Chapter I General Provisions Article 1 In order to standardize the import and export management of technology, maintain the order of import and export of technology, and promote the development of national economy and society, the relevant provisions of the Foreign Trade Law of the People's Republic of China (hereinafter referred to as the Foreign Trade Law) and other relevant laws. Formulate this Regulation.
Article 2 The term "technology import and export" as used in these Regulations refers to the transfer of technology from outside the territory of the People's Republic of China to the territory of the People's Republic of China or from within the territory of the People's Republic of China to the People's Republic of China through trade, investment or economic and technological cooperation. .
The acts stipulated in the preceding paragraph include the transfer of patent rights, the transfer of patent applications, the licensing of patents, the transfer of technology secrets, technical services and other methods of technology transfer.
Article 3 The State implements a unified management system for the import and export of technology, and maintains a fair and free technology import and export order in accordance with the law.
Article 4 The import and export of technology shall conform to the state's industrial policy, science and technology policy and social development policy, which is conducive to the promotion of China's scientific and technological progress and the development of foreign economic and technological cooperation, and is conducive to safeguarding China's economic and technological rights and interests.
Article 5 The State permits the free import and export of technology; however, unless otherwise provided by laws and administrative regulations.
Article 6 The competent foreign economic and trade department of the State Council (hereinafter referred to as the competent foreign trade department of the State Council) shall be responsible for the management of import and export of technology throughout the country in accordance with the provisions of the Foreign Trade Law and these Regulations. The competent foreign trade department of the people's government of the autonomous region or municipality directly under the Central Government shall be responsible for the management of the import and export of technology within its administrative region in accordance with the authorization of the competent foreign trade department of the State Council. The relevant departments of the State Council shall perform the relevant management duties of the technology import and export projects in accordance with the provisions of the State Council.
Chapter II Management of Technology Imports Article 7 The State encourages the import of advanced and applicable technologies.
Article 8: Technology that is one of the conditions specified in Articles 16 and 17 of the Foreign Trade Law prohibits or restricts imports.
The competent foreign trade department of the State Council, in conjunction with the relevant departments of the State Council, shall formulate, adjust and publish technical catalogues that prohibit or restrict imports.
Article 9: Technologies that are prohibited from importing shall not be imported.
Article 10 is a technology that restricts imports and is subject to license management; it may not be imported without permission.
Article 11: Importing technology that is restricted to import shall submit an application for technology import to the competent foreign trade department of the State Council and attach relevant documents. If the technology import project needs to be approved by the relevant department, it shall also submit the approval document of the relevant department.
Article 12 After receiving the application for technology import, the competent foreign trade department of the State Council shall, in conjunction with the relevant department of the State Council, review the application and make a decision of approval or disapproval within 30 working days from the date of receipt of the application.
Article 13 Where an application for technology import is approved, the competent foreign trade department of the State Council shall issue a letter of intent for the import of technology.
After the import operator obtains the letter of intent for the technology import license, it can sign a technology import contract.
Article 14 After signing a technology import contract, an import operator shall submit a copy of the technology import contract and relevant documents to the competent foreign trade department of the State Council to apply for a technology import license. The competent foreign trade department of the State Council shall examine the authenticity of the technology import contract and make a decision on whether or not to permit the import of technology within 10 working days from the date of receipt of the documents stipulated in the preceding paragraph.
Article 15 When an applicant files an application for technology import with the competent foreign trade department of the State Council in accordance with the provisions of Article 11 of these Regulations, the applicant may submit a copy of the technology import contract that has been signed.
The competent foreign trade department of the State Council shall, in accordance with the provisions of Articles 12 and 14 of these Regulations, examine the authenticity of the application and its technical import contract, and shall work 40 days from the date of receipt of the documents specified in the preceding paragraph. A decision to license or not to license technology imports during the day.
Article 16 Where the technical import is approved, the competent foreign trade department of the State Council shall issue a technology import license. The technology import contract shall take effect from the date of issuance of the technology import license.
Article 17 The contract registration management shall be applied to technologies that are freely imported.
