The Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements is formulated to promote the transformation of scientific and technological achievements into real productive forces, standardize the transformation of scientific and technological achievements, accelerate scientific and technological progress, and promote economic construction and social development.
Promulgated by the Standing Committee of the National People's Congress on May 15, 1996, and effective as of October 1, 1996.Revised on August 29, 2015.[2]
Issued by
Standing Committee of the National People's Congress
Adopted at the 19th Meeting of the Standing Committee of the Eighth National People's Congress on May 15, 1996, promulgated by Order No. 68 of the President of the People's Republic of China on May 15, 1996, and effective as of October 1, 1996.
The Decision on Amending the Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements was amended at the 16th meeting of the Standing Committee of the Twelfth National People's Congress on August 29, 2015.[1]
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general provisions
Chapter II Organization and Implementation
Chapter III Safeguard Measures
Chapter IV Technical Rights and Interests
Chapter V Legal Liability
Chapter VI Supplementary Provisions
general provisions
Article 1 This Law is formulated with a view to promoting the transformation of scientific and technological achievements into productive forces, standardizing the transformation of scientific and technological achievements, accelerating scientific and technological progress, and promoting economic construction and social development.
Article 2 "Scientific and technological achievements" as mentioned in this Law means achievements of practical value produced through scientific research and technological development.The scientific and technological achievements made by employees refer to the scientific and technological achievements made by carrying out the tasks of research and development institutions, institutions of higher learning, enterprises and other units, or mainly by making use of the material and technical conditions of the above-mentioned units.
For the purposes of this Law, the term "transformation of scientific and technological achievements" refers to such activities as the follow-up testing, development, application and popularization of scientific and technological achievements, until new technologies, new processes, new materials, new products and new industries are formed, in order to raise the level of productive forces.
Article 3 The transformation of scientific and technological achievements shall be conducive to accelerating the implementation of the innovation driven development strategy, promoting the integration of science and technology with the economy, improving economic and social benefits, protecting the environment, making rational use of resources, and promoting economic construction, social development and safeguarding national security.
The transformation of scientific and technological achievements shall respect the laws of the market, give play to the main role of enterprises, follow the principles of voluntariness, mutual benefit, fairness, honesty and credibility, and enjoy rights and interests and bear risks in accordance with the provisions of laws, regulations and contracts.Intellectual property rights in the transformation of scientific and technological achievements shall be protected by law.
The transformation of scientific and technological achievements shall abide by laws and regulations, safeguard the interests of the State, and may not harm the social and public interests and the legitimate rights and interests of others.
Article 4 The State shall make reasonable arrangements for the financial investment in the transformation of scientific and technological achievements, guide the investment of social funds, and promote the diversification of the investment in the transformation of scientific and technological achievements.
Article 5 The State Council and the local people's governments at all levels shall strengthen policy coordination in science and technology, finance, investment, taxation, talents, industry, finance, government procurement, military civilian integration, etc., to create a good environment for the transformation of scientific and technological achievements.
Local people's governments at various levels may, in accordance with the principles prescribed in this Law and in the light of local realities, take measures that are more conducive to promoting the transformation of scientific and technological achievements.
Article 6 The State encourages the first implementation of scientific and technological achievements in China.Where Chinese units or individuals transfer or license their scientific and technological achievements to overseas organizations or individuals, they shall comply with relevant laws, administrative regulations and relevant national provisions.
Article 7 The State may, in order to meet the needs of national security, national interests and major social and public interests, organize the implementation or permit others to implement relevant scientific and technological achievements according to law.
Article 8 The administrative department for science and technology, the department for comprehensive economic administration and other relevant administrative departments under the State Council shall, in accordance with their functions and responsibilities as prescribed by the State Council, administer, guide and coordinate the transformation of scientific and technological achievements.
The local people's governments at various levels shall be responsible for managing, guiding and coordinating the transformation of scientific and technological achievements within their respective administrative areas.
Chapter II Organization and Implementation
Article 9 The State Council and the local people's governments at various levels shall incorporate the transformation of scientific and technological achievements into their plans for national economic and social development, and organize and coordinate the implementation of the transformation of relevant scientific and technological achievements.
