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Dalian Municipality's Regulations on Technical
Market
(Passed on June 27, 1996 at the 26th session of the Standing Committee
of Dalian Municipal 11th People's Congress and ratified on July 28, 1996
on the 22nd session of the Standing Committee of Liaoning Provincial 8th
People's Congress)
Chapter One General
Clause One: The present regulations are made in accordance with ˇ¶The
Law of Progress in Science and Technology of the People's Republic of
China ˇ·,ˇ¶Law of Technical Contract of The People's Republic of China ˇ·and
other related laws,rules and regulations in combination of the city's
practical conditions, in order to speed up transformation of sci-tech
achievements, promote the healthy development of technical market and
protect the legal rights and interests of litigants in technical trade.
Clause Two: The present regulations are applicable to citizens, legal
persons and other organizations that conduct technical trade and service
thereof within the city's administrative region.
Technical trade includes technical development, technical transfer, technical
consultation, technical service and other tech-related activities.
Technical trade service includes service for tech-trade places, brokerage
service for tech trade, consultation service for tech trade, tech assessment
service and tech information service,etc.
Clause Three: All technologies and tech information that are beneficial
for economic construction, social development and technical progress,
can enter technical market.
Technical trade is free from restriction on regions, professions, subordinate
relations, nature of economy and professional range.
Clause Four: Dalian Municipal Science and Technology Commission is the
department solely in charge of the technical market within the city's
administrative region. The Dalian Municipal Technical Market Administrative
Office under it is concretely responsible for the routine management of
the technical market.
The sci-tech administrative departments of the people's governments at
all counties (county-level cities), districts, Dalian Economic and Technical
Development Zone, High-and-New Tech Industrialization Park and Jinshitan
Resort Administrative Commission are responsible for the management of
tech market in their own regions. Any of them who is authorized, can engage
in confirmation and registration of technical contract.
Such departments as industry and commerce administration, technical supervision,
finance, taxation, pricing and auditing, shall do a good job jointly in
management of technical market according to their own duties.
Chapter Two Technical Trade
Clause Five: Technical trade activities shall abide by laws,rules and
the present regulations and shall not be allowed to impair the public
interests of the country and society. Technical trade is to conduct among
litigants of tech trade in a principle of self-willingness, equality,
mutual benefit with compensation, creditability and unanimous discussion.
Claus Six: Technical trade activities can be carried out in such forms
as technology fair, bidding conference, business talks, info release,
sci-tech market place, normal tech market, tech contract, tech share buying,
technology introduction, organizing link-up of sci-tech research with
production, technology auction and other forms. Planned sci-tech projects
at all levels can enter tech market for open bidding which shall be conducted
in principle of equality, optimalized selection and fairness.
Clause Seven: Departments and individuals who provide technical commodity
goods to tech market, sja;; bear responsibility for the legality, reliability
and authenticity of the technology they provided.
Litigant who knows clearly, or should know that the other party possesses
illegally other's technology but still conducts tech trade with him(or
her), is deemed to infringe the right and interests of the other's technology.
Clause Eight: Contract in written form shall be made for technical trade
in a standard, unified technical contract copy. When technical contract
is made, the seller of mediate of tech trade applies for confirmation
and registration to the municipal technical contract registration organ,
or technical contract registration organ entrusted by the municipal sci-tech
administrative department. One contract shall not be allowed to register
repeatedly. Technical contract registration organ shall check up the tech
contract that applies for confirmation and registration within seven(7)
days or thirty(30) days at most from date of receiving the application
for confirmation and registration of the tech contract, in accordance
with related stipulations of the country. The technical contract complying
with conditions for confirmation and registration shall be registered
and those not complying shall not be registered. Litigant having question
as to the technical contract that fails to be registered, can apply for
re-check-up to the municipal sci-tech administrative department within
fifteen(15) days from receiving notice.
The making, execution, amendment, dismissal and settlement of dispute
of technical contract shall be conducted according to ˇ¶Law of Technical
Contract of the People's Republic of Chinaˇ· and other laws, rules, regulations
and stipulations.
Clause Nine: It is up to the litigants to discuss and determine the price,
utilization expense or commission of tech trade projects; or they can
be determined by discussion among litigants after assessment as intangible
assets.
Legal holder of technology can price it and buy share with it from the
other party of technical trade.
Claus Ten: Advertisement of technical commodity must comply with related
stipulations, rules and regulations. Holder of technical project, who
authorizes somebody else to design, make and issue advertisement, must
be identical with related technical document , technical attest certificate
and other verifications. Broker and distebutor of advertisement are not
allowed to design, make, work of behalf of and distribute advertisement
of technical commodity whose content is unreal and that is incomplete
of certifying document.
Clause Eleven: The following activities are for bidden in technical trade
activities:
1. Those that infringe other's intelligent property right and technical
right and interests;
2. Those that grab other's technical secret;
3. Those that pass off as patented technology;
4. Those that make false advertisement and propaganda;
5. Those that gang up to invite bid and enter bid;
6. Those that sign technical contract by means of deception of coercion;
7. Those that are banned by national laws, rules and regulations.
Chapter Three Service for Technical Trade
Clause Twelve: Those engaged in activity of technical trade service shall
follow the principle of justice, openness, fairness and objectiveness,
authenticity and advocating science.