Imports are technologies that are freely imported, and the contract is effective when it is established according to law, and registration is not a condition for the contract to take effect.
Article 18: Importing technologies that are freely imported shall be registered with the competent foreign trade department of the State Council and submit the following documents:
(1) An application for registration of a technology import contract;
(2) A copy of the technology import contract;
(3) Proof of the legal status of the contracting parties.
Article 19 The competent foreign trade department of the State Council shall, within 3 working days from the date of receipt of the documents stipulated in Article 18 of these Regulations, register the technology import contract and issue a registration certificate for the technology import contract.
Article 20 The applicant shall handle foreign exchange, banking, taxation, customs and other related formalities with the technical import license or the technology import contract registration certificate.
Article 21 In accordance with the provisions of these Regulations, if the main content of the contract is changed by a licensed or registered technology import contract, the license or registration formalities shall be re-applied.
Where the technical import contract approved or registered is terminated, it shall be promptly filed with the competent foreign trade department of the State Council.
Article 22 If a foreign-invested enterprise is established and the foreign party uses technology as an investment, the import of the technology shall be examined or registered in accordance with the procedures for the establishment of foreign-invested enterprises. Article 23 The competent foreign trade department of the State Council and relevant departments and their staff shall, in fulfilling their technical import management duties, be obliged to keep confidential the trade secrets they are aware of.
Article 24 The transferor of a technology import contract shall ensure that he is the legal owner of the technology provided or has the right to transfer or permit it.
If the transferee of the technology import contract uses the technology provided by the transferor in accordance with the contract and is accused of infringement by a third party, the transferee shall immediately notify the transferor; after the transferee receives the notice, the transferee shall assist the transferee to remove the obstruction. .
If the transferee of the technology import contract uses the technology provided by the grantor in accordance with the contract and infringes on the lawful rights and interests of others, the transferor shall bear the responsibility.
Article 25 The transferor of a technology import contract shall ensure that the technology provided is complete, correct, and effective, and that the agreed technical objectives can be achieved.
Article 26 The transferee and transferor of a technology import contract shall, within the scope of confidentiality and confidentiality of the contract, assume a confidentiality obligation on the undisclosed secret part of the technology provided by the transferor.
During the period of confidentiality, the party that assumes the obligation of confidentiality shall terminate the confidentiality obligation of the confidentiality technology after it has been disclosed for its own reasons.
Article 27 During the period of validity of a technology import contract, the results of improving the technology belong to the improvement party.
Article 28 After the expiration of the technology import contract, the technical transferee and the transferee may negotiate on the continued use of the technology in accordance with the principle of fairness and reasonableness.
Article 29 The technical import contract may not contain the following restrictive clauses:
(1) requiring the assignee to accept conditions that are not essential for the import of technology, including the purchase of non-essential technologies, raw materials, products, equipment or services;
(2) requiring the assignee to pay the usage fee or bear the relevant obligation for the technology expiration of the patent validity period or the patent right is declared invalid;
(3) restricting the assignee to improve the technology provided by the assignee or to limit the use of the improved technology by the assignee;
(4) restricting the transferee from obtaining other technologies or technologies competing with the technology provided by the grantor from other sources;
(5) Unreasonably restricting the channel or source of the purchaser's purchase of raw materials, parts, products or equipment;
(6) unreasonably restricting the production quantity, variety or sales price of the assignee's products;
(7) Unreasonably restricting the export channels of the transferee using the imported technology to produce products.
Chapter III Technology Export Management Article 30 The State encourages the export of mature industrialized technologies.
Article 31 The technology of one of the circumstances specified in Articles 16 and 17 of the Foreign Trade Law prohibits or restricts exports.
The competent foreign trade department of the State Council, in conjunction with the relevant departments of the State Council, shall formulate, adjust and publish technical catalogues that prohibit or restrict exports.
Article 32: Technologies that are prohibited from exporting shall not be exported.
Article 33: Technologies that are subject to export restrictions shall be subject to license management; they may not be exported without permission.
Article 34 If an export is a technology that restricts exports, it shall submit an application to the competent foreign trade department of the State Council.
