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Notice of the Harbin Municipal People's Government on the Issuance of the "Harbin Technology Market Management Regulations"
Chapter 1 General Provisions Article 1 In order to strengthen technology market management, develop and prosper the technology market, ensure the normal circulation of technology commodities, promote technological progress, and be conducive to the construction of the four modernizations, in accordance with the relevant regulations of the national and provincial governments and in combination with the situation of our city, This provision is specially formulated. Article 2 All units and individuals engaged in business activities in this city’s technology market must strictly implement these regulations. Article 3: The management of the technology market must implement the policy of “opening up, activating, supporting and guiding” so that scientific and technological achievements can be applied in production. Article 4 These regulations are organized and implemented by the Municipal Science and Technology Commission, and all relevant municipal departments must cooperate closely. Chapter 2 Business Scope and Form Article 5 All technologies circulating in this city’s technology market must be mature technologies or staged technological achievements. Article 6 The business scope of the technology market:

(1) Technology transfer, technology development and technical services.

(2) Various forms of scientific research, education and production cooperation.

(3) Other technological management activities that contribute to social progress. Article 7 Business forms of the technology market:

(1) Open centers, companies or stores of various majors, industries and comprehensive technologies.

(2) Hold exchange meetings, negotiation meetings or bidding meetings on talents, information, scientific and technological achievements, scientific and technological problems, major projects, and introduced projects.

(3) Carry out cross-regional, cross-department, cross-industry, multi-form, multi-channel, multi-level, flexible and diverse technical exchanges, transactions, contacts and joint activities. Article 8 Technology that is not allowed to be transferred according to regulations shall not be circulated in the technology market. The transfer of technologies involving national security or major economic interests that need to be kept confidential must be handled in accordance with relevant regulations. Chapter 3 Management and Operation Organizations Article 9 The Technology Market Management Group Office of the Harbin Municipal People's Government shall perform the following responsibilities:

(1) Responsible for the implementation of national, provincial and municipal laws, decrees, and regulations related to the technology market. laws and regulations, and study and solve implementation problems.

(2) Approval of operating institutions.

(3) Unify the management of business institutions and business activities in the technology market.

(4) Hold and organize scientific and technological achievement exchanges and trade fairs.

(5) Review technology transferred abroad.

(6) Responsible for the statistical work of the technology market.

(7) Undertake relevant matters assigned by the municipal government. Article 10 Any unit or individual that establishes a technology operation agency must have the qualifications of a legal person or a citizen of the People's Republic of China, and must meet the following conditions:

(1) Have a supervisory unit or a guarantee unit.

(2) Full-time scientific and technical personnel with intermediate or above professional and technical positions.

(3) Having a fixed business location and necessary working conditions, technical facilities and means. When renting places and facilities, an agreement or contract valid for more than one year must be signed.

(4) Have own funds to open a bank account, have accounting personnel, and bear economic and legal responsibilities.

(5) Clear business direction, scope and organizational charter. The name of the organization should reflect the characteristics of the major or industry it belongs to. Article 11 Scientific research and production consortiums engaged in business activities in the form of technology shares may be handled with reference to relevant regulations. Chapter 4 Contract Management Article 12 All signed technology contracts, including certified or notarized contracts, must be registered free of charge at the Municipal Technology Market Management Group Office. After the registered contract is fulfilled, the technology transferor must present the relevant documents and certificates of the project signed by the contract, and after approval by the Municipal Technology Market Management Group Office, go to the bank to withdraw the remuneration. If the contract is not registered, the bank will not pay the remuneration and will not enjoy various preferential treatment in the technology market. Article 13: Technology contracts signed by branches of technology operating agencies must first undergo preliminary review by the technology operating agency to which the branch belongs, and then go to the Municipal Technology Market Management Group Office for free registration. Chapter 5 Charges and Distribution Article 14 The price of technical commodities shall be determined by both parties to the transaction through negotiation in accordance with the principles of mutual benefit, mutual understanding, mutual accommodation, and consensus through consultation. Article 15 Technology transfer fees shall be paid in accordance with the following provisions:

(1) For enterprises owned by the whole people and collectively, they shall be included in the enterprise management fee, or be used as a one-time deferred expense or amortized into the cost in installments. Generally, No more than three years.

(2) For public institutions owned by the whole people, expenditures shall be included in the contracted balance of business expenses or extra-budgetary income.

(3) Group organization member units of horizontal technical and economic alliances, with the approval of the finance and taxation departments, can make pre-tax expenses after the transferred technology is implemented. Article 16 Remuneration paid to staff directly engaged in technical activities shall not be included in the total bonus of the unit. The proportion of withdrawals is stipulated as follows:

(1) Ten to fifteen percent of the net income from technology transfer.

(2) Fifteen to twenty percent of the net income from technology development.

(3) Twenty to twenty-five percent of net income from technical services (including technical consulting). Article 17: Fifty percent of the net income from technology operations, excluding the remuneration stipulated in Article 16, shall be used for the science and technology development fund; 30% shall be used for the collective welfare fund; Twenty percent will be allocated to the incentive fund. These three funds must be earmarked for specific purposes.