Law of the People's Republic of China on Science and Technology Advancement (Revised in 2007)
Law of the People's Republic of China on Science and Technology Advancement (Revised in 2007)
Law of the People's Republic of China on Science and Technology Advancement (Revised in 2007)
Order of the President of the People's Republic of China No. 82
December 29, 2007
The Law of the People's Republic of China on Science and Technology Advancement was revised and adopted at thirty-first session of the Standing Committee of the 10th National People's Congress on December 29, 2007, the revised version of the Law of the People's Republic of China on Science and Technology Advancement is hereby promulgated, it shall go into effect as of July 1, 2008.
President of the People's Republic of China: Hu Jintao
Law of the People's Republic of China on Science and Technology Advancement
(Adopted at the second session of the Standing Committee of the 8th National People's Congress on July 2, 1993, revised at the thirty-first session of the Standing Committee of the 10th National People's Congress on December 29, 2007)
Contents
Chapter I General Provisions
Chapter II Scientific Research, Technological Development, and the Application of Science and Technology
Chapter III Advancement of Enterprise Technology
Chapter IV Scientific and Technological Research and Development Organizations
Chapter V Workers in Science and Technology
Chapter VI Guarantee Measures
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 With the goal of promoting science and technology advancement , giving full play to science and technology as "the first productive force", promoting the transformation of scientific and technological advances into substantive productive forces, and allowing science and technology to serve economic construction and social development, this Law is formulated on the basis of the Constitution.
Article 2 The state supports scientific development, implements a strategy of using science and education to improve the nation and guidelines for scientific and technological work that support independent innovation, make giant strides in major fields, support development and take the lead in future fields, in order to establish a national system of innovation and build an innovation-oriented country.
Article 3 The state guarantees the freedom of scientific and technological research and development, encouraging scientific exploration and technological innovation, upholding the legitimate rights and interests of workers in the fields of science and technology.
The entire society shall respect labor, knowledge, talent, and creativity.
Schools and other educational institutions shall adhere to the connection of theory and practice, putting emphasis on the cultivation of the ability to think independently, to apply theory, and to innovate, and a scientific mind that pursues the truth, respects innovation, and yet remains grounded in practice.
Article 4 Economic construction and societal development shall rely on science and technology, the advancement of science and technology shall service economic construction and societal development.
The state encourages scientific and technological research and development, promotes the use of science and technology to reform traditional industries, and develops the high-tech industry and social undertakings.
Article 5 The state will promote the cause of popularizing science and technology, spreading scientific and technological knowledge, improving the scientific understanding of all its citizens.
The state encourages government agencies, business organizations, nongovernmental entities, and citizens to engage in and support activities related to science and technology advancement.
Article 6 The state encourages the integration of scientific and technological research and development with higher education and industrial development and the interaction, synthesis, and mutual promotion of the natural sciences and the social sciences.
The state strengthens cross-regional, cross-industrial, and cross-disciplinary cooperation in science and technology, supporting science and technology advancement in minority areas, border areas, and impoverished areas.
The state strengthens the linking and coordination of military and civilian plans for science and technology, promoting interaction and two-way technological exchange relevant to the scientific resources and technological development needs of civilians and the military, developing technology that has both military and civilian applications.
Article 7 The state formulates and executes strategies relevant to intellectual property rights, establishing and perfecting an intellectual property rights system and creating an environment where intellectual property rights are respected, protecting intellectual property rights pursuant to law, stimulating individual innovation.
Business organizations and science and technology workers shall increase their awareness of intellectual property rights, strengthen their ability to innovate independently, improving their ability to use, protect, and manage intellectual property rights.
Article 8 The state establishes and improves a science and technology assessment system which facilitates independent innovation.
The science and technology assessment system shall, according to the characteristics of different science and technology-related activities and on principles of fairness, justness, and openness, classify and assess those activities.
Article 9 The state shall increase their financial investment and formulate industrial, tax, financial, and government procurement policy that encourages and directs societal investment and spurs a steady increase in funds spent by society as a whole for scientific and technological research and development.
Article 10 The State Council shall take the lead in national scientific and technological work, formulating a program for scientific and technological development, deciding on major national projects in science and technology and those closely related to science and technology, ensuring that science and technology advancement is coordinated with economic construction and societal development.
The local people's governments at the various levels shall take effective measures to advance scientific and technological progress.
Article 11 The science and technology administration department of the State Council is responsible for macro-administration as well as planning and coordination; other relevant departments of the State Council shall be responsible for the work relevant to science and technology advancement within their own respective functional scope.
The science and technology administration departments of people's governments above the county level shall be responsible for the work related to science and technology advancement within their administrative area; other relevant departments of people's governments above the county level shall be responsible for science and technology advancement work within their own respective functional scope.
Article 12 The state establishes a coordination mechanism for work related to science and technology advancement, researching major issues that arise during science and technology advancement work and coordinating major matters such as the establishment and linking of a national endowment fund for science and technology and projects in the national program for science and technology, the allocation of scientific and technological resources between the military and civilians, the consolidation of agencies for scientific and technological research and development as well as the integration of scientific and technological research and development with higher education and industrial development.
Article 13 The state improves rules and procedures in policy relevant to science and technology, establishing a standardized mechanism for inquiries and decision-making, promoting decision-making that is scientific and democratic.
When formulating the program for scientific and technological development and major relevant policy and deciding on major projects in science and technology and those closely related to science and technology, the opinions of those working in science and technology shall be solicited and decision-making conducted in a scientific manner.
Article 14 The government of the People's Republic of China shall develop scientific and technological cooperation and exchange with the governments of other countries as well as international organizations, encouraging institutions that engage in scientific and technological research and development, institutions of higher education, workers in the fields of science and technology, nongovernmental organizations involved in science and technology, and enterprises and public institutions to expand international cooperation and exchange in science and technology pursuant to law.
Article 15 The state establishes a science and technology reward system, giving awards to organizations and individuals that make a major contribution during activities related to the advancement of science and technology.
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