The the People's Republic of China Science and Technology Progress Law shall come into force on January 1, 2022.


Release time:

2022-06-24

The Law of the People's Republic of China on the the People's Republic of China of Science and Technology Progress, as amended and adopted at the 32nd Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on December 24, 2021, is hereby promulgated, and shall come into force on January 1, 2022.

Source: Xinhua News Agency


The Law of the People's Republic of China on the the People's Republic of China of Science and Technology Progress, as amended and adopted at the 32nd Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on December 24, 2021, is hereby promulgated, and shall come into force on January 1, 2022.


 

The full text is as follows:


the People's Republic of China science and technology progress law

(Adopted at the second meeting of the Standing Committee of the Eighth National People's Congress on July 2, 1993, and first revised at the 31st meeting of the Standing Committee of the Tenth National People's Congress on December 29, 2007, and second revised at the 32nd meeting of the Standing Committee of the Thirteenth National People's Congress on December 24, 2021)

 

Directory

 

Chapter I General Provisions

Chapter II Basic Research

Chapter III Applied Research and Achievement Transformation

Chapter IV Scientific and Technological Innovation of Enterprises

Chapter V Scientific and Technological Research and Development Institutions

Chapter VI Scientific and Technical Personnel

Chapter VII Regional Science and Technology 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

 

Chapter I General Provisions

 

Article 1 in order to comprehensively promote the progress of science and technology, give full play to the role of science and technology as the first productive force, the first driving force of innovation and the first resource of talents, promote the transformation of scientific and technological achievements into practical productive forces, promote scientific and technological innovation to support and lead economic and social development, and build a modern socialist country in an all-round way, this law is formulated in accordance with the Constitution.

 

Article 2 Adhere to the overall leadership of the Communist Party of China in science and technology.

 

The country adheres to the new development concept, adheres to the core position of scientific and technological innovation in the overall national modernization drive, regards scientific and technological self-reliance as the strategic support for national development, implements the strategy of rejuvenating the country through science and education, the strategy of strengthening the country with talents, and the strategy of innovation-driven development, and takes the path of independent innovation with Chinese characteristics, To build a strong country in science and technology.

 

Article 3 The work of scientific and technological progress shall be oriented to the frontiers of world science and technology, to the main economic battlefield, to the major needs of the country, and to the lives and health of the people, and serve to promote economic and social development, maintain national security, and promote the sustainable development of mankind.

 

The state encourages scientific and technological research and development, promotes the application of science and technology to transform and upgrade traditional industries, develop high-tech industries and social undertakings, supports the realization of the goal of carbon neutrality, promotes new development momentum, and achieves 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 the socialist market economy, give full play to the decisive role of the market in allocating 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, promote the close cooperation of various innovation subjects, the orderly flow of innovation elements, the continuous optimization of innovation ecology, and the ability of systematization, enhance the overall effectiveness of the innovation system.

 

The state builds and strengthens the national strategic scientific and technological force with national laboratories, national scientific and technological research and development institutions, high-level research universities, and leading scientific and technological enterprises as important components, and plays a strategic supporting and leading role and major original innovation in key areas and key directions Efficiency to serve the country's major strategic needs.

 

Article 5 the state shall make overall plans for development and security, improve the ability of scientific and technological security governance, improve the institutional mechanism for preventing and resolving scientific and technological security risks, 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 integration of scientific and technological research and development with higher education and industrial development, and encourages the cross-integration and mutual promotion of disciplines.

 

The state strengthens cross-regional, cross-industry and cross-field scientific and technological cooperation, and supports the scientific and technological progress of old revolutionary base areas, ethnic minority areas, remote areas and underdeveloped areas.

 

The state strengthens the coordinated development of military and civilian science and technology, promotes the exchange of military and civilian science and technology resources and technology development needs, and the two-way transfer of technology, and develops dual-use technologies.

 

Article 7 The state follows the principle of combining scientific and technological activities to serve national goals and encourage free exploration, and deploys major basic research, cutting-edge technology research with major industrial application prospects, and social public welfare technology research in advance, and supports basic research, cutting-edge technology research and Social public welfare technology research continues and develops steadily, strengthens original innovation and key core technology research, and accelerates the realization of high-level scientific and technological self-reliance.

 

Article 8 The State guarantees the freedom of scientific research and technological development, encourages scientific exploration and technological innovation, and protects the legitimate rights and interests of scientific and technical personnel in free exploration.

 

Scientific and technological research and development institutions, institutions of higher learning, enterprises and institutions, and citizens have the right to independently choose topics, explore unknown scientific fields, and engage in basic research, cutting-edge technology research and social welfare technology research.

 

Article 9 Schools and other educational institutions shall adhere to the principle of integrating theory with practice, and pay attention to the cultivation of educatees' independent thinking ability, practical ability, innovative ability 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 trains senior professionals with a sense of social responsibility, innovative spirit and practical ability.

 

Article 10 Scientific and technical personnel are important human resources in the cause of socialist modernization and should be respected by the whole society.

 

The state adheres to the strategic position of talents leading development, deepens the reform of talent development system and mechanism, trains, introduces and makes good use of talents in an all-round way, creates an environment in line with the law of scientific and technological innovation and the law of 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 agencies, mass organizations, enterprises, 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 shall develop the cause of popularization of science and technology, popularize scientific and technological knowledge, strengthen the construction of infrastructure and capacity for popularization of science and technology, and improve the scientific and cultural qualities of all citizens, especially young people.

 

The 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, institutions of higher learning, 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 intellectual property strategies, establishes and improves the intellectual property system, creates a social environment that respects intellectual property rights, protects intellectual property rights, and encourages independent innovation.

