the acts mentioned in the preceding paragraph include the transfer of patent right, the transfer of patent application right, the licensing of patent exploitation, the transfer of technical secrets, technical services and other forms of technology transfer. Article 3 The state implements a unified management system for technology import and export, and maintains a fair and free order of technology import and export according to law. Article 4 Technology import and export shall conform to the national industrial policy, science and technology policy and social development policy, which is conducive to promoting China's scientific and technological progress and the development of foreign economic and technological cooperation, and safeguarding China's economic and technological rights and interests. Article 5 The State permits the free import and export of technology; However, unless otherwise provided by laws and administrative regulations. Article 6 The competent foreign economic relations and trade department of the State Council (hereinafter referred to as the competent foreign economic relations and trade department of the State Council) shall be responsible for the administration of technology import and export throughout the country in accordance with the provisions of the Foreign Trade Law and these Regulations. The competent foreign trade departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the administration of technology import and export within their respective administrative areas according to the authorization of the competent foreign trade department of the State Council.
relevant departments of the State Council shall perform relevant management duties of technology import and export projects in accordance with the regulations of the State Council. Chapter II Administration of Technology Import Article 7 The State encourages the import of advanced and applicable technologies. Article 8 The import of technologies under any of the circumstances stipulated in Articles 16 and 17 of the Foreign Trade Law shall be prohibited or restricted.
the competent foreign trade department of the State Council shall, jointly with the relevant departments of the State Council, formulate, adjust and publish the catalogue of technologies whose import is prohibited or restricted. Article 9 Technologies prohibited from import shall not be imported. Article 1 Technologies whose import is restricted shall be subject to license management; Without permission, it may not be imported. Article 11 To import technologies that are restricted in import, an application for technology import shall be submitted to the competent foreign trade and economic cooperation department of the State Council and relevant documents shall be attached.
if the technology import project needs to be approved by the relevant departments, the approval documents of the relevant departments shall also be submitted. Article 12 After receiving an application for technology import, the competent foreign trade department of the State Council shall examine the application together with the relevant departments of the State Council, and make a decision on approval or disapproval within 3 working days from the date of receiving the application. Article 13 If the application for technology import is approved, the competent foreign trade department of the State Council shall issue a letter of intent for technology import license.
after obtaining the letter of intent for technology import license, the importer may sign a technology import contract with foreign countries. Article 14 After signing a technology import contract, an importer shall submit a copy of the technology import contract and relevant documents to the competent foreign trade department of the State Council, and apply for a technology import license.
the competent foreign trade department of the State Council shall examine the authenticity of the technology import contract, and make a decision on approval or disapproval of the technology import within 1 working days from the date of receiving the documents specified in the preceding paragraph. Article 15 When applying for technology import to the competent foreign trade department of the State Council in accordance with Article 11 of these Regulations, the applicant may submit a copy of the signed technology import contract.
The competent foreign trade department of the State Council shall, in accordance with the provisions of Articles 12 and 14 of these Regulations, examine the authenticity of the application and the technology import contract together, and make a decision on whether to grant or disapprove the technology import within 4 working days from the date of receiving the documents specified in the preceding paragraph. Article 16 Where technology import is permitted, the competent foreign trade department of the State Council shall issue a technology import license. The technology import contract shall take effect as of the date when the technology import license is issued. Article 17 The technology that is freely imported shall be subject to contract registration management.
the technology imported is free, and the contract will take effect when it is established according to law, and registration is not a condition for the contract to take effect. Article 18 To import technologies that are freely imported, it is necessary to register with the competent foreign trade department of the State Council and submit the following documents:
(1) An application for registration of technology import contracts;
(2) a copy of the technology import contract;
(3) documents certifying the legal status of both parties. Article 19 The competent foreign trade department of the State Council shall, within 3 working days from the date of receiving the documents specified in Article 18 of these Regulations, register the technology import contract and issue the technology import contract registration certificate. Article 2 The applicant shall go through foreign exchange, banking, taxation, customs and other related procedures with the technology import license or technology import contract registration certificate. Article 21 In accordance with the provisions of these Regulations, if the main contents of a licensed or registered technology import contract are changed, the licensing or registration procedures shall be handled again.
if a licensed or registered technology import contract is terminated, it shall be filed with the competent foreign trade department of the State Council in time. Article 22 Where a foreign-invested enterprise is established and the foreign party invests in technology, the import of the technology shall be examined or registered in accordance with the procedures for examination and approval of the establishment of the foreign-invested enterprise.