Research Unit Of Their Infrastructures

Original Language Title: ARAŞTIRMA ALTYAPILARININ DESTEKLENMESİNE DAİR KANUN

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k6550.html

Law No. 6550 Date: 3/7/2014 objective and scope article 1-(1) the purpose of this Act, a more effective use of research infrastructure and support to provide the sustainability-related issues.
(2) of this Act, by the Board's decision to support research infrastructures for qualifying considerations with of duties, powers and responsibilities.
(3) depending on the Turkish armed forces and the police organization of higher education institutions, research infrastructures, are subject to the provisions of private law.
Definitions article 2-(1) in the implementation of this Act;
a) Research Engine: higher education institutions has grown based on modern technologies of the day, qualified manpower and machinery-equipment, hardware and software, r & d activities carried out in the advanced research laboratory, Central Research Laboratory, with thematic research lab are classified as b) research and development (r & d): Culture, people, and increasing the knowledge of the community's information and that information to design new processes, systems and applications to use without systematically conducted creative work in a foundation , c) r & d personnel: direct r & d activities of a researcher and technicians, d) Researcher: what's new with r & d activities in projects within the scope of the definition of new knowledge, products, processes, methods and systems design or creation of the management processes of the relevant project and full-time or part-time employee at least undergraduate degree contacts, d) technician: Engineering, science and health sciences in the areas of higher education seen or vocational or vocational schools, the technical , graduated from science and health, technical knowledge and experience, contacts, e) Ministry: Ministry of Development, f) Advisory Board: Research Infrastructure Advisory Board, g) support staff: participating in the r & d activities or activities directly associated with the administrator, the lab technician, Secretary and other staff) advanced research laboratory: has the strategic importance of working nationally in areas they can execute common effect and international competitive research unit. , h) Committee: monitoring and Proficiency Evaluation Committee, ı) the Board: Research Infrastructures Council, I) Institution shares: public institutions and organizations in support of r & d project carried out by the implementation of the right to a stage of research infrastructure and concluding that it takes money, depending on the support program project cost calculated by the institutions and activities of the project is being carried out research infrastructure to be used in actual project budget of Central Research Laboratory, the amount involved, j) : Higher education institutions needed in research and related activities conducted machinery-equipment and other research opportunities offered by the hosting unit, k) collaborative research engine: higher education institutions, public institutions and organizations, private sector organizations and/or non-governmental organizations in partnership with established research infrastructure, l) Secretariat: monitoring and evaluation of performance of Research infrastructure with the scope of this law to fulfill other tasks given to scientific and technological research Council of Turkey (TUBITAK) created within the unit a Specific Thematic research lab, m) specializes in the scientific field and to: field in the national and regional level capable of r & d activity execution research unit, n) innovation: social and economic benefits that may turn out to be a new product, service, application, method, process, or business model and the results of them, with the idea that) Board of Directors: the Board of Directors of research infrastructure, high-tech University and higher education establishment: ö) institutes of higher education institutions of the Foundation with refers to.
Research Infrastructures Committee article 3-(1) the Board; Chaired by the Minister of development science, industry and technology Minister and consists of the Minister of national education. After applying to the views of experts can be invited to the Board. The Board takes decisions unanimously. And principles for the regulation of the Board.
(2) the Board's tasks include the following: a) Development plans and programs with other government policies and priorities set out in the documentation in line with the general strategy and priorities regarding research infrastructure, determine the road map for implementation.
b) Research infrastructures should be given and the removal of a sufficient proficiency you confirm their decision.
According to the research infrastructure to be transferred to c) Performances of financial support.
c members of the Board of Directors approve the research infrastructures).
d) Research pertaining to private partnership infrastructure and operation as age considerations give approval.
e) set up and established Research infrastructures companies companies partner with regard to basic principles being set and making decisions about the offerings in this frame.
f) Research infrastructures for machinery-equipment and supplies to be used in purchases resources take measures for efficient and effective.
g) qualified educational user removed the movable and immovable property belonging to the research infrastructure of the decision.
