Interim Measures for the Administration of National High-tech Industry Development Projects
Order No. 43 of the National Development and Reform Commission of the People's Republic of China
In order to implement the spirit of the Fifth Plenary Session of the 16th CPC Central Committee and the National Science and Technology Conference, enhance the capacity for independent innovation, accelerate the development of high-tech industries, and further standardize the management of national high-tech industry development projects, the Interim Measures for the Administration of National High-Tech Industry Development Projects ", discussed and approved by the Directors' Meeting of the National Development and Reform Commission, is hereby promulgated and will be implemented as of April 1, 2006.
Director of the National Development and Reform Commission: Ma Kai
February 28, 2006
Interim Measures for the Administration of National High-tech Industry Development Projects
Chapter I General Provisions
The first one is to standardize the management of national high-tech industrial development projects, promote the healthy development of high-tech industries, and improve the core competitiveness of the industry. According to the Law of the People's Republic of China on Science and Technology Progress and the Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements, the State Council With regard to laws and regulations such as the “Decision on Investment System Reformâ€, these Measures are formulated in accordance with the relevant provisions of the “Interim Measures for the Administration of Investment Subsidies and Discounted Funds in the Central Budgetâ€.
Article 2 These Measures are applicable to the purpose of enhancing the capacity for independent innovation and promoting the development of high-tech industries. The National Development and Reform Commission (hereinafter referred to as the “National Development and Reform Commissionâ€) has been approved to be included in the National High-Tech Industry Development Project Plan, and The national high-tech industrial development project (hereinafter referred to as the “National High-Tech Projectâ€), which is administered by the project authorities and managed by the project authorities, is given to the central budget investment subsidy or loan interest subsidy.
National high-tech projects that invest in direct investment and capital injections of funds within the central budget are managed in accordance with relevant state regulations.
Article 3 The national high-tech projects referred to in these Measures include:
(1) The national high-tech industrialization project (hereinafter referred to as “industrialization projectâ€) refers to the transformation project of technological independent innovation achievements with the key elements of engineering integration and demonstration as the main content or the large-scale application.
(2) The national major technical equipment development and major industrial technology development projects (hereinafter referred to as “development and development projectsâ€) refer to the major industrial equipment development projects required by the national key construction projects and the industrial commonalities and key needs of the key industrial structure optimization and upgrading. Technology research and development project.
(3) The national industrial technology innovation capacity building project refers to the national engineering laboratory construction project aiming at breaking the technological bottleneck of industrial development, improving the engineering and industrialization research and verification and verification capabilities of major scientific and technological achievements (hereinafter referred to as “engineering laboratory†Project “) and the National Engineering Research Center Construction Project (hereinafter referred to as the “Engineering Center Projectâ€), and the Nationally Recognized Enterprise Technology Center Construction Project (hereinafter referred to as the “Technology Center Projectâ€) with the goal of improving the technological innovation capability of the enterprise.
(4) The national high-tech industrial technology upgrading and structural adjustment project refers to the advanced production technology, technology and equipment to transform the backward production conditions as the main content, to promote the expansion of the information industry, biological industry, civil aviation and aerospace industry, and promote the industry Structure optimization and upgrading and construction projects that aim to promote industrialization through informationization and actively develop e-commerce and enterprise informationization (hereinafter referred to as “upgrade adjustment projectâ€).
(5) High-tech industrial development projects in other countries.
Article 4 The term "investment subsidy" as mentioned in these Measures refers to the investment fund subsidy granted by the National Development and Reform Commission for eligible enterprise investment projects (including institutional investment projects, the same below) and local government investment projects. The loan interest subsidy referred to in these Measures refers to the loan interest subsidy granted by the National Development and Reform Commission for investment projects that meet the conditions and use medium and long-term bank loans. Investment subsidies and loan interest subsidy funds (hereinafter referred to as “state subsidy fundsâ€) are all free of charge.
