Science and technology progress law of the people's Republic of China It has been revised and adopted by the 32nd meeting of the Standing Committee of the 13th National People's Congress of the people's Republic of China on December 24, 2021, and shall come into force as of January 1, 2022. Among them, it involves a number of intellectual property clauses. The State formulates and implements the intellectual property strategy, establishes and improves the intellectual property system, creates a social environment that respects intellectual property rights, protects intellectual property rights, and encourages independent innovation. The original text of the newly revised law of the people's Republic of China on scientific and technological progress is as follows:
Law of the People's Republic of China on the Progress of Science and Technology
(adopted at the second meeting of the Standing Committee of the Eighth National People's Congress on July 2, 1993, revised for the first time at the 31st meeting of the Standing Committee of the Tenth National People's Congress on December 29, 2007, and revised for the second time at the 32nd meeting of the Standing Committee of the Thirteenth National People's Congress on December 24, 2021) Chapter two basic research Chapter 3 applied research and achievement transformation Chapter IV technological innovation of enterprises Chapter V scientific and technological research and development institutions Chapter VI scientific and technical personnel Chapter 7 regional scientific and technological innovation Chapter VIII international cooperation in science and technology Chapter IX safeguard measures Chapter X Supervision and Administration Chapter XI Legal Liability Chapter XII supplementary provisions Article 1 this law is formulated in accordance with the Constitution for the purpose of comprehensively promoting the progress of science and technology, giving full play to the role of science and technology as the first productive force, the first driving force for innovation, and the first resource for talents, so as to promote the transformation of scientific and technological achievements into realistic productive forces, promote scientific and technological innovation, support and guide economic and social development, and build a socialist modern country in an all-round way. Article 2 adhere to the overall leadership of the Communist Party of China over the cause of science and technology. The state adheres to the new development concept, adheres to the core position of scientific and technological innovation in the overall situation of the national modernization construction, takes the self-reliance of science and technology as the strategic support of national development, implements the strategy of invigorating the country through science and education, strengthening the country with talents and innovation driven development strategy, and takes the road of independent innovation with Chinese characteristics to build a powerful country with science and technology. Article 3 the work of scientific and technological progress shall face the forefront of science and technology in the world, the main battlefield of economy, the major needs of the state, and the life and health of the people, so as to serve the promotion of economic and social development, the maintenance of national security and the promotion of sustainable human development. The State encourages scientific and technological research and development, promotes the transformation of Applied Science and technology, promotes the upgrading of traditional industries, the development of high-tech industries and social undertakings, supports the realization of the goal of carbon peak carbon neutralization, gives birth to new development momentum and realizes high-quality development. Article 4 the State shall improve an efficient, coordinated and open national innovation system, coordinate scientific and technological innovation and institutional innovation, improve the new national system under the conditions of socialist market economy, give full play to the decisive role of the market in the allocation of innovative resources, give better play to the role of the government, optimize the allocation of scientific and technological resources, improve the efficiency of resource utilization, and promote close cooperation among various innovation subjects The orderly flow of innovation elements, continuous optimization of innovation ecology, improvement of systematic ability and key breakthrough ability, and enhancement of overall efficiency of innovation system. The state will build and strengthen a national strategic science and technology force with national laboratories, national scientific and technological research and development institutions, high-level research universities and leading enterprises in science and technology as important components, and play a leading role in strategic support and major original innovation efficiency in key areas and key directions, and serve the major strategic needs of the country. Article 5 the State shall make overall plans for development and security, improve the ability of scientific and technological safety governance, improve the system and mechanism for preventing and resolving the risks of scientific and technological security, strengthen the safety management of scientific and technological research, development and application activities, support scientific and technological innovation in the field of national security, and enhance the ability and level of scientific and technological innovation to support national security. Article 6 the State encourages the combination of scientific and technological research and development with the development of higher education and industry, and encourages interdisciplinary integration and mutual promotion. The state strengthens cross regional, cross industry and cross field cooperation in science and technology, and supports scientific and technological progress in old revolutionary base areas, ethnic minority areas, remote areas and underdeveloped areas. The state strengthens the coordinated development of military and civil science and technology, promotes the exchange of military and civil science and technology resources and technology development requirements, and bidirectional transfer of technology, and develops dual-use technologies. Article 7 the State shall, in accordance with the principle of combining scientific and technological activities in serving the state objectives and encouraging free exploration, make advanced arrangements for major basic research, frontier technology research with great industrial application prospects and social public welfare technology research, and support the sustained and stable development of basic research, frontier technology research and social public welfare technology research, We will strengthen the original innovation and tackling key core technologies, and accelerate the realization of high-level scientific and technological self-reliance. Article 8 the state guarantees the freedom of scientific and technological research and development, encourages scientific exploration and technological innovation, and protects the legitimate rights and interests of scientific and technical personnel such as free exploration. Scientific and technological research and development institutions, institutions of higher learning, enterprises and institutions and citizens have the right to choose their own subjects, explore unknown scientific fields, and engage in basic research, frontier technology research and social public welfare technology research. Article 9 schools and other institutions of education shall adhere to the principle of integrating theory with practice, pay attention to the cultivation of the educatees' ability of independent thinking, practice, innovation and critical thinking, as well as the scientific spirit of pursuing truth, advocating innovation and seeking truth from facts. The state gives full play to the important role of institutions of higher learning in scientific and technological research, encourages them to carry out scientific research, technological development and social services, and cultivates senior professionals with a sense of social responsibility, innovative spirit and practical ability. Article 10 scientific and technical personnel are an important talent force in the cause of socialist modernization and should be respected by the whole society. The state adheres to the strategic position of talent leading development, deepens the reform of talent development system and mechanism, cultivates, introduces and makes good use of talents in an all-round way, creates an environment in line with the laws of scientific and technological innovation and talent growth, and gives full play to the role of talents as the first resource. Article 11 the state creates a social environment conducive to scientific and technological innovation, and encourages government organs, mass organizations, enterprises and institutions, social organizations and citizens to participate in and support scientific and technological progress activities. The whole society should respect labor, knowledge, talents and creativity, so as to form a fashion of advocating science. Article 12 the state develops the cause of popularization of science and technology, popularizes scientific and technological knowledge, strengthens infrastructure and capacity-building for popularization of science and technology, and improves the scientific and cultural quality of all citizens, especially young people. Popularization of science and technology is the common responsibility of the whole society. The state establishes and improves the incentive mechanism for the popularization of science and technology, and encourages scientific