Law of the People's Republic of China on the Progress of Science and Technology (Revised in 2021)
Law of the People's Republic of China on the Progress of Science and Technology (Revised in 2021)
Law of the People's Republic of China on the Progress of Science and Technology (Revised in 2021)
Order of the President of the People's Republic of China No. 103
December 24, 2021
The Law of the People's Republic of China on Progress of Science and Technology, amended and adopted at the 32nd Meeting of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on December 24, 2021, is hereby promulgated and shall take effect on January 1, 2022.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on the Progress of Science and Technology
(Adopted at the 2nd Meeting of the Standing Committee of the Eighth National People's Congress on July 2, 1993, amended for the first time at the 31st Meeting of the Standing Committee of the Tenth National People's Congress on December 29, 2007, and amended for the second time at the 32nd Meeting of the Standing Committee of the Thirteenth National People's Congress on December 24, 2021)
Table of Contents
Chapter I General Provisions
Chapter II Basic Research
Chapter III Applied Research and Transformation of Achievements
Chapter IV Technological Innovation of Enterprises
Chapter V Scientific Research and Technological Development Institutions
Chapter VI Scientific and Technical (S&T) Personnel
Chapter VII Regional Technological Innovation
Chapter VIII International Scientific and Technological Cooperation
Chapter IX Guarantee Measures
Chapter X Supervision and Management
Chapter XI Legal Liability
Chapter XII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution with a view to comprehensively promoting the progress of science and technology, bringing into play the role of science and technology as the primary productivity, of innovation as the primary driving force, and of talents as the primary resource, promoting the transformation of scientific and technologic achievements into practical productivity, advancing economic and social development driven and led by scientific and technological innovation, and building a modern socialist country in an all-round way.
Article 2 China adheres to the overall leadership of the Communist Party of China over the cause of science and technology.
The State upholds the new development concept, maintains scientific and technological innovation as the core position in China's overall modernization, regards scientific and technological self-reliance and self-improvement as the strategic support for national development, implements the strategy of invigorating the country through science and education, the strategy of strengthening the country through talents and the strategy of innovation-driven development, and follows the path of independent innovation with Chinese characteristics, to build a powerful country in science and technology.
Article 3 The work on progress of science and technology shall be oriented towards the frontiers of science and technology worldwide, the main economic arena, the major needs of the country, and the life and health of the people, and shall serve the advancement of economic and social development, the maintenance of national security and the promotion of sustainable human development.
The State encourages scientific research and technological development, promotes the application of science and technology to transform and upgrade traditional industries and the development of high-tech industries and social undertakings, so as to support the achievement of the objectives for carbon dioxide peaking and carbon neutrality, to generate new development momentum and achieve high-quality development.
Article 4 The State improves the efficient, coordinated and open national innovation system, coordinates scientific and technological innovation and institutional innovation, improves the new whole-nation system under the context of socialist market economy, gives full play to the decisive role of the market in allocating innovation resources, leverages the functions of the government, optimizes the allocation of scientific and technological resources, improves the efficiency of resource utilization, promotes the close cooperation among various innovation entities, the orderly flow of innovation elements and the continuous optimization of innovation ecology, enhances the capabilities of systematization and key breakthroughs, and boosters the overall efficiency of the innovation system.
The State builds and strengthens national strategic scientific and technological resources with national laboratories, national scientific research and technological development institutions, high-level research universities, and leading technological enterprises as the mainstay, which will play a strategic supporting and leading role and have the effect of major original innovation in key fields and key directions, and serve major strategic needs of the country.
Article 5 The State coordinates the development and security, enhances its capacity to govern science and technology security, improves the system and mechanism for preventing and resolving science and technology security risks, strengthens the security management of scientific and technological research, development and application activities, supports scientific and technological innovation in the field of national security, and improves the capability and level of scientific and technological innovation to support national security.
Article 6 The State encourages the combination of scientific research and technological development with higher education and industrial development, and encourages disciplinary crossed merging and mutual promotion.
The State strengthens the scientific and technological cooperation between different regions, sectors and domains, and assists and supports old revolutionary base areas, ethnic autonomous regions, outlying and less developed areas in their efforts to make progress in science and technology.
