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Interim Measures For The National High-Tech Industry Development In Project Management

Original Language Title: 国家高技术产业发展项目管理暂行办法

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(Released on February 28, 2006, the national development and Reform Commission, the 43rd since as of April 1, 2006) Chapter I General provisions article in order to regulate the management of national high-tech industry development projects, promote the healthy development of the high-tech industry and improve industry core competence, in accordance with the People's Republic of China scientific and technological progress and the People's Republic of China Law of promoting the transformation of scientific and technological achievements, of the decision of the State Council on reform of investment and other laws and regulations, in accordance with the
    Investment subsidies and subsidy funds in the central budget and other relevant provisions of interim measures for the management, these measures are formulated.
    Second article this approach applies Yu to enhanced independent innovation capacity and promote high-tech industry development for main task, by national development and Reform Committee (following referred to "national development reform Board") approved included national high-tech industry development project plans, and give central budget investment grants or loan discount, by project competent sector organization management, by project units specific implementation of national high-tech industry development project (following referred to "national high-tech project").
    Funds from the central budget for direct investment and capital injection, the State high-tech projects refer to the relevant provisions of the State administration.
    Third national high technology projects in these measures include: (a) the national high-tech industrialization projects (hereinafter "industry"), refers to the engineering integration and demonstration of key technologies for the main content, or aimed at the scale application of independent innovation of science and technology achievement transformation project.
    (B) the major technology and equipment developed by State and major industry technology development project (hereinafter "development projects"), is the State key construction projects in need of major technology and equipment development project and focus on optimizing and upgrading the industrial structure needed by the generic, key technology research and development projects.
    (Three) national industry technology innovation capacity construction project, is refers to to breakthrough industry development of technology bottleneck, and improve major technology results engineering of, and industrialization development and the validation capacity for target of National Engineering Laboratory construction project (following referred to "Engineering Laboratory project") and National Engineering Research Center construction project (following referred to "Engineering Center project"), and to improve enterprise technology innovation capacity for target of national finds Enterprise Technology Center construction project (following referred to "Technology Center project").
    (Four) national high-tech industry technology upgrade and structure adjustment project, is refers to to advanced of technology, and process and equipment transformation behind of production conditions for main content, to advance information industry, and biological industry, and civil aviation space industry expanded scale, promote industry structure optimization upgrade and to information led industrialization, active development e-commerce and enterprise information for target of construction project (following referred to "upgrade adjustment project").
    (E) the high-tech industry development projects in other countries. Fourth investment subsidies mentioned in these measures refers to the national development and Reform Commission to eligible investment projects (including investments in public institutions, the same below) and local government investment projects granted investment subsidies. Subsidized loans mentioned in these measures refers to the national development and Reform Commission to qualify, using medium-and long-term bank loans the granting of interest subsidies on loans for investment projects.
    Investment subsidies and loan funds (hereinafter "national subsidy funds") are put for free.
    Second chapter organization management fifth article national development reform Board is national high-tech project of organization sector, main perform following duties: (a) research proposed national high-tech industry development planning and about special planning, research proposed related industry of development policy; (ii) research determine national high-tech project of focus field and focus task; (three) Organization review national high-tech project, reply national high-tech project of funds application report; (four) prepared and issued annual national high-tech industry development project plans and investment plans;
    (E) coordinate the implementation of national high-tech projects, organization or delegated project assessments.
    The sixth project authorities mentioned in these measures refers to the relevant departments of the State Council, provinces, autonomous regions, municipalities, separately listed cities and Xinjiang production and construction Corps or economic development and Reform Committee (trade) Commission. Plans to separate groups and the central management may report directly to the national development and Reform Commission submitted requests for funds, and the project manager responsibilities.
    Specific requirements imposed by the national high-tech program announcement or notice.
