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 national 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, statistical investigation and other work of private technology enterprises; Industry and commerce, taxation, finance, human resources and social security, public security, development and reform and other relevant departments shall, in accordance with their respective responsibilities, strengthen their support, guidance and services to private technology enterprises.
Article 5 An enterprise registered by the administrative department for industry and commerce is a private technology enterprise that meets the following conditions:
(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 Private scientific and technological enterprises are encouraged to set up trade associations and other social organizations according to law, and play an active role in serving private scientific and technological enterprises, safeguarding rights, coordination and self-discipline.
The registration management of social organizations at or above the county level, science and technology administration and other departments shall give necessary guidance and support to social organizations established by private science and technology enterprises in the region.
Article 7 When a private technology enterprise is merged, divided, changed, transformed or terminated, it shall go through the corresponding formalities with the relevant departments of industry and commerce, taxation and so on.
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 human resources and social security departments shall, in accordance with the relevant provisions, provide social insurance, professional and technical post qualification assessment and other services for all kinds of scientific and technical personnel and managers employed by private technology enterprises.
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.
Seventeenth private scientific and technological enterprises and their scientific and technological personnel have made outstanding contributions in scientific research and development, technological innovation or achieved remarkable economic and social benefits, and the relevant government departments shall commend and reward them.
Eighteenth private technology enterprises enjoy the same treatment as other enterprises in the following aspects:
(a) to apply for or undertake scientific research and technology development projects, scientific and technological achievements appraisal, achievement awards, professional and technical post qualification assessment;
(2) Technology transfer, technology development, technical consultation and technical services;
(three) new product development, pilot, high-tech enterprises and high-tech products identification;
(4) Other scientific research, production and business activities.
Nineteenth private technology enterprises are recognized as high-tech enterprises and enjoy preferential treatment for high-tech enterprises.
Article 20 The research and development expenses incurred by private scientific and technological enterprises for developing new technologies, new products and new processes may be added and deducted when calculating taxable income in accordance with state regulations.
Article 21 The government supports relevant units and enterprises to set up loan guarantee companies and venture capital companies for private technology enterprises.
Financial institutions should support the development of private technology enterprises in accordance with the national credit policy.
Article 22 Large private technology enterprise groups with large scale, high technology content and good management quality can enjoy the treatment of key enterprise groups with the approval of the provincial or municipal government.
Twenty-third private technology enterprises to buy, lease, contract and merge other enterprises, enjoy the corresponding preferential provisions.
Twenty-fourth countries have new provisions on preferential treatment for private technology enterprises, in accordance with the new provisions of the state.
Twenty-fifth private technology enterprises should straighten out the property rights relationship. In the definition of property rights, it is necessary to clarify the ownership of property rights in accordance with relevant state regulations.
In the process of enterprise restructuring, the technical reward income and personal dividends that belong to scientific and technical personnel for investment can be converted into shares according to law or divided according to the investment proportion.
Twenty-sixth units and individuals legally owned patents, proprietary technology and other intangible assets, after the evaluation of registered evaluation agencies, can invest in private technology enterprises at a fixed price.
Twenty-seventh qualified private technology enterprises can apply for issuing bonds or stocks according to law.
Article 28 The relevant departments of local people's governments at all levels shall improve the corresponding regulations on employment, personnel management and social security of private technology enterprises.
Twenty-ninth relevant government departments should reduce links, simplify procedures, and effectively provide high-quality and efficient services for private technology enterprises.
If the administrative organ and its staff violate the relevant provisions, discriminate against private technology enterprises and deliberately delay their work, private technology enterprises may complain to the relevant government departments.
Thirtieth private technology enterprises and their relevant personnel in violation of the provisions of article ninth of these regulations, shall be dealt with by the relevant administrative departments in accordance with the provisions of relevant laws and regulations.
Thirty-first units and individuals that have one of the following acts shall bear administrative liability or civil liability according to law; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated by judicial organs according to law:
(a) infringement of intellectual property rights of private technology enterprises;
(2) Embezzling the property of private technology enterprises;
(three) to charge, apportion and fine private technology enterprises.
Article 32 Any functionary of a state organ who, in violation of the provisions of these Regulations, abuses his power, neglects his duty, engages in malpractices for selfish ends, and infringes upon the legitimate rights and interests of private technology enterprises shall be given administrative sanctions by his unit or the competent department at a higher level; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-third private science and technology enterprises are dissatisfied with the specific administrative acts of the relevant administrative departments and their staff, and may apply for administrative reconsideration or bring an administrative lawsuit according to law.