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Law of the People's Republic of China on the Progress of Science and Technology
Article source : | time:2021-04-16 11:16:50 | cliks:

Order of the president of the people's Republic of China No.82

The law of the people's Republic of China on the progress of science and technology was revised and adopted by the 31st meeting of the Standing Committee of the 10th National People's Congress of the people's Republic of China on December 29, 2007. The revised law of the people's Republic of China on the progress of science and technology is hereby promulgated and shall come into force as of July 1, 2008.

President Hu Jintao of the people's Republic of China

December 29, 2007

Law of the People's Republic of China on the Progress of Science and Technology

(adopted at the second meeting of the Standing Committee of the Eighth National People's Congress on July 2, 1993 and revised at the 31st meeting of the Standing Committee of the Tenth National People's Congress on December 29, 2007)

Chapter I General Provisions

Chapter II scientific research, technological development and Application

Chapter III technological progress of enterprises

Chapter IV scientific and technological research and development institutions

Chapter V scientific and technical personnel

Chapter VI safeguard measures

Chapter VII Legal Liability

Chapter VIII supplementary provisions

Chapter I General Provisions

Article 1 this law is formulated in accordance with the Constitution for the purpose of promoting the progress of science and technology, giving full play to the role of science and technology as the primary productive force, promoting the transformation of scientific and technological achievements into real productive forces, and promoting science and technology to serve economic construction and social development.

Article 2 the state adheres to the scientific outlook on development, implements the strategy of rejuvenating the country through science and education, implements the guiding principle of science and technology work of independent innovation, key leapfrogging, supporting development and leading the future, constructs the national innovation system and builds an innovative country.

Article 3 the state guarantees the freedom of scientific and technological research and development, encourages scientific exploration and technological innovation, and protects the legitimate rights and interests of scientific and technological personnel.

The whole society should respect labor, knowledge, talents and creation.

Schools and other educational institutions should adhere to the integration of theory with practice, and pay attention to the cultivation of the educated's independent thinking ability, practical ability and innovation ability, as well as the scientific spirit of pursuing truth, advocating innovation and seeking truth from facts.

Article 4 economic construction and social development shall rely on science and technology, and the work of scientific and technological progress shall serve economic construction and social development.

The State encourages scientific and technological research and development, promotes the application of science and technology to transform traditional industries and develop high-tech industries and social undertakings.

Article 5 the state develops the cause of popularizing science and technology, popularizes scientific and technological knowledge, and improves the scientific and cultural quality of all citizens.

The State encourages government organs, enterprises, institutions, social organizations and citizens to participate in and support scientific and technological progress activities.

Article 6 the State encourages the combination of scientific and technological research and development with higher education and industrial development, and encourages the cross integration and mutual promotion of natural sciences and Humanities and social sciences.

The state strengthens cross regional, cross industry and cross field scientific and technological cooperation, and supports scientific and technological progress in ethnic minority areas, remote areas and poverty-stricken areas.

The state strengthens the connection and coordination of military and civilian science and technology plans, promotes the exchange of military and civilian science and technology resources and technological development needs, as well as the two-way transfer of technologies, and develops dual-use technologies.

Article 7 the State formulates and implements the intellectual property strategy, establishes and improves the intellectual property system, creates a social environment that respects intellectual property, protects intellectual property according to law, and encourages independent innovation.

Enterprises, institutions and scientific and technological personnel should enhance their awareness of intellectual property rights, enhance their ability of independent innovation, and improve their ability to use, protect and manage intellectual property rights.

Article 8 the State shall establish and improve a science and technology evaluation system conducive to independent innovation.

The system of scientific and technological evaluation should be classified according to the characteristics of different scientific and technological activities and the principles of fairness, impartiality and openness.

Article 9 the State shall increase financial investment, formulate policies on industry, taxation, finance and government procurement, encourage and guide social investment, and promote the sustained and stable growth of funds for scientific and technological research and development of the whole society.

Article 10 the State Council shall lead the work of scientific and technological progress throughout the country, formulate plans for scientific and technological development, determine major national scientific and technological projects and major projects closely related to science and technology, and ensure the coordination of scientific and technological progress with economic construction and social development.

Local people's governments at all levels shall take effective measures to promote scientific and technological progress.

Article 11 the administrative department of science and technology under the State Council shall be responsible for the macro management and overall coordination of the work of scientific and technological progress throughout the country; Other relevant departments under the State Council shall be responsible for the work of scientific and technological progress within the scope of their respective functions and 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 in 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 functions and duties.