    Trans-regional, trans-sector organization national high-tech projects, consultation by the relevant regions or sectors to identify the project authority or project authorities specified by the organization. Project competent sector should perform following main duties: (a) according to national development reform Board of national high-tech project announcement or notification, organization this sector, and this area and this enterprise (Group) of high-tech project application national subsidies funds of related work, on project of construction conditions, and tender content, for trial, review through Hou to national development reform Board submitted project funds application report, and on trial results and declared material is responsible for; (ii) is responsible for national high-tech project of management work and project implementation in the major problem of coordination
    , Processing, ensure that the project schedule and project acceptance, (iii) complexes for inspection, audit and examination of relevant State departments; (d) annually, the region and the enterprises in this sector (Group) national high technology project summary and report on the implementation of the national development and Reform Commission. Seventh project Unit mentioned in these measures refers, in accordance with our legal registration, registration, application for enterprise or public institution of the State subsidy funds for high-tech projects.
    Project Unit should have good management and has required in respect of national high-tech development and financing, engineering, construction management and organizational skills.
    Project units should perform following main duties: (a) according to this approach and project announcement of requirements, prepared and to project competent sector submitted high-tech project national subsidies funds application report, and on declared material of authenticity bear responsibility; (ii) according to project organization sector, and competent sector reply of project funds application report determine of content and requirements implementation project; (three) by requirements to project competent sector report project implementation situation and funding implementation situation, timely report project implementation in the appeared of major matters;
    (Iv) State subsidy funds to implement special accounts management; (e) the acceptance of the national development and Reform Commission and finance and auditing departments at all levels, the project carried out by bodies commissioned by the authorities or the authorities assessed, inspection, auditing and inspection (vi) once overall project objectives are achieved, as required for project acceptance in a timely manner.
    Third chapter declared and the audit eighth article national development reform Board according to national high-tech industry development planning, and current priority development of high-tech industrialization focus field guide, and industry structure adjustment Guide Directory, and national industry technology policy and the other related special planning and related industry policy, released national high-tech project announcement or notification, clear national support of focus field, and focus task, and implementation time, and arrangements national subsidies funds of way and standard.
    Nineth local governments in accordance with the relevant provisions of article should be approved or registered investment projects should submit funding report after approval or for the record.
    According to relevant regulations approved by the local government for local government investment projects, feasibility study approved by the authority to scrutinize the proposed funding application.
    In accordance with the relevant provisions should be submitted to the State Council or approved by the national development and Reform Commission for approval, the project may submit feasibility study report or project report jointly with financial applications, no longer separately submit grant reports; also available in projects approved by the approval or consent, according to national policies related to investment subsidies, discount interest requirements, submit reports on their requests for funds. Tenth Article application national high-tech project should has following basic conditions: (a) meet national development reform Board project announcement or notification of requirements; (ii) meet national industry policy and energy-saving, and consumption, and environmental, and security, requirements, project programme reasonable feasible, has better of social economic; (three) should has China independent intellectual property, intellectual property belonging clear; (four) project units must has strong of technology development, and funds financing, and project implementation capacity, and better of funding letter grade,
    Assets liabilities rate in reasonable range within, project has basic has implementation conditions, project by needed funds has implementation; (five) construction project should by this approach Nineth article completed approval, and approved or record, has basic has starts construction conditions, or has starts construction but approval, and approved or record not over two years, has through project with to pre or with to has law approved, has environmental and other license file.
    11th article application national high-tech project also should has following conditions: (a) industrialization project used of technology results (including independent intellectual property, and Digest absorption innovation, and both at home and abroad joint development of technology,) should has advanced and good of application value, and about results identification, and authority institutions issued of certification or technology detection report, proved material, and necessary of validation and production license; project units has strong of engineering construction organization management capacity, has carried out related industrialization project of production, and business qualification.
    (B) research and development projects of research and development of advanced, practical, goal-oriented; projects should have a strong technological innovation capacity and equipment, with pre-related research and development in the field of basic research and development teams; development project in conjunction with the backing of major technology and equipment engineering.
    (C) Engineering Laboratory project and Engineering Center project unit for the national development and Reform Commission has approved the formation, and complete establishment of national engineering laboratories based on units or national engineering research center of item building content conforming to the engineering laboratory or developing direction and tasks of the Engineering Research Center, reasonable construction programme.
    (D) Technical Center project units are required to State Enterprise Center of technology enterprise, and the State enterprise technology centers in the most recent annual evaluation of State Enterprise Technology Center scored 70 points or more; projects should be able to support business-critical, core technology development.
