|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II ORGANIZATION AND ADMINISTRATION CHAPTER III FORMULATION OF PLANS CHAPTER IV IMPLEMENTATION OF PLANS CHAPTER V MANAGEMENT OF FUNDS CHAPTER VI READJUSTMENT OF PLANS CHAPTER VII ADMINISTRATION OF ACHIEVEMENTS CHAPTER VIII PUNISHMENT PROVISIONS CHAPTER IX MISCELLANEOUS PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Measures have been formulated on the basis of relevant statutory provisions including the Law of the People's Republic of China on Scientific and Technological Progress, the Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements for the purpose of promoting the scientific administration of the technological innovation plans of the state. Article 2. A technological innovation plan of the state (hereafter "innovation plan") refers to a plan of the state which is supported by the fiscal and financial policies of the state for the purpose of steering and absorbing social strengths, accelerating technological innovation and enhancing the technological innovation capacity and market competitiveness of the enterprises. Article 3. Centering around the overall demand for the development of national economy and targeted at the protruding problems that occur in the structural readjustment of the national industries and products, the innovation plans aim at, by means of conducting technological innovations, solving the common, pivotal and forefront technologies of the industries, effectively promoting the transformation of scientific and technological achievements into practical production forces, achieving the industrial optimization and updating, and ensuring the sustained, rapid and healthy development of the national economy. Article 4. An innovation plan shall include such elements including the development of industrial technologies, industrial experiments, the popularized application and demonstration of new technologies, joint development between industrial and academic institutions, development of key technological equipments, the construction of technological centers, the construction of a service system for technological innovation, and the trial production of new products. CHAPTER II ORGANIZATION AND ADMINISTRATION Article 5. The State Economic and Trade Commission (hereafter "the SETC") is the department in charge of innovation plans and mainly performs the following functions and duties: (1) Study and propose programs for the development of technological innovations; (2) Organize and determine the key areas of innovation plans, and publish project guidelines; (3) Formulate and issue annual innovation plans; and (4) Organize and coordinate the implementation and administration of innovation plans. Article 6. The economic and trade commission of the provinces, autonomous regions, municipalities directly under the Central Government, cities directly under State Planning, and the Xinjiang Construction Corps shall, as the host entity of innovation projects, be in charge of the organization and implementation of the innovation plans within their respective jurisdictions. Some of the enterprises directly under the Central Government shall, as the host entity of innovation projects, be in charge of the organization and implementation of their own projects that are listed in the innovation plans. A project host entity mainly performs the following duties and functions: (1) Organizing the collection of and application for the projects listed in the innovation plans within its own region or enterprise; (2) Organizing the argumentation and examination of the feasibility study reports for the projects listed in the innovation plans of the state, and concluding target responsibility agreements with the undertaking entities concerning the projects listed in the innovation plans of the state; (3) Supervising and inspecting the implementation of the projects; (4) Collecting the information about the implementation of the annual projects within its own region or enterprise (group) and reporting to the SETC; and (5) Taking charge of any other work entrusted by the SETC. Article 7. An undertaking entity of the projects listed in innovation plans shall meet the following conditions: (1) Having the legal person status; (2) Having good management skills and a perfect accounting management system; and (3) Having the technological innovation capacity and economic strength required by the project that it undertakes. An undertaking entity of the projects listed in innovation plans mainly performs the following duties and functions: (1) Determining the person-in-charge of the projects; (2) Formulating and submitting to the project host entity application forms for projects listed in the innovation plans of the state, proposals for projects listed in the innovation plans of the state and feasibility study reports of the projects listed the innovation plans of the state; (3) Entering into target responsibility agreements with project host entities concerning the projects listed in the innovation plans of the state, and rigidly implement them; (4) Accurately and truthfully report the annual implementation of the projects and the arrangement of funds; (5) Accepting the appraisals and inspections of the administrative departments in-charge and the project host entities or the institutions entrusted thereby; (6) Reporting the key issues that happen in the implementation of the projects in good time; (7) Reporting the management of intellectual property rights involved in the implementation of the projects and put forward suggestions; and (8) Submitting application letters for examination and acceptance of project to the project host entity after a project is accomplished. CHAPTER III FORMULATION OF PLANS Article 8. The following principles shall be followed in the formulation of innovation plans: (1) Adhering to the combination of innovation of technology, the innovation of institutions and the innovation of management, giving play to the holistic advantages, and comprehensively and effectively promoting the industrial progress of technology; (2) Taking the development of common, pivotal and forefront technologies as the key so as to form systematic support and accelerate the technological update of the industry; (3) Steered by the market, taking efficacy as the core, aiming at enhancing the innovation capacity as well as market competitiveness of the enterprises, accelerating