Laws of the People's Republic of China

(Adopted at the Second Meeting of the Standing Committee of the Eighth National People's Congress on July 2, 1993, promulgated by Order No.5 of the President of the People's Republic of China on July 2, 1993, and effective as of July 2, 1993)

CHAPTER I GENERAL PROVISIONS

CHAPTER II SYSTEM OF AGRO-TECHNICAL POPULARIZATION

CHAPTER III POPULARIZATION AND APPLICATION OF AGRO-TECHNIQUES

CHAPTER IV SAFEGUARDS FOR AGRO-TECHNICAL POPULARIZATION

CHAPTER V SUPPLEMENTARY PROVISIONS

   Article 1 This Law is formulated with a view to strengthening the work of agro-technical popularization, enabling the prompt application of results of agricultural scientific research and practical techniques to agricultural production, safeguarding the development of agriculture and realizing the modernization of agriculture.

   Article 2 "Agro-techniques" mentioned in this Law refer to the scientific research results and practical techniques to be applied to crop cultivation, forestry, animal husbandry and fishery, including techniques of breeding good strains, applying fertilizers, preventing and controlling plant diseases and insect pests, as well as plant cultivation and animal husbandry; techniques of processing, preserving, storing and transporting products and by-products of agriculture; techniques of agricultural machinery and agricultural aviation; techniques of irrigation and water conservancy, soil improvement and water and soil conservation; techniques of water supply and energy utilization in rural areas and agricultural environmental protection; techniques of agricultural meteorology, and techniques of agricultural management and administration.

"Popularization of agricultural technology" mentioned in this Law, refers to the dissemination and the application of agro-techniques to the entire process of the pre-inter-post production of agricultural production by means of experiment, demonstration, training, and consultation services.

   Article 3 The State shall rely on the progress of science and technology and the development of education to invigorate the rural economy, speed up the popularization and application of agro-techniques and develop an agriculture with high yield, good quality and high beneficial results.

   Article 4 The following principles shall be observed in the popularization of agricultural technology:

1. to be conductive to the development of agriculture;

2. to respect the will of agricultural labourers;

3. to adopt measures suitable to local conditions after experimentation and demonstration;

4. to be supported by the State and rural economic collectives;

5. to practise the combination of institutions of scientific research, relevant schools or colleges and popularization setups with mass organizations of science and technology, scientific and technical personnel, and agricultural labourers;

6. to stress economic and social and ecological benefits of agricultural production.

   Article 5 The State shall encourage and support scientific and technical personnel to develop, popularize and apply advanced agro-techniques; encourage and support agricultural labourers and agricultural production and operation organizations to apply advanced agro-techniques.

   Article 6 The State shall encourage and support the introduction of advanced agro-techniques from foreign countries and promote the international cooperation and exchanges of agro-technical popularization.

   Article 7 People's governments at various levels shall strengthen their leadership in the work of agro-technical popularization and organize the relevant departments and units to take measures to promote the development of agro-technical popularization.

   Article 8 The units or individuals that have made contributions to the work of agro-technical popularization shall be awarded.

   Article 9 The administrative departments under the State Council in charge of agriculture, forestry, animal husbandry, fishery and water conservancy (hereinafter referred to generally as the administrative departments of agro-technical popularization), shall be responsible for the relevant work of agro-technical popularization in the whole country according to their respective functions and duties. The administrative departments of agro-technical popularization of the local people's governments at or above the county level shall, under the leadership of the people's governments at the corresponding levels, be responsible for the relevant work of agro-technical popularization within their administrative areas according to their respective functions and duties. The administrative departments of science and technology of people's governments at the corresponding levels shall give guidance to the work of agro-technical popularization.

CHAPTER II SYSTEM OF AGRO-TECHNICAL POPULARIZATION

   Article 10 In the process of agro-technical popularization, a popularization system of combining agro-technical popularization setups with institutions of agricultural scientific research, relevant schools or colleges, mass organizations of science and technology, and peasant technical personnel shall be practised.

