Policy Interpretation - 中国技术出口网

位置：首页 > Policy Interpretation

National Policy Support

According to the Decree 331 promulgated by the State of Council, the Regulations on Technology Import and Export Administration of the People's Republic of China, the State encourages exporting well-developed industrialized technology. According to the order of President of The People’s Republic of China No.15, the Art. 14 of the Foreign Trade Law of The People’s Republic of China (following as Foreign Trade Law), the State permit free import and export of goods and technologies unless the laws or administrative regulations provide otherwise. The Regulations on Technology Import and Export Administration adopts a category management methodology for technology exportation, and divides the technologies into three categories: prohibited from export, restricted from export and free export for administration.

According to the Article 31 of the Regulations on Technology Import and Export Administration, any technology that falls under any of the provisions of Articles 16 or 17 of the Foreign Trade Law is prohibited or restricted from export:

(1) the import or export needs to be restricted or prohibited in order to safeguard the state security, public interests or public morals,

(2) the import or export needs to be restricted or prohibited in order to protect the human health or security, the animals and plants life or health or the environment,

(3) the import or export needs to be restricted or prohibited in order to implement the measures relating to the importations and exportations of gold or silver,

(4) the export needs to be restricted or prohibited in the case of domestic shortage in supply or the effective protection of exhaustible natural resources,

(5) the export needs to be restricted in the case of the limited market capacity of the importing country or region,

(6) the export needs to be restricted in the case of the occurrence of serious confusion in the export operation order,

(7) the import needs to be restricted in order to establish or accelerate the establishment of a particular domestic industry,

(8) the restriction on the import of agricultural, animal husbandry or fishery products in any form is necessary,

(9) the import needs to be restricted in order to maintain the State’s international financial status and the balance of international payment,

(10) the import or export needs to be restricted or prohibited as laws and administrative regulations so provide, or

(11) the import or export needs to be restricted or prohibited as the international treaties or agreements to which the state is a contracting party or a participating party so require.

The State may, in the case of the import or export of the goods and technologies relating to fissionable and fissionable materials or the materials form which they are derived as well as the import or export relating to arms, ammunition and implements for war, take any measures as necessary to safeguard the state security. The State may, in the time of war or for the protection of international peace and security, take any measures as necessary in respect of import or export of goods and technologies.

According to the Article 31 of the Regulations on Technology Import and Export Administration, the competent foreign trade department under the State Council shall, in conjunction with other relevant departments under the State Council, formulate, regulate and publish catalogues of technologies which are prohibited or restricted from export. Detail information can be seen in the prohibition and restriction parts of the Regulations on Technology Import and Export Administration.

The State encourages exporting well-developed industrialized technology, except the technology prohibited or restricted from export, the rest are Freely exportable technology.

Freely exportable technology shall be subject to the contract registration administration. A contract for exporting a technology takes effect from the time when the contract is established according to law without taking the registration thereof as a condition for the contract to be effective. Applicants shall use the technology export license or certificate of registration of the technology import contract to go through the foreign exchange, banking, taxation and customs formalities.

Local Policy Support

According to Wuhan City Technology Innovation Action Plan (2015-2020), fully implement the important speech of General Secretary Xi Jinping on the implementation of a series of innovation-driven development strategy, and the pilot job requirements of national innovation-oriented city. Using the East Lake National Innovation Demonstration Zone as the engine, promoting technological innovation and accelerate scientific and technological achievements as the core, deepening the science and technology reform as the drive, to deploy innovative chain around the industrial chain. Focusing on the development of optoelectronic information and biological health, to accelerate the transformation and upgrading of related industries. In the relevant aspects of mega data and Internet, the action plan noted that, to build China’s “Smart City” technology creation and application demonstration center, and to led the technological development, industrial upgrading and model innovation in the mega data and Internet. And to encourage and guide enterprises for developing business model innovation which based on mega data and Internet.

In addition, in the aspect of accelerating related industrial restructuring and upgrading, the action plan noted that one of the main tasks is to develop technology service industry, for playing the role of industrial upgrading booster. Vigorously promote professional and integrated technology intermediary service, to enhance the technology service industry’s ability of supporting technology innovation and industry development.

Simultaneously, in the field of technology intermediary service, to break the administrative and regional monopoly, efforts to foster investment-diversified technology intermediary service market players. Strengthening the construction and market operation of public technology platforms, development labs, technology business incubators, technology enterprise accelerators and etc. Developing professional consulting services in intellectual property rights, laws, patents, finance, credit, management and human resources. Developing technology trade in technology transactions, intellectual property transactions, copyright transactions and etc.