Agricultural Technology Extension Law of the People's Republic of China

Agricultural Technology Extension Law of the People's Republic of China

(Adopted at the Second Session of the Standing Committee of the Eighth National People's Congress on July 2, 1993; amended for the first time in accordance with the Decision on Amending the Agricultural Technology Promotion Law of the People's Republic of China at the 28th Session of the Standing Committee of the Eleventh National People's Congress on August 31, 2012; and amended by the Standing Committee of the National People's Congress at the Ninth Session of the Standing Committee of the 14th National People's Congress on April 26, 2024<中华人民共和国农业技术推广法>, <中华人民共和国未成年人保护法>, , the <中华人民共和国生物安全法>decision of the second amendment)

Table of Contents

Chapter I: General Provisions

Chapter II Agricultural Technology Extension System

Chapter III Popularization and Application of Agricultural Technology

Chapter IV Safeguard Measures for the Extension of Agricultural Technology

Chapter V: Legal Responsibility

Chapter VI Supplementary Provisions

Chapter I: General Provisions

Article 1 This Law is enacted in order to strengthen the popularization of agricultural technology, to promote the application of agricultural scientific research results and practical technologies to agricultural production as soon as possible, to enhance the ability of science and technology to support and guarantee, to promote the sustainable development of agriculture and the rural economy, and to realize agricultural modernization.

Article 2 The term "agricultural technology" as used in this Law refers to scientific research achievements and practical technologies applied to cropping, forestry, animal husbandry, and fishery, including:

(A) improved seed breeding, cultivation, fertilizer application and breeding technology;

(2) Plant pests and diseases, animal diseases and other pest control technologies;

(3) Harvesting, processing, packaging, storage, and transportation technologies for agricultural products;

(4) Technology for the safe use of agricultural inputs and the quality and safety of agricultural products;

(5) Farmland water conservancy, rural water supply and drainage, soil improvement and soil and water conservation technologies;

(6) Agricultural mechanization, agricultural aviation, agricultural meteorology and agricultural information technology;

(7) Agricultural disaster prevention and mitigation, agricultural resources and agricultural ecological security, and rural energy development and utilization technologies;

(8) Other agricultural technologies.

The term "popularization of agricultural technology" as used in this Law refers to the activities of popularizing agricultural technology in the whole process of agricultural pre-production, production, and post-production through experiments, demonstrations, training, guidance, and consulting services.

Article 3 The State shall support the popularization of agricultural technology, accelerate the popularization and application of agricultural technology, and develop high-yield, high-quality, efficient, ecological, and safe agriculture.

Article 4 The following principles shall be followed in the extension of agricultural technology:

(1) Conducive to the sustainable development of agriculture and rural economy and increasing farmers' incomes;

(2) Respect the wishes of agricultural workers and agricultural production and operation organizations;

(3) Adapting measures to local conditions, through testing and demonstration;

(4) Categorical management of public welfare promotion and business promotion;

(5) Take into account economic and social benefits, and pay attention to ecological benefits.

Article 5 The State encourages and supports scientific and technological personnel in the development, popularization and application of advanced agricultural technology, and encourages and supports agricultural laborers and agricultural production and operation organizations in the application of advanced agricultural technology.

The State encourages the use of modern information technology and other advanced means of communication to popularize knowledge of agricultural science and technology, innovate ways and means of agricultural technology promotion, and improve the efficiency of extension.

Article 6 The State encourages and supports the introduction of advanced foreign agricultural technology and promotes international cooperation and exchanges in the promotion of agricultural technology.

Article 7 The people's governments at all levels shall strengthen their leadership over the extension of agricultural technology, organize relevant departments and units to take measures to improve the level of agricultural technology extension services, and promote the development of agricultural technology extension.

Article 8 Units and individuals who have contributed to the promotion of agricultural technology shall be rewarded.