 

Enterprises and 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, apply, protect, manage and serve intellectual property rights, and improve the quality of intellectual property rights.

 

Article 14 The State establishes and improves a science and technology evaluation system conducive to innovation.

 

The evaluation of science and technology should adhere to the principles of openness, fairness and impartiality, be guided by the quality, contribution and performance of scientific and technological innovation, and carry out classified evaluation 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 scientific and technological development plans and scientific and technological innovation plans, and determine major national scientific and technological projects and major projects closely related to science and technology. Medium and long-term scientific and technological development plans and scientific and technological innovation plans should clarify guidelines, play a strategic guiding role, guide and coordinate the layout of scientific and technological development, resource allocation and policy formulation.

 

People's governments at or above the county level shall incorporate scientific and technological progress into their national economic and social development plans and ensure that scientific and technological progress is coordinated with economic construction and social development.

 

Local people's governments at all levels shall take effective measures to strengthen the organization and management of the work 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, supervision and implementation of the national scientific and technological progress work; other relevant departments under the State Council shall be responsible for the relevant scientific and technological progress work within the scope of their respective duties.

 

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 within their respective administrative areas; other relevant departments of the local people's governments at or above the county level shall be responsible for the relevant work of scientific and technological progress within the scope of their respective duties.

 

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 plans and projects, coordinate the allocation of scientific and technological resources, the integration of scientific and technological research and development institutions, and the integration of scientific and technological research and development with higher education and industrial development.

 

Article 18 May 30 of each year is the National Science and Technology Workers Day.

 

The state establishes and improves the science and technology award system, establishes the highest national science and technology awards and other awards, and rewards organizations and individuals that have made important contributions to scientific and technological progress activities. 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 rewards organizations and individuals that have made contributions to scientific and technological progress.

 

Chapter II Basic Research

 

Article 19 The State shall strengthen the building of basic research capacity, respect the laws of scientific development and the growth of talents, strengthen the systematic layout of projects, talents and bases, and 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 and goal orientation of basic research, focuses on major key technical issues around the frontiers of science and technology, economic and social development, major needs of national security and people's lives and health, and strengthens basic research in emerging and strategic industries, so as to enhance the source supply capacity of science and technology.

 

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 for basic research.

 

The state encourages local people's governments where conditions permit to reasonably determine financial investment in basic research and strengthen support for basic research in the light of the needs of economic and social development in their respective regions.

 

The state guides enterprises to increase investment in basic research, encourages social forces to invest in basic research through multiple channels such as donations and the establishment of funds, and provides financial, financial, and taxation policy support.

 

Gradually increase the proportion of basic research funding in the total social science and technology research and development funding, and meet the requirements of building an innovative country and a technological power.

 

Article 21 The State establishes natural science funds to finance basic research and support personnel training and team building. The principles of macro guidance, independent application, equal competition, peer review and merit-based support shall be adhered to in determining the projects funded by the National Natural Science Foundation.

 

Local people's governments where conditions permit may, in the light of the actual economic and social conditions and development needs of the region, set up natural science funds to support basic research.

 

Article 22 The State shall improve the layout of disciplines and the construction of the knowledge system, promote the cross-integration of disciplines, and promote the coordinated development of basic research and applied research.

 

Article 23 the State shall strengthen the training of basic research talents, strengthen the stable support for basic research talents, and improve the quality and level of basic research talents.

 

The state establishes a resource allocation mechanism to meet the needs of basic research, establishes an evaluation system and incentive mechanism suitable for basic research, creates a good environment for basic research, and encourages and attracts outstanding scientific and technical personnel to devote themselves to basic research.

 

Article 24 The State shall strengthen the construction of basic research bases.

 

The state will improve the basic conditions for basic research and promote openness and sharing.

 

Article 25 the State supports institutions of higher learning to strengthen the construction of basic disciplines and the training of talents for basic research, enhance the ability of independent layout of basic research, and promote the high-quality development of basic research in institutions of higher learning.

 

Chapter III Applied Research and Achievement Transformation

 

Article 26 The State shall encourage applied research to drive basic research and promote the integration and development of basic research with applied research and the transformation of achievements.

 

The state will improve the common basic technology supply system, promote the deep integration of the innovation chain industry chain, and ensure the security of the industrial chain supply chain.

 

Article 27 The State shall establish and improve a coordination mechanism for tackling key scientific research problems, strengthen the integrated allocation of projects, talents, bases and funds in key areas around the major needs of economic and social development, national security and people's lives and health, promote close cooperation between industry, university and research, and promote independent and controllable key core technologies.

 

Article 28 The state improves the national system for tackling key core technologies, organizes the implementation of major scientific and technological tasks that reflect the national strategic needs, systematically arranges forward-looking and strategic major scientific and technological projects, and deploys key core technology research and development in advance.

 

Article 29 The State strengthens the construction of common technology platforms and scientific and technological research and development institutions that meet the needs of industrial development, and encourages local governments to build applied research 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 to take the lead in carrying out market-oriented and industrial application-oriented research and development activities.

 

Article 30 The State shall strengthen the pilot, engineering and industrial development and application of scientific and technological achievements, and accelerate the transformation of scientific and technological achievements into actual productive forces.

 

Scientific and technological research and development institutions and institutions of higher learning established with financial funds shall 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 cooperation mechanisms with complementary advantages, clear division of labor, sharing of achievements and sharing of risks, and jointly establish research and development platforms, technological innovation alliances and innovation consortia in accordance with market mechanisms to jointly promote research and development and the transformation of scientific and technological achievements, and improve the effectiveness of the transfer and transformation of scientific and technological achievements.

