People's Republic Of China Agricultural Mechanization Promotion Law

Original Language Title: 中华人民共和国农业机械化促进法

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   June 25, 2004 list of Deputies adopted at the tenth session of the Standing Committee chapter I General provisions chapter II chapter III quality assurance of research and development the fourth chapter to promote the use of the fifth chapter social service support measures Chapter Sixth seventh eighth chapter legal liability annex chapter I General provisions article in order to encourage, support peasants or agricultural production and operation organizations with advanced agricultural machinery, agricultural mechanization and construction of modern agriculture, this law is enacted.
Agricultural mechanization in this law article, refers to the use of advanced agricultural machinery agriculture, improve agricultural production conditions, technical level continued to increase agricultural production and economic benefit and ecological benefit in the process.
Agricultural machinery in this law refers to agricultural production activities related to farming and primary processing of products such as machinery and equipment.
The third people's Governments above the county level agricultural mechanization should be integrated into national economic and social development plans, financial support and the implementation of national provisions taken preferential tax policy and financial support measures to gradually improve the mechanization investment, give full play to the role of market mechanisms, in accordance with local conditions and cost effective, the principle of ensuring safety, protecting the environment, promoting the development of agricultural mechanization. Fourth national guidance, support peasants or agricultural production and operation organizations choose advanced agricultural machinery.
No unit or individual may force peasants or agricultural production and operation organizations buying their designated agricultural products.
Fifth article country to take measures to carry out publicity and education of scientific and technological knowledge of agricultural mechanization, training professionals for agricultural mechanization, agricultural mechanization information services, improve agricultural mechanization level.
Article sixth of agriculture administration under the State Council departments and other relevant work of agricultural mechanization Department, in accordance with their respective responsibilities, close coordination, joint promotion of agricultural mechanization.
Local people's Governments at or above the county level agricultural mechanization Department and other relevant departments in charge, according to their respective duties, cooperate closely, common agricultural mechanization promotion of their respective administrative areas.
Chapter seventh people's Governments above provincial level of research and development and the relevant departments shall organize relevant units taken technology research, testing, demonstration and other measures to promote fundamental, critical, public agricultural research and the application of advanced agricultural machinery.
Eighth national agricultural mechanization science and technology research in support of relevant research institutions and colleges, according to different conditions for agricultural production and farmers ' needs, research and development of advanced agricultural machinery support combination of research, teaching and production of agricultural machinery, promote, promote the development of agricultural machines and agricultural production technology fit the requirement.
Nineth State supported agricultural machinery producers developed advanced agricultural machinery, the use of advanced technology, advanced technology and advanced materials, improving the quality of agricultural products and technology, reducing production costs, provides serialization and standardization, versatility and quality, saving energy, agricultural machinery products at reasonable prices.
Tenth national support introduced, using advanced agricultural machinery, key parts and technology, encourage foreign investment engaged in the research, development, production and management of agricultural machinery. Chapter III quality assurance article 11th States to strengthen standard system construction of agricultural mechanization, to develop and improve agricultural product quality, quality and quality standard.
Agricultural machinery products related to personal safety technical requirements, quality and safety of agricultural products and environmental protection, should be in accordance with the relevant laws and administrative regulations of establishing both mandatory technical specifications.
12th product quality supervision departments shall organize on agricultural product quality supervision and inspection.
Industrial and commercial administrative departments should strengthen the supervision and administration of the agricultural products market.
Agriculture administration under the State Council departments and the provincial departments in charge of agricultural mechanization based on the complaints of the use of agricultural machinery and the practical needs of agricultural production, can be organized on specific kinds of agricultural machinery products at the suitability, security, reliability and service survey of the situation and announce the findings.
13th agricultural machinery producers and sellers should be on the production and sale of agricultural machinery is responsible for product quality, and in accordance with the relevant provisions of the State responsibility training, after-sales service and spare parts supply.