Article 10 For the establishment of applied science and technology projects and other relevant science and technology projects with financial funds, the relevant administrative departments and administrative institutions shall improve and improve the management methods of scientific research organizations, and shall listen to the opinions of relevant industries and enterprises when formulating relevant science and technology plans, plans and project guidelines;When organizing the implementation of applied science and technology projects, the obligations of the project undertakers for the transformation of scientific and technological achievements shall be clarified, the management of intellectual property rights shall be strengthened, and the transformation of scientific and technological achievements and the creation and application of intellectual property rights shall be taken as the important content and basis for project establishment and acceptance.
Article 11 The State establishes and improves the system of scientific and technological reports and the information system of scientific and technological achievements, announces the implementation of scientific and technological projects and the information of scientific and technological achievements and related intellectual property rights to the public, and provides public services such as information inquiry and screening of scientific and technological achievements.The release of relevant information shall not reveal state secrets and trade secrets.The relevant departments shall inform the relevant technology project undertakers of the information that is not released in a timely manner.
Undertakers of scientific and technological projects established with financial funds shall submit relevant scientific and technological reports in a timely manner in accordance with regulations, and remit scientific and technological achievements and relevant intellectual property information to the scientific and technological achievements information system.
The State encourages the undertakers of scientific and technological projects established with non-financial funds to submit relevant scientific and technological reports and remit scientific and technological achievements and relevant intellectual property information to the scientific and technological achievements information system. The departments responsible for relevant work of the people's governments at or above the county level shall provide convenience for them.
Article 12 The State shall support the following transformation projects of scientific and technological achievements by means of government procurement, research and development subsidies, issuance of industrial technology guidance catalogues, demonstration and promotion, etc.:
（1） It can significantly improve the technical level and economic benefits of the industry or can form a new industry that can promote the healthy development of the social economy;
（2） Capable of significantly improving national security capability and public security level;
（3） Those who can reasonably develop and utilize resources, save energy, reduce consumption, prevent and control environmental pollution, protect ecology, and improve their ability to cope with climate change and prevent and mitigate disasters;
（4） Capable of improving people's livelihood and public health;
（5） Capable of promoting the development of modern agriculture or rural economy;
（6） Those that can speed up the socio-economic development of ethnic minority areas, remote areas and poverty-stricken areas.
Article 13 The State, by formulating policies and measures, advocates and encourages the adoption of advanced technologies, techniques and equipment, and constantly improves, restricts or eliminates backward technologies, techniques and equipment.
Article 14 The State shall strengthen the work of standard formulation, formulate national standards and industrial standards for new technologies, new processes, new materials and new products in a timely manner according to law, actively participate in the formulation of international standards, and promote the popularization and application of advanced and applicable technologies.
The state has established an effective system for mutual transformation of military and civilian scientific and technological achievements, and improved the system and mechanism for coordinated innovation of national defense science and technology.Scientific research and production of military products should give priority to the adoption of advanced and applicable civil standards according to law, and promote the mutual transfer and transformation of military and civil technologies.
Article 15 People's governments at all levels may organize the transformation of key scientific and technological achievements by means of public bidding.The relevant departments shall provide the winning bidder with the financial aid or other conditions determined at the time of bidding.
Article 16 Holders of scientific and technological achievements may transform their achievements in the following ways:
（1） Self investment and transformation;
（2） Transfer the scientific and technological achievements to others;
（3） Authorizing others to use the scientific and technological achievements;
（4） Take the scientific and technological achievements as the conditions for cooperation, and jointly implement transformation with others;
（5） Invest with the scientific and technological achievements as the value, convert the shares or the proportion of capital contribution;
（6） Other methods determined through consultation.
Article 17 The State encourages research and development institutions and institutions of higher learning to transfer scientific and technological achievements to enterprises or other organizations by means of transfer, licensing or investment at a fixed price.
The research and development institutions and institutions of higher learning established by the State shall strengthen the management, organization and coordination of the transformation of scientific and technological achievements, promote the construction of the transformation team of scientific and technological achievements, optimize the transformation process of scientific and technological achievements, and carry out technology transfer through their own institutions responsible for technology transfer or entrust independent service institutions for the transformation of scientific and technological achievements.
Article 18 Research and development institutions and institutions of higher learning established by the State may independently decide on the transfer, licensing or investment at a fixed price of the scientific and technological achievements they hold, but the price shall be determined by means of agreement pricing, listing in the technology trading market, auction, etc.If the price is set by agreement, the name of the scientific and technological achievements and the proposed transaction price shall be publicized in the unit.
