Announcement of the Standing Committee of the sixth Shenzhen Municipal People's Congress
No.205
The regulations on scientific and technological innovation of Shenzhen Special Economic Zone, adopted at the 44th meeting of the Standing Committee of the sixth Shenzhen Municipal People's Congress on August 26, 2020, is hereby promulgated and shall come into force on November 1, 2020.
Standing Committee of Shenzhen Municipal People's Congress
August 28, 2020
Regulations of Shenzhen Special Economic Zone on scientific and technological innovation
(adopted at the 44th meeting of the Standing Committee of the sixth Shenzhen Municipal People's Congress on August 26, 2020)
catalog
Chapter I General Provisions
Chapter two basic research and applied basic research
Chapter 3 technological innovation
Chapter IV achievement transformation
Chapter V science and Technology Finance
Chapter VI intellectual property rights
Chapter VII space guarantee
Chapter 8 innovation environment
Chapter IX supplementary provisions
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the basic principles of laws and administrative regulations and the actual situation of Shenzhen Special Economic Zone in order to thoroughly implement the innovation driven development strategy, accelerate the construction of a modern international innovative city and a city of innovation, entrepreneurship and creativity with global influence, and promote the construction of Guangdong, Hong Kong and Macao Bay Area as well as the construction of the leading demonstration area of socialism with Chinese characteristics in Shenzhen.
Article 2 These Regulations shall apply to scientific and technological innovation activities in Shenzhen Special Economic Zone.
Article 3 We should take innovation driven as the leading strategy of urban development, promote comprehensive innovation with scientific and technological innovation as the core, and improve the system and mechanism of scientific and technological innovation. We should strengthen basic research and applied basic research, strengthen key core technology tackling, promote the transformation and industrialization of scientific and technological achievements, deepen scientific and technological and financial innovation, give full play to the role of talent support, and build the "basic research and application basic research" Research on the whole process innovation ecological chain focusing on "technology tackling", "achievements industrialization", "science and technology finance" and "talent support".
Article 4 the municipal and District People's governments shall incorporate the development of high and new technology industries, the construction of scientific and technological infrastructure, the reform of scientific and technological innovation system, the tackling of key scientific and technological projects, and the guarantee of scientific and technological talents into the national economic and social development plan.
The municipal and District People's governments shall formulate special plans for the development of scientific and technological innovation, clarify the general ideas, development objectives, main tasks and safeguard measures for the development of scientific and technological innovation, and shall publish the implementation situation to the public every year.
The formulation and revision of urban and district land and space planning should fully guarantee the basic requirements of scientific and technological innovation and development.
Article 5 the municipal and District People's governments shall increase financial investment in scientific and technological innovation, establish a mechanism for investment in scientific and technological innovation that combines stable support with competitive funds, guide enterprises and other social forces to invest in scientific and technological innovation activities, and promote the sustained and steady growth of scientific and technological innovation funds of the whole society.
The municipal and District People's governments and their relevant departments shall comprehensively use the means of post financial subsidies and indirect investment to support institutions of higher learning, scientific research institutions, enterprises and scientific and technological personnel to carry out scientific and technological innovation activities through various forms such as subsidies, loan interest discounts, awards and funds.
We should reform the mode of project approval and organization of science and technology projects, and establish a mechanism for selecting, allocating funds and evaluating achievements of science and technology projects, which are mainly determined by the market.
Article 6 the municipal and District People's governments shall establish a coordination mechanism for science and technology security, strengthen the construction of science and technology security system, strengthen the security guarantee of the supply chain of key industries, prevent and resolve major risks in the field of science and technology, and improve the management level of science and technology security.
Article 7 the municipal and district departments in charge of scientific and technological innovation shall be responsible for the overall coordination, supervision and management of scientific and technological innovation in their respective administrative regions.
The municipal and district development and reform, education, industry and information technology, justice, finance, human resources and social security, planning and natural resources, commerce, health, supervision and management of state-owned assets, market supervision, local financial supervision, and services for small and medium-sized enterprises are responsible for the work related to scientific and technological innovation within the scope of their respective responsibilities.
Article 8 the municipal and District People's governments shall strengthen the development and construction of high-tech industrial parks, innovate systems and mechanisms, improve the planning system, increase investment, improve infrastructure, improve management and service levels, promote industrial agglomeration in parks, and cultivate and develop innovative industrial clusters.
