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| CFDA issued a letter to clarify the distribution and incentive mechanism of the transformation of scientific and technological achievements |
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| Author：中國銘鉉 企劃部 Release Time：2017-8-28 10:13:58 Number Browse：764 |
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Medical network - August 28, on August 25, the CFDA website about promoting transformation of scientific and technological achievements, has a scientific and technological achievements to encourage the business, and to establish a scientific and technological achievements transformation of income distribution and incentive mechanism is put forward.
To carry out scientific and technological achievements in accordance with the law
Complete unit for its scientific and technological achievements of scientific and technological achievements, can decide to transfer, permission or evaluate investment transformation in the form of national laws and regulations besides involving state secrets, national security, without approval or for the record.
Complete unit in the transformation of scientific and technological achievements of scientific and technological achievements, shall, in accordance with the law and the system of the unit, by way of collective decision to decide whether to implement the transformation of scientific and technological achievements work and related matters.Unit the leadership in diligently duty, under the premise of not to seek illegal interests, in accordance with the law from its due to the transformation of scientific and technological achievements in the pricing of scientific and technological achievements to subsequent value changes of decision-making responsibility.
The units of scientific and technological achievements shall, in accordance with the provisions of national laws or administrative regulations, determine the transaction price of the transformation of scientific and technological achievements and publicize relevant contents and complete the transformation of scientific and technological achievements according to law.
Transformation of scientific and technological achievements work shall respect the market rule, exert the principal role of scientific and technological achievements to complete the unit, following the voluntary, mutual benefit, the principle of fairness, honesty and credit, in accordance with the provisions of the laws and regulations and the contract, shall enjoy the rights and interests and to take risks.
In the process of transformation and implementation of scientific and technological achievements, scientific and technological achievements should be carried out in China.Where the transfer of scientific and technological achievements or the licensing of foreign organizations or individuals is carried out, the relevant departments shall report to the relevant departments concerned for examination and approval, and the laws and regulations shall, in accordance with the provisions of such provisions, apply to the approval agencies.
Complete unit implementation of scientific and technological achievements transformation of scientific and technological achievements, should be according to the state-owned assets supervision and administration and other relevant provisions, entrust a specialized agencies for the value of asset appraisal work of scientific and technological achievements, and using the assets assessment results of scientific and technological achievements as the implementation of the transformation of scientific and technological achievements of pricing reference.
To establish the income distribution and incentive mechanism of scientific and technological achievements
Complete unit of scientific and technological achievements transformation of scientific and technological achievements gained by the income to all units, unit budget, not to the state Treasury, deduction for completion and transformation of scientific and technological achievements made important contribution to the reward and remuneration, shall be mainly used for research and development of science and technology achievements transformation and so on related work, and on the operation and development of scientific and technological achievements to complete the unit protection.
The unit of scientific and technological achievements shall specify the method, amount and time limit for reward and remuneration agreed upon by the scientific and technological personnel.The unit shall fully listen to the opinions of the technical personnel of the unit and make relevant provisions in the unit.When awarding awards to other personnel who have made important contributions to the achievement of scientific and technological achievements and the transformation of achievements, the following provisions shall be implemented:
1. In the transfer of technology or the transformation of scientific and technological achievements by means of technology transfer or license, the proportion of net income derived from technology transfer or license shall be used for the reward of not less than 50%.
2. Except as otherwise provided by the implementation opinions, to evaluate investment implementation of scientific and technological achievements transformation, shall be from the investments in shares or investment proportion to extract the proportion of no less than 50% for reward.
3. Those who have made major contributions in the research and development and transformation of scientific and technological achievements will receive no less than 50% of the total award.
4. Will to implement or cooperate with others to implement transformation of scientific and technological achievements, shall implement the transformation successfully produced in 3 years to 5 years in a row, after a year from the implementation of the scientific and technological achievements of extracting not less than 5% of operating profit to reward.
5. The technical development, technical consultation and technical services provided by the scientific and technical personnel are important forms of the transformation of scientific and technological achievements and should be provided through the contract.With technology development, technology consulting, technology services and other activities of the transformation of scientific and technological achievements, should be from technology development, technology consulting, technology services and other activities of the net income to extract the proportion of no less than 50% for reward.