Article 12 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 connection of the national science and Technology Fund and the national science and technology plan, coordinate the allocation of military and civilian science and technology resources, the integration of scientific and technological research and development institutions, and the relationship between scientific and technological research and development and higher education The combination of industrial development and other major issues.

Article 13 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 and democratic decision-making.

In formulating plans and major policies for the development of science and technology and determining major projects of science and technology and those closely related to science and technology, the opinions of scientific and technological personnel shall be fully listened to and scientific decision-making shall be carried out.

Article 14 the government of the people's Republic of China shall develop scientific and technological cooperation and exchanges with foreign governments and international organizations, and encourage scientific and technological research and development institutions, institutions of higher learning, scientific and technological personnel, scientific and technological social organizations, enterprises and institutions to carry out international scientific and technological cooperation and exchanges according to law.

Article 15 the state establishes a science and technology reward system to reward organizations and individuals that have made important contributions to the activities of scientific and technological progress. 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 to reward scientific and technological progress.

Chapter II scientific research, technological development and Application

Article 16 The State establishes a natural science foundation to support basic research and scientific frontier exploration and to train scientific and technological talents.

The state establishes an innovation fund for small and medium-sized scientific and technological enterprises to support them to carry out technological innovation.

The state may, when necessary, set up other funds to support scientific and technological progress activities.

Article 17 those engaged in the following activities shall enjoy preferential tax treatment in accordance with the relevant provisions of the state:

(1) Engaged in technology development, technology transfer, technology consultation and technology service;

(2) Importing articles for scientific research or technological development that cannot be produced domestically or whose performance cannot meet the needs;

(3) Import key equipment, raw materials or spare parts that cannot be produced in China for the purpose of implementing major national science and technology projects and major national science and technology plans;

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

Article 18 The State encourages financial institutions to carry out intellectual property pledge 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 encourages insurance institutions to develop insurance products according to the needs of the development of high-tech industries.

Policy financial institutions shall, within their business scope, give priority to providing financial services for the application of science and technology and the development of high-tech industries.

Article 19 The State shall, in accordance with the principle of combining scientific and technological activities serving the state's objectives with the encouragement of free exploration, advance the deployment and development of basic research, cutting-edge technology research and social public welfare technology research, and support the sustained and stable development of basic research, cutting-edge technology research and social public welfare technology research.

Scientific and technological research and development institutions, institutions of higher learning, enterprises and institutions, and citizens have the right to choose their own subjects according to law and engage in basic research, cutting-edge technology research, and public welfare technology research.

Article 20 the patent right for invention, the copyright of computer software, the exclusive right for layout design of integrated circuits and the right for new varieties of plants formed by a science and technology fund project or a science and technology plan project established with financial funds shall be obtained by the authorized project undertakers according to law, except for those involving national security, national interests and major social and public interests.

The project undertaker shall implement the intellectual property rights stipulated in the preceding paragraph in accordance with the law, take protective measures, and submit an annual report on the implementation and protection to the project management organization; If it is not implemented within a reasonable period of time, the state may implement it without compensation, or permit others to implement it with compensation or without compensation.

The state may, for the sake of national security, national interests and major social and public interests, implement the intellectual property rights as stipulated in the first paragraph of this article obtained by the project undertaker according to law, or permit others to implement them with compensation or without compensation.

The project undertaker's profit distribution arising from the implementation of the intellectual property rights specified in the first paragraph of this article shall be implemented in accordance with the provisions of relevant laws and administrative regulations; If there are no provisions in laws or administrative regulations, the provisions shall be followed.

Article 21 The State encourages the first use of the intellectual property rights formed by science and technology fund projects or science and technology plan projects established with financial funds in China.

If the intellectual property rights mentioned in the preceding paragraph are transferred to or licensed to be exclusively implemented by overseas organizations or individuals, approval shall be obtained from the project management agency; Where laws and administrative regulations have other provisions on the approval authority, such provisions shall prevail.

Article 22 The State encourages the introduction of advanced foreign technology and equipment in accordance with the industrial and technological policies of the state.

Those who use fiscal funds and state-owned capital to introduce major technology and equipment shall digest, absorb and re innovate the technology.

Article 23 The State encourages and supports basic and applied research in agricultural science and technology, disseminates and popularizes agricultural science and technology knowledge, speeds up the transformation and industrialization of agricultural science and technology achievements, and promotes the progress of agricultural science and technology.

