The scientific and technological consulting institutions shall carry out their work objectively and fairly, and the consultation conclusions shall not be interfered and constrained by other units or individuals.
Scientific and technological consultants should respect science, seek truth from facts, and must not resort to deceit or harm the interests of the state and society. Article 5 Consultation, demonstration and decision-making shall be independent of each other. Institutions and personnel engaged in scientific and technological consulting shall not participate in the demonstration or decision-making of scientific and technological consulting projects. Article 6 The competent department of science and technology consultation in this Municipality is the Shanghai Municipal Science and Technology Commission (hereinafter referred to as the Municipal Science and Technology Commission). Chapter II Institutions and Personnel Article 7 Scientific advisory bodies are divided into two categories:
(1) An independent scientific and technological consulting institution in the nature of an enterprise or institution.
(2) Non-independent scientific and technological consulting institutions affiliated to scientific research institutes, design institutes, universities, factories and other enterprises and institutions.
An independent scientific and technological consulting institution refers to a legal person who has a certain organization, independent property or independent budget, can carry out scientific and technological consulting activities in its own name, and enjoys rights and obligations.
Non-independent scientific and technological consulting institutions refer to a department affiliated to enterprises and institutions, which has a certain organizational structure and independent internal financial settlement, but does not have legal person status. External units with legal personality must come forward to sign contracts, carry out scientific and technological consulting activities, enjoy rights and assume obligations. Article 8 To apply for the establishment of a scientific and technological advisory body, the following documents must be submitted to the higher authorities:
(a) the application report and articles of association, explaining the purpose, service scope, organization nature, personnel status, operation and management, fees and income distribution of scientific and technological consultation;
(two) the registration form of scientific and technological consulting institutions (uniformly printed by the Municipal Science and Technology Commission).
After the approval of the competent department for preliminary examination, it shall submit the preliminary examination opinions and the above documents in triplicate to the Municipal Science and Technology Commission for examination and approval. After being approved by the Municipal Science and Technology Commission, a certificate of scientific and technological consultation will be issued.
An independent enterprise-oriented scientific and technological consulting institution shall apply for industrial and commercial registration with the local district or county administrative department for industry and commerce on the strength of its scientific and technological consulting certificate, and only after obtaining a business license can it carry out scientific and technological consulting business.
The establishment of independent scientific and technological consulting institutions jointly with local institutions shall be reported to the Municipal Science and Technology Commission for approval by the competent department after obtaining the consent of the Shanghai Municipal Organization Committee. Article 9 The establishment of a scientific and technological advisory body must meet the following conditions:
(a) there are at least five full-time scientific and technological consultants with intermediate or above titles, such as assistant researchers, engineers, lecturers or economists, whose majors must adapt to the scope of scientific and technological consulting business.
(2) Having a fixed workplace.
(3) Having certain means of calculation, testing, analysis and experiment, or having fixed auxiliary units for calculation, testing, analysis and experiment.
(four) there are special, contract, financial management personnel.
Non-independent scientific and technological consulting institutions affiliated to mass organizations engaged in amateur scientific and technological consulting should have at least five fixed part-time scientific and technological consultants with intermediate or above titles, and their majors should be adapted to the business scope of scientific and technological consulting. Article 10 The alteration, closure and dissolution of scientific and technological consulting institutions shall be subject to the preliminary approval of the superior competent department, and go through the formalities of alteration, closure and dissolution at the Municipal Science and Technology Commission and the administrative department for industry and commerce that originally approved and registered. Eleventh scientific and technological consulting institutions can hire other units or retired scientific and technological personnel as part-time scientific and technological consultants.
If a part-time scientific and technological consultant needs to occupy working hours or use the instruments, equipment, equipment, drawings and undisclosed technical data of his own unit, he must obtain the consent of his own unit, and the scientific and technological consulting institution shall sign an agreement with his own unit and pay the fees. Twelfth scientific and technical personnel in the completion of their own work (plan and quota) under the premise of not infringing on the technical rights and economic rights and interests of the unit, can participate in scientific and technological consulting work (including part-time), but the on-the-job workers need to file with the unit. Chapter III Business Scope and Procedures Article 13 The business scope of scientific and technological consultation is as follows:
(a) for the development planning of regions and departments, macro-strategic decision-making for the coordinated development of science and technology, economy and society, comprehensive development and utilization of resources, as well as environmental protection, municipal administration, transportation and other aspects of feasibility study and technical and economic demonstration;
(two) to conduct feasibility study or provide consultation on scientific research and development, engineering construction, technological transformation, technology introduction and equipment import projects;
(three) to provide advice for the technical research of production units and the development and application of new technologies, new products, new materials, new processes, new equipment and new processes;
(four) to provide scientific and technological advice for enterprises to improve management, improve enterprise quality and economic benefits;
(5) Providing technical and economic information or making technical and economic predictions for relevant departments, regions, factories and mines;
(six) other consulting services related to science and technology.