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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II ADMINISTRATIVE INSTITUTIONS CHAPTER III ESTABLISHMENT OF MOBILE STATIONS AND WORK STATIONS CHAPTER IV ENROLLMENT OF POSTDOCTORAL RESEARCHERS CHAPTER V ADMINISTRATION OF POSTDOCTORAL RESEARCHERS CHAPTER VI ADMINISTRATION OF FUNDS FOR POST-DOCTORAL RESEARCHERS AND EVALUATION OF THEIR WORK CHAPTER VII WAGES AND WELFARE OF POSTDOCTORAL RESEARCHERS, TRANSFER OF THEIR PERMANENT RESIDENCE AND THEIR RESPECTIVE SPOUSES AND CHILDREN CHAPTER VIII POSTDOCTORAL SCIENCE FOUNDATION CHAPTER IX SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Provisions are formulated in accordance with the guideline of the State on implementing the strategy of talented people in order to guarantee the healthy development of the postdoctoral undertaking, strengthen and regulate the administration of post-doctoral researchers. Article 2. The State establishes a postdoctoral system, which aims at educating, attracting and using high-level and distinguished talented people. For the administration of post-doctoral researchers, the principle of combining governmental domination with public participation, and the principles of publicity, equality, competition, and selecting the best shall be adhered to. Article 3. The administration of post-doctoral researchers mentioned in the present Provisions means the administration of mobile stations of postdoctoral scientific researchers (hereinafter referred to mobile stations), work stations of postdoctoral scientific researchers (hereinafter referred to work stations), postdoctoral researchers and the related work. Article 4. A mobile station mentioned in the present Provisions means an organization within the first level of specialty division in an institution of higher education or scientific research institution, and which is approved to enroll postdoctoral researchers. A Work station mentioned in the present Provisions means an organization within an enterprise, a public institution of scientific research or productive type or a particular regional institution, which is approved to enroll and educate postdoctoral researchers. The persons who engage in research in mobile stations or work stations are called postdoctoral researchers. CHAPTER II ADMINISTRATIVE INSTITUTIONS Article 5. The Ministry of Human Resources and Social Security shall be in charge of the administration of post-doctoral researchers throughout the country, be responsible for formulating policies, rules and planning on the nation-wide administration of post-doctoral researchers and organizing the implementation thereof. The National Administrative Committee of Post-Doctoral Researchers shall be composed of the responsible persons of the institutions of personnel, science and technology, education, finance, etc. under the State Council, the responsible persons of the relevant regions, and the experts, which shall be responsible for researching and coordinating the key issues in the national postdoctoral work. The Office of the National Administrative Committee of Post-Doctoral Researchers is set up in the Department for Administration of Professionals under the Ministry of Human Resources and Social Security, which shall be responsible for the specific affairs and daily administration of the national postdoctoral work. Article 6. The departments of personnel of the governments of provinces, autonomous regions, municipalities directly under the Central Government, and the departments of personnel (cadres) of the relevant ministries and commissions under the State Council shall be responsible for the administration of post-doctoral researchers within their respective regions or institutions in accordance with relevant provisions. Article 7. An entity which has established a mobile station or work station (hereinafter referred to a station-establishing entity) shall be specifically responsible for the administration of post-doctoral researchers within its entity. CHAPTER III ESTABLISHMENT OF MOBILE STATIONS AND WORK STATIONS Article 8. If an institution of higher education or a scientific research institution applies for establishing a mobile station, it shall meet the following basic conditions: It has the subjects, majors on which doctoral degrees may be granted, has a certain number of advisors for doctor's degree, and has educated persons who have obtained doctoral degrees; it has strong scientific research competence and high academic level, and undertakes high-level research projects; its scientific research occupies a domestic leading position; it has the conditions and expenses necessary for scientific research, and is able to provide postdoctoral researchers with necessary living conditions. Article 9. If a large or particularly large enterprise or enterprise group, a public institution of scientific research or productive type, a hi-tech enterprise of certain scale, an enterprise or other organization in a hi-tech development zone, economic and technological development zone, returned overseas students entrepreneur park, etc. applies for establishing a work station, it shall meet the following basic conditions: It has a national enterprise technology center or an improved research and development institution, and has high-level scientific and technological staff and high-level scientific research projects; it has strong economic and technological competence, stresses the work on talented people, and is able to provide postdoctoral researchers with good scientific research conditions and necessary living conditions. Article 10. For the establishment a mobile station, the entity that plans to establish the station shall file an application to the department of personnel of the province, autonomous region, or municipality directly under the Central Government or its superior competent department. The application shall be subject to the discussion and examination of the expert appraisal committee, and to the verification of the Ministry of Human Resources and Social Security and the National Administrative Committee of Post-Doctoral Researchers for approval. Article 11. For the establishment of a work station, the entity that plans to establish the station shall file an application to the department of personnel of the province, autonomous region, municipality directly under the Central Government where it is located or its superior competent department. The application shall be subject to deliberation by experts and then to examination and verification of the Ministry of Human Resources and Social Security for approval. CHAPTER IV ENROLLMENT OF POSTDOCTORAL RESEARCHERS Article 12. A healthy person under 40 who has obtained a doctoral degree and is good both in moral