    (E) upgrading project should conform to the industrial structure adjustment in catalogue for the guidance of project unit has a good operation mechanism of modern enterprises and better operating performance; with related products qualify, the project must have a rational economic scale, products in line with relevant national and international standards.
    12th project unit should be according to the relevant provisions article tenth and 11th, preparation of project funding application.
    Project funds application report of specific requirements by project announcement or notification specific provides, should including following main content: (a) project units of basic situation and financial status; (ii) project of basic situation, including project background, and project construction (development) content, and total investment and the sources, and technology process, and the construction (development) conditions implementation situation,; (three) application national subsidies funds of main reason and policy according to;
    (Iv) tendering (applicable to State-subsidized investment capital of 5 million Yuan or above); (e) provided by the national development and Reform Commission notice or notification requirements of the project. Project funds application report can according to specific situation attached following related file: (a) Government investment project of feasibility research report approved file or enterprise investment project of approved or record of approved file; (ii) technology source and the technology advanced of about proved file; (three) city planning sector issued of city planning location views (applies Yu city planning regional within of investment project); (four) land resources sector issued of project with to pre views; (five) environmental sector issued of environment effect evaluation file of approval views
    (Vi) loan commitments issued by financial institutions, projects still to be issued by the project applying for discount loan agreements or contracts with the relevant financial institutions; (VII) projects on project funding application for report and subsidiary file is responsible for the authenticity of statements; (h) provided by the national development and Reform Commission notice or notification requirements of the project file. 13th project authorities should be based on the tenth to 12th the relevant provisions of article review requests for project funding from project reports, project funding application for examination reports submitted to the State development and Reform Commission.
    Which functions belong to the provincial economy (trade) Commission projects by the provincial economy (trade) Commission as project authorities, and by the provincial economy (trade) Commission provincial development and Reform Committee, by the provincial development and Reform Commission, in conjunction with the provincial economy (trade) Commission jointly submitted to the State development and Reform Commission.
    To declare the material, its incomplete financial reports, the national development and Reform Commission and inform the project authority within the time frame requested by additional related material.
    14th project funding applications submitted to project authorities report, experts at the national development and Reform Commission and the Organization of expert group reviewed or commissioned by the advisory body evaluation, if necessary, seek the views of relevant departments under the State Council or local governments. Expert Group should be professional, authoritative, representative, neutrality, and no major project-related benefits experts.
    Group of experts should be scientific, objective and fair review project.
    Experts review or advisory institutions assessment should main from following aspects on project for review assessment: (a) project technology of advanced and applicability; (ii) project on related industry of optimization upgrade has of led role; (three) project units of business capacity and technology development capacity; (four) project of market prospects and economic; (five) project implementation programme of feasibility; (six) national development reform Board project announcement or notification of other requirements. 15th national development and Reform Commission in accordance with scientific, fair and merit, according to the assessment of the expert opinion or advice, considering the views of the relevant departments of the State Council and local governments, reviews the approved project funding applications, and review of the project assessment and approval results in an appropriate manner, inform the project authority. Project funding application approval documents are the basis of issued State subsidy funds, should include the project's overall objectives, lines of State subsidies and the use of funds.
    Separate approval documents can be handled or dealt with.
    National development reform Board main from following aspects on project funds application report for review: (a) meet central budget funds of using direction; (ii) meet project announcement or notification of about requirements; (three) meet national subsidies funds of arrangements principles; (four) submitted of related file complete, and effective; (five) project of main construction (development) conditions basic implementation; (six) meet national development reform Board requirements of other conditions.
    16th individual countries under the Organization of the State development and Reform Commission high-tech projects in principle, the maximum amount of funding will not exceed 200 million Yuan. National development and Reform Commission arranged for a single local government investment in high-tech projects in 30 million Yuan and the following, by way of grant or interest subsidy of investment management, funding applicants only reports.
