People's Republic Of China Scientific And Technological Progress

Original Language Title: 中华人民共和国科学技术进步法

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People's Republic of China President 82nd of the People's Republic of China Law on Science and technology progress by the People's Republic of China th the 31st meeting of the Standing Committee of national people's Congress adopted on December 29, 2007, as amended, now revised the People's Republic of China published in the scientific and technological progress, as of July 1, 2008.
People's Republic of China President Hu Jintao December 29, 2007 People's Republic of China scientific and technological progress (July 2, 1993 session of the second meeting of the Standing Committee of the national people's Congress on December 29, 2007, deputies of the 31st meeting of the Standing Committee amendment) contents chapter I General provisions chapter II chapter III of scientific research, technology development and application of science and technology enterprise technical progress the fourth chapter scientific and technological research and development the fifth chapter of scientific and technical personnel
   Sixth chapter safeguards the seventh chapter legal liability eighth chapter by-laws chapter I General provisions article in order to promote scientific and technological progress, role play first productive forces of science and technology, promoting the transformation of scientific and technological achievements into practical productive forces, promote the development of science and technology to economic and social services in accordance with the Constitution, this law is enacted.
   State shall adhere to the scientific concept of development, implement the strategy of national rejuvenation through science and education, independent innovation, and focusing on beyond supporting development, leading the future of science and technology guidelines, building a national innovation system, building an innovation-oriented country.
   Article III of the State guarantees freedom of scientific research and technological development, encourages scientific research and technological innovation, protect the legitimate rights and interests of scientific and technical personnel.
   The whole society should respect labor, knowledge, talent and creation.
   Schools and other educational institutions should adhere to the theory and practice, training educators of independent thinking, practice and innovation ability, as well as the pursuit of truth, innovation, the scientific spirit of seeking truth from facts.
   Fourth article should rely on Science and technology for economic and social development, progress in science and technology should serve economic construction and social development services.
   Encouraged by the State Science and technology research and development, promoting the application of science and technology to transform traditional industries, high-tech industry development and social programs.
   Fifth national development of science and technology knowledge, popularize scientific and technical knowledge, improve the scientific and cultural qualities of all citizens.
   Encouraged by the State bodies, enterprises, institutions, social organizations and citizens ' participation and support of scientific and technological progress activities.
   Sixth the State encourages scientific research and technological development combined with the development of higher education, industry, encouraging the integration of social sciences and natural sciences and humanities.
   Countries to strengthen trans-regional, trans-and interdisciplinary cooperation in science and technology, support minority regions, remote and poverty-stricken areas of scientific and technological progress.
   States to strengthen cohesion and coordination between military and civilian science and technology program, for military and civilian science and technology resources, technology development needs of mutual communication and two-way transfer of technology, development of dual-use technology.
   Seventh national strategy for development and implementation of intellectual property rights, establishment and improvement of intellectual property systems, and create a social environment of respect for intellectual property rights, and shall protect intellectual property rights, encourage independent innovation.
   Enterprises, institutions and scientific and technological personnel should enhance awareness of intellectual property rights, enhance the ability of independent innovation, improve capacity utilization, protection and management of intellectual property rights.
   Eighth national establishment and improvement of science and technology evaluation in favour of independent innovation system.
   Evaluation system of science and technology shall, depending on the characteristics of science and technology activities, in accordance with the principles of fairness, impartiality, openness, the implementation of classification and evaluation.
   Nineth countries increase financial investment, and industry, taxation, finance, government procurement policies, encourage and guide social investment, promoting the rise in scientific and technological research and development expenditure of the whole society.
   Tenth State Council leadership over scientific and technological progress, development of science and technology development plan establishing the State major science and technology projects, and major projects closely related to science and technology, protection of scientific and technological progress and coordinate economic and social development.
   Local people's Governments at all levels should take effective measures to promote scientific and technological progress.
   11th science and Technology Administration Department under the State Council is responsible for the national science and technology progress of macro-management and co-ordination; other relevant departments under the State Council, within the scope of their respective duties, are responsible for the progress of science and technology.
