[Imports Management] Ministry of Commerce Announces Administration of Registrati

Article 1　These Procedures are formulated in accordance with the PRC, Administration of Technology Import and Export Regulations in order to standardize 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.

 

Article 2　Technology import and export contracts shall include patent right assignment contracts, patent application right assignment contracts, patent licensing contracts, know-how licensing contracts, technical services contracts, and other contracts containing provisions regarding the import or export of technology.

 

Article 3　The department in charge of foreign trade and economic cooperation shall be the administrative department for registration 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 4　The Ministry of Commerce shall be responsible for administering registration of technology import contracts for major projects in Catalogue of Investment Projects Subject to Approval of the Government and Government investing projects under the verification and auditing of the State Council or its department in charge of investment.
 

Article 5　The commission (office, bureau) 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 (Local Department in charge of Foreign Trade and Economic Cooperation) 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 (office, bureau) 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.

 

Article 6 The dealer of importing and exporting technology shall make contracts registration procedure 60 days after the effective of the contract, except for the contract in royalty payment.

 

Article 7 For the contract in royalty payment, the importer or exporter of technology shall conduct contract registration procedure within 60 days after the formation of first benchmark sum of royalty payment, and make contract alteration after the formation of first benchmark sum of royalty payment every time.
 

The importer and exporter technology shall offer relevant document on first benchmark sum of royalty payment when making registration and alteration procedures.

 

Article 8 Free import and export technology contracts shall be registered on the internet. Upon effectiveness of the contract, a technology importer or importer shall register on the Information Management System for Import Technology Contract (jsjckqy.fwmys.mofcom.gov.cn) 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 License.

 

Article 9　If 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 amend the records. It shall, within three working days of the date of receipt of the supplemented and corrected application or amended 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 10　The 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 period of validity of contract

Article 11　The State shall implement standardized codification 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 fixed: the first two being the (last two) digits of the year of formulation of the contract, the third and fourth being the (two letter) code for the importing or exporting country, the fifth and sixth being the (two letter) code for the region in which the importing or exporting enterprise is located, the seventh being the status of the contract (import = Y, export = E), and the eighth and ninth being the (two digit) code for the importing or exporting industry. The last eight characters shall be decided by the enterprise itself. For example: 01USBJE01CNTIC001.

Article 12　The technology importer or exporter shall re-register when amending the contents of an already registered free technology import or export contract as specified in Article 10 of these Procedures.

 

When amending the contents of contract, the technology importer or exporter shall register on the Information Management System for Import Technology Contract to fill in the registration form of data alteration, and make relevant procedures in the commission (office, bureau) in charge of foreign trade and economic cooperation with Contract Modification Agreement and registration form of data alteration. The commission (office, bureau) in charge of foreign trade and economic cooperation shall conduct contract alteration procedures 3 days after receiving complete application materials.

 

Any one who makes an alteration procedure in accord with Article 7, shall submit the alteration application and data alteration registration form of contract.

 

Article 13　If implementation 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 14 The importer and exporter shall make a public loss report if the technology import and export contract is lost. They shall make reissue procedure in the commission (office, bureau) in charge of foreign trade and economic cooperation with the holding of certificate for loss report, application for re-registration, and certificate from relevant department.

 

Article 15 The commission (office, bureau) in charge of foreign trade and economic cooperation shall enhance the management on registration control department and person of technology import and export contract, establish and improve the personal responsibility system of contract registration, and strengthen professional training and evaluation.

 

Article 16 Technology import contracts signed as appendixes in articles of association or as share of capital at the establishment of Sino-foreign equity joint ventures, Sino-foreign contractual joint ventures or wholly foreign-owned enterprises are also subject to the relevant laws and regulations governing foreign-invested enterprises.

 

Article 17 The Ministry of Commerce is responsible for the statistics of technology import and export in the whole nation and releases the statistic data periodically, while commissions (office, bureau) in charge of foreign trade and economic cooperation are responsible for the statistics of technology import and export in its own district.