Article 9 The departments of agriculture and rural affairs, forestry and grassland, and water conservancy under the State Council (hereinafter collectively referred to as agricultural technology extension departments) shall, in accordance with their respective duties, be responsible for the relevant agricultural technology extension work nationwide. Under the leadership of the people's governments at the same level, the agricultural technology extension departments of the local people's governments at or above the county level shall be responsible for the relevant agricultural technology extension work within their respective administrative areas in accordance with their respective duties. Other relevant departments of the people's governments at the same level shall, in accordance with their respective duties, be responsible for the work related to the promotion of agricultural technology.

Chapter II Agricultural Technology Extension System

Article 10 The promotion of agricultural technology shall be carried out in a system that combines the national agricultural technology extension institutions with agricultural scientific research units, relevant schools, professional farmer cooperatives, agriculture-related enterprises, mass scientific and technological organizations, and farmer technicians.

The State encourages and supports supply and marketing cooperatives, other enterprises and institutions, social organizations, and scientific and technological personnel from all walks of life to carry out agricultural technology extension services.

11th national agricultural technology extension institutions at all levels belong to public service institutions, perform the following public welfare duties:

(1) The introduction, testing and demonstration of key agricultural technologies determined by the people's governments at all levels;

(2) Monitoring, forecasting and prevention of plant diseases and pests, animal diseases and agricultural disasters;

(3) Inspection, testing, monitoring and consulting technical services in the production process of agricultural products;

(4) Monitoring services for agricultural resources, forest resources, agricultural ecological security, and the use of agricultural inputs;

(5) Technical services for water resources management, flood prevention and drought relief, and farmland water conservancy construction;

(6) Agricultural public information and agricultural technology publicity, education and training services;

(7) Other duties provided for by laws and regulations.

12th in accordance with the principle of scientific rationality, concentration of forces and the distribution of agricultural characteristics, forest resources, water systems and water conservancy facilities at the county level, according to local conditions set up county, township or regional national agricultural technology extension institutions.

Township and township national agricultural technology extension institutions may implement the system of management of agricultural technology extension departments of county-level people's governments or management of township people's governments and operational guidance of agricultural technology extension departments of county-level people's governments, which shall be determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

13th national agricultural technology extension agencies staffing should be based on the service area of the planting scale, service scope and tasks reasonably determined, to ensure the performance of public welfare duties.

The post setting of the national agricultural technology extension agency shall be dominated by professional and technical posts. The posts of the township state agricultural technology extension institutions shall all be professional and technical posts, and the professional and technical posts of the county-level national agricultural technology extension institutions shall not be less than 80 percent of the total number of posts in the institutions, and the professional and technical posts of other national agricultural technology extension institutions shall not be less than 70 percent of the total number of posts in the institutions.

Article 14 The professional and technical personnel of the State Agricultural Technology Extension Agency shall have the corresponding professional and technical level and meet the requirements of the job responsibilities.

The new professional and technical personnel employed by the State Agricultural Technology Extension Agency shall have a college degree or above, and have passed the professional and technical level assessment organized by the relevant departments of the people's governments at or above the county level. Autonomous counties, ethnic townships, and contiguous poverty-stricken areas designated by the state may, with the approval of the relevant departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, employ personnel with relevant technical secondary school academic qualifications or other personnel with corresponding professional and technical levels.

The State encourages and supports graduates of institutions of higher learning and scientific and technological personnel to engage in agricultural technology extension work at the grassroots level. The people's governments at all levels shall take measures to attract qualified personnel and enrich and strengthen the contingent of grassroots agricultural technology extensions.

Article 15 The State encourages and supports village agricultural technical service stations and farmer technicians to carry out agricultural technology promotion. Subsidies shall be given to farmers and technicians to assist in carrying out public welfare agricultural technology promotion activities in accordance with regulations.

Farmer technical personnel who meet the requirements of the assessment may be awarded the corresponding technical title in accordance with the relevant provisions and issued a certificate.

