Announcement of the Standing Committee of the 12th Guangdong Provincial People's Congress
（第53号）

　　The Decision of the Standing Committee of the Guangdong Provincial People's Congress on amending the Regulations on the Promotion of Independent Innovation of Guangdong Province was adopted at the 25th meeting of the Standing Committee of the 12th Guangdong Provincial People's CongressAdopted on March 31, 2016, is hereby promulgated and shall come into force as of the date of promulgation。

Standing Committee of Guangdong Provincial People's Congress
March 31, 2016

Decision of the Standing Committee of the Guangdong Provincial People's Congress on amending the Regulations of Guangdong Province on the Promotion of Independent Innovation

（Adopted at the 25th Meeting of the Standing Committee of the 12th Guangdong Provincial People's Congress on March 31, 2016)

　　The 22nd and 25th meetings of the Standing Committee of the 12th Guangdong Provincial People's Congress deliberated the motions of the Guangdong Provincial People's Government on proposing amendments to the Regulations on the Promotion of Independent Innovation of Guangdong Province (Draft), and decided to make the following amendments to the Regulations on the Promotion of Independent Innovation of Guangdong Province:

　　Paragraph 2 of Article 5 is amended to read:"People's governments at or above the county level shall increase financial capital investment, formulate relevant industrial and technological policies, guide social capital investment, encourage enterprises to increase investment in technological research and development expenses, ensure the sustained and stable growth of independent innovation funds, and make it compatible with independent innovation activities.。”

　　Article 7 is amended to read:"The provincial natural science fund established by the provincial people's government, as well as the natural science fund jointly established with the relevant departments of the state, shall fund basic research and scientific frontier exploration, improve the original innovation ability, and create original results.。”

　　Paragraph 2 of Article 11 is amended to read:"People's governments at or above the county level shall establish independent innovation projects using fiscal funds，We should adhere to the principles of macro guidance, equal competition, peer review and merit-based support，We will focus on supporting original innovation and conducting research on key generic technologies, equipment and standards for major industries，Improve original innovation and core technology breakthrough capabilities;Determine the project undertakers for the establishment of independent innovation projects with financial funds，It shall be implemented in accordance with relevant national and provincial regulations。”

　　Paragraph 2 of Article 12 is amended to read:"The people's government at or above the prefecture-level city shall establish and improve the incentive mechanism for the open sharing of large scientific instruments and facilities, and encourage the units where large scientific instruments and facilities purchased and constructed with social funds to provide shared services to the society.。”

　　Article 14 is amended to read:"The competent science and technology department of the provincial people's Government shall establish and improve the sharing service platform for large-scale scientific instruments and facilities, and provide services such as information inquiry and service promotion for the sharing of large-scale scientific instruments and facilities to the society.。

　　"The management unit that uses financial funds or state-owned capital to purchase and construct large-scale scientific instrument facilities shall submit basic information such as the name, model, application scope, and service content of large-scale scientific instrument facilities to the provincial large-scale scientific instrument facilities sharing service platform within one month from the date of completion of installation, commissioning and acceptance.。

　　"Management units are encouraged to submit basic information about large-scale scientific instruments and facilities purchased and constructed with social funds to the provincial large-scale scientific instruments and facilities sharing service platform.。

　　"The provincial large-scale scientific instrument facility sharing service platform shall be announced to the public within one month from the date of receipt of basic information.。

　　"The use of financial funds or state-owned capital to purchase, construction of large scientific instruments and facilities, to provide shared services to the community, can be in accordance with the cost of compensation and non-profit principles to charge operating fees, and can be charged according to the cost of human costs, service income into the unit budget, unified management by the unit.。”

　　6. Add one article as Article 17:"People's governments at all levels shall comply with the needs of local economic and social development，Cultivate and build a new type of research and development institutions with diversified investment entities, market-oriented operation, and R&D of key generic technologies and transformation of innovation results，And through commissioned research and development projects, scientific instruments and equipment purchase cost subsidies, operation and maintenance costs subsidies and other forms，Give them support within a certain period of time。