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 in the research, development and application of new agricultural varieties and technologies.

Local people's governments at all levels shall encourage and guide mass scientific and technological organizations in rural areas to provide scientific and technological services for the development of crop production, forestry, animal husbandry and fishery, and to provide scientific and technological training for farmers.

Article 24 The State Council may, when necessary, approve the establishment of national high-tech industrial development zones, and give guidance and support to the construction and development of national high-tech industrial development zones, so as to form their characteristics and advantages and give play to their agglomeration effect.

Article 25 for the products and services independently innovated by citizens, legal persons or other organizations within the territory of China, or the products and services that need special support from the state, the government procurement shall purchase them on the condition that the performance, technology and other indicators can meet the needs of government procurement; If it is put on the market for the first time, government procurement shall take the lead in purchasing.

Where the products purchased by the government are yet to be researched and developed, the purchaser shall, by means of bidding, determine scientific and technological research and development institutions, institutions of higher learning or enterprises to carry out research and development, and order them.

Article 26 The State promotes the combination of scientific and technological research and development with the formulation of standards for products and services, and the combination of scientific and technological research and development with product design and manufacturing; We will guide scientific and technological research and development institutions, colleges and universities, and enterprises to jointly promote the research, formulation, and legal adoption of national standards for major technological innovation products and services.

Article 27 the state cultivates and develops the technology market, encourages the establishment of intermediary service institutions engaged in technology evaluation, technology brokerage and other activities, guides the establishment of a socialized, specialized and networked technology trading service system, and promotes the popularization and application of scientific and technological achievements.

Technology trading activities shall follow the principles of voluntariness, equality, mutual benefit, compensation and good faith.

Article 28 the State practices a system of keeping science and technology secret to protect science and technology secrets involving state security and interests.

The State implements the exit management system for precious, rare and endangered biological germplasm resources, genetic resources and other scientific and technological resources.

Article 29 The State shall prohibit scientific and technological research and development activities that endanger national security, social and public interests, endanger human health and violate ethics.

Chapter III technological progress of enterprises

Article 30 the State shall establish a technological innovation system with enterprises as the main body, market-oriented and the combination of enterprises with scientific and technological research and development institutions and institutions of higher learning, guide and support technological innovation activities of enterprises and give full play to the main role of enterprises in technological innovation.

Article 31 the scientific and technological plans formulated by the people's governments at or above the county level and their relevant departments in connection with industrial development 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 participate in the implementation and equal competition in determining the scientific and technological plan projects; For projects with clear market application prospects, enterprises shall be encouraged to implement jointly with scientific and technological research and development institutions and institutions of higher learning.

Article 32 The State encourages enterprises to carry out the following activities:

(1) Establish internal scientific and technological research and development institutions;

(2) To establish scientific and technological research and development institutions jointly with other enterprises, scientific and technological research and development institutions and institutions of higher learning, or to carry out scientific and technological research and development by Commission, etc;

(3) To cultivate, attract and use scientific and technical personnel;

(4) To jointly train professional and technical talents and high skilled talents with scientific and technological research and development institutions, colleges and universities, vocational colleges or training institutions, and attract graduates from colleges and universities to work in enterprises;

(5) Establish post doctoral workstation according to law;

(6) In combination with technical innovation and staff skills training, science and technology popularization activities shall be carried out, and venues or facilities for popularization of science and technology shall be set up to the public.

Article 33 The State encourages enterprises to increase their investment in research and development and technological innovation, independently establish research and development topics and carry out technological innovation activities.

The State encourages enterprises to digest, absorb and re innovate the technology introduced.

The research and development expenses incurred by enterprises in developing new technologies, new products and new processes can be paid in front of tax and deducted in accordance with relevant national regulations. The depreciation of scientific and technological research and development instruments and equipment of enterprises can be accelerated.

Article 34 The State shall establish funds with financial funds to provide discount and guarantee for the loans for independent innovation and industrialization of achievements of enterprises.

Policy financial institutions shall, within their business scope, give key support to the independent innovation projects encouraged by the state.

Article 35 The State shall improve the capital market, establish and improve the mechanism for promoting independent innovation, and support qualified high-tech enterprises to use the capital market to promote their own development.

The State encourages the establishment of venture capital guiding fund, guiding social funds to venture capital enterprises and supporting the enterprise's entrepreneurship and development.