The State Agricultural Technology Extension Agency shall strengthen the guidance of village agricultural technical service stations and farmer technicians.

Villagers' committees and village collective economic organizations shall promote and help village agricultural technical service stations and farmers' technical personnel to carry out their work.

Article 16 Agricultural scientific research units and relevant schools shall, in accordance with the needs of rural economic construction and development, carry out the development and popularization of agricultural technology, and accelerate the popularization and application of advanced technology in agricultural production.

Agricultural research units and relevant schools shall take the actual performance of their scientific and technological personnel engaged in agricultural technology extension work as an important part of the work assessment and professional title evaluation.

Article 17 The State encourages farms, forestry farms, pastures, fisheries, and water conservancy project management units to carry out agricultural technology extension services for the public.

Article 18 The State encourages and supports the development of mass scientific and technological organizations such as rural professional and technical associations, and gives play to their role in the promotion of agricultural technology.

Chapter III Popularization and Application of Agricultural Technology

Article 19 The promotion of major agricultural technologies shall be included in the relevant national and local development plans and plans, and shall be organized and implemented by the agricultural technology extension departments in conjunction with relevant departments in accordance with their respective responsibilities.

Article 20 Agricultural scientific research units and relevant schools shall list the technical problems that need to be solved in agricultural production as research topics, and their scientific research results may be popularized through the relevant agricultural technology extension units or directly to agricultural laborers and agricultural production and operation organizations.

The State shall guide agricultural research units and relevant schools to carry out public welfare agricultural technology extension services.

Article 21 Agricultural technologies to be disseminated to agricultural laborers and agricultural production and operation organizations must be tested and proven to be advanced, applicable and safe in the areas where they are promoted.

Article 22 The State encourages and supports agricultural laborers and agricultural production and operation organizations to participate in the promotion of agricultural technology.

The relevant departments and units concerned shall provide support to agricultural laborers and agricultural production and operation organizations in the application of advanced agricultural technology in the areas of technical training, funds, materials, and sales.

Agricultural laborers and agricultural production and operation organizations shall apply agricultural technology on a voluntary basis, and no unit or individual shall compel it.

To popularize agricultural technology, qualified farmers, regions or engineering projects shall be selected for application demonstration.

Article 23 The county and township national agricultural technology extension institutions shall organize agricultural workers to learn agricultural science and technology knowledge and improve their ability to apply agricultural technology.

Departments such as for education, human resources and social security, agriculture and rural affairs, forestry and grassland, water conservancy, and science and technology shall support agricultural research units and relevant schools in carrying out vocational and technical education and technical training related to agricultural technology extension, and improve the technical quality of agricultural technology extension personnel and agricultural laborers.

The State encourages social forces to carry out agricultural technology training.

Article 24 State agricultural technology extension institutions at all levels shall conscientiously perform the public welfare duties provided for in Article 11 of this Law, promote agricultural technology to agricultural workers and agricultural production and operation organizations, and provide free services.

Units and scientific and technological personnel other than the national agricultural technology extension agency provide agricultural technology in the form of technology transfer, technical services, technology contracting, technical consultation and technical shareholding, etc., and may implement paid services, and their legitimate income and intellectual property rights such as new plant varieties and agricultural technology patents are protected by law. For agricultural technology transfer, technical services, technology contracting, technical consultation and technology shareholding, the parties shall enter into a contract and stipulate their respective rights and obligations.

Article 25 The State encourages and supports professional farmer cooperatives and agriculture-related enterprises to adopt various forms to provide relevant technical services for farmers in the application of advanced agricultural technology.

Article 26 The State encourages and supports the construction of agricultural demonstration zones focusing on the production of bulk agricultural products and advantageous and characteristic agricultural products, giving play to the leading role of demonstration zones in the promotion of agricultural technology, and promoting the development of agricultural industrialization and the construction of modern agriculture.