Chapter II Organization Management
Article 5 The National Development and Reform Commission is the organization department of the national high-tech project and mainly performs the following duties:
(1) Researching and proposing national high-tech industry development plans and related special plans, and researching and proposing development policies for related industries;
(2) Study and determine the key areas and key tasks of national high-tech projects;
(3) Organizing and appraising national high-tech projects and approving fund application reports for national high-tech projects;
(4) Preparing and releasing the annual national high-tech industry development project plan and investment plan;
(5) Coordinating the implementation of national high-tech projects, organizing or entrusting project evaluation work.
Article 6 The project competent departments referred to in these Measures refer to the relevant departments of the State Council, the Sheng Autonomous Region, the municipality directly under the Central Government, the cities listed separately, and the Xinjiang Production and Construction Corps Development and Reform Commission or the Economic (Trade) Commission.
The planned individual enterprise group and the central management enterprise may directly submit the fund application report to the National Development and Reform Commission and assume the supervisory responsibility for the project. The specific requirements are stipulated by the national high-tech project announcement or notice.
For national high-tech projects organized across regions and departments, the project authorities may be determined by relevant regions or departments, or the project authorities shall be designated by the organization department.
The project management department shall perform the following main duties:
(1) Organizing the relevant work of the national subsidy funds for the high-tech projects of the department, the region and the enterprise (group) according to the announcement or notice of the national high-tech project of the National Development and Reform Commission, the construction conditions of the project, the contents of the bidding, etc. Conduct a preliminary review, submit a project fund application report to the National Development and Reform Commission after the review, and be responsible for the preliminary review results and application materials;
(2) Responsible for the coordination and handling of major national high-tech project management and project implementation, ensuring that the project is completed on time and the project acceptance work is organized;
(3) Cooperating with relevant state departments to conduct inspection, audit and inspection;
(4) Regularly summarize and report the implementation of national high-tech projects of the department, the region and the enterprise (group) to the National Development and Reform Commission.
Article 7 The term "project unit" as used in these Measures refers to an enterprise or business legal person who has registered and registered in accordance with the laws of China and applied for state subsidy funds for high-tech projects. The project unit should have a good level of operation and management, and possess the technological development capability and fund raising, and the engineering construction organization and management capabilities required for the national high-tech project.
The project unit shall perform the following main duties:
(1) Preparing and submitting the application report of the state subsidy fund for high-tech projects to the project competent department in accordance with the requirements of these Measures and the project announcement, and accepting responsibility for the authenticity of the application materials;
(2) Implementing the project according to the content and requirements determined by the project fund application report approved by the project organization department and the competent department;
(3) Reporting to the project competent department on the implementation of the project and the implementation of the funds as required, and timely reporting the major events arising from the implementation of the project;
(4) Specialized account management shall be implemented for state subsidy funds;
(5) Accepting assessments, inspections, audits and inspections conducted by the National Development and Reform Commission and the financial, auditing departments, project authorities or agencies entrusted by the above-mentioned departments;
(6) After the overall objectives of the project are met, the project acceptance shall be carried out in time as required.
Chapter III Declaration and Review
Article 8 The National Development and Reform Commission shall be in accordance with the National High-Tech Industry Development Plan, the Current Priority Development Guidelines for High-tech Industrialization Key Areas, the Industrial Structure Adjustment Guidance Catalogue, the National Industrial Technology Policy, and other related special programs. And relevant industrial policies, issue national high-tech project announcements or notices, clarify key areas of national support, key tasks, implementation time, and methods and standards for arranging state subsidies.
Article 9 Enterprise investment projects that are approved or filed by the local government in accordance with relevant regulations shall submit a fund application report after approval or filing.
Local government investment projects that should be examined and approved by the local government in accordance with relevant regulations shall submit a fund application report after the feasibility study report has been approved by the authority.
In accordance with relevant regulations, the project that should be submitted to the State Council or the National Development and Reform Commission for approval and approval may submit a fund application together with the feasibility study report or the project application report, and no separate application for the fund application report; After approval or approval, the fund application report will be submitted separately according to the state's policy requirements for investment subsidies and interest subsidies.