6. The completion and participation of a person without changing the ownership of the scientific and technological achievements may, in accordance with the agreement with this unit, make the transformation of scientific and technological achievements and enjoy the rights and interests stipulated in the agreement.The unit shall support the above-mentioned transformation of scientific and technological achievements.
The unit of scientific and technological achievements shall standardize the transformation and incentive mechanism of the leading personnel, and the scientific and technological personnel who shall be the leading posts shall be rewarded for the transformation of scientific and technological achievements and shall be executed according to the following principles:
All units at the leadership and to which various units with independent legal person qualification units at the leadership, is the main persons involved or scientific and technological achievements made great contribution to the transformation of scientific and technological achievements, can receive cash rewards, in principle, shall not obtain equity incentive;Other in leadership positions of science and technology personnel, is the main persons involved or scientific and technological achievements made great contribution to the transformation of scientific and technological achievements, can receive cash, shares or investment proportion and reward and remuneration.
For the scientific and technological achievements of scientific and technological personnel who are in the leadership position of the unit, the distribution of the profits and benefits of scientific and technological achievements shall be made public, and they shall not use their powers to encroach upon the achievements of other people's scientific and technological achievements.
Get the transformation of scientific and technological achievements of awards were rewarded people belong to the individual awards, base is not included in the total wages and performance assessment and management, is not restricted by the place the unit total wages, but shall pay taxes in accordance with the laws and regulations, etc.
Provincial food and drug supervision and administration department, administration of the directly affiliated institutions to define public welfare scientific and technological achievements, and on the basis of the actual promotion transformation work coverage, industry technical level, the food and drug supervision and administration ability increase of evaluation, etc.
For the achievements of public welfare science and technology, in addition to the rewards for the completion of scientific and technological achievements in accordance with the provisions of this opinion, spiritual rewards can also be implemented.The general administration shall, in accordance with the implementation of the situation, report the praise in a proper manner.We will encourage provincial food and drug administration departments and departments directly under the general administration to commend those who have made important contributions to the transformation of scientific and technological achievements.
Encourage people who have scientific and technological achievements to start a business
Complete unit of scientific and technological achievements of science and technology personnel in the job responsibilities, to complete the job under the premise of the consent of the original work unit, can go to the enterprises, scientific research institutions, institutions of higher learning and social organizations work part-time, also can leave a startup, engaged in technology research and development work.
The original unit shall establish the system regulation, or have the rights and obligations of part-time, off-duty, and the period of departure and expiration of the period and the period after the expiration of the term.
Leave staff/original place unit in principle in no more than 3 years time retain their human relations, original work unit and leave personnel during the period of leave suspension of labor relations, from the date of leave no longer wages, welfare, etc.
During the period of departure, the personnel who leave the post shall enjoy the same rights as those who are in the same conditions as those who are in the same unit, who are entitled to participate in professional title review, post grade promotion and retention of social insurance relations.
The research projects of the state, relevant departments, local or original units that are borne by the departing personnel shall not be suspended in principle, and the relevant procedures such as change shall be handled in accordance with the relevant provisions.
Part time, the personnel who leave the post must abide by the agreement with the unit that is originally in, keep the secret of former unit, respect the intellectual property of the unit that belongs to, and sign a confidentiality agreement with the unit that originally belongs to;Where a unit or other person's intellectual property rights are used, the original unit or other person's permission shall be obtained.A part-time, off-duty personnel shall not violate the agreement of the original unit or agreement, and engage in the transformation of the same scientific and technological achievements as the original unit.
The units at all levels shall implement the part-time work of the scientific and technological personnel and the public display system of the departure post, and shall, when approving the part-time work and leaving the post, be shown on the official website or other ways of the former unit for more than 5 working days.In case of a part-time job in a foreign-funded enterprise or a foreign-funded enterprise, the original unit shall examine and approve it, and shall listen to the opinions of the superior departments when necessary.
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