Article 9 Speed up the construction of Shenzhen comprehensive national science center, as an important infrastructure platform for the construction of national innovation system, carry out preliminary research on major science and technology infrastructure projects, and focus on the construction of major science and technology infrastructure clusters; build a number of interdisciplinary and interdisciplinary frontier cross research platforms to form cross integration, close cooperation and mutual support with major science and technology infrastructure New core, strengthen the original innovation ability, play a key role in the construction of Guangdong Hong Kong Macao Bay area international science and technology innovation center.
Article 10 institutions of higher learning, scientific research institutions, enterprises, scientific and technological service institutions, trade associations, chambers of Commerce, academic alliances and other social organizations shall play their roles in the relevant links of the innovation chain, actively implement scientific and technological innovation activities, and form a strong joint force to jointly promote scientific and technological innovation.
Scientific and technological personnel should actively carry forward scientific spirit, explore scientific truth, safeguard scientific dignity, follow scientific ethics, give full play to their initiative and creativity, carry out scientific research and technological innovation in a down-to-earth manner, and promote the transformation of scientific and technological achievements.
Chapter two basic research and applied basic research
Article 11 institutions of higher learning, scientific research institutions, enterprises and scientific and technological personnel are encouraged to carry out basic research and applied basic research, freely explore unknown scientific problems and discover and open up new fields of knowledge.
Article 12 the funds invested by the Municipal People's government for basic research and applied basic research shall not be less than 30 percent of the municipal level scientific and technological research and development funds.
Article 13 the Municipal People's Government shall establish the Municipal Natural Science Fund to support the development of basic research and applied basic research, train scientific and technological talents, and enhance the original innovation ability and the supply capacity of key core technologies.
Article 14 We should accelerate the construction of Shenzhen Hong Kong Science and technology innovation cooperation zone, take system innovation as the core, establish scientific research system and mechanism in line with Hong Kong and international standards, gather international innovation resources, promote the coordinated development of Shenzhen and Hong Kong, promote the efficient and convenient flow of innovative elements such as personnel, funds, materials, technology and information, and create an international rule docking area and an open innovation pilot area to adapt to the development of scientific and technological innovation.
Article 15 Accelerate the construction of Guangming Science City, as the core bearing area of the comprehensive national science center, focus on the fields of information, materials, life science and technology, lay out major scientific and technological innovation carriers such as frontier cross research platforms, high-level research universities and scientific research institutions, so as to form a major scientific and technological infrastructure cluster with reasonable layout and global leading functional level, and lead the future development The new industrial cluster.
Article 16 speed up the construction of xilihu international science and Education City as a demonstration area of deep integration of production, teaching, research and application, explore the reform of higher education system and mechanism, open up and share scientific and technological resources, promote the transformation of scientific and technological achievements, guide scientific research institutions, platform carriers, enterprises and high-end talents to gather, and promote the coordinated development of education, scientific research and industry.
Article 17 accelerate the construction of national laboratories, Guangdong provincial laboratories and other high-level basic research platforms, support them to carry out management system and operation mechanism innovation, carry out strategic, forward-looking, systematic basic research and key core technology research, promote the breakthrough and innovation of discipline theory and technology, and play an innovative supporting role.
Article 18 the municipal and District People's governments shall make overall planning and layout for the construction of major scientific and technological infrastructure and introduce domestic and foreign scientific and technological innovation resources.
Support universities, scientific research institutions and enterprises to carry out frontier technology foresight research, basic principle exploration and technology concept verification, key technology research and development and key equipment research and engineering verification based on science and technology infrastructure, and promote the deep integration of major science and technology infrastructure construction and cross cutting frontier research.
Article 19 The municipal and District People's governments should focus on the core links and frontier fields of integrated circuit, artificial intelligence, biological medicine, new materials and other industrial chains, and in view of the short board and bottleneck restricting the industrial development, promote the construction of key technology platforms and major projects, focus on cultivating scientific and technological innovation teams, and introduce world-class core teams, key equipment and advanced technologies, so as to promote scientific and technological innovation The level is constantly improving.
Article 20 a financial guarantee system for basic research and applied basic research in Institutions of higher learning shall be established. We will support colleges and universities to coordinate scientific research funds, carry out basic research and applied basic research, and achieve major breakthroughs in leading original achievements.
Article 21 enterprises shall be supported to undertake basic research and applied basic research projects independently or jointly with institutions of higher learning and scientific research institutions, promote the docking and integration of basic research, applied basic research and industrialization, and improve the R & D capability of enterprises.
Article 22 the establishment of basic research funds and other forms of social investment.
The donation expenses for basic research and applied basic research by enterprises may enjoy relevant preferential treatment in accordance with relevant provisions and with reference to public welfare donations.