Article 19 With respect to scientific and technological achievements made on the job by research and development institutions established by the State and institutions of higher learning, the persons who made and participated in the achievements may, on the premise of not changing the ownership of the achievements, transform the achievements in accordance with the agreement with their own units, and enjoy the rights and interests stipulated in the agreement.The unit shall support the above transformation of scientific and technological achievements.
The person who completed the scientific and technological achievements or the person in charge of the research project shall not obstruct the transformation of the scientific and technological achievements made by his position, nor shall he take possession of the scientific and technological achievements made by his position and the technical materials and data thereof, thereby infringing upon the legitimate rights and interests of the unit.
Article 20 The competent departments of research and development institutions, institutions of higher learning and the relevant administrative departments of finance, science and technology shall establish a performance appraisal and evaluation system that is conducive to promoting the transformation of scientific and technological achievements, and take the transformation of scientific and technological achievements as one of the important contents and bases for the evaluation of relevant units and personnel and the support of scientific research funds,We will also increase research funding support for relevant units and personnel with outstanding achievements in the transformation of scientific and technological achievements.
Research and development institutions and institutions of higher learning established by the State shall establish professional title evaluation, post management, assessment and evaluation systems that conform to the characteristics of the transformation of scientific and technological achievements, and improve the incentive and restraint mechanism for income distribution.
Article 21 Research and development institutions and institutions of higher learning established by the State shall submit an annual report on the transformation of scientific and technological achievements to their competent departments, stating the number of scientific and technological achievements they have obtained according to law, the implementation of transformation and the distribution of relevant income. The competent departments shall submit the annual report on the transformation of scientific and technological achievements to the finance departmentScience and technology and other relevant administrative departments.
Article 22 For the purpose of adopting new technologies, new processes, new materials and producing new products, enterprises may publish information on their own or entrust science and technology intermediary services to collect the scientific and technological achievements they need, or seek collaborators for the transformation of scientific and technological achievements.
The administrative departments for science and technology and other relevant departments of the local people's governments at or above the county level shall, in accordance with the division of duties, provide assistance and support to enterprises in obtaining the scientific and technological achievements they need.
Article 23 According to law, enterprises have the right to transform scientific and technological achievements independently or jointly with enterprises, institutions and other collaborators at home and abroad.
An enterprise may, through fair competition, independently or jointly with other units, undertake scientific and technological research and development and transformation projects of scientific and technological achievements organized and implemented by the government.
Article 24 With regard to scientific and technological projects established with financial funds that have market application prospects and clear industrial goals, the relevant government departments and administrative agencies shall play the leading role of enterprises in the selection of research and development directions, project implementation and application of results, and encourage enterprises, research and development institutions, colleges and universities and other organizations to jointly implement them.
Article 25 The State encourages research and development institutions, institutions of higher learning and enterprises to jointly transform scientific and technological achievements.
Research and development institutions and institutions of higher learning may participate in the bidding activities of the relevant government departments or enterprises for the transformation of scientific and technological achievements.
Article 26 The State encourages enterprises and research and development institutions, institutions of higher learning and other organizations to jointly establish research and development platforms, technology transfer institutions or technological innovation alliances and other forms of industry university research cooperation to jointly carry out research and development, application and promotion of achievements, standard research and development and other activities.
The parties to the cooperation shall sign an agreement to stipulate the organizational form, division of tasks, capital investment, ownership of intellectual property rights, distribution of rights and interests, risk sharing, liability for breach of contract and other matters in accordance with the law.
Article 27 The State encourages research and development institutions, institutions of higher learning and enterprises and other organizations to carry out exchanges of scientific and technological personnel. According to the professional characteristics and the needs of technological development in the industry, the State employs scientific and technological personnel from enterprises and other organizations to engage in teaching and scientific research part-time, and supports their own scientific and technological personnel to engage in the transformation of scientific and technological achievements in enterprises and other organizations.
Article 28 The State supports enterprises and research and development institutions, colleges and universities, vocational colleges and training institutions to jointly establish student practice training bases and graduate research and practice work institutions to jointly train professional and technical personnel and highly skilled personnel.
