中华人民共和国技术进出口管理条例 PRC, Administration of Technology Import and Export Regulations1

国务院令第331号
(Promulgated by the State Council on 10 December 2001 and effective as of 1 January 2002.)
颁布日期：20011210 　实施日期：20020101 　颁布单位：国务院

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Regulations are formulated in accordance with the PRC, Foreign Trade Law (the Foreign Trade Law) and the relevant provisions of other relevant laws in order to regulate the administration of technology import and export, maintain the order of technology import and export, and facilitate national economic and social development.

　　Article 2　Technology import and export referred to in these Regulations means the act of transferring technology from outside the territory of the People's Republic of China to inside the territory of the People's Republic of China or from inside the territory of the People's Republic of China to outside the territory of the People's Republic China by way of trade, investment or economic technological cooperation.

　　The act referred to in the preceding paragraph shall include the transfer of a patent, transfer of right to apply for a patent, licence for patent implementation, transfer of know-how, transfer of technology through technical services and other means.

　　Article 3　The State shall implement a unified administrative system for technology import and export in order to maintain the order of fair and free import and export of technology according to law.

　　Article 4　Technology import and export shall comply with the industrial policies, scientific and technological policies, and social development policies of the State, benefit China's scientific and technological progress and development of foreign economic and technological cooperation, and benefit the maintenance of China's economic and technological rights and interests.

　　Article 5　The State permits the free import and export of technology, unless otherwise provided by laws and administrative regulations.

　　Article 6　The department in charge of foreign trade and economic cooperation of the State Council (the State Council Foreign Trade Department) shall be responsible for the State's administration of technology import and export in accordance with the provisions of the Foreign Trade Law and these Regulations. The departments in charge of foreign trade and economic cooperation of the people's governments of the provinces, autonomous regions and municipalities directly under the central government shall be responsible for the administration of technology import and export in their respective administrative regions based on authorization by the State Council Foreign Trade Department.

　　The relevant department(s) of the State Council shall perform the relevant administrative duties in respect of technology import and export projects pursuant to the State Council provisions.

　　PART TWO　ADMINISTRATION OF TECHNOLOGY IMPORT

　　Article 7　The State encourages the import of advanced and appropriate technology.

　　Article 8　The import of technology that falls into one of the circumstances prescribed in Article 16 and Article 17 of the Foreign Trade Law shall be prohibited or restricted.

　　The State Council Foreign Trade Department shall, together with the relevant department(s) of the State Council, formulate, adjust and promulgate the list of technologies the import of which is prohibited or restricted.

　　Article 9　Technology the import of which is prohibited may not be imported.

　　Article 10　A licensing system shall be adopted for technology the import of which is restricted, and no import without a licence shall be allowed.

　　Article 11　To import technology the import of which is restricted, an application for the import of the technology shall be filed with the State Council Foreign Trade Department together with the relevant documents.

　　In the event that the technology import project is subject to a

pproval by the relevant department(s), the approval documents from the relevant department(s) shall also be submitted.

　　Article 12　Upon receipt of an application for the import of technology, the State Council Foreign Trade Department shall, together with the relevant department(s) of the State Council, examine the application and shall decide whether to approve or disapprove the application within 30 working days from the receipt of the application.

　　Article 13　If the application for the import of technology is approved, the State Council Foreign Trade Department shall issue a letter of intent on technology import licensing.

　　Upon the obtaining of the letter of intent on technology import licensing, the import operator may sign the technology import contract with the foreign party.

　　Article 14　Upon the signing of the technology import contract, the import operator shall submit a duplicate copy of the technology import contract and the relevant documents to the State Council Foreign Trade Department to apply for the technology import permit.

　　The State Council Foreign Trade Department shall examine the authenticity of the technology import contract and decide whether or not to permit the import of the technology within 10 working days from the receipt of the documents set out in the preceding paragraph.

　　Article 15　At the time of submitting the application for the import of technology to the State Council Foreign Trade Department pursuant to Article 11 hereof, the applicant may also submit a duplicate copy of the signed technology import contract.

　　The State Council Foreign Trade Department shall examine the application and the authenticity of the technology import contract in accordance with Article 12 and Article 14 hereof and decide whether or not to permit the import of the technology within 40 working days from the receipt of the documents set out in the preceding paragraph.

　　Article 16　If the import of technology is permitted, the State Council Foreign Trade Department shall issue a technology import licence. The technology import contract shall become effective from the date on which the technology import licence is issued.

　　Article 17　A contract registration system shall be adopted for technology that may be freely imported.

　　For technology that may be freely imported, the contract shall become effective when the contract is formed according to law, and the registration of the contract shall not be a condition precedent for the effectiveness of the contract.

　　Article 18　When importing technology that may be freely imported, registration procedure with the State Council Foreign Trade Department shall be carried out and the following documents shall be submitted:

　　1. an application for the registration of the technology import contract;

　　2. a duplicate copy of the technology import contract; and

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

　　Article 19　The State Council Foreign Trade Department shall register the technology import contract and issue the technology import contract registration certificate within three working days from the receipt of the documents set out in Article 18 hereof.

　　Article 20　The applicant shall complete the formalities in respect of foreign exchange, banking, taxation, customs, etc. on the strength of the technology import licence or technology import contract registration certificate.

　　Article 21　If the main content of a technology import contract that has been permitted or registered pursuant to the provisions of these Regulations is changed, the formalities in respect of the licence or registration shall be carried out again.

　　In the event of termination of a technology import contract that has been licensed or registered, record filing to the State Council Foreign Trade Department shall be made promptly.

　　Article 22　If a foreign investor uses technology as investment in connection with the establishment of a foreign investment enterprise, the import of such technology shall be examined or registered in accordance with the examination and approval procedure for the establishment of a foreign investment enterprise.

　　Article 23　The State Council Foreign Trade Department and the relevant department(s) and their staff shall have the obligation to keep confidential the trade secrets that they have become aware of in the performance of their duties in connection with the administration of technology import.

　　Article 24　The licensor of a technology import contract shall warrant that it is the lawful owner of the technology to be provided or that it is the person who has the right to transfer or licence.

　　If the licensee of a technology import contract uses the technology provided by the licensor according to the contract and is accused of infringement by a third party, the licensee shall immediately notify the licensor, and the licensor shall upon receipt of the notice assist the licensee in removing the obstacles.

　　If the use of the technology provided by the licensor by the licensee of a technology import contract in accordance with the contract infringes upon the lawful rights and interests of another person, the responsibility shall be borne by the licensor.

　　Article 25　The licensor of a technology import contract shall warrant that the technology provided by it is complete, free of error, valid and capable of achieving the agreed technological target.

　　Article 26　The licensee and licensor to a technology import contract shall undertake the obligation of confidentiality in respect of the confidential part of the technology provided by the licens

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