Law of the People's Republic of China on Scientific and Technological Progress (2021 Revision)

Law of the People's Republic of China on Scientific and Technological Progress (2021 Revision) 中华人民共和国科学技术进步法(2021修订) Order of the President of the People's Republic of China (No. 103) The Law of the People's Republic of China on Scientific and Technological Progress, as revised and adopted at the 32nd Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on December 24, 2021, is hereby issued, and shall come into force on January 1, 2022. Xi Jinping, President of the People's Republic of China December 24, 2021 Law of the People's Republic of China on Scientific and Technological Progress (Adopted at the 2nd Session of the Standing Committee of the Eighth National People's Congress on July 2, 1993; revised for the first time at the 31st Session of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on December 29, 2007; revised for the second time at the 32nd Session of the Standing Committee of the Thirteenth National People's Congress on December 24, 2021) Contents Chapter I General Provisions Chapter II Basic Research Chapter III Applied Research and Commercialization of Achievements Chapter IV Scientific and Technological Innovation by Enterprises Chapter V Scientific and Technological Research and Development Institutions Chapter VI Science and Technology Personnel Chapter VII Regional Scientific and Technological Innovation Chapter VIII International Scientific and Technological Cooperation Chapter IX Safeguard Measures Chapter X Supervision and Administration Chapter XI Legal Liability Chapter XII Supplementary Provisions Chapter I General Provisions Article 1 This Law is enacted in accordance with the Constitution for the purposes of comprehensively promoting scientific and technological progress, maximizing the role of science and technology as the primary productive force, of innovation as the primary driving force, and of talents as primary resources, promoting the transformation of scientific and technological achievements into practical productive forces, prompting scientific and technological innovation to support and lead economic and social development, and building a modern socialist country in an all-round manner. Article 2 The overall leadership of the Communist Party of China over the cause of science and technology shall be adhered to. The state shall adhere to the new development concept and the core position of scientific and technological innovation in the big picture of national modernization drive, take scientific and technological self-reliance as the strategic support for national development, implement the Strategy of Invigorating China through Science and Education, the Strategy of Strengthening China through Talents, and the Innovation-Driven Development Strategy, follow the path of independent innovation with Chinese characteristics, and transform China into a country that is strong in science and technology. Article 3 The work on scientific and technological progress shall be oriented to the frontiers of world science and technology, the main economic battlefield, the major needs of the state, and the life and health of the public, and serve the promotion of economic and social development, the safeguards for national security, and the promotion of sustainable human development. The state shall encourage scientific and technological research and development, and promote the application of science and technology to innovate and improve traditional industries and develop high-tech industries and social undertakings, support the achievement of goals of peaking carbon dioxide emissions and carbon neutrality, boost the generation of new development momentum, and achieve high-quality development. Article 4 The state shall improve the efficient, coordinated, and open national innovation system, coordinate scientific and technological innovation and institutional innovation, improve the new national concentrated effort system under the conditions of a socialist market economy, maximize the decisive role of the market in allocating innovation resources, better bring the role of the government into play, optimize the allocation of scientific and technological resources, improve the efficiency of resource utilization, promote close cooperation among various innovators, orderly flow of innovation factors, and continuous optimization of the innovation ecology, heighten capabilities for systemization and for key breakthroughs, and enhance the overall effectiveness of the innovation system. The state shall build and strengthen a national strategic scientific and technological force with national laboratories, national scientific and technological research and development institutions, high-level research universities, and leading technology enterprises as its mainstay, which shall play a strategic support and leadership role and have effects of major original innovation in key areas and key directions and serve the major strategic needs of the state. Article 5 The state shall coordinate development and security, enhance its capability to manage scientific and technological security, improve the systems and mechanisms for preventing and dissolving scientific and technological security risks, strengthen the security management of scientific and technological research, development, and application activities, support scientific and technological innovation in the field of national security, and improve the capability and level of scientific and technological innovation to support national security. Article 6 The state shall encourage the combination of scientific and technological research and development with higher education and industrial development, and encourage interdisciplinarity and mutual promotion of disciplines. The state shall strengthen the scientific and technological cooperation among different regions, industries and fields, and support the scientific and technological progress of old revolutionary base areas, ethnic minority areas, remote areas and underdeveloped