(2) Horizontal projects refer to cooperative R&D projects reached by both parties in horizontal scientific and technological activities. Horizontal scientific research project source:
1. Projects entrusted by enterprises and institutions;
2. Technology development, technology transfer, technical services and technical consulting projects.
(3) Horizontal scientific and technological work takes technical contract management as the main means.
(4) The signing of contracts for scientific and technological development and horizontal scientific research projects must comply with the People's Republic of China (PRC) Technology Contract Law and the People's Republic of China (PRC) Technology Contract Law Implementation Regulations.
(5) The horizontal scientific research projects of our college are under the centralized responsibility of the Scientific Research Section of the Academic Affairs Office of our college, and the funds are managed by the Finance Department of our college, in accordance with the relevant provisions of the Measures for the Management of Scientific Research Funds of Guangdong Foreign Language Arts Teachers College. Horizontal scientific research projects that have not been filed in the scientific research department and the funds have not been remitted to the account management of the financial department of the college cannot be transformed into scientific research achievements, can not enjoy relevant policies, and can not be used as an effective condition for professional title promotion.
(six) adhere to the principle of capabilities, generally do not undertake projects that have nothing to do with the major and discipline of the unit. (1) The head of the scientific research department, as the entrusted agent of the legal representative of the college, undertakes all affairs of the technical contract of the horizontal project in a unified and centralized manner. If the college holds a contract for post-technical projects, the signing of the contract should be recognized by the scientific research department, otherwise the college will not bear the corresponding civil liability.
(2) All departments (departments) and scientific research institutions in our hospital shall sign technical contracts in written form to undertake horizontal projects and scientific and technological cooperation among various units in our hospital. The project leader and his department (department) are responsible for the rights, obligations and responsibilities related to the contract, and the representatives of both parties sign the contract to show their responsibility. The scientific research department legally recognizes the contract and takes effect after affixing the special seal of the technical contract of the college. If the law stipulates that it should be approved by the higher authorities or both parties agree that it should be witnessed and notarized according to law, it will take effect from the date of approval or witness and notarization.
(3) The technical contract terms of horizontal projects shall be signed in accordance with the technical development (entrustment) contract text of the Ministry of Science and Technology.
(four) when negotiating a technology contract, we should know the credit standing, cooperation content, technical indicators and completion period of both parties.
(5) Procedures for handling horizontal project contracts:
1. The project leader submits the draft technical contract agreed by both parties to the Scientific Research Section for review;
2. The person in charge of the project shall fill in the Approval Form for the Horizontal Science and Technology Project Contract signed by Guangdong Foreign Language Arts Teachers College, together with six printed contracts (except those indicated in the contract), which shall be signed by the department (department) head and submitted to the competent leaders of the research department and the college for examination and approval. After the legal person of our college entrusts the agent (deputy director in charge of scientific research in the Academic Affairs Office), the person in charge of the project and the subordinate unit to sign and seal it, it will be stamped with the "Special Seal for Technical Contract of Guangdong Foreign Language Arts Teachers College";
3. After both parties sign this contract, each party shall hold three copies and multiple copies; The person in charge of the project shall submit the original contract to the scientific research department for numbering and project establishment, and the original contract shall be submitted to the unit for filing.
(six) major scientific research and development contracts and high-risk contracts shall be witnessed by law, notarized or technically insured, and the cost sharing shall be stipulated in the contracts.
(seven) the registration and tax payment of technical contracts for horizontal projects in the technology market shall be handled in accordance with relevant laws and regulations. In case of contract disputes, the project team will bear all the litigation costs of the school.
(8) The signing, signing and financial agency of the technical trade-oriented economic entity run by each department (department) shall be reported to the Scientific Research Department for filing within one week after the signing of the contract, so as to make scientific research statistics, confirm the results and assess the scientific research workload, and shall be submitted to the College within one month after the funds are in place according to 65,438+00% of the total project contract amount.
(nine) departments (departments) and scientific research institutions without independent legal personality in the college have no right to sign technical contracts or agreements with enterprises and institutions. Otherwise, the legal liability and economic losses of invalid contracts shall be borne by the undertaker and his unit, and the college will hold the parties accountable.
(10) The College prohibits individuals from taking advantage of their professional achievements and the equipment conditions of the College to undertake scientific and technological development projects and accept economic benefits. Once the above acts are discovered, in addition to recovering the economic benefits obtained, the directly responsible person will be given disciplinary sanctions such as warning, fine, suspension and even dismissal. Those who violate the law will be handed over to judicial organs for handling.
(eleven) the person in charge of the technical contract of the horizontal project and its subordinate units are responsible for completing the contract, and must organize their efforts to complete it on time according to the contract.
(12) The correspondence between the two parties to the technical contract of the horizontal project cannot be used as the confirmation document of the contract, but only as the attachment of the formal contract. If there is a supplementary agreement signed by both parties, the technical contract as the content of the original contract has the same legal effect. (a) the horizontal project technology contract is legally binding when it comes into effect according to law, and the parties shall fully perform their obligations stipulated in the contract, and neither party may change or terminate it without authorization.
(2) After the technical contract of the horizontal project comes into effect according to law, the project leader should go through the contract text registration formalities in the scientific research department in time, and the scientific research department will distribute the project funds after the funds arrive at the college.
(three) the change and cancellation of the technical contract of the horizontal project shall be submitted by the project leader to the Ministry (department) and the scientific research department for undertaking and handling.
(4) The scientific research department has the function of inspecting and supervising the technical contract of horizontal projects, and assists the person in charge of this department (department) to coordinate and handle contract disputes. (1) After the technical contract project of the horizontal project is completed, the scientific research department and the department (department) shall organize the acceptance of the contract project together with the entrusting party, and the entrusting party shall issue a formal acceptance report to announce the termination of the contract. If the contract is not completed, but both parties agree to terminate the contract, a termination agreement shall be signed as the basis for terminating the contract. The determined horizontal contract project is regarded as the end of the project, and the project ends in the scientific research department.
(2) Within one month after the completion of the project, the project team shall submit the contract, supplementary agreement and other technical documents, letters, summary reports and acceptance reports related to the contract to the Scientific Research Department for the record.
(3) In the horizontal project contract, in principle, the right of authorship, the right to declare the patent right and the right to reward the scientific research achievements of the research institute as the first completion unit shall be reserved. (1) The parties to an invalid contract and their subordinate units shall bear all civil liabilities arising therefrom. The college reserves the right to investigate the responsibility of the parties and their units.
(2) In case of risk compensation in the horizontal project technical contract, the risk and compensation shall be shared according to the interest ratio determined in advance by the college, department (department) and project team, and the expenditure shall be made up from other channels.
(three) due to subjective reasons for breach of contract, the project leader and the project unit shall bear the responsibility. If the contract is violated due to irresistible reasons, the scientific research department and the other party to the contract shall be notified in time, and it shall be handled according to the provisions of the Technical Contract Law.
(4) Disputes arising from the technical contracts of horizontal projects shall be settled through negotiation or mediation by the project team. If negotiation fails, the person in charge of the project shall promptly submit it to the Ministry (department) and the scientific research department for negotiation and settlement, and submit the original records and relevant supporting documents. If the dispute cannot be resolved through settlement, and it is necessary to request the competent government department for arbitration or bring a lawsuit, the application formalities must be handled within the statutory time limit. (1) The Academic Affairs Office of the College shall be responsible for the interpretation of these Measures.
(two) the relevant contents of these measures are in conflict with the relevant laws and regulations, and the relevant laws and regulations shall prevail.
These Measures shall be implemented as of the date of approval and promulgation by the College.