ğ) Research infrastructures personnel upper and lower limits for the financial rights.
h) Management and Advisory Board members will be held to determine payments.
use of Research infrastructures) basic principles and rules.
n.) International Research infrastructures business units shall audit and participation, international cooperation the same provision and other related matters contribution of evaluations and decide.
j) where he considers it necessary, provided that the Committee explicitly determine the boundaries of the attitude of devolution.
Structure and functions of monitoring and Proficiency Evaluation Committee article 4-(1) Committee, chaired by the Under-Secretary of the Ministry of development's National Education Ministry Undersecretary, Undersecretary of the Ministry of science, industry and technology, Chairman of the Board of higher education and SCIENTIFIC RESEARCH COUNCIL consists of the President of the. The Committee, to take advantage of expert opinion can invite people to meetings. The Committee needs to create the necessary in the Subcommittee.
(2) the Committee, on the Board's tasks in the field of work at the technical level and makes recommendations for decision.
(3) the work of the Subcommittee and the Committee and decision making in a regulation the procedures and principles.
Status of research infrastructures article 5-(1) the Board by an entity, given the decision of research infrastructures qualifying WINS and all transactions that have not been edited by this law are subject to the provisions of private law.
Research infrastructures of the duties, powers and responsibilities article 6-(1) Research infrastructures of the duties, powers and responsibilities are as follows: a) to establish the necessary infrastructures in the field of Activity and their business perform.
b) business areas related issues education, basic and applied research, technology development, technology transfer, entrepreneurship, consulting, and commercialization activities.
c) Research infrastructures the opportunities offered by the Board within the framework of the basic principles and rules set by higher education institutions, public institutions and agencies, and other researchers with the private sector and to provide uninterrupted service to users.
ç) private sector, higher education institutions and Government agencies in cooperation with financing those projects to prepare projects and national and international institutions and organizations, supported projects.
d) comes with its own national and international resources and carry out research projects.
e) higher education institutions academic activities carried out research activities to support such way.
the activities carried out in Research infrastructure f) that result from all kinds of protection of intellectual and industrial property rights, and other private and legal persons granting usage rights issues take necessary precautions.
g) Research infrastructures work carried out related to the topic of intellectual and industrial property rights, provide consulting services, for the protection of rights and provide financial support.
knowledge generated and developed in Research infrastructure) technologies to the country's economy, will contribute to the social development of industrial and commercial value in order to ensure that the return and set up the company with the approval of the Board and/or established companies being in common.
h. the use of devices Users, lab safety) training.
I) quality assurance and standards, accreditation, environment, ethics and legal regulations research engine and take necessary security measures regarding employees.
n.) domestic and/or foreign natural and legal persons the Protocol, contract with and/or agreements within the framework of collaborations.
j) Research infrastructures activity areas in topics such as seminars, symposia, congresses, conferences, scientific meetings, publications, r & d and innovation fair edit or participate in organized.

(2) Research infrastructures, in collaboration with its stakeholders management prepared the net current vision, mission and strategic objectives performance indicators and for those goals with action plans that it sends to the Board for approval.
(3) this law as determined by the Board of all research infrastructure within the framework of the basic principles and rules is essential to have available to all users.
(4) a qualifying entity, by giving the decision of administrative and financial affairs of the winning research infrastructure support services for the Board of Directors is about the infrastructure required by higher education institution or public institutions and organizations by fulfilled. The corresponding regulation issues.
Research infrastructures of organs article 7-(1) Research infrastructures; the Board of Directors, Advisory Board and is composed of the offices.
The Board of Directors article 8-(1) the Board of Directors is the decision-making and research infrastructure research infrastructure related to any administrative and financial responsibility. The Board of Directors, other higher education research infrastructure is related to higher education institution, institutions, private sector and public institutions and organizations are non-governmental organizations with at least five to be selected, up to a maximum of nine members. The Board structure, working procedures and principles to be the President of the selection board with a regulation.