Article 29 The State encourages agricultural scientific research institutions and agricultural test and demonstration units to transform agricultural scientific and technological achievements independently or in cooperation with other units.
Article 30 The State fosters and develops technology markets, encourages the establishment of science and technology intermediary service institutions, and provides trading places, information platforms, information retrieval, processing and analysis, evaluation, brokerage and other services for technology trading.
Science and technology intermediary service institutions shall follow the principles of fairness and objectivity in providing services, shall not provide false information and certificates, and shall be obliged to keep confidential the state secrets and business secrets of the parties they know in the course of services.
Article 31 The State supports the construction of public research and development platforms according to the needs of industrial and regional development, and provides services for the transformation of scientific and technological achievements, such as technology integration, research and development of generic technologies, intermediate and industrial tests, systematic and engineering development of scientific and technological achievements, and technology popularization and demonstration.
Article 32 The State supports the development of science and technology business incubators, university science parks and other science and technology business incubators, and provides incubation sites, entrepreneurship counseling, research and development, management consulting and other services for small and medium-sized technology-based enterprises in the start-up stage.
Chapter III Safeguard Measures
Article 33 The financial funds for the transformation of scientific and technological achievements shall mainly be used for the guiding funds, discount loans, subsidies, venture capital and other purposes of funds for promoting the transformation of scientific and technological achievements.
Article 34 The State shall, in accordance with the relevant tax laws and administrative regulations, give preferential tax treatment to the transformation of scientific and technological achievements.
Article 35 The State encourages financial institutions in the banking industry to innovate in organizational forms, management mechanisms, financial products and services, encourages the development of loan businesses such as intellectual property pledge loans and equity pledge loans, and provides financial support for the transformation of scientific and technological achievements.
The State encourages policy financial institutions to take measures to increase financial support for the transformation of scientific and technological achievements.
Article 36 The State encourages insurance institutions to develop insurance products that meet the characteristics of the transformation of scientific and technological achievements and provide insurance services for the transformation of scientific and technological achievements.
Article 37 The State shall improve the multi-level capital market and support enterprises to finance scientific and technological achievements transformation projects through direct financing methods such as equity trading, issuing stocks and bonds according to law.
Article 38 The State encourages venture capital institutions to invest in scientific and technological achievements transformation projects.
The venture capital guidance fund established by the State shall guide and support venture capital institutions to invest in small and medium-sized technology-based enterprises at the start-up stage.
Article 39 The State encourages the establishment of funds or risk funds for the transformation of scientific and technological achievements. The sources of funds shall be provided by the State, local governments, enterprises, institutions and other organizations or individuals to support the transformation of scientific and technological achievements with high input, high risk and high output and to accelerate the industrialization of major scientific and technological achievements.
The establishment and use of funds for the transformation of scientific and technological achievements and risk funds shall be governed by the relevant provisions of the State.
Chapter IV Technical Rights and Interests
Article 40 Where a unit that has made scientific and technological achievements cooperates with other units in the transformation of scientific and technological achievements, the ownership of the rights and interests related to the scientific and technological achievements shall be stipulated in a contract according to law.If there is no agreement in the contract, the following principles shall apply:
（1） If there is no new invention or creation in the cooperative transformation, the rights and interests of the scientific and technological achievement shall belong to the unit that completed the scientific and technological achievement;
（2） If a new invention or creation is produced in the course of cooperative transformation, the rights and interests of the new invention or creation shall belong to all parties to the cooperation;
（3） Each party has the right to implement the scientific and technological achievements produced in the cooperative transformation, and the transfer of such scientific and technological achievements shall be subject to the consent of the parties.
Article 41 Where a unit that has made scientific and technological achievements cooperates with other units in transforming scientific and technological achievements, the parties shall reach an agreement on keeping technical secrets;The parties shall not disclose or allow others to use the technology in violation of the agreement or the obligee's requirements for keeping the technology secret.
Article 42 Enterprises and institutions shall establish and improve the protection system of technical secrets to protect the technical secrets of their own units.The staff and workers shall abide by the technical secret protection system of the unit.
An enterprise or institution may sign an agreement with the relevant persons who participate in the transformation of scientific and technological achievements to keep their own technological secrets during their in-service period or within a certain period of time after leaving office, retiring or retiring;The relevant personnel shall not, in violation of the agreement, divulge the technical secrets of their own units or engage in the transformation of scientific and technological achievements that are the same as those of the original units.
