(1) When China establishes a production-oriented joint venture or a new technology and new product development-oriented joint venture overseas, it will use China technology as the investment technology and China as the investment technology according to the joint venture contract.
(2) The export technologies listed in Article 2 of the Interim Measures involve foreign-related exhibitions. Chapter II Basis for Examination of Export Technology Projects Article 3 Export technology shall follow the six principles stipulated in Article 3 of the Interim Measures. Article 4 According to the provisions of Article 5 of the Interim Measures, export technology projects are divided into technologies prohibited from export, technologies controlled from export and technologies allowed to export. These include:
(1) Technologies prohibited from export include: top secret state secrets and technologies prohibited from export according to laws and regulations of China;
(2) Technologies subject to export control include: state secrets and technologies subject to export control as stipulated by laws and regulations of China. Article 5. When conducting technical review of export technology projects, the following points should be considered emphatically:
(a) the focus of technology export should be industrialized technology, which should promote the export of labor services, equipment and foreign engineering contracts.
For laboratory technology, in principle, it should be developed in China first, transformed into industrialized technology and then exported; If there are no conditions for development and application in China at present, it is necessary to ensure that the national interests are not harmed and obtain effective protection from abroad before allowing exports;
(two) the export technology should be mature, reliable and authenticated. Without identification but verified by production practice, the employer shall issue a certificate;
(three) to encourage a variety of technology export methods, mainly product export. When it is difficult for products to directly enter the international market, encourage exports through technical means;
(four) export technology should be based on its technology life cycle, China's technology reserves and international market demand, seize the favorable opportunity to ensure China's technological advantages and strive for the maximization of China's interests. Article 6 Where an export technology is patented in China, it shall, in principle, apply for a patent in the importing country and be protected by the patent law of the importing country. Or clearly stipulate in the agreement (contract) the confidentiality clause in line with international practice to ensure that our interests are not infringed. Article 7 Technology export shall conform to China's national (or diplomatic) policy. Article 8 The export of state secret technology shall conform to the provisions of China on scientific and technological secrecy. Article 9 The export of imported digestion and absorption technology shall not violate the restrictive provisions of the original contract on this technology, and shall not infringe upon the patent rights of others. Chapter III Application and Approval of Technology Examination Article 10 Units or individuals applying for technology export must fill in the application form for technology export projects in accordance with the Notice of the Ministry of Foreign Trade and Economic Cooperation No.52 (90) on Implementing the Uniform Format of Application Forms for Technology Export Projects, including:
(1) technical name;
(two) the applicant or individual, the date of application;
(three) technology holding units or individuals;
(four) a brief introduction to technology, including the content and basic characteristics of export technology, the advanced and mature technology, the economic benefits of technology and the award-winning situation;
(five) the type of technology (here refers to the state secret technology or non-state secret technology) and whether it is a patented technology;
(six) technology and product export and sales prospects;
(seven) the way to be exported and the countries and regions to be exported. Article 11 The units or individuals of technology export projects shall, in addition to filling in the provisions of Article 10 above, also submit annexes:
(1) Submit the technical appraisal certificate of the appraised technology; Without identification of technology, it shall submit the certificate of use issued by the user;
(two) the examination opinions of the higher authorities on the project;
(3) Patented technology shall provide copies of relevant documents of patent application or approval;
(four) the export of imported digestion and absorption technology should provide a copy of the original import contract. Article 12 Examination and approval procedures for technical review:
(a) technology export application units or individuals should be in accordance with the administrative subordination, to the local provincial or ministerial bureau-level departments (including the Municipal Science and Technology Commission) submitted in accordance with the provisions of Article 10 and Article 11 of the Interim Provisions, the application for technology export projects and its annexes in quintuplicate. After the preliminary examination, the competent department shall submit it to the provincial, autonomous region, municipality directly under the Central Government, municipal science and technology commission or the competent technology export departments of various ministries and commissions in the State Council for approval.
If the application project belongs to the state secret technology, in addition to the technical review, it shall also be subject to the confidentiality review in accordance with the Interim Provisions on the Export Review of State Secret Technology;
(II) After receiving the application for technology export, the competent units of science and technology commissions of various provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state planning and the State Council shall classify the exported technologies and conduct technical review, and invite experts to participate in the review when necessary. The local competent department shall examine and approve the technologies that are allowed to be exported, and report the results of technical examination and approval to the State Science and Technology Commission for the record. For the export of state secret technology, it is necessary to make a review conclusion according to the submitted confidentiality review results. The results of the review shall be concluded within 30 days from the date of receiving the application (subject to the postmark), and the applicant shall be given a written reply. Belonging to the export control technology category, it must be reported to the State Science and Technology Commission for further examination after the preliminary examination;
(3) The State Science and Technology Commission shall make a conclusion within 30 days from the date of receiving the application for export technology control (subject to the postmark) and reply to the applicant;
(four) the application for technology export and its annexes are incomplete, and no technical review shall be conducted;
(five) the application unit or individual for technology export shall submit the application for technology export in time before the planned export of the project.