Interim Provisions of Hohhot Municipality on the Identification and Registration of Technology Contracts

Article 1 In order to strengthen the identification and registration management of technology contracts, these Interim Provisions are formulated in accordance with the People's Republic of China (PRC) Technology Contract Law and its implementing regulations, the Interim Provisions on the Management of Technology Contracts promulgated by the State Science and Technology Commission and the Interim Measures for the Registration of Technology Contracts in Inner Mongolia Autonomous Region, combined with the actual situation of our city. Second Hohhot Municipal Science and Technology Commission Technology Market Management Office is responsible for the city's technology contract management. The identification and registration of technical contracts in the whole city shall be managed at different levels. Technical contracts signed by municipal units and individual employees shall be registered with the Technology Market Management Office of the Municipal Science and Technology Commission; Technology contracts signed by organs, organizations, enterprises, institutions and individual citizens in Tutuo, Suburban and Municipal Districts shall be registered with the technology market management authorities of the flag, county and district science and technology commissions. Article 3 Technology contracts concluded by government agencies, organizations, enterprises, institutions, individual citizens and intermediaries that provide services for technology trading activities such as technology development, technology transfer, technology consultation and technology services shall be registered and managed in accordance with these Provisions. Article 4 After the signing of a technology contract, the research and development party, transferor, consultant and service party of the contract shall apply for registration with the technology market management institution specified in Article 2 of these Provisions within the specified time. Article 5 When registering a technology contract, all the technology contracts listed in the national, provincial, municipal and county planned projects shall be submitted with the approval documents of the competent departments at all levels, together with the project plan. For technology contracts involving scientific and technological secrecy, the approval documents of the organ that approved the secrecy shall be submitted. A contract in which a unit under ownership by the whole people transfers a patent right or the right to apply for a patent shall be submitted with the approval document of the competent authority at a higher level; The contract for the transfer of patent application right and the contract for the transfer of patent right shall submit the certification materials for registration and announcement by the Patent Office; A patent licensing contract shall be filed with the patent administration authority after it is registered with the technology market administration authority. Article 6 A technology contract recognized and approved for registration by the technology contract registration agency shall be registered in accordance with the "Technology Contract Registration Form" uniformly issued by the whole region, and the parties concerned shall fill it out carefully and truthfully. Seventh technology contract registration agencies must conscientiously perform their duties, implement a unified policy, strictly grasp the examination and approval criteria of pure technology income, and do a good job in the identification and registration of technology contracts. All technical contracts that meet the requirements shall be reviewed and registered within one week from the date of receiving the application. If it does not meet the requirements, it shall not be registered, but the reasons shall be explained to the parties. Article 8 The main contents of the identification and registration of technology contracts are:

(1) Legal identification;

(2) Technical appraisal of the subject matter of the technical contract;

(3) Classifying and registering the recognized technical contracts;

(four) issued by the technical contract registration certificate;

(5) Approved net technical income. Article 9 The charging standard for the identification and registration of technology contracts shall be implemented in accordance with the Notice on Formulating the Temporary Charging Standard for the Identification and Registration of Technology Contracts (No.98 (1989) of the Science and Technology Commission of the Autonomous Region and the Price Bureau of the Autonomous Region), and no additional fees shall be charged in any way. Article 10 The parties to a technology contract shall go through the payment formalities at the bank with the recognized and registered text of the technology contract and the Technology Contract Registration Form. Banks have the right to refuse to handle unregistered contracts. Eleventh technology contracts recognized by the technology contract registration agency can enjoy preferential policies such as finance and taxation. If it is necessary to withdraw the incentive fee, the project acceptance certificate, contract text, cost accounting sheet and Technical Contract Registration Form issued by the transferee shall be submitted to the original technical contract registration authority. After the examination and approval, the technical contract registration personnel fill in the "Payment Form of Remuneration Fee" and affix the special seal for technical contract registration of the technical market management organs at all levels in Hohhot, and the parties can withdraw the technical trade incentive fee from the bank with this payment form; Need to apply for science and technology credit, at the same time, submit the technical contract text and the technical contract registration form and the relevant information of the project to the bank, and the technical contract projects that meet the national conditions for tax reduction or exemption shall apply to the tax authorities for tax reduction or exemption with the technical contract registration form. Twelfth unregistered technology contracts, the expenses paid by the buyer shall not be included in the enterprise management funds, cost sharing or pre-tax expenses, and institutions shall not be included in business expenses or extra-budgetary income. Article 13 The proportion of technology net income from technology development, technology transfer, technical consultation and technical services recognized and registered by the municipal technology market management authorities at all levels shall be handled in accordance with Articles 16 and 17 of the Measures for the Administration of Technology Market in Hohhot. Fourteenth technology contract registration by improper means, defrauding bonuses and tax reduction and exemption, the municipal technology market management office has the right to jointly with the municipal administrative department for industry and commerce to order it to pay taxes and recover bonuses. If the circumstances are serious, its business license and Technology Trade License may be revoked, and the person directly responsible shall be given administrative sanctions by the competent department until legal responsibility is investigated. Fifteenth of the technology contract registration personnel dereliction of duty, resulting in adverse effects, the technology market management office has the right to revoke the qualification of technology contract registration. Administrative sanctions shall be given by the competent department. Those who violate the criminal law shall be investigated for criminal responsibility by the judicial department. Sixteenth technology contracts that have not been registered are not allowed to enjoy preferential policies such as finance, taxation, incentives and fees, and a fine of 0 ~ 5% of the contract transaction price is imposed.