　　"New research and development institutions enjoy the same treatment as state-owned science and technology research and development institutions in terms of government project commitment, title evaluation, talent introduction, construction land, investment and financing.。”

　　Article 20 shall be amended as Article 21 and amended as:People's governments at or above the prefecture level and their relevant departments should support soft science research and social science research in strategic planning, policies and regulations, project demonstration, etc., promote the cross-integration of natural science and humanities and social science, and provide theories and methods for scientific decision-making。”

　　Article 21 is amended as Article 22 and one paragraph is added as the second paragraph:"Support the docking and application of Internet innovation elements, innovation systems and innovation concepts with industrial development, promote technology and business model innovation, and foster emerging business forms and new industrial growth points.。”

　　Article 26 is amended to Article 27, and paragraph 2 is amended to read:"Support enterprises, colleges and universities, scientific and technological research and development institutions to use talents and scientific and technological information exchange platforms to attract high-level talents at home and abroad to implement the transformation and industrialization of innovative achievements in the province.。”

　　Article 28 is amended to Article 29, and paragraph 2 is amended to read:"Encourage and support innovative enterprises to establish scientific and technological research and development institutions, formulate enterprise innovation and development strategies, integrate and optimize all kinds of innovation resources, and engage in core technology, key technology and public technology research.。”

　　Article 30 is amended to Article 31 and amended to read:"Institutions of higher learning and scientific and technological research and development institutions may prescribe or agree with scientific and technological personnel on the form, amount and time limit of rewards and remuneration for the completion and transformation of innovative achievements in their posts。

　　"Where institutions of higher learning and scientific and technological research and development institutions have not stipulated or agreed with scientific and technological personnel the form and amount of rewards and remuneration, they shall reward and remuneration the personnel who have made important contributions to the completion and transformation of the achievements of job innovation in accordance with the following standards:

　　"(1) Where a job innovation achievement is transferred or licensed to another person for implementation, no less than 60 percent of the net income from the transfer of such achievement or the net income from the license shall be taken;

　　"(2) Where investment is made using the achievements of post innovation, a proportion of not less than 60% shall be drawn from the proportion of shares or capital contribution formed by the achievements;

　　"(3) Where the innovation results are implemented on their own or in cooperation with others, they shall, for three to five consecutive years after the implementation of the transformation is successfully put into operation, withdraw no less than 5% of the operating profits from the implementation of the transformation results each year.。

　　"The share of rewards and remuneration for the personnel of institutions of higher learning and scientific and technological research and development institutions established by the State who have made major contributions to the completion and transformation of job innovation achievements shall not be less than 50 percent of the total amount stipulated in subparagraphs 1 and 2 of Paragraph 2 of this article.。

　　"The expenditure of the institutions of higher learning and scientific and technological research and development institutions established by the State to reward and remunerated the personnel who complete and transform the achievements of job innovation is included in the total salary of the unit in the current year, but is not limited by the total salary of the unit in the current year and is not included in the total salary base of the unit.。”

　　Article 32 is amended to Article 33, and paragraph 2 is amended to read:"The project undertaker shall implement the intellectual property rights provided for in the preceding paragraph in accordance with the law, take protective measures, and submit an annual report on the implementation and protection to the project approval department.。”

　　Article 33 is deleted。

　　Article 38 One paragraph is added as the second paragraph:"Provincial people's governments and the people's governments where high-tech industrial development zones and independent innovation demonstration zones are located，Support should be given in terms of industrial project layout, infrastructure construction, ecological environmental protection, public service supporting and relevant special fund investment，We will ensure and promote the development of high-tech industrial development zones and independent innovation demonstration zones，Promote institutional and institutional innovation。”

　　Paragraph 3 of Article 42 is amended as follows:"Innovative enterprises are encouraged and supported to raise funds through equity transactions, issuance of stocks and bonds。”

　　Add one paragraph as the fourth paragraph:"We encourage and support the construction of new entrepreneurial service platforms such as mass maker Spaces and Internet online entrepreneurial service platforms through market-oriented mechanisms, specialized services and capitalization approaches, and support small, medium-sized and micro enterprises and individuals to carry out innovative and entrepreneurial activities.。”