and technological research and development institutions, colleges and universities, enterprises and institutions, social organizations and scientific and technical personnel to actively participate in and support the popularization of science and technology. Article 13 The State formulates and implements the intellectual property strategy, establishes and improves the intellectual property system, creates a social environment in which intellectual property is respected, protects intellectual property rights, and encourages independent innovation. Enterprises, institutions, social organizations and scientific and technical personnel shall enhance their awareness of intellectual property rights, enhance their ability of independent innovation, improve their ability to create, use, protect, manage and serve intellectual property rights, and improve the quality of intellectual property rights. Article 14 The State shall establish and improve a scientific and technological evaluation system conducive to innovation. The evaluation of science and technology should adhere to the principles of openness, fairness and justice, and be guided by the quality, contribution and performance of scientific and technological innovation, and should be classified according to the characteristics of different scientific and technological activities. Article 15 the State Council shall lead the work of scientific and technological progress throughout the country, formulate medium and long-term plans for scientific and Technological Development and scientific and technological innovation, and determine major national scientific and technological projects and major projects closely related to science and technology. The medium and long-term plans for scientific and Technological Development and scientific and technological innovation should make clear the guiding principles, give play to the role of strategic guidance, guide and coordinate the layout of scientific and technological development, resource allocation and policy formulation. The people's governments at or above the county level shall incorporate the work of scientific and technological progress into the national economic and social development plans, so as to ensure the coordination of scientific and technological progress with economic construction and social development. Local people's governments at all levels shall take effective measures to strengthen the organization and management of scientific and technological progress, optimize the environment for scientific and technological development, and promote scientific and technological progress. Article 16 the administrative department of science and technology under the State Council shall be responsible for the macro management, overall planning and coordination, service guarantee and supervision and implementation of the work of scientific and technological progress throughout the country; Other relevant departments under the State Council shall, within the scope of their respective functions and duties, be responsible for the relevant work of scientific and technological progress. The administrative departments of science and technology of the local people's governments at or above the county level shall be responsible for the work of scientific and technological progress in their respective administrative areas; Other relevant departments of the local people's governments at or above the county level shall, within the scope of their respective functions and duties, be responsible for the relevant work of scientific and technological progress. Article 17 The State shall establish a coordination mechanism for the work of scientific and technological progress, study major issues in the work of scientific and technological progress, coordinate the establishment and mutual connection of national science and technology planned projects, coordinate the allocation of scientific and technological resources, the integration of scientific and technological research and development institutions, and the combination of scientific and technological research and development with higher education and industrial development. Article 18 May 30 of each year is the national day for scientific and technological workers. The state establishes and improves the science and technology award system, establishes the highest national science and Technology Award and other awards to reward organizations and individuals that have made important contributions to the activities of scientific and technological progress. Specific measures shall be formulated by the State Council. The State encourages organizations or individuals at home and abroad to set up science and technology awards, and awards those organizations and individuals that have made contributions to the activities of scientific and technological progress. Chapter two basic research Article 19 the state strengthens the capacity building of basic research, respects the law of scientific development and the law of talent growth, strengthens the systematic layout of projects, talents and bases, so as to provide good material conditions and strong institutional guarantee for the development of basic research. The state strengthens planning and deployment, promotes the organic combination of free exploration of basic research and goal orientation, focuses on major key technical issues, strengthens basic research in emerging and strategic industries, and improves the source supply capacity of science and technology, focusing on the frontier of science and technology, economic and social development, major needs of national security and people's life and health. The State encourages scientific and technological research and development institutions, institutions of higher learning and enterprises to give full play to their own advantages, strengthen basic research and promote original innovation. Article 20 the state finance shall establish an input mechanism for stable support of basic research. The State encourages local people's governments with conditions to rationally determine financial input for basic research and strengthen support for basic research in light of the needs of local economic and social development. The state guides enterprises to increase investment in basic research, encourages social forces to invest in basic research through various channels such as donation and fund establishment, and provides financial, financial and tax policy support. Gradually increase the proportion of basic research funds in the total funds for scientific and technological research and development of the whole society, so as to meet the requirements of the construction of an innovative country and a powerful science and technology country. Article 21 the state establishes a natural science fund to support basic research and support personnel training and team building. The principles of macro guidance, independent application, equal competition, peer review and preferential support shall be adhered to in determining the projects funded by NSFC. Local people's governments with conditions may set up natural science funds to support basic research in light of the actual economic and social conditions and development needs of their respective regions. Article 22 The State shall improve the discipline layout and knowledge system construction, promote the interdisciplinary integration, and promote the coordinated development of basic research and applied research. Article 23 The State shall intensify the training of basic research personnel, strengthen stable support for basic research personnel, and improve the quality and level of basic research personnel. The State shall establish a resource allocation mechanism to meet the needs of basic research, establish an evaluation system and incentive mechanism suitable for basic research, create a good environment for basic research, and encourage and attract excellent scientific and technical personnel to engage in basic research. Article 24 the state strengthens the construction of basic research bases. The state improves the construction of basic conditions for basic research and promotes openness and sharing. Article 25 the State supports institutions of higher learning to strengthen the construction of basic disciplines and the training of basic research personnel, enhance the ability of independent distribution of basic research, and promote the high-quality development of basic research in Institutions of higher learning. Chapter 3 applied research and achievement transformation Article 26 The State encourages the use of applied research to drive basic research, so as to promote the integration and development of basic research, applied research and achievement transformation. The state improves the common basic technology supply system, promotes the deep integration of innovation chain and industrial chain, and ensures the security of industrial chain supply chain. Article 27 The State shall establish and improve the coordination mechanism for tackling key scientific problems, strengthen the integrated allocation of projects, talents, bases and funds in key fields in light of economic and social development, major needs of national security and people's life and health, promote close cooperation between industry, University and research institutes, and promote independent and controllable key core technologies. Article 28 the state improves the national system of tackling key core technologies, organizes the implementation of major scientific and technological tasks that reflect the strategic needs of the state, systematically arranges major scientific and technological projects with foresight and strategic characteristics, and deploys research and development of key core technologies in advance. Article 29 The State shall strengthen the construction of generic technology