PRC Administrative Permissions Law (Revised)
中华人民共和国行政许可法 (修正)
May 16, 2019 | BY
Susan MokGovernment officials may not require technology transfers in granting administrative permissions
Adopted: April 23, 2019
Effective: April 23, 2019
Main contents: Without the consent of the applicant, an administrative authority, its working personnel, persons involved in an expert assessment, etc. may not disclose the trade secret, undisclosed information or confidential business information submitted by the applicant, unless otherwise provided in laws, or national security or major public interests are involved. If an administrative authority proposes to disclose the aforementioned information of an applicant in accordance with the law, the applicant shall be permitted to lodge an objection thereto within a reasonable period of time.
Where the statutory conditions or criteria are satisfied, applicants shall have the equal right to secure administrative permissions in accordance with the law, and the administrative authority may not discriminate against anyone (Article 5).
An administrative authority or its working personnel may not set the transfer of technology as a condition for securing an administrative permission, or, in the course of according such an administrative permission, directly or indirectly require a technology transfer (Article 31).
Related legislation: PRC Foreign Investment Law and PRC Regulations for the Administration of Technology Import and Export (2nd Revision)
clp reference:1100/19.04.23 adopted:2019-04-23 effective:2019-04-23This premium content is reserved for
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