Article 1 In order to vigorously promote the development of private science and technology enterprises and protect the legitimate rights and interests of private science and technology enterprises, these regulations are formulated in accordance with relevant laws and regulations and in combination with the actual conditions of this province. Article 2 The term "private science and technology enterprises" as mentioned in these regulations refers to economic entities that take technological innovation and transformation of scientific and technological achievements as their main business direction, implement self-raised funds, voluntary combinations, independent operations, and are responsible for their own profits and losses in accordance with the law. Article 3 The property ownership of private science and technology enterprises belongs to investors in accordance with the law, and no unit or individual may infringe upon it. Article 4 People's governments at all levels should include private science and technology enterprises into the national economic and social development plans, support and guide the healthy development of private science and technology enterprises. Article 5 Science and technology administrative departments at or above the county level (including autonomous counties, county-level cities, and municipal districts, the same below) shall be responsible for policy guidance, information services and other related management and service work for private science and technology enterprises. Article 6 To apply for recognition of a private science and technology enterprise, in addition to the general conditions for establishing an enterprise in accordance with the law, the following conditions should also be met:
(1) Comply with the national industrial policy and technology policy;
(2) Have scientific and technological personnel, facilities and equipment suitable for its business scope;
(3) Have legal patented technology or non-patented technology, and can independently develop and produce products with certain technical content or Have the ability to independently engage in technical consulting and technical service activities. Article 7 Registration matters such as changes and terminations of private science and technology enterprises, in addition to going through the procedures in accordance with relevant laws and regulations, should also be reported to the original accreditation authority for filing in a timely manner. Article 8 Units and individuals may invest in private technology enterprises with legally owned patents and non-patented technologies. The proportion of equity held by patented and non-patented technologies shall be determined by the parties involved in the investment through negotiation in accordance with relevant regulations. Article 9 State-owned scientific research and development institutions, on the premise of ensuring the rights and interests of state-owned assets, may use state-owned assets to establish or reorganize into private science and technology enterprises upon approval in accordance with the law.
Scientific research and development institutions that are reorganized into private science and technology enterprises can continue to enjoy the country’s preferential policies for scientific research and development institutions. Article 10 People's governments at all levels should support the establishment of various forms of venture capital and guarantee institutions for private science and technology enterprises, and encourage the development of private science and technology venture capital.
The establishment of venture capital and guarantee institutions must be approved in accordance with national regulations. Article 11 Private science and technology enterprises enjoy the same treatment as state-owned enterprises in participating in government procurement and tendering, developing public utilities, related agriculture and poverty alleviation. Article 12 Private science and technology enterprises cooperate with state-owned enterprises and scientific research institutions in applying for government science and technology projects, scientific and technological achievement awards, high-tech enterprise identification, high-tech industry development financial support, securities market recommendation and listing, and the assessment of professional and technical titles of scientific and technological personnel. Enjoy equal treatment. Article 13 For newly established private science and technology enterprises, within two years from the date of establishment, the corporate income tax collected will be returned to the enterprise by the fiscal department at the same level and used for the enterprise's scientific and technological development. Article 14 Scientific and technological personnel who have made significant contributions in private scientific and technological enterprises can be included in the recommendation and selection scope of model workers and experts with outstanding contributions; personnel of private scientific and technological enterprises who have been awarded the title of model workers and experts with outstanding contributions shall enjoy the benefits in accordance with national policies. Regarding treatment. Article 15 Private science and technology enterprises may jointly establish pilot bases, industrial test bases, engineering technology centers, open laboratories and other scientific research and development institutions with universities and scientific research institutions, and enjoy relevant national preferential policies. Article 16 Private science and technology enterprises may reorganize assets or cooperate with state-owned small and medium-sized enterprises, township enterprises and relevant science and technology development institutions through joint ventures, shareholdings, purchases, mergers, etc., and enjoy relevant national preferential policies in accordance with the law. Article 17 Where conditions are met, various forms of private science and technology parks may be established with approval, and the local people's government may formulate relevant incentive policies based on relevant regulations and actual conditions. Article 18 Personnel from private science and technology enterprises who need to go abroad (overseas) for scientific and technological inspections, exchanges, exhibitions and related business activities shall, after review by the science and technology administrative department of the local government, report to the relevant competent authorities, according to the approval procedures for personnel traveling abroad (border) on official business Approval. Article 19 Private science and technology enterprises adopt organizational forms such as sole proprietorship, partnership, joint-stock cooperation, and company based on their investment entities and capital composition.
Qualified private technology enterprises should establish a standardized modern enterprise system.
Article 20 Private science and technology enterprises have the right to refuse various charges, fund-raising and fines that are not in compliance with national and provincial government regulations. Article 21 Private science and technology enterprises should clarify property rights relationships in accordance with relevant national laws and regulations, and establish and improve management systems such as financial accounting, labor and personnel, medical care, unemployment, and pension insurance to protect the legitimate rights and interests of enterprises and employees. Article 22 Science and technology enterprises established by state-owned enterprises, institutions, and social groups that implement private mechanisms shall carry out asset evaluation, property rights definition and registration in accordance with the law to prevent the loss of state-owned assets. Article 23 Private science and technology enterprises must operate in accordance with the law, keep state secrets, and must not damage the rights and interests of state collectives and individuals. Article 24 For those who have obtained the certification qualifications of private science and technology enterprises through fraud and enjoy relevant preferential policies, the original certification authority shall cancel their certification qualifications, and the relevant departments shall cancel the relevant preferential treatment they enjoy and recover the benefits obtained from the preferential treatment. . Article 25 Private science and technology enterprises and their personnel who commit illegal acts during their business activities shall be punished in accordance with relevant laws and regulations; if a crime is constituted, criminal liability shall be pursued in accordance with the law.