技术引进和设备进口贸易工作管理暂行办法 Administration of Trade in Importation of Technology and Equipment Tentative Pro

[1996]外经贸技发第201号
（Promulgated by the Ministry of Foreign Trade and Economic Co-operation on， and effective as of， 22 March 1996.）
颁布日期：19960322 　实施日期：19960322 　颁布单位：对外贸易经济合作部

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Procedures are formulated in order to meet the needs of developing the socialist market economy， to promote the healthy development of technology and equipment imports， to maintain order in the technology and equipment import business， to regulate the technology and equipment import business， to improve the administration of technology and equipment import contracts and to establish an information system in respect of technology and equipment imports.

　　PART TWO　SCOPE OF APPLICATION

　　Article 2　These Procedures shall apply to the obtaining of technology and/or equipment by legal persons （including Sino-foreign equity and co-operative joint ventures and wholly foreign-owned enterprises）， natural persons and other organizations in the PRC from legal persons， natural persons and other organizations outside the PRC by means of trade or co-operation， including：

　　1. licensing or assignment of patents；

　　2. licensing or assignment of proprietary technology；

　　3. import of computer software；

　　4. licensing or assignment of trademarks involving the matters mentioned in Items （1） and （2） above；

　　5. technical consultancy；

　　6. technical services；

　　7. co-operative designing， co-operative research， co-operative development；

　　8. co-operative production；

　　9. import of complete sets of equipment and production lines；

　　10. import of key equipment；

　　11. others.

　　Article 3　The import of technology and/or equipment contributed as capital at the time of establishment of a Sino-foreign equity or co-operative joint venture or a wholly foreign-owned enterprise shall be handled in accordance with the PRC， Sino-foreign Equity Joint Venture Law and the Implementing Regulations issued thereunder.

　　PART THREE　AUTHORITIES FOR ADMINISTRATION OF TRADE IN CONNECTION WITH THE IMPORT OF TECHNOLOGY AND EQUIPMENT

　　Article 4　The authorities for administration of trade in connection with the import of technology and equipment shall be the Ministry of Foreign Trade and Economic Co-operation of the PRC and the department， commission or bureau of foreign trade and economic co-operation of each province， autonomous region， centrally-governed municipality and special economic zone authorized by the said ministry （“Foreign Trade Administration Authorities”）。

　　Article 5　The Ministry of Foreign Trade and Economic Co-operation shall be responsible for the administration of foreign trade in connection with any technology and/or equipment import projects approved by the functional departments of the State Council and enterprises with independent development plans authorized by the State Council. The Ministry of Foreign Trade and Economic Co-operation authorizes the department， commission or bureau of foreign trade and economic co-operation of each province， autonomous region， centrally-governed municipality and special economic zone to be responsible for the administration of foreign trade in connection with any technology and/or equipment import projects approved by the functional departments of the People's Governments of the provinces， autonomous regions， centrally-governed municipalities and special economic zones.

　　Article 6　The Foreign Trade Administration Authorities shall participate in preparatory work such as the determination of technology import projects in accordance with the limits of their authority.

　　PART FOUR　ADMINISTRATION OF THE UNDERTAKING OF， OR ACTING AS AGENT FOR， TECHNOLOGY AND/OR EQUIPMENT IMPORT PROJECTS

　　Article 7　A system shall be implemented under which the undertaking of， or acting as agent for， the handling of

foreign-related commercial matters in connection with technology and/or equipment import projects is validated through registration.

　　Article 8　Legal persons or organizations with the right to engage in foreign trade （“Foreign Trade Units”） may undertake on their own， or freely appoint other Foreign Trade Units as agents for， the handling of foreign-related commercial matters in connection with their technology and/or equipment import projects.

　　Legal persons or organizations without the right to engage in foreign trade may freely appoint Foreign Trade Units as agents for foreign-related commercial matters in connection with their technology and/or equipment import projects.