Chapter 3 technological innovation
Article 23 we should improve the technological innovation system with enterprises as the main body, market as the guidance and the deep integration of industry, University and Research Institute, improve the ability of independent innovation, and form a new situation of technological innovation in which research and development, application and promotion, and industrial development are integrated.
Article 24 institutions of higher learning, scientific research institutions, enterprises and scientific and technological personnel are encouraged to strengthen the research and development of public and non-profit technologies based on the industrial foundation, and strengthen the frontier layout of disruptive technology research and development.
Article 25 improve the organization, formation mechanism and management mode of key technology tackling projects, give full play to the role of institutions of higher learning, scientific research institutions, enterprises and scientific and technological personnel in tackling key core technologies, organize and implement special projects for tackling key technical problems, continuously promote breakthroughs in key core technology bottlenecks, and obtain major original scientific and technological achievements and independent intellectual property rights.
Article 26 the Municipal People's Government may organize the tackling of key technical problems involving national interests and social and public interests by issuing mandatory tasks, etc.
Article 27 enterprises that develop new technologies, new products or new processes or engage in research on core technologies, key technologies and public technologies shall, in accordance with relevant regulations, enjoy preferential treatment, such as pre tax deduction of research and development expenses, accelerated depreciation of scientific research instruments and equipment, tax exemption and reduction of Technology development and transfer.
Article 28 enterprises, institutions of higher learning and scientific research institutions are encouraged to carry out industry university research cooperation through cooperative development, commissioned research and development, and technology shares, so as to jointly carry out scientific and technological research and development.
Article 29 enterprises, institutions of higher learning and scientific research institutions are encouraged to establish new R & D institutions such as technology R & D centers and industrial research institutes, and jointly build laboratories, scientific and technological innovation bases or doctoral workstations, post doctoral research workstations, academician and expert workstations and other scientific and technological innovation platforms.
Article 30 institutions of higher learning, scientific research institutions and enterprises are encouraged to set up research and development institutions, offshore laboratories and technical cooperation platforms independently or jointly abroad, so as to make use of global scientific and technological innovation resources and enhance their scientific and technological innovation capability.
Article 31 establish and improve the system for supporting disruptive technological innovation, and support institutions of higher learning, scientific research institutions and enterprises to carry out disruptive technology research and development, achievement transformation and industrialization.
Article 32 cultivate and build new R & D institutions with diversified investment subjects, modern management system, market-oriented operation mechanism and flexible employment mechanism, and support their integration in scientific research, technological innovation and R & D services.
New R & D institutions can refer to the relevant preferential policies of scientific research institutions in undertaking government projects, title evaluation, introduction and training of talents, application for construction land, investment and financing services, etc.
Article 33 institutions of higher learning, scientific research institutions, enterprises and other social organizations shall be supported to lead or participate in the drafting and revision of international standards, national standards, industrial standards, local standards and group standards, so as to promote the formation of relevant technical standards for scientific and technological innovation achievements.
Chapter IV achievement transformation
Article 34 The Transformation of scientific and technological achievements shall comply with the provisions of laws and regulations, follow the principles of voluntariness, mutual benefit, fairness, honesty and credibility, and shall not harm the interests of the state, the public and the legitimate rights and interests of others.
Article 35 The municipal and District People's governments shall, in light of the needs of the industrial chain layout, promote all kinds of innovative subjects to establish a cooperation mechanism for the transformation of scientific and technological achievements, broaden the areas and channels of cooperation, and improve the level of transformation of scientific and technological achievements.
Enterprises and universities, scientific research institutions and other organizations are encouraged to jointly establish research and development platforms, technology transfer institutions, technological innovation alliances or intellectual property alliances, gather advanced technologies and high-quality resources, and jointly carry out research and development, application and promotion of achievements, research and development of standards.
Article 36 scientific and technological achievements made by scientific and technological personnel in carrying out the tasks of institutions of higher learning, scientific research institutions, enterprises and other units, or mainly utilizing the material and technical conditions of the units, belong to the scientific and technological achievements of their posts. If there is another agreement between the scientific and technological personnel and the unit, such agreement shall prevail.
Article 37 Where the scientific and technological achievements obtained by post are obtained wholly or mainly by means of financial funds, institutions of higher learning and scientific research institutions shall grant the right of ownership or long-term use to the scientific and technological achievements completed or teams of scientific and technological achievements, except those that may damage national security or major social and public interests.
If, according to the provisions of the preceding paragraph, the ownership of the scientific and technological achievements or the scientific and technological achievements is granted to the persons who have completed the scientific and technological achievements or the scientific and technological achievements, the unit and the scientific and technological achievements completion or the team may agree on joint ownership or Co ownership by shares. If it is agreed that the scientific and technological achievements shall be jointly owned by shares, the shares held by the completed persons or teams shall not be less than 70%; if the scientific and technological achievements are granted the right of long-term use, the term of the license shall not be less than 10 years.