The State shall encourage and support supply and marketing co- operatives, other enterprises and institutions, social organizations, and scientific and technical personnel in all walks of life to carry out service activities of agro-technical popularization in rural areas.

   Article 11 The functions and duties of the agro-technical popularization setups at or above the township, nationality township and town levels shall lie in:

1. participating in the working out of agro-technical popularization plans and organizing the implementation thereof;

2. organizing professional trainings of agro-techniques;

3. providing services of agro-technique and information;

4. carrying out experimentation and demonstration of agro-techniques already decided upon to be popularized; and

5. instructing agro-technical popularization activities of their subordinate agro-technical popularization setups, mass organizations of science and technology and peasant technical personnel.

   Article 12 Professional scientific and technical personnel of agro- technical popularization setups shall possess the relevant professional qualifications at or above the secondary professional schooling, or reach corresponding professional and technical standards through the professional examination and training sponsored by the relevant departments of the people's governments at or above the county level.

   Article 13 Agro-technical popularization service organizations of villages and peasant technical personnel shall, under the guidance of agro-technical popularization setups, disseminate agro-technical knowledge, carry out measures of agro-technical popularization and provide agricultural labourers with technical service.

In the popularization of agro-techniques, peasant households with proper conditions shall be selected to demonstrate the application.

The State shall take measures to train peasant technical personnel. Peasant technical personnel who meet relevant requirements after examinations may according to relevant regulations be awarded with corresponding technical titles and certificates.

Villagers committees and village economic collectives shall promote and help agro-technical popularization service organizations and peasant technical personnel of the villages to carry out their work.

   Article 14 Farms, forest farms, animal farms and fishing grounds shall, besides doing a good job in their own work of agro-technical popularization, unfold service activities of agro-technical popularization to the whole society.

   Article 15 Institutions of agricultural scientific research and relevant schools or colleges shall adapt themselves to the needs of the development of rural economic construction, carry out the work of agro- technical development and popularization, and speed up the dissemination and application of advanced technology to agricultural production.

Educational departments shall develop professional technical education and agro-technical trainings relating to agro-technical popularization in the countryside to improve the technical qualification of agro- technical popularization personnel and agricultural labourers. The State shall encourage agricultural economic collectives, enterprises and institutions, and other social forces to develop agro-technical education in the countryside.

As to the scientific and technological personnel of institutions of agricultural scientific research and relevant schools or colleges who are engaged in the work of agro-technical popularization, the practical achievements they have made in the work of agro-technical popularization shall be taken as major indicators for performance appraisal in determining and conferring academic and technical titles.

   Article 16 The State shall encourage and support the development of mass organizations of science and technology in the countryside, and bring their role in agro-technical popularization into play.

CHAPTER III POPULARIZATION AND APPLICATION OF AGRO-TECHNIQUES

   Article 17 Projects of agro-technical popularization shall be drawn up in popularizing agro-techniques. Key projects of agro-technical popularization shall be included into national and local plans involving the development of science and technology, and be carried out with cooperation by administrative departments of agro-technical popularization and of science and technology according to their respective functions and duties.

   Article 18 Institutions of agricultural scientific research and relevant schools or colleges shall take up technical problems which need to be solved in agricultural production as their research subjects, and the results of their scientific research may be popularized by agro- technical popularization setups or may be popularized directly to agricultural labourers and agricultural production and operation organizations by such institutions of agricultural scientific research and such schools or colleges.

   Article 19 The agro-techniques to be popularized to agricultural labourers must have been proved to be advanced and applicable by experiments in the areas for popularization.

Anyone who popularizes to agricultural labourers agro-techniques which have not been proved to be advanced and applicable by experiments in the areas for popularization and thus causes losses to agricultural labourers shall be liable for civil compensation. The competent personnel in charge and other persons held directly responsible may be given administrative sanctions by the units they belong to or organs at higher levels.

   Article 20 Agricultural labourers shall apply agro-techniques on voluntary basis.