Article 10 The application for national high-tech projects shall meet the following basic conditions:
(1) meeting the requirements of the announcement or notice of the National Development and Reform Commission project;
(2) In line with national industrial policies and requirements for energy conservation, consumption reduction, environmental protection, safety, etc., the project plan is reasonable and feasible, and has good social and economic benefits;
(3) It shall have China's independent intellectual property rights, and the intellectual property rights shall be clearly defined;
(4) The project unit must have strong technical development, fund raising, project implementation capability, and good credit rating. The asset-liability ratio is within a reasonable range. The project has basically met the implementation conditions, and the funds required for the project have been implemented;
(5) The construction project shall be completed, approved, approved or filed in accordance with Article 9 of the present Measures. It has basically met the construction conditions, or has started construction but has not been approved, approved or filed for more than two years. The project has been pre-examined or used for land use. Approved, with environmental and other licensing documents.
Article 11 The application for national high-tech projects shall also meet the following conditions:
(1) The scientific and technological achievements (including independent intellectual property rights, digestion and absorption innovation, and jointly developed technologies at home and abroad) adopted by industrialization projects shall be advanced and have good promotion and application value, relevant results identification, certification or technology issued by authoritative organizations. Proof of test reports, necessary verification and production license; the project unit has strong engineering construction organization management capabilities, and has the qualification to produce and operate related industrialization projects.
(2) The research and development program of the research and development project is advanced, feasible and has clear objectives; the project unit should have strong technical innovation and equipment development capability, and have the R&D foundation and R&D team in the relevant related fields in the early stage; the major technical equipment development projects should be combined engineering.
(3) The project unit of the engineering laboratory project and the engineering center project shall be the supporting unit of the national engineering laboratory approved by the National Development and Reform Commission and complete the relevant construction work or the national engineering research center; the project construction content conforms to the engineering experiment. The development direction and tasks of the room or engineering research center are reasonable.
(4) The project unit of the technology center project shall be the enterprise of the nationally recognized enterprise technology center, and the nationally recognized enterprise technology center shall score 70 points or more in the evaluation of the nationally recognized enterprise technology center in the recent year; the project shall be able to support the key and core technologies of the enterprise. Development.
(5) The upgrade and adjustment project shall conform to the catalogue of industrial structure adjustment guidance; the project unit has a good modern enterprise operation mechanism and good business performance; and has the qualification to carry out production of related products, the project must have a reasonable economic scale, and the products conform to the state and International relevant standards.
Article 12 The project unit shall prepare a project fund application report in accordance with the relevant provisions of Articles 10 and 11.
The specific requirements of the project fund application report shall be specified by the project announcement or notice and shall include the following main contents:
(1) Basic information and financial status of the project unit;
(2) Basic information of the project, including the project background, project construction (R&D) content, total investment and source of funds, technical process, and implementation of various construction (R&D) conditions;
(3) The main reasons and policy basis for applying for state subsidy funds;
(4) Contents of the project bidding (applicable to investment projects applying for state subsidy funds of 5 million yuan or more);
(5) Other contents required by the National Development and Reform Commission project announcement or notice.
The project fund application report can be attached with the following relevant documents according to the specific circumstances:
(1) Approval documents for the approval of the feasibility study report of the government investment project or the approval or filing of the enterprise investment project;
(2) Relevant supporting documents of technical sources and technological advancement;
(3) Opinions on urban planning site selection issued by the urban planning department (applicable to investment projects in urban planning areas);
(4) The pre-examination opinions of the project land issued by the land and resources department;
(5) The approval opinions of the environmental impact assessment documents issued by the environmental protection department;
(6) Loan commitments issued by financial institutions, and the project applying for interest subsidy must also issue a loan agreement or contract signed between the project unit and the relevant financial institution;
(7) A statement by the project unit responsible for the content of the project fund application report and the authenticity of the subsidiary documents;
(8) Other documents required by the National Development and Reform Commission project announcement or notice.
Article 13 The competent department of the project shall, in accordance with the relevant provisions of Articles 10 to 12, review the project fund application report submitted by the project unit, and submit the report on the project funds for the examination and approval to the National Development and Reform Commission. Among them, for the project whose work function belongs to the provincial economic (trade) committee, the provincial economic (trade) committee as the project authority, and the provincial economic (trade) committee to the provincial development and reform committee, the provincial level The Development and Reform Commission will jointly submit to the National Development and Reform Commission in conjunction with the provincial economic (trade) committee.
