According to the Regulations of the People's Republic of China on the Administration of Technology Import and Export, technology export refers to the transfer of technology from China to overseas by means of trade, investment or economic and technological cooperation, including the transfer of patent rights, patent applications, license transfer, transfer of technical secrets, and technical services。That is to say, any transfer of technology abroad, whether through trade or investment or other means, should comply with the Regulations of the People's Republic of China on the Administration of Technology Import and Export。
Technology exportIt is divided into three types: free, restricted and prohibited, of which free technology is the post-contract registration and filing, and the import and export of restricted technology requires a license。Since 2007, the Ministry of Commerce has delegated the power of licensing the import and export of restricted technologies to the competent commerce departments of provinces, autonomous regions and municipalities directly under the Central Government。After receiving the application for technology export, the competent commercial departments shall examine it jointly with the competent science and technology departments, make a decision on approval or disapproval within 30 working days from the date of receipt of the application, and issue a Written Opinion on Technology Export License to the approved project。
Only after the applicant has obtained the letter of intent can it conduct substantive foreign negotiations and sign a technology export contract。After signing a technology export contract, a Technology export License shall be applied to the applicant.。The commercial authority shall examine the authenticity of the technology export contract and, within 15 working days from the date of receipt of the relevant documents, make a decision on the approval or disapproval of the technology export. If the approval is granted, the Technology export License shall be issued.。The technology export contract shall take effect on the date of issuance of the technology export license。
Only after the applicant has obtained the letter of intent can it conduct substantive foreign negotiations and sign a technology export contract。After signing a technology export contract, a Technology export License shall be applied to the applicant.。The commercial authority shall examine the authenticity of the technology export contract and, within 15 working days from the date of receipt of the relevant documents, make a decision on the approval or disapproval of the technology export. If the approval is granted, the Technology export License shall be issued.。The technology export contract shall take effect on the date of issuance of the technology export license。