quality and in scholarship may apply to engage in postdoctoral research. A person in employment shall not concurrently engage in postdoctoral research. Article 13. A person who applies to engage in postdoctoral research shall file a written application to station-establishing entity, and submit the relevant materials of proof. A post doctorate researcher enrolled by entrustment contract or by target training, an in-service person or a person with the identity as a serviceman, who applies to engage in postdoctoral research, shall submit to station-establishing entity the materials proving that the entrusting entity, the entity of target training, the employing entity or the army force where he serves consents to his engagement in postdoctoral research. Article 14. A doctor returned from abroad who engages in postdoctoral research may obtain financial supports from the State at a rate for persons of the same category, and may, at his discretion, choose station-establishing entity or the entity (subject) not establishing the station but with conditions for postdoctoral research to carry out the postdoctoral research. He may also depend on a domestic key scientific research project to complete the postdoctoral research abroad. Article 15. A doctor educated by a station-establishing entity shall not, unless being approved under a particular circumstances, apply to engage in postdoctoral research in the mobile station of the same first level of specialty division in the entity. Article 16. A work station shall enroll and educate postdoctoral researchers jointly with a mobile station. Both entities shall, in compliance with the principles of complementary advantages, mutual preferences and benefits, guarantee of quality, and common profits, conclude an agreement to clarify their respective rights and obligations. A work station with the ability of educating postdoctoral researchers independently may, upon approval, separately enroll postdoctoral researchers. Article 17. A station-establishing entity shall deliberate and examine the scientific research ability, academic level and scientific research achievements of those who apply for postdoctoral research, select the qualified ones for enrollment, and handle the formalities of entry into the station and of permanent residence registration in accordance with relevant provisions, and have registration in the Ministry of Human Resources and Social Security. Article 18. An entity not establishing the station or a subject of the station-establishing entity which is not eligible for establishing stations may, if undertaking a key scientific research project of the State, be approved to enroll project postdoctoral researchers depending on the key scientific research project of the State. CHAPTER V ADMINISTRATION OF POSTDOCTORAL RESEARCHERS Article 19. The period for a postdoctoral researcher to work in a station shall, generally speaking, be 2 years, and may be properly extended if scientific research so requires, but shall not be any longer than 3 years. The postdoctoral researcher must leave the station upon the expiry of the period, or be transferred to another mobile station or work station to engage in postdoctoral research. Article 20. A postdoctoral researcher shall, during his stay in a station, be subject to the administration of the station-establishing entity in respect of administrative relationship, wage and organizational subordination. Article 21. A postdoctoral researcher shall conclude a work agreement with station-establishing entity. The ownership of the research achievements of the postdoctoral researcher shall be determined in accordance with the relevant intellectual property laws and regulations of the State. Article 22. A postdoctoral researcher may, during his stay in the station, go abroad to attend international academic symposiums or for short-term academic exchanges according to the demand of the research project and upon approval of the station-establishing entity, with the time period not exceeding, as a general rule, 3 months. The time period may be properly extended where scientific research so requires. Article 23. Postdoctoral researchers shall, during their stay in stations, be assessed regularly. The postdoctoral researchers who have made distinguished research achievements and acquit themselves excellently shall be commended and encouraged. Article 24. If a postdoctoral researcher is under any of the following circumstances during his stay in the station, he shall withdraw from the station. (1) he is assessed to be unqualified; (2) he is imposed upon an administrative sanction other than warning; (3) he is absent from work without good reasons for consecutively 15 days or for 1 month accumulatively within 1 year; (4) he is sicken for too long to complete the research project; (5) he went abroad and it is 1 month or more since the time he should have been back; or (6) other circumstances under which he shall withdraw from the station. A postdoctoral researcher who has withdrawn from the station shall no longer enjoy the treatments for postdoctoral researchers, and his permanent residence shall be transferred, with the assistance of the department of personnel of the government of the related province, autonomous region, municipality directly under the Central Government or the Ministry of Human Resources and Social Security. Article 25. A postdoctoral researcher shall, after expiry of the period for his work, file written materials such as work summary, research report, etc. to station-establishing entity. Article 26. A station-establishing entity shall, after receiving the application of a postdoctoral researcher for leaving the station, organize relevant experts to evaluate and examine his scientific research, and form written materials and put them into his personal archives. Article 27. If a postdoctoral researcher leaves a station after expiry of the period for work, the station-establishing entity may, on the basis of his scientific research ability, academic level and work achievements during his stay in the station, determine his title for holding professional posts or render suggestions on holding professional posts in accordance with the relevant provisions of the State. Article 28. If a postdoctoral researcher leaves a station after expiry of the period for work, he shall find a job on a two-way selection basis unless otherwise stipulated in the agreement. Article 29. A postdoctoral researcher who is assessed to be qualified and who is to leave the station, shall be issued the "Certificate of Post Doctorate" produced under supervision of the Ministry of Human Resources and Social Security and the National Administrative Committee of Post-Doctoral Researchers. CHAPTER VI