Regulations of Jiangsu Province on the Development of Private Sci-tech Enterprises

Article 1 In order to promote the development of private scientific and technological enterprises, safeguard their legitimate rights and interests, and standardize their business practices, these Regulations are formulated in accordance with relevant laws and regulations and combined with the actual situation of this province. Article 2 The legitimate rights and interests of private technology enterprises are protected by laws and regulations. Article 3 Local people's governments at all levels shall incorporate private scientific and technological enterprises into the national economic and social development plan, and encourage, support and guide the healthy development of private scientific and technological enterprises. Fourth administrative departments of science and technology at or above the county level shall be responsible for the policy guidance and qualification identification of private technology enterprises; Industry and commerce, taxation, finance, labor, personnel, public security, planned economy and other relevant departments, in accordance with their respective responsibilities, strengthen support, guidance and services to private technology enterprises. Article 5 An enterprise registered by the administrative department for industry and commerce that meets the following conditions may be recognized as a private technology enterprise by the local administrative department for science and technology at or above the county level after consulting the financial and tax departments:

(a) by citizens, legal persons or other organizations to raise funds, voluntary combination, independent operation, self financing;

(two) in line with the national industrial policy and technical policy and its development direction, mainly engaged in technology development, technology transfer, technical consulting, technical services and new product research, development, production and operation;

(three) more than twenty percent of the employees are scientific and technological personnel;

(4) having a patent or proprietary technology;

(five) the technical income and sales income of the industrialized products of scientific and technological achievements account for more than 50% of the total annual operating income, or the technical income accounts for more than 20% of the total annual operating income;

(6) R&D expenditure accounts for more than 2% of the total annual operating income. Article 6 The administrative department of science and technology shall conduct annual statistics and qualification examination of private technology enterprises. If it is found that it does not meet the requirements after review, its qualification as a private technology enterprise shall be cancelled. Article 7 When a private technology enterprise is merged, changed, restructured or terminated, it shall go through the corresponding formalities with the relevant departments of industry and commerce, taxation and so on. The original registration, and report to the administrative department of science and technology for the record.

When a private science and technology enterprise is divided, it shall go through the corresponding registration formalities with the relevant departments of industry and commerce, taxation and so on, and go through the re-identification formalities with the administrative department of science and technology. Article 8 Private scientific and technological enterprises shall enjoy the following rights according to law:

(a) the autonomy of investment decision-making, production and operation, labor and employment, personnel management, benefit distribution and other aspects;

(two) the right to undertake national, provincial and municipal science and technology projects;

(3) The right to participate in international economic and technological cooperation and exchanges, apply for import and export operation rights, invest abroad or set up branches and sales outlets in accordance with relevant state regulations;

(four) the right to join private science and technology enterprise associations, trade associations, federations of industry and commerce and other mass organizations;

(five) to refuse all kinds of apportionment and illegal charges by any unit or department;

(six) enjoy various preferential treatments in accordance with the relevant provisions of the state;

(seven) other rights stipulated by laws and regulations. Article 9 Private scientific and technological enterprises shall perform the following obligations:

(1) Abide by national laws, regulations and relevant policies;

(2) Operating according to law and paying taxes according to regulations;

(three) to keep state secrets and obey and safeguard national interests;

(four) to ensure the quality of products and services, and to be responsible for users and consumers;

(five) establish and improve the financial, personnel, labor, environmental protection, safety, health and other systems;

(six) accept the guidance, supervision and management of the relevant government departments, and truthfully provide financial and business information and relevant statistical statements to the administrative departments of science and technology, industry and commerce, taxation and other administrative departments within the prescribed time limit;

(seven) to sign labor contracts with employees according to law, and to handle various social insurances such as pension, unemployment, medical care, work injury and maternity for employees in accordance with relevant regulations;

(eight) support workers to organize trade unions according to law, ensure that trade unions carry out activities according to law, and safeguard the legitimate rights and interests of workers. Article 10 The intellectual property rights of private technology enterprises are protected by law, and no unit or individual may infringe upon them.

Private scientific and technological enterprises shall not infringe upon the intellectual property rights of others. Eleventh to encourage and support state-owned enterprises, scientific research institutes, institutions of higher learning and their scientific and technological personnel to use their own patents, proprietary technology and other scientific and technological achievements to establish private scientific and technological enterprises according to law. Twelfth overseas students who set up or work in private technology enterprises in this province shall enjoy preferential treatment in accordance with relevant regulations. Article 13 On-the-job scientific and technological personnel of state-owned enterprises, scientific research institutes and institutions of higher learning may, with the approval of their units, work in private scientific and technological enterprises or work part-time in private scientific and technological enterprises to obtain reasonable remuneration on the premise of ensuring the completion of their own jobs and not infringing on their technical rights and economic interests. Fourteenth of all kinds of scientific and technical personnel and management personnel employed by private scientific and technological enterprises, the labor and personnel department shall provide services in social insurance, professional and technical post qualification evaluation and other aspects in accordance with the relevant provisions. Fifteenth scientific and technical personnel and management personnel working in private technology enterprises can calculate the length of service. Sixteenth scientific and technological personnel in private scientific and technological enterprises can participate in the income distribution with their intellectual achievements according to law.