（Promulgated¹ by the State Council on May 24， 1985）
颁布日期：19850524 　实施日期：19850524 　颁布单位：国务院

　　Article 1 These Regulations are formulated³ with a view to further expanding foreign economic and technological⁴ cooperation， upgrading the scientific and technological level of the country and promoting the national economic growth.

　　Article 2 Introduction of technology referred to in these Regulations means acquisition of technology by any corporation， enterprise， organization or individual within the territory of the People's Republic of China （hereinafter referred to as the recipient⁵） from any corporation， enterprise， organization， or individual outside the territory of the People's Republic of China （hereinafter referred to as the supplier）， by means of trade or economic and technical cooperation， such as：

　　1. assignment or licensing⁶ of patent or other industrial property rights；

　　2. proprietary⁷ technology provided in the forms of drawings， technical data， technical specifications⁸， etc， such as technological processes， formulae， product designs， quality control and management skills；

　　3. technical services.

　　Article 3 The technology to be introduced must be advanced and appropriate and shall at least conform to 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. favourable⁹ to maximum utilization¹⁰ of local resources；

　　4. capable of expanding product export and increasing earnings¹¹ of foreign exchange；

　　5. favourable to environmental protection；

　　6. favourable to production safety；

　　7. favourable to improvement of management；

　　8. contributing to advancement¹² of scientific and technical level.

　　Article 4 The recipient and the supplier shall conclude in written form a technology-introduction contract （hereinafter referred to as the contract）。 An application for examination and approval of the contract shall be submitted by the recipient， within days from the date of conclusion， to the Ministry¹³ of Foreign Economic Relations and Trade of the People's Republic of China or to any other agency authorized¹⁴ by the Ministry （hereinafter referred to as the examining and approving authorities）。 The examining and approving authorities shall decide to approve or disapprove¹⁵ the contract within 60 days from the date of receipt. An approved contract shall come into effect as of the date of approval. Contracts on which the examining and approving authorities does not make a decision within the specified¹⁶ period of time shall be regarded as approved and shall come into effect automatically.

　　Article 5 The conclusion of technology-introduction contracts must comply with the relevant provisions of the Law of the People's Republic of China on Economic Contracts Involving Foreign Interest and other laws.

　　The contracting parties must specify¹⁷ in the contract the following items：

　　1. contents， scope and essential description of the technology to be introduced， and a list of patents and trademarks¹⁸ if they are involved；

　　2. technical targets to be attained¹⁹ and the time limit and measures for attaining²⁰ the targets； and

　　3. remuneration， composition of remuneration and modes of payment.

　　Article 6 The supplier shall ensure that it is the lawful²¹ owner of the technology to be provided and that the technology provided is complete， accurate， effective and capable of attaining the technical targets specified in the contract.

　　Article 7 The recipient shall undertake the obligation to preserve， in accordance with the scope and duration agreed upon by both parties， the non-open technical secrets contained in the technology provided by the supplier.

　　Article 8 The duration of the contract shall conform to the time needed by the recipient to assimilate the technology provided and， unless specially²² approved by the examining and approving authorities， shall not exceed ten years.

　　Article 9 The supplier shall not oblige the recipient to accept requirements which are unreasonably²³ restrictive. Unless specially approved by the examining and approving authorities， a contract shall not include any of the following restrictive provisions：

　　1. requiring the recipient to accept additional conditions which are not related to the technology to be introduced， such as requiring the recipient to purchase unnecessary technology， technical service， raw materials， equipment or products；

　　2. restricting the freedom of choice of the recipient to obtain raw materials， parts and components²⁴ or equipment from other sources；

　　3. restricting the development and improvement by the recipient of the introduced technology；

　　4. restricting the acquisition by the recipient of similar or competing technology of the same kind from other sources；

　　5. non-reciprocal terms for exchange of improved technology between the contracting parties；

　　6. restricting the quantity， variety or sales price of products to be turned out by the recipient with the technology acquired；

　　7. unreasonably restricting the sales channels or export markets of the recipient；

　　8. forbidding the continued use by the recipient of the acquired technology after expiration²⁵ of the contract； and/or

　　9. requiring the recipient to pay for or to undertake obligations for patents which are unused or no longer effective.

　　Article 10 In applying for approval of a contract， the following documents shall be submitted：

　　1. a written application for approval of the contract；

　　2. copies of the contract and its translation； and

　　3. documents certifying²⁶ the legal status of the contracting parties.

　　Article 11 Any revision or renewal²⁷ of a contract shall be in accordance with the provisions stipulated²⁸ in Article 4 and Article 10 of these Regulations.

　　Article 12 The authority to interpret these Regulations and to formulate² the rules for implementing²⁹ these Regulations resides in the Ministry of Foreign Economic Relations and Trade.

　　Article 13 These Regulations shall enter into force as of the date of promulgation