Article 35 After receiving the application for technology export, the competent foreign trade department of the State Council shall, in conjunction with the State Council's science and technology administration department, review the technology applied for export and make approval or disapproval within 30 working days from the date of receipt of the application. Decide.
If the technology restricting exports needs to be subject to confidentiality review by relevant departments, it shall be implemented in accordance with relevant state regulations.
Article 36 Where an application for technology export is approved, the competent foreign trade department of the State Council shall issue a letter of intent for the technology export license.
After the applicant obtains the letter of intent for the technology export license, it can conduct substantive negotiations and sign a technology export contract.
Article 37 After signing a technology export contract, the applicant shall submit the following documents to the competent foreign trade department of the State Council to apply for a technology export license: (1) A letter of intent for the technology export license;
(2) a copy of the technology export contract;
(3) A list of technical data exports;
(4) Proof of the legal status of the contracting parties.
The competent foreign trade department of the State Council shall examine the authenticity of the technology export contract and make a decision on whether or not to permit the export of the technology within 15 working days from the date of receipt of the documents stipulated in the preceding paragraph.
Article 38 Where the technology export is approved, the State Council's foreign trade and economic cooperation department shall issue a technology export license. The technology export contract takes effect from the date of issuance of the technology export license.
Article 39 Contract registration management shall be implemented for technologies that are freely exported.
Exports are technologies that are freely exported. Contracts are effective when they are legally established, and registration is not a condition for the contract to take effect. Article 40 The technology that exports are freely exported shall be registered with the competent foreign trade department of the State Council and submit the following documents:
(1) Application for registration of technology export contract;
(2) a copy of the technology export contract;
(3) Proof of the legal status of the contracting parties.
Article 41 The competent foreign trade department of the State Council shall, within 3 working days from the date of receipt of the documents stipulated in Article 40 of these Regulations, register the technology export contract and issue a technology export contract registration certificate.
Article 42 The applicant shall handle foreign exchange, banking, taxation, customs and other relevant formalities with the technology export license or the technology export contract registration certificate.
Article 43 In accordance with the provisions of these Regulations, if the main content of the contract is changed by a licensed or registered technology export contract, the license or registration formalities shall be re-applied.
Where the license or technology registration contract is terminated, it shall be promptly filed with the competent foreign trade department of the State Council.
Article 44 The competent foreign trade department of the State Council and relevant departments and their staff members shall, in fulfilling their technical export management duties, be obliged to keep confidential the state secrets and the business secrets they are aware of.
Article 45 The export control technologies for exporting nuclear technology, nuclear dual-use related technologies, monitoring chemical production technology, military technology, etc. shall be handled in accordance with the provisions of relevant administrative regulations.
Chapter IV Legal Responsibilities Article 46 If the import or export is a technology that prohibits import and export, or if it is imported or exported without permission, it is a crime of smuggling, illegal business, and disclosure of state secrets. The provisions of sin or other crimes shall be investigated for criminal responsibility according to law; if they are not criminally penalized, they shall be punished according to the relevant provisions of the Customs Law, or the foreign trade and economic cooperation department of the State Council shall give a warning, confiscate the illegal income, and obtain more than one-fold illegal income. A fine of less than 5 times; the competent foreign trade department of the State Council may revoke its foreign trade operation license.
Article 47 If the import or export of technology that restricts import and export is beyond the scope of the license, the criminal law shall be investigated according to the provisions of the Criminal Law on illegal business or other crimes; if it is not criminally penalized, the difference shall be different, in accordance with the customs. The relevant provisions of the law shall be punished, or the foreign trade and economic cooperation department of the State Council shall give a warning, confiscate the illegal income, and impose a fine of more than one time but not more than three times the illegal income; the foreign trade and economic cooperation department of the State Council may suspend until the cancellation of its foreign trade operation permit.