The State strengthens the coordinated development of military and civilian science and technology, promotes the mutual exchange and two-way transfer of military and civilian scientific and technological resources and of demands for technological development, in order to develop the technologies for use by both the military and civilian.
Article 7 The State follows the principle of contributing to national goals while encouraging free exploration in scientific and technological activities, makes far-sighted arrangements for major basic research, cutting-edge technology research with major industrial application prospects, and public interest technology (PIT) research, supports the sustained and stable development of basic research, research of cutting-edge technology and PIT research, steps up efforts in original innovation and making breakthroughs in key and core technologies, and accelerates achieving a high level of self-reliance and strengthen in science and technology.
Article 8 The State guarantees the freedom to carry out scientific research and technological development, encourages scientific exploration and technological innovation, and protects the legitimate rights and interests of scientific and technical (S&T) personnel such as the free exploration.
Scientific research and technological development institutions, institutions of higher learning, enterprises, public institutions and citizens have the right to independently select subjects, explore unknown scientific fields, and engage in basic research, research of cutting-edge technology and PIT research.
Article 9 Schools and other educational institutions shall adhere to linking theory with practice, and focus on cultivation of the educated students' ability to think independently, to practice, to innovate and to think critically, as well as their scientific spirits of pursuing truth, advocating innovation and seeking truth from facts.
The State gives play to the important role of institutions of higher learning in scientific and technological research, encourages them to engage in scientific research, technological development and social services, and to cultivate high-level specialist with a sense of social responsibility, innovative spirit and practical ability.
Article 10 S&T personnel are an important workforce for the cause of socialist modernization and shall be respected by the whole society.
The State adheres to the strategic position of talents in leading development, deepens the reform of the talent development systems and mechanisms, cultivates, introduces and makes good use of talents in an all-round manner, creates an environment that conforms to the laws of scientific and technological innovation and of talent growth, and gives full play to the role of talents as the primary resource.
Article 11 The State creates a social environment conducive to scientific and technological innovation, and encourages government agencies, mass groups, enterprises, public institutions, social organizations and citizens to participate in and support activities for progress in science and technology.
The whole society shall respect labor, knowledge, talents, and creativity, and develop a prevailing custom of advocating science.
Article 12 The State develops undertakings for popularization of science and technology, disseminates scientific and technological knowledge, strengthens infrastructure and capacity building for the popularization of science and technology, and raises the scientific and cultural qualities of citizenry, especially youths.
The popularization of science and technology is the common responsibility of the whole society. The State establishes and improves the incentive mechanism for the popularization of science and technology, and encourages scientific research and technological development institutions, institutions of higher learning, enterprises, public institutions, social organizations and S&T personnel to actively participate in and support activities for popularization of science and technology.
Article 13 The State introduces and implements the intellectual property rights (IPRs) strategy, establishes and improves the IPRs system, create the social environment in which IPRs are respected, and protect IPRs, to stimulate independent innovation.
Enterprises, public institutions, social organization and S&T personnel shall enhance their awareness of the importance of IPRs, increase their ability to innovate independently, enlarge their capability to exercise, protect, manage and serve IPRs, and improve the quality of IPRs.
Article 14 The State establishes and improves an evaluation system for science and technology that is conducive to innovation.
The evaluation system for science and technology shall be applied through classified evaluation on the basis of the characteristics of different scientific and technological activities and in adherence to the principles of fairness, impartiality and openness, and be oriented towards the quality, contribution and performance of scientific and technological innovation.
Article 15 The State Council leads the nationwide work on progress of science and technology, formulate medium and long-term plans for scientific and technological development and plans for scientific and technological innovation, and determines the major scientific and technological projects of the country and other major projects closely related to science and technology. The medium and long-term plans for scientific and technological development and plans for scientific and technological innovation shall specify the guidelines, play a strategic leading role, guide and coordinate the layout of scientific and technological development, resource allocation and policy-making.
The people's government at or above the county level shall incorporate the work on scientific and technological progress into the national economic and social development plans, and ensure the balance between scientific and technological progress and economic and social development.
