國防部科技工業機構與法人團體從事研發產製維修辦法

The regulations (hereinafter "these Rules") are prescribed in accordance with the Paragraph 4 of Article 22 of the National Defense Law .

1Paragraph (1)

2Unless otherwise provided by treaties , agreements or national defense policies , priority shall be given to self-research and -development , self-production and -manufacture , self-maintenance and -repair of military weapons and equipment within the Republic of China (hereinafter "our country" , "ROC" or "Taiwan" , where appropriate) to meet national defense requirements by integrating the strength of the private sector . Where domestic supply is not possible and it is necessary to procure from abroad , technology transfer and certification shall be enforced with a view to developing the national defense technology industry .

3Paragraph (2)

4When integrating the strength of the private sector to engage in self-research and -development, self-production and -manufacture, self-maintenance and -repair, or technology transfer in accordance with the provision of the preceding paragraph, the cooperation or commissioning method shall be effectively used in the conduct thereof.

1Paragraph (1)

2The term "competent authority" as referred to in these Rules means the Ministry of National Defense.

3Paragraph (2)

4The term "Agencies-in-charge" as referred to in these Rules means the various authorities under the direct supervision of the Ministry of National Defense.

The term "National Defense Technology Institutions" as referred to in these Rules means organizations of various levels under the supervision of Ministry of National Defense conducting the activities with respect to the research and development, manufacturing or maintenance and repair relating to the national defense technology. industry.

The term "Private Entity" as referred to in these Rules means any corporation, partnership or sole proprietorship incorporated or established under the laws of the Republic of China (Taiwan, hereinafter "our country") or any foreign country, or any other domestic and foreign legal entity, organization or government authority, that may conduct the research and development, production and manufacture, or maintenance and repair activities related to the national defense technology industry.

The term "cooperation" as referred to in these Rules means the act of National Defense Technology Institutions and Private Entities in integrating the research and development, production and manufacture, or maintenance and repair resources owned respectively by one another, bearing the risks jointly, and sharing the benefits of integration.

The term "commissioning" as referred to in these Rules means the provision by the commissioning party of the research and development, production and manufacture, or maintenance and repair standards or other requirements to the commissioned party according to which the commissioned party will engage in actual research and development, production and manufacture, or maintenance and repair work at the budgeted expense of the commissioning party or at its own expense, and the commissioning party will, according to the result of the commission achieved or the volume of work completed, conduct a work completion inspection or make a remuneration payment to the commissioned party.

1When a National Defense Technology Institution cooperates with a Private Entity, gives a commission to, or accepts a commission from a Private Entity, it shall abide by the following principles:

2Subparagraph (1)

3relevance to the national defense technology industry.

4Subparagraph (2)

5integration of the special resources of the private sector so as to attain the expected benefit.

6Subparagraph (3)

7positive implementation of the objective of transferring technology to domestic Private Entities.

8Subparagraph (4)

9the priority objective of the technology transfer relating to the military weapons or equipments procured abroad shall be the establishment of a domestic, independent maintenance and repair system.

10

1The competence and responsibilities of the competent authority are as follows:

2Subparagraph (1)

3Prescribing the policies, systems and medium- to long- term objectives for the cooperation or mutual commissioning between National Defense Technology Institutions and Private Entities to engage in research and development, production and manufacture, or maintenance and repair work.

4Subparagraph (2)

5Approving the medium- to long- term plans submitted by the Agencies-in-charge.

6Subparagraph (3)

7Overall management of the control and assessment of the performance of the cooperation or mutual commissioning between the National Defense Technology Institutions and Private Entities to engage in research and development, production and manufacture, and maintenance and repair work.

8Subparagraph (4)

9

1The authority and responsibility of the Authority -in-charge are as follows:

2Subparagraph (1)

3Making recommendations on medium- to long-term objectives to the competent authority.

4Subparagraph (2)

5Submitting medium- to long-term plans for cooperation or mutual commissioning.

6Subparagraph (3)

7Approving work plans.

8Subparagraph (4)

9Reviewing and reporting control items for cooperation or mutual commissioning.

10Subparagraph (5)

11

1The authority and responsibility of National Defense Technology Institutions are as follows:

2Subparagraph (1)

3Making recommendations on medium- to long-term plans for cooperation or mutual commissioning.

4Subparagraph (2)

5Reviewing and submitting work plans.

6Subparagraph (3)

7Conducting preliminary review of cooperation or mutual commissioning items and the qualifications of Private Entities, and forwarding the cases for approval.

8Subparagraph (4)

9Collecting and analyzing cost data on research and development, production and manufacture, or maintenance items and forwarding the item data for approval.