   Local people's Governments at or above the county level administrations responsible for the administration of science and technology progress in science and technology; local people's Governments at or above the county level in other relevant sectors within the scope of their respective duties, responsible for the scientific and technological progress.
   12th national coordination mechanisms for building scientific and technological progress, research on major issues in the work of scientific and technological progress, coordinating the establishment of the National Science Foundation and the national science and technology plan projects, and each other, resources allocation, coordination of military and civilian science and technology scientific and technological research and development of integrated research and development and higher education as well as science and technology, industrial development and other major issues.
   13th State rules and improve the science and technology decision-making procedures, establish a standard of consultation and decision-making mechanism, and promoting scientific and democratic decision-making.
   Development of science and technology development plan and major policies, determine the major science and technology projects, and major projects closely related to science and technology, should fully heed the views of the scientific and technical personnel, implementation of scientific decision-making.
   14th People's Republic of China Government with foreign Governments, international organizations, scientific and technical cooperation and exchanges between, encourage scientific and technological research and development, universities, scientific and technical personnel, social organizations, enterprises and institutions of science and technology according to international scientific and technological cooperation and exchanges. 15th State to establish science and technology award system, making important contributions to progress in science and technology activities in the Organization and reward individuals.
   Specific measures shall be formulated by the State Council.
Countries encouraged domestic and foreign organizations or individuals to set up science and technology awards of science and technology progress award.
   Chapter II, scientific research, technical development and application of science and technology article 16th countries natural sciences Fund to fund basic research and scientific frontier exploration, training science and technology talent.
   Countries to set up a technology innovation fund to subsidise SMEs ' technological innovation.
   Established in may, when necessary, other States Fund, financing of scientific and technological progress activities. 17th article engaged in following activities of, according to national about provides enjoy tax offers: (a) engaged in technology development, and technology transfer, and technical advice, and technology service; (ii) imports domestic cannot production or performance cannot meet need of scientific research or technology development supplies; (three) for implementation national major science and technology special, and national science and technology plans major project, imports domestic cannot production of key equipment, and raw materials or parts; (four) legal, and national about provides provides of other scientific research, and
   Technical development and application of science and technology activities.
   18th State encourages financial institutions to carry out intellectual property mortgage businesses, encourage and guide financial institutions in terms of credit to support science and technology application and development of high-tech industry, encourage insurance agencies developed according to the needs of the high-tech industry development insurance.
   Policy-oriented financial institution shall, within the scope of its business, and for the application of science and technology and high-tech industries give priority to providing financial services.
   19th State follows the activities of science and technology national objectives and encourage the principle of combining free exploration, advanced deployment and development of basic research, research in cutting-edge technologies and social public welfare research, support basic research, research in cutting-edge technologies and sustained, stable development of social welfare research.
   Scientific and technological research and development institutions, universities, enterprises, institutions and citizens shall have the right to choose the subject engaged in basic research, research in cutting-edge technologies and social-benefit techniques.
   20th with government money to set up the Fund for science and technology project or science and technology plan projects forming the invention patents, layout-designs of integrated circuits, computer software copyright exclusive rights and rights of new varieties of plants, besides involving national security, national interests and of great public interest, a principal shall obtain the authorized project.
   Project stakeholders should be enforceable intellectual property rights provided for in the preceding paragraph, while taking protective measures, and implementing project management agency to submit an annual report on the situation and protect; not implemented within a reasonable period, the State can be implemented free, can also authorize others to pay to implement or voluntary implementation.
   Project the principal shall obtain the intellectual property provisions of the first paragraph of this article, State for reasons of national security, national interests and the need of significant public interest, can be implemented free, can also authorize others to pay to implement or voluntary implementation.
   Project bearers by the application of the first paragraph of this article of intellectual property generated by the distribution of benefits in accordance with the provisions of relevant laws and administrative regulations implemented; stipulated by laws and administrative regulations do not, in accordance with the provisions.
   21st State to encourage the use of Government funds to set up Fund for science and technology project or science and technology plan projects formed first in the use of intellectual property rights.
   Intellectual property rights provided for in the preceding paragraph to outside organizations or individuals assigned or licensed organizations or individuals outside the exclusive implementation shall be approved by the project management Institute; otherwise provided in laws and administrative regulations on approving authorities, in accordance with its provisions.