　　Article 45, paragraph 3, is deleted。

　　One paragraph is added to Article 46 as the second paragraph:Institutions of higher learning and scientific and technological research and development institutions shall create conditions in terms of teachers, equipment, funds, projects, credits, etc., and encourage and support college students to participate in innovative research and scientific and technological competitions。”

　　Paragraph 3 of Article 50 is amended as follows:The competent department of the independent innovation project established by the government shall establish a scientific research integrity file for the scientific and technical personnel and organizations undertaking the project, and establish a mechanism for sharing scientific research integrity information。The integrity of scientific research should be used as an important basis for the evaluation and recruitment of professional and technical titles, the establishment of independent innovation projects, and the reward of scientific research achievements。”
　　
　　Article 51 is amended to read:The relevant departments of science and technology, development and reform, economy and information technology, finance and taxation of the people's governments at or above the county level shall implement national and provincial preferential policies on taxation, finance and government procurement to promote independent innovation，Strengthen publicity and guidance work，Streamline business procedures，Provide convenient services for citizens, legal persons and other organizations to enjoy relevant preferential policies。”

　　Paragraph 2 of Article 54 is amended as follows:We will guide the society to increase investment in independent innovation and gradually increase the proportion of research and development funds in the GDP。”

　　Article 56 is amended to read:"Independent innovation projects established with the financial funds of the province，The cost of human resources to undertake the project personnel may be incurred from the project funds，Not more than 40 per cent of the cost of the project;among，Soft science research projects, social science research projects and software development projects，The cost of human resources shall not exceed 60% of the cost of the project。The cost of human resources includes the cost of human resources for the project team members of the project unit, the temporary staff of the project team, and the related expenses arranged to improve the performance of scientific research work。

　　"For scientific research projects entrusted by industries and enterprises to use social funds to carry out technological research and provide scientific and technological services, institutions of higher learning and scientific and technological research and development institutions may independently allocate funds in accordance with the entrusted contract。”

　　Article 57, paragraph 1, is amended to read:"The competent department of the independent innovation project established by the provincial financial funds shall establish a database of evaluation experts, establish and improve the expert evaluation system of independent innovation projects, and the selection, avoidance, accountability system of evaluation experts and the evaluation results publicity system.。”

　　One paragraph is added to Article 58 as the second paragraph:"In the course of the implementation of projects funded by financial independent innovation funds, where the research content or research plan needs to be significantly adjusted, the project undertaker shall submit an application in time and submit it to the project department for approval.。”

　　Article 65 is amended to read:"Violation of Article 10, paragraph 2, of these Regulations，Failure to digest, absorb and create new ones in accordance with the prepared plan，The competent department of science and technology of the people's government at or above the prefecture level shall order it to make corrections within a time limit;Not corrected within the time limit，Fail to pass acceptance，The competent authorities shall impose sanctions on the persons directly in charge and other persons directly responsible according to law，Within three years, it is not allowed to apply for independent innovation projects and science and technology awards at or above the prefecture level city。”

　　Article 66 is amended to read:"In violation of the provisions of the first paragraph of article 12 of these Regulations, does not perform the obligation of shared use according to law, the competent department of science and technology of the provincial people's government shall order correction, notify criticism, and the competent department shall impose sanctions on the directly responsible person in charge and other directly responsible persons.。”

　　Article 67 is amended as follows:"Those who violate the provisions of the second paragraph of Article 14 and the second paragraph of Article 30 of these Regulations and fail to submit or submit relevant information in accordance with the provisions shall be ordered by the competent authorities to make corrections;Those who refuse to make corrections shall be criticized in a circular。”
In addition, the order of articles has been adjusted accordingly。

　　This decision shall come into force on the date of promulgation。The Regulations of Guangdong Province on the Promotion of Independent Innovation shall be repromulgated after corresponding amendments in accordance with this Decision。

      附件：Regulations of Guangdong Province on Promoting Independent Innovation