For the scientific and technological achievements of the same post, if the scientific and technological personnel obtain the ownership or long-term use right of the scientific and technological achievements, their units may no longer give the achievements transformation income and relevant rewards.
Article 38 institutions of higher learning and scientific research institutions that have obtained scientific and technological achievements with financial funds may, in addition to involving state secrets and national security, independently decide on the mode of transformation according to law; all the income obtained from the transformation of scientific and technological achievements shall be retained by the unit and included in the unit budget.
Article 39 The municipal and District People's governments shall establish an incentive mechanism conducive to promoting the transformation of scientific and technological achievements, and commend and reward the relevant units and personnel with outstanding achievements in the transformation of scientific and technological achievements in accordance with regulations.
Article 40 If the responsible persons of institutions of higher learning and scientific research institutions perform the duty of diligence and due diligence, strictly implement the management systems of decision-making and publicity, and do not seek illegal interests or malicious collusion, they may be exempted from investigating the responsibility for decision-making mistakes in the pricing of scientific and technological achievements, self-determination of asset evaluation, and empowerment of post scientific and technological achievements.
Article 41 the trading platform of intellectual property rights and scientific and technological achievements established by Shenzhen stock exchange can carry out the following businesses, which shall be supervised and managed by relevant competent departments according to law:
(1) Intellectual property rights and scientific and technological achievements property rights trading business, as well as the ownership of the certificate publicity, listing display and undertake technical contract registration and other supporting business;
(2) Intellectual property securitization, equity transfer and standardized management technology market docking capital market business;
(3) Cross border transaction business of intellectual property rights and scientific and technological achievements property rights;
(4) Public welfare services such as publicity and promotion of intellectual property rights and scientific and technological achievements property rights, education and training, business consultation, protection and cooperation, etc;
(5) Other businesses approved by the competent department.
It can cooperate with intellectual property rights institutions to carry out intellectual property rights business, pledge business and intellectual property rights related insurance funds.
Institutions of higher learning, scientific research institutions and enterprises are encouraged to rely on the intellectual property rights and scientific and technological achievements property rights trading platform to carry out the transformation of scientific and technological achievements as well as intellectual property rights, scientific and technological achievements property rights and equity transactions.
Article 42 colleges and universities and scientific research institutions shall be supported to establish concept verification centers to provide technical concept verification, commercial development and other services for scientific and technological achievements in the experimental stage.
Article 43 support the construction of professional and comprehensive pilot bases, and provide pre commissioning test or pilot production services for the industrialization, commercialization and scale-up of scientific and technological achievements.
Article 44 accelerate the construction of inspection, testing and certification institutions, establish inspection, testing and certification service system with reasonable layout, fair authority, fair competition and high-quality service, and form a batch of inspection, testing and certification industrial clusters with core competitiveness.
Encourage inspection and testing certification institutions to set up technical alliances to enhance the inspection and testing certification ability in key areas.
Article 45 institutions of higher learning, scientific research institutions and enterprises shall be supported to set up technology transfer departments and introduce technical managers to participate in the transformation of scientific and technological achievements such as invention disclosure, value evaluation, patent application and maintenance, technology promotion and docking negotiation.
Article 46 when state organs, institutions and mass organizations use financial funds to purchase innovative products and services with core independent intellectual property rights and market competitiveness, if they meet the requirements, they may adopt non bidding method.
When using financial funds to purchase the products and services specified in the preceding paragraph, comprehensive scoring shall be adopted, and price shall not be taken as the sole evaluation index, and the winning bidder shall not be pre selected and determined by drawing lots or drawing numbers.
Article 47 encourage scientific and technological innovation activities in the fields of resources and environment, population and health, cultural creativity, energy conservation and emission reduction, public safety, earthquake prevention and mitigation, urban construction, etc. Encourage the application of innovative technologies to promote sustainable economic and social development.
Chapter V science and Technology Finance
Article 48 the municipal and District People's governments shall actively promote the construction of science and technology innovation fund system, and establish a fund system covering seed investment, angel investment, venture capital, merger and reorganization investment through government guidance and market cultivation.
The municipal and District People's governments may initiate the establishment of investment master funds to guide social capital to invest in high-tech industries, strategic emerging industries, future industries and other scientific and technological innovation industry projects; they may promote the transformation of scientific and technological achievements by holding the right to use, income, disposal of scientific and technological achievements or the equity formed by the transformation of scientific and technological achievements.
