Ministry of Foreign Trade and Economic Cooperation and State Administration of Foreign Exchange, Strengthening the Administration of Technology Import Contracts and Sale and Payment of Foreign Exchange Supplementary Circular

Issued: March 19 2001
Applicability: For the purposes of the Circular, technology import contracts include patent implementation licence or transfer contracts, trademark licence or transfer contracts that incorporate patent or technology licences, computer software licences, proprietary technology licence or transfer contracts, technical consulting contracts, technical service contracts, cooperative design contracts, cooperative research contracts, cooperative development contracts and cooperative production contracts (Item Two).

Main contents: According to the Circular, upon registration of a technology import contract, the Ministry of Foreign Trade and Economic Cooperation or its branches shall issue a Certificate of Validity of the Registration of a Technology or Equipment Import Contract and affix its stamp to a Technology Import Contract Data Sheet (Item Three). The Circular provides that completion of the sale and payment of foreign exchange procedures in connection with a technology and equipment import contract requires the presentation of the original certificate and data sheet (Item One). In the case of a foreign investment enterprise whose establishment involves a technology import contract, the related approval document issued by the foreign investment authority must also be presented (Item Four).
Related legislation: Administration of the Import of Technology and Equipment Tentative Procedures, 1996 and Relevant Questions Concerning Strengthening Administration of the Sale and Payment of Foreign Exchange for Imports of Intangible Assets Circular, Mar 20 1998