The first article is to implement the "Decision of the Central Committee of the Communist Party of China and the State Council on Strengthening Technological Innovation, Development of High Technology and Realization of Industrialization" (Zhongfa (1999) No. 14) and "Decision of the General Office of the State Council forwarded by the Ministry of Science and Technology In the spirit of the Notice of Several Provisions on Promoting the Transformation of Scientific and Technological Achievements by other departments (Guobanfa (1999) No. 29), fully mobilize the enthusiasm of scientific and technological personnel, promote the transformation of scientific and technological achievements, and further exert the driving role of technological capital and human capital in the economy. According to The "Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements" and other laws and regulations have been formulated based on the actual conditions of our province. Article 2 Scientific and technological achievements are the collective name for research and development results, including new technologies, new processes, new methods, new designs, new products, new materials, new varieties, new discoveries, new theories, etc. The technology referred to in these regulations refers to:?
(1) Patents. Including inventions, utility models and designs. ?
(2) Technical secrets. Refers to technical information that is developed or mastered in other legal ways, is undisclosed, can bring economic benefits or competitive advantages, is practical, and has adopted confidentiality measures. ?
(3) New plant varieties to which variety rights have been granted. ?
(4) Computer software, integrated circuit layout design. ?
(5) Other technologies recognized by laws and regulations that can be used as production factors. Article 3: Encourage technology as a production factor to participate in income distribution in various forms. Those who complete scientific and technological achievements and those who implement their transformation can participate in income distribution in the form of rewards, equity rights, stock futures (rights), etc. according to different ways of transformation of scientific and technological achievements. Article 4 For those who have made major contributions in research and development and the transformation of scientific and technological achievements, their share of rewards should be no less than 50% of the total rewards. Article 5 If job-related scientific and technological achievements are transferred or allowed to be transformed by others, the unit that owns the scientific and technological achievements shall withdraw no less than 25% of the net income, and the recognized high-tech achievement transformation project shall withdraw no less than 35%. It is used as a one-time reward for those who have completed the scientific and technological achievements and those who have transformed them. Article 6 If the scientific and technological achievements of employees are transformed by themselves or in cooperation with others, the unit that owns the scientific and technological achievements may convert the recognized high-tech achievements at a rate of not less than 10% of the after-tax profits realized after the transformation of the achievements for five consecutive years. The project can withdraw no less than 15% to reward the completers and implementers of the scientific and technological achievements. Article 7 Scientific and technological achievements may be transformed by way of price-setting shares. The property rights of the corresponding scientific and technological achievements shall be transferred to the transferee company, and corresponding procedures shall be completed in accordance with relevant regulations. The investment parties can determine the shares held by the scientific and technological achievements by agreement within the permitted scope. For job-related scientific and technological achievements, the unit that owns the scientific and technological achievements shall allocate no less than 25% of the price of the scientific and technological achievements
in the form of options or shares to reward those who have completed the scientific and technological achievements and Transformation implementer. ?
The investors who set the price for scientific and technological achievements and other investors should reach an agreement on the scope of use of the scientific and technological achievements, the scope of rights reserved by the shareholders to the scientific and technological achievements, and the liability for breach of contract, etc. Article 8: If recognized high-tech achievements with independent intellectual property rights and the potential to form a large industrial scale are transformed through price-setting shares, when the enterprise is registered, the value of the scientific and technological achievements may account for more than 35% of the registered capital. After review and confirmation by the Ministry of Science and Technology, the asset appraisal agency with legal qualifications will evaluate the asset, and the industrial and commercial administration department will grant registration (unless otherwise stipulated by the state). Article 9: The valuation of scientific and technological achievements for equity investment may be through negotiation or valuation by a legally qualified asset appraisal agency. ?
If the price of scientific and technological achievements exceeds 20% of the registered capital, all parties to the investment shall negotiate, approve and sign an agreement. The enterprise shall go through the capital verification procedures and apply for registration based on the evaluation report of the evaluation agency and the agreement between the investment parties. When the investment of any one of the investors involves state-owned assets, the scientific and technological achievements of the investment must be evaluated by a legally qualified asset evaluation agency. The evaluation results shall be reviewed by the science and technology administrative department and reported to the state-owned assets management department at the same level for confirmation.
Article 10 A technology invention unit that holds technology shares in a limited liability company may withdraw a certain proportion from technology dividends and distribute them to personnel who have made important contributions to the technological innovation of the project. Distribution can be in the form of cash or equity. The period for enjoying participation in dividends, the proportion calculation method, relevant rights and obligations, etc. shall be established by the parties and the unit by entering into a written contract. Article 11 Enterprises are encouraged to reward the completers and implementers of scientific and technological achievements in the form of futures stocks and options. ?
The formation of futures stocks is mainly based on the adjustment of the original capital structure, equity transfer, and new or decomposed technology shares in capital increase and share expansion on the basis of enterprise restructuring. The main way to obtain futures stocks is that within a certain period, the completers and transformation implementers of scientific and technological achievements purchase the shares at an agreed price in the form of cash or installment payment, discount interest, or low-interest loans. Article 12: Encourage units or individuals from outside the province, overseas, and abroad to use scientific and technological achievements to invest in enterprises in the province. The proportion of shares shall be agreed upon by the transferor and the transferee. Article 13 Scientific research institutions and colleges and universities transform job-related scientific and technological achievements and give individual rewards to scientific and technological personnel in the form of shares or capital contribution ratios. When the winners obtain shares or capital contribution ratios, personal income tax will not be levied temporarily; When distributing dividends or transferring equity or obtaining income from the capital contribution ratio, personal income tax shall be paid in accordance with the law.