 

Article 32 The scientific and technological achievements formed by scientific and technological plan projects established with financial funds shall, on the premise of not harming national security, national interests and major social and public interests, authorize the project undertaker to obtain relevant intellectual property rights in accordance with the law, and the project undertaker may invest and implement transformation by himself, transfer to others, jointly implement transformation with others, permit others to use or invest at a price according to law.

 

The project undertaker shall implement the intellectual property rights specified in the preceding paragraph in accordance with the law, and at the same time take protective measures, and submit an annual report on the implementation and protection to the project management agency; if it fails to implement it within a reasonable period of time and without justifiable reasons, the state may implement it free of charge or permit others to implement it with compensation or without compensation.

 

For the needs of national security, national interests and major social public interests, the state may implement the intellectual property rights specified in the first paragraph of this article obtained by the project undertaker in accordance with the law, or permit others to implement them with compensation or without compensation.

 

The distribution of benefits arising from the implementation of the intellectual property rights specified in the first paragraph of this article by the project undertaker shall be implemented in accordance with relevant laws and regulations; if there are no provisions in laws and regulations, they shall be implemented in accordance with the agreement.

 

Article 33 The State shall implement a distribution policy oriented to increasing the value of knowledge, promote the reform of the ownership of intellectual property rights and the distribution mechanism of rights and interests in accordance with the relevant provisions of the State, and explore a system of granting scientific and technical personnel the ownership or long-term right to use scientific and technological achievements.

 

Article 34 The State encourages the use of intellectual property rights arising from science and technology projects established with financial funds to be used first in the territory.

 

Where the intellectual property rights specified in the preceding paragraph are transferred to overseas organizations or individuals, or authorized to be monopolized by overseas organizations or individuals, they shall be approved by the project management agency; where laws and administrative regulations provide otherwise for the approval agency, they shall be in accordance with their provisions.

 

Article 35 The State encourages the application of new technologies and, in accordance with the principle of inclusiveness and prudence, promotes the application of new technologies, new products, new services and new models, so as to create conditions for the application of new technologies and new products.

 

Article 36 The State shall encourage and support the applied research of agricultural science and technology, disseminate and popularize agricultural scientific and technological knowledge, accelerate the transformation and industrialization of agricultural scientific and technological achievements, promote the progress of agricultural science and technology, and use agricultural science and technology to lead rural revitalization and agricultural and rural modernization.

 

People's governments at or above the county level shall take measures to support public welfare agricultural science and technology research and development institutions and agricultural technology popularization institutions to carry out 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 agencies, science and technology commissioners and rural mass science and technology organizations to provide scientific and technological services for the development of planting, forestry, animal husbandry, fishery, etc., and provide scientific and technological training and guidance to farmers.

 

Article 37 The State promotes the integration of scientific and technological research and development with the formulation of product and service standards, and the integration of scientific and technological research and development with product design and manufacturing; guides scientific and technological research and development institutions, institutions of higher learning, enterprises and social organizations to jointly promote the research, formulation and legal adoption of major national technological innovation product and service standards, and participates in the formulation of international standards.

 

Article 38 The State cultivates and develops a unified, open, interconnected, and competitive technology market, encourages the establishment of intermediary service agencies engaged in technology evaluation, technology brokerage, and innovation and entrepreneurship services, and guides the establishment of socialization, specialization, and networking. A 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 voluntary equality, mutual benefit and compensation, and good faith.

 

Chapter IV Scientific and Technological Innovation of Enterprises

 

Article 39 The State establishes a technological innovation system with enterprises as the main body, market-oriented, and close cooperation between enterprises and scientific and technological research and development institutions and institutions of higher learning, guides and supports enterprises in their technological innovation activities, supports enterprises in leading national scientific and technological research tasks, gives full play to the main role of enterprises in technological innovation, and promotes enterprises to become the main body of technological innovation decision-making, scientific research investment, organization of scientific research and transformation of achievements, promote the concentration of various innovation elements to enterprises and improve their technological innovation capabilities.

 

The state cultivates influential and competitive leading enterprises in science and technology, and gives full play to the innovation-driven role of leading enterprises in science and technology.

 

Article 40 The State encourages enterprises to carry out the following activities:

 

(I) the establishment of internal scientific and technological research and development institutions;

 

(II) 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 business incubators and innovation and entrepreneurship platforms, or carry out scientific and technological research and development by entrustment or other means;

 

(III) cultivate, attract, and use scientific and technical personnel;

 

(IV) joint efforts with scientific and technological research and development institutions, institutions of higher learning, vocational colleges or training institutions to train professional and technical personnel and highly skilled personnel, so as to attract graduates of institutions of higher learning to work in enterprises;

 

(V) the establishment of post-doctoral workstations or mobile stations;

 

(VI) combine technological innovation and staff skills training, carry out science and technology popularization activities, and set up venues or facilities open to the public to popularize science and technology.

 

Article 41 The State encourages enterprises to strengthen original innovation, carry out technical cooperation and exchanges, increase investment in research and development and technical innovation, independently establish research and development topics and carry out technical innovation activities.

 

The State encourages enterprises to digest, absorb and re-innovate the imported technologies.

 

The research and development expenses incurred by an enterprise in developing new technologies, new products and new processes may be charged and deducted before tax in accordance with the relevant provisions of the State, and the enterprise's scientific and technological research and development instruments and equipment may be depreciated at an accelerated rate.