platforms and scientific and technological research and development institutions oriented to the needs of industrial development, and encourage local governments to build applied research and scientific and technological research and development institutions around development needs. The State encourages scientific and technological research and development institutions and institutions of higher learning to strengthen research on common basic technologies, and encourages enterprises as the leading force to carry out market-oriented and industrial application-oriented research and development activities. Article 30 the State shall strengthen the development and application of pilot scale, engineering and industrialization of scientific and technological achievements, and accelerate the transformation of scientific and technological achievements into practical productive forces. Scientific and technological research and development institutions and institutions of higher learning set up with financial funds should actively promote the transformation of scientific and technological achievements, strengthen the construction of technology transfer institutions and talent teams, and establish and improve the system for promoting the transformation of scientific and technological achievements. Article 31 the State encourages enterprises, scientific and technological research and development institutions, institutions of higher learning and other organizations to establish a cooperative mechanism with complementary advantages, clear division of labor, sharing of achievements and sharing of risks. In accordance with the market mechanism, the State shall jointly establish research and development platforms, Technological Innovation Alliances and innovation consortia, so as to jointly promote research and development and the transformation of scientific and technological achievements, We will improve the transfer and transformation of scientific and technological achievements. Article 32 the project undertaker shall be authorized to acquire relevant intellectual property rights in accordance with the law for the scientific and technological achievements formed by scientific and technological plan projects established with financial funds, on the premise of not harming national security, national interests and major social and public interests. The project undertakers may invest in transformation, transfer to others, and jointly implement transformation with others License others to use or make investment. The project undertaker shall implement the intellectual property rights stipulated in the preceding paragraph in accordance with the law, take protective measures, and submit an annual report on the implementation and protection to the project management organization; If it has not been implemented within a reasonable period of time and without justifiable reasons, the state may implement it free of charge, or permit others to implement it without compensation or without compensation. In order to meet the needs of national security, national interests and major social and public interests, the state may implement the intellectual property rights stipulated in the first paragraph of this article without compensation, or permit others to implement the intellectual property rights without compensation. The distribution of interests arising from the implementation of the intellectual property rights provided for in the first paragraph of this article shall be carried out in accordance with the relevant laws and regulations; If there are no provisions in laws and regulations, the agreement shall be followed. Article 33 The State implements a distribution policy oriented by increasing the value of knowledge, promotes the reform of the mechanism for the ownership and distribution of intellectual property rights in accordance with the relevant provisions of the state, and explores the system of giving scientific and technical personnel the ownership or long-term right to use their scientific and technological achievements. Article 34 The State encourages the first use of intellectual property rights formed by scientific and technological projects set up with financial funds in China. The transfer of the intellectual property rights mentioned in the preceding paragraph to overseas organizations or individuals, or licensing the exclusive use of the intellectual property rights by overseas organizations or individuals, shall be subject to the approval of the project management agency; Where there are other provisions on the approval authority in laws and administrative regulations, such provisions shall prevail. Article 35 The State encourages the application of new technologies, promotes the application tests of new technologies, new products, new services and new models in accordance with the principle of inclusiveness and prudence, so as to create conditions for the application of new technologies and new products. Article 36 The State encourages and supports the applied research of agricultural science and technology, disseminates and popularizes knowledge of agricultural science and technology, speeds up the transformation and industrialization of agricultural scientific and technological achievements, promotes the progress of agricultural science and technology, and uses agricultural science and technology to lead the revitalization of rural areas and the modernization of agriculture and countryside. The people's governments at or above the county level shall take measures to support public welfare agricultural scientific and technological research and development institutions and agricultural technology popularization institutions in the research, development, application and popularization of new agricultural varieties and technologies. Local people's governments at all levels shall encourage and guide agricultural science and technology service institutions, special commissioners for science and technology and rural mass scientific and technological organizations to provide scientific and technological services for the development of planting, forestry, animal husbandry and fishery, and to provide scientific and technological training and guidance to farmers. Article 37 The State promotes the combination of scientific and technological research and development with the formulation of product and service standards, and the combination of scientific and technological research and development with product design and manufacturing; We will guide scientific and technological research and development institutions, institutions of higher learning, enterprises and social organizations to jointly promote the research, formulation and adoption of national standards for major technological innovation products and services, and participate in the formulation of international standards. Article 38 The State fosters and develops a unified, open, interconnected and orderly competition technology market, encourages the establishment of intermediary service agencies engaged in technology assessment, technology brokerage, innovation and entrepreneurship services, and guides the establishment of a socialized, specialized, networked, information-based and intelligent technology trading service system and an innovation and entrepreneurship service system, Promote the application and promotion of scientific and technological achievements. Technology trading activities shall follow the principles of voluntariness, equality, mutual benefit, compensation and good faith. Chapter IV technological innovation of enterprises Article 39 The State shall establish a technological innovation system with enterprises as the main body, market as the guidance, and enterprises working closely with scientific and technological research and development institutions and institutions of higher learning, guide and support technological innovation activities of enterprises, support enterprises to take the lead in tackling key national scientific and technological problems, give full play to the principal role of enterprises in technological innovation, and promote enterprises to become decision makers of technological innovation The main body of scientific research investment, organization of scientific research and achievement transformation, promoting the gathering of various innovation elements to enterprises, and improving the technological innovation ability of enterprises. The state cultivates leading scientific and technological enterprises with influence and competitiveness, and gives full play to the innovation leading role of leading enterprises in science and technology. Article 40 The State encourages enterprises to carry out the following activities: (1) establishing internal scientific and technological research and development institutions; (2) to carry out cooperative research with other enterprises, scientific and technological research and development institutions and institutions of higher learning, jointly establish scientific and technological research and development institutions and platforms, set up scientific and technological enterprise incubation institutions and innovation and entrepreneurship platforms, or carry out scientific and technological research and development by means of entrustment; (3) to train, attract and use scientific and technical personnel; (4) to train professional and skilled personnel jointly with scientific and technological research and development institutions, institutions of higher learning, vocational colleges or training institutions, so as to attract graduates of institutions of higher learning to work in enterprises; (5) setting up post doctoral workstation or mobile station; (6) to carry out science and technology popularization activities in combination with technological innovation and skill training for staff and workers, and