Chapter V Scientists and Technicians

Article 48 Scientists and technicians constitute an important force in the socialist modernization drive. The State shall take various measures to raise the social status of scientists and technicians, and through various channels, provide training to people so that they become specialists in science and technology and create advantageous environment and conditions for scientists and technicians to play their role fully.

Article 49 People’s governments at various levels and enterprises and institutions shall take measures to increase the salaries and welfare benefits of scientists and technicians; and they shall give substantial material benefits to the scientists and technicians who have made outstanding contributions.

Article 50 People’s governments at various levels and enterprises and institutions shall guarantee the right of scientists and technicians to continued education, and create the environment and conditions for their rational flow, in order to give play to their specialized skills.

Article 51 Scientists and technicians may, based on their academic ability and professional competence and in accordance with law, select their own workplaces, compete for appropriate jobs and obtain the appropriate positions or professional titles.

Article 52 With respect to the scientists and technicians who work in arduous and outlying areas or under adverse and dangerous circumstances, the units which they belong to shall, in accordance with the relevant regulations of the State, give subsidies to them and provide them with the occupational protection and health care commensurate with the conditions of their posts and workplaces.

Article 53 Young scientists and technicians, scientists and technicians from among ethnic groups and female scientists and technicians, among others, shall enjoy equal rights in competition for specialized technical posts, and participation in scientific and technological appraisal, undertaking of scientific research and technological development projects, receiving continued education, etc.

Finding, training and employing young scientists and technicians constitute an important part of appraisal of progress of science and technology.

Article 54 The State shall encourage scientists and technicians working abroad to come back and engage in scientific research and technological development. Scientific research and technological development institutions set up with government funds and institutions of higher education that recruit outstanding scientists and technicians who work abroad to come back and engage in scientific research and technological development shall provide conveniences for their work and everyday life.

Outstanding scientists and technicians of other countries who come to China to engage in scientific research and technological development may, in accordance with the relevant regulations of the State, enjoy priority in obtaining the right to permanent residence in China according to law.

Article 55 Scientists and technicians shall carry forward scientific spirits, observe academic norms, abide by professional ethics, and be honest and trustworthy; and they shall not practice fraud in scientific and technological activities, or participate in or support superstition.

Article 56 The State shall encourage scientists and technicians to carry out free exploration and dare to assume risks. Where original records prove that, although the scientists and technicians undertaking the scientific research and technological development projects, which are highly exploratory and risky, have performed their duty diligently and conscientiously, they still cannot accomplish such research and development, they shall be excused.

Article 57 Administration authorities for projects covered by the scientific and technological fund set up with government funds and projects covered by scientific and technological plans shall establish academic integrity files for the scientists and technicians involved in the projects, which shall serve as the basis for appointing scientists and technicians to specialized technical posts or conferring on them academic titles, or for examination and granting their applications for scientific research and technological development projects.

Article 58 Scientists and technicians shall have the right to establish or join public scientific and technological organizations according to law.

Scientific and technological associations and other public scientific and technological organizations shall, in accordance with their articles of association, play their role in promoting academic exchange, expanding the fields of study, extending popularization of science and technology, training for specialists, providing advisory services, enhancing self-discipline of scientists and technicians, safeguarding the legitimate rights and interests of scientists and technicians, etc.

The legitimate rights and interests of scientific and technological associations and other public scientific and technological organizations are protected by law.

Chapter VI Guarantee Measures

Article 59 The State shall gradually increase the total input in funds for scientific and technological endeavors; and the rate of increase of government funds earmarked for such endeavors shall be larger than that of the regular government revenues. The funds of the entire society for scientific research and technological development shall constitute an appropriate percentage of the gross domestic product and shall gradually be increased.

Article 60 Government funds for science and technology shall mainly be used for input in the following endeavors:

(1) creation of basic conditions and building of facilities for science and technology;

(2) basic research;

(3) research of frontier technologies, of technologies for public welfare and of major key technologies of a general character, which plays a strategic, basic and forward-looking role in economic and social development;

(4) application of major key technologies of a general character and demonstration of application of high and new technologies in production;

(5) research and development of new agricultural strains and technologies and application and popularization of agricultural scientific and technological advances; and

(6) popularization of science and technology.

The State shall offer support to the scientific research and technological development institutions established with government funds in terms of funds, laboratory facilities, etc.

Article 61 Auditing authorities and financial departments shall, according to law, conduct supervision over and inspection of the management and use of government funds earmarked for scientific and technological endeavors.

No organizations or individuals shall make fraudulent applications or claims for, embezzle, misappropriate or withhold government funds earmarked for scientific and technological endeavors.

Article 62 Projects which are covered by the scientific and technological fund established with government funds shall be decided on in adherence to the principles of macro-guidance, independent application, equal competition, peer appraisal and support for the best; and undertakers of the said projects shall, in accordance with the relevant regulations of the State, be determined on a selective basis.