 

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 strengthens guidance and policy support, broadens the sources of venture capital through multiple channels, and supports the entrepreneurial development of enterprises.

 

The State will improve the listing and financing system for science and technology enterprises, smooth the domestic listing and financing channels for science and technology enterprises, and give full play to the financing function of the capital market in serving scientific and technological innovation.

 

Article 43 The following enterprises shall enjoy tax preferences in accordance with the relevant provisions of the State:

 

(I) enterprises engaged in the research, development and production of high-tech products;

 

(II) technology-based small and medium-sized enterprises;

 

Venture capital enterprises that (III) invest in start-up technology-based enterprises;

 

Other enterprises related to scientific and technological progress as prescribed by (IV) laws and administrative regulations.

 

Article 44 The State shall support the construction and operation of public research and development platforms, science and technology intermediaries, and innovation and entrepreneurship service institutions.

 

Public research and development platforms, science and technology intermediaries, and innovation and entrepreneurship service institutions shall provide services for the technological innovation of small and medium-sized enterprises.

 

Article 45 The State shall protect the intellectual property rights acquired by enterprises through research and development. Enterprises should continuously improve the quality and efficiency of intellectual property rights, and enhance their ability of independent innovation and market competition.

 

Article 46 State-owned enterprises shall establish and improve research and development investment systems, distribution systems, and assessment and evaluation systems that are conducive to technological innovation, and improve incentive and restraint mechanisms.

 

The person in charge of a state-owned enterprise is responsible for the technological progress of the enterprise. The performance assessment of the person in charge of a state-owned enterprise shall include the enterprise's innovation investment, innovation capacity building, and innovation effectiveness 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 for fair competition and promote the technological progress of enterprises.

 

The relevant departments of the State Council and the people's governments at the provincial level shall, through the formulation of policies on industry, finance, finance, energy, environmental protection and 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 technologically backward equipment and processes, and stop the production of technologically backward products.

 

Chapter V Scientific and Technological Research and Development Institutions

 

Article 48 The State shall make overall plans for the layout of scientific and technological research and development institutions, and establish and improve the scientific and technological research and development system.

 

The state builds national laboratories in major scientific and technological innovation fields that are related to national security and economic and social development, establishes and improves a laboratory system led by national laboratories and supported by national key laboratories, and improves a stable support mechanism.

 

Scientific and technological research and development institutions established with financial funds should adhere to the national strategic needs as the guide and provide public scientific and technological supply and emergency scientific and technological support.

 

Article 49 Natural persons, legal persons and unincorporated organizations shall have the right to establish scientific research and technological development institutions in accordance with law. Organizations or individuals outside China may independently establish scientific and technological research and development institutions within the territory of China in accordance with the law, or jointly establish scientific and technological research and development institutions with organizations or individuals within the territory of China.

 

Scientific and technological research and development institutions engaged in basic research, cutting-edge technological research and social welfare technological research may be established with financial funds. The use of financial funds to establish scientific and technological research and development institutions should optimize the allocation and prevent duplication of settings.

 

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 establish branches abroad in accordance with the law.

 

Article 50 Scientific and technological research and development institutions shall enjoy the following rights:

 

(I) organize or participate in academic activities according to law;

 

In accordance with the relevant provisions of the state, the (II) independently determines the direction and projects of scientific and technological research and development, and independently determines the internal management affairs such as the use of funds, institutional setup, performance appraisal and salary distribution, professional title evaluation, transformation of scientific and technological achievements and income distribution, post setting, personnel employment and reasonable flow;

 

(III) jointly with other scientific and technological research and development institutions, institutions of higher learning and enterprises to carry out scientific and technological research and development, technical consultation, technical services and other activities;

 

(IV) access to social donations and funding;

 

(V) other rights stipulated by laws and administrative regulations.

 

Article 51 scientific and technological research and development institutions shall formulate articles of association in accordance with the law, carry out scientific and technological research and development activities in accordance with the functional orientation and business scope stipulated in the articles of association, strengthen the construction of scientific research style and style of study, establish and improve the management system of scientific research integrity and scientific and technological ethics, abide by the management norms of scientific research activities, and shall not organize, participate in or support superstitious activities.

 

Scientific and technological research and development institutions established with financial funds to carry out scientific and technological research and development activities shall serve national goals and social and public interests; if conditions permit, they shall open venues or facilities for popularizing science and technology to the public and organize activities for popularizing science and technology.

 

Article 52: Scientific and technological research and development institutions established with financial funds shall establish a modern institution system with clear responsibilities, scientific evaluation, openness and order, and standardized management, implement the dean or director responsibility system, and establish the science and technology committee Consultation system and employee representative assembly supervision system, and absorb external experts to participate in management and accept social supervision; the appointment of the dean or director introduces a competition mechanism.

 

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 research and technological development institutions established with financial funds shall establish a sound mechanism for the opening and sharing of scientific and technological resources to promote the effective use 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 research and technological development institutions on their own, and protects their legitimate rights and interests.

 

Scientific and technological research and development institutions established by social forces shall have the right to compete on an equal footing and participate in the implementation of scientific and technological plans and projects established with financial funds in accordance with the relevant provisions of the State.

 

The state improves the preferential tax system for non-profit scientific and technological research and development institutions established by social forces.

 

Article 56 The state supports the development of new innovation entities such as new research and development institutions, improves the development model of diversification of investment entities, modernization of management systems, marketization of operating mechanisms, and flexible employment mechanisms, and guides new innovation entities to focus on scientific research and technological innovation And R & D services.