Article 36 the following enterprises shall enjoy preferential tax revenue in accordance with the relevant provisions of the state:

(1) Enterprises engaged in research and development and production of high-tech products;

(2) Venture capital enterprises invested in small and medium-sized high-tech enterprises;

(3) Other enterprises related to the progress of science and technology as stipulated by laws and administrative regulations.

Article 37 The State shall support the construction of public research and development platforms and scientific and technological intermediary service institutions.

Public research and development platform and science and technology intermediary service institutions should provide services for technological innovation of small and medium-sized enterprises.

Article 38 The State shall protect the intellectual property rights obtained by the enterprise research and development in accordance with law.

Enterprises should constantly improve their ability to use, protect and manage intellectual property rights, and enhance their ability of independent innovation and market competition.

Article 39 state owned enterprises shall establish and improve the distribution system conducive to technological innovation and the incentive and restraint mechanism.

The person in charge of a state-owned enterprise is responsible for the technological progress of the enterprise. For the performance appraisal of the person in charge of the state-owned enterprise, the enterprise's innovation investment, innovation ability construction and innovation effect shall be included in the scope of the appraisal.

Article 40 local people's governments at or above the county level and their relevant departments shall create a market environment of fair competition and promote technological progress of enterprises.

The relevant departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the central government shall, through formulating policies on industry, finance, energy and environmental protection, 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 producing technologically backward products.

Chapter IV scientific and technological research and development institutions

Article 41 The State shall make an overall plan for the layout of scientific and technological research and development institutions, and establish and improve the scientific and technological research and development system.

Article 42 Citizens, legal persons or other organizations shall have the right to establish scientific and technological research and development institutions according to law. Foreign organizations or individuals may establish scientific and technological research and development institutions independently within the territory of China according to law, or jointly with organizations or individuals within the territory of China according to law.

Scientific and technological research and development institutions engaged in basic research, cutting-edge technology research and social public welfare technology research may be established with financial funds. In order to set up scientific and technological research and development institutions with financial funds, the allocation should be optimized to prevent duplication; Repeated scientific and technological research and development institutions shall be integrated.

Scientific and technological research and development institutions and institutions of higher learning may set up post doctoral workstations according to law. Scientific and technological research and development institutions may set up branches abroad according to law.

Article 43 scientific and technological research and development institutions shall enjoy the following rights:

(1) Organizing or participating in academic activities according to law;

(2) In accordance with the relevant provisions of the state, independently determine the direction and projects of scientific and technological research and development, independently determine the use of funds, the establishment of institutions, the employment and reasonable flow of personnel and other internal management affairs;

(3) To carry out scientific and technological research and development jointly with other scientific and technological research and development institutions, universities and enterprises;

(4) Get social donation and financial support;

(5) Other rights stipulated by laws and administrative regulations.

Article 44 scientific and technological research and development institutions shall carry out scientific and technological research and development activities in accordance with the provisions of the articles of Association; No falsehood shall be made in scientific and technological activities, nor shall superstition activities be participated in or supported.

The scientific and technological research and development institutions established by financial funds shall serve the national goals and social public interests in carrying out scientific and technological research and development activities; If conditions permit, venues or facilities for popularization of science and technology shall be opened to the public and activities for popularization of science and technology shall be carried out.

Article 45 the scientific and technological research and development institutions established with financial funds shall establish a modern institute system with clear responsibilities, scientific evaluation, open and orderly management, and standardized management, implement the system of the president or director of the Institute, establish a system of consulting Science and Technology Committee and supervision system of the staff and workers' Congress, and absorb external experts to participate in management and accept social supervision; The employment of the president or director shall introduce a competitive mechanism.

Article 46 the scientific and technological research and development institutions established with financial funds shall establish mechanisms conducive to the sharing of scientific and technological resources and promote the effective utilization of scientific and technological resources.

Article 47 The State encourages social forces to establish scientific and technological research and development institutions on their own, so as to ensure that their legitimate rights and interests are not infringed.

The scientific and technological research and development institutions established by social forces have the right to participate in the implementation and equal competition of the scientific and technological fund projects and scientific and technological plans established by the financial funds in accordance with the relevant provisions of the state.

The non-profit scientific and technological research and development institutions established by social forces shall enjoy preferential tax revenue in accordance with the relevant provisions of the state.

Chapter V scientific and technical personnel

Article 48 scientific and technical personnel are important forces in the cause of socialist modernization. The State takes various measures to improve the social status of science and technology personnel, through various ways, cultivate and train various specialized scientific and technological personnel, create favorable environment and conditions, and give full play to the role of science and technology personnel.

