Archived（May 31, 2018）
(Adopted at the Twentieth Meeting of the Standing Committee of the Fourth Shenzhen Municipal People’s Congress on July 22, 2008)
Article 1 In order to promote the activities of scientific and technological innovation in the Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone), to enhance the city’s competitive strength at the core, and build a state-leveled innovation-type city, these regulations are hereby formulated in accordance with the basic principles of related law, regulations, and in the light of the actual conditions of the Special Zone.
Article 2 The technological innovation system which takes enterprises as its main body, combines production, study, and research, and protects intellectual property rights shall be established, the development of the regional innovation system shall be promoted by institutional innovations and mechanism innovations, and independent innovation shall be taken as a guiding strategy for the city’s development.
Article 3 The formulation and revision of the national economic and social plan and the urban plan of the Shenzhen City shall give full expression to the basic requirements of scientific and technological innovations, and take the development of the industries of high and new technology, the construction of the scientific and technological infrastructures, major scientific and technological projects as the main contents of these plans.
Article 4 The municipal people’s government (hereinafter referred to as the municipal government) shall draw up the Shenzhen City’s Plan for the Development of Science and Technology (hereinafter referred to as the science and technology plan), and report the plan to the Standing Committee of the Shenzhen Municipal People’s Congress for examination, and organize its implementation after approval.
The science and technology plan shall include the items such as the development strategy, goals, input, key technologies of scientific and technological innovation, and major special projects, policies, etc.
Article 5 The municipal, district people’s governments (hereinafter referred to as the municipal, district governments) shall, on a regular basis, report to the standing committee of the people’s congresses at the same level the development of scientific and technological innovations, implementation of the policies and regulations on science and technology, and the use of the special fund of scientific and technological development, etc.
The standing committees of the municipal, district people’s congresses shall strengthen the supervision and inspection of the municipal, district governments’ implementation of the law, regulations on science and technology.
Article 6 The administrative departments of the municipal, district people’s governments in charge of science and technology (hereinafter referred to as the municipal, district departments of science and technology) shall be the departments responsible for the promotion of scientific and technological innovations in this administrative region. Other related departments shall be responsible for the related promotion of scientific and technological innovations within the scope of their respective duties.
Article 7 The municipal, district governments shall explore the establishment of a new public service system which meets the needs of independent innovations, organize and form public service institutions such as those of strategic research, intellectual property rights, technology transfer, technological property right transaction, intelligent information, etc.
Article 8 Both domestic and overseas resources of science and technology shall be rationally utilized, and the exchange and cooperation shall be promoted in science and technology.
The cooperation with the Hong Kong Special Administrative Region in science and technology shall be strengthened, the exchange of innovative talents, equipments, information resources of projects between two regions shall be promoted, and the mechanism to share scientific and technological resources shall be established.
Article 9 The municipal, district governments shall strengthen the training and introduction of the talents of the scientific and technological innovation type, provide a good working and living environment for the talents in science and technology, establish and improve a policy-support system for innovation and starting business, and attract the talents of the scientific and technological innovation type to this city for developing the activities of scientific and technological innovation.
The municipal, district governments shall draw up effective measures on the promotion of talent training, broaden the channels of talent training, and strengthen the buildup of the reserves of the innovation-type talents.
The educational and training institutions shall be encouraged to develop the continuing education and vocational education of innovation-type talents.
Quality-oriented education shall be strengthened, the development of creative thinking among children shall be enhanced, and teenagers’ activities of scientific and technological innovation shall be supported.
The activities of scientific and technological innovation of retired veteran cadres and other retired persons shall be encouraged and supported.
Article 10 The municipal, district governments shall establish the mechanism to have a stable growth in the financial input in science and technology, guide and promote enterprises and other social funds in their input in the activities of scientific and technological innovation, and give an impetus to the continuing and stable growth of the funds for scientific and technological innovations in the society as a whole.
The range of the growth of the municipal, district governments’ financial input in the funds of science and technology and the range of the growth of the funds of research and development in this input shall correspond with the range of the growth of the locally disposable financial income. The proportion of the financial input in the funds of research and development to the financial input in the funds of science and technology shall be gradually increased.
Article 11 The various municipality-financed special funds of science and technology shall be further consolidated to set up a special fund of scientific and technological development which should be managed item by item, used according to the standards and by overall planning so as to increase the efficiency of the use of the funds of science and technology.
Article 12 The scope of the use of the special fund of scientific and technological development shall be as follows:
(1) the research in the theories, strategies, approaches and methods of scientific and technological innovation;
(2) the basic research, frontier research in technology, technological research for society’s public welfare;
(3) the activities of technological innovation;
(4) the research and development of new products, the conversion of the achievements of high and new technology;
(5) the technological progress and technological transformation;
(6) the construction of the infrastructure of scientific and technological innovation and the major projects;
(7) the construction of the platforms of scientific and technological conditions such as the platform of public service in science and technology, etc.;
(8) the awards for scientific and technological innovations;
(9) popular science, the exchange and cooperation in science and technology;
(10) the aids to intellectual property rights;
(11) the other activities related to scientific and technological innovations.