 

Chapter VI Scientific and Technical Personnel

 

Article 57 The State creates a social environment that respects and cares for talents, an institutional environment of fairness and equality, competition and selection of the best, and a living environment with appropriate treatment and strong guarantees, so as to create good conditions for scientific and technical personnel to devote themselves to scientific research.

 

The State adopts various measures to improve the social status of scientific and technical personnel, train and bring up specialized scientific and technical personnel, ensure that scientific and technical personnel participate in scientific and technological innovation and research and development activities, and give full play to the role of scientific and technical personnel. It is prohibited to treat scientific and technical personnel and their scientific and technological achievements unfairly in any way or by any means.

 

Article 58 The state accelerates the construction of strategic talents, optimizes the structure of scientific and technological talents, improves the training, discovery, introduction, use, and evaluation mechanisms for innovative talents and teams such as strategic scientists and scientific and technological leaders, and implements talent echelons, scientific research conditions, Supporting policies such as management mechanisms.

 

Article 59 the State shall improve the mechanism for the education and training of 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 the allocation of higher education resources and the training 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 that reflects the value of innovative elements such as knowledge and technology, optimize the income structure, establish a stable wage increase mechanism, and increase the wage level of scientific and technical personnel; Give preferential treatment and honor incentives to scientific and technical personnel who have made outstanding contributions.

 

Scientific and technical personnel of scientific and technological research and development institutions and institutions of higher learning established with financial funds may, with the consent of their units, engage in part-time work to obtain legal income on the premise that they perform their duties, complete their own work and do not have conflicts of interest. The extraction of rewards and remuneration for activities such as technology development, technical consultation, and technical services shall be implemented 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 technological personnel by means of equity, options and dividends.

 

Article 61 People's governments at all levels and enterprises and institutions shall guarantee the right of scientific and technical personnel to receive continuing education, create an environment and conditions for the rational, smooth and orderly flow of scientific and technical personnel, and give full play to their expertise.

 

Article 62 Scientific and technical personnel may select work units, compete for corresponding posts and obtain corresponding posts or titles according to their academic level and professional ability.

 

Scientific and technical personnel shall abide by their work commitments, fulfill their post responsibilities, and complete the corresponding work of their posts or titles.

 

Article 63 The state implements a classified evaluation system for scientific and technical personnel, implements different evaluation standards and methods for personnel engaged in different scientific and technological activities, highlights the value, ability, and contribution orientation of innovation, reasonably determines remuneration, allocates academic resources, and sets evaluation Periods, form a talent evaluation system that is conducive to scientific and technical personnel's dedicated research and innovation, and stimulate the innovative vitality of scientific and technical personnel.

 

Article 64: Science and technology administration and other relevant departments and enterprises and institutions shall improve the management system for scientific and technical personnel, enhance service awareness and guarantee capabilities, simplify management procedures, avoid repetitive inspections and evaluations, and reduce scientific and technical personnel project declaration and material submission The burden of reimbursement of funds and other aspects guarantees the scientific research time of scientific and technical personnel.

 

Article 65 When scientific and technical personnel work in difficult, remote areas or harsh and dangerous environments, the units to which they belong shall, in accordance with the relevant provisions of the State, give subsidies, provide occupational health and health protection and safety guarantees that their posts or workplaces should have, and provide convenient conditions for them to receive continuing education and professional training.

 

Article 66 Young scientific and technical personnel, scientific and technical personnel of ethnic minorities, and female scientific and technical personnel 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 elderly scientific and technical personnel to play an active role in scientific and technological progress.

 

People's governments at all levels and enterprises and institutions should create an environment and conditions for the growth of young scientific and technical personnel, encourage young scientific and technical personnel to explore and try in the field of science and technology, and give full play to the role of young scientific and technical personnel. The discovery, training and use of young scientific and technical personnel should be an important part of the evaluation of scientific and technological progress.

 

People's governments at all levels and enterprises and institutions shall improve the training, evaluation and incentive mechanism for female scientific and technical personnel, care for female scientific and technical personnel during pregnancy and nurturing, 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 promote the spirit of patriotism, innovation, truth-seeking, dedication, collaboration, and education of scientists, adhere to the spirit of craftsmanship, abide by academic and ethical standards in various scientific and technological activities, abide by professional ethics, and be honest and trustworthy; No fraud in scientific and technological activities, no participation in or support superstitious activities.

 

Article 68 The State shall encourage scientific and technical personnel to explore freely and take risks bravely, and create a good atmosphere that encourages innovation and tolerates failure. If the original records can prove that the scientific and technical personnel who undertake the scientific and technological research and development project with strong exploratory and high risk have fulfilled the obligation of diligence and due diligence and 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 the appointment of professional and technical posts or titles of scientific and technical personnel, the examination and approval of scientific and technical personnel to apply for scientific and technological research and development projects, and the award of scientific and technological awards.

 

Article 70 Scientific and technical personnel shall have the right to establish or participate in scientific and technological social organizations in accordance with the law.

 

In accordance with the articles of association, science and technology associations and scientific and technological social organizations play a role in promoting academic exchanges, promoting discipline construction, promoting scientific and technological innovation, carrying out activities to popularize science and technology, training specialized personnel, carrying out consulting services, strengthening the self-discipline of scientific and technical personnel, and safeguarding the legitimate rights and interests of scientific and technical personnel.

 

The legitimate rights and interests of scientific and technological associations and scientific and technological social organizations shall be protected by law.

 

Chapter VII Regional Science and Technology Innovation

 

Article 71 the State shall make overall plans for the regional spatial distribution of scientific and technological resources, promote the close connection between central scientific and technological resources and local development needs, and adopt various ways to support regional scientific and technological innovation.