Article 49 support investment in technology-based small and medium-sized enterprises and early-stage science and technology projects. Enterprises and individuals investing in technology-based small and medium-sized enterprises or early-stage science and technology projects shall enjoy preferential tax treatment and special fund subsidies in accordance with relevant regulations.
Article 50 promote the establishment of a green channel for the registration and filing of science and technology innovation funds and their management institutions, enhance the degree of market access and fund raising, and build a convenient and fair development environment with transparent regulatory norms.
Article 51 establish and improve the mechanism of risk prevention and resolution and hierarchical and classified supervision of science and technology innovation funds to protect the legitimate rights and interests of investors.
Article 52 we will improve the withdrawal mechanism of science and technology innovation funds and support the establishment of secondary market trading funds for private equity investment.
Article 53 science and technology enterprises shall be encouraged to achieve innovative development through the capital market. Support technology enterprises to raise funds through issuing stocks, issuing bonds, mergers and acquisitions, and refinancing.
Article 54 financial institutions shall be supported to use financial technology means to innovate scientific and technological financial products and improve the level of financial services.
We will support the establishment of innovative financial institutions and carry out science and technology financial leasing, science and technology insurance and other businesses.
Article 55 commercial banks are encouraged to establish a risk control and incentive assessment system focusing on the credit services of science and technology enterprises, and carry out financing businesses such as credit loans, intellectual property rights mortgage loans, equity mortgage loans, expected income mortgage loans, accounts receivable loans, commercial bills pledge loans, performance guarantee insurance loans, etc.
Commercial banks are encouraged to carry out external investment and loan linkage business in accordance with the law according to the characteristics of science and technology enterprises.
Article 56 insurance institutions shall be encouraged to innovate products and services, and provide insurance services for science and technology enterprises in the aspects of product development, production and sales, data security and intellectual property protection.
Article 57 support small loan companies, financing guarantee companies, financial leasing companies, commercial factoring companies and other local financial institutions to develop characteristic financial products and services in accordance with relevant provisions, so as to provide financing convenience for science and technology enterprises.
Article 58 the risk sharing mechanism of financing guarantee shall be established to give full play to the role of financing guarantee institutions in providing credit enhancement services for scientific and technological innovation enterprises.
A municipal fund pool should be set up to support the risk sharing of financing guarantee institutions, and the districts with conditions can make matching contributions with the municipal fund pool.
Article 59 The municipal and District People's governments and their relevant departments shall promote the use of big data, blockchain, artificial intelligence and other means to strengthen the construction of public welfare financing service platform, and provide online, intelligent and batch investment and financing docking services for science and technology enterprises.
Article 60 the municipal and District People's governments may include commercial banks, insurance institutions and local financial institutions specified in Article 57 of these regulations into the scope of financial incentive subsidies, risk compensation, risk compensation, etc.
Chapter VI intellectual property rights
Article 61 the municipal and District People's governments shall promote the construction of standardized and market-oriented intellectual property operation service system, promote the efficient allocation and rational flow of various elements of intellectual property, and give play to the role of intellectual property in ensuring and supporting high-quality development.
Article 62 The municipal intellectual property authority shall, together with relevant departments, promote the improvement of the intellectual property value evaluation system, formulate the evaluation standards for intellectual property rights, cultivate evaluation institutions with strong credibility and market recognition, and provide evaluation services for intellectual property transactions.
Article 63 the municipal intellectual property authority shall establish a market-oriented high-value patent index system to guide enterprises to strengthen patent reserves and improve patent quality.
Article 64 an enterprise shall gradually incorporate the value of intellectual property into its financial statements and convert it into shares or the proportion of its capital contribution for increasing its own capital or foreign investment.
Article 65 guide enterprises to establish and improve the intellectual property management system, form an intellectual property management system that runs through all aspects of R & D, production and operation, and improve the sustainable development ability of enterprises.
Article 66 The municipal and District People's governments may establish a risk compensation mechanism for intellectual property pledge financing, set up special funds for bad debt compensation and discount interest of intellectual property pledge financing, and support financial institutions to carry out intellectual property pledge financing business.
If an enterprise carries out pledge financing with intellectual property rights and meets the requirements, it can be provided with interest discount and guarantee by financial funds.
Article 67 promote the securitization of intellectual property rights and promote the issuance of intellectual property securitization products with the future income right of intellectual property operation as the underlying assets. If an enterprise successfully issues intellectual property securitization products, the municipal and District People's governments may give appropriate subsidies.
Intellectual property licensing in securitization products is regarded as financing behavior in tax administration.