No organization or individual shall force agricultural labourers to apply agro-techniques. Anyone who forces agricultural labourers to apply agro-techniques and thus causes losses to agricultural labourers shall be liable for civil compensation. The competent personnel in charge and other persons held directly responsible may be given administrative sanctions by the units they belong to or organs at higher levels.

   Article 21 Agro-technical popularization setups at the county or township level shall organize agricultural labourers to study scientific and technological knowledge of agriculture so as to raise their ability of applying agro-techniques.

When agricultural labourers apply advanced agro-techniques to their production, the departments and units concerned shall give assistance to them in aspects of technical trainings, funds, materials and sales.

The State shall encourage and support agricultural labourers to participate in the activities of agro-technical popularization.

   Article 22 Popularization of agro-techniques to agricultural labourers by national agro-technical popularization setups shall, except as otherwise provided in the second paragraph of this Article, be carried out gratis.

Provision of agro-techniques through technical transfer, technical service and technical contract by agro-technical popularization setups or institutions of agricultural scientific research, relevant schools or colleges or scientific and technological personnel, may be carried out in the form of compensable service, and their lawful earnings shall be protected by law. In conducting agro-technical transfer, technical service and technical contract, parties concerned shall conclude contracts to define their respective rights and duties.

The funds needed to popularize agro-techniques by national agro- technical popularization setups shall be allocated by the financial department of the Government.

CHAPTER IV SAFEGUARDS FOR AGRO-TECHNICAL POPULARIZATION

   Article 23 The State shall gradually increase its input to agro- technical popularization. People's governments at various levels shall secure the funds to be used for agro-technical popularization in their financial budgets and shall increase such funds year by year.

People's governments at various levels shall, through channels of financial allocation or drawing a fixed proportion of funds from agricultural development funds, raise special funds for agro-technical popularization to carry out projects of agro-technical popularization.

No state organ or unit shall intercept or misappropriate funds to be used for agro-technical popularization.

   Article 24 People's governments at various levels shall take measures to guarantee and improve the working and living conditions of the professional scientific and technical personnel engaged in the work of agro-technical popularization, better their treatments and give subsidies to them according to the provisions of the State so as to maintain the stability of agro-technical popularization setups and professional scientific and technical personnel. In determining and conferring academic and technical titles of professional scientific and technical personnel engaged in the work of agro-technical popularization in townships or villages, their professional technical levels and achievements in the work of popularization shall be considered as major indicators for performance appraisal.

   Article 25 Economic collectives of townships or villages shall draw a fixed portion from the funds owned by the enterprises established by them for subsidizing and developing agriculture through development of industry to be used for the input to agro-technical popularization in their own townships or villages.

   Article 26 Agro-technical popularization setups, institutions of agricultural scientific research and the relevant schools or colleges may, according to the need of economic development in rural areas, carry out various forms of management services such as combination of technical guidance with material supply. And the State shall grant preferential treatment in respect of taxation, loan and credit to enterprises in service of agriculture run by agro-technical popularization setups, institutions of agricultural scientific research and relevant schools or colleges.

   Article 27 Administrative departments of agro-technical popularization and agro-technical popularization setups at or above the county level shall carry out in a planned way technical trainings for agro-technical popularization personnel and organize them to obtain professional studies so as to update their knowledge and enhance their vocational level.

   Article 28 Local people's governments at various levels shall take measures to guarantee that agro-technical popularization setups obtain essential experimental bases and means of production to carry out experiments and demonstrations of agro-techniques.

Local people's governments at various levels shall guarantee that agro- technical popularization setups have necessary conditions for carrying out work of agro-technical popularization.

Local people's governments at various levels shall guarantee that the experimental bases, means of production and other properties of agro- technical popularization setups be free from encroachment.

CHAPTER V SUPPLEMENTARY PROVISIONS

   Article 29 The State Council shall, in accordance with this Law, formulate rules for implementation.

The standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with this Law and in the light of their local conditions, formulate measures for the implementation of this Law.

   Article 30 This Law shall come into force as of the date of its promulgation.