(2) the duties and powers of the Board of Directors are as follows: a) Research infrastructure strategic objectives, taking into account the recommendations of the Advisory Committee to identify, confirm its budget and human resource plan.
b) within the framework of the basic principles set by Established research infrastructure stakeholders by procedures and principles regarding the use and cost of service study with principles.
c) to be compatible with the goals of the research infrastructure strategic annual performance indicators.
ç), taking into account the recommendations of the research infrastructure Advisory Committee annual action plan annual report acknowledged.
d) National and international collaborations, such as the need for new investment in strategic issues to decide.
e) private partnership joint investment, operation of the private sector as age considerations and provide to the Board for approval.
f) setting up a company and provide to the Board for approval to be a partner to the company's decision.
g) recruitment of staff, determine the research infrastructure manager and deciding to go.
I) movable and immovable property, and selling and renting service to decide.
h), the Board shall determine within the framework of the research infrastructure of the upper and lower limits, it is possible to determine the financial rights of the staff.
(3) Research engine powers the Board of Directors deems necessary attitude at a fraction of the limits listed above, provided that you may transfer the research infrastructure manager determine explicitly.
(4) Advanced and need to see the Board of Directors of thematic research laboratories in order to cede a portion of its authority, at least one relevant higher education institution with a consensus, including amongst themselves can create an Executive Committee consisting of three people.
(5) the Board of Directors makes regular meeting once a month or two, as determined by the regulation at the invitation of Chairman of the Board of Directors of exceptional cases. The members of the Board of directors only paid for ordinary meetings. The meeting will be held per net payment amount (40,000) indicator the number multiplied by the monthly result of monthly factor applied to civil servants will be getting the amount, not to exceed the employment regulations and other constraints to, without considering the research infrastructure is determined by the Board and the class research infrastructure budget will be paid directly from the person concerned. Extraordinary meetings are only travelling expenses, subsistence and research expenses for the infrastructure fostered from the budget. Member of the Board of Directors of mission, 31/5/2006 within the framework of the General Social Insurance Act No and 5510 health insurance under social insurance or the insured does not require to be in terms of universal health insurance and in accordance with this paragraph to the insurance premium payments based on earnings are not included.
The Advisory Committee article 9-(1) the Advisory Committee of persons who are in the field of research infrastructure activities with higher education institutions, the relevant professional bodies, the private sector and public institutions and organizations, including among most employees consists of more than twenty members. According to the type of research infrastructure Advisory Board is determined by the number of members in the Assembly will have. Advisory Board and principles of regulation with the structure.
(2) Advisory Board tasks include the following: a) strategic targets and action plan for research infrastructure recommendations related to.
b) every year the scientific and technological activities carried out in strategic research infrastructure objectives and the action plan is to examine, evaluate and report to the Board of Directors.
c) Board will need provide consulting services to other issues.
(3) the Advisory Committee makes the ordinary meeting twice a year, in cases determined by the regulation at the invitation of Chairman of the Board of Directors may convene extraordinary. Advisory Board members get paid for just their regular meeting. The meeting will be held per net payment amount (25,000) indicator the number multiplied by the monthly result of monthly factor applied to civil servants will be getting the amount, not to exceed the employment regulations and other constraints to, without considering the research infrastructure is determined by the Board and the class research infrastructure budget will be paid directly from the person concerned. Extraordinary meetings are only travelling expenses, subsistence and research expenses for the infrastructure fostered from the budget. The task of the Advisory Board membership, 5510 numbered law in terms of social security or public health insurance pursuant to this paragraph does not require to be insured and insurance premium payments are not included in the main to gain.
Director of research infrastructure article 10-(1) the Director, the Board will decide by majority of votes with at least undergraduate degree in the field of science, technology, and innovation among individuals who have at least five years experience is selected; a three-year term contracts 10/5/2003 and is employed in accordance with the provisions of the law No. 4857.
