No. 3 Decree 2009 of the Ministry of Commerce of the People's Republic of China

The revised Administration Measures on Registration of Technological Import and Export Contracts is hereby published in accordance with the Administration Regulations on Technological Import and Export of the People's Republic of China, which will become effective 30 days after the day of promulgation. The former Administration Measures on Registration of Technological Import and Export (No.17 Decree 2001 of the former Ministry of Foreign Trade and Economic Cooperation) is revoked at the same time.

Minister: Chen Deming
February 1, 2009Article

Article 1. This set of measures is formulated in accordance with the Administration Regulations on Technological Import and Export of the People's Republic of China(PRC), in order to standardise the administration of free import and export of technology, establish an information management system on technology import and export, and promote development of China's import and export of technology.

Article 2. Technology import and export contracts shall include patent right transfer contract, patent application right transfer contract, patent licensing contracts, technology confidential licensing contract, technical service contract, and other contracts containing provisions regarding the import and export of technology.

Article 3. Competent departments of commerce shall be responsible for administering registration of technology import and export contracts. A free import and export contract on technology shall enter into force upon establishment in accordance with law.

Article 4. The Ministry of Commerce shall be responsible for administration of registration of technology import contracts listed in the Catalogue of Investment Projects Verified by the Government and under the projects verified or approved by the State Council or competent departments of investment under the State Council.

Article 5. Competent departments of commerce of various provinces, autonomous regions, municipalities and cities under unified planning of the central government shall be responsible for administration of registration of free import and export contracts on technology not covered by article 4. Free import and export contracts on technology of centrally administered enterprises shall be put under administration of registration by competent departments of commerce of various provinces, autonomous regions, municipalities and cities under unified planning of the central government by areas they are located. The departments of commerce of various provinces, autonomous regions, municipalities and cities under unified planning of the central government may vest the authority to administer the registration of free import and export contracts to the lower level department of commerce

Article 6. Technology import and export operators shall conduct contract registration procedures within 60 days after the contracts take effect, except contracts with payment method as royalty.            .

Article 7. For contracts with payment method as royalty, the technology import and export operator shall conduct the contract registration procedures in 60 days after the first-time royalty base fund is formed, and conduct contract alteration procedures after  each fund is formed Technology import and export operators shall provide relevant proof documents on funding when conducting the registration and alteration procedures.

Article 8. The country carries out online registration administration on free import and export contracts on technology. The technology import and export operator shall undertake contract registration on the "technology import and export contract information management system" of the e-government website of the Ministry of Commerce (website: jsjckqy.fwmys.mofcom.gov.cn), and go through registration procedures with the competent departments of commerce with the technology import (export) contract registration application, copy of the technology import (export) contract (including both Chinese and English version), and legal status certificates of the two signing parties. Competent departments of commerce shall make verification of the contract registration contents within three working days after receiving the above documents, and issue the Technology Import Contract Registration Certificate or the Technology Export Contract Registration Certificate to the technology import and export operators.

Article 9. If the application documents are not in accordance with Articles 18 and 40 of the Administration Regulations on Technology Import and Export of the PRC or the records are not in accordance with the contract, competent departments of commerce shall notify the importer or exporter to supplement and correct the documents or amend the records within three working days of the date of receipt of the application. They shall verify the contents of the contract registration within three working days of the date of receipt of the supplemented and corrected application or amended registration record, and issue the Technology Import Contract Registration Certificate or a Technology Export Contract Registration Certificate.

Article 10. The main contents of the free technology import or export contract registration shall include:

Article 11. The State shall implement standardised codification of free import and export technology contract numbers. The numbering of technology import and export contracts shall comply with the following rules:

Article 12. For registered free import and export technology contracts, the technology importer or exporter shall conduct contract registration alteration formalities for alteration of contract registration contents as given in Article 10 of this set of measures.  
While going through contract alteration procedures, the technology importer and exporters shall fill in the contract data alteration record table on the "technology import and export contract information management system" and then go through procedures with the competent department of commerce with the contract alteration agreement and the contract data alteration record table. The competent department of commerce shall complete contract alteration procedures within three days after receiving the full alteration application materials.
 
Those conducting the alteration procedures in accordance with Article 7 of this set of measures shall go through the procedures with the alteration application and contract data alteration record table.

Article 13. If implementation of a registered free technology import or export contract is for some reason suspended or terminated, the technology importer or exporter shall, without delay, submit the technology import or export contract registration certificate and other documentation to the competent department of commerce for record filing.

Article 14. If the technology import and export contract registration certificate is lost, the importer and exporter shall make it public that the certificate has been lost; and go through procedures for obtaining new ones with the competent department of commerce with the lost proof certificate, application for a new certificate and proof of related departments.

Article 15. Various-level competent departments of commerce shall strengthen administration of technology import and export registration management departments and personnel, establish a sound contract registration responsibility system, and strengthen professional training and examination.

Article 16. Sino-foreign joint venture and cooperative companies and wholly foreign owned companies, upon founding, with the technology import contract as the capital injection in the companies and as an appendix of the joint venture regulations shall go through procedures in accordance with law and regulations.

Article 17. The Ministry of Commerce shall be responsible for conducting statistics on the national technologymport and export and publish the statistics regularly. Various-level competent departments of commerce are responsible for conducting statistics on technology import and export in areas under their jurisdiction.