通知亲自递交或邮递到本协议指明的另一方地址或其他地址时均能被准确理解。


9. LAW AND JURISDICTION

9. 法律和司法管辖权The Parties shall exercises their best efforts to resolve by negotiation any and all disputes, controversies or differences between them arising out or relating to this Contract.

合同双方应尽量协商解决由合同引起的或与合同相关的所有争议、矛盾和分歧。Alternative A

选项一If the dispute is not resolved by direct negotiation, it will be finally settled by legal proceedings and in accordance with the law of ................ [insert name of Company´s A country or China], unless the ....................... [Company A or Company B] as plaintiff wishes to pursue legal proceedings within the jurisdiction of the other Party’s headquarters.

如果争议未能通过直接协商解决，将最终通过法律途径解决。依据....................... 法律［A

公司所在国或中国］，除非作为原告的 .......................［A公司和 B公司］希望以另外一方总部所在地的法律为依据。Alternative B

选项二If the dispute is not resolved by direct negotiation, it will be finally settled by

如果争议未能通过协商解决，将通过以下方式解决：Alternative B.1

选择 B.1

arbitration in .............. [insert name of Company´s A country ]. There will be an Arbitration Tribunal comprising of three arbitrators. The arbitral award is final and binding on the Parties and enforceable in the courts of the countries in which the Supplier and Distributor are located. The place of arbitration shall be ............... [insert city] and the proceedings shall be carried out in the ................. [English or Chinese] language

在........................［A 公司所在国家名称］仲裁。仲裁法庭由三位仲裁员组成。仲裁结果是最终的，对合同双方都有约束力，在供应商和经销商所在国的法庭能执行。仲裁地点在 .......................[城市]，仲裁程序以 .....................[英语或中文]进行。Alternative B.2.

选择 B.2.


arbitration in accordance with the rules of the China International Economic and Trade and Commission (CIETAC) in effect at the time of applying for arbitration. The arbitral award is final and binding on the Parties and enforceable in the courts of the countries in which Company A and Company B are located. The place of arbitration shall be ............... [insert city] and the proceedings shall be carried out in the ................. [English or Chinese] language.

仲裁应依据申请仲裁时中国国际贸易经济委员会的仲裁规则进行。仲裁结果是最终的，对合同双方都有约束力，在Ａ公司和 B 公司所在国的法庭能执行。仲裁地点在 ....................... [城市]，仲裁程序以 ....................... [英语或中文]进行。

10. LANGUAGE

10. 语言The whole text of the present Contract and all documents derived from it, including the Schedule, have been written in English and Chinese, both versions being deemed authentic, but for legal purposes the text in ............. [English or Chinese] is to be given priority of interpretation.

本合同的全部内容及由此衍生的所有文件（包括所有附表）均应以中文和英文两种语言书写，这两种版本都是真实可信的。但法律上以 .......................［英文或中文］解释为主。Both Parties declare their conformity to the present Contract, which is signed in ...... [ insert number, usually 2] copies , each of which shall be considered original.

合同双方对合同协商一致，此合同共有 ..........份[份数，通常为２份]，每份均为原件。This Contract enters into force the date specified above.

本合同自上述日期起生效。SIGNED by a duly authorized representative of Company A and Company B.

由 A公司和Ｂ公司合法授权的代表人签署。SIGNED by 签字: ........................................................................

For and on behalf of Company A A公司代表Position 地点: ............................................................................

Date 日期 : ................................................................................

In the presence of 见证人 : ......................................................

SIGNED by 签字: ......................................................................For and on behalf of Company B B公司代表


Position 地点: ...........................................................................Date 日期 : ................................................................................

In the presence of 见证人: ........................................................


SCHEDULE 1

附表 1LIST OF CONFIDENTIAL INFORMATION ELEMENTS (Clause 2 - optional paragraph)

机密资料的元素列表（条款 2 - 可选项）

ELEMENTS OF CONFIDENTIAL INFORMATION

机密信息的要素

Company A

A 公司

Company B

B 公司


Although it is true that China has experienced great economic growth in recent years, it is important to bear in mind that until a few years ago China did not have private companies, or hardly any international lawyers firms. Consequently, the legal system and legal procedures and documents are considerably less developed than in the Western world. However, for companies trading in China, it is essential to use draft contracts to help in negotiations with Chinese companies and which can also provide legal certainty.

In this guide, we are going to analyse, first, why foreign companies doing business in China - be it export, import or manufacturing - should have their own clear and simple draft contracts, adapted to commercial practices in China and to its laws; and then, we shall offer guidelines on drawing up and negotiating the main clauses in contracts with Chinese companies such as: Exclusivity, Intellectual Property Rights, Confidentiality, Compensation, Place of Delivery and Form of Payment, Applicable Law, Arbitration, etc.