Employees shall not transfer their scientific and technological achievements without authorization or in disguised form.
Article 43 All the income derived from the transformation of scientific and technological achievements by research and development institutions established by the State and institutions of higher learning shall be retained in their own units and, after awarding and remunerating the personnel who have made important contributions to the completion and transformation of scientific and technological achievements, shall be mainly used for scientific and technological research and development, transformation of scientific and technological achievements and other related work.
Article 44 After the transformation of a scientific and technological achievement made by an employee, the unit that made the scientific and technological achievement shall reward and remunerate the person who has made important contributions to the transformation of the scientific and technological achievement.
The units that have made scientific and technological achievements may stipulate or agree with the scientific and technological personnel on the way, amount and time limit of rewards and remuneration.When formulating relevant regulations, the unit shall fully listen to the opinions of its own scientific and technological personnel, and publicize the relevant regulations in the unit.
Article 45 If a unit that has made scientific and technological achievements has not stipulated or agreed on the method and amount of rewards and remuneration with scientific and technological personnel, rewards and remuneration shall be given to personnel who have made important contributions to the achievement and transformation of scientific and technological achievements in accordance with the following standards:
（1） If the employee transfers or licenses the scientific and technological achievement to another person for implementation, no less than 50% of the net income from the transfer or licensing of the scientific and technological achievement shall be allocated;
（2） If the employee uses the scientific and technological achievements of his position as investment, he shall draw not less than 50% of the shares or the proportion of capital contribution formed by the scientific and technological achievements;
（3） If the employee implements the scientific and technological achievement on his own or in cooperation with others, he shall withdraw no less than 5% of the operating profit from the implementation of the scientific and technological achievement every year for three to five consecutive years after the successful transformation and production.
The way and amount of rewards and remuneration prescribed by the State established research and development institutions, institutions of higher learning or agreed with scientific and technological personnel shall meet the standards prescribed in Items 1 to 3 of the preceding paragraph.
The expenditure of rewards and remunerations given by state-owned enterprises and public institutions to persons who have made important contributions to the achievement and transformation of scientific and technological achievements in accordance with the provisions of this Law shall be included in the total wages of their own units in the current year, but shall not be restricted by the total wages of their own units in the current year and shall not be included in the base of their own total wages.
Chapter V Legal Liability
Article 46 If the undertaker of a scientific and technological project established with financial funds fails to submit a scientific and technological report, remit scientific and technological achievements and relevant intellectual property information in accordance with the provisions of this Law, the relevant government department or administrative agency organizing the implementation of the project shall order it to make corrections;If the circumstances are serious, they shall be criticized in a notice and prohibited from undertaking the scientific and technological projects established with financial funds within a certain period of time.
If a research and development institution or an institution of higher learning established by the State fails to submit an annual report on the transformation of scientific and technological achievements in accordance with the provisions of this Law, its competent department shall order it to make corrections;If the circumstances are serious, a notice of criticism shall be circulated.
Article 47 If anyone, in violation of the provisions of this Law, resorts to fraud and deception in the transformation of scientific and technological achievements to obtain awards and honorary titles, defraud money or make illegal profits, the relevant government departments shall, in accordance with their administrative duties, order him to make corrections, cancel the awards and honorary titles, confiscate the illegal gains and impose a fine.If it causes economic losses to others, it shall bear civil liability for compensation according to law.If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 48 If a science and technology service institution and its employees, in violation of the provisions of this Law, intentionally provide false information, experimental results or evaluation opinions to deceive the party concerned, or collude with one party to deceive the other party, the relevant government departments shall make corrections in accordance with the administrative responsibilities, confiscate the illegal income and impose a fine;If the circumstances are serious, the administrative department for industry and commerce shall revoke the business license according to law.If it causes economic losses to others, it shall bear civil liability for compensation according to law;If a crime is constituted, criminal responsibility shall be investigated according to law.
If a science and technology intermediary service institution and its employees, in violation of the provisions of this Law, divulge State secrets or the business secrets of the parties concerned, they shall bear corresponding legal liabilities in accordance with the provisions of relevant laws and administrative regulations.