    National development and Reform Commission arranged for a single national high-tech enterprise investment projects in 30 million Yuan and the following, by way of grant or loan of investment management, report of the national development and Reform Commission and approving funding applications; you can manage direct investment or a capital injection, the State development and Reform Commission approved the feasibility study report. National development reform Board arrangements to single national high-tech project of funds in 30 million Yuan-200 million Yuan Zhijian and accounted for project total investment of proportion not over 50% of, for local government investment project can by investment grants or loan discount of way management, national development reform Board approval funds application report; for enterprise investment project can by investment grants or loan discount of way management, national development reform Board approval funds application report, also can by directly investment or capital injected way management,
    The national development and Reform Commission approved the feasibility study report.
    Individual countries under the national development and Reform Commission scheduled for high-tech projects in 30 million-200 million yuan of funds between projects with a total investment of more than 50%, or more than 200 million Yuan, by direct investment or a capital injection is administered by the national development and Reform Commission approved the feasibility study report.
    17th State subsidy for a single national high-tech projects over 30 million Yuan, the national development and Reform Commission may request units to submit preliminary design budgetary estimate of the project, and delegate to the advisory body for review, according to the results determine the specific amounts of State funds. 18th state subsidy funds for high-tech projects, in principle, the individual countries are one-time arrangements.
    For countries that have arranged for State subsidy funds high-tech projects, State development and Reform Commission will not repeat their funding application. Fourth chapter funds management the 19th State funding for high-tech projects, including projects of its own funds, national subsidies, relevant departments of the State Council and local matching funds, Bank loan, as well as other projects to raise funds.
    Project funds mainly to project unit raised in principle, countries use subsidies to support it. 20th item unit to raise project capital or own funds shall not be less than the project added investment in research and development projects of 30%.
    Sources of capital projects including project units can be used for the cash, issue shares to raise funds, old and new shareholders ' equity financing funds, liquidity funds, etc.
    21st State subsidy funds into investment subsidies and subsidized loans for two classes.
    National investment grants should be based on the project's importance, degree of risk, as well as industrial development, regional distribution requirements, and grant support. Discount rate does not exceed the period of loan grants medium-and long-term lending rates of banks.
    Interest deducted capital amount according to the project of bank loans eligible for discount amount, current discount rates and the discount period determined, in principle, at the project implementation progress and phasing for the actual amount of the loan discount interest funds.
    22nd national subsidies are mainly used for projects of research and development, purchase of equipment required for research, development and engineering, improved technological equipment and test conditions, construction or engineering validation of complete sets of equipment and testing equipment, building the necessary infrastructure, acquire the necessary technology, software and so on.
    23rd by the national development and Reform Commission approved the State high-tech projects included in the national high-tech industry development projects and investment plans. Report of the national development and Reform Commission, according to the project funding application approval documents, project schedule and project funding, as well as the projects proposed by the project authorities issued by the State subsidy funds to apply for, or its part release State-subsidized capital investment plans.
    Project authorities after receipt of State subsidies and investment plans, according to relevant regulations issued by the State-subsidized capital investment plans as soon as possible to the project, and work related to coordination.
    For the provincial economy (trade) Commission's project as project authorities, national development and Reform Commission and State subsidy funds investment plan to release at the provincial development and Reform Commission and the economic (trade) the Commission, by the provincial development and Reform Commission, the provincial economy (trade) under the joint project of the Commission.
    Article 24th project units of State-subsidized funds earmarked, dedicated account management, any Department or unit shall intercept or misuse and misappropriation of State funds; project authorities to State subsidy funds to strengthen supervision, supervise projects in accordance with the direction of State subsidy funds use State subsidy funds. 25th the self-financing of the project plan in full and on time should be invested.
    Project authorities are encouraged to schedule the necessary matching funds.
    The fifth chapter projects implementation and management of the 26th national high-tech project responsibility system of project, project unit in accordance with the relevant laws and regulations be responsible for the planning, financing, construction, operation, and in line with the relevant departments of the State and project Department of the State use of subsidy funds check, inspection and audit work. Article 27th projects project funding application according to the national report to the competent authority approval and project approval, approval or for the record file of project implementation and supervision of the use of State subsidies.
    Project Department according to the specific requirements of the project preparation of preliminary project design, construction or implementation programmes. 28th all national projects should be in accordance with state laws and regulations on bidding of tenders.
