Article 1 According to Measures of the People’s Republic of China on the Management of Technology Import and Export, this Measures is enacted in order to regulate the management of free technology import and export contracts, establish information management system of technology import and export, and to promote the development of technology import and export. In cases of admission of technology at the foundation of the joint ventures, the cooperation ventures, or solely foreign enterprises, and attached to the joint capital articles, relevant procedures shall be conducted according to related laws and regulations on foreign invested enterprises.
Article 2 Technology import and export contracts shall include patent assignment contracts, contracts for assignment of the right to apply for patent, contracts for licensing the implementation of a patent, contracts for licensing technology secrets, and other contracts that involve technology import and export.
Article 3 On-line registration management shall be carried out on free technology import and export contracts. Departments in charge of foreign economic relation and trade shall be responsible for the management of registration of technology import and export contracts. Free technology import and export contracts take effect upon their legal conclusion.
Article 4 Ministry of Foreign Trade and Economic Cooperation (hereinafter MOFTEC) shall be responsible for the registration of technology import contracts of key projects.
Key projects in the Measures refer to:
A. The projects involving capital from state budgetary funds or loan from foreign governments or international financial institutions;
B. The projects approved the State Council.
After the contract takes effect, the technology importer shall have the contract registered on China International Electronic Business Net (website: http://info.ec.com.cn) and bring registration application for technology import contract, duplicate of the technology import contract, certificates of legal status of both parties to MOFTEC to go through the registration formalities. MOFTEC shall check the registration contents of the contract and issue Registration Certificate of Technology Import Contract to the technology importer within three workdays after receiving the above-mentioned documents.
Article 5 Foreign economic relation and trade commissions (departments, bureau) of all provinces, autonomous regions, municipalities directly under the central government, and independently planned cities (hereinafter local foreign economic relation and trade administrative agencies) shall be responsible for the registration management of free technology import and export contracts except the contracts of key projects. In line with principle of territory, free technology import and export contracts of enterprises under the direct management of central government shall be registered with local superintendence of local foreign economic relation and trade administrative agencies.
Foreign economic relation and trade commissions (departments, bureau) of all provinces, autonomous regions, municipalities directly under the central government, and independently planned cities can authorize their subordinate bodies to carry out registration management on free technology import and export contracts.
After the contract takes effect, the technology importer and exporter shall have the contract registered on China International Electronic Business Net, and bring application for technology import contract registration or application for technology export contract registration, duplicate of the contract, certificates of legal status of both parties to local foreign economic relation and trade administrative agencies or their entrusted subordinate bodies to go through the registration formalities. Local foreign economic relation and trade administrative agencies or their entrusted subordinate bodies shall check the registration contents of the contracts and issue Registration Certificate of Technology Import Contract or Registration Certificate of Technology Export Contract to the importers or exporters within three workdays upon receiving the above-mentioned documents.
Article 6 In cases where the application does not comply with Article 18 or Article 40 of Regulations of the People’s Republic of China on the management of  Technology Import and Export, or there exists discrepancy between the registration contents and the contract contents, local foreign economic relation and trade administrative agencies or their entrusted subordinate bodies shall inform the technology importers and exporters to supplement and rectify their registration papers within three work days after receiving the registration documents, and check the registration contents of the contracts and issue Certificate of Technology Import Contract Registration or Certificate of Technology Export Contract Registration within three workdays after the supplemented or rectified documents are received.
Article 7 Contents of registration of free technology import and export contracts shall include:
1. Contract number
2. Contract title
3. Technology supplier
4. Technology recipient
5. Technology user
6. Contract overview
7. Contract amount
8. Means of payment
9. Means of settlement of exchange
10. Means of credit
Article 8 The State shall carry out standard code management on free technology import and export contract number. The following rules shall be followed in creating contract codes:
A. The contract code shall contains seventeen digits.
B. The first nine digits shall be fixed: The first and second digits indicate the year of the contract conclusion (the last two digits of year), the third and fourth digits indicate the country or district of the importer or exporter (State Two-digit Code System), the fifth and sixth digits indicate the region the import or export enterprise (State Two-digit Code System), the seventh digit indicates the category of technology import and export contract (Y for import, E for export), the eighth and ninth digits indicate the industry of the imported or exported technology (State Two-digit Code System). The last eight digits shall be defined by the enterprises themselves. For example, 01USBJE01CNTIC001.
Article 9 If alterations are to be made to registered free technology import and export contracts concerning stipulations in Article 7 in the Measures, the technology importers or exporters shall register the contracts again.
Article 10 In cases of suspension or early termination of the registered free technology import and export contracts, the technology importers and exporters shall bring registration documents such as Certificate of Technology Import Contract Registration or Certificate of Technology Export Contract Registration and report promptly to departments in charge of foreign economic relation and trade to have it recorded.
Article 11 This Measures shall go into effect as of January 1, 2002.