Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements

Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements

Order of the President [1996] No.68

May 15, 1996

Chapter I General Provisions

Article 1 The Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements (hereinafter referred to as the "Law") is enacted in order to promote the transformation of scientific and technological achievements into real productive forces, standardize such transformation, hasten scientific and technological progress, and facilitate economic and social development.

Article 2 For the purpose of the Law, the term "transformation of scientific and technological achievements" refers to the entire process from the follow-up tests, development, application, and widespread use of the applicable scientific and technological achievements, made as a result of scientific research and technological development, to the final creation of new products, new techniques, new materials, and to the development of new industries-all with a view to enhancing the productive forces.

Article 3 Transformation of scientific and technological achievements shall be instrumental to increasing economic and social results and protecting the environment and natural resources, as well as to promoting economic and social development and strengthening national defense.
In transforming scientific and technological achievements, the persons concerned shall abide by the principles of voluntariness, mutual benefits, fairness, and good faith, and shall, in accordance with the law or contractual agreement, enjoy interests and bear risks. Intellectual property involved in the transformation of scientific and technological achievements shall be protected by the law.
In the transformation of scientific and technological achievements, the law shall be observed and State interests safeguarded, and no public interests shall be damaged.

Article 4 The administrative department for science and technology, the planning department, the administrative department for comprehensive economic and trade affairs, and other relevant administrative departments under the State Council shall, within their functions and responsibilities as prescribed by the State Council, administer, guide, and coordinate efforts for the transformation of scientific and technological achievements.
The local people's governments at various levels shall be responsible for administering, guiding, and coordinating efforts for the transformation of scientific and technological achievements within their respective administrative regions.

Chapter II Arrangements for Implementation

Article 5 The State Council and the local people's governments at various levels shall incorporate the transformation of scientific and technological achievements in their notional economic and social development plans and make arrangements and coordinate efforts for the transformation of relevant scientific and technological achievements.

Article 6 The relevant departments under the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, at regular intervals, publish catalogues of scientific and technological achievements and handbooks of projects for the transformation of major scientific and technological achievements and shall give priority and assistance to the following:
1. projects that will noticeably help raise the industrial and technical level and increase economic results;
2. projects of an industrial scale that can compete among the economies of the world;
3. projects that can help rationally develop and utilize natural resources, conserve energy, reduce material consumption, and prevent and control environmental pollution;
4. projects that can facilitate high-yield, high-quality, and high-efficiency farming and promote economic development in the countryside; and
5. projects that can help accelerate the social and economic development in areas inhabited by minority nationalities and outlying and poverty-stricken areas.

Article 7 The State, by developing appropriate policies and measures, promotes and encourages the adoption of advanced technologies, techniques, and equipment and the continuous improvement, restricted use, or elimination of backward technologies, techniques, and equipment.

Article 8 When making arrangements for the transformation of major scientific and technological achievements, the people's governments at various levels may have relevant departments arrange for the transformation through open tendering.
　　......