(2) the principal's duties and powers are as follows: a) strategic targets and activities of the Research infrastructure action plan execute, as regular and effective execution of the work that is required to take measures.
to ensure the sustainability of Research infrastructure financial b) take necessary precautions.
c) Research infrastructure projects and activities, assess, control, and reporting to the Board of Directors.
ç) Research infrastructure that will serve researchers, technicians and support staff regarding the number, quality, and performance, making the work of the Board of Directors, free offer.
d) budget of action plan and Research infrastructure report of activities to prepare and present to the approval of the Board of Directors.
e within the limits to be determined by the Board of Directors) expenditures, services perform their purchases.
f) Research infrastructure with the work of the staff to be employed to work for an end to the proposal to the Board of Directors.
g) of accounts, Research infrastructure service receivables.
ğ) Research infrastructure as a result of the studies, the resulting intellectual and industrial property rights, the benefits of research infrastructure related to preventive measures.
h) Board decisions to implement and fulfill other tasks given.
(3) the Director, duties and powers of the Board of Directors is liable due to.
Establishment of research infrastructure, private sector partnership and operation as age article 11-(1) Research infrastructures, higher education institution campuses, public institutions and fields of technology development regions, organized industrial zones and can be installed in the industrial area. Buildings and other immovable elements of the private sector and non-governmental organizations, in the case of research infrastructures be met by the private sector and non-governmental organizations in the land belonging to the Board.
(2) Research infrastructures, a higher education institution can be established by the higher education institution with public institutions and organizations, private sector organizations and/or in partnership with non-governmental organizations also can be installed. The partnership of the parties share common research infrastructure issues related to the rights and obligations with respect to general principles regulation.
(3) providing support in research infrastructure established in common, the rights and obligations of the parties, to be held between the parties to the Protocol.
(4) providing support for research infrastructures operating in the private sector the rights to be recognized. Rights and obligations of the parties are determined by the Protocol.
(5) the operation of the Research infrastructure in the field of science and technology to the private sector and may be transferred to foundations or associations working in the public interest. Rights and obligations are determined by the Protocol for the circuit.

(6) under this article shall take effect with the approval of the protocols Established, the scope of the Protocol, the parties ' rights and obligations, responsibilities and other matters related to the regulation.
Platform for research infrastructures article 12-(1) will be determined by the Board technology operating in the areas of research infrastructures, increasing cooperation, discussing issues, sharing knowledge and experience, introducing new products, technology and inventions and the development of the private sector cooperation can create platforms for the purposes.
(2) the decision of the Board to support the activities of Platforms can be provided. Platforms, supported by the procedures and principles of work considerations in a regulation.
Supporting research infrastructures revenues and article 13-(1) Qualifying decision research infrastructures, performance and investment from the Central Government budget according to class, staff and other current expenditures can be provided financial support for the decision of the Board. Financial support, the Ministry's budget for this purpose from the dependent child allowance or other public administration imposed budget is met. The Ministry's budget for this purpose, the research infrastructure than placed on class and will be determined by the Board taking into account the performance rate is also higher education institutions related to scientific research infrastructure research activities can be passed to the resource to be used.
(2) the proceeds of Research infrastructures; services and revenues generated from the project, made from domestic and abroad received donations, project support, intellectual and industrial property rights is provided by the higher education institution with revenues of Central Government budget revenues from resources, and other income.
(3) the private sector and non-governmental organizations established with the participation of Central Government budget of joint research infrastructures can be provided current and investment support. Support to be provided, taking into account the share of the public research infrastructure partnership is determined by the Board.
(4) Business as age made research infrastructures to meet current expenses will not be transferred to the public source.
(5) the proceeds of Research infrastructures are excluded from the scope of higher education institutions in the capital.
