Law of the peoples Republic of China on Promotion of Agricultural Mechanization 中华人民共和国农业机械化促进法

（Adopted at the 10th Meeting of the Standing Committee of the Tenth National people's Congress on June 25， 2004）

颁布日期：20040625 　实施日期：20041101 　颁布单位：全国人大常委会

　　Order of the President of the People's Republic of China

　　No.16

　　The law of the people's Republic of China on Promotion of Agricultural Mechanization， adopted at the 10th Meeting of the Standing Committee of the Tenth National people's Congress of the people's Republic of China on June 25， 2004， is hereby promulgated and shall go into effect as of November 1， 12004.

　　Hu Jintao

　　President of the People's Republic of China

　　June 25， 2004

　　Contents

　　Chapter ⅠGeneral Provisions

　　Chapter ⅡScientific Research and Development

　　Chapter ⅢQuality Safeguards

　　Chapter ⅣWidespread Use

　　Chapter ⅤCommercialized Services

　　Chapter ⅥSupport Measures

　　Chapter ⅦLegal Responsibility

　　Chapter ⅧSupplementary provisions

　　Chapter Ⅰ

　　General Provisions

　　Article 1 This Law is enacted with a view to encouraging and supporting peasants and agricultural and operation organization to use advanced and applicable agricultural machines， promoting the mechanization of agriculture and developing modern agriculture.

　　Article 2 For purposes of this Law mechanization of agriculture means the process of improving the conditions of agricultural production and operation and continually raising the technological level of agricultural production and increasing the economic and ecological benefits of agriculture by equipping agriculture with advanced and applicable agricultural machines.

　　For purposes of this Law， agricultural machines mean the machines and equipment used for agricultural production， primary processing of agricultural products and other activities relating to farming.

　　Article 3 people's governments at or above the county level shall incorporate the promotion of agricultural mechanization into their plans of national economic and social development， and take such measures as financial support， preferential taxation policy as prescribed by the State and financial aid， in order to gradually increase capital input into the mechanization of agriculture， give full play to the role of market mechanism， and promote the development of agricultural mechanization in compliance with the principles of adapting to local conditions， ensuring economic results， guaranteeing safety and protecting the environment.

　　Article 4 The State provides guidance and support to production and operation organizations in their efforts to select advanced and applicable agricultural machines on their own. No units or individuals shall compel peasants and agricultural production and operation organizations t purchase agricultural machines they designate.

　　Article 5 The State takes measures to publicize and disseminate scientific and technological knowledge about agricultural mechanization， to train people in professional skills needed for such mechanization， to promote information services for and t raise the level of such mechanizations.

　　Article 6 The administrative departments for agriculture under the State Council and other departments in charge of the work of agricultural mechanization shall， in accordance with each other， joining the efforts in successfully promoting agricultural mechanization.

　　The departments in charge of the work of agricultural mechanization under the local people's governments at or above the county level and other departments concerned shall， in accordance with the division of their respective duties， closely cooperate with each other， joining efforts in successfully promoting agricultural mechanization within their own administrative areas.

　　Chapter Ⅱ

　　Scientific Research and Development

　　Article 7 people's gov

ernments at or above the provincial level and the relevant departments under them shall make arrangement for the units concerned to take such measures as tackling key technical problems and making experiments and demonstrations for the purpose of promoting basic and key scientific researches in agricultural machinery for the public good and the wide use of advanced and applicable agricultural machines.

　　Article 8 The State supports the scientific research institution， colleges and universities concerned to redouble their efforts in scientific and technological research in agricultural mechanization and， based on the different conditions of agricultural production and different needs of peasants， to make research and develop advanced and applicable agricultural machines； and it supports the efforts made to combine scientific research and teaching of agricultural machinery with their manufacturing and the promotion of their wide use in order that agricultural machinery will be geared to the needs of the technological development of agricultural production.

　　Article 9 The State supports the manufactures of agricultural machines in their efforts to develop advanced and applicable agricultural machines and， by adopting advanced technologies， techniques and materials， to enhance the quality and raise the technological level of their products， reduce their costs of production and provide serialized and standardized and standardized agricultural machines characterized by multifunction， high quality， energy saving and reasonable price.

　　Article 10 The State supports the introduction and use of advanced agricultural machines， their key spare parts and technology， and encourages the efforts to absorb foreign funds for purpose of conducting research in， developing， manufacturing and dealing in agricultural machines.

　　Chapter Ⅲ

　　Quality Safeguards

　　Article 11 The State strengthens the establishment of a standard system for agricultural mechanization， formulates and improves the standards for the quality of the agricultural machines manufactured， the quality of their repairs and maintenance and the quality of their operation. In respect of the technical requirements for the agricultural machines manufactured relating to personal safety， quality and safety of agricultural products and protection of the environment， mandatory technological standards shall be formulated in accordance with the provisions of relevant laws and administrative regulations.

　　Article 12 Supervisory departments for product quality shall， according to law， be in charge of supervision over and spotcheck of the quality of the agricultural machines manufactured.

　　Administrative departments for industry and commerce shall， according to law， tighten supervision and control over the markets of the agricultural machines manufactured.

　　The administrative departments for agriculture under the State Council and the departments in charge of the work of agricultural mechanization under the people's governments at the provincial level may， based on the complaints by the users of agricultural machines and on the actual need of agricultural production， arrange surveys of the applicability， safety， reliability and after-sale services of a particular type of the manufactured agricultural machines that are in use， and publish the results of the surveys.

　　Article 13 Manufacturers and sellers of agricultural machines shall be responsible for the quality of the machines manufactured or sold by them， an shall in accordance with relevant State regulations， be responsible for such after-sale services as the supply of spare parts and training.

　　Manufacturers of agricultural machines shall， in accordance with State standards， industrial standards and the requirements of ensuring personal safety， install safety and protection devices on， and attach warning sings and warning in Chinese to， the agric

ultural machines manufactured by them.

　　Article 14 Where agricultural machines manufactured do not meet the quality requirements， the manufacturers or sellers of the machines shall be responsible for their repairs， replacement or return； and where losses in agricultural output or other losses are caused to the users of the agricultural machines， they shall compensate the users for the losses according to law. The users of the machines shall have the right to demand that the sellers of the machines make the compensation first. After the compensation is made by the sellers of the machines， if the responsibility rests with the manufacturers of the machines， the said sellers shall have the right to demand recovery from the said manufacturers.

　　Where personal injuries or property losses are caused due to defects in agricultural machines， the manufacturers and sellers of machineries shall make compensations according to law.

　　Article 15 Manufactured agricultural machines included in the catalogue of the products the certification of which is required by law but which are not certified or attached with the signs of certification are prohibited from leaving the factory， being sold or imported.

　　Agricultural machined which do not meet the mandatory requirements of the technological standards of the State are prohibited from being manufactured and sold.

　　Assembling of agricultural machines with defective or substandard spare parts or with spare parts of scrapped machines are prohibited.

　　Chapter Ⅳ

　　Widespread Use

　　Article 16 The State supports efforts to promote the wide use of advanced and applicable agricultural machines among peasants and agricultural production and operation organizations. The agricultural machines the wide us

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