Article 48 Whoever forges, alters or purchases technology import and export licenses or technology import and export contract registration certificates shall be in accordance with the provisions of the Criminal Law on the crime of illegal business or the crime of forging, altering or buying or selling the official documents, certificates and seals of state organs. If criminal punishment is not enough, it shall be punished in accordance with the relevant provisions of the Customs Law; the competent foreign trade department of the State Council may revoke its foreign trade operation license.
Article 49 If a technology import or export license is obtained by deception or other improper means, the competent foreign trade department of the State Council shall revoke its technology import and export license and suspend it until its foreign trade operation permit is revoked. Article 50 Where the registration of technology import and export contracts is obtained by deception or other improper means, the competent foreign trade department of the State Council shall revoke its technology import and export contract registration certificate and suspend it until its foreign trade operation permit is revoked.
Article 51 If a technical import and export management staff violates the provisions of these Regulations and divulges state secrets or known business secrets, it shall be investigated for criminal responsibility according to the provisions of the Criminal Law on the crime of divulging state secrets or infringement of commercial secrets; In case of criminal punishment, administrative sanctions shall be given according to law.
Article 52 If a staff member of a technology import and export administration abuses his power, neglects his duty, or uses the convenience of his position to accept or claim the property of another person, he shall be investigated according to the provisions of the Criminal Law on the crime of abuse of power, dereliction of duty, accepting bribes or other crimes. Criminal responsibility; if it is not enough for criminal punishment, it shall be given administrative sanctions according to law. Chapter V Supplementary Provisions Article 53 Anyone who is dissatisfied with the decision on approval, permission, registration or administrative punishment of technology import and export made by the competent foreign trade department of the State Council may apply for administrative reconsideration according to law, or may bring a lawsuit to the people's court according to law.
Article 54 Where the provisions on the import and export management of technology formulated by the State Council before the promulgation of these Regulations are inconsistent with the provisions of these Regulations, these Regulations shall prevail.
Article 55 These Regulations shall come into force on January 1, 2002. Regulations of the People's Republic of China on the Administration of Technology Import Contracts promulgated by the State Council on May 24, 1985 and the Regulations of the People's Republic of China on the Introduction of Technology Import Contracts issued by the State Council on December 30, 1987 and issued by the Ministry of Foreign Trade and Economic Cooperation on January 20, 1988. The implementation rules are abolished at the same time.
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
Article 2 The term "technology import and export" as used in these Regulations refers to the transfer of technology from outside the territory of the People's Republic of China to the territory of the People's Republic of China or from within the territory of the People's Republic of China to the People's Republic of China through trade, investment or economic and technological cooperation. .
The acts stipulated in the preceding paragraph include the transfer of patent rights, the transfer of patent applications, the licensing of patents, the transfer of technology secrets, technical services and other methods of technology transfer.
Article 3 The State implements a unified management system for the import and export of technology, and maintains a fair and free technology import and export order in accordance with the law.
Article 4 The import and export of technology shall conform to the state's industrial policy, science and technology policy and social development policy, which is conducive to the promotion of China's scientific and technological progress and the development of foreign economic and technological cooperation, and is conducive to safeguarding China's economic and technological rights and interests.
Article 5 The State permits the free import and export of technology; however, unless otherwise provided by laws and administrative regulations.
Article 6 The competent foreign economic and trade department of the State Council (hereinafter referred to as the competent foreign trade department of the State Council) shall be responsible for the management of import and export of technology throughout the country in accordance with the provisions of the Foreign Trade Law and these Regulations. The competent foreign trade department of the people's government of the autonomous region or municipality directly under the Central Government shall be responsible for the management of the import and export of technology within its administrative region in accordance with the authorization of the competent foreign trade department of the State Council. The relevant departments of the State Council shall perform the relevant management duties of the technology import and export projects in accordance with the provisions of the State Council.
Chapter II Management of Technology Imports Article 7 The State encourages the import of advanced and applicable technologies.
Article 8: Technology that is one of the conditions specified in Articles 16 and 17 of the Foreign Trade Law prohibits or restricts imports.
The competent foreign trade department of the State Council, in conjunction with the relevant departments of the State Council, shall formulate, adjust and publish technical catalogues that prohibit or restrict imports.
