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6. Legal Liabilities


Article 34 Where an applicant or participant forges or changes any application materials, he shall be given a warning by the fund management organ; and if the application for fund thereof has been determined to be granted, the original decision on fund granting shall be annulled, and the allotted funds shall be recovered; in case of any serious circumstance, the applicant or participant may not apply for the National Natural Science Funds or be concerned with the application for the Funds for three up to five years, nor may he be promoted to a higher academic technical rank (title).

Article 35 In case of any of the following acts in violation of these Regulations as committed by a project principal or participant, a warning shall be given, the allotment of funds subsides shall be suspended, and he shall be ordered to make correction within a time limit; if he fails to make correction within the time limit, the original decision on fund granting shall be annulled, and the allotted funds shall be revoked; in case of any serious circumstance, the applicant or participant may not apply for the National Natural Science Funds or participate in the application for the funds for five up to seven years:
(1) He fails to perform research in light of the project plan;
(2) He alters the research contents or plans without approval;
(3) He fails to submit an annual progress report, concluding report or research achievement report on the project in accordance with these Regulations;
(4) He submits any false or invented report, original records or related materials; or
(5) He occupies or misappropriates the funds.
The project principal or participant that commits any act referred to in Subparagraph (4) or (5) of the preceding paragraph may not be promoted to a higher academic rank (title) for five up to seven years under any serious circumstance.

Article 36 In case of any following circumstance occurs to a supporting institution, the fund management organ shall give it a warning and order it to make correction within a time limit; in case of any serious circumstance, a circular of criticism shall be publicized and the said institution may not be taken as the supporting institution for three up to five years:
(1) It fails to perform the duty of guaranteeing the research conditions for the funded project;
(2) It fails to examine the authenticity of the materials or reports as submitted by applicants or project principals;
(3) It fails to submit an annual progress report, concluding report or research achievement report on the projects in accordance with these Regulations;
(4) It connives and covers up for any applicant or project principal in their fraudulent activities;
(5) It changes the project principals without approval;
(6) It refuses to cooperate with the fund management organ to surveil and inspect the implementation of the funded projects; or
(7) It retains or misappropriates any of the funds.

Article 37 In case of any of the following acts committed by an evaluation expert, the fund management organ shall give him a warning and order him to make correction within a time limit; in case of any serious circumstance, a circular of criticism shall be publicized and the fund management organ may not employ him as an evaluation expert:
(1) He fails to perform the appraising duties as prescribed by the fund management organ;
(2) He fails to apply for withdrawal in accordance with these Regulations;
(3) He reveals the information on the evaluation that has not been publicized;
(4) He makes unfair evaluation of the applications for funded projects; or
(5) He seeks unjustifiable interests by taking advantage of such work.

Article 38 In case of any of the following acts committed by a personnel of the fund management organ, he shall be punished:
(1) He fails to apply for withdrawal in accordance with these Regulations;
(2) He reveals the information on the evaluation that has not been publicized;
(3) He interferes the evaluation work of evaluation experts; or
(4) He seeks unjustifiable interests by taking advantage of such work.

Article 39 In case of any of the following acts in violation of these Regulations committed by any entity or individual, and if a crime is constituted, it or he shall be subject to criminal liabilities:
(1) He embezzles or misappropriates any of the funds;
(2) Any personnel of the fund management organ or an evaluation expert exacts or illegally accepts the properties of others or seeks for other unjustifiable interests when performing the duty as prescribed in these Regulations;
(3) An applicant, a project principal or participant forges or changes the official documents, certificates or seals of state organs;
(4) An applicant, a project principal or participant, a supporting institution or any of its staff members in charge of the management of funded projects provides any property or money to any personnel of the fund management organ in order to seek for unjustifiable interests, or
(5) He divulges state secrets.
Where an applicant, a project principal or participant has been subjected to criminal liabilities due to his commitment of any act as prescribed in the preceding paragraph, he may not apply for or participate in the application for the National Natural Science Funds for life.

Article 40 Anyone that is in violation of the related laws or administrative regulations on finance shall be punished and sanctioned in accordance with related laws or administrative regulations.

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