THE CONTRACT AS A NEGOTIATION INSTRUMENT IN CHINA

There is a belief that in China the agreements set out in contracts are often not complied with, and that the system does not provide sufficient legal guarantees; in this regard, it is widely thought that signing a contract is merely the start of the real negotiations. Therefore, it is essential for foreign companies to have contracts whose essential role is to reduce the risk of conflicts as much as it is possible: Chinese business culture is based on harmony between the Parties.

A contract which is efficient for regulating the relations between a foreign company and its Chinese partner will basically need to have three characteristics: clarity, compliance with obligations and threat of litigation.

Clarity

One of the negotiation strategies used by the Chinese is to answer "yes" to everything, even if they have not really understood the question, or do not agree -and they sometimes blame their interpreters for possible misunderstandings-. To avoid these situations which will compromise compliance with the agreements, contracts must be simple and clear. It is also advisable to have a version in two languages, English and Chinese, which will help the Chinese Party to understand the contract. A clear and simple contract will allow the foreign company to know what it may realistically expect from the Chinese company.


N E G O T I A T I N G C O N T R A C T S I N C H I N A

Preference in compliance with obligations

China has become the world's economic centre and its companies have a lot of proposals to do business with foreign companies. This privileged situation allows them to negotiate and reach similar agreements with several foreign companies at the same time. A contract clearly specifying the Parties' obligations and establishing a system of sanctions in the event of a breach of contract will be a competitive advantage for the foreign company. In other words, the Chinese company will honour its undertakings as a matter of priority with foreign companies with which it has signed contracts which are clearly expressed, compared to those with which it has not drawn up contracts, or with which it does have contracts but when these do not clearly specify the Parties' obligations.

Threat of litigation

The Chinese political system is quite authoritarian, and in this regard Chinese companies respect the law. On the other hand, it is important to take into account that in the annual Doing Business report carried out by the World Bank, China usually stands around the 20th position in the ranking (16 in 2012) of the 183 countries analysed, in the section of "Enforcing Contracts". Therefore, the threat of the foreign company of starting legal proceedings or using arbitration (depending on what has been stipulated in the contract) in the event of non-compliance by the Chinese Party will reinforce the negotiating position of the foreign company.

GUIDELINES FOR DRAWING UP THE MAIN CONTRACT CLAUSES IN CHINA

Having emphasised the usefulness for foreign companies of having clear and precise contracts to regulate their commercial relations with Chinese companies, we shall now analyse as follows the most important clauses and how they should be negotiated in accordance with Chinese commercial practices and laws. Exclusivity

Chinese companies, on the strength of their great negotiating power, often demand that the foreign company should grant them exclusivity in all - or part - of Chinese territory, for example in distribution or agency contracts. Foreign companies are advised, however, not to grant this exclusivity, because in addition to not being able to use other distribution channels, in the event of inefficient management by their Chinese partner, their access to the market would be suspended until the contract is terminated.

In any event, the thing to do is to make the exclusivity dependent on reaching a minimum sales target. If the Chinese partner were unable to meet such a target, the foreign company will be able to cancel the contract, or, alternatively, to continue but on a basis of non-


exclusivity so that it might be able to distribute its products in the same territory through other companies.

Intellectual Property Rights

This is an essential point in any contract with a Chinese company in light of the well-known difficulties faced by foreign companies in protecting intellectual property in China. A clause must be included whereby the Chinese partner acknowledges that these rights (patents, trademarks, designs, utility models) are the property of the foreign company, and also undertakes not to apply to register these rights in China or also in other countries. In any event, as well as including this clause in all contracts carried out in China, foreign companies are advised to seek legal advice regarding this matter and to consider the possibility of registering their Intellectual Property Rights in China.

Confidentiality

It is important to include a clause in all contracts stating that the Chinese company shall not be entitled to disclose to third parties technical or commercial information of the foreign company or to use the aforesaid information for proposals other than those set out in the contract, during the validity of the contract or once it is terminated. In negotiating complex contracts (OEM Manufacturing, License, Joint Venture) which may include the supply of technical and commercial information, even before the signing of the contract, it is essential to sign a Confidentiality Agreement with the Chinese company, clearly specifying what confidential information is considered to be, in other words what is called "List of Confidential Information".

Quality control

In China, the concept of quality differs from that which exists in the Western world. Therefore, companies which sign supply and manufacturing contracts in China must include a clause which exhaustively covers possible incidents or breaches which could arise in the quality of the products supplied. This clause must include matter such as the following, inter alia: permission to visit the Chinese manufacturer's installations, sending of samples representing the products which are to be manufactured, inspections during the production process, etc.