Article 9: Technologies that are prohibited from importing shall not be imported.
Article 10 is a technology that restricts imports and is subject to license management; it may not be imported without permission.
Article 11: Importing technology that is restricted to import shall submit an application for technology import to the competent foreign trade department of the State Council and attach relevant documents. If the technology import project needs to be approved by the relevant department, it shall also submit the approval document of the relevant department.
Article 12 After receiving the application for technology import, the competent foreign trade department of the State Council shall, in conjunction with the relevant department of the State Council, review the application and make a decision of approval or disapproval within 30 working days from the date of receipt of the application.
Article 13 Where an application for technology import is approved, the competent foreign trade department of the State Council shall issue a letter of intent for the import of technology.
After the import operator obtains the letter of intent for the technology import license, it can sign a technology import contract.
Article 14 After signing a technology import contract, an import operator shall submit a copy of the technology import contract and relevant documents to the competent foreign trade department of the State Council to apply for a technology import license. The competent foreign trade department of the State Council shall examine the authenticity of the technology import contract and make a decision on whether or not to permit the import of technology within 10 working days from the date of receipt of the documents stipulated in the preceding paragraph.
Article 15 When an applicant files an application for technology import with the competent foreign trade department of the State Council in accordance with the provisions of Article 11 of these Regulations, the applicant may submit a copy of the technology import contract that has been signed.
The competent foreign trade department of the State Council shall, in accordance with the provisions of Articles 12 and 14 of these Regulations, examine the authenticity of the application and its technical import contract, and shall work 40 days from the date of receipt of the documents specified in the preceding paragraph. A decision to license or not to license technology imports during the day.
Article 16 Where the technical import is approved, the competent foreign trade department of the State Council shall issue a technology import license. The technology import contract shall take effect from the date of issuance of the technology import license.
Article 17 The contract registration management shall be applied to technologies that are freely imported.
Imports are technologies that are freely imported, and the contract is effective when it is established according to law, and registration is not a condition for the contract to take effect.
Article 18: Importing technologies that are freely imported shall be registered with the competent foreign trade department of the State Council and submit the following documents:
(1) An application for registration of a technology import contract;
(2) A copy of the technology import contract;
(3) Proof of the legal status of the contracting parties.
Article 19 The competent foreign trade department of the State Council shall, within 3 working days from the date of receipt of the documents stipulated in Article 18 of these Regulations, register the technology import contract and issue a registration certificate for the technology import contract.
Article 20 The applicant shall handle foreign exchange, banking, taxation, customs and other related formalities with the technical import license or the technology import contract registration certificate.
Article 21 In accordance with the provisions of these Regulations, if the main content of the contract is changed by a licensed or registered technology import contract, the license or registration formalities shall be re-applied.
Where the technical import contract approved or registered is terminated, it shall be promptly filed with the competent foreign trade department of the State Council.
Article 22 If a foreign-invested enterprise is established and the foreign party uses technology as an investment, the import of the technology shall be examined or registered in accordance with the procedures for the establishment of foreign-invested enterprises. Article 23 The competent foreign trade department of the State Council and relevant departments and their staff shall, in fulfilling their technical import management duties, be obliged to keep confidential the trade secrets they are aware of.
Article 24 The transferor of a technology import contract shall ensure that he is the legal owner of the technology provided or has the right to transfer or permit it.
If the transferee of the technology import contract uses the technology provided by the transferor in accordance with the contract and is accused of infringement by a third party, the transferee shall immediately notify the transferor; after the transferee receives the notice, the transferee shall assist the transferee to remove the obstruction. .
If the transferee of the technology import contract uses the technology provided by the grantor in accordance with the contract and infringes on the lawful rights and interests of others, the transferor shall bear the responsibility.
Article 25 The transferor of a technology import contract shall ensure that the technology provided is complete, correct, and effective, and that the agreed technical objectives can be achieved.
Article 26 The transferee and transferor of a technology import contract shall, within the scope of confidentiality and confidentiality of the contract, assume a confidentiality obligation on the undisclosed secret part of the technology provided by the transferor.