Article 49 people's governments at all levels and enterprises and institutions shall take measures to improve the wages and welfare treatment of scientific and technological personnel; We will give preferential treatment to the scientific and technical personnel with outstanding contributions.

Article 50 people's governments at all levels and enterprises and institutions shall guarantee the right of scientific and technological personnel to continue education, and create environment and conditions for the rational flow of scientific and technological personnel and give full play to their expertise.

Article 51 scientific and technical personnel may, according to their academic level and business ability, choose work units and compete for corresponding posts, and obtain corresponding positions or titles.

Article 52 Where scientific and technical personnel work in hard, remote areas or in harsh or dangerous environments, the units where they work shall, in accordance with the provisions of the state, give subsidies and provide occupational health and health protection for their posts or workplaces.

Article 53 young scientific and technological personnel, minority science and technology personnel, female science and technology personnel shall enjoy equal rights in the fields of competing for professional and technical positions, participating in scientific and technological evaluation, undertaking scientific and technological research and development projects and receiving continuing education.

The discovery, cultivation and use of young scientific and technical personnel shall be regarded as an important content in the evaluation of scientific and technological progress.

Article 54 The State encourages the scientific and technological personnel working abroad to return to China for scientific and technological research and development. If the scientific and technological research and development institutions established by financial funds and institutions of higher learning employ outstanding scientific and technological personnel working abroad to return to China for scientific and technological research and development, they shall provide convenience for their work and life.

If an outstanding foreign scientific and technological personnel come to China to engage in scientific and technological research and development, they may, in accordance with the relevant provisions of the state, give priority to the right of permanent residence in China in accordance with law.

Article 55 scientific and technical personnel shall carry forward the spirit of science, abide by academic norms, abide by professional ethics and be honest and trustworthy; No falsehood shall be made in scientific and technological activities, nor shall superstition activities be participated in or supported.

Article 56 The State encourages scientific and technological personnel to explore freely and bear risks. If the original record can prove that the scientific and technical personnel who undertake the scientific and technological research and development project with strong exploration and high risk have fulfilled their duty of diligence and responsibility, and still cannot complete the project, they shall be tolerated.

Article 57 the administrative organizations of science and technology fund projects and scientific and technological planning projects established with financial funds shall establish academic integrity files for the scientific and technical personnel involved in the project as the basis for the appointment of professional technical posts or titles of scientific and technological personnel, examination and approval of scientific and technological personnel applying for scientific and technological research and development projects, etc.

Article 58 scientific and technological personnel shall have the right to establish or participate in scientific and technological social organizations in accordance with law.

The association of science and technology and other scientific and technological social organizations play a role in promoting academic exchanges, promoting discipline construction, developing science and technology popularization, cultivating special talents, conducting consulting services, strengthening self-discipline of scientific and technical personnel and safeguarding the legitimate rights and interests of scientific and technological personnel.

The legal rights and interests of science and technology associations and other scientific and technological social organizations are protected by law.

Chapter VI safeguard measures

Article 59 The State shall gradually improve the overall level of scientific and technological funds input; The increase of the state finance for science and technology funds shall be higher than the growth rate of the national financial regular income. The funds for research and development of science and technology in the whole society should account for an appropriate proportion of GDP and be gradually increased.

Article 60 financial funds for science and technology shall be mainly used for the following items:

(1) The basic conditions and facilities construction of science and technology;

(2) Basic research;

(3) The research on the frontier technology, the research on social public welfare technology and the key technology research of the major commonality, which has strategic, basic and forward-looking effects on economic construction and social development;

(4) The application of key technologies of major commonalities and demonstration of high and new technology industrialization;

(5) The research and development of new agricultural varieties and new technologies and the application and promotion of agricultural scientific and technological achievements;

(6) Science and technology are popular.

The State supports the scientific and technological research and development institutions established by using financial funds, and the State supports the funds and experimental means.

Article 61 audit organs and financial departments shall, in accordance with law, supervise and inspect the management and use of financial scientific and technological funds.

No organization or individual may falsely report, falsely claim, embezzle, misappropriate or intercept financial scientific and technological funds.

Article 62 in determining the scientific and technological fund projects established by using financial funds, the principles of macro guidance, independent application, equal competition, peer review and preferential support shall be adhered to; The project undertaking of a scientific and technological plan project established with financial funds shall be determined on the basis of the relevant provisions of the state.