areas. The state shall strengthen the coordinated development of science and technology for military and civilian purposes, promote mutual exchange between military and civilian scientific and technological resources and military and civilian technological development demands as well as the two-way transfer of technology, and develop the dual-use technology. Article 7 The state shall follow the principle of combining service rendered by scientific and technological activities to national goals with encouragement of free explorations, make far-sighted arrangements for major basic research, frontier technological research with prospects for major industrial applications and technological research for public welfare, support the sustained and stable development of basic research, frontier technological research and technological research for public welfare, strengthen original innovation and research on core technologies for key fields, and accelerate the achievement of high-level scientific and technological self-reliance. Article 8 The state shall guarantee the freedom of scientific and technological research and development, encourage scientific exploration and technological innovation, and protect the lawful rights and interests of science and technology personnel in free exploration, among others. Scientific and technological research and development institutions, institutions of higher learning, enterprises, public institutions and citizens shall have the right to independently select topics, explore unknown scientific fields, and engage in basic research, frontier technological research and technological research for public welfare. Article 9 Schools and other educational institutions shall adhere to linking theory with practice, and pay attention to cultivating the educatees' ability to think independently, to practice and to innovate, and critical thinking, as well as the scientific spirit of pursuing truth, advocating innovation and seeking truth from facts. The state shall maximize the important role of institutions of higher learning in scientific and technological research, encourage institutions of higher learning to engage in scientific research, technological development, and social services, and train high-level specialists with a sense of social responsibility, innovative spirit, and practical ability. Article 10 Science and technology personnel are an important talent force in the socialist modernization drive and shall be respected by the whole society. The state shall adhere to the strategic position of talents in leading development, deepen the reform of talents development systems and mechanisms, comprehensively train, introduce, and make good use of talents, create an environment that conforms to the laws of scientific and technological innovation and growth of talents, and maximize the role of talents as primary resources. Article 11 The state shall create a social environment conducive to scientific and technological innovation, and encourage government agencies, non-governmental groups and organizations, enterprises, public institutions, social organizations, and citizens to participate in and support scientific and technological progress activities. The whole society shall respect labor, knowledge, talent and innovation, and develop a prevailing custom of advocating science. Article 12 The state shall develop undertakings for the popularization of science and technology, disseminate scientific and technological knowledge, strengthen the building of infrastructure and capacity for popularizing science and technology, and raise the scientific and cultural qualities of all citizens, especially youths. Popularization of science and technology shall be the common responsibility of the whole society. The state shall establish a sound incentive mechanism for the popularization of science and technology, and encourage scientific and technological research and development institutions, institutions of higher learning, enterprises, public institutions, social organizations, and science and technology personnel to actively participate in and support activities to popularize science and technology. Article 13 The state shall formulate and implement the intellectual property strategy, establish a sound intellectual property system, create a social environment in which intellectual property rights are respected, protect intellectual property, and encourage independent innovation. Enterprises, public institutions, social organizations, and science and technology personnel shall enhance their awareness of intellectual property, strengthen their capability of independent innovation, enhance their capability to create, utilize, protect, manage, and serve intellectual property rights, and improve the quality of intellectual property rights. Article 14 The state shall establish a sound science and technology evaluation system conducive to innovation. Science and technology evaluation shall adhere to the principles of openness, fairness, and impartiality, be oriented towards the quality, contribution, and performance of scientific and technological innovation, and be implemented in a categorized manner according to the characteristics of different scientific and technological activities. Article 15 The State Council shall lead the work of scientific and technological progress across the country, formulate medium and long-term scientific and technological development plans and scientific and technological innovation plans, and determine major national science and technology projects and major projects closely relating to science and technology. Medium and long-term scientific and technological development plans and scientific and technological innovation plans shall specify guidelines, play a strategic guiding role, and guide and coordinate the layout of scientific and technological development, resource allocation, and policy formulation. The people's governments at or above the county level shall incorporate the work on scientific and technological progress into national economic and social