Administrative Measures For Registration Of Technology Import And Export Contracts

The first is regulation.

A joint venture, a Sino foreign joint venture and a wholly foreign-owned enterprise shall be subject to the relevant laws and regulations of the foreign-invested enterprises when they enter into the technology import contracts as capital shares and become annexes to the articles of association of the joint venture.

The second technology import and export contracts include the pfer of patent rights, the pfer contract of patent application rights, the patent licensing contract, the technical secret license contract, the technical service contract and other contracts containing technology import and export.

The third is the online registration and management of free import and export technology contracts.

The competent department of foreign trade and economic cooperation is the registration and Management Department of the technology import and export contract.

The free import and export technology contract is effective from the time when it is established according to law.

The fourth Ministry of foreign trade and Economic Cooperation (hereinafter referred to as MOFTEC) is responsible for registering technology import contracts for major projects.

Major projects refer to:

(1) the sources of project funds include projects in the state budget, foreign government loans and loans from international financial organizations.

(two) projects approved by the State Council.

After the entry into force of the contract, the technology importer shall register on the China International Electronic Commerce website (website: http://info.ec.com.cn.) and hold the application for registration of the technology import contract, the copy of the technology import contract and the proof of the legal status of the contracting parties to the Ministry of foreign trade and economic cooperation for registration.

The Ministry of foreign trade and economic cooperation shall, within 3 working days after receiving the above documents, check the contents of the contract registration, and issue the technology import contract registration certificate to the technology import operator.

The fifth provinces, autonomous regions, municipalities directly under the central government and the municipal planning and Administration Commission (hereinafter referred to as "the competent department of local foreign trade and economic cooperation") are responsible for the registration and management of free import and export technology contracts outside major projects.

The free import and export technology contract of the central management enterprise shall be registered with the local competent foreign trade department according to the principle of territoriality.

The foreign economic and Trade Commission (offices and bureaus) of all provinces, autonomous regions, municipalities directly under the central government and cities under separate planning may authorize the next level foreign trade and economic cooperation departments to register and manage free import and export technology contracts.

After entering into force, the technology import and export operator shall register on the China International Electronic commerce network, and hold the application for registration of technology import contract or the application document of the technology export contract, the copy of the contract and the proof of the legal status of both parties.

The competent department of foreign trade and economic cooperation or its authorized agency shall register the contract within 3 working days after receiving the above documents.

Sixth, if the application documents do not conform to the eighteenth regulations of the regulations on the administration of technology import and export of People's Republic of China, fortieth of the requirements, or the registration records are inconsistent with the contents of the contract, the competent foreign trade department shall notify the technology import and export business operators to correct and amend the technical import and export business within 3 working days after receiving the application documents, and check the contents of the contract registration within 3 working days after receiving the application documents or the revised registration records, and issue the technology import contract registration certificate or the technology export contract registration certificate.

The seventh main contents of the registration of free import and export technology contracts are:

(1) contract No.

(two) name of contract

(three) technical supplier

(four) technology recipient

(five) technology users

(six) general situation of contracts

(seven) contract amount

(eight) mode of payment

(nine) mode of settlement

(ten) credit method

The eighth country applies standard code management to the number of free import and export technology contracts.

The establishment of the technical import and export contract number shall comply with the following rules:

(1) the total length of the contract number is 17 bits.

(two) the first 9 are fixed numbers: 1-2 represents the year of contract (2 after the year), 3-4 indicates the country of import or export (the 2 bit code of national standard), 5-6 indicates the area where the import and export enterprises are located (2 codes of national standard), seventh places indicate the technology import and export identical logo (import Y, export E), and 8-9 position indicates the industrial classification of import and export technology (national standard 2 bit code).

The latter 8 are customized for the enterprise.

Example: 01USBJE01CNTIC001.

If the ninth registered free import and export technology contract changes the contents of the contract registration in the seventh provision of the present measures, the import and export operator of the technology shall go through the registration formalities again.

The tenth registered free import and export technology contracts shall be suspended or released for reasons during the execution process. The technology import and export business operators shall keep the competent foreign trade and economic cooperation departments for record on the basis of the import and export contract registration certificate and other materials.

The eleventh measures shall come into force on January 1, 2002.