 

Article 72 the 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 Science and technology 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 science and technology plan projects; for projects that meet the needs of industrial development and have clear market application prospects, enterprises shall be encouraged to cooperate with scientific and technological research and development institutions and institutions of higher learning.

 

The implementation of major local science and technology plans shall be linked up with the deployment of major national science and technology tasks.

 

Article 74 The State Council may, as necessary, approve the establishment of national high-tech industrial development zones, national independent innovation demonstration zones and other science and technology parks, and provide guidance and support for the construction and development of science and technology parks, so that they can form their characteristics and advantages, and give full play to agglomeration and Demonstration driving effect.

 

Article 75 The state encourages qualified local people's governments at or above the county level to build major scientific and technological innovation bases and platforms, cultivate innovation and entrepreneurship carriers, and create regional scientific and technological innovation highlands in accordance with national development strategies and local development needs.

 

The state supports the construction of science and technology innovation centers and comprehensive science centers in places where conditions permit, and plays the role of radiation driving, deepening innovation and reform, and participating in global science and technology cooperation.

 

Article 76 The State shall establish regional scientific and technological innovation cooperation mechanisms and coordination and mutual assistance mechanisms, 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 concentration of various innovation elements.

 

Article 77: Major national strategic regions may rely on regional innovation platforms to build benefit-sharing mechanisms, promote the free flow of talents, technology, capital and other elements, and promote the open sharing of scientific instruments and equipment, scientific and technological infrastructure, scientific engineering, and scientific and technological information resources. Improve the efficiency of regional transformation of scientific and technological achievements.

 

Article 78 The State encourages local governments to actively explore regional scientific and technological innovation models, respect the law of regional scientific and technological innovation agglomeration, 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 exchanges, and supports the building of a community with a shared future for mankind.

 

Article 80 The the People's Republic of China government shall develop 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, scientific and technical personnel and other innovative subjects to carry out international scientific and technological cooperation and exchanges, actively participate in scientific research activities, promote the open flow of international scientific and technological resources, form a high-level pattern of open 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 international scientific and technological innovation cooperation platforms through various channels and provide international scientific and technological innovation cooperation services.

 

Encourage enterprises and institutions, social organizations and scientific and technological personnel to participate in and initiate international scientific and technological organizations to enhance international scientific and technological cooperation and exchanges.

 

Article 82 The state adopts various methods to support the cooperative research and development of outstanding scientific and technological talents at home and abroad, respond to the common challenges facing mankind, and explore the frontiers of science.

 

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 initiate the implementation of international large-scale scientific plans and large-scale scientific projects.

 

The State shall improve the mechanisms for intellectual property protection, scientific and technological ethics and security review in international scientific and technological research cooperation.

 

Article 83 The State shall expand the opening and cooperation of science and technology plans to the outside world, encourage foreign-funded enterprises in China and foreign scientific and technical personnel to undertake and participate in science and technology plans and projects, and improve the mechanism for overseas scientific and technical 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 to China, and attract foreign scientific and technical 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 technological personnel according to the needs of development. Scientific and technological research and development institutions and institutions of higher learning established with financial funds that employ overseas scientific and technical personnel to engage in scientific and technological research and development shall provide convenience for their work and life.

 

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, have priority in obtaining the right of permanent residence in China or acquiring Chinese nationality.

 

Chapter IX Safeguard Measures

 

Article 85 The State shall increase the investment of financial funds, formulate policies on industry, finance, taxation and government procurement, encourage and guide the investment of social funds, and promote the sustained and stable growth of funds for scientific and technological research and development in the whole society.

 

Article 86 The State shall gradually raise the overall level of investment in science and technology funds; the growth rate of state financial funds for science and technology shall be higher than the growth rate of state financial regular revenue. The funds for scientific and technological research and development of the whole society shall account for an appropriate proportion of the gross domestic product and shall be gradually increased.

 

Article 87 Financial science and technology funds shall be mainly used for the input of the following items:

 

(I) the construction of basic conditions and facilities for science and technology;

 

(II) basic research and frontier interdisciplinary research;

 

(III) cutting-edge technology research, social welfare technology research and major common key technology research that have a strategic, basic and forward-looking role in economic construction and social development;

 

(IV) the application of major common key technologies and the demonstration of high-tech industrialization;

 

(V) the application and promotion of scientific and technological research and development and achievements related to the ecological environment and people's life and health;

 

(VI) the research and development of new agricultural varieties and new technologies, and the application and popularization of agricultural scientific and technological achievements;

 

(VII) the cultivation, attraction and use of scientific and technical personnel;

 

(VIII) the popularization of science and technology.

 

The State shall support scientific and technological research and development institutions established with financial funds in terms of funds and experimental means.

 

Article 88 The establishment of a national science and technology plan shall be based on national needs, focus on major national strategic tasks, and follow the laws of scientific research, technological innovation and achievement transformation.

 

The State establishes a coordination mechanism for science and technology plans and a performance evaluation system to strengthen specialized management.

 

Article 89 The State establishes a fund to subsidize small and medium-sized enterprises to carry out technological innovation and promote the transformation and application of scientific and technological achievements.

 

The state may, when necessary, establish other non-profit funds to support basic research, social welfare technical research, 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:

 

(I) technology development, technology transfer, technology licensing, technology consulting and technology services;

 

(II) import of articles for scientific research, technological development or popularization of science and technology that cannot be produced domestically or whose performance cannot meet the needs;

 

(III) import key equipment, raw materials or parts that cannot be produced domestically for the implementation of major national science and technology projects and major projects of the national science and technology plan;

 

(IV) science and technology popularization venues and bases to carry out science and technology popularization activities open to the public;

 

(V) donations to finance scientific and technological activities;

 

Other scientific research, technological development and scientific and technological application activities as prescribed by (VI) laws and relevant state regulations.

