对外贸易经济合作部[2001]年第17号令
颁布日期：20011230 推行日期：20020101 颁布单位：对外贸易经济合作部
Article 1These Procedures are formulated2 in accordance with the PRC, Administration of Technology import and Export Regulations in order to standardize3 the administration of technology contracts for free import and export, to establish a system for the administration of information on the import and export of technology, and to promote the development of China's import and export of technology.
Technology import contracts entered into as capital investment to, and acting4 as an attachment5 to the articles of association of, a Sino-foreign equity6 joint7 venture, Sino-foreign cooperative joint venture or wholly foreign-owned enterprise at the time of establishment shall be subject to the procedures set out in laws relating to foreign investment enterprises.
Article 2Technology import and export contracts shall include patent right assignment contracts, patent application right assignment contracts, patent licensing8 contracts, know-how9 licensing contracts, technical services contracts, and other contracts containing provisions regarding the import or export of technology.
Article 3Free import and export technology contracts shall be registered on the internet. The department in charge of foreign trade and economic cooperation shall be the administrative10 department for registration11 of technology import and export contracts.
Free import and export technology contracts shall be effective as of the date on which they are legally established.
Article 4The Ministry of Foreign Trade and Economic Cooperation shall be responsible for administering registration of technology import contracts for major projects.
Major projects shall refer to:
1. projects financed with State funds within the budget, loans from foreign governments, and/or loans from international financial organizations; and
2. projects approved by the State Council.
Upon effectiveness of the contract, a technology importer shall register on the China International Electronic Commerce Network and submit the application for the registration of technology import contract, a copy of the technology import contract and documents evidencing the legal status of contracting parties to MOFTEC for registration. MOFTEC shall verify the details of the contract registration within three working days of the date of receipt of the above documents and shall issue to the importer a Technology import Contract Registration Licence.
Article 5The commission in charge of foreign trade and economic cooperation of each province, autonomous12 region, municipality directly under the central government and municipality with independent development plans shall be responsible for the administration of registration of free import and export technology contracts except for that of major projects. Free import and export technology contracts of centrally-managed enterprises shall be registered according to their locations with the Local Department in charge of Foreign Trade and Economic Cooperation.
The commission in charge of foreign trade and economic cooperation of each province, autonomous region, municipality directly under the central government and municipality with independent development plans may delegate administration of registration of free import and export technology contracts to the department in charge of foreign trade and economic cooperation at the next lower level.
Upon effectiveness of the contract, the technology importer or exporter shall register on the China International Electronic Commerce Network and submit the application for the registration of technology import or export contract, a copy of the contract and documents evidencing the legal status of contracting parties to the Local Department in charge of Foreign Trade and Economic Cooperation or to an authorized13 body for registration. The Local Department in charge of Foreign Trade and Economic Cooperation or the authorized body shall within three working days of the date of receipt of the above documents verify the details of the contract registration and shall issue to the importer or exporter a Technology import Contract Registration Certificate or a Technology Export Contract Registration Certificate.
Article 6If the application documents are not in accord with Articles 18 and 40 of the PRC, Administration of Technology import and Export Regulations or the records are not in accord with the contract, the department in charge of foreign trade and economic cooperation shall, within three working days of the date of receipt of the application, notify the importer or exporter to supplement and correct the documents or amend14 the records. It shall, within three working days of the date of receipt of the supplemented and corrected application or amended15 registration record, verify the details of the contract registration and issue a Technology import Contract Registration Certificate or a Technology Export Contract Registration Certificate.
Article 7The main contents of free technology import or export contract registration shall include:
1. the contract number;
2. the contract title;
3. the technology supplier;
4. the technology receiver;
5. the technology user;
6. the summary of the contract;
7. the value of the contract;
8. the method of payment;
9. the method of settlement; and
10. the type of credit.
Article 8The State shall implement16 standardized17 codification18 of free import and export technology contract numbers. The numbering of technology import and export contracts shall comply with the following rules:
1. the contract number shall be 17 characters in total; and
2. the first nine characters shall be fixed19: the first two being the digits20 of the year of formulation of the contract, the third and fourth being the code for the importing or exporting country, the fifth and sixth being the code for the region in which the importing or exporting enterprise is located, the seventh being the status of the contract , and the eighth and ninth being the code for the importing or exporting industry. The last eight characters shall be decided21 by the enterprise itself. For example: 01USBJE01CNTIC001.
Article 9The technology importer or exporter shall re-register when amending22 the contents of an already registered free technology import or export contract as specified23 in Article 7 of these Procedures.
Article 10If implementation24 of a registered free technology import or export contract is for some reasons suspended or terminated, the technology importer or exporter shall in a timely manner submit the technology import or export contract registration certificate and other documentation to the department in charge of foreign trade and economic cooperation for record filing.
Article 11These Procedures shall be effective as of 1 January 2002.