   22nd encouraged under the national industrial policy and technology policy to introduce advanced foreign technology and equipment.
   Pick with government funding and the introduction of major technology and equipment of State-owned capital, technology absorption and innovation should be carried out.
   23rd the State encourages and supports basic and applied research in agricultural science and technology, dissemination and popularization of agricultural science and technology knowledge, accelerating the industrialization of agricultural science and technology achievement transformation and to promote agricultural scientific and technological progress.
   The people's Governments above the county level shall take measures to support public research and development of agricultural science and technology institutions and agro-technical popularization setups for new agricultural varieties, the research and development of new technologies and applications. Local people's Governments at various levels shall encourage and guide the mass organizations of science and technology in rural areas for farming, forestry, animal husbandry, fisheries, such as the development of scientific and technical services, scientific and technical training for farmers.

   Article 24th as required under the State Council approved the establishment of the national development zones, and the construction and development of national development zones for guidance and support, to form characteristic and advantage play an accumulative effect.
   25th to citizens, legal persons or other organizations of independent innovation in products, services or need to support products, services, performance, technical indicators, such as the ability to meet the needs of government procurement under the condition of government procurement should be purchased first hit the market, government procurement should be the first to purchase.
   Government procurement of products to be developed, the procuring entity should be determined using tenders for scientific and technological research and development institutions, institutions of higher learning or research development, and to order.
   26th national science and technology research and development combined with the products, services, standards, combining scientific research and technological development and product design, manufacturing lead science and technology research and development institutions, universities and enterprises to jointly promote the State's major technological innovation product, service, research, development of standards and the law.
   27th National breeding and development technologies, encourage founded in technology assessment, technology brokerage activities of intermediary service organizations, establish social, professional and networking technology trading service system, promote the popularization and application of scientific and technological achievements.
   Technical trading activities of voluntariness, equality, mutual-benefit paid and the principle of honesty and credit.
   28th State applies science and technology security systems protecting scientific and technological secrets concerning State security and interests.
   Country's precious, rare and endangered species resources, genetic resources, and science and technology resources and exit management system.
Article 29th against the against the national security, harm the public interests and harm human health, violations of ethics and scientific and technological research and development activities.
   30th State Chapter technical progress established enterprises as the mainstay, market-oriented enterprises with scientific and technological research and development, and combines technology innovation system in colleges and universities, to guide and support enterprises ' technological innovation activities, exerting the principal role of enterprises in technological innovation.
   31st people's Government above the county level and their departments to develop the science and technology associated with the industrial development plans should reflect the needs of industry.
   The people's Government above the county level and their departments identify science and technology plan projects, enterprises should be encouraged to participate in implementation and equal competition; the project has a good market prospect, joint scientific and technological research and development, universities, enterprises should be encouraged to implement. 32nd article national encourages enterprise carried out following activities: (a) established internal science and technology research development institutions; (ii) with other enterprise or science and technology research development institutions, and college joint established science and technology research development institutions, or to delegate, way carried out science and technology research development; (three) training, and attract and using science and technology personnel; (four) with science and technology research development institutions, and College, and career college or training institutions joint training professional technology talent and high skills talent,
   Attract college graduates to work in enterprises; (e) a lawfully established post-doctoral workstation (vi) combines technical innovation and worker skills, training, popularization of science and technology activities carried out, the establishment of popularizing science and technology venues or facilities open to the public.
   33rd State encourages enterprises to increase investment in research and development and technological innovation, and independently establish research and development issues, carry out technical innovation.
   The State encourages enterprises to technology absorption and innovation.
   Enterprises to develop new technologies, new products, new technology research and development costs incurred in accordance with relevant regulations of the State, as pre-tax expenditures and additional deduction, enterprises of science and technology research and development instruments and equipment accelerated depreciation.
   34th State to use government funds to set up a Fund for enterprises ' independent innovation and industrialization of loan interest subsidies, guarantee.
   Policy-oriented financial institution shall, within the scope of its business focused on support for the enterprise independent innovation projects encouraged by the State.