the popularization and application of high-and-new technologies as well as advanced applied technologies; (4) Taking enterprises as the backbone, encouraging the collaboration between enterprises, institutions of higher learning and academic research institutions, raising the starting point and level of technological innovation; (5) Encouraging independent innovation and promoting the production of products and technologies with self-owned intellectual property rights; and (6) Guaranteeing the sustained, rapid and healthy development of the national economy. Article 9. The grounds for formulating innovation plans are: (1) The plans of national economy and social development; (2) The industrial development programs of the state and the industrial and technological policies of the state; (3) The outline of the state for technological innovation; (4) The holistic arrangement of the state for the technological progress of enterprises; (5) The focus of development of technological innovation in the near future; and (6) Programs of the state for the development of key technological equipments. Article 10. The procedures for formulating innovation plans are: (1) The SETC determines and publishes, according to the demand for national economy and social development, the situation of economic operations and the orientation of the technological development of the industry, a guideline of projects listed in the innovation plans, which shall include the technological areas for development, the focus of research and development, and the target of technological innovation, of the year; (2) The project undertaking entity files an application for setting projects according to the project guidelines, and submit application materials including a project application form, a project proposal, etc; (3) The host entity of the project submits a report to the SETC after examining the application materials according to the project guidelines and relevant requirements; (4) The SETC organizes groups of experts or entrusts relevant institutions to appraise the projects, make selections by sieving analysis, and to put forward appraisal conclusions; (5) The SETC organizes bid invitations for the key projects and determines the project undertaking entities according to the Measures for the Administration of the Bid Invitation and Tendering for Bid of the Technological Innovation Projects of the State; and (6) The SETC organizes, on the basis of the appraisal conclusions or the results of bid invitation, the formulation of and circulates annual technological innovation plans of the state. Article 11. Where any entity that applies for trial producing any new product, the entity with legal person status shall fill in a plan application form for trial producing key new projects of the state, attach the authentication certificate of new projects issued by authorities on the provincial or ministerial level, a technological summarization report, a patent certificate, reward certificates, opinions of the users, and test reports, which are reported to the SETC after passing the examination of the economic and trade commission of the province, autonomous region, municipality directly under the Central Government, city directly under State Planning concerned or the Xinjiang Construction Corps. After organizing experts to make appraisal, the SETC formulates and circulates the annual plan for trial producing the key new products of the state. CHAPTER IV IMPLEMENTATION OF PLANS Article 12. The target responsibility system shall employed for the administration of innovation plans. Article 13. After circulating the innovation plans, the project host entity shall organize the formulation of feasibility study reports of the projects at the earliest possible date, and enter into target responsibility agreements with the undertaking entities concerning the innovation plans of the state. Article 14. The project host entity shall be responsible for organizing the formulation of the feasibility study reports, and the project undertaking entity shall be responsible for the specific formulation of the feasibility study reports. Article 15. The project undertaking entity shall rigidly perform the target responsibility agreement. Where it is necessary to delay the performance of the agreement, it shall report to the higher level authorities step by step according to the hierarchical order for examination and approval, but it shall not be postponed up to one year at the most. Article 16. A project undertaking entity shall determine who is in charge of the project, ensure that all the conditions for implementing the project are met, and solve by coordination the problems that occur in the implementation of the project. Article 17. When the implementation of an innovation plan starts, the undertaking entity shall, before the end of each year, submit to the project host entity a summary of the implementation, which consists of the progress of the project, the settlement of funds and the arrangement for the coming year, and which shall be reported to the SETC by the project host entity after having collected all the summaries. Article 18. For important projects, a mid-term appraisal shall be conducted, the conclusion of which shall be the basis for continuing the implementation of readjusting the project. Article 19. After a innovation plan is accomplished, the project undertaking entity shall file an application in good time to the project host entity for check and acceptance, and the host entity shall, after obtaining the approval of the SETC, organize the acceptance of the project according to the target responsibility agreements. Article 20. In the process of accepting the project, the undertaking entity shall submit corresponding documents and materials, including the plan circulating documents, the target responsibility agreements of the innovation plan of the state, the application for accepting the project, a summary report of the project, relevant test reports, industrial experiment reports, user's reports, final accounting statements of the project funds, relevant achievements, patents, new project retrieval reports, and technical standards. Article 21. When organizing the acceptance of a project, the host entity of the innovation plan shall form a project acceptance group to conduct the acceptance of the project. The group shall consist of no fewer than 7 