Administrative Regulations of the People's Republic of China on Technology Import and Export
Administrative Regulations of the People's Republic of China on Technology Import and Export
Administrative Regulations of the People's Republic of China on Technology Import and Export
Order of the State Council [2001] No. 331
December 10, 2001
The Administrative Regulations of the People's Republic of China on Technology Import and Export, which was adopted at the 46th executive meeting of the State Council on October 31, 2010, is hereby promulgated and shall come into force as of January 1, 2002.
Premier of the People's Republic of China: Zhu Rongji
Administrative Regulations of the People's Republic of China on Technology Import and Export
Chapter I General Provisions
Article 1 These Regulations are hereby formulated in accordance with theFo reign Trade Law of the People's Republic of China (hereinafter referred to as the Foreign Trade Law) and relevant provisions of other relevant laws with a view to regulating the administration of technology import and export, maintaining the order of technology import and export, and enhancing the national economic growth and social development.
Article 2 The technology import and export as referred to in these Regulations means acts of transferring technology from outside the territory of the People's Republic of China into the territory of the People's Republic of China or visa versa by way of trade, investment, or economic and technical cooperation.
The acts mentioned in the preceding paragraph include assignment of the patent right, assignment of the patent application right, licensing for patent exploitation, assignment of technical secrets, technical services and transfer of technology by other means.
Article 3 The State adopts a uniform system for the administration of technology import and export, and maintains the order for fair and free technology import and export according to law.
Article 4 Import and export of technology shall be conducted in compliance with the national policy of industry, the policy of science and technology, and the policy for social development, and shall be conducive to promoting the scientific and technologic progress in China, enhancing the development of foreign economic and technical cooperation, and safeguarding the economic and technical rights and interests of the country.
Article 5 China permits free technology import and export, except that the laws and administrative regulations have otherwise provided for.
Article 6 The competent department of foreign trade and economic cooperation under the State Council (hereinafter referred to as the competent foreign trade department under the State Council) is responsible for the national administration of technology import and export in accordance with the provisions of the Foreign Trade Law and these Regulations.
The competent foreign trade departments under the People's Governments of the Provinces, Autonomous Regions and Municipalities under the Central Government shall, according to the authorization by the competent foreign trade department under the State Council, be responsible for the administration of technology import and export in their respective administrative region.
The departments concerned under the State Council shall, according to the regulations by the State Council, perform the relevant functions and responsibilities for the administration of projects of technology import and export.
Chapter II Administration of Technology Import
Article 7 The State encourages import of advanced and appropriate technology.
Article 8 Import of any technology falling into the provisions of Articles 16 or 17 of the Foreign Trade Law shall be prohibited or restricted.
The competent foreign trade department under the State Council shall, in conjunction with other relevant departments under the State Council, formulate, regulate and publish catalogues of technologies the import of which is prohibited or restricted.
Article 9 Technologies prohibited from import shall not be imported.
Article 10 Technologies restricted from import shall be subject to the license administration; any technology for which no license is granted shall not be imported.
Article 11 In respect of import of a technology restricted from import, an application for technology import, together with relevant documents, shall be filed with the competent foreign trade department under the State Council.
Where a project of technology import needs to be approved by the relevant department, the documents of approval thereby shall also be submitted.
Article 12 The competent foreign trade department under the State Council, upon receipt of an application for technology import, shall conduct an examination, in conjunction with relevant departments under the State Council, of the application, and make a decision on approval or disapproval within thirty working days from the date of receipt of the application.
Article 13 Where an application for technology import is approved, the competent foreign trade department under the State Council shall issue an letter of intent for licensing the technology import.
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