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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II SCIENTIFIC RESEARCH AND DEVELOPMENT CHAPTER III QUALITY SAFEGUARD CHAPTER IV POPULARIZATION AND USE CHAPTER V SOCIALIZED SERVICES CHAPTER VI SUPPORTING MEASURES CHAPTER VII LEGAL LIABILITIES CHAPTER VIII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Measures are hereby formulated for the purpose of encouraging and supporting farmers and agricultural production and management organizations to use the advanced and applicable agricultural machinery to promote the agricultural mechanization and build modern agriculture. Article 2. The "Agricultural Mechanization" mentioned in this Law shall refer to the process of applying the advanced and applicable agricultural machineries to equip agriculture, improve the agricultural production and management conditions, and continuously enhance the level of production technology of agriculture and economic benefits and ecological benefits. The "Agricultural Machinery" mentioned in this Law shall refer to the machines and equipment applied to the farm production and the primary processing of the products thereof, and other relevant farming activities. Article 3. The people's governments at or above the county level shall bring the agricultural mechanization into the plan of national economic and social development, and take measures such as financial backing and implementation of the preferential tax policies prescribed by the state and financial support, etc., to increase the capital investment into the agricultural mechanization step by step, bring into full play the role of market mechanism, and promote the development of agricultural mechanization in light of the principle of adjusting measures to local conditions, ensuring economy and availability, safeguarding security, and protecting environment. Article 4. The state guides and supports farmers and agricultural production and management organizations to choose advanced and applicable agricultural machinery by themselves. No entity or individual may force any farmer or agricultural production and management organization to purchase the products of agricultural machinery designated by this entity or individual. Article 5. The state takes measures to carry out publicity and education on the scientific and technological knowledge of agricultural mechanization, and trains professional talents for agricultural mechanization, so as to push forward the agricultural mechanization information service, and improve the level of agricultural mechanization. Article 6. The competent administrative department of agriculture of the State Council and other departments in charge of the relevant work of agricultural mechanization shall, according to their own division of responsibilities, cooperate closely with each other to do a good job of promoting agricultural mechanization. The competent departments in charge of the work of agricultural mechanization and other relevant departments of the local people's governments at or above the county level shall, according to their own division of responsibilities, cooperate closely with each other to do a good job of promoting agricultural mechanization within their own administrative regions. CHAPTER II SCIENTIFIC RESEARCH AND DEVELOPMENT Article 7. The people's governments at or above the provincial level and their relevant departments shall organize the relevant entities to take measures such as tackling key problems in technology, experiment, demonstration, and etc. to accelerate the scientific research of agricultural machinery of a fundamental, key and public welfare nature and the popularization and application of the advanced and applicable agricultural machinery. Article 8. The state supports the relevant scientific and research institutions and colleges and universities to strengthen scientific and technological research of agricultural mechanization, make research on and develop advanced and applicable agricultural machinery in light of different production conditions and demand of farmers; and supports the combination of the scientific research and teaching of agricultural mechanization with the production and popularization thereof, so as to enable the agricultural machinery to meet the requirements of the development of agricultural production technology. Article 9. The state supports the producers of agricultural machinery to develop advanced and applicable agricultural machinery, adopt advanced technology, advanced techniques and advanced materials to improve the quality and technical level of the products of agricultural machinery, reduce the production cost, so as to provide series, standard and multi-functional products of agricultural machinery with high quality, energy saving character and reasonable prices. Article 10. The state supports the introduction and use of advanced agricultural machinery, key components and fittings and technology, and encourages the introduction of foreign investment to undertake the research, development, production and management of agricultural machinery. CHAPTER III QUALITY SAFEGUARD Article 11. The state strengthens the establishment of agricultural mechanization standard system, formulates and improves the standards for the agricultural machinery product quality, maintenance quality and operating quality, etc.. For those products of agricultural machinery involving such technical requirements as the personal safety, farm produce quality safety and environmental protection, the state shall formulate mandatory technical specifications in accordance with the relevant laws and administrative regulations. Article 12. The department of product quality supervision shall organize the supervision over and spot-check on the quality of agricultural machinery products according to law. The administrative department for industry and commerce shall strengthen the work for the supervision over and administration on the market of agricultural machinery products. The competent administrative department of agriculture of the State Council and the competent departments in charge of agricultural mechanization of the provincial people's governments may, according to the complaints of the users of agricultural machinery and the actual needs of farm production, organize the investigation into the conditions for the applicability, safety, and reliability, as well as the after-sales service of special kinds of agricultural machinery products, and announce the result of the investigation. Article 13. The producers and distributors of agricultural machinery shall be responsible for the quality of agricultural machinery they produce and sell, and undertake the responsibility for after-sales service of the supply of components and fittings and the training in accordance with the relevant provisions of the state. The producers of agricultural machinery shall, according