Required authorisations

Chinese laws regarding external trade and foreign investments are complex, and sometimes difficult to comply with by foreign companies, so that it is advisable that contracts include a Required Authorisations clause so that the Chinese Party shall be held responsible for requesting, processing and, lastly, obtaining all the necessary documents, such as licenses, certificates, import permits, etc.


Delivery and payment period specifications

In contracts with Chinese companies, it is important to clearly specify the place the goods are to be delivered. It will usually be a seaport which will have to be mentioned in the contract - if it is going to be the usual port - or in the shipment orders, as can happen in the supply and OEM manufacturing contracts.

As far as payment is concerned, the common practice is for the payment period (usually 30 days) to begin on the date the goods are inspected and approved in the port of origin, rather than on the shipping date or acceptance date of the goods at the destination.

Subcontracting

The more competitive Chinese companies often have a large number of proposals by foreign companies for distributing or manufacturing products in China. In these circumstances, it tends to subcontract part of its activities to other companies over which it does not have sufficient control. Therefore, contracts with Chinese companies should include a clause whereby the Chinese company is not allowed to subcontract its obligations to third parties. By this means, when the Chinese company does not have sufficient capacity, it shall subcontract the works of those foreign companies which do not have this clause in their contracts.

Compensation

Chinese law is less protectionist than in countries of the European Union or the United States when dealing with the right of compensation in the event of termination of contract. Thus, in the Compensation Clause the foreign company is recommended to choose the option of compensation in accordance with Chinese laws. Law and jurisdiction

In accordance with Chinese laws (PRC Civil Law), the Parties are allowed to choose the law and jurisdiction they wish to apply in contracts with foreign companies. This has been ratified in a Provision of the Popular Republic of China's Supreme Court (Provisions of the Supreme People´s Court on Certain Issues Concerning the Application of Law for the Hearing of Foreign-Related Civil or Commercial Contractual Disputes - 8 August 2007).

Nevertheless, in commercial practices Chinese companies refuse to sign contracts in which matters of litigation are not referred to the Courts or Arbitration Commissions of China. The questions of which procedure to choose will depend particularly on the power and influence of the Chinese Party and the prestige of the Court proposed by the Chinese company; as a general rule, it will be preferable to choose the alternative of Arbitration rather than the Court.


Arbitration

In contracts subject to Arbitration in China, it is advisable to act as follows:

Choose one of the Arbitration Commissions with most prestige and international experience: CIETAC (China International and Economic Trade Arbitration Commission) or BAC (Beijing Arbitration Commission). Chinese companies will not oppose at this point.

Regardless of where the central office of the Chinese company is located, it is preferable for the Arbitration to take place in Beijing or Shanghai, the two cities with most experience and the best arbitrators. The Chinese company could possibly propose another city, but they will usually accept one of these two cities.

At least one of the arbitrators must have a nationality which is not Chinese. Chinese companies will usually not oppose at this point.

The arbitration will be carried out in the English language. It is important to take into account that if no language is specified in the contract, the arbitration will be in Chinese. At this point, Chinese companies would be expected to object strongly, and might even use it as grounds for not signing the contract.

Language

In China, contracts are usually drawn up either in English or in a dual English-Chinese version. It is not common to sign contracts in other languages such as Spanish, French or German. For the version in Chinese, simplified Mandarin Chinese shall be used.

It is advisable to use the dual English-Chinese version as this will make it easier to negotiate the contract, and also help compliance with obligations and an amicable settlement in the event of conflict.

However, when using the English-Chinese dual version, the Chinese company would try to insist that the Chinese version prevails in the event of conflict.

Signatures

For the Chinese, signing a contract with a foreign company is an important act which is given a certain degree of protocol and which is usually celebrated with a banquet. When contracts are especially relevant, a local authority or national representative of the foreign company (Ambassador, Consul, Commercial Attaché, etc.) is often invited.


The persons who sign the contracts on behalf of each one of the Parties will have to have the same hierarchical range. Furthermore, it is common procedure for a witness to sign on behalf of each Party. Next to the signatures, the seal of each one of the companies should be stamped - this is because in accordance with Chinese law, contracts without a seal might be invalid.

Lastly, it is important to take into account that China is a huge country: each province has its own laws, rules and uses, which from the standpoint of business are just as important as national laws. In this regard, you are advised to seek assistance from professionals with local knowledge of the businesses, especially in operations with a certain degree of importance, which could give rise to conflicts with serious consequences for foreign companies.



http://www.globalnegotiator.com/en/international-contract-template-sample

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