1985.05.24
STATE COUNCIL OF CHINA
REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON THE
ADMINISTRATION OF TECHNOLOGY ACQUISITION CONTRACTS
(Promulgated by the State Council on May 24, 1985)
@@ Article 1. These Regulations are formulated with a view to
further expanding foreign economic and technical cooperation,
upgrading the scientific and technical level of the country and
promoting national economic growth.
@@ Article 2. Importation of technology referred to in these
Regulations means acquisition of technology through trade or
economic and technical cooperation by any corporation, enterprise,
organisation or individual within the territory of the People's
Republic of China (hereinafter referred to as "the
recipient") from any corporation, enterprise, organisation, or
individual outside the territory of the People's Republic of China
(hereinafter referred to as "the supplier"), including:
(1) Assignment or licensing of patent or other industrial property
rights;
(2) Know-how provided in the form of drawings, technical data,
technical specifications, etc., such as production processes,
formulae, product designs, quality control and management skills;
(3) Technical services.
@@ Article 3. The technology to be imported must be
advanced and appropriate and shall conform to at least one of the
following requirements:
(1) Capable of developing and producing new products;
(2) Capable of improving quality and performance of products,
reducing production cost and lowering consumption of energy or raw
materials;
(3) Favourable to the maximum utilisation of local resources;
(4) Capable of expanding product export and increasing earnings of
foreign currencies;
(5) Favourable to environmental protection;
(6) Favourable to production safety;
(7) Favourable to the improvement of management;
(8) Contributing to the advancement of scientific and technical levels.
@@ Article 4. The recipient and the supplier shall conclude in
written form a technology import contract (hereinafter referred
to as "the contract"). An application for approval of the contract
shall be submitted by the recipient, within thirty days from the
date of conclusion, to the Ministry of Foreign Economic Relations
and Trade of the People's Republic of China or any other agency
authorised by the Ministry (hereinafter referred to as "the
approving authority"). The approving authority shall approve or
reject the contract within sixty days from the date of receipt.
Contracts approved shall come into effect on the date of
approval. Contracts on which the approving authority does not make a
decision within the specified pe[1] [2] [3] 下一页
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