The management organizations of science and technology fund projects and science and technology planning projects established by financial funds shall establish an expert database for evaluation, establish and improve the expert evaluation system for science and technology fund projects and scientific and technological plan projects, and the selection, avoidance and accountability system of experts.

Article 63 The State shall, in accordance with the principle of overall planning and optimization of allocation, integrate and establish the national scientific and technological research and experimental base.

The State encourages the establishment of comprehensive scientific and technological experimental service units to provide or entrust other people with scientific and technological experimental services for scientific and technological research and development institutions, colleges and universities, enterprises and scientific and technological personnel.

Article 64 The State shall, in accordance with the requirements of scientific and technological progress, formulate plans for the purchase of large-scale scientific instruments and equipment in accordance with the principles of overall planning, highlighting sharing, optimizing allocation, comprehensive integration, government led and multi party joint construction, and carry out joint evaluation on large-scale scientific instruments and equipment purchased mainly by financial funds.

Article 65 the administrative department of science and technology under the State Council shall, in conjunction with the relevant competent departments under the State Council, establish an information system for scientific and technological research bases, scientific instruments and equipment, scientific and technological documents, scientific and technological data, scientific and technological natural resources, and resources for popularization of science and technology, and timely publicize the distribution and use of scientific and technological resources to the society.

The administrative unit of science and technology resources shall publish to the society the system and usage of the shared use of the scientific and technological resources under management and arrange for use according to the use system; However, where the law or administrative regulations stipulate that it should be kept confidential, it shall be in accordance with the provisions.

The administrative unit of scientific and technological resources shall not infringe upon the intellectual property rights of 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 by both parties.

Article 66 The State encourages organizations or individuals at home and abroad to donate property, establish science and technology funds, and to support scientific and technological research and development and popularization of science and technology.

Chapter VII Legal Liability

Article 67 in violation of the provisions of this law, the financial funds used for scientific and technological progress shall be falsely reported, falsely collected, embezzled, misappropriated and retained, and the financial funds used for scientific and technological progress shall be ordered to be corrected in accordance with the provisions of the punishment and punishment for the financial illegal acts, the relevant financial funds and illegal gains shall be recovered and the administrative punishment shall be imposed according to law; The persons in charge and other persons directly responsible shall be punished according to law.

Article 68 If, in violation of the provisions of this law, the purchase of large-scale scientific instruments and equipment with financial funds and state-owned capital fails to fulfill the obligation of sharing and using large scientific and technological resources, the relevant competent departments shall order them to make corrections and punish the persons in charge and other persons directly responsible according to law.

Article 69 Whoever, in violation of the provisions of this law, abuses its power, limits or suppresses scientific and technological research and development activities, shall be punished by the persons in charge directly in charge and other persons directly responsible in accordance with law.

Article 70 in violation of the provisions of this law, plagiarizing or plagiarizing other scientific and technological achievements or making false mistakes in scientific and technological activities, the competent departments of the units or units where the scientific and technological personnel are located shall order them to correct and shall punish the persons in charge directly in charge and other persons directly responsible in accordance with law; If the financial funds used for scientific and technological progress are obtained or illegal gains are obtained, the relevant competent departments shall recover the financial funds and illegal gains; If the circumstances are serious, the competent authorities of the units or units in charge shall announce their illegal acts to the society, and they shall not apply for the projects of the national science and Technology Fund and the national science and technology plan within a certain period of time.

Article 71 Whoever, in violation of the provisions of this law, defraudes the State Award for science and technology, shall revoke the award according to law, recover the bonus and give a punishment according to law.

If the unit or individual recommended violates the provisions of this law to provide false data and materials and assist others in defrauding the State Science and technology awards, the competent department shall give a circular for criticism; If the circumstances are serious, the qualification for recommendation shall be suspended or cancelled and a punishment shall be given according to law.

Article 72 in case of violating the provisions of this law, the relevant departments and their staff, such as science and technology administration, abuse their power, neglect their duties, engage in malpractices for personal gain, they shall be punished by the persons in charge directly in charge and other persons directly responsible according to law.

Article 73 If the administrative penalty is prescribed by other laws and regulations in violation of the provisions of this law, the provisions shall be followed; If property losses or other damages are caused, civil liability shall be borne in accordance with law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VIII supplementary provisions

Article 74 other relevant matters related to science and technology of national defense shall be prescribed by the State Council and the Central Military Commission.

Article 75 this Law shall come into force as of July 1st, 2008.

Source: Chongqing Science and Technology Bureau