(6) received Qualifying research infrastructures carried out by public institutions and r & d support programs is given priority. These programs will be given to the scope of the research infrastructure support is determined by the regulation project in institution shares ratio.
(7) support for research infrastructures revenues, and revenues will be transferred to the share of higher education institutions with budgets, preparation of action plans and annual reports, spending goes to the payment of the rights owners and the accounting issues related to regulation.
Human resources article 14-(1) Research infrastructures services, the personnel employed in accordance with the provisions of the legislation work with higher education are public institutions and full-time or part-time staff by hand from görevlendirmeyle is executed.
(2) Research infrastructures Director, Deputy Director, full-time researcher, part-time researchers, technicians and support staff can be employed.
(3) public institutions and organizations with higher education institutions and their employees shall not be employed in research infrastructure with institutions. These institutions by making the employment relationship ends. These wages with other financial and contractual benefits to-do. In this way they employed research infrastructure at the end of the learning tasks in situations, years of service and by considering the results of the previous title of institutions in accordance with their careers or status an empty staff within six months at the latest of the person or position will do is assigned within three months at the latest upon application and without any processing will start the task within one month. However, in the appointment of these individuals, they ignored previous institutions administrative title. In accordance with this paragraph the persons returned from previous institutions research infrastructure evaluated like the other services on its occupation in the past, vested interests are taken into account monthly degrees and levels. In this case, seniority compensation shall not be paid and these periods shall be taken into account in the pension account.
(4) public institutions and organizations with staff at higher education institutions in research infrastructure needed for working themselves fired up at the request and with the consent of the agencies and organizations can be run as full or part time. This month, allowances, compensations and other kinds of hike and social rights and benefits shall be paid in their own institutions and establishments. In this context the personnel assigned to be done monthly net additional payment amount (40,000) indicator the number multiplied by the monthly result of monthly factor applied to civil servants to be obtained is determined by the decision of the Board of Directors to a maximum amount.
(5) Research infrastructure in accordance with the provisions of the legislation of foreign r & d personnel job can be run in accordance with the provisions of the legislation.
(6) higher education institutions within the scope of this article, the temporary personnel who served on a task-research infrastructure will be excluded from the scope of higher education institution capital incomes.
(7) Research Faculty members are assigned a research infrastructure substructure spent periods of time in the 4/11/2547 dated 1981 and pursuant to the provisions of the law on higher education academic promotion for required deadlines.
(8) article from the staff employed in the research infrastructure within the scope of compulsory service who are working on a research infrastructure while the obligation of public institutions and organizations with higher education institutions is deducted from the period of compulsory service obligations.
(9) Research infrastructure be employed in accordance with the provisions of the staff regulations on business will be given all sorts of financial and social rights with no monthly fees are determined by the Board within the upper and lower limits will be determined by the decision of the Board of Directors.
Proficiency, coordination, monitoring and evaluation article 15-(1) Research infrastructures proficiency is determined by the Board and the process for issuing the decision is executed.
(2) be subject to Proficiency Assessment is determined by the Ministry of research infrastructures and evaluations made by the Secretariat.
(3) the assessment made by the secretariat according to the result of proficiency is determined by the candidate to take on research infrastructures Committee. Ministry by qualifying higher education institution related to the candidate to take research infrastructure, the terms set in this Law and the regulations providing for the decision of the Board can refer to proficiency. Proficiency will be evaluated by the Board and the candidate to acquire research infrastructure reference is provided to qualifying eligible.
(4) Proficiency Assessment considered all kinds of movable and immovable properties without the need for any other processing entity, by giving a qualifying decision winner offloaded research infrastructure.
(5) the Board for five years in qualifying decision research infrastructures. Competence of the research infrastructures decided to resume the qualifying conditions are monitored and evaluated the extent necessary. Provisions of this law, be established or monitoring and evaluation according to the result of the activities of the research infrastructure in the event of disruptions in fulfilling the research infrastructure needed to give time to make improvements in the infrastructure may cancel or change the class of the enough.