　　The two parties shall enter into a formal agency agreement in accordance with the Foreign Trade Agency System Tentative Provisions promulgated by the Ministry of Foreign Trade and Economic Co-operation of the PRC on 29 August 1991.

　　Article 9　After Foreign Trade Units undertake， or accept appointment as agents for， the handling of foreign-related commercial matters in connection with technology and/or equipment import projects， they shall register with the Foreign Trade Administration Authorities.

　　Article 10　To register the undertaking of or acting as agent for a technology and/or equipment import project， the following conditions must be met：

　　1. the applicant has the right to engage in foreign trade； and

　　2. the application procedures for registration of the undertaking of or acting as agent for the technology and/or equipment import project have been completed （including the Registration Form for the Undertaking of or Acting As Agent for a Technology and/or Equipment Import Project and a photocopy of the agency agreement duly entered into by the parties）。

　　Article 11　The Foreign Trade Administration Authorities shall decide whether or not to grant registration within 15 working days after receipt of a complete set of application documents.

　　Article 12　After the registration procedures have been found to be in order， the Foreign Trade Administration Authorities shall issue the Registration Form for the Undertaking of or Acting As Agent for a Technology and/or Equipment Import Project after having added thereto the special seal for validation through registration and having given it a serial number.

　　Registration Forms for the Undertaking of or Acting As Agent for a Technology and/or Equipment Import Project shall be centrally printed by the Ministry of Foreign Trade and Economic Co-operation.

　　Article 13　After having obtained registration， Foreign Trade Units shall carry out the foreign-related commercial matters in connection with the project and， together with the project unit， carry out the respective procedures for the administration of technology and/or equipment imports in accordance with State regulations.

　　Article 14　After registration of the undertaking of or acting as agent for a technology and/or equipment import project， if the relationship between the parties truly needs to be modified or rescinded， registration procedures shall be carried out anew with the Foreign Trade Administration Authorities or the registration with the Foreign Trade Administration Authorities shall be canceled.

　　PART FIVE　ADMINISTRATION OF TECHNOLOGY AND/OR EQUIPMENT IMPORT CONTRACTS

　　Article 15　A system shall be implemented under which technology and/or equipment import contracts become effective upon registration， except where current laws and regulations of the State contain other， special provisions.

　　Article 16　Technology and/or equipment import contracts which have been executed may not：

　　1. violate relevant laws of the PRC；

　　2. violate relevant provisions of the PRC， Administration of Technology Import Contract Regulations or the Implementing Rules issued thereunder； or

　　3. violate international obl

igations undertaken by the PRC.

　　Article 17　Foreign Trade Units shall apply to the Foreign Trade Administration Authorities for registration of a technology and/or equipment import contract within 30 days after the due execution thereof.

　　Article 18　The following documents shall be produced when registering a technology and/or equipment import contract：

　　1. a photocopy of the legal document showing that the work unit has the right to engage in foreign trade；

　　2. a photocopy of the Registration Form for the Undertaking of or Acting as Agent for a Technology and/or Equipment Import Project； and

　　3. a completed Application Form for Registration of a Technology and/or Equipment Import Contract.

　　Article 19　Foreign Trade Administration Authorities shall decide whether or not to grant registration and entry into effect of a technology and/or equipment import contract within 30 working days of receiving a complete set of application documents for the registration of such contract.

　　Article 20　After Foreign Trade Administration Authorities have verified a technology and/or equipment import contract and confirmed that it complies with regulations， they shall issue a Certificate of Registration and Entry Into Effect of a Technology and/or Equipment Import Contract centrally printed and numbered by the Ministry of Foreign Trade and Economic Co-operation.

　　Article 21　Relevant State authorities shall carry out relevant procedures on the strength of the Certificates of Registration and Entry Into Effect of a Technology and/or Equipment Import Contract of the Foreign Trade Units.

　　Article 22　Any change in a technology and/or equipment import contract that has been registered and become effective must be declared to the Forei

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