    Among them, the use of national project subsidy funds of 5 million Yuan or above, in strict accordance with the national development and Reform Commission approved project bidding and tendering and bidding work of the laws and regulations concerned. Article 29th project authorities at the end of February each year and by the end of August, in an official document submitted to the national development and Reform Commission, including the project's progress, problems and solving of specific measures and handling of project progress reports, and apply for State subsidy funds released.
    Projects should be submitted as required by project authorities about the progress of the project. Article 30th project funds should be made in accordance with the application for approval of the overall objectives of the report organization. In the process, the project needs a major adjustment, and should be reported to the project authorities.
    The overall objectives of the project cannot be completed, by the Department of projects put forward proposals submitted to the national development and Reform Commission; for other adjustments do not affect the overall objectives of the project implementation, adjusted by the project authority is responsible for auditing and reported to the national development and Reform Commission. 31st overall project implementation to achieve the program objectives, the project unit should be timely project preparation and project acceptance application to project authorities. Project authorities should promptly project acceptance, acceptance of and conclusions submitted to the State development and Reform Commission. Planned acceptance of single row group and the central management of enterprises in national high-tech projects, should be invited to participate at the third party.
    Project units in accordance with relevant regulations of the State keep project files and acceptance of materials.
    After the 32nd and acceptance during project implementation, depending on the circumstances, national development and Reform Commission organization or delegated project authorities, relevant agencies or related group of experts after the mid-term evaluation and assessment of the project.
    Article 33rd project implementation process patents, copyrights and other intellectual property rights, in accordance with the relevant laws and regulations. 34th State subsidy funds research and development project finance in accordance with the relevant regulations of the corresponding financial allocation management of scientific project.
    State financial subsidy funds high-tech projects in other countries in accordance with the capital reserve management. Sixth chapter of regulatory and legal responsibility for the 35th State development and Reform Commission is responsible for the inspection of national high-tech projects implementation. Financial, auditing and supervision departments supervise and inspect according to the Division of functions.
    Units should be combined with project authorities and project inspection, auditing, supervision and inspection work.
    Article 36th project inspection, auditing, supervision and inspection work should be carried out in accordance with relevant laws and regulations and the management. 37th national high-tech project information involving State secrets and national security, trade secrets and other not suitable according to law, should be taken to the public in an appropriate manner.
    National development and Reform Commission and project authorities receive units and individuals of the State high-tech projects in approval, reports of violations in the building process, and to be investigated and prosecuted in accordance with the relevant provisions.
    38th article for by project general target and project content regular or ahead of completed, and through acceptance, made highlight results of project units, and in project organization and management in the work performance excellent of project competent sector and the staff, national development reform Board will give recognition, and in future of national high-tech project selection in the, on by recognition of project competent sector organization declared of project equal conditions Xia priority arrangements. 39th article project units has following behavior one of of, national development reform Board can ordered its deadline rectification, reduced, and stop allocated or recovered national subsidies funds, and Visual plot weight drew attention to the or transfer about organ law held about responsibility people of administrative or legal responsibility: (a) provides false situation, cheat national subsidies funds of; (ii) transfer, and occupation or misappropriated national subsidies funds of; (three) unauthorized change project general target and main construction content of; (four) no violations behavior,
    But there is no valid reason for failure to complete the project overall goal for two years without acceptance and (v) other acts in violation of State laws and regulations and these rules.
    40th project organization, project authority and assessment, consultants and those responsible in the approval, management, assessment, consultation, inspection, inspection process, falsification, dereliction of duty, abuse of power, favoritism, bribes, the State development and Reform Commission may make recommendations to the departments concerned shall be investigated for criminal responsibility of administrative responsibility constitutes a crime, shall be investigated for criminal responsibility by judicial organs.
    The seventh chapter supplementary articles article 41st project authorities should be based on the general principle of this approach, combined with the sector, the situation in the region, and corresponding implementation rules, and submitted to the national development and Reform Commission for the record.
    42nd article explaining these measures by the national development and Reform Commission.
                                                                                    43rd these measures come into force on April 1, 2006.