   35th State to improve the capital market, establish and perfect the mechanisms for promoting independent innovation, support eligible high-tech enterprises using capital markets to promote their own development.
   State shall encourage the establishment of venture capital funds, guide social capital into the venture investment enterprises, to support enterprise business development.
   36th following enterprises in accordance with relevant provisions of the State tax: (a) enterprises engaged in high-tech research and development of products, production, (ii) investment in small and medium high-tech enterprises venture capital enterprises; (c) stipulated by laws, administrative regulations and other businesses related to the progress of science and technology.
   37th state on public platforms for research and development and the construction of intermediary service organization of science and technology to support it.
   Public platforms for research and development and science and technology intermediary service agencies must provide services for technological innovation in small and medium enterprises.
   38th State protects enterprises made in the research and development of intellectual property.
   Enterprises should continue to improve capacity utilization, protection and management of intellectual property rights, enhance independent innovation capacity and market competitiveness.
   39th State-owned enterprise shall establish a sound distribution system of technology innovation, perfect incentive and restraint mechanisms. Head of State-owned enterprise responsible for the technical progress of enterprises.
   On the performance evaluation of State-owned enterprise officials, Enterprise innovation, innovation should be capacity-building, innovation, etc into the scope of assessment.
   40th local people's Governments at or above the county level and their departments should create a market environment for fair competition and promote technological progress.
Relevant departments under the State Council and people's Governments of provinces, autonomous regions and municipalities through the establishment of industry, finance, energy, environmental protection policies, guidance, prompting companies to research and develop new technologies, new products, new processes, technological transformation and renewal of equipment, eliminating backward technology and equipment, process, stopping production and technology behind the products.
   Fourth chapter 41st State Science and technology research and development and manpower planning layout of the scientific and technological research and development institutions, establishing and perfecting the system of scientific and technological research and development. 42nd a citizen, legal person or other organization shall have the right to establish scientific and technological research and development institutions.
   Foreign organizations or individuals within the territory of China shall independently establish research and development institutions of science and technology, they can work with China organizations or individuals jointly established by law for scientific and technological research and development institutions. Engaged in basic research, research in cutting-edge technologies, social public welfare research of scientific and technological research and development institutions, can be set up with Government funds.
   Using Government funds to set up science and technology research and development institutions, should optimize the configuration, preventing duplicate set; repeating set of scientific and technological research and development institutions, should be integrated. Science and technology research and development institutions and universities can legally established post-doctoral workstation.
   Scientific and technological research and development can be legally set up branches abroad.
   43rd article science and technology research development institutions enjoys following right: (a) Law Organization or participate in academic activities; (ii) according to national about provides, independent determine science and technology research development direction and project, independent decided funding using, and institutions set and personnel hired and the reasonable flow, internal management Affairs; (three) and other science and technology research development institutions, and College and enterprise joint carried out science and technology research development; (four) get social donation and funding; (five) legal, and administrative regulations provides of other right.
   44th scientific and technological research and development should be carried out in accordance with the provisions of the articles of scientific research and technological development activities; fraud in scientific and technological activities shall not participate in or support of superstitious practices.
   Using Government funds to set up the scientific and technological research and development scientific research and technological development activities carried out should be for national objectives and public interest services; conditional, should be open to the public venues or facilities of the popularization of science and technology, science and technology popularization activities.
   Article 45th with government money to set up the scientific and technological research and development institutions should establish clear responsibilities, evaluation of science, open and orderly modern Institute system, standard management and Dean or Director takes responsibility, establishing science and Technology Committee and the employee Congress system of oversight and involvement of external experts in management, subject to public supervision; the President or Director of employment competition.
   Article 46th with government money to set up the scientific and technological research and development institutions, should create an environment conducive to resource sharing mechanism of science and technology, promote the effective use of science and technology resources.
   47th State encourages social forces set up scientific and technological research and development institutions, safeguard their legitimate rights and interests are not violated.
   Social forces to establish scientific and technological research and development institutions are entitled to in accordance with the relevant provisions of the State, participate and compete on an equal footing with Government funds and the establishment of science and technology projects, science and technology plan projects.