members, each of whom shall be an technical, economic, management or engineering expert that is familiar with his own major and of certain authority in his own field or trade, shall possess good professional ethics, and can give specific opinions objectively, impartially, and true to the fact. Any one who has an interest in the acceptance of the project shall withdraw. Article 22. In the process of accepting the project, the relevant parties may request for holding authentications for the technological achievements formed in the process of implementing projects according to the Measures for the Administration of the Authentication and Acceptance of New Products and New Technologies. Article 23. The project host entity shall, within two years after a project listed in the innovation plan is accepted, follow up the project. CHAPTER V MANAGEMENT OF FUNDS Article 24. The funds for the projects listed in innovation plans are raised from different channels. The funds consist primarily of the self-owned funds of the project undertaking entity, financial loans, funds raised through market financing, subsidies of the project host entity, and the funds appropriated by the state. Article 25. For a project whose fund is appropriated by the state, the local government shall give its support by appropriating corresponding funds. Article 26. The relevant provisions of the Measures for the Management of Funds for the Research and Development of Industrial Technologies formulated by the Ministry of Finance, the State Planning and Development Commission, the SETC, and the Ministry of Science and Technology shall be strictly followed in the appropriation of assistance funds by the state. Article 27. The project host entities shall report the circulation, raising and use of the project funds during the current year to the SETC for archivist purposes. CHAPTER VI READJUSTMENT OF PLANS Article 28. If any of the following circumstances occurs, the project shall be readjusted or canceled: (1) The market demand has drastically changed; (2) The technical and economic indexes have been lower than the existing domestic technologies of the same type; (3) The same project has been listed in other state-level plans of science and technology; (4) The primary funds for implementing the project cannot be raised or have been used for other purposes; (5) The technological introduction, technical renovation or capital construction for supporting the project cannot be realized; (6) The person-in-charge and the mainstay technical personnel of the undertaking entity are changed so that the implementation of the project cannot continue. (7) The project host entity fails to do a good job in organization or management; or (8) Any other cause that make it necessary to readjust or cancel the project. Article 29. If any of the circumstances described in Article 28 appears, which makes it necessary to make readjustments to the project, the undertaking entity shall file an application to the host entity for readjustment, and the host entity shall give its opinions which shall be submitted to the SETC for approval. Article 30. If any of the circumstances described in Article 28 appears, which makes it necessary to cancel the project, the project host entity shall put forward its opinions for cancellation in good time and report to the SETC for approval. Article 31. The SETC may, after appraising the project, directly readjust or cancel it. Article 32. The project undertaking entity shall promise to accomplish the project on time. Before a postponed project is accepted, the project undertaking entity may not apply for any new project. Article 33. If it has been decided that a project is to be readjusted or canceled, the project undertaking entity shall work out a final accounting of the outlays and submit it for examination and approval according to the prescribed procedures. For the readjusted projects, financial readjustments shall be made in accordance with the readjustment plans, and for the canceled projects, the remained funds appropriated by the state shall be turned in the state treasury in full amount. CHAPTER VII ADMINISTRATION OF ACHIEVEMENTS Article 34. The ownership of the technological achievements resulting from the innovation plans shall be determined according to the target responsibility agreements concerned. If there are no such stipulations in the agreements, it shall be determined according to relevant laws and regulations. Article 35. The intellectual property rights involved in the popularization of technological innovation achievements shall be determined according to the relevant provisions of the state. Article 36. The physical assets produced in the implementation of the technological innovation projects shall be subject to the management according to the relevant provisions of the state concerning finance. Article 37. The technological achievements acquired from the innovation projects may be used as the basis for applying for rewarding by the state or the local people's government. CHAPTER VIII PUNISHMENT PROVISIONS Article 38. In case any project undertaking entity practices fraud or does a poor job in management in the implementation of the project so that serious consequences have resulted, it shall be disqualified for three years from filing new applications. In case any crime has been constituted, it shall be subject to criminal liabilities. Article 39. In case any of the staff members of the administrative department in charge of innovation plans or the project undertaking entity neglects his duty or abuses his power or seeks personal interests by illegal means in the process of inspections or examination and approval, he shall be given an administrative sanction. If any crime has been constituted, he shall be subject to criminal liabilities. CHAPTER IX MISCELLANEOUS PROVISIONS Article 40. The economic and trade commission of all provinces, autonomous regions, municipalities directly under the Central Government, cities directly under State Planning and the Xinjiang Construction Corps may, according to the specific situation of their respective places, formulate detailed rules for the implementation of the present Measures. Article 41. The power to interpret the present Measures shall remain with the SETC. Article 42. The present Measures shall take effect as of December 1, 2002. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|