中华人民共和国技术引进合同管理条例施行细则 Detailed Rules for the Implementation of the Regulations on Administration of

of the contract. If special circumstances demand that the duration shall exceed the term of the contract， it shall be expressly specified in the contract， and reasons shall be made when applying for examination and approval.

　　Within the duration in which the recipient undertakes the obligation to keep confidential， if the technology is publicized not owing to the recipient， obligations to keep confidential undertaken by the recipient shall be immediately terminated. If it is specified in the contract that the supplier provides its developed and improved technology to the recipient within the term of validity of the contract， the recipient may continue to undertake the obligations of keeping-confidential after expiration of the contract. In that case， the duration for keeping confidential shall begin from the date when the supplier provides the technology but not exceed the duration specified in the original contract.

　　Article 14 No provisions of restrictions on exportation of products manufactured by the recipient with the imported technology may be included in the contract without the approval of the competent authority， however， either of the following cases shall be excepted：

　　1. In countries and regions where exclusive license contracts have been concluded by the supplier；

　　2. In countries and regions where sole agent contracts have been concluded by the supplier.

　　Article 15 No provision of prohibitions to be imposed on the recipient to continue using the imported technology after expiration of the contract maybe included in the contract without approval of the competent authority. Where the contract has expired but the duration of the patent relating to the imported technology has not expired， the relevant stipulations of the “Patent Law of the People's Republic of China” shall govern.

　　Article 16 The supplier shall pay taxes in accordance with the provisions of the Tax Law of the People's Republic of China.

　　Article 17 The recipient or companies， enterprises acting as its agents who have concluded the technology import contracts shall， in accord

ance with the provisions of Article 6 of the Detailed Rules， submit to the competent authority within thirty days from the date when the contract is concluded the following official documents：

　　1. Application for approval. The contents of the application shall include the name of the contract， country of the supplier and name of the firm， the contents and scope of the goal-directed technology imported， the approving organ and approved number of the feasibility study report of the project， etc. ；

　　2. Copy of the contract （enclosing a Chinese version if it is in a foreign language）；

　　3. Copy of documents evidencing the legal status of the contracting parties；

　　4. Approved feasibility study report and arrangement of the fund needed.

　　To facilitate the examination and approval， the recipient or companies， enterprises acting as its agents may ask for comments or request for pre-examination from the competent authority on the main contents or certain clauses of the contract either before or during negotiations.

　　Article 18 In case the technology import contracts and other documents submitted to the competent authority in accordance with the provisions of Article 17 of the Detailed Rules include any one of the following contents， the competent authority shall require amendments within a prescribed time-limits， and approval shall not be granted in case of failure to make amendments：

　　1. that it is against the current laws and legislation of the State and is harmful to public interests of the society；

　　2. that it is harmful to national sovereignty；

　　3. that the contents of the contract are inconsistent with the approved feasibility study report of the project；

　　4. that the basic clauses and contents of the contract are imperfect；

　　5. that the contract contains no definite and rational stipulation concerning the responsibilities and solutions to possibly-occurred disputes over property rights due to the assigned or licensed technology or other disputes that may occur in the course of implementation of the contract；

　　6. that the contract contains no rational stipulation on the technical level and economic efficiency which the assigned or licensed technology should attain including quality warranty for the products manufactured with the said technology；

　　7. that the price or ways of payment for the imported technology are unreasonable；

　　8. that the stipulations on rights， responsibilities and obligations of the contracting parties are unclear， unequal or irrational；

　　9. that the contract contains preferential tax commitment without the consent from the Chinese tax authority.

　　Article 19 The competent authority shall decide whether or not to approve the contract within 60 days from the date when the application is received. If the competent authority requires amendments in accordance with the provisions of Article 18， the duration of examination and approval shall be counted from the date when the amended contract or text is received.

　　If the competent authority makes no response within the specified time， the contract shall be deemed to have been approved.

　　Article 20 The contract shall come into force on the date of approval and the competent authority shall issue a unified Approval Certificate for a Technology Import Contract printed and numbered by MFERT.

　　Article 21 If the term of validity of the technology import contract exceeds the period of ten years stipulated in Article 8 or includes the restrictive provisions listed in Article 9 of the Regulations， the recipient shall submit the application with detailed explanations to the competent authority when going through the procedure for examination and approval in accordance with the stipulations of the Detailed Rules.

　　Article 22 Amendments to the provisions relating to the goal-directed technology content，

price， term and keeping-confidential time-limits of an approved technology import contract shall be made by consultations between contracting parties upon a written consent of the original competent authority for examination and approval. If amendments are inconsistent with the approved content of goal-directed technology or exceed the approved amount of foreign exchange， the procedure for reexamination and re-approval shall be gone through in accordance with the provisions of Article 4 and article 11 of the Regulations and Article 6 of the Detailed Rules.

　　Article 23 The examining and approving organs other than MFERT shall submit copies of Approval Certificate for a Technology Import Contract and other relevant documents to MFERT for record within 10 days from the date the technology import contract is approved.

　　Article 24 In the course of the implementation of the contract， the Approval Certificate for a Technology import Contract or its copy must be presented to the organs concerned in accordance with the relevant stipulations for purposes of bank guarantee， letter of credit， payment， exchange settlement， Customs declaration and tax payment， etc. In case of failure of presentation， refusals may be made by the banks， Customs and tax authorities.

　　Article 25 The authority to interpret and revise the Detailed Rules resides in MFERT.

　　Article 26 The Detailed Rules shall enter into force on the date of promulgation. The Procedure for Examination and Approval of Technology Import Contracts promulgated on September 18， 1985 by MFERT shall cease to be in force simultaneously

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