ADMINISTRATION OF FUNDS FOR POST-DOCTORAL RESEARCHERS AND EVALUATION OF THEIR WORK Article 30. The daily expenses for post-doctoral researchers are special expenses used in postdoctoral researchers' daily life and scientific research subsidies, which mainly come from the funds raised from fiscal allocations of the Central Government or the local governments and the entities establishing the station. Article 31. The daily expenses for post-doctoral researchers shall be uniformly managed by the station-establishing entity, which shall set up a separate account, and use the money for special purposes. The entity establishing the station may draw expenses at the rate of not more than 3% of the total amount of the said daily expenses and use them in its administration of post-doctoral researchers. Article 32. The rates of financial supports of daily expenses for post-doctoral researchers shall be jointly set forth by the Ministry of Human Resources and Social Security and the Ministry of Finance, and the rate of expenses raised by the postdoctoral researchers themselves who are enrolled by the station-establishing entity shall not be lower than the rates set forth by the State. Article 33. A system of evaluation of postdoctoral work shall be established and implemented to strengthen and regulate the administration of post-doctoral researchers. The specific evaluation measures shall be formulated by the Ministry of Human Resources and Social Security, which shall also organize the implementation thereof. Article 34. The Ministry of Human Resources and Social Security shall, in light of the result from evaluation, commend the entities establishing the station which are excellent at management, and impose warnings upon those poor in management, order them to make rectifications within a time limit or cancel their qualification to establish the station. CHAPTER VII WAGES AND WELFARE OF POSTDOCTORAL RESEARCHERS, TRANSFER OF THEIR PERMANENT RESIDENCE AND THEIR RESPECTIVE SPOUSES AND CHILDREN Article 35. The wages and welfare of a postdoctoral researcher during his stay in the station shall be determined through negotiation between the researcher himself and the station-establishing entity in compliance with the principle of not lower than the wages of a person in station-establishing entity who is at the same position and under the same conditions. A postdoctoral researcher shall, during his stay in the station, be considered an employee of station-establishing entity for management, and enjoy welfare treatments such as social insurance and housing accumulation fund, in the same way as a staff member of the said entity at the time of his entry into the station and in accordance with relevant provisions. Article 36. A station-establishing entity shall provide postdoctoral researchers with necessary living conditions including dwelling in various forms. If the station-establishing entity provides an apartment to the post doctoral researcher, fees shall be charged in accordance with relevant provisions of the State. After the postdoctoral researcher leaves the station, he shall move out of the apartment in time. Article 37. A postdoctoral researcher who enters a station shall settle his permanent residence registration in the city where the station-establishing entity is located, and shall bring the letter of introduction and other effective materials of proof issued by the department of personnel of the government of the relevant province, autonomous region, municipality directly under the Central Government to go through the formalities for transferring out and re-settling the permanent residence in the residence administration of the public security organ; the postdoctoral researcher's spouse and minor child (children) may move together with him, and shall go through the formalities of temporary residential household registration in the dispatched office of the local public security organ in accordance with relevant provisions. Article 38. A postdoctoral researcher who leaves the station upon expiry of the period shall bring the letter of introduction and other effective materials of proof issued by the Department for Administration of Professionals under the Ministry of Human Resources and Social Security or by the department of personnel of the government of the relevant province, autonomous region, or municipality directly under the Central Government to go through the formalities for transferring and re-settling the permanent residence registration of his own, his spouse and minor child (children) in the household administration of the public security organ. Article 39. A postdoctoral researcher may, during his stay in the station, hold the letter of introduction issued by the Department for Administration of Professionals under the Ministry of Human Resources and Social Security or by the department of personnel under the government of the relevant province, autonomous region, or municipality directly under the Central Government to go through the relevant procedures for his child (children) to enter into a nursery or school, and enjoy the same treatments as those of the locally registered permanent residents. The entity establishing the station shall provide assistance. CHAPTER VIII POSTDOCTORAL SCIENCE FOUNDATION Article 40. The state sets up China Postdoctoral Science Foundation to support the young and excellent talented people, who have the potentiality in scientific research and distinguished talent, among the postdoctoral researchers. Article 41. The funds of China Postdoctoral Science Foundation mainly come from the special fiscal allocations of the State, the fiscal allocations of the governments at all levels, and donations from various institutions, organizations, entities and individuals both home and abroad. Article 42. China Postdoctoral Science Foundation shall be responsible for evaluating, examining and administering the funds thereof. The conditions for application, project establishment, amount of financial supports and method of use of the funds of China Postdoctoral Science Foundation shall comply with the "Regulation of China Postdoctoral Science Foundation on Financial Supports". CHAPTER IX SUPPLEMENTARY PROVISIONS Article 43. The departments of personnel of all provinces, autonomous regions, municipalities directly under the Central Government and the offices of personnel (cadres) of the relevant institutions under the State Council may formulate implementing measures in combination with the actual situation of their own respective regions or institutions. Article 44. The power to interpret the present Provisions shall remain with the Ministry of Human Resources and Social Security. |
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