Local people's governments at various levels shall adopt effective measures to strengthen the organization and management of scientific and technological progress, optimize the environment for scientific and technological development, and promote progress of science and technology.
Article 16 The administration department for science and technology under the State Council shall be responsible for the macro-management, overall coordination, service guarantee, and supervision and implementation of the work on scientific and technological progress nationwide; and the relevant departments under the State Council shall, within the scope of their respective duties, be responsible for the work related to scientific and technological progress.
The administration departments for science and technology under the local people's governments at or above the county level shall be responsible for the work on scientific and technological progress within their respective administrative areas; and the relevant departments under the said people's governments shall, within the scope of their respective duties, be responsible for the work related to scientific and technological progress.
Article 17 The State establishes a coordination mechanism for scientific and technological progress, which shall serve the study of major issues in the work for scientific and technological progress, coordinate the establishment of and mutual connection between the planned national scientific and technological projects, and coordinate such important matters as the allocation of scientific and technological resources, the integration of the scientific research and technological development institutions, as well as the combination of scientific research and technological development with higher education and industrial development.
Article 18 May 30 of each year is National Science and Technology Workers Day.
The State establishes and improves a system of rewards in the field of science and technology, and establishes awards such as the highest national science and technology award, providing rewards to organizations and individuals that have made important contributions in promoting scientific and technological progress. The specific measures shall be formulated by the State Council.
The State encourages organizations or individuals inside or outside of China to establish scientific and technological awards, providing rewards to organizations and individuals that have made contributions in activities for progress in science and technology.
Chapter II Basic Research
Article 19 The State enhances the capability of basic research, respects the laws of scientific development and the growth of talents, strengthens the systematic layout of projects, talents and bases, and provides good material conditions and strong institutional support for the development of basic research.
The State strengthens planning and arrangements, promotes the organic combination of free exploration and goal-oriented approach in basic research, with the focus on major and key technical issues, strengthens basic research in emerging and strategic industries, centering around the frontiers of science and technology, economic and social development, major needs of national security, and people's lives and health, to improve the supply capacity of science and technology at the source.
The State encourages scientific research and technological development institutions, institutions of higher learning, enterprises, among others, to use their own advantages, to strengthen basic research, and to promote original innovation.
......
Order of the President of the People's Republic of China No. 103
December 24, 2021
The Law of the People's Republic of China on Progress of Science and Technology, amended and adopted at the 32nd Meeting of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on December 24, 2021, is hereby promulgated and shall take effect on January 1, 2022.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on the Progress of Science and Technology
(Adopted at the 2nd Meeting of the Standing Committee of the Eighth National People's Congress on July 2, 1993, amended for the first time at the 31st Meeting of the Standing Committee of the Tenth National People's Congress on December 29, 2007, and amended for the second time at the 32nd Meeting of the Standing Committee of the Thirteenth National People's Congress on December 24, 2021)
Table of Contents
Chapter I General Provisions
Chapter II Basic Research
Chapter III Applied Research and Transformation of Achievements
Chapter IV Technological Innovation of Enterprises
Chapter V Scientific Research and Technological Development Institutions
Chapter VI Scientific and Technical (S&T) Personnel
Chapter VII Regional Technological Innovation
Chapter VIII International Scientific and Technological Cooperation
Chapter IX Guarantee Measures
Chapter X Supervision and Management
Chapter XI Legal Liability
Chapter XII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution with a view to comprehensively promoting the progress of science and technology, bringing into play the role of science and technology as the primary productivity, of innovation as the primary driving force, and of talents as the primary resource, promoting the transformation of scientific and technologic achievements into practical productivity, advancing economic and social development driven and led by scientific and technological innovation, and building a modern socialist country in an all-round way.
Article 2 China adheres to the overall leadership of the Communist Party of China over the cause of science and technology.
The State upholds the new development concept, maintains scientific and technological innovation as the core position in China's overall modernization, regards scientific and technological self-reliance and self-improvement as the strategic support for national development, implements the strategy of invigorating the country through science and education, the strategy of strengthening the country through talents and the strategy of innovation-driven development, and follows the path of independent innovation with Chinese characteristics, to build a powerful country in science and technology.
