Administrative Regulations of the People's Republic of China on Technology Import and Export (Revised in 2020)
Administrative Regulations of the People's Republic of China on Technology Import and Export (Revised in 2020)
Administrative Regulations of the People's Republic of China on Technology Import and Export (Revised in 2020)
Order of the State Council of the People's Republic of China No. 732
November 29, 2020
(Promulgated by the Order of the State Council of the People's Republic of China No. 331 on December 10, 2001; revised for the first time in accordance with the Decision of the State Council on Repealing and Revising Certain Administrative Regulations on January 8, 2011; revised for the second time in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on March 2, 2019; and revised for the third time in accordance with the Decision of the State Council on Revising and Repealing Certain Administrative Regulations on November 29, 2020)
Chapter I General Provisions
Article 1 The Administrative Regulations of the People's Republic of China on Technology Import and Export (Revised in 2011) (hereinafter referred to as the "Regulations") are hereby formulated in accordance with the Foreign Trade Law of the People's Republic of China (hereinafter referred to as the Foreign Trade Law) and the 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 For the purpose of the Regulations, technology import and export refers to 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 vice 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 and 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 in accordance with the law.
Article 4 Technology import and export shall be conducted in compliance with the national policy on industries, the policy on science and technology, and the policy on social development, and shall be conducive to promoting the scientific and technological 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 as otherwise provided for by laws and administrative regulations.
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 the Regulations. The competent foreign trade departments under the people's governments of provinces, autonomous regions and municipalities directly 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 regions.
The departments concerned under the State Council shall, in accordance with the provisions of 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 the import of advanced and appropriate technologies.
Article 8 Import of any technology falling under any of the circumstances set out in Article 16 of the Foreign Trade Law shall be prohibited or restricted.
The competent foreign trade department under the State Council shall, in concert with other relevant departments under the State Council, formulate, regulate and publish catalogs 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 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 the 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 by such department 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 concert with the relevant departments under the State Council, of the application, and make a decision of approval or disapproval within 30 working days 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 a letter of intent for licensing technology import.
After being granted the letter of intent for licensing technology import, an import operator may sign a technology import contract with its overseas counterparty.
Article 14 After signing a technology import contract, an import operator shall submit to the competent foreign trade department under the State Council a copy of the technology import contract and the relevant documents to apply for a technology import license.
The competent foreign trade department under the State Council examines the authenticity of the technology import contract, and makes a decision of approval or disapproval of the technology import, within ten working days of receipt of the documents provided for in the preceding provision.
Article 15 An applicant, when applying to the competent foreign trade department under the State Council in accordance with Article 11 of the Regulations for technology import, may submit a copy of the technology import contract concluded.
The competent foreign trade department under the State Council shall, in accordance with Articles 12 and 14 of the Regulations, examine the authenticity of the application and the technology import contract, and decide, within 40 working days of receipt of the documents provided for in the preceding provision, to approve or disapprove the technology import.
Article 16 Where technology import is approved, the competent foreign trade department under the State Council issues a technology import license.
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Order of the State Council of the People's Republic of China No. 732
November 29, 2020
(Promulgated by the Order of the State Council of the People's Republic of China No. 331 on December 10, 2001; revised for the first time in accordance with the Decision of the State Council on Repealing and Revising Certain Administrative Regulations on January 8, 2011; revised for the second time in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on March 2, 2019; and revised for the third time in accordance with the Decision of the State Council on Revising and Repealing Certain Administrative Regulations on November 29, 2020)
Chapter I General Provisions
Article 1 The Administrative Regulations of the People's Republic of China on Technology Import and Export (Revised in 2011) (hereinafter referred to as the "Regulations") are hereby formulated in accordance with the Foreign Trade Law of the People's Republic of China (hereinafter referred to as the Foreign Trade Law) and the 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 For the purpose of the Regulations, technology import and export refers to 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 vice 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 and 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 in accordance with the law.
Article 4 Technology import and export shall be conducted in compliance with the national policy on industries, the policy on science and technology, and the policy on social development, and shall be conducive to promoting the scientific and technological 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 as otherwise provided for by laws and administrative regulations.
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 the Regulations. The competent foreign trade departments under the people's governments of provinces, autonomous regions and municipalities directly 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 regions.
The departments concerned under the State Council shall, in accordance with the provisions of 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 the import of advanced and appropriate technologies.
Article 8 Import of any technology falling under any of the circumstances set out in Article 16 of the Foreign Trade Law shall be prohibited or restricted.
The competent foreign trade department under the State Council shall, in concert with other relevant departments under the State Council, formulate, regulate and publish catalogs 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 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 the 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 by such department 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 concert with the relevant departments under the State Council, of the application, and make a decision of approval or disapproval within 30 working days 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 a letter of intent for licensing technology import.
After being granted the letter of intent for licensing technology import, an import operator may sign a technology import contract with its overseas counterparty.
Article 14 After signing a technology import contract, an import operator shall submit to the competent foreign trade department under the State Council a copy of the technology import contract and the relevant documents to apply for a technology import license.
The competent foreign trade department under the State Council examines the authenticity of the technology import contract, and makes a decision of approval or disapproval of the technology import, within ten working days of receipt of the documents provided for in the preceding provision.
Article 15 An applicant, when applying to the competent foreign trade department under the State Council in accordance with Article 11 of the Regulations for technology import, may submit a copy of the technology import contract concluded.
The competent foreign trade department under the State Council shall, in accordance with Articles 12 and 14 of the Regulations, examine the authenticity of the application and the technology import contract, and decide, within 40 working days of receipt of the documents provided for in the preceding provision, to approve or disapprove the technology import.
Article 16 Where technology import is approved, the competent foreign trade department under the State Council issues a technology import license.
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