During the period of confidentiality, the party that assumes the obligation of confidentiality shall terminate the confidentiality obligation of the confidentiality technology after it has been disclosed for its own reasons.
Article 27 During the period of validity of a technology import contract, the results of improving the technology belong to the improvement party.
Article 28 After the expiration of the technology import contract, the technical transferee and the transferee may negotiate on the continued use of the technology in accordance with the principle of fairness and reasonableness.
Article 29 The technical import contract may not contain the following restrictive clauses:
(1) requiring the assignee to accept conditions that are not essential for the import of technology, including the purchase of non-essential technologies, raw materials, products, equipment or services;
(2) requiring the assignee to pay the usage fee or bear the relevant obligation for the technology expiration of the patent validity period or the patent right is declared invalid;
(3) restricting the assignee to improve the technology provided by the assignee or to limit the use of the improved technology by the assignee;
(4) restricting the transferee from obtaining other technologies or technologies competing with the technology provided by the grantor from other sources;
(5) Unreasonably restricting the channel or source of the purchaser's purchase of raw materials, parts, products or equipment;
(6) unreasonably restricting the production quantity, variety or sales price of the assignee's products;
(7) Unreasonably restricting the export channels of the transferee using the imported technology to produce products.
Chapter III Technology Export Management Article 30 The State encourages the export of mature industrialized technologies.
Article 31 The technology of one of the circumstances specified in Articles 16 and 17 of the Foreign Trade Law prohibits or restricts exports.
The competent foreign trade department of the State Council, in conjunction with the relevant departments of the State Council, shall formulate, adjust and publish technical catalogues that prohibit or restrict exports.
Article 32: Technologies that are prohibited from exporting shall not be exported.
Article 33: Technologies that are subject to export restrictions shall be subject to license management; they may not be exported without permission.
Article 34 If an export is a technology that restricts exports, it shall submit an application to the competent foreign trade department of the State Council.
Article 35 After receiving the application for technology export, the competent foreign trade department of the State Council shall, in conjunction with the State Council's science and technology administration department, review the technology applied for export and make approval or disapproval within 30 working days from the date of receipt of the application. Decide.
If the technology restricting exports needs to be subject to confidentiality review by relevant departments, it shall be implemented in accordance with relevant state regulations.
Article 36 Where an application for technology export is approved, the competent foreign trade department of the State Council shall issue a letter of intent for the technology export license.
After the applicant obtains the letter of intent for the technology export license, it can conduct substantive negotiations and sign a technology export contract.
Article 37 After signing a technology export contract, the applicant shall submit the following documents to the competent foreign trade department of the State Council to apply for a technology export license: (1) A letter of intent for the technology export license;
(2) a copy of the technology export contract;
(3) A list of technical data exports;
(4) Proof of the legal status of the contracting parties.
The competent foreign trade department of the State Council shall examine the authenticity of the technology export contract and make a decision on whether or not to permit the export of the technology within 15 working days from the date of receipt of the documents stipulated in the preceding paragraph.
Article 38 Where the technology export is approved, the State Council's foreign trade and economic cooperation department shall issue a technology export license. The technology export contract takes effect from the date of issuance of the technology export license.
Article 39 Contract registration management shall be implemented for technologies that are freely exported.
Exports are technologies that are freely exported. Contracts are effective when they are legally established, and registration is not a condition for the contract to take effect. Article 40 The technology that exports are freely exported shall be registered with the competent foreign trade department of the State Council and submit the following documents:
(1) Application for registration of technology export contract;
(2) a copy of the technology export contract;
(3) Proof of the legal status of the contracting parties.
Article 41 The competent foreign trade department of the State Council shall, within 3 working days from the date of receipt of the documents stipulated in Article 40 of these Regulations, register the technology export contract and issue a technology export contract registration certificate.
Article 42 The applicant shall handle foreign exchange, banking, taxation, customs and other relevant formalities with the technology export license or the technology export contract registration certificate.
Article 43 In accordance with the provisions of these Regulations, if the main content of the contract is changed by a licensed or registered technology export contract, the license or registration formalities shall be re-applied.
