Administration of registration of technology import and export contract approach

    (February 1, 2009 2009 of 3rd of Commerce announced 30th after the promulgation of the date of promulgation) first to standardize the free import and export of technology management, establishment of technology information management system, promoting the development of China's technology import and export, in accordance with the People's Republic of China technology import and export regulations, measures are formulated.

    Article technology import and export contracts including patent rights transfer contract, patent application right of contract, patent licensing contracts, technical know-how licensing contracts, service contracts and technology import and export contracts.

    Article III competent commercial departments are administration of registration of technology import and export contracts.

    Free import and export of Technology Administration shall be the entry into force of the contract.

    Fourth Ministry of Commerce is responsible for the list of Government-approved investment projects and government investment projects by the State Council or the investment Department approval or approval of projects under the administration of registration of technology import contracts. Fifth of all provinces, autonomous regions, municipalities and cities with municipal departments in charge of Commerce outside of this article fourth free import and export of technology contract registration administration.

    Central management of enterprises free import and export of technology contracts, according to the principle of territoriality to all provinces, autonomous regions, municipalities and cities with municipal departments in charge of Commerce registration.

    All provinces, autonomous regions, municipalities and cities with municipal departments in charge of Commerce authorized the next level of business departments to register the free import and export of technology contracts.

    Article sixth of technology import and export operators shall, within 60 days after the entry into force of the contract registration procedures for contracts, except for contract payment for royalty.

    Article seventh payment for royalty contracts, technology import and export operators should be formed in the base amount of royalties for the first time within 60 days after, the contract registration, and then after each benchmark as a percentage amount forms, contracts change procedures.

    Technology import and export operators at the time of registration and change, should provide the benchmark as a percentage amount of the relevant supporting documents. Eighth freedom of the State import and export administration of registration of technology contracts online. Technology import and export operators should visit the Ministry of Commerce on Government Web sites, the "contract for technology import and export management information system" (jsjckqy.fwmys.MOFCOM.gov.CN) contract and technology into (a) application for registration of the contract, technology into (a) a copy of the contract (including English translation) and proof of legal status of the Contracting Parties, to the commercial administrative departments to carry out registration procedures.

    The commercial administrative department within 3 working days from the receipt of the above, checking the content of contract and technology import and export operators issued certificate of registration of the technology import contract or the certificate of registration of the technology export contract.

    Nineth article on application file not meet People's Republic of China technology import and export Management Ordinance 18th article, and 40th article provides requirements or registration records and contract content not consistent of, business competent sector should in received application file of 3 a days within notification technology import and export operators correction, and modified, and in received correction of application file up 3 a days within, on contract registration of content for check, issued technology imports contract registration card or technology export contract registration card.

    Article tenth free import and export of technology contract registration main says:

    (A) contract number

    (B) the name of the contract

    (C) technology supplier

    (D) technical

    (V) technology

    (F) the contract profile

    (G) the contract amount

    (H) payment method

    (I) the validity period of the contract 11th national standard code management of free import and export of technology contracts.

    Preparation of technology import and export contracts, technology import and export operators shall comply with the following rules:

    (A) the total length of contract, 17. (Ii) Qian 9 bit for fixed,: di1-2wei said business contract of year (era Hou 2 bit), and di3-4wei said imports or export country area (GB 2 bit code), and di5-6wei said import and export enterprise location district (GB 2 bit code), and 7th bit said technology import and export contract identifies (imports y, export e), and di8-9wei said import and export technology of industry classification (GB 2 bit code). Last 8 digits for enterprise custom.

    Example: 01USBJE01CNTIC001.

    12th registered free import and export technology contracts changed the way article tenth contract registration, amendment of registration of technology import and export traders shall handle contract procedures. When contracts change, and technology import and export operators should log "information management system of technology import and export contracts", fill in the contract data change form, contract agreement and change of contract data sheet to check the commercial administrative department.

    Departments of commercial administration from the date of receiving the complete application documents within the 3rd for the contract change.

    Article seventh according to these measures the change, change request and change of contract data sheet should be handled.

    13th free import and export of registered technology contracts in the process of implementation of suspension or discharge, technology import and export traders shall hold technology import and export contract registration certificates and other materials to the commercial administrative department. Article 14th loss of certificate of registration of technology import and export contracts, import and export managers should be made public immediately.

    Proof of loss, to re-submit applications and related departments to prove to the competent Commerce departments for replacement procedures.

    15th commercial administrative departments at all levels should strengthen the administration of registration of technology import and export contract departments and personnel management, establish and improve the contract responsibility system, strengthen business training and assessment.

    16th Sino-foreign joint ventures, Chinese-foreign cooperative and foreign-funded enterprises was established as the capital investment and as an annex to the Statute of the joint contract for technology import formalities according to relevant laws and regulations related to foreign-invested enterprises. 17th Ministry of Commerce is responsible for national technical import and export statistics and regularly published statistics.

    Commercial administrative departments at all levels are responsible for statistics on the import and export of technologies within their respective administrative areas. 18th article of the approaches implemented since the 30th after the date of its publication. As of January 1, 2002 the measures for the administration of registration of technology import and export contract (Ministry of foreign trade and economic cooperation 2001 of 17th) repealed simultaneously.