Producers of agricultural machinery should be in accordance with the requirements of national standards, industry standards and to ensure personal safety, in the production of agricultural machinery product set necessary security guards, warning signs, and warning specifications in Chinese. Article 14th products do not meet the quality requirements for agricultural machinery, agricultural machinery producers, the seller shall be responsible for the repair, replacement or return; users of agricultural machinery in agricultural production or other losses, it shall compensate for the losses. Agricultural machinery agricultural machinery sellers, users have the right to request to be compensated.
After the compensation of agricultural machinery, were the responsibility of producers of agricultural machinery, agricultural machinery agricultural machinery producers, seller shall have the right to recourse.
For agricultural machinery defects cause personal injury, property damage, and agricultural machinery producers, or seller shall compensate for the losses.
15th article included in the catalogue of agricultural machinery products will be certified according to law, without certification and labeling certification marks, against factory, sales and imports.
Prohibition of production and sales do not meet the requirements of the technical norms of the State compulsory agricultural machinery products.
Prohibit the use of defective spare parts and scrap machine parts assembling machinery products. The fourth chapter to promote the use of 16th national support to peasants or agricultural production and operation organizations promoting advanced agricultural machinery products.
Promoting agricultural products should meet the needs of local agriculture, and in accordance with the provisions of the agricultural techniques promotion law in the promotion area after tests proved to be advanced and applicability. Producers or sellers of agricultural machinery, agricultural machinery testing accreditation bodies may be entrusted, on the production or sale of agricultural products for suitability, security and reliability testing and technical evaluation.
Agricultural machinery testing certifying agency shall publish suitability, security and reliability of the test results of agricultural products, to peasants or agricultural production and operation organizations purchase advanced farm machinery information.
17th can the people's Governments above the county level shall be based on the actual situation, in different agricultural regions of demonstration base of agricultural mechanization and agricultural machinery producers, operators are encouraged to establish agricultural demonstration and guide the peasants or agricultural production and operation organizations with advanced agricultural machinery. Article 18th departments of agriculture administration under the State Council in conjunction with the financial sector, economic macro-control departments, based on the promotion of agricultural restructuring, protection of natural resources and ecological environment, promotion of the principles of new agricultural technology and speeding up agricultural updates, determine, disclosure of State support to promote the application of advanced agricultural machinery product catalog and periodic adjustments.
The provincial departments in charge of agricultural mechanization in conjunction with the financial sector, economic macro-control departments according to the above principles, identification, announced provincial governments support the promotion of advanced agricultural machinery product catalog and periodic adjustments.
The products included in the list in the preceding paragraph shall apply by agricultural producers on a voluntary, and through the agricultural machinery testing certifying agency to advance, suitability, security and reliability.
19th State shall encourage and support farmers ' cooperative to use agricultural machinery, improved agricultural machinery utilization and operational efficiency, and reduce operational costs. State support and protection for farmers insist on the basis of household contract management, voluntary organizations and standardization of cultivation, raise the level of agricultural machinery operation.
No unit or individual is allowed to regionalization, standardized cultivation as an excuse for violations of farmers ' land contract management right.
Article 20th agriculture administration under the State Council departments and local people's Governments at or above the county level departments in charge of agricultural mechanization should be in accordance with the principle of safety and prevention, strengthen agricultural machinery safe use of propaganda, education and management.
Users of agricultural machinery operation, shall, in accordance with safety rules operating agricultural machinery, set up in a dangerous position and job protective devices or warning signs. The fifth chapter 21st social service farmers, agricultural machinery operation organization in accordance with the principle of voluntary and equal consultation, for local or foreign peasants or agricultural production and operation organizations provide various paid services of agricultural machinery.
Paid work shall conform to the national or local regulations for agricultural machinery agricultural machinery operation quality standards. State encourages TRANS-farm machinery operation services.