Article 13 The association and cooperation of enterprises with universities and colleges, research and development institutions in this city shall be encouraged. The special fund of scientific and technological development shall give supporting aids in one of the following situations:
(1) research and development institutions, universities and colleges establish or establish jointly with enterprises the key laboratories at the municipal level or higher;
(2) the establishment of projects after obtaining the projects of the national, Guangdong provincial plans of science and technology and major projects to tackle key problems;
(3) the enterprises of this city cooperate with the universities and colleges, lawful institutions of Hong Kong Special Administrative Region in research and development by means of entrustment with research, joint development, title sharing, etc.
Article 14 The mechanism to appraise the performance of the financial input in
the funds of science and technology shall be established and improved. The municipal department of science and technology shall jointly with other related departments draw up the standards for the appraisal of scientific and technological projects, improve the mechanism to check and accept scientific and technological projects.
The related departments of the municipal government shall strengthen the performance supervision of the use of the funds of science and technology allocated by governments as an input according to law.
The municipal government shall improve the mechanism to deal with the complaints about and the mechanism to undertake supervision over the use of the financial funds of science and technology.
Article 15 The resource-sharing mechanism of the scientific and technological infrastructure and the platforms of scientific and technological conditions constructed by the investment from the government-financed funds of science and technology or the financial aids from governments shall be established, it shall be promoted to consolidate and effectively use the resources such as research and experiment bases, large-scale scientific apparatus and equipments, scientific data and documents, natural science and technology resources, information and network resources, etc.
The municipal department of science and technology shall, jointly with related departments, comprehensively plan, adjust, and set up the platform of the public technology research and development institutions of this city.
Article 16 The municipal government may initiate or participate in the establishment of entrepreneurship investment foundations, guide social funds to entrepreneurship investment enterprises, and guide entrepreneurship investment enterprises to the investment in the scientific and technological projects with good expectations or the newly established scientific and technological enterprises in the scope of the enterprises whose development should be encouraged.
Article 17 The municipal government may initiate or participate in the establishment of reinsurance institutions which shall give priority to the support of insurance institutions in providing insurance for the activities of enterprises in scientific and technological innovations.
The municipal government may establish the risk reserve mechanism for the policy credit insurance institutions to make limited financial compensation for the loss in the insured compensation when there is a loss for the reinsurance institutions established by the municipal government in providing reinsurance for the insurance institutions which provide insurance for the enterprises of scientific and technological innovation type.
Article 18 The municipal department of science and technology shall, jointly with related departments, set up the standards and mechanism to appraise the products of independent innovations, and solicit opinions from enterprises and society. The catalogues of the products of independent innovations of this city shall be published every year, opinions shall be solicited from the public before the catalogues are published, and the period of time to solicit public opinions shall be no less than 15 business days.
Priority shall be given to the products and services listed in the catalogues of the products of independent innovations in the government purchase, government-investment projects if other conditions are equal; priority shall be given in the government purchase to the products of independent innovations which, according to the rules of the state, need the major support determined by the administrative departments in charge of science and technology, trade and industry, and are put in the market for the first time.
The enterprises which purchased the products and services listed in the catalogues of the products of independent innovations shall enjoy the preference in participating in the government purchase and undertaking government investment projects.
Article 19 The municipal government shall commend and reward the organizations and individuals who make outstanding contributions in the activities of scientific and technological innovation.
Article 20 The unit or individual who takes one of the following acts may not apply for government-financed aids to science and technology within 5 years, the municipal department of science and technology shall make the list of their names public:
(1) to provide false materials in applying for the projects of the science and technology plans, to obtain government-financed funds for science and technology by cheating;
(2) to illegally misappropriate, encroach on the government-financed fund for science and technology;
(3) to obstruct or intentionally avoid the supervision, inspection, checking and accepting carried out by the related departments of governments according to law so that the circumstances are serious.
The previous section shall apply to the other units established or held by the legal
representative, directors, key shareholders, persons in actual control, and individuals of the units in one of the situations referred to in the previous section when they apply for the government-financed funds for science and technology.
Article 21 If administrative departments and their staff members take one of the following acts, the administrative responsibility or criminal responsibility of the responsible persons in charge and other directly responsible persons shall be investigated into according to law:
(1) to fail to allocate according to the rules or to intentionally delay the allocation of the government-financed funds for science and technology;
(2) to embezzle, misappropriate the government-financed funds for science and technology;
(3) to purchase the products, which are not the results of independent innovations, in the government purchase when the products listed in the catalogues of the products of independent innovation can meet the demands.
If the organizations or individuals entrusted by administrative departments make false
evaluations, false appraisals or leak the commercial secrets of enterprises in the evaluation, appraisal, or argumentation of scientific and technological achievements, scientific and technological projects, the administrative departments shall not entrust them with the evaluation, appraisal, or argumentation of scientific and technological achievements, scientific and technological projects within 5 years, in addition to the investigation into the legal responsibility according to law.
Article 22 The municipal government or related departments shall formulate specific measures on the implementation of Articles 9, 11, 16, 18 of these regulations within 10 months from the date when these regulations take effect.
Article 23 These regulations shall take effect as of October 1, 2008.
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