Article 68 support the establishment of a non-profit public welfare service platform for intellectual property rights to provide intellectual property agency, information, consultation, training and early warning services for institutions of higher learning, scientific research institutions, enterprises and scientific and technological personnel.
Article 69 support the development of intellectual property operation service institutions, train professional personnel of intellectual property operation, and improve the ability of intellectual property transaction, licensing, evaluation, investment and financing, commercialization, etc.
Article 70 the municipal and District People's governments shall establish an intellectual property analysis and appraisal system to support relevant professional institutions to assess and demonstrate the value and risks of intellectual property involved in major economic and technological activities, and put forward opinions and suggestions.
Chapter VII space guarantee
Article 71 The municipal planning and natural resources departments shall guarantee the land demand of high and new technology industries, strategic emerging industries, future industries and other scientific and technological innovation industries when drawing up construction land supply plans.
Article 72 the municipal and District People's governments may, in accordance with regulations, supply land for scientific research by means of allocation or agreement transfer, so as to guarantee the construction of major scientific and technological infrastructure such as Shenzhen comprehensive national science center.
Where land for scientific research is provided by way of allocation, the conditions of users and the purpose of land use shall be strictly restricted.
Article 73 The municipal and District People's governments may implement the flexible term supply system of land, and reasonably determine the term of land transfer within the statutory maximum term according to the relevant policies of scientific and technological innovation, industrial development and the operation of land users.
The municipal and District People's governments may, in accordance with regulations, supply land by means of long-term leasing, first leasing and then transferring, so as to guarantee the land demand of science and technology innovation industries. If the land is supplied by way of lease before lease, and the enterprise passes the acceptance upon the expiration of the lease term, it may apply for handling the relevant procedures for land transfer according to law.
Article 74 the municipal and District People's governments may raise innovative industrial housing through supporting construction, increasing plot ratio, renovating unified rent, buyback and cooperative development, so as to guarantee the housing demand of scientific and technological innovation industries, scientific research institutions, public service platforms of science and technology, incubators and maker space, and advanced service enterprises.
Article 75 with the exception of relocation and resettlement or government buyback, the applicants and transferees of land and housing for scientific and technological innovation projects shall be enterprises engaged in high and new technology industries, strategic emerging industries and future industries.
Article 76 If the land and housing for the supply of scientific and technological innovation industries are forced to auction by the people's court, the bidder shall obtain the conditions for the transferee as stipulated in Article 75 of these regulations before bidding. After the transaction, the sub transferee shall undertake the obligations of the transferee as stipulated in the original assignment contract. The land use conditions, property rights restrictions and industrial development requirements stipulated in the original transfer contract shall remain unchanged.
If there is no sub transferee meeting the conditions for transfer, it can be repurchased by the people's Government of the jurisdiction. The repurchase price is the sum of the annual land price of the remaining land and the residual value of the buildings after depreciation.
Article 77 the municipal and district housing construction departments shall issue guidance prices on the rent of innovative industrial housing.
Under any of the following circumstances, the rental price of the industrial housing constructed for lease shall not be higher than the guided rent price specified in the preceding paragraph. If the rental price is higher than the guided rent price stipulated in the preceding paragraph, the higher part shall be ordered to return to the lessee by the relevant departments of the District People's government
(1) Except for urban renewal and land preparation projects, the land-use right of innovative industrial housing for self-use or only rent but not for sale is obtained through agreement transfer;
(2) The right to use industrial and other industrial land is obtained through bidding, auction, listing and other means after the selection of key industrial projects.
Article 78 the leasing of innovative industrial houses under the management of the government shall not be sublet to others.
In case of violation of the provisions of the preceding paragraph, the district housing construction department shall confiscate the illegal income and impose a fine of twice the illegal income; the lessor shall take back the innovative industrial housing.
Chapter 8 innovation environment
Article 79 The municipal and District People's governments shall establish a scientific and technological innovation decision-making advisory committee composed of high-level experts in the fields of science and technology, industry, investment, law and other fields, and establish an enterprise consultation system for scientific and technological innovation decision-making, so as to consult the Committee and relevant enterprises before formulating and implementing major strategic plans, formulating important scientific and technological innovation policies, and making decisions on the layout of major scientific and technological projects.
The municipal and District People's governments can introduce high-end think tanks and consulting agencies to participate in scientific and technological innovation decision-making consultation by means of purchasing services.
Article 80 the municipal and District People's governments shall take the industrial demand as the guidance, give full play to the decisive role of the market in the allocation of human resources, and actively carry out the work of introducing scientific and technological talents.