Article 49 Where the administrative department of science and technology, other relevant departments and their staff abuse their power, neglect their duties, engage in malpractices for personal gain in the transformation of scientific and technological achievements, the appointment and removal organ or the supervisory organ shall impose penalties on the persons directly in charge and other persons directly responsible according to law;If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 50 Whoever, in violation of the provisions of this Law, misappropriates another person's scientific and technological achievements by means of instigation, inducement, coercion or other means, thus infringing upon the lawful rights and interests of another person, shall bear civil liability for compensation according to law and may be fined;If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 51 If an employee, in violation of the provisions of this Law, divulges the technical secrets of his or her unit without the permission of his or her unit, or transfers or transfers in disguised form the scientific and technological achievements of his or her position, the relevant personnel involved in the transformation of scientific and technological achievements, in violation of the agreement with his or her unit, engage in the transformation of scientific and technological achievements that are the same as those of his or her original unit within the agreed period after leaving his or her post, leaving his or her post, or retiring,If economic losses are caused to the unit, it shall bear civil liability for compensation according to law;If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Article 52 This Law shall come into force as of October 1, 1996.[2]
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Can this amendment of the law reverse this situation?How will the new momentum of innovation driven development be unleashed?What new changes will it bring to China's scientific and technological progress?
Decentralize the disposal of scientific research achievements to scientific research institutions
"The Law on Promoting the Transformation of Scientific and Technological Achievements promulgated in 1996 has been implemented for nearly 20 years, so it is necessary to revise the current Law on Promoting the Transformation of Scientific and Technological Achievements." Wan Gang, minister of the Ministry of Science and Technology, said that the current law has been difficult to meet the needs of China's economic and social development.
In recent years, China's investment in scientific and technological research and development has maintained a high growth, but the transformation rate of scientific and technological achievements is low.China's science and technology has not yet completely walked out of the "inefficient quagmire".The number of intellectual resources and the number of international scientific and technological papers in China are among the best in the world, but the scientific and technological innovation ability is only 19th in the world, and the transformation rate of scientific and technological achievements is only about 10%.
Wang Zhenjiang, director of the Department of Education, Science, Culture and Health of the Legislative Affairs Office of the State Council, said that the root of the conversion rate was that the organization and implementation of scientific research were not closely combined with market demand.The approval procedures for the disposal of scientific and technological achievements by relevant institutions are complicated, and the proceeds from the transformation of scientific and technological achievements must be turned over to the finance according to the current regulations, which cannot fully and effectively feed scientific research and follow-up industries.The information exchange between the providers of scientific and technological achievements and the demanders of enterprises is not smooth.
"There are several points about the amendment of this law that researchers are very concerned about, and everyone is discussing. If these provisions are not implemented, then the amendment of the law will be regarded as meaningless by everyone." Zhao Baige, member of the Standing Committee of the National People's Congress, said quickly.
She refers to the focus and highlight of this amendment - the disposal right and benefits of the transformation of scientific and technological achievements.
The newly revised Law on Promoting the Transformation of Scientific and Technological Achievements stipulates that research and development institutions and colleges and universities established by the State may independently decide to transfer, license or price their scientific and technological achievements, but the price shall be determined by means of negotiated pricing, listing in the technology trading market, auction, etc.If the price is set by agreement, the name of the scientific and technological achievements and the proposed transaction price shall be publicized in the unit.In addition, all the income from the transformation of scientific and technological achievements by research and development institutions established by the State and institutions of higher learning shall be returned to their own units.
Yao Jiannian, member of the Standing Committee of the National People's Congress and academician of the Chinese Academy of Sciences, believes that the revision of the law on the transformation of scientific and technological achievements reflects the requirements of the central government to accelerate the implementation of the innovation driven development strategy, aims at the prominent problems that currently restrict the transformation of scientific and technological achievements, and better responds to the voices and urgent requirements of scientific research institutions and the vast number of scientific and technological workers.
Achievements of scientific researchers transformed into "multi millionaires"
The new law stipulates that the units that have completed scientific and technological achievements may stipulate or agree with scientific and technological personnel on the way, amount and time limit of rewards and remuneration, but they shall fully listen to the opinions of their own scientific and technological personnel and disclose the relevant provisions in their own units.