For the fund application report with incomplete application materials, the National Development and Reform Commission shall promptly notify the project competent department to supplement relevant materials within the required time limit.
Article 14 For the project fund application report submitted by the project competent department, the National Development and Reform Commission organizes an expert group to conduct expert evaluation or entrust an consulting organization to conduct an assessment, and may seek the opinions of relevant departments of the State Council or local governments when necessary.
The expert group shall be composed of experts who are professional, authoritative, representative, neutral, and have no significant interests in the project. The expert group shall review the project scientifically, objectively and fairly.
Expert review or consulting agency evaluation should mainly evaluate the project from the following aspects:
(1) The advanced nature and applicability of the project technology;
(2) The project has a driving effect on the optimization and upgrading of related industries;
(3) The operational capability and technological development capability of the project unit;
(4) Market prospects and economic benefits of the project;
(5) The feasibility of the project implementation plan;
(6) Other requirements of the National Development and Reform Commission project announcement or notice.
Article 15 The National Development and Reform Commission shall, in accordance with the principles of science, fairness, and merit, based on the opinions of experts or the evaluation opinions of the consulting institutions, comprehensively consider the opinions of the relevant departments of the State Council and local governments, review and approve the application reports for the approved projects, and Review assessment opinions and approval results to inform project authorities in an appropriate manner. The approval document of the project fund application report is the basis for issuing the state subsidy funds, and should include the overall objectives of the project implementation, the amount of state subsidy funds, and the direction of use of funds. The approval documents can be handled separately or in a centralized manner.
The National Development and Reform Commission mainly reviews the project funding application report from the following aspects:
(1) Compliance with the direction of use of funds within the central budget;
(2) meeting the relevant requirements of the project announcement or notice;
(3) The principle of arrangement in accordance with state subsidy funds;
(4) The relevant documents submitted are complete and valid;
(5) The basic construction (development) conditions of the project are basically implemented;
(6) Other conditions that meet the requirements of the National Development and Reform Commission.
Article 16 The maximum amount of funds allocated by the National Development and Reform Commission to a single national high-tech project shall not exceed 200 million yuan in principle.
If the National Development and Reform Commission arranges funds for a national high-tech project invested by a single local government to be 30 million yuan or less, it shall be managed according to investment subsidies or interest subsidies, and only the fund application report shall be approved. If the National Development and Reform Commission arranges funds for a national high-tech project invested by a single enterprise to be 30 million yuan or less, it may be managed according to investment subsidies or loan interest subsidies, and the National Development and Reform Commission approves the application for funds; it may also be based on direct investment or capital. The gold injection method is managed, and the National Development and Reform Commission approves the feasibility study report.
The National Development and Reform Commission arranges funds for individual high-tech projects to be between 30 million yuan and 200 million yuan and accounts for less than 50% of the total investment of the project. For local government investment projects, investment subsidies or loan interest subsidies can be used. Management, National Development and Reform Commission approval fund application report; for enterprise investment projects can be managed in the form of investment subsidies or loan interest subsidies, the National Development and Reform Commission approves funds application reports, can also be managed by direct investment or capital injection, national development and reform The committee approves the feasibility study report.
If the National Development and Reform Commission arranges funds for a single national high-tech project to be between 30 million yuan and 200 million yuan and accounts for more than 50% of the total investment of the project, or exceeds 200 million yuan, it shall be invested in direct investment or capital. Management, the National Development and Reform Commission approves the feasibility study report.
Article 17 If the state subsidy funds for a high-tech project in a single country exceeds 30 million yuan, the National Development and Reform Commission may require the project unit to submit a preliminary design budget estimate, and entrust an advisory body to conduct the review, and determine the specific amount of state-arranged funds based on the results of the review. .
Article 18 The state subsidy funds for individual high-tech projects in a single country are in principle one-off arrangements. For national high-tech projects that have already arranged state subsidy funds, the National Development and Reform Commission will not repeat the application for funds.