 

Article 91 For scientific and technological innovation products and services of domestic natural persons, legal persons, and unincorporated organizations, government procurement shall be purchased under the condition that the functions, quality and other indicators can meet the government procurement needs; if they are put on the market for the first time, government procurement shall Take the lead in purchasing, and shall not be restricted on the grounds of commercial performance.

 

Government procurement of products that have yet to be researched and developed, through ordering. The purchaser shall give priority to the use of competitive methods to determine scientific and technological research and development institutions, institutions of higher learning or enterprises for research and development, and purchase according to the agreement after the product is qualified.

 

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-tech industries in terms of credit and investment, and encourages insurance institutions to develop insurance products in accordance with the needs of the development of high-tech industries, To promote the application of new technologies.

 

Article 93 The State shall follow the principle of overall planning and optimal allocation to integrate and set up national experimental bases for scientific and technological research.

 

The State encourages the establishment of comprehensive scientific and technological experiment service units to provide or entrust others to provide scientific and technological experiment 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, prominent sharing, optimized allocation, comprehensive integration, government-led, and multi-party joint construction, coordinate the purchase of large-scale scientific instruments and equipment, and carry out financial funds Joint evaluation of large-scale scientific instruments and equipment purchased mainly.

 

Article 95 The State strengthens the construction of academic journals, improves the mechanism for the exchange 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 finance scientific research and technological development and the popularization of science and technology.

 

Article 97 in the process of promoting the reform of scientific and technological management, carrying out scientific and technological research and development, and implementing the transformation of scientific and technological achievements in scientific and technological research and development institutions, institutions of higher learning and enterprises established with financial funds, the relevant responsible persons are determined to innovate and explore, make mistakes and deviations in decision-making, but fulfill their obligations of reasonable care and supervision and management, and do not seek illegal interests, Exempt their decision-making responsibility.

 

Chapter X Supervision and Administration

 

Article 98 The state strengthens the construction of the rule of law in science and technology and the construction of scientific research style and style of study, establishes and improves the scientific research integrity system and the scientific and technological supervision system, improves the scientific and technological ethics governance system, and creates a good environment for scientific and technological innovation.

 

Article 99 The State shall improve the rules and procedures for scientific and technological decision-making, establish a standardized consultation and decision-making mechanism, and promote scientific, democratic and legal decision-making.

 

The State has reformed and improved the system of consultation on major scientific and technological decisions. In formulating scientific and technological development plans and major policies, 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 technological personnel, give full play to the role of think tanks, expand public participation, carry out scientific evaluation, and implement scientific decision-making.

 

Article 100 The State shall strengthen the performance management of financial science and technology funds and improve the efficiency of fund allocation and use. The management and use of financial science and technology funds 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 the 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 make a false report, falsely claim, embezzle, misappropriate or withhold financial science and technology funds.

 

Article 101 The State establishes a classified management mechanism for science and technology plan projects to strengthen the assessment and evaluation of the effectiveness of projects. Science and technology plan projects established with financial funds shall adhere to problem-oriented, goal-oriented and demand-oriented projects, and determine the project undertakers on the basis of merit in accordance with the relevant provisions of the State.

 

The state establishes a science and technology management information system, establishes a review expert database, and improves the expert review system for science and technology plan projects and the selection, avoidance, confidentiality, and accountability system of review 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 scientific and technological research bases, scientific instruments and equipment and other assets, scientific and technological documents, scientific and technological data, scientific and technological natural resources, scientific and technological popularization resources, etc. Information systems and resource databases for technological resources, promptly announce to the public the distribution and use of scientific and technological resources.

 

The management unit of scientific and technological resources shall announce to the public the sharing and use system and use situation of the scientific and technological resources under its management, and arrange the use according to the use system; if laws and administrative regulations stipulate that they should be kept confidential, they shall be in accordance with their provisions.

 

The management unit of scientific and technological resources shall not infringe upon the intellectual property rights of the 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 establishes a science and technology ethics committee to improve the system and norms of science and technology ethics, strengthen science and technology ethics education and research, and improve the review, evaluation, and supervision system.

 

Scientific and technological research and development institutions, institutions of higher learning, enterprises and institutions shall perform the main responsibility of scientific and technological ethics management, establish and improve the scientific and technological ethics review mechanism in accordance with the relevant provisions of the state, and carry out scientific and technological ethics review of scientific and technological activities.

 

Article 104 The state strengthens the construction of scientific research integrity, establishes scientific and technological project integrity files and scientific research integrity management information systems, insists on simultaneous prevention and punishment, self-discipline and supervision, and improves the prevention, investigation, and handling mechanisms for dishonesty.

 

Local people's governments at or above the county level and relevant industry authorities shall take various measures to strengthen the construction of scientific research integrity, and enterprises, institutions and social organizations shall perform the main responsibility of scientific research integrity management.

 

No organization or individual may fabricate or forge scientific research results, publish or disseminate false scientific research results, or engage in the trading, writing, or investment services of academic papers and their experimental research data, and scientific and technological plan project application and acceptance materials.

 

Article 105 The State establishes and improves the system of scientific and technological statistical investigation and the system of national innovation investigation, grasps the basic situation of national scientific and technological activities, and monitors and evaluates the national innovation capacity.