set up stadiums or facilities open to the public for the popularization of science and technology. Article 41 The State encourages enterprises to strengthen original innovation, carry out technical cooperation and exchange, increase investment in research and development and technological innovation, independently establish research and development topics and carry out technological innovation activities. The State encourages enterprises to digest, absorb and re innovate the introduced technologies. Research and development expenses incurred by enterprises in developing new technologies, new products and new processes may, in accordance with the relevant provisions of the state, be paid before tax and deducted in addition. The depreciation of scientific and technological research and development instruments and equipment can be accelerated. Article 42 The State shall improve the multi-level capital market, establish and improve the mechanism for promoting scientific and technological innovation, and support qualified scientific and technological enterprises to use the capital market to promote their own development. The state has strengthened guidance and policy support, broadened the source of venture capital funds through multiple channels, and provided support for the development of enterprises. The state improves the financing system for the listing of science and technology-based enterprises, unblocks the financing channels for domestic listing of scientific and technological enterprises, and gives full play to the financing function of capital market in serving scientific and technological innovation. Article 43 the following enterprises shall enjoy preferential tax policies in accordance with the relevant provisions of the state: (1) enterprises engaged in research, development and production of high and new technology products; (2) science and technology-based small and medium-sized enterprises; (3) venture capital enterprises that invest in start-up scientific and technological enterprises; (4) other enterprises related to scientific and technological progress as stipulated by laws and administrative regulations. Article 44 The State shall support the construction and operation of public research and development platforms, science and technology intermediaries, innovation and entrepreneurship service institutions. Public research and development platforms, science and technology intermediaries, innovation and entrepreneurship service institutions shall provide services for technological innovation of small and medium-sized enterprises. Article 45 The State protects the intellectual property rights acquired by enterprises in their research and development. Enterprises should constantly improve the quality and efficiency of intellectual property rights, and enhance the ability of independent innovation and market competition. Article 46 state owned enterprises shall establish and improve the research and development investment system, distribution system, assessment and evaluation system conducive to technological innovation, and improve the incentive and restraint mechanism. The person in charge of a state-owned enterprise is responsible for the technological progress of the enterprise. The performance evaluation of the person in charge of a state-owned enterprise shall include the enterprise's innovation investment, innovation ability construction and innovation achievements into the scope of the assessment. Article 47 local people's governments at or above the county level and their relevant departments shall create a market environment of fair competition and promote technological progress of enterprises. The relevant departments of the State Council and the people's governments at the provincial level shall, by formulating policies on industry, finance, finance, energy, environmental protection and response to climate change, guide and urge enterprises to research and develop new technologies, new products and new processes, carry out technological transformation and equipment renewal, eliminate backward equipment and processes, and stop producing backward technology products. Chapter V scientific and technological research and development institutions Article 48 the state makes overall plans for the distribution of scientific and technological research and development institutions, establishes and improves the system of scientific and technological research and development. The state has built national laboratories in major scientific and technological innovation fields related to national security and economic and social development, established and improved a laboratory system led by national laboratories and supported by national key laboratories, and improved the stable support mechanism. Scientific and technological research and development institutions established with financial funds should adhere to the guidance of national strategic needs and provide public science and technology supply and emergency scientific and technological support. Article 49 natural persons, legal persons and unincorporated organizations shall have the right to establish scientific and technological research and development institutions in accordance with law. Organizations or individuals outside the territory of China may establish scientific and technological research and development institutions independently in accordance with law, or jointly with organizations or individuals within China. Scientific and technological research and development institutions engaged in basic research, frontier technology research and social public welfare technology research may be established with financial funds. To establish scientific and technological research and development institutions with financial funds, the allocation should be optimized to prevent duplication. Scientific and technological research and development institutions and institutions of higher learning may set up post doctoral mobile stations or workstations. Scientific and technological research and development institutions may set up branches abroad according to law. Article 50 scientific and technological research and development institutions shall enjoy the following rights: (1) to organize or participate in academic activities according to law; (2) to independently determine the direction and projects of scientific and technological research and development in accordance with the relevant provisions of the state, and independently determine the use of funds, institutional settings, performance appraisal and salary distribution, title evaluation, transformation of scientific and technological achievements and income distribution, post setting, personnel employment and reasonable flow, etc; (3) to carry out scientific and technological research and development, technical consultation and technical services jointly with other scientific and technological research and development institutions, institutions of higher learning and enterprises; (4) receiving social donations and subsidies; (5) other rights prescribed by laws and administrative regulations. Article 51 scientific and technological research and development institutions shall formulate articles of association according to law and carry out scientific and technological research and development activities in accordance with the functional orientation and business scope prescribed in the articles of association; We should strengthen the construction of scientific research style and style of study, establish and improve scientific research integrity, scientific and technological ethics management system, and abide by the scientific research activities management norms; They shall not organize, participate in or support superstitious activities. Scientific and technological research and development institutions set up with financial funds to carry out scientific and technological research and development activities shall serve the national goals and social and public interests; If conditions permit, venues or facilities for the popularization of science and technology shall be opened to the public and activities for popularization of science and technology shall be organized. Article 52 a scientific and technological research and development institution established with financial funds shall establish a modern institution system with clear responsibilities, scientific evaluation, openness and orderly management, implement the responsibility system of the president or director, establish the consultation system of the science and Technology Committee and the supervision system of the staff and workers' Congress, and absorb external experts to participate in the management Accept social supervision; Competition mechanism is introduced into the employment of president or director. Article 53 The State shall improve the evaluation system for scientific and technological research and development institutions established with financial funds, and the evaluation results shall be used as the basis for the establishment, support, adjustment and termination of the institutions. Article 54 scientific and technological research and development institutions established with financial funds shall establish and improve the open and sharing mechanism of scientific and technological resources, so as to promote the effective utilization of scientific and technological resources. The State encourages scientific and technological research and development institutions established by social forces to open and share scientific and technological resources within a reasonable scope. Article 55 the State encourages enterprises and other social forces to establish scientific and technological research and development institutions on their own to protect their legitimate rights and interests. Scientific and technological research and development institutions