Article 3 The work on progress of science and technology shall be oriented towards the frontiers of science and technology worldwide, the main economic arena, the major needs of the country, and the life and health of the people, and shall serve the advancement of economic and social development, the maintenance of national security and the promotion of sustainable human development.
The State encourages scientific research and technological development, promotes the application of science and technology to transform and upgrade traditional industries and the development of high-tech industries and social undertakings, so as to support the achievement of the objectives for carbon dioxide peaking and carbon neutrality, to generate new development momentum and achieve high-quality development.
Article 4 The State improves the efficient, coordinated and open national innovation system, coordinates scientific and technological innovation and institutional innovation, improves the new whole-nation system under the context of socialist market economy, gives full play to the decisive role of the market in allocating innovation resources, leverages the functions of the government, optimizes the allocation of scientific and technological resources, improves the efficiency of resource utilization, promotes the close cooperation among various innovation entities, the orderly flow of innovation elements and the continuous optimization of innovation ecology, enhances the capabilities of systematization and key breakthroughs, and boosters the overall efficiency of the innovation system.
The State builds and strengthens national strategic scientific and technological resources with national laboratories, national scientific research and technological development institutions, high-level research universities, and leading technological enterprises as the mainstay, which will play a strategic supporting and leading role and have the effect of major original innovation in key fields and key directions, and serve major strategic needs of the country.
Article 5 The State coordinates the development and security, enhances its capacity to govern science and technology security, improves the system and mechanism for preventing and resolving science and technology security risks, strengthens the security management of scientific and technological research, development and application activities, supports scientific and technological innovation in the field of national security, and improves the capability and level of scientific and technological innovation to support national security.
Article 6 The State encourages the combination of scientific research and technological development with higher education and industrial development, and encourages disciplinary crossed merging and mutual promotion.
The State strengthens the scientific and technological cooperation between different regions, sectors and domains, and assists and supports old revolutionary base areas, ethnic autonomous regions, outlying and less developed areas in their efforts to make progress in science and technology.
The State strengthens the coordinated development of military and civilian science and technology, promotes the mutual exchange and two-way transfer of military and civilian scientific and technological resources and of demands for technological development, in order to develop the technologies for use by both the military and civilian.
Article 7 The State follows the principle of contributing to national goals while encouraging free exploration in scientific and technological activities, makes far-sighted arrangements for major basic research, cutting-edge technology research with major industrial application prospects, and public interest technology (PIT) research, supports the sustained and stable development of basic research, research of cutting-edge technology and PIT research, steps up efforts in original innovation and making breakthroughs in key and core technologies, and accelerates achieving a high level of self-reliance and strengthen in science and technology.
Article 8 The State guarantees the freedom to carry out scientific research and technological development, encourages scientific exploration and technological innovation, and protects the legitimate rights and interests of scientific and technical (S&T) personnel such as the free exploration.
Scientific research and technological development institutions, institutions of higher learning, enterprises, public institutions and citizens have the right to independently select subjects, explore unknown scientific fields, and engage in basic research, research of cutting-edge technology and PIT research.
Article 9 Schools and other educational institutions shall adhere to linking theory with practice, and focus on cultivation of the educated students' ability to think independently, to practice, to innovate and to think critically, as well as their scientific spirits of pursuing truth, advocating innovation and seeking truth from facts.
The State gives play to the important role of institutions of higher learning in scientific and technological research, encourages them to engage in scientific research, technological development and social services, and to cultivate high-level specialist with a sense of social responsibility, innovative spirit and practical ability.
Article 10 S&T personnel are an important workforce for the cause of socialist modernization and shall be respected by the whole society.
The State adheres to the strategic position of talents in leading development, deepens the reform of the talent development systems and mechanisms, cultivates, introduces and makes good use of talents in an all-round manner, creates an environment that conforms to the laws of scientific and technological innovation and of talent growth, and gives full play to the role of talents as the primary resource.
Article 11 The State creates a social environment conducive to scientific and technological innovation, and encourages government agencies, mass groups, enterprises, public institutions, social organizations and citizens to participate in and support activities for progress in science and technology.