to the national standards, industrial standards and the requirements of ensuring personal safety, establish necessary safeguards, alarming marks and caution specifications in Chinese in the agricultural machinery products. Article 14. In case any product of agricultural machinery does not meet the quality requirements, the producers and distributors of the agricultural machinery products shall be responsible for the repair, alteration and return of such goods. If the product has resulted in the loss of any user of agricultural machinery in agricultural production or other losses, the producers and distributors shall compensate for the losses according to law. The user of any agricultural machine shall have the right to require the distributors of agricultural machinery to pay compensation in priority. After the distributors of the agricultural machinery have paid compensation, they shall have the right to demand recourse from the producers of agricultural machinery in case the loss is the responsibility of the producers. Where any personal injury or property loss is caused due to the defects of any agricultural machine, the producers and distributors of the agricultural machine shall pay compensation for the losses according to law. Article 15. Where any agricultural products are listed into the catalogue of products that should be subject to certification according to law, they are prohibited from leaving the factory, being sold and imported unless they have got the certification and been labeled with the mark of certification. No agricultural machinery products that do not meet the mandatory state requirements for technical specifications may be produced or sold. It is prohibited to use incomplete or low quality components and fittings and rejected machines and tools to assemble agricultural machinery products. CHAPTER IV POPULARIZATION AND USE Article 16. The state supports the popularization of advanced and applicable agricultural machinery products to the farmers and agricultural production and management organizations. The agricultural machinery products shall be popularized in light of the needs of local agricultural development and shall be proved to be advanced and applicable after being experimented in the popularization areas in accordance with the provisions of the law of popularization of agricultural technology. The producers or distributors of agricultural machinery may entrust agricultural machinery testing and appraisal institutions to check the products of agricultural machinery they produce after finalizing the design or sell on their applicability, safety and reliability and make technical evaluations. The agricultural machinery testing and appraisal institutions shall publicize the testing results on agricultural machinery products with applicability, safety and reliability, so as to provide information to farmers and agricultural production and management organizations for their selection and purchase of advanced and applicable agricultural machinery. Article 17. The people's governments at or above the county level may, in light of the reality, establish bases of model of agricultural mechanization in different agricultural areas, and encourage the producers and operators of agricultural machinery to establish agricultural machinery model spots to guide the farmers and agricultural production and management organizations to using the advanced and applicable agricultural machinery. Article 18. The competent administrative department of agriculture of the State Council shall, together with the finance department of the State Council and the department of comprehensive macro-control of economy, and in light of the principle of promoting the structural adjustment of agriculture, protecting natural resources and entironment, and popularizing agricultural new technology and speeding up the renewal of agricultural machines and tools, determine and publicize the catalogue of advanced and applicable agricultural machinery products, which are popularized under the support of the state, and make adjustment on them periodically. The departments in charge of the work of agricultural mechanization of the provincial people's governments shall, together with the finance department, and the department of comprehensive micro-control of economy at the corresponding level, and in accordance with the preceding principle, determine and publicize the catalogue of advanced and applicable agricultural machinery products that are popularized under the support of the provincial people's government, and make adjustments periodically. The producers of agricultural machinery shall file an application at their own free will for the products that are to be listed into the catalogues of the preceding paragraph. The products should pass the appraisal of the agricultural machinery testing and appraisal institution on their advance, applicability, safety and reliability. Article 19. The state encourages and supports farmers to use the agricultural machinery through cooperation, so as to improve the availability of the agricultural machinery and the efficiency of operation and reduce the cost of operation. The state supports and protects farmers to organize the regional and standard planting at their free will on the basis of sticking to the household management of production by contracting, so as to improve the level of operation of agricultural machinery. No entity or individual may infringe upon the land contractual management rights of farmers by the excuse of regional and standard planting. Article 20. The competent administrative department of agriculture of the State Council and the departments in charge of the work of agricultural mechanization of the local people's governments at or above the county level shall strengthen the publicity, education and administration on the safety use of agricultural machinery in light of the policy of safety production and danger prevention. Any user of agricultural machinery shall operate the agricultural machines in light of the safety operation procedures, and shall set up safeguards or alarming marks at the dangerous part and the working sites. CHAPTER V SOCIALIZED SERVICES Article 21. Farmers and agricultural machinery operation organizations may, in light of the principle of voluntariness and equal negotiation, provide various onerous services of agricultural machinery operation to the local farmers and agricultural production and management organizations or those of other places. The onerous agricultural machinery operation service shall meet the quality standard for agricultural machinery operation prescribed by the state or local regions. The state encourages the provision of trans-regional agricultural machinery services. The people's governments at all levels and the relevant departments shall support the trans-regional operation of agricultural machinery, maintain the