The municipal competent department of talent work shall, together with the relevant departments, organize the introduction of scientific and technological innovation teams and leading talents urgently needed by the priority development industries, and do a good job in the management and service of the introduced talents in accordance with the relevant provisions.
Article 81 the municipal and District People's governments shall formulate and implement training plans for scientific and technological innovation talents, and make overall plans for industrial development and scientific and technological personnel development.
Support institutions of higher learning, scientific research institutions, enterprises and social organizations to hold scientific and technological innovation competitions, academic forums and other activities, and provide scientific and technological personnel with a platform for scientific and technological innovation achievements display, exchange and cooperation.
Article 82 strengthen the construction of the contingent of young scientific and technological talents, and establish a long-term and stable support and relay training mechanism in line with the law of talent growth.
Especially outstanding young scientific and technological personnel may preside over or participate in major scientific research projects and participate in the evaluation and appointment of various professional and technical posts in an unconventional manner.
Article 83 the municipal and District People's governments shall, in accordance with relevant regulations, provide conveniences for qualified scientific and technological personnel in establishing enterprises, applying for projects, guaranteeing conditions for scientific and technological innovation, entry and exit, housing, medical security, and children's schooling.
Article 84 an evaluation system for scientific and technological talents combining moral character, ability and performance shall be established to give full play to the role of the government, enterprises, professional organizations, trade associations and other multiple evaluation subjects, so as to endow the employing units with greater evaluation rights.
Article 85 personnel of professional and technical posts in Institutions of higher learning and scientific research institutions may, in accordance with relevant regulations, take part in part-time or temporary posts in enterprises or participate in project cooperation and obtain legal remuneration. They may also establish enterprises on the job or leave their posts for innovation and entrepreneurship.
Institutions of higher learning and scientific research institutions may employ managerial and scientific and technological personnel with innovative and practical experience as part-time teachers or researchers.
Article 86 science education in primary and secondary schools shall be strengthened, and an enlightening basic education orientation of stimulating scientific thinking, inspiring scientific discovery and encouraging scientific exploration shall be established.
Primary and secondary schools shall, in accordance with the relevant provisions of the education department, establish a mechanism for connecting extracurricular science popularization activities with school science courses, and carry out various forms of extracurricular science popularization activities. Encourage primary and secondary school students to participate in science and technology innovation competition, and promote the brand development of maker education.
We should encourage primary and secondary schools to jointly build innovation laboratories with institutions of higher learning, scientific research institutions and enterprises, and carry out innovative personnel training and scientific creation activities.
Article 87 The municipal and District People's governments shall strengthen the development of resources for science popularization and the construction of infrastructure for science popularization, innovate the concept and mode of science popularization, support the creation of works and product research and development of science popularization, and improve the service capacity of science popularization.
Universities, scientific research institutions and enterprises with conditions are encouraged to open R & D institutions, production facilities, processes or exhibition places to the public according to their own characteristics, carry out scientific popularization activities, and build science popularization education bases.
Article 88 encourage the establishment of scientific and technological service institutions and public service platforms for science and technology, such as research and development, technology transfer, business incubation, intellectual property rights and scientific and technological consultation, to provide professional services for scientific and technological innovation activities.
Article 89 the municipal and district judicial administrative departments shall, together with relevant departments, establish a public legal service platform to provide public legal services for the scientific and technological innovation activities of institutions of higher learning, scientific research institutions, enterprises and scientific and technological personnel. The specific measures shall be formulated by the municipal judicial administration department and implemented after being approved by the Municipal People's government.
Article 90 the municipal and District People's governments shall support the development of international scientific and technological innovation exchanges and cooperation, strengthen the convenient flow of innovation elements and efficient gathering of international innovation resources, and provide services and convenience for innovation subjects in business investigation, exhibition abroad, trade negotiation, offshore innovation and entrepreneurship, technology trade, Entry-Exit management and foreign exchange management.
The first is to launch scientific and technological innovation projects across Guangdong, Hong Kong and Macao.
We will support institutions of higher learning and scientific research institutions in Hong Kong and Macao to undertake science and technology projects set up by financial funds from Shenzhen, and establish and improve the mechanism for the use of financial science and technology funds across Hong Kong and Macao.
Article 92 the municipal and District People's governments shall promote the establishment of a platform for sharing scientific and technological innovation resources and provide open and shared services of instruments and facilities for scientific and technological innovation activities.
For large-scale scientific instruments and facilities purchased and constructed with financial funds and state-owned capital, institutions of higher learning, scientific research institutions, enterprises and other units shall, in accordance with relevant regulations, on the basis of meeting their own use needs, and through the platform of scientific and technological innovation resources sharing, open the use to the society to the maximum extent. However, those that may damage national security or major social and public interests shall be excluded.