Clause Thirteen: The following conditions are required to possess by organs
for technical trade service that are set up for the purpose to promote
commercialization of sci-tech fruit and specially provide technical trade
with site, brokerage, consultation, assessment, information and other
activities:
1. To have organizational constitution and service standard;
2. To have professional technicians and managerial persons appropriate
to service scope and scale;
3. To have fixed ;lace and necessary funds and facilities;
4. To have other necessary conditions specified by law and regulations.
Clause Fourteen: Application for confirmation of business qualification
shall be submitted to the municipal sci-tech administrative department,
by those who are to set up organs for technical trade service. The municipal
Sci-tech administrative department shall make decision and notice litigant
on date or within thirty (30) days at most from date of receiving application,
and issue qualification certificate to the confirmed. Those that have
not been determined within time limit, are deemed to be confirmed. Litigant
who obtains qualification certificate, shall register and charter in industry
and commerce administrative department as specified in the notions related
stipulations.
Clause Fifteen: Broker who serves intermediately between the demander
and supplier with technical information, shall handle related formalities
in reference to stipulation specified in Clause Fourteen.
Chapter Four To Promote Development of Technical Market
Clause Sixteen: People's governments at all levels and department concerned
shall strengthen cultivation and management of and giving instruction
to technical market, and encourage qualified departments and individuals
to set up standing technical market in multiple forms.
Clause Seventeen: Organized by both institutions and enterprises, technicians
who are engaged in activities of technical development, technical transfer,
technical consultation and technical service (referred to as 4 Tech's
hereafter) in a collective way in work hours, may extract 25%-50% commission
of the net income from the confirmed and registered. Under a prerequisite
that technician has done his (or her) job on post and conducts 4 Tech's
that do not infringe the economic and technical right and interests of
his (or her) unit, all income shall be owned by the technician. The unit
where the technician serves, shall collect appropriate expense for its
data, material and equipment the technician made use. Technician engaged
in above said 4 Tech's, shall pay tax according to law.
Clause Eighteen: The technical contracts signed by technical development
organs in state-owned large-and medium-sized enterprises, may enjoy the
favourable policy for technical market enjoyed by independent sci-tech
research organs if their contracts have been confirmed and registered
and ratified by financial and taxation departments.
Clause Nineteen: For less than 30,000yuan RMB of net technical income
earned by civil sci-tech enterprise in 4 Tech's, enterprise income tax
can be exempted for the time being if examined and ratified by financial
and local taxation departments; for the part over 30,000yuan RMB enterprise
income tax shall be paid according to law.
Their income from technical transfer is exempted from business tax if
examined and ratified by financial and local taxation departments. Related
taxation policies by the nation, province and municipality shall be executed
to other organizations that are engaged in 4 Tech's.
Clause Twenty: The technical export contracts of institutions and enterprises
shall be examined and ratified or kept on file by the Municipal Economic
and Trade Commission. Income from their technical export contracts may
by exempted from business tax if ratified by financial and local taxation
departments; their income tax is executed according to related stipulation.
Commission policy can be enjoyed as specified in Clause seventeen in the
present regulations if confirmed by the municipal sci-tech administrative
department.
Clause Twenty-one: Institutions and enterprises that signed technical
contracts for introduction and application sci-tech achievements, if confirmed
and registered, may extract once-for-all 3%-5% of net annual income from
implementation of the technology to reward personnel concerned who have
performed remarkably in implementation of the technology.
Clause Twenty-two: Units and individuals who have carried out the present
regulations conscientiously, and have performed remarkably in work of
technical market, are to be cited and rewarded by the people's governments
at all levels or sci-tech administrative departments.
Chapter Five Rules For Penalty
Clause Twenty-three: Those who violated the present regulation, shall
be warned, ordered to correct in limited period, or confiscated income
earned illegally by the municipal sci-tech administrative department.
Fine is imposed for one of the following behaviors apart from above said
measures:
1. over 500yuan and less than 2000yuan fine is to be imposed to those
who have not confirmed and registered their technical contract as specified,
or forged and defrauded registration certificate for technical contract.
2. Over 500yuan and less than 5000yuan fine is imposed to those who set
up technical trade service organs without qualification confirmation,
of are engaged in technical trade certificate for technical trade service
organs.
Clause Twenty-four: The municipal sci-tech administrative department shall
dismiss the qualification for technical trade service of those who seriously
violated the present regulations, harassed the order of technical trade
market.
Clause Twenty-five: Those who violated stipulations in Clause Ten, designed,
made, acted on behalf of and distributed advertisements of technical merchandises,
whose contents are not real and certifying documents are not complete,
shall be punished by industry and commerce administrative department.
Clause Twenty-six: Those who violated the stipulation in Clause Eleven,
shall be punished by related department in charge;
Criminal responsibility shall be investigated and affixed by judicial
organ according to law to those who committed crime.
Clause Twenty-seven: An administrative penalty decision shall be issued
according to legal proceedings by the administrative organ if it is going
to impose an administrative penalty. For a fine penalty, a fine receipt
made and issued unifiedly by financial department, shall be used. All
fine and the illegal earaing confiscated shall be submitted to financial
department.
Clause Twenty-eight: Litigant enjoys the rights to appeal and defend for
the administrative organ; those who refuse to accept the administrative
penalty, have the right to apply for administrative reconsideration, of
take legal proceedings.
Litigant impaired due to administrative penalty because of breach, given
by administrative organ, has the right to claim compensation.
Clause Twenty-nine: Staff members of administrative organ, or managerial
persons of technical contract registration organ, who neglected their
duties, abused their power, or engaged in fraud for selfish end, shall
be punished by departments where they work, or their superior departments;
For serious case that constitutes crime, criminal responsibility shall
be investigated and affixed by judicial organ.
Chapter Six Appendix
Clause Thirty: Dalian Municipal People's Government will make individual
management methods according the present regulations.
Clause Thirty-one: Dalian Municipal People's Government is responsible
to interpret concrete problems in application of the present regulation.
Clause Thirty-two: The present regulations is to be executed on August
30,1996.
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