Social forces to establish non-profit scientific and technological research and development in accordance with the relevant provisions of the State tax. Fifth chapter science and technology 48th scientific and technical personnel is an important force in socialist modernization.
   State has adopted measures to improve the social status of scientific and technical personnel, through various channels, to cultivate and bring up a variety of specialized science and technology talent, creating a favourable environment and conditions, give full play to the role of science and technology personnel.
   49th levels of people's Governments and enterprises and organizations should take measures to improve the wages and benefits of scientific and technical personnel and give preferential treatment to outstanding scientific and technical personnel.
   50th levels of people's Governments, enterprises and institutions shall guarantee the right of scientific and technical personnel to receive further education and for the rational flow of scientific and technical personnel to create an environment and conditions, develop their expertise.
   51st science and technology personnel based on their academic level and the operational capacity of law select work, competition for jobs, obtain the appropriate position or title. 52nd scientific and technical personnel in difficult and remote areas or work in harsh and dangerous environment, the unit should be in accordance with the regulations of the State subsidies, providing of their post or workplace occupational health and health protection.

   53rd youth science and technology personnel, minority scientists and technicians, female personnel in science and technology competition for professional and technical positions, participation in the evaluation of science and technology and undertake scientific research and technological development projects, equal rights to receive continuing education.
   Discover, train and employ young scientists and technicians, as the evaluation of scientific and technological progress should be an important part of the work. 54th State encourages scientific and technological personnel working abroad to return home engaged in scientific and technological research and development work.
   Using Government funds to set up science and technology research and development institutions, universities employ outstanding scientific and technological personnel working abroad to return home to engage in scientific research and technological development work, should provide convenience for their work and their lives.
   Foreign outstanding scientific and technical personnel engaged in scientific and technological research and development work in China, in accordance with the relevant provisions of the State, may, in accordance with preferential access to permanent residency in the country.
   55th article of scientific and technical personnel must carry forward the scientific spirit, abide by academic norms and abide by professional ethics and honesty; fraud in scientific and technological activities shall not participate in or support of superstitious practices. 56th State encourage the free exploration of science and technology personnel and readiness to take risks.
   Original records to prove that bear exploration of strong, high risk research, science and technology science and technology personnel development project has performed its due diligence obligations are still unable to complete the project, and tolerant.
   57th line with the use of Government funds to set up science and technology fund management institutions, science and technology plan projects, academic integrity should be established for scientists and technicians involved in the project file, as a science and technology personnel employing professional and technical positions or titles, approved applications for scientific research and technological development projects, such as the basis of science and technology.
   Article 58th scientific and technical personnel shall have the right to establish or participate in social organization of science and technology.
   Association for science and technology and other science and technology organization in accordance with the regulations to promote academic exchanges, promoting the construction of disciplines, development of science and technology knowledge, develop expertise, advisory services, strengthen science and technology personnel discipline and play a role in safeguarding legitimate rights and interests of scientific and technical personnel.
Association for science and technology and other science and technology society's legitimate rights and interests protected by law. Chapter sixth safeguard 59th State to gradually raise the overall level of funding for science and technology; State's increased funding for science and technology, should be higher than the regular financial revenue of the State increased.
   Social scientific research and technological development funding should be proper ratio per cent of GDP, and gradually improve.
   60th article financial sex science and technology funds should main for following matters of input: (a) science and technology based conditions and facilities construction; (ii) based research; (three) on economic construction and social development has strategic, and based sex, and forward sex role of frontier technology research, and social public technology research and major common key technology research; (four) major common key technology application and high-tech industrialization model; (five) agricultural new varieties, and technology of research development and agricultural science and technology results of application, and promotion;
   (F) the popularization of science and technology.
   To use government funds to set up scientific and technological research and development institutions, State funding, means giving support.
   61st audit institutions, the financial sector should be in accordance with the financial resources of science and technology management and the use of supervision and inspection.
   No organization or individual may overstate, under false pretenses, embezzlement, misappropriation, interception of Government science and technology funds.
   62nd using Government funds to set up Fund for science and technology project, should adhere to macro-guided, autonomous applications, compete on an equal footing, and support the principle of peer review,; science and technology plan projects using Government funds to set up the project undertaker, shall, in accordance with relevant State regulations and optimize.