People's Governments at all levels and relevant departments should support agricultural machinery TRANS-operations, maintenance job order, convenience and service, and the implementation of safety supervision and management in accordance with law. 22nd people's Governments at various levels shall take measures to encourage and support the development of various forms of agricultural machinery service organization, promoting the construction of information network of agricultural mechanization, improve agricultural mechanization service system.
Agricultural machinery service organization should be based on the needs of farmers, agricultural production and operation organizations, provide farm machinery demonstration and practical technical training, maintenance, information, mediation and other social services.
23rd national grass-roots agricultural technical popularization setups shall be established by relying on the test base, peasants or agricultural production and operation organizations provide free public welfare agricultural technology promotion, training and other services. 24th agricultural machinery maintenance and repair operations and should have suitable instruments, equipment and agricultural machinery maintenance of professional and technical personnel, guarantee the quality of maintenance.
Repair of substandard maintenance should be repaired for free, causing personal injury or property damage, the repairer must legally undertake the compensation responsibility.
25th agricultural machinery producers, operators, maintenance personnel may, in accordance with provisions of laws and administrative regulations, voluntary establishment of industry associations and industry self-regulation, provide services for members, defend their legitimate rights and interests.
Sixth chapter support 26th State to take measures to encourage and support the producers of agricultural machinery to increase new product, new technology, new technology research and development investment, and the research, development and manufacturing of agricultural machinery to implement preferential tax policies. Central and local budgetary arrangements for science and technology development fund should give support to technological innovation in agricultural machinery industry.

27th Central and provincial governments should be arranged special funds for farmers or agricultural production and operation organizations purchase country support the promotion of advanced agricultural subsidies. The use of subsidy funds should follow the open, fair, timely and effective principles, can be distributed to peasants or agricultural production and operation organizations, discount methods can also be used to support financial institutions to peasants or agricultural production and operation organizations purchase advanced farm machinery loans.
Specific measures shall be formulated by the State Council.
28th engaged in the production of agricultural machinery service income, give tax breaks according to state regulations. Countries according to the needs of the agricultural and rural economic development, arrangement of fuel subsidies for agricultural production of agricultural machinery working. Fuel subsidies should be directly engaged in agricultural machinery operation of peasants or agricultural production and operation organizations.
Specific measures shall be formulated by the State Council.
29th the local people's Governments at various levels shall take measures to strengthen the rural tractor mechanization of infrastructure such as road construction and maintenance, creating conditions for agricultural mechanization.
Local people's Governments at or above the county level agricultural mechanization in the competent departments shall establish work of agricultural mechanization of information collecting, sorting and dissemination system, peasants or agricultural production and operation organizations provide free information services.
Seventh chapter 15th articles of legal responsibility of 30th in violation of this Act, be punished in accordance with the relevant provisions of the law of product quality constitutes a crime, criminal responsibility shall be investigated according to law.
31st agricultural machinery drivers and operators in violation of State regulations for safe operation, illegal operations, correction, shall be punished according to relevant laws and administrative regulations constitutes a crime, criminal responsibility shall be investigated according to law.
Articles 32nd in agricultural machinery testing certifying agency does not comply with the requirements for the identification of agricultural machinery producers and sellers were identified, or forged identification, proof of a false, causes losses to the agricultural machinery users shall bear the liability.
Article 33rd agriculture administration under the State Council departments and local people's Governments at or above the county level departments in charge of agricultural mechanization in violation of this law, force or disguised forced producers and sellers of agricultural machinery on its production and sales of agricultural products were identified and monitored by the competent authority or authorities shall be ordered to rectify, and the supervisor directly responsible and other persons directly responsible shall be given administrative sanctions.
34th article violates this law set forth in 27th, 28th, intercept or misappropriate related funds, competent authorities ordered to return the interception, misappropriation of funds, confiscate, and monitored by the competent organ, organ or organization directly responsible for the competent and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. Eighth chapter supplementary articles article 35th of the law shall take effect on November 1, 2004.