Chapter IV Fund Management
Article 19 The sources of funds for national high-tech projects include the self-owned funds of the project units, state subsidy funds, supporting funds of relevant departments of the State Council or local governments, bank loans, and other funds raised by the project units. In principle, the project funds are mainly self-raised by the project units, and the state supports them by means of financial subsidies.
Article 20 The project capital raised by the project unit or the self-owned funds of the research and development project shall not be less than 30% of the newly added investment of the project. Sources of project capital include the cash that the project unit can use for the project, the funds raised by issuing stocks, the capital increase and expansion of new and old shareholders, and the funds for realizing assets.
Article 21 The state subsidy funds are divided into investment subsidies and loan interest subsidies.
The state investment subsidy shall be subsidized and supported according to the importance of the project, the degree of risk, and the requirements of industrial development and regional layout.
The interest subsidy rate of the loan interest subsidy does not exceed the current medium and long-term loan interest rate of the bank. The total amount of discounted funds is determined according to the total amount of bank loans, the discount rate and the interest period of the year. In principle, the interest subsidy funds are arranged in phases according to the implementation progress of the project and the actual amount of the loan.
Article 22 State subsidy funds are mainly used for research and development of projects, purchase of instruments and equipment required for research and development and engineering, improvement of process equipment and test conditions, construction of industrialization or engineering verification complete sets of equipment and test equipment, construction necessary Support infrastructure, purchase necessary technology, software, etc.
Article 23 The national high-tech projects approved by the National Development and Reform Commission shall be included in the national high-tech industrial development project plan and investment plan.
The National Development and Reform Commission may issue a state subsidy fund investment plan in one or several times according to the approval documents of the project fund application report, the project construction progress and the project construction fund availability, and the application for the project state subsidy fund proposed by the project competent department. After receiving the national subsidy fund investment plan, the project competent department shall, as soon as possible, reach the project unit under the state subsidy fund investment plan as soon as possible, and do a good job in coordination.
For projects funded by the provincial economic (trade) committee as the project authority, the National Development and Reform Commission will simultaneously release the state subsidy fund investment plan to the provincial development and reform committee and the economic (trade) committee, by the provincial development and reform committee, the province. The level economy (trade) committee jointly reaches the project unit.
Article 24 The project unit shall pay special funds and special accounts for state subsidy funds; no department or unit may intercept, occupy or misappropriate state subsidy funds; the project competent department shall strengthen supervision over state subsidy funds and urge project units to follow state subsidies. The use of funds is in the direction of the use of state subsidies.
Article 25 The self-raised funds of the project units shall be invested in full and on time according to the plan. Encourage the project authorities to arrange the necessary matching funds for the project.
Chapter V Project Implementation and Management
Article 26 The national high-tech project shall implement the project unit responsibility system. The project unit shall be responsible for the planning, financing, construction and operation of the project in accordance with relevant laws and regulations, and cooperate with the relevant state departments and project authorities to make good use of the state subsidy funds. Inspection, inspection and audit work.
Article 27 The competent department of the project shall supervise the implementation of the project and the use of state subsidy funds in accordance with the approval documents submitted by the state for the project fund application report and the project approval, approval or filing documents. The project competent department may request the project unit to prepare the preliminary design, construction plan or implementation plan of the project according to specific conditions.
Article 28 All high-tech projects in the country shall do the bidding work in accordance with the laws and regulations of the State concerning tendering and bidding. Among them, for projects using state subsidy funds of 5 million yuan or more, the bidding work should be carried out in strict accordance with the tender contents of the projects approved by the National Development and Reform Commission and the laws and regulations concerning bidding and tendering.
Article 29 The competent department of the project shall submit the progress of the project including the progress of the project, the existing problems, the specific measures for solving the problems and the handling opinions to the National Development and Reform Commission with official documents at the end of February and the end of August each year. Report and submit an application for the state subsidy fund. The project unit shall submit the progress of the relevant project in accordance with the requirements of the project management department.