Article 27 The people's governments at all levels may adopt methods such as purchasing services to guide social forces to participate in public welfare agricultural technology extension services.

Chapter IV Safeguard Measures for the Extension of Agricultural Technology

Article 28 The State shall gradually increase its investment in the promotion of agricultural technology. The people's governments at all levels shall, within their budgets, guarantee the funds for the promotion of agricultural technology and increase the funds year by year in accordance with the regulations.

The people's governments at all levels shall raise special funds for the promotion of agricultural technology for the implementation of agricultural technology extension projects through financial allocations and the withdrawal of a certain proportion of funds from the Agricultural Development Fund. The central government provides subsidies for the promotion of major agricultural technologies.

The work expenses of county and township national agricultural technology extension institutions shall be determined according to the scale and performance of local services, and shall be jointly borne by all levels of finance.

No unit or individual may withhold or misappropriate funds for the promotion of agricultural technology.

Article 29 The people's governments at all levels shall take measures to ensure and improve the working conditions, living conditions and treatment of the professional and technical personnel of the county and township national agricultural technology extension institutions, and provide subsidies in accordance with the provisions of the State to maintain the stability of the national agricultural technology extension team.

The evaluation of the professional and technical personnel engaged in agricultural technology extension work in counties, towns and villages shall be based on the assessment of their professional and technical level and actual performance in the extension work.

Article 30 The people's governments at all levels shall take measures to ensure that the national agricultural technology extension institutions obtain the necessary working conditions such as experimental demonstration sites, office space, extension and training facilities and equipment.

Local people's governments at all levels shall ensure that the experimental demonstration sites, means of production and other property of the State Agricultural Technology Extension Agency are not infringed upon.

Article 31 Agricultural technology extension departments and national agricultural technology extension institutions at or above the county level shall carry out technical training for agricultural technology extension personnel in a planned manner, organize professional training, and enable them to continuously update their knowledge and improve their professional level.

Article 32 Agricultural technology extension departments at or above the county level and township people's governments shall supervise and evaluate the performance of public welfare duties by the State agricultural technology extension institutions under their management.

Agricultural technology extension departments at all levels and national agricultural technology extension institutions shall establish a professional and technical personnel work responsibility system and evaluation system for national agricultural technology extension institutions.

The personnel of the township national agricultural technology extension institutions under the management of the agricultural technology extension departments of the people's governments at the county level shall fully listen to the opinions of the township people's governments and service objects in the areas they serve in their business evaluations, job hires and promotions.

The personnel of the township national agricultural technology extension institutions under the management of the township people's government and the business guidance of the agricultural technology extension department of the county-level people's government shall fully listen to the opinions of the agricultural technology extension department and service objects of the county-level people's government where they are located.

Article 33 Those engaged in agricultural technology extension services may enjoy preferential treatment in terms of taxation and credit as prescribed by the State.

Chapter V: Legal Responsibility

Article 34: Where the relevant departments of all levels of people's government and their staffs fail to perform their duties in accordance with the provisions of this Law, the directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law.

Article 35 Where the State agricultural technology extension institutions and their staff fail to perform their duties in accordance with the provisions of this Law, the competent authority shall order them to make corrections within a time limit and circulate criticism; The directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law.

Article 36 Whoever violates the provisions of this Law by promoting agricultural technology that has not been proven to be advanced, applicable or safe by test to agricultural laborers or agricultural production and operation organizations, and causes losses, shall be liable for compensation.

Article 37 Whoever violates the provisions of this Law by forcing agricultural laborers or agricultural production and operation organizations to apply agricultural technology, causing losses, shall be liable for compensation in accordance with law.

Article 38 Whoever violates the provisions of this Law by withholding or misappropriating funds for the promotion of agricultural technology shall be punished by the person in charge and other persons directly responsible in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Chapter VI: Supplementary Provisions

Article 39: This Law shall come into force on the date of promulgation.