Where the license or technology registration contract is terminated, it shall be promptly filed with the competent foreign trade department of the State Council.
Article 44 The competent foreign trade department of the State Council and relevant departments and their staff members shall, in fulfilling their technical export management duties, be obliged to keep confidential the state secrets and the business secrets they are aware of.
Article 45 The export control technologies for exporting nuclear technology, nuclear dual-use related technologies, monitoring chemical production technology, military technology, etc. shall be handled in accordance with the provisions of relevant administrative regulations.
Chapter IV Legal Responsibilities Article 46 If the import or export is a technology that prohibits import and export, or if it is imported or exported without permission, it is a crime of smuggling, illegal business, and disclosure of state secrets. The provisions of sin or other crimes shall be investigated for criminal responsibility according to law; if they are not criminally penalized, they shall be punished according to the relevant provisions of the Customs Law, or the foreign trade and economic cooperation department of the State Council shall give a warning, confiscate the illegal income, and obtain more than one-fold illegal income. A fine of less than 5 times; the competent foreign trade department of the State Council may revoke its foreign trade operation license.
Article 47 If the import or export of technology that restricts import and export is beyond the scope of the license, the criminal law shall be investigated according to the provisions of the Criminal Law on illegal business or other crimes; if it is not criminally penalized, the difference shall be different, in accordance with the customs. The relevant provisions of the law shall be punished, or the foreign trade and economic cooperation department of the State Council shall give a warning, confiscate the illegal income, and impose a fine of more than one time but not more than three times the illegal income; the foreign trade and economic cooperation department of the State Council may suspend until the cancellation of its foreign trade operation permit.
Article 48 Whoever forges, alters or purchases technology import and export licenses or technology import and export contract registration certificates shall be in accordance with the provisions of the Criminal Law on the crime of illegal business or the crime of forging, altering or buying or selling the official documents, certificates and seals of state organs. If criminal punishment is not enough, it shall be punished in accordance with the relevant provisions of the Customs Law; the competent foreign trade department of the State Council may revoke its foreign trade operation license.
Article 49 If a technology import or export license is obtained by deception or other improper means, the competent foreign trade department of the State Council shall revoke its technology import and export license and suspend it until its foreign trade operation permit is revoked. Article 50 Where the registration of technology import and export contracts is obtained by deception or other improper means, the competent foreign trade department of the State Council shall revoke its technology import and export contract registration certificate and suspend it until its foreign trade operation permit is revoked.
Article 51 If a technical import and export management staff violates the provisions of these Regulations and divulges state secrets or known business secrets, it shall be investigated for criminal responsibility according to the provisions of the Criminal Law on the crime of divulging state secrets or infringement of commercial secrets; In case of criminal punishment, administrative sanctions shall be given according to law.
Article 52 If a staff member of a technology import and export administration abuses his power, neglects his duty, or uses the convenience of his position to accept or claim the property of another person, he shall be investigated according to the provisions of the Criminal Law on the crime of abuse of power, dereliction of duty, accepting bribes or other crimes. Criminal responsibility; if it is not enough for criminal punishment, it shall be given administrative sanctions according to law. Chapter V Supplementary Provisions Article 53 Anyone who is dissatisfied with the decision on approval, permission, registration or administrative punishment of technology import and export made by the competent foreign trade department of the State Council may apply for administrative reconsideration according to law, or may bring a lawsuit to the people's court according to law.
Article 54 Where the provisions on the import and export management of technology formulated by the State Council before the promulgation of these Regulations are inconsistent with the provisions of these Regulations, these Regulations shall prevail.
Article 55 These Regulations shall come into force on January 1, 2002. Regulations of the People's Republic of China on the Administration of Technology Import Contracts promulgated by the State Council on May 24, 1985 and the Regulations of the People's Republic of China on the Introduction of Technology Import Contracts issued by the State Council on December 30, 1987 and issued by the Ministry of Foreign Trade and Economic Cooperation on January 20, 1988. The implementation rules are abolished at the same time.
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
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