If the units that have completed scientific research achievements have not stipulated or agreed on the way and amount of rewards and remuneration with scientific and technological personnel, the new law makes it clear that the minimum standard of rewards and remuneration for scientific and technological personnel will be increased from 20% of the shares and the proportion of capital contributions formed by the transfer or licensing of scientific and technological achievements on the basis of the duty, or by the pricing investment, to 50% from the current law.
Xie Jingrong, vice chairman of the Law Committee of the National People's Congress, said that the Education, Science and Culture Committee, many members of the Standing Committee and some places have proposed to improve the standards of rewards and remuneration for scientific and technological personnel in the process of law amendment.The minimum standard was raised from 20% to 50% this time, which was adjusted in accordance with the opinions of the CPC Central Committee and the State Council on deepening the reform of the system and mechanism and accelerating the implementation of the innovation driven development strategy announced in March this year.
"As a member from the front line of scientific and technological work, I think this law has been amended very well. It fully reflects the determination of the Party and the government to build an innovative country and the incentives for scientific and technological personnel to display their intelligence and promote the transformation of achievements." said Xu Weigang, a member of the committee.
The new law further clarifies six ways of achievement transformation for holders of scientific and technological achievements: self investment in fact transformation;Transfer the scientific and technological achievements to others;Authorizing others to use the scientific and technological achievements;Take the scientific and technological achievements as the conditions for cooperation and jointly implement transformation with others;Invest the scientific and technological achievements at the price, convert the shares or the proportion of capital contribution;Other methods determined through consultation.
"The law also stipulates that the expenditure of rewards and remunerations given to scientific and technological personnel by state-owned enterprises and institutions is not limited by the total wages of the unit in the current year," Xie Jingrong said.
Zhao Lu, Director of the Department of Science, Education and Culture of the Ministry of Finance, believes that with the reform of the disposal of scientific and technological achievements, the income distribution system and the clarification of related rewards and rewards, a group of scientific researchers will become "millionaires" and "multimillionaires" through the transformation of achievements.
It also needs coordinated follow-up of policies in all aspects
Compared with the existing laws, this amendment is "drastic", with a significant increase in the number of articles, and most of the articles have been changed.The new law particularly emphasizes that the transformation of scientific and technological achievements should respect market rules and give play to the main role of enterprises in the transformation of scientific and technological achievements.
In view of the evaluation orientation of "valuing theoretical achievements and neglecting the application of achievements", which has been criticized by the scientific and technological circles for a long time, the new law stipulates that research and development institutions, competent departments of colleges and universities, and relevant administrative departments such as finance, science and technology should establish a performance evaluation mechanism conducive to promoting the transformation of scientific and technological achievements, and take the transformation of scientific and technological achievements as the evaluation of relevant units and personnelOne of the important contents and bases of scientific research fund support.
In order to regulate the transformation of scientific and technological achievements, the legal liability part of Chapter V of the new law clarifies the relevant responsibilities of scientific research institutions, researchers, scientific and technological service institutions and their employees, and the administrative departments of science and technology.
In the opinion of Fang Xin, member of the Standing Committee of the National People's Congress and deputy secretary of the Party Leadership Group of the Chinese Academy of Sciences, the newly revised Law on Promoting the Transformation of Scientific and Technological Achievements has made significant progress over the current law.However, in the specific implementation, it is necessary to follow up the relevant policies, including the coordination of tax policies.
"For example, the transformation of scientific and technological achievements can be given to scientific and technological personnel in the form of equity, and income tax will be paid only when dividends are distributed. However, according to the regulations of the State Administration of Taxation, income tax will be paid from the date of intellectual property rights becoming a shareholder. We hope to strengthen the coordination of policies of various departments," Fang Xin said.
The construction of innovative culture and the implementation of innovation driven development strategy is a systematic project.The 18th National Congress of the Communist Party of China will place scientific and technological innovation at the core of the overall national development.
Optimizing the allocation of scientific research funds, improving the management of scientific and technological plans, improving the academician system, and delegating the right to dispose of scientific and technological achievements... Since last year, there have been many real and practical reforms in the field of science and technology.
Major reforms are based on the law.The newly revised Law on Promoting the Transformation of Scientific and Technological Achievements reflects the requirements of innovation driven development, and it is precisely from the legal level that it escorts innovation driven development.Looking forward to 2020, China is moving towards the goal of "building a moderately prosperous society in all respects" and "building an innovative country".