Administration authorities for projects covered by the scientific and technological fund established with government funds or by scientific and technological plans shall set up appraisal think tanks, and establish and improve the expert appraisal system for projects covered by the scientific and technological fund or by scientific and technological plans and the selection, challenge and accountability system for appraisal experts.

Article 63 The State shall, in accordance with the principle of overall planning and optimized allocation of resources, reorganize and set up national research and experiment bases for science and technology.

The State encourages the establishment of units in the service of comprehensive scientific and technological experiments, which shall provide, or entrust another unit to provide, such services to scientific research and technological development institutions, institutions of higher education, and enterprises, as well as to scientists and technicians.

Article 64 The State shall, in light of the need for progress of science and technology, make plans for the purchase of large scientific instruments and equipment in adherence to the principles of overall planning, emphasizing of common sharing, optimized allocation of resources, comprehensive integration, leading by the government and concerted efforts made by all entities concerned, and shall conduct joint appraisal of the large scientific instruments and equipment purchased mainly with government funds.

Article 65 Scientific and technological administration department under the State Council shall, together with the relevant departments in charge under the Same, set up a system of information about such scientific and technological resources as scientific and technological research bases, scientific instruments and equipment, scientific and technological documents, data and natural resources, and resources for scientific and technological popularization, and shall make known to the public the distribution and use of scientific and technological resources in a timely manner.

Administration units for scientific and technological resources shall make known to the public the system for common use of the scientific and technological resources under their administration as well as how such resources are used, and shall arrange for their use in accordance with the said system; however, where laws or administrative regulations provided that such resources should be kept confidential, the relevant provisions there shall prevail.

The administration units for scientific and technological resources shall not infringe upon the intellectual property rights of the users of scientific and technological resources, and shall fix the rates of the fees in accordance with the relevant regulations of the State. The other rights and obligations of the administration units and users shall be agreed upon by both parties.

Article 66 The State encourages organizations or individuals at home or abroad to donate their property or set up scientific and technological fund in support of scientific research and technological development and scientific and technological popularization.

Chapter VII

Legal Liability

Article 67 Where an entity, in violation of the provisions of this Law, makes a fraudulent application or claim for, embezzles, misappropriates or withholds governments funds earmarked for scientific and technological progress, it shall be ordered to make rectification in accordance with the provisions on punishments and sanctions against violations of financial laws, the government funds involved and the illegal gains shall be recovered, and it shall be given an administrative sanction according to law; and the leading person directly in charge and the other persons directly responsible shall be given sanctions according to law.

Article 68 Where an entity that, in violation of the provisions of this Law, fails to perform the obligation of putting to common use such scientific and technological resources as large scientific instruments and equipment after its purchase of such instruments and equipment with government funds and State-owned capital, the relevant department in charge shall order it to make rectification and shall give sanctions to the leading person directly in charge and the other persons directly responsible according to law.

Article 69 Where an entity, in violation of the provisions of this Law, restricts or suppresses scientific research and technological development, by abusing its power, the leading person directly in charge and the other persons directly responsible shall be given sanctions according to law.

Article 70 Where a scientists or technician, in violation of the provisions of this Law, copies or plagiarizes another person’s scientific and technological results, or practices fraud in scientific and technological activities, the unit which he belongs to or the competent department of the unit shall order him to make rectification and shall, according to law, give sanctions to the leading person directly in charge and the other persons directly responsible; the government funds earmarked for scientific and technological progress he has obtained and his illegal gains, if any, shall be recovered by the relevant competent department; and if the circumstances are serious, the said unit or department shall make known to the public the violations committed by the scientist or technician and shall, within a certain period of time, prohibit him form applying for any project covered by the national scientific and technological fund or by national scientific and technological plans.

Article 71 Where a person, in violation of the provisions of this Law, gets a national scientific national scientific and technological award by fraudulent means, the department in charge shall revoke such award according to law, recover the money award, and give him a sanction according to law.

Where a recommending unit or individual, in violation of the provisions of this Law, provides false data or materials to assist another person in getting a national scientific and technological award by fraudulent means, the department in charge shall criticize it or him in a circular; and if the circumstances are serious, its qualification for recommendation shall be suspended or revoked, and it shall be given a sanction according to law.

Article 72 Where, in violation of provisions of this Law, an administration department for science and technology, or a relevant department, or its staff member abuses its or his power, neglects its or his duties, or engages in malpractices for private gain, the leading person directly in charge of the department and the other persons directly responsible shall be given sanctions according to law.

Article 73 Where administrative penalties are stipulated by the provisions of other laws or regulations for violations of the provisions of this Law, the provisions there shall prevail; where losses of property or other damages are caused, civil liability shall be borne according to law, and if a crime is constituted, criminal liability shall be investigated for according to law.

Chapter VIII

Supplementary Provisions

Article 74 Regulations on other matters related to science and technology of national defense shall be formulated by the State Council and the Central Military Commission. Article 75 This Law shall go into effect as of July 1, 2008.

The English translation is for reference only and if there is any discrepancy, the Chinese version shall prevail.