Encourage social forces to establish a platform for sharing scientific and technological innovation resources, and promote the convenient and efficient flow of scientific and technological innovation resources.
Article 93 the municipal and District People's governments and their relevant departments shall realize interconnection and establish an information sharing mechanism for the registration, licensing and other administrative information concerning scientific and technological innovation, personnel training and introduction, etc. of institutions of higher learning, scientific research institutions, enterprises or individuals.
Article 94 the municipal department in charge of scientific and technological innovation shall establish and improve the trusteeship system of scientific and technological research and development funds, optimize the application process and improve the efficiency of funds utilization; it may use scientific and technological research and development funds to entrust professional services such as project establishment, process management and performance evaluation.
The funds for scientific and technological research and development shall be used for special purposes and shall not be used to repay the debts of the project units.
Article 95 the system of awards for science and technology shall be improved, and units and individuals that have made significant achievements or made outstanding contributions in scientific and technological innovation activities shall be commended and rewarded in accordance with relevant provisions.
We should encourage social forces to set up science and technology awards and reward scientific and technological innovation activities.
Article 96 For a scientific and technological project established with financial funds or state-owned capital, if it can be fully proved that the undertaking unit and scientific and technological personnel have fulfilled the obligation of diligence and due diligence, but still can not complete the project, the competent department of project approval may allow the project to be concluded after the expert argumentation organized by the project approval department, without affecting the relevant units and individuals applying for the establishment of science and technology with financial funds or state-owned capital again Project.
Article 97 scientific and technological innovation activities shall be conducted in accordance with the relevant ethical norms of science and technology.
If a scientific and technological project established with financial funds involves frontier fields such as life science, medicine, artificial intelligence, etc., or has potential threat to society and ecological environment, the person in charge of the project shall be required to submit a letter of commitment on scientific and technological ethics before the establishment of the project.
Units engaged in health-related research or the production and use of experimental animals shall, in accordance with relevant regulations, set up corresponding scientific and technological ethics committees, strengthen the ethical review and supervision of relevant scientific and technological activities, and fulfill the responsibility of scientific and technological ethics supervision. Relevant scientific and technological personnel shall be subject to the examination and supervision of scientific and technological ethics.
Article 98 institutions of higher learning, scientific research institutions, enterprises and other units engaged in scientific and technological innovation activities shall fulfill the responsibility of supervision and control of scientific research integrity and strengthen the construction of scientific research integrity of their own units.
Scientific and technological personnel shall abide by academic norms, professional ethics, honesty and trustworthiness, and shall not commit any of the following acts:
(1) Plagiarize, plagiarize or embezzle the research achievements or project applications of others;
(2) Fabricating research process, forging or tampering with research data, charts, conclusions, test reports or user use reports;
(3) Buying and selling, writing papers or project applications, fabricating peer review experts and opinions;
(4) Obtain examination and approval of scientific research activities by means of providing false information or taking unfair means such as bribery and interest exchange to obtain scientific and technological plan projects, scientific research funds, awards, honors, job titles, etc;
(5) Violating the ethical norms of science and technology;
(6) Violation of patent and other research results signature and paper publishing standards;
(7) Other dishonest behaviors in scientific research.
Scientific and technological personnel who have been verified by investigation to have committed the acts specified in the preceding paragraph shall be punished by the municipal and district competent departments of scientific and technological innovation in accordance with the law, and shall be punished with admonition talks, circulars of criticism, suspension or cancellation of relevant qualifications; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 99 a science and technology enterprise registered in this Municipality in accordance with the company law of the people's Republic of China may set up a special equity structure, stipulate the arrangement of voting rights difference in the articles of association, and set up shares with special voting rights greater than the number of ordinary shares.
Shareholders with special voting rights may include the founding shareholders of the company and other shareholders who have made significant contributions to the company's technological progress and business development and continue to play an important role in the subsequent development of the company, as well as the shareholders actually controlled by the above-mentioned personnel.
A company with a special equity structure may be listed and traded through a securities exchange institution if it complies with the relevant listing rules in other aspects.
Article 100 when a small and medium-sized high-tech enterprise registered in this Municipality transfers its share capital to its individual shareholders with undistributed profits, surplus reserves and capital reserves, if it is really difficult for individual shareholders to pay individual income tax at one time, they may pay it in installments within five years in accordance with relevant provisions.
Chapter IX supplementary provisions
Article 101 these Regulations shall come into force as of November 1, 2020, and the regulations on the promotion of scientific and technological innovation in Shenzhen Special Economic Zone shall be repealed at the same time.
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