development plans and guarantee that scientific and technological progress is in coordination with economic and social development. The local people's governments at various levels shall take effective measures to strengthen the organization and management of scientific and technological progress, optimize the environment for scientific and technological development, and promote scientific and technological progress. Article 16 The administrative department of science and technology under the State Council shall be responsible for the macro management, overall coordination, service guarantee, and supervision of the implementation of the work of scientific and technological progress nationwide; and other relevant departments under the State Council shall be responsible for the work related to scientific and technological progress within the scope of their respective duties. The administrative departments of science and technology under 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; and other relevant departments under the local people's governments at or above the county level shall be responsible for the work related to scientific and technological progress within the scope of their respective duties. Article 17 The state shall establish a coordination mechanism of scientific and technological progress to study major issues in the work of scientific and technological progress, coordinate the establishment of and mutual connection between projects under national science and technology programs, and coordinate such significant matters as the allocation of scientific and technological resources, the integration of scientific and technological research and development institutions, as well as the combination of scientific and technological research and development with higher education and industrial development. Article 18 May 30 of each year shall be National Science and Technology Workers Day. The state shall establish a sound science and technology awarding system and found Highest Science and Technology Awards and other awards to reward the organizations and individuals that have made outstanding contributions in promoting scientific and technological progress. Specific measures shall be formulated by the State Council. The state shall encourage domestic and overseas organizations or individuals to set up science and technology awards to reward organizations and individuals that have made contributions in promoting 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, improve the systematic layout of projects, talents, and bases, and provide good material conditions and powerful institutional guarantees for the development of basic research. The state shall strengthen planning and arrangements, promote the organic combination of free exploration and goal orientation in basic research, centering on the frontiers of science and technology, economic and social development, the major needs of national security, and the life and health of the public, with a focus on major key technological issues, strengthen basic research in emerging and strategic industries and other fields, and enhance the capacity for supply at source of science and technology. The state shall encourage scientific and technological research and development institutions, institutions of higher learning, and enterprises, among others, to bring their own advantages into play, strengthen basic research, and promote original innovation. Article 20 The state finance authorities shall establish an investment mechanism to stably support basic research. The state shall encourage local people's governments with good conditions, in light of the needs of local economic and social development, to reasonably determine the fiscal investment in basic research and strengthen support for basic research. The state shall guide enterprises in increasing investment in basic research, encourage non-governmental entities to invest in basic research through multiple channels such as donation and formation of funds, and provide fiscal, financial, tax, and other policy support. The proportion of funds for basic research to the aggregate funds for scientific and technological research and development in the whole society shall be gradually increased so as to meet the requirements of building China into an innovation-oriented country and a country strong in science and technology. Article 21 The state shall establish a natural science foundation to fund basic research and support talent training and team building. The determination of projects funded by the National Natural Science Foundation of China shall adhere to the principles of macro guidance, independent application, equal competition, peer review, and merit-based support. The local people's governments with good conditions may, in light of local actual economic and social conditions and development needs, establish natural science foundations to support basic research. Article 22 The state shall improve the layout of disciplines and the construction of knowledge systems, advance interdisciplinarity, and promote the coordinated development of basic research and applied research. Article 23 The state shall increase efforts to train basic research talents, strengthen the stable support for basic research talents, and improve the quality and level of the team of basic research talents. The state shall establish a resource allocation mechanism that meets the needs of basic research, establish an evaluation system and incentive mechanism commensurate with basic research, create a good environment for concentration on basic research, and encourage and attract outstanding science and technology personnel to participate in basic research. Article 24 The state shall strengthen the construction of basic research bases. The state shall improve the creation of basic conditions for basic research and advance opening and sharing. Article 25 The state shall support institutions of higher learning in strengthening the construction of basic disciplines and the training of basic research talents, enhance