10

1With the view to effectively integrating the forces of various circles to jointly promote the works set out in these Regulations, bringing about the development of national defense technology industry, and accelerating the efforts to achieve the objective of independent national defense, the competent authority may, in coordination with the Ministry of Economic Affairs and National Science and Technology Council, undertake the following tasks:

2Subparagraph (1)

3Studying and planning cooperation or mutual commissioning projects relating to the development of national defense technology industry.

4Subparagraph (2)

5Investigating and creating database on research and development, production and manufacture, or maintenance capabilities of national defense technology industry products.

6Subparagraph (3)

7In charge of the assessment and certification affairs of national defense technology industry.

8Subparagraph (4)

9

The National Defense Technology Institutions may, for the purpose of engaging in the research and development work through cooperation or mutual commissioning as prescribed by these Rules, establish a Research Park.

1Paragraph (1)

2The ownerships of intellectual property rights arising from the research and development, production and manufacture, or maintenance works done through cooperation or mutual commissioning between a National Defense Technology Institution and a Private Entity in accordance with these Regulations shall be expressly stipulated in the agreement.

3Paragraph (2)

4If the intellectual property rights under the preceding paragraph belong to the Private Entity, the agreement shall expressly stipulate that the National Defense Technology Institution shall have gratuitous, global, non-exclusive and non-assignable rights to the intellectual property; provided, however, that this requirement does not apply if the rights are assigned to a National Defense Technology Institution under the competent authority which has no cooperation or mutual commissioning arrangement with the Private Entity.

1Paragraph (1)

2The cooperation may be effected in the following manners:

3Subparagraph (1)

4Licensing, which includes the following four arrangements:

5Item (1)

6Where the intellectual property rights or proprietary technology is owned by the National Defense Technology Institution, the Private Entity is authorized to use the property or technology within a specific period of time in an exclusive or non-exclusive agreement.

7Item (2)

8Where the intellectual property rights or proprietary technology is owned by the Private Entity, the National Defense Technology Institution is authorized to use the property or technology within a specific period of time in an exclusive or non-exclusive agreement.

9Item (3)

1Unless otherwise provided by the national defense policies, the cooperation items shall be selected according to one of the following principles:

2Subparagraph (1)

3Military weapons and equipments the need for which cannot be fulfilled by the National Defense Technology Institutions alone.

4Subparagraph (2)

5Items for which the National Defense Technology Institutions already possesses partial capability.

6Subparagraph (3)

7Items for which the National Defense Technology Institutions plans to build up capability, and for which there is a similar or complementary need.

8Subparagraph (4)

9Items related to the national defense technology industry which the Private Entities intend to engage in, and which have been found to conform to national defense requirements upon evaluation.

1Paragraph (1)

2When a National Defense Technology Institutions cooperates with a Private Entity to engage in research and development, production and manufacture, or maintenance and repair activities related to the national defense technology industry, it shall select the target which is most beneficial to it according to the following principles:

3Subparagraph (1)

4The Private Entity possesses special technology, capability or resources which conform to the relevant development requirements of the national defense technology industry.

5Subparagraph (2)

6The National Defense Technology Institutions possesses special technology, capability or resources which may be used by the Private Entity for the development of common military and civilian technology.

7Subparagraph (3)

8The Private Entity has strong technological capability which suffices to accept the authorization or certification of the original manufacturer so as to establish an independent research and development, production and manufacture, or maintenance and repair system for military supplies procured from abroad.

1Paragraph (1)

2A National Defense Technology Institutions shall review and submit a proposal of all items for which cooperation engagement is possible, of concrete information such as the order of priority for the execution of such items, and of suggested medium- and long-term plans, for presehting to the authority-in-charge for the latter examination and compilation of medium- and long-term plans.

3Paragraph (2)

4The National Defense Technology Institutions shall, in accordance with the requirements of the medium- to long-term plans or special projects, prepare and submit a work plan to the competent authority for the record purposes. When the National Defense Technology Institutions and the authority-in-charge are the same agency, the working plan shall be approved by the competent authority.

5Paragraph (3)

6When the National Defense Technology Institutions has selected its target of cooperation in accordance with the work plan, it shall act according to the following procedure:

7Subparagraph (1)

8

1Paragraph (1)

2Where the research and development work related to the national defense industry on which a National Defense Technology Institutions commissions Private Entities to do is pertaining to an original model, or an object which is manufactured or supplied for the first time, it shall be handled in the manner for research and development , experiment or development and, where the budget for such work exceeds the published amount as prescribed by the Government Procurement Law, It may be handled by adopting the restricted invitation for bids measuring under the Government Procurement Law. The same rule shall apply where the volume production after the research and development work involves exclusive rights, the Private Entities have rights for exclusively manufacture or supply, or in the cases where there are no other appropriate substitutes.