(6) removed the research infrastructure of the qualified educational user to all kinds of movable and immovable property of the relevant higher education institution or other research infrastructures are decided by the Board of. The decision of the Foundation proficiency higher education institutions research infrastructures inherited movable and immovable properties in the case of the removal of the same Foundation higher education institution you enough are handed over.
(7) the Board by proficiency in the general coordination of infrastructure given the decision of the Ministry.
(8) the monitoring and evaluation processes of the Ministry and all kinds of information and documents requested by the Secretariat of the relevant institutions and organizations by giving the required notice is mandatory.
(9) other matters relating to the process of monitoring and evaluation and regulation.
Exemptions article 16 – (1) Research infrastructures, in order to carry out the objectives referred to in this r & d and innovation activities in terms of customs duty on goods imported for use and, in this context, the Fund held all kinds of papers and transactions shall be exempt from stamp duties, in terms of fees.
(2) Research infrastructures, the implementation of this Act in relation to the acquisition of movable and immovable property, sale, hire and purchase of goods and services and the transfer of receivables collection are papers will be organised as part of the stamp duty, in terms of what actions to take in terms of donations and grants to do from all fees due are exempt from inheritance and gift tax.

(3) Research infrastructures by companies established or recognized common owned within the scope of the law will not be able to take advantage of the exemptions and exceptions.
Intellectual and industrial property rights article 17 – (1) Research project conducted by the engine during the realization of works, inventions, industrial design, integrated circuit topography and technical information as well as all kinds of intellectual product rights belong to the research infrastructure. The rights of intellectual products made partially or fully contract may be transferred to the owner of the invention.
(2) on the basis of the research infrastructure project is a party to the contract during the realization of the rights of intellectual products likely emergence of contractually regulated.
(3) Research Engine, the resulting patent and inventions can make regarding production and sales.
(4) Research infrastructure as a result of the economic evaluation of intellectual rights belonging to be obtained as income at least twenty percent will be determined by the regulation for a maximum of fifty percent within the framework of the principles and procedures is provided to the owner of the intellectual product. This Board is authorized to increase to 20 percent.
It won't take effect provisions article 18-(1) the Board by qualifying decision research infrastructures, 10/12/2003 and law No. 5018 Public Financial Management and control Law, 8/9/1983 and procurement law No. 2886, 4/1/2002 and public procurement law No. 4734 and 4735 numbered 5/1/2002 and public procurement Contracts is not subject to the provisions of the law.
(2) 4/11/2547 dated 1981 and higher education Law, 11/10/1983 and law of higher education Staff and no. 2914 28/3/1983 and law No. 2809 Organization for institutions of higher education Act, the provisions of this law.
Regulation of article 19 (1) of this Act, procedures and principles regarding the implementation will be determined in regulations by the Ministry.
Reductions and exclusions PROVISIONAL ARTICLE 1-(1) 31/12/to be implemented until 2023;
a within the scope of this law enforcement Research infrastructures) r & d and innovation activities for the purpose of profit gains from excepted from corporate tax.
b) public personnel who work in research infrastructure, excluding r & d and support personnel from the income tax the fees with this task, in this context, the paper held excepted from stamp duty. This incentive will take advantage of the number of support staff, the number of r & d personnel shall not exceed ten percent.
c) private sector and/or non-governmental organization established through joint financing research infrastructures are common corporate tax payers, the scope of this law, research and development and innovation contribute to this expenditure for the period amounts to 28/2/2008 support for research and Development Activities No. 5746 dated About Law from promoting r & d discount given access is located. That might be useful in this context r & d discount amount cannot exceed the amount wagered partnership share of research infrastructure.
(2) discounts and exceptions provided under this article the application time separately or together with Council of Ministers is authorized to extend up to 10 years.
Entry into force article 20-(1) this Act enters into force on the date of promulgation.
Article 21 execution-(1) this Law the provisions of the Council of Ministers.