Article 30 The project unit shall organize and implement according to the overall objectives approved by the fund application report. In the process of implementation, if there are major circumstances in the project that need to be adjusted, it shall be reported to the project competent department. For projects that cannot achieve the overall goal, the project competent department shall submit a report to the National Development and Reform Commission; for other adjustments that do not affect the overall achievement of the project, the project competent department shall be responsible for reviewing and adjusting and copying to the National Development and Reform Commission.
Article 31 After the project implementation reaches the overall target of the project, the project unit shall timely complete the project acceptance preparation work and submit the project acceptance application to the project competent department. The project management department shall timely check and accept the project and submit the acceptance conclusion to the National Development and Reform Commission. Third-party enterprise groups and central management enterprises should invite third-party personnel to participate in the acceptance of national high-tech projects. The project unit shall properly keep the relevant files and acceptance materials of the project in accordance with relevant state regulations.
Article 32 During and after the implementation of the project, the National Development and Reform Commission may organize or entrust the project authorities, relevant intermediaries or relevant expert groups to conduct mid-term evaluation and post-assessment of the project.
Article 33 The ownership of intellectual property rights such as patents and copyrights obtained during the implementation of the project shall be implemented in accordance with relevant laws and regulations.
Article 34 The financial treatment of state subsidy funds for research and development projects shall be managed in accordance with the relevant provisions of the financial allocation for scientific research projects. The financial treatment of state subsidy funds for high-tech projects in other countries is governed by capital reserve.
Chapter VI Supervision and Legal Responsibility
Article 35 The National Development and Reform Commission is responsible for inspecting the implementation of national high-tech projects. The departments of finance, auditing, and supervision conduct supervision and inspection according to the division of functions. The project management department and the project unit shall cooperate with the inspection, audit, supervision and inspection work.
Article 36 Project inspection, audit, supervision and inspection shall be carried out in accordance with relevant laws and regulations and these administrative measures.
Article 37 The national high-tech project information shall be disclosed to the public in an appropriate manner, except for state secrets and national security, trade secrets and other unsuitable disclosures according to law. The National Development and Reform Commission and the project competent department shall accept reports from individuals and individuals on violations of laws and regulations in the process of examination and approval and construction of national high-tech projects, and investigate and deal with them in accordance with relevant regulations.
Article 38: Project units that have achieved outstanding results according to the overall objectives and project contents of the project, or have passed the inspection and acceptance, as well as project authorities and staff who have performed well in project organization and management, the National Development and Reform Commission It will be commended and will be given priority in the future national high-tech project evaluation under the same conditions as the projects submitted by the commended project authorities.
Article 39 If the project unit has one of the following acts, the National Development and Reform Commission may order it to rectify within a time limit, reduce or stop the disbursement or recovery of state subsidy funds, and may file or transfer the relevant authorities according to law to investigate the relevant responsible persons. Administrative or legal responsibility:
(1) Providing false information and defrauding state subsidies;
(2) transferring, encroaching on or misappropriating state subsidy funds;
(3) arbitrarily changing the overall objectives and main construction contents of the project;
(4) There is no violation of the rules, but the general objectives of the project have not been completed for two years without acceptance, and there is no justifiable reason;
(5) Other acts that violate national laws and regulations and the provisions of these Measures.
Article 40 The project organization department, the project competent department, the evaluation and consulting unit and the relevant responsible persons shall falsify, neglect their duties, abuse their powers, engage in malpractices, and accept bribes in the process of examination and approval, management, evaluation, consultation, inspection and inspection. The National Development and Reform Commission may recommend that the relevant departments investigate the administrative responsibility of the responsible person according to law; if the crime is constituted, the judicial organ shall pursue the criminal responsibility according to law.
Chapter VII Supplementary Provisions
Article 41 The competent department of the project shall, in accordance with the overall principles of the present Measures, and the specific conditions of the department and the region, formulate corresponding implementation rules and report to the National Development and Reform Commission for the record.
Article 42 The National Development and Reform Commission is responsible for the interpretation of these Measures.
Article 43 These Measures shall come into force on April 1, 2006.
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