the capability to independently arrange basic research, and promote the high-quality development of basic research in institutions of higher learning. Chapter III Applied Research and Commercialization of Achievements Article 26 The state shall encourage the promotion of basic research by applied research, and further the integrated development of basic research, applied research, and commercialization of achievements. The state shall improve the system for supply of common basic technology, promote the deep integration of the innovation chain and the industrial chain, and safeguard the security of the industrial chain and the supply chain. Article 27 The state shall establish a sound mechanism for coordination of scientific research, strengthen the integrated allocation of projects, talents, bases, and funds in key fields, with a focus on economic and social development, major needs of national security, and the life and health of the public, promote close cooperation among firms, universities, and research institutes, and boost the independence and controllability of core technologies for key fields. Article 28 The state shall improve the national concentrated effort system for research on core technologies for key fields, organize the implementation of major scientific and technological tasks that reflect national strategic needs, systematically lay out forward-looking and strategic major scientific and technological projects, and arrange the research and development of core technologies for key fields in advance. Article 29 The state shall strengthen the construction of common technology platforms and scientific and technological research and development institutions oriented to the needs of industrial development, and encourage local governments to build applied research and scientific and technological research and development institutions which suit development needs. The state shall encourage scientific and technological research and development institutions and institutions of higher learning to strengthen research on common basic technology, and support research and development activities dominated by enterprises and oriented to markets and industrialized applications. Article 30 The state shall strengthen pilot-scale experiments on and the engineering and industrialized development and application of scientific and technological achievements, and accelerate the transformation of scientific and technological achievements into practical productive forces. Scientific and technological research and development institutions established with government funds and institutions of higher learning shall actively promote the commercialization of scientific and technological achievements, strengthen the building of technology transfer institutions and talent teams, and establish sound systems for promoting the commercialization of scientific and technological achievements. Article 31 The state shall encourage enterprises, scientific and technological research and development institutions, institutions of higher learning, and other organizations to establish a cooperation mechanism featuring complementary advantages, clear division of labor, and sharing of achievements and risks, jointly form research and development platforms, technological innovation alliances, and innovation consortia, among others, in accordance with market mechanisms, coordinate the advancement of research and development and the commercialization of scientific and technological achievements, and improve the effectiveness of transfer and commercialization of scientific and technological achievements. Article 32 For the scientific and technological achievements of projects under science and technology programs established with government funds, persons undertaking the projects shall be authorized to acquire relevant intellectual property rights in accordance with the law without prejudice to national security, national interests, and major public interests, and may invest in the implementation of commercialization themselves, make transfers to others, jointly implement commercialization with others, authorize others to make use, or make investment at an appraised value, among others, in accordance with the law. A person undertaking a project shall exercise the intellectual property rights provided for in the preceding paragraph according to the law and, at the same time, take protective measures, and shall submit an annual report on such exercise and protection to the project management institution; and if the person undertaking the project fails to exercise his intellectual property rights within the reasonable time limit without justification, the state may exercise them without compensation, or may permit another person to exercise them with or without compensation. With respect to the intellectual property rights provided for in the first paragraph of this article which are obtained by the person undertaking the project according to the law, for the benefit of national security, national interests or important public interests, the state may exercise them without compensation or permit another person to exercise them with or without compensation. The benefits arising from the exercise of the intellectual property rights provided for in the first paragraph of this article by the persons undertaking the project shall be distributed according to applicable laws or regulations, or according to the agreement in the absence of applicable laws or regulations. Article 33 The state shall implement a distribution policy oriented to increasing the value of knowledge, advance the reform of mechanisms for the ownership of, and distribution of rights and interests in, intellectual property in accordance with the relevant provisions issued by the state, and explore a system for vesting ownership or rights of long-term use of job-related scientific and technological achievements in science and technology personnel. Article 34 The state shall encourage the intellectual property rights created in projects under science and technology......