 

The State establishes and improves the system of scientific and technological reporting, and the undertakers of scientific and technological projects funded by financial funds shall submit reports in a timely manner in accordance with the provisions.

 

Article 106 The State shall implement a system of scientific and technological secrecy, strengthen the construction of scientific and technological secrecy capacity, and protect scientific and technological secrets that involve national security and interests.

 

The State shall, in accordance with the law, implement an exit management system for important biological germplasm resources, genetic resources, data resources and other scientific and technological resources and key core technologies.

 

Article 107 The activities of scientific research, development and application of science and technology that endanger national security, harm social and public interests, endanger human health, and violate scientific research integrity and scientific and technological ethics are prohibited.

 

Engaging in scientific and technological activities shall abide by the norms for the management of scientific and technological activities. For organizations and individuals that seriously violate the management norms of scientific and technological activities, the administrative departments of science and technology and other relevant departments shall record them in the database of serious dishonesty in scientific research integrity.

 

Chapter XI Legal Liability

 

Article 108 Where, in violation of the provisions of this Law, the administrative departments of science and technology and other relevant departments and their staff, as well as other personnel performing public duties in accordance with the law, abuse their power, neglect their duties or engage in malpractices for personal gain, the persons directly in charge and other persons directly responsible shall be punished in accordance with the law.

 

Article 109 Whoever, 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 power to suppress, exclude or make things difficult for scientific and technical personnel, shall be punished according to law by the person in charge directly responsible and other persons directly responsible.

 

Article 110 Whoever, in violation of the provisions of this Law, falsely reports, falsely collects, embezzles, misappropriates or withholds financial funds or social donated funds for scientific and technological progress shall be ordered by the relevant competent department to make corrections, recover the relevant financial funds, return the donated funds, give a warning or circulate a notice of criticism, and may suspend the allocation of funds, terminate or cancel the relevant scientific and technological activities; if the circumstances are serious, a fine shall be imposed according to law, it is prohibited to undertake or participate in scientific and technological activities supported by financial funds within a certain period of time; administrative penalties and sanctions shall be imposed on the directly responsible persons in charge and other directly responsible persons in accordance with the law.

 

Article 111 whoever, in violation of the provisions of this Law, fails to perform the obligation of sharing and using scientific and technological resources such as large-scale scientific instruments and equipment after purchasing large-scale scientific instruments and equipment with financial funds and state-owned capital, shall be ordered by the relevant competent department to make corrections, give a warning or circulate a notice of criticism, and impose sanctions on the person-in-charge and other persons directly responsible according to law.

 

Article 112 Whoever, in violation of the provisions of this Law, conducts scientific and technological research, development and application activities that endanger national security, harm social and public interests, endanger human health, and violate scientific research integrity and scientific and technological ethics shall be ordered by the unit to which the scientific and technical personnel belong or the relevant competent department to make corrections; if he obtains financial funds for scientific and technological progress or has illegal gains, the relevant competent department shall terminate or cancel the relevant scientific and technological activities and technological activities and recover the financial funds, confiscation of illegal income; if the circumstances are serious, the relevant competent department shall announce the illegal act to the public, impose administrative penalties and sanctions in accordance with the law, prohibit undertaking or participating in scientific and technological activities supported by financial funds within a certain period of time, and apply for administrative licenses for related scientific and technological activities; The directly responsible persons in charge and other directly responsible persons shall be given administrative penalties and sanctions in accordance with the law.

 

Whoever, in violation of the provisions of this Law, fabricates or falsifies scientific research achievements, publishes or disseminates false scientific research achievements, or engages in the trading, writing or investment services of academic papers and their experimental research data, application and acceptance materials of scientific and technological plans and projects, shall be given a warning or criticized by the relevant competent departments and imposed a fine; if there are illegal gains, the illegal gains shall be confiscated; if the circumstances are serious, the license shall be revoked.

 

Article 113 Anyone who violates the provisions of this law and engages in scientific and technological activities in violation of the management norms of scientific and technological activities shall be ordered by the relevant competent department to make corrections within a time limit, and may recover relevant financial funds, give warnings or notify criticisms, suspend funding, Terminate or cancel scientific and technological activities supported by relevant financial funds; if the circumstances are serious, it is prohibited to undertake or participate in scientific and technological activities supported by financial funds within a certain period of time, cancel the qualification for the management of scientific and technological activities supported by financial funds within a certain period of time; the directly responsible persons in charge and other directly responsible persons shall be punished according to law.

 

Article 114 Anyone who, in violation of the provisions of this Law, defrauds state science and technology awards shall be revoked by the competent department according to law, the awards shall be recovered, medals, certificates and bonuses shall be recovered, and sanctions shall be imposed according to law.

 

If, in violation of the provisions of this Law, a nominating unit or individual provides false data or materials to assist others in defrauding state science and technology awards, the competent department shall give a notice of criticism; if the circumstances are serious, its nomination qualification shall be suspended or canceled, and sanctions shall be imposed according to law.

 

Article 115 Where there is no provision for administrative penalties in this Law for acts in violation of the provisions of this Law, and there are provisions in other relevant laws and administrative regulations, such provisions shall be followed; if property losses or other damages are caused, civil liability shall be borne in accordance with the law; if the act constitutes a violation of the administration of public security, public security administration penalties shall be imposed in accordance with the law; if the act constitutes a crime, criminal responsibility shall be investigated in accordance with the law.

 

Chapter XII Supplementary Provisions

 

Article 116 Other matters relating to the progress of science and technology for national defense shall be prescribed by the State Council and the Central Military Commission.

 

Article 117 This Law shall come into force as of January 1, 2022.