3Paragraph (2)

4When the commission as referred to in the preceding paragraph pertains to a confidential or highly confidential procurement as prescribed by the Government Procurement Law, the National Defense Technology Institutions may combine the first-time research and manufacture or development and volume production [of the new products] into one case and attend to the procurement of the same. However, the procurement shall comply with the provisions of the "Applicable Scope for Special Military Procurement and Treatment Rules".

5Paragraph (3)

6

Where the production and manufacture, or maintenance and repair work related to the national defense industry which a National Defense Technology Institution commissions a Private Entity to do conforms to a procurement under the Government Procurement Law which may be handled by adopting the selective invitation for bids measure, priority shall be given to the selective invitation for bids measure; provided, however, that this restriction shall not apply to a procurement which may be handled by adopting the restricted invitation for bids measure.

1Paragraph (1)

2When a National Defense Technology Institution adopts selective tendering procedures from Private Entities for commissioning in accordance with the provision of the preceding article, it shall carry out selective tendering procedures according to the following procedures:

3Subparagraph (1)

4Public display: Including plan display and project display. The display notice shall be published in a government procurement gazette and publicized on information network.

5Subparagraph (2)

6Registration of intent: Private Entities shall register in writing their intents to accept the assessment or accept the commission to conduct research and development, trial manufacture, or maintenance projects at their own expense.

7Subparagraph (3)

8Assessment or commissioned research and development, trial manufacture or maintenance at own expense:

9

1Paragraph (1)

2A National Defense Technology Institutions shall periodically make a compilation of all the items for which commissioning is possible and the expected benefits, and submit the same to the authority-in-charge to obtain the latter's approval. The authority-in-charge shall submit its approval to the competent authority for record purposes.

3Paragraph (2)

4The selection by the National Defense Technology Institutions of a research and development, production and manufacture, or maintenance and repair item which it intends to commission a Private Entity to engage in shall be made in accordance with one of the following provisions:

5Subparagraph (1)

6The assembly, subassembly, spare parts and accessories of military weapons and equipment require a steady source of supply of such items.

7Subparagraph (2)

8Large quantities of such item are required within the current year, but the National Defense Technology Institutions does not intend to build up capability itself to supply them.

1When a National Defense Technology Institutions accepts a commission from a Private Entity to engage in research and development, production and manufacture, or maintenance and repair items, it shall select such items according to the following principles:

2Subparagraph (1)

3The first Priority shall be the research and development, production and manufacture, or maintenance and repair items for which the National Defense Technology Institutions possesses special technology, capability, or resources to engage in.

4Subparagraph (2)

5The first Priority shall be those production items whose original place of manufacture and production is not inside our country.

6Subparagraph (3)

7Items which can promote the development of the national defense technology industry's products specifically for military use, or common military and civilian use.

8Subparagraph (4)

9

1Paragraph (1)

2When a National Defense Technology Institutions accepts a commission from a Private Entity, it shall, unless otherwise provided by the national defense policies, select the target which is the most beneficial to it in accordance with the principle of fairness, with due consideration to the reasonableness of the commercial terms.

3Paragraph (2)

4When The National Defense Technology Institutions accepts a commission from a government agency and needs to get service or goods in order to achieve the objective of the commission, it shall act according to the provisions of the Government Procurement Law.

1A National Defense Technology Institutions shall select the target from which it will accept a commission in accordance with the following procedure:

2Subparagraph (1)

3Commissioning Requests: The Private Entity shall furnish the commissioning requests in writing.

4Subparagraph (2)

5Formation of Evaluation Committee: There shall be at least seven members on the evaluation committee, composed of personnels dispatched by the authority-in-charge and the National Defense Technology Institutions. If necessary, the competent authority may dispatch personnels to participate. The meeting method shall be used to make resolutions of the evaluation committee, and a resolution may be passed by a majority vote of the members and presented at a meeting attended by a majority of the committee members. The evaluation committee may retain attorneys, accountants, or other specialists to serve as its advisors.

6Subparagraph (3)

7Review and Approval: The resolutions of an review meeting of the evaluation committee shall be submitted to the authority-in-charge to obtain the latter's approval, the resolutions and the approval shall be then submitted to the competent authority for record purposes. Where the evaluation committee is formed by the authority-in-charge, its resolutions shall be submitted to the competent authority to obtain the latter's approval.

1Paragraph (1)

2These Regulations shall enter into force on the date of implementation of the National Defense Act.

3Paragraph (2)

4The amended articles shall be put into force form the promulgation date.