established by social forces have the right, in accordance with the relevant provisions of the state, to compete on an equal footing and participate in the implementation of scientific and technological projects set up with financial funds. The state improves the tax preferential system for non-profit scientific and technological research and development institutions established by social forces. Article 56 The State supports the development of new innovative subjects such as new research and development institutions, improves the development model of diversified investment entities, modernization of management system, marketization of operation mechanism and activation by man-machine mechanism, and guides new innovative subjects to focus on scientific research, technological innovation and R & D services. Chapter VI scientific and technical personnel Article 57 the State shall create a social environment in which talents are respected and cherished, an institutional environment characterized by fairness, equality and competition, and a living environment with appropriate treatment and strong protection, so as to create favorable conditions for scientific and technical personnel to devote themselves to scientific research. The State takes various measures to improve the social status of scientific and technical personnel, train and bring up specialized scientific and technological personnel, ensure that scientific and technological personnel are engaged in scientific and technological innovation and research and development activities, and give full play to the role of scientific and technological personnel. Unfair treatment of scientific and technical personnel and their scientific and technological achievements in any way and by any means is prohibited. Article 58 The State speeds up the construction of strategic talents, optimizes the structure of the contingent of scientific and technological talents, improves the training, discovery, introduction, use and evaluation mechanism of innovative talents and teams such as strategic scientists and scientific and technological leading talents, and implements supporting policies such as talent echelon, scientific research conditions and management mechanism. Article 59 The State shall improve the education and training mechanism for innovative talents, strengthen the cultivation of scientific interest in basic education, strengthen the training of technical and skilled personnel in vocational education, strengthen the combination of resource allocation of higher education and the cultivation of innovative talents in the field of science and technology, and strengthen and improve the reserve of strategic scientific and technological talents. Article 60 people's governments at all levels, enterprises, institutions and social organizations shall take measures to improve the income distribution mechanism reflecting the value of knowledge, technology and other innovative elements, optimize the income structure, establish a mechanism for stable wage growth, and raise the wage level of scientific and technical personnel; Scientific and technical personnel with outstanding contributions shall be given preferential treatment and honorary encouragement. Scientific and technical personnel of scientific and technological research and development institutions and institutions of higher learning established with financial funds may engage in part-time work and obtain legal income with the consent of their units on the premise of fulfilling their post responsibilities, completing their own work and avoiding conflict of interest. Awards and remuneration for technological development, technical consultation and technical services shall be drawn in accordance with the relevant provisions on the transformation of scientific and technological achievements. The State encourages scientific and technological research and development institutions, institutions of higher learning and enterprises to encourage scientific and technical personnel by means of equity, options and dividends. Article 61 people's governments at all levels, enterprises and institutions shall guarantee the right of scientific and technical personnel to receive continuing education and create the environment and conditions for the rational, unimpeded and orderly flow of scientific and technical personnel and give full play to their expertise. Article 62 scientific and technical personnel may, on the basis of their academic level and professional ability, choose their work units, compete for appointment of corresponding posts and obtain corresponding posts or titles. Scientific and technical personnel shall abide by their work commitments, fulfill their post responsibilities and complete the work corresponding to their posts or titles. Article 63 The State implements a system of classified evaluation of scientific and technical personnel, adopts different evaluation standards and methods for personnel engaged in different scientific and technological activities, highlights the orientation of innovation value, ability and contribution, reasonably determines remuneration, allocates academic resources and sets evaluation cycle, so as to form a talent evaluation system conducive to scientific and technical personnel's dedicated research and innovation, We should stimulate the innovative vitality of scientific and technical personnel. Article 64 The administrative departments of science and technology and other relevant departments, enterprises and institutions shall improve the management system of scientific and technical personnel, enhance their service awareness and guarantee ability, simplify the management process, avoid repetitive inspection and evaluation, reduce the burden of scientific and technical personnel in terms of project application, material submission and fund reimbursement, and guarantee the scientific research time of scientific and technical personnel. Article 65 when scientific and technical personnel work in hard or remote areas or in harsh or dangerous environments, the unit to which they belong shall, in accordance with the relevant provisions of the state, give subsidies, provide occupational health and health protection and safety guarantee for their posts or workplaces, and provide convenient conditions for them to receive continuing education and professional training. Article 66 young scientists and technicians, scientists and technicians of ethnic minorities and female scientists and technicians shall enjoy equal rights in competing for professional and technical posts, participating in scientific and technological evaluation, undertaking scientific and technological research and development projects, and receiving continuing education. Encourage senior scientists and technicians to play an active role in the progress of science and technology. People's governments at all levels, enterprises and institutions shall create environment and conditions for the growth of young scientists and technicians, encourage them to explore and try in the field of science and technology, and give full play to their role. The discovery, cultivation and use of young scientists and technicians should be taken as an important part of the evaluation of scientific and technological progress. People's governments at all levels, enterprises and institutions should improve the training, evaluation and incentive mechanism of female scientific and technical personnel, care about women scientific and technical personnel in pregnancy and nursing period, and encourage and support female scientific and technical personnel to play a greater role in scientific and technological progress. Article 67 scientific and technical personnel shall vigorously carry forward the spirit of patriotism, innovation, seeking truth, dedication, coordination and education, adhere to the spirit of craftsmanship, abide by academic and ethical norms, abide by professional ethics, be honest and trustworthy in all kinds of scientific and technological activities; It is not allowed to practise fraud in scientific and technological activities, nor to participate in or support superstitious activities. Article 68 The State encourages scientific and technical personnel to explore freely, to take risks bravely, and to create a good atmosphere of encouraging innovation and tolerating failure. If the original records can prove that the scientific and technical personnel undertaking the scientific and technological research and development project with strong exploration and high risk have fulfilled the obligation of diligence and due diligence, but still can not complete the project, they shall be exempted from liability. Article 69 scientific research integrity records shall be used as an important basis for scientific and technical personnel to engage in professional and technical posts or professional titles, to examine and approve scientific and technological personnel to apply for scientific and technological research and development projects, and to award scientific and technological awards. Article 70 scientific and technical personnel shall have the right to establish or join scientific and technological social organizations according to law. In accordance with the articles of association, science and technology associations and social organizations of science and technology play a role in promoting academic exchanges, promoting discipline construction, promoting scientific and technological innovation, carrying out scientific and technological popularization activities, training specialized personnel, carrying out consulting services, strengthening self-discipline of scientific and technical personnel, and safeguarding their legitimate rights and interests. The legitimate rights and interests of science and technology associations and scientific and technological social