operation order, provide convenience and services and implement safety supervision and administration according to law. Article 22. The people's governments at all levels shall take measures to encourage and support the development of various agricultural machinery service organizations, push forward the construction of the information network of agricultural mechanization, and improve the service system of agricultural mechanization. The agricultural machinery service organizations shall, according to the demand of farmers and agricultural production and management organizations, provide socialized services such as popularization of models of agricultural machinery, training on practical technology, maintenance, information, and agency, etc.. Article 23. The grass-root agricultural machinery popularization institutions established by the state shall rely on the model base of experiments to provide services such as the popularization and training on public welfare agricultural machinery technology gratis to farmers and agricultural production and management organizations. Article 24. Any entity undertaking the maintenance of agricultural machinery shall have the apparatus, equipment fitting in with the maintenance business and the technicians with professional skill of agricultural machinery maintenance to ensure the quality of maintenance. If the maintenance quality is unqualified, the repairer shall repair again free of charge. If it results in any personal injury or property loss, the repairer shall undertake compensation liabilities according to law. Article 25. The producers, operators and repairers of agricultural machinery may form trade associations in accordance with the provisions of laws and administrative regulations, and implement industry self-discipline, and provide services to members and maintain the legal rights and interests of members. CHAPTER VI SUPPORTING MEASURES Article 26. The state shall take measures to encourage and support the producers of agricultural machinery to increase the investment in the development of new products, new technology, and new techniques, and implement preferential tax policies on the scientific and research development and manufacture of agricultural machinery. The funds for scientific and technological development allocated by finance budget of central government and local governments shall give support to the technological innovation of agricultural machinery industry. Article 27. The central finance and provincial finance shall arrange special funds respectively, and subsidize farmers and agricultural production and management organizations to purchase the advanced and applicable agricultural machinery popularized under the support of the state. The principle of fairness, justness, timeliness and validity shall be followed for the use of such subsidies. They may be issued to farmers and farm production and management organizations. The financial institutions may be supported to grant loans by ways of paying interests in the form of discount to farmers and agricultural production and management organizations for their purchase of advanced and applicable agricultural machinery. The specific measures shall be formulated by the State Council. Article 28. The tax preference shall be granted to the income from undertaking the service of agricultural machinery production operation according to the state provisions. The state shall, according to the need of agriculture and rural economic development, allocate finance subsidies to the fuel used for operation by the agricultural production operation of agricultural machinery. The subsidies of fuel shall be issued directly to the farmers and agricultural production and management organizations that undertake agricultural machinery operation. The specific measures shall be formulated by the State Council. Article 29. The local people's governments at all levels shall take measures to strengthen the construction and maintenance of infrastructure such as the rural mechanized farming roads to create conditions for agricultural mechanization. The departments in charge of the work of agricultural mechanization of the local people's governments at or above the county level shall establish the system of collecting, sorting out and issuing agricultural mechanization information, so as to provide information service gratis for farmers and agricultural production and management organizations. CHAPTER VII LEGAL LIABILITIES Article 30. Those violating the provisions of Article 15 shall be punished in accordance with the relevant provisions of the product quality law. In case a crime is committed, criminal liabilities shall be prosecuted for according to law. Article 31. In case any driver or operator of agricultural machines violates the safety operational procedures prescribed by the state, and operates in violation of regulations, he/she shall be ordered to correct and punished in accordance with the relevant laws and administrative regulations. If a crime is committed, criminal liabilities shall be prosecuted for according to law. Article 32. In case any agricultural machinery testing and appraisal institution fails to make appraisal for the producers and distributors of agricultural machinery as required in the appraisal work, or forges appraisal conclusions, or issues false certificate, which causes damage to the users of agricultural machinery, it shall undertake compensation liabilities according to law. Article 33. In case the competent administrative department of agriculture of the State Council or the departments in charge of the work of agricultural mechanization of the local people's government at or above the county level violate the present Measures, force or force in disguised forms the producers and distributors of agricultural machinery to make appraisal on the agricultural machinery products they produce or sell, the superior competent department or supervision department shall order it to correct within a prescribed time limit, and impose an administrative punishment on the person in charge who is directly responsible or other persons directly liable. Article 34. In case any one violates the provisions of Articles 27 and 28 of the present Law, withholds and embezzles the relevant subsidy funds, the superior competent department shall order him/it to return the funds withheld or embezzled within a prescribed time limit, and confiscate the illegal gains. And the superior competent department or supervision department or this entity shall impose an administrative punishment on the person in charge who is directly responsible and other persons directly liable. If a crime is committed, criminal liabilities shall be prosecuted for according to law. CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 35. The present Measures shall come into force as of November 1, 2004. |
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