   Using Government funds to set up science and technology fund management institutions, science and technology plan projects, experts should be established, establish and improve the scientific and technological projects, projects of science and technology experts review system and the selection of reviewers, avoidance, accountability.
   63rd State follows the principle of overall planning, optimization, integration and set up national bases for scientific research and technological experiments.
   State encourages setting comprehensive scientific and technological experiments on service units, for scientific and technological research and development, universities, enterprises and scientific and technical personnel to provide or authorize any other person to provide scientific and technological experiments on services.
   64th State according to the needs of scientific and technological progress, outstanding shares, in line with the planning, allocation, integrated, Government-led, many building principles, making acquisition of large scientific instruments, equipment planning and carried out mainly to financial funds acquisition of large scientific instruments, equipment of the joint deliberations.
   65th science and Technology Administration Department under the State Council shall, jointly with relevant departments of the State Council, establish bases for scientific and technological research, scientific equipment and scientific and technical literature, science and technology data, natural resources, science and technology popularization of science and technology resources of scientific and technological resources, such as information systems, announced to the public in a timely manner the distribution of scientific and technological resources and usage.
   Science and technology management units should be announced to the public that the management of the resources of the shared use of resources of science and technology system and usage, and depending on their arrangement use; however, the laws and administrative regulations should be kept confidential, in accordance with its provisions. Management of scientific and technological resources shall not violate the intellectual property rights of resource users of science and technology, and should be determined in accordance with relevant regulations of the State charges.
   Between managers and users of other rights and obligations agreed by both parties.
66th country to encourage domestic and foreign organizations or individuals donated property, the establishment of the science and Technology Foundation, funding scientific research and technological development and popularization of science and technology.
   Seventh chapter legal liability 67th in violation of the provisions of this law, making a false report, under false pretenses, embezzlement, misappropriation, interception financial funds for scientific and technological progress, in accordance with the provisions relating to financial illegal activities penalties and ordered corrective action and recover Government funds and illegal income shall be given administrative punishment; directly responsible in charge and other direct liable persons shall be given administrative sanctions.
   68th in violation of the provisions of this law, with Government funds and State-owned capital after the acquisition of large scientific instruments, equipment, does not perform large-scale scientific instruments, obligations of scientific and technological resources, such as shared use of equipment, the competent authority shall order correction to the direct responsible person in charge and other direct liable persons shall be given administrative sanctions.
   69th in violation of the provisions of this law, abuse, restrictions, repression of scientific research and technological development activities, the direct responsible person in charge and other direct liable persons shall be given administrative sanctions. 70th article violation this method provides, plagiarism, and plagiarism others science and technology results, or in science and technology activities in the fraud of, by science and technology personnel where units or units competent organ ordered corrected, on directly is responsible for of competent personnel and other directly responsibility personnel law give disposition; get for science and technology progress of financial sex funds or has illegal proceeds of, by about competent sector recovered financial sex funds and illegal proceeds; plot serious of, by where units or units competent organ to social announced its violations,
   Prohibited its application within a certain period the State Science and technology projects and national science and technology plan projects.
   71st in violation of the provisions of this law, to defraud State Science and technology award, the competent Department shall revoke reward to recover bonuses and given administrative sanctions according to law.
   Violation of the provisions of this law, units or individuals providing false data, recommended materials, assist others to defraud State Science and technology award, granted by the Department criticized in serious cases, suspend or cancel the recommended qualification and shall be subject to punishment.
   72nd in violation of the provisions of this law, science and technology, and other relevant departments and their personnel who abuse their powers, neglect their duties or engages to the direct responsible person in charge and other direct liable persons shall be given administrative sanctions.
73rd in violation of the provisions of this law, other laws, regulations, administrative sanctions, in accordance with its provisions; causing property damage or other damage, he shall bear civil liability constitutes a crime, criminal responsibility shall be investigated according to law.
   Eighth chapter supplementary articles article 74th National Defense Science and technology and other related matters, the State Council and the Central Military Commission. 75th article this law shall enter into force on July 1, 2008.