organizations shall be protected by law. Chapter 7 regional scientific and technological innovation Article 71 The State shall make overall plans for the regional spatial distribution of science and technology resources, promote the close connection between the central scientific and technological resources and local development needs, and adopt various ways to support regional scientific and technological innovation. Article 72 local people's governments at or above the county level shall support the research and application of science and technology, create conditions for promoting the transformation of scientific and technological achievements, and provide a good innovation environment for promoting regional innovation and development. Article 73 the scientific and technological plans related to industrial development formulated by the people's governments at or above the county level and their relevant departments shall reflect the needs of industrial development. The people's governments at or above the county level and their relevant departments shall encourage enterprises to compete on an equal footing and participate in the implementation of the projects; Enterprises should be encouraged to jointly implement projects that meet the needs of industrial development and have clear market application prospects. The implementation of local major science and technology plans shall be connected with the deployment of major national scientific and technological tasks. Article 74 the State Council may, when necessary, approve the establishment of science and technology parks such as national high and new technology industrial development zones and national independent innovation demonstration zones, and give guidance and support to the construction and development of science and technology parks, so as to form their own characteristics and advantages and give full play to the driving effect of agglomeration and demonstration. Article 75 The State encourages local people's governments at or above the county level, where conditions permit, to build bases and platforms for major scientific and technological innovation, cultivate carriers of innovation and entrepreneurship, and create regional highlands of scientific and technological innovation in accordance with the national development strategy and the needs of local development. The State supports the construction of science and technology innovation centers and comprehensive science centers in places where conditions permit, so as to play a role of radiation driving, deepening innovation reform and participating in global scientific and technological cooperation. Article 76 The State shall establish a regional mechanism for cooperation in scientific and technological innovation and a mechanism for coordination and mutual assistance, encourage local people's governments at all levels and their relevant departments to carry out cross regional innovation cooperation, and promote the rational flow and efficient gathering of various innovative elements. Article 77 major strategic areas of the state may rely on regional innovation platforms to build benefit sharing mechanisms, promote the free flow of talents, technology, funds and other elements, promote the opening and sharing of scientific instruments and equipment, scientific and technological infrastructure, scientific engineering and scientific and technological information resources, and improve the efficiency of regional transformation of scientific and technological achievements. Article 78 The State encourages local governments to actively explore regional models of scientific and technological innovation, respect the law of agglomeration of regional scientific and technological innovation, and choose the development path of scientific and technological innovation with regional characteristics according to local conditions. Chapter VIII international cooperation in science and technology Article 79 The State promotes open, inclusive, mutually beneficial and shared international scientific and technological cooperation and exchange, and supports the construction of a community with a shared future for mankind. Article 80 the government of the people's Republic of China develops scientific and technological cooperation and exchanges with foreign governments and international organizations. The State encourages scientific and technological research and development institutions, institutions of higher learning, scientific and technological social organizations, enterprises and scientific and technological personnel to carry out international scientific and technological cooperation and exchanges, actively participate in scientific research activities, promote the opening and flow of international scientific and technological resources, form a high-level pattern of open and cooperation in science and technology, and promote the progress of science and technology in the world. Article 81 The State encourages enterprises, institutions and social organizations to build an international scientific and technological innovation cooperation platform through various channels to provide international scientific and technological innovation cooperation services. Enterprises and institutions, social organizations and scientific and technical personnel are encouraged to participate in and launch international scientific and technological organizations to enhance international scientific and technological cooperation and exchange. Article 82 The State adopts various ways to support the cooperative research and development of outstanding scientific and technological talents at home and abroad, so as to meet the common challenges faced by mankind and explore the scientific frontier. The State supports scientific and technological research and development institutions, institutions of higher learning, enterprises and scientific and technical personnel to actively participate in and organize the implementation of the international grand scientific plan and large science project. The state improves the mechanism of intellectual property protection, science and technology ethics and security review in international scientific and technological research cooperation. Article 83 The State shall expand the opening up and cooperation of science and technology plans to the outside world, encourage foreign-funded enterprises and foreign scientific and technological personnel in China to undertake and participate in scientific and technological plan projects, and improve the mechanism for overseas scientific and technological personnel to participate in national science and technology plan projects. Article 84 The State shall improve relevant social services and safeguard measures, encourage scientific and technical personnel working abroad to return home, and attract foreign scientific and technological personnel to engage in scientific and technological research and development in China. Scientific and technological research and development institutions and other scientific and technological organizations may employ overseas scientific and technical personnel according to their development needs. Scientific and technological research and development institutions and institutions of higher learning established with financial funds shall provide convenience for their work and life if they employ overseas scientific and technological personnel to engage in scientific and technological research and development. Outstanding foreign scientific and technical personnel who come to China to engage in scientific and technological research and development may, in accordance with the relevant provisions of the state, give priority to the right of permanent residence in China or obtain Chinese nationality. Chapter IX safeguard measures Article 85 The State shall increase financial investment, formulate policies on industry, finance, taxation and government procurement, encourage and guide social investment, and promote the sustained and stable growth of funds for scientific and technological research and development of the whole society. Article 86 the State shall gradually raise the overall level of investment in science and technology; The growth rate of the state finance used for science and technology should be higher than that of the state's recurrent revenue. The funds for scientific and technological research and development of the whole society should account for an appropriate proportion of GDP and be gradually increased. Article 87 financial funds for science and technology shall be mainly used for the investment of the following matters: (1) basic conditions for science and technology and facilities construction; (2) basic research and frontier interdisciplinary research; (3) frontier technology research, social public welfare technology research and major common key technology research that have strategic, basic and forward-looking role in economic construction and social development; (4) application of major common key technologies and demonstration of high and new technology industrialization; (5) application and popularization of scientific and technological research and development related to the ecological environment and people's life and health; and; (6) research and development of new agricultural varieties and technologies and application and popularization of agricultural scientific and technological achievements; (7) training, attraction and use of scientific and technical personnel; 8. Popularization of science and technology. For scientific and technological research and development institutions established with financial funds, the State shall provide support in terms of funds and experimental means. Article 88 the establishment of a national science and technology plan shall meet the needs of the state, focus on the major strategic tasks of the state, and