The whole society shall respect labor, knowledge, talents, and creativity, and develop a prevailing custom of advocating science.
Article 12 The State develops undertakings for popularization of science and technology, disseminates scientific and technological knowledge, strengthens infrastructure and capacity building for the popularization of science and technology, and raises the scientific and cultural qualities of citizenry, especially youths.
The popularization of science and technology is the common responsibility of the whole society. The State establishes and improves the incentive mechanism for the popularization of science and technology, and encourages scientific research and technological development institutions, institutions of higher learning, enterprises, public institutions, social organizations and S&T personnel to actively participate in and support activities for popularization of science and technology.
Article 13 The State introduces and implements the intellectual property rights (IPRs) strategy, establishes and improves the IPRs system, create the social environment in which IPRs are respected, and protect IPRs, to stimulate independent innovation.
Enterprises, public institutions, social organization and S&T personnel shall enhance their awareness of the importance of IPRs, increase their ability to innovate independently, enlarge their capability to exercise, protect, manage and serve IPRs, and improve the quality of IPRs.
Article 14 The State establishes and improves an evaluation system for science and technology that is conducive to innovation.
The evaluation system for science and technology shall be applied through classified evaluation on the basis of the characteristics of different scientific and technological activities and in adherence to the principles of fairness, impartiality and openness, and be oriented towards the quality, contribution and performance of scientific and technological innovation.
Article 15 The State Council leads the nationwide work on progress of science and technology, formulate medium and long-term plans for scientific and technological development and plans for scientific and technological innovation, and determines the major scientific and technological projects of the country and other major projects closely related to science and technology. The medium and long-term plans for scientific and technological development and plans for scientific and technological innovation shall specify the guidelines, play a strategic leading role, guide and coordinate the layout of scientific and technological development, resource allocation and policy-making.
The people's government at or above the county level shall incorporate the work on scientific and technological progress into the national economic and social development plans, and ensure the balance between scientific and technological progress and economic and social development.
Local people's governments at various levels shall adopt effective measures to strengthen the organization and management of scientific and technological progress, optimize the environment for scientific and technological development, and promote progress of science and technology.
Article 16 The administration department for science and technology under the State Council shall be responsible for the macro-management, overall coordination, service guarantee, and supervision and implementation of the work on scientific and technological progress nationwide; and the relevant departments under the State Council shall, within the scope of their respective duties, be responsible for the work related to scientific and technological progress.
The administration departments for science and technology under the local people's governments at or above the county level shall be responsible for the work on scientific and technological progress within their respective administrative areas; and the relevant departments under the said people's governments shall, within the scope of their respective duties, be responsible for the work related to scientific and technological progress.
Article 17 The State establishes a coordination mechanism for scientific and technological progress, which shall serve the study of major issues in the work for scientific and technological progress, coordinate the establishment of and mutual connection between the planned national scientific and technological projects, and coordinate such important matters as the allocation of scientific and technological resources, the integration of the scientific research and technological development institutions, as well as the combination of scientific research and technological development with higher education and industrial development.
Article 18 May 30 of each year is National Science and Technology Workers Day.
The State establishes and improves a system of rewards in the field of science and technology, and establishes awards such as the highest national science and technology award, providing rewards to organizations and individuals that have made important contributions in promoting scientific and technological progress. The specific measures shall be formulated by the State Council.
The State encourages organizations or individuals inside or outside of China to establish scientific and technological awards, providing rewards to organizations and individuals that have made contributions in activities for progress in science and technology.
Chapter II Basic Research
Article 19 The State enhances the capability of basic research, respects the laws of scientific development and the growth of talents, strengthens the systematic layout of projects, talents and bases, and provides good material conditions and strong institutional support for the development of basic research.
The State strengthens planning and arrangements, promotes the organic combination of free exploration and goal-oriented approach in basic research, with the focus on major and key technical issues, strengthens basic research in emerging and strategic industries, centering around the frontiers of science and technology, economic and social development, major needs of national security, and people's lives and health, to improve the supply capacity of science and technology at the source.
The State encourages scientific research and technological development institutions, institutions of higher learning, enterprises, among others, to use their own advantages, to strengthen basic research, and to promote original innovation.
......