follow the laws of scientific research, technological innovation and achievement transformation. The state has established a coordination mechanism for science and technology plans and a performance evaluation system to strengthen specialized management. Article 89 The State establishes funds to assist small and medium-sized enterprises to carry out technological innovation and promote the transformation and application of scientific and technological achievements. When necessary, the state may set up other non-profit funds to support basic research, technological research for social welfare, international joint research, etc., to finance scientific and technological progress activities. Article 90 those who engage in the following activities shall enjoy preferential tax treatment in accordance with the relevant provisions of the state: (1) technology development, technology transfer, technology licensing, technical consultation and technical services; (2) to import articles for scientific research, technological development or popularization of science and technology that cannot be produced in China or whose performance cannot meet the needs; (3) to import key equipment, raw materials or spare parts that cannot be produced domestically for the purpose of implementing major national science and technology projects and major national science and technology projects; (4) to carry out science and technology popularization activities open to the public in science and technology popularization venues and bases; and; (5) donating funds to carry out scientific and technological activities; (6) other activities of scientific research, technological development and application as stipulated by laws and relevant state regulations. Article 91 for the scientific and technological innovation products and services of natural persons, legal persons and non legal person organizations within the territory of the people's Republic of China, if their functions and quality indicators can meet the needs of government procurement, government procurement shall be purchased; If it is put on the market for the first time, government procurement shall take the lead in purchasing and shall not be restricted on the ground of commercial performance. Products purchased by the government that need to be researched and developed shall be implemented through ordering. Purchasers shall give priority to the use of competitive means to determine scientific and technological research and development institutions, institutions of higher learning or enterprises for research and development, and purchase products in accordance with the contract after qualified product development. Article 92 the State encourages financial institutions to carry out intellectual property pledge financing business, encourages and guides financial institutions to support the application of science and technology and the development of high and new technology industries in terms of credit and investment, and encourages insurance institutions to develop insurance varieties according to the needs of the development of high-tech industries and promote the application of new technologies. Article 93 the State shall, in accordance with the principle of overall planning and optimal allocation, integrate and set up national scientific and technological research and experimental bases. The State encourages the establishment of comprehensive service units for scientific and technological experiments to provide or entrust others with scientific and technological experimental services for scientific and technological research and development institutions, institutions of higher learning, enterprises and scientific and technological personnel. Article 94 the State shall, in accordance with the needs of scientific and technological progress and in accordance with the principles of overall planning, highlighting sharing, optimizing allocation, comprehensive integration, leading by the government and co construction by various parties, make overall plans for the purchase of large-scale scientific instruments and equipment, and carry out joint evaluation on large-scale scientific instruments and equipment mainly purchased with financial funds. Article 95 the state strengthens the construction of academic journals, improves the exchange mechanism of scientific research papers and scientific and technological information, promotes the development of open science and promotes the exchange and dissemination of science and technology. Article 96 the State encourages organizations or individuals at home and abroad to donate property and establish science and technology funds to support scientific and technological research and development and popularization of science and technology. Article 97 in the process of promoting scientific and technological management reform, carrying out scientific and technological research and development, and carrying out the transformation of scientific and technological achievements, the relevant persons in charge are determined to make innovations and explorations, and make mistakes and deviations in decision-making, but they shall perform their duties of reasonable care and supervision and management, Those who do not seek illegal interests shall be exempted from the responsibility for decision-making. Chapter X Supervision and Administration Article 98 the State shall strengthen the construction of the rule of law in science and technology and the style of study in scientific research, establish and improve the system of scientific research integrity and scientific and technological supervision, improve the ethical governance system of science and technology, and create a good environment for scientific and technological innovation. Article 99 the State shall improve the rules and procedures for decision-making in science and technology, establish a standardized consultation and decision-making mechanism, and promote the scientization, democratization and legalization of decision-making. The state has reformed and improved the consultation system for major scientific and technological decisions. In formulating science and technology development plans and major policies, and determining major scientific and technological projects and major projects closely related to science and technology, we should fully listen to the opinions of scientific and technical personnel, give full play to the role of think tanks, expand public participation, carry out scientific assessment, and implement scientific decision-making. Article 100 the State shall strengthen the performance management of fiscal funds for science and technology, and improve the efficiency of allocation and utilization of funds. The management and use of financial funds for science and technology shall be subject to the supervision and inspection of audit institutions and financial departments. The administrative departments of science and technology and other relevant departments shall strengthen supervision over the implementation of science and technology plans established with financial funds, and strengthen the coordination, evaluation and supervision of funds for scientific research projects. No organization or individual may falsely report, falsely claim, embezzle, misappropriate or intercept financial scientific and technological funds. Article 101 the State shall establish a classified management mechanism for scientific and technological plan projects and strengthen the assessment and evaluation of the actual effects of the projects. The scientific and technological plan projects established with financial funds shall adhere to the problem-oriented, goal-oriented and demand-oriented projects, and the project undertakers shall be selected according to the relevant provisions of the state. The state establishes a science and technology management information system, establishes a database of evaluation experts, and improves the expert evaluation system for scientific and technological plan projects, and the system for selecting, evading, keeping secret and accountability of the evaluation experts. Article 102 the administrative department of science and technology under the State Council shall, in conjunction with the relevant competent departments under the State Council, establish information systems and resource banks for scientific and technological research bases, scientific instruments and equipment, and scientific and technological documents, scientific and technological data, natural resources of science and technology, and resources for popularization of science and technology, The distribution and utilization of science and technology resources shall be announced to the public in a timely manner. The units in charge of science and technology resources shall publicize to the public the sharing and utilization system and utilization of the scientific and technological resources under its management, and arrange the use according to the utilization system; Where the law or administrative regulation provides that confidentiality shall be kept, such provisions shall prevail. The administrative units of scientific and technological resources shall not infringe upon the intellectual property rights of users of scientific and technological resources, and shall determine the charging standards in accordance with the relevant provisions of the state. Other rights and obligations between the management unit and the user shall be agreed upon by both parties. Article 103 The State shall establish an ethics committee for science and technology, improve the rules and regulations for the ethics of science and technology, strengthen the education and Research on the ethics of science and technology, and improve the system of examination, evaluation and supervision. Scientific and technological research and development institutions, institutions of higher learning, enterprises and institutions shall perform the main responsibility of the management of scientific and technological ethics, establish and improve the mechanism of scientific and technological ethics review in accordance with the relevant provisions of the state, and carry out scientific and technological ethics review on scientific and technological activities. Article 104 The State shall strengthen the construction of scientific research integrity, establish scientific and technological project integrity archives and scientific research integrity management information system, adhere to both prevention and punishment, and attach equal importance to self-discipline and supervision, and improve the mechanism of prevention, investigation and treatment of dishonesty. The local people's governments at or above the county level and the competent departments of relevant industries shall take various measures to strengthen the construction of scientific research integrity. Enterprises, institutions and social organizations shall fulfill the main responsibility of scientific research integrity management. No organization or individual may make up or forge scientific research achievements, publish or disseminate false scientific research achievements, or engage in the trading, writing and investment services of academic papers, experimental research data, application and acceptance materials of scientific and technological plan projects, etc. Article 105 the State shall establish and improve the system of scientific and Technological Statistics and investigation and the system of national innovation investigation, master the basic situation of the state's scientific and technological activities, and monitor and evaluate the state's innovation capability. The State shall establish and improve the system of scientific and technological reports, and the undertakers of scientific and technological projects funded by financial funds shall submit reports in time in accordance with the provisions. Article 106 the State practices a system of scientific and technological secrecy, strengthens the capacity-building of scientific and technological secrecy, and protects scientific and technological secrets involving national security and interests. The State implements an exit management system for important biological germplasm resources, genetic resources, data resources and other scientific and technological resources and key core technologies in accordance with the law. Article 107 scientific and technological research, development and application activities that endanger national security, harm public interests, endanger human health, and violate the integrity of scientific research and the ethics of science and technology are prohibited. Those engaged in scientific and technological activities shall abide by the norms for the management of scientific and technological activities. The organizations and individuals who seriously violate the management norms of scientific and technological activities shall be recorded in the database of serious dishonesty of scientific research integrity by relevant departments of science and technology administration. Chapter XI Legal Liability Article 108 if, in violation of the provisions of this law, the relevant departments of science and technology administration and their staff members, as well as other personnel performing public functions according to law, abuse their power, neglect their duties, or engage in malpractices for personal gain, the persons in charge directly responsible and other persons directly responsible shall be punished according to law. Article 109 If anyone, in violation of the provisions of this law, abuses his power to obstruct, restrict or suppress scientific and technological research and development activities, or uses his or her power to suppress, exclude or create difficulties for scientific and technological personnel, the person in charge directly responsible and other persons directly responsible shall be punished according to law. Article 110 Any person who, in violation of the provisions of this law, falsely reports, falsely claims, corrupts, misappropriates or intercepts the financial funds or social donation funds used for scientific and technological progress shall be ordered by the relevant competent departments to make corrections, recover the relevant financial funds, order them to return the donated funds, give them a warning or circulate a notice of criticism, and may suspend the allocation of funds, Terminate or cancel relevant scientific and technological activities; If the circumstances are serious, a fine shall be imposed according to law, and it is forbidden to undertake or participate in scientific and technological activities supported by financial funds within a certain period of time; The person in charge directly responsible and other persons directly responsible shall be given administrative penalties and sanctions according to law. Article 111 Whoever, in violation of the provisions of this law, purchases large-scale scientific instruments and equipment with financial funds and state-owned capital, fails to perform its obligation of sharing and using large-scale scientific instruments and equipment and other scientific and technological resources, shall be ordered to make corrections, given a warning or circulated criticism by the competent department concerned, The person in charge directly responsible and other persons directly responsible shall be punished according to law. Article 112 anyone who, in violation of the provisions of this law, conducts scientific and technological research, development and application activities that endanger State security, harm public interests, endanger human health, or violate the integrity of scientific research and the ethics of science and technology, shall be ordered to make corrections by the unit to which the scientific and technical personnel belong or by the competent department concerned; If financial funds for scientific and technological progress are obtained or illegal gains are obtained, the relevant competent departments shall terminate or cancel the relevant scientific and technological activities, recover the financial funds and confiscate the illegal gains; If the circumstances are serious, the relevant competent departments shall publicize their illegal acts to the public, and shall be given administrative punishments and punishments according to law. It is forbidden to undertake or participate in the scientific and technological activities supported by financial funds within a certain period of time, or apply for administrative license for relevant scientific and technological activities; The person in charge directly responsible and other persons directly responsible shall be given administrative penalties and sanctions according to law. Those who, in violation of the provisions of this law, fabricate or forge scientific research achievements, publish or disseminate false scientific research achievements, or engage in the business, writing or investment services of academic papers, experimental research data, application and acceptance materials of scientific and technological plan projects, etc., shall be given a warning or a notice of criticism by the relevant competent department, and a fine shall be imposed; If there are illegal gains, the illegal gains shall be confiscated; If the circumstances are serious, the license shall be revoked. Article 113 those who, in violation of the provisions of this law, engage in scientific and technological activities in violation of the norms governing the management of scientific and technological activities, shall be ordered by the relevant competent departments to make corrections within a time limit, and may recover the relevant financial funds, give a warning or circulate a Notice of criticism, suspend the allocation of funds, terminate or cancel the scientific and technological activities supported by the relevant financial funds; If the circumstances are serious, it is prohibited to undertake or participate in the scientific and technological activities supported by financial funds within a certain period of time, and the qualification for the management of such activities shall be cancelled; The person in charge directly responsible and other persons directly responsible shall be punished according to law. Article 114 Whoever, in violation of the provisions of this law, fraudulently obtains state science and technology awards shall be revoked by the competent department in accordance with the law, the medals, certificates and bonuses shall be recovered, and sanctions shall be given according to law. If, in violation of the provisions of this law, the nominating unit or individual provides false data and materials to assist others in obtaining national science and technology awards, the competent department shall circulate a notice of criticism; If the circumstances are serious, his qualification for nomination shall be suspended or cancelled, and he shall be punished according to law. Article 115 for acts in violation of the provisions of this law, where there are no provisions for administrative penalty in this law, and if there are provisions in other relevant laws and administrative regulations, such provisions shall prevail; If property losses or other damages are caused, civil liability shall be borne according to law; If it constitutes a violation of public security administration, it shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Chapter XII supplementary provisions Article 116 other matters related to the progress of science and technology for national defense shall be formulated by the State Council and the Central Military Commission. Article 117 this Law shall come into force as of January 1, 2022.
