State Determination of Enterprise Technology Center Management Measures

Chapter I General Provisions Article 1 shall fully implement the “Proposal of the CPC Central Committee on Formulating the Eleventh Five-Year Plan for National Economic and Social Development” and the “Decision of the Central Committee of the Chinese Communist Party and the State Council on Implementing the Outline of the Science and Technology Plan to Strengthen Independent Innovation Capability”. Bring into play the important role of the state-certified enterprise technology center in establishing a technological innovation system that combines enterprise as the main body, market orientation, and the combination of production, study and research, and standardizes and strengthens the identification and evaluation of the state-identified enterprise technology center, based on the science of the People's Republic of China The "Technical Progress Law" specifically formulated this approach.

Article 2 In order to promote the construction of enterprise technology centers, establish the main position of enterprise technological innovation and scientific and technological investment, and determine the enterprise technology centers with strong technical innovation capability, significant innovation performance, and important demonstration role in the national economy, and the state shall recognize it. And give corresponding preferential policies to encourage and guide enterprises to continuously improve the ability of independent innovation.

Article 3 The National Development and Reform Commission, the Ministry of Science and Technology, the Ministry of Finance, the General Administration of Customs, and the State Administration of Taxation shall be responsible for the identification of the state-identified enterprise technology centers. The National Development and Reform Commission took the lead in providing macro-level guidance on the construction of enterprise technology centers, and took the lead in charge of the specific organizational work and evaluation that the State identified as determined by the enterprise technology center.

Chapter II Recognition Article 4 The state shall determine that the establishment of an enterprise technology center shall be organized once a year, and the deadline for acceptance of the application shall be May 15 of each year.

Article 5 The applicant shall meet the following basic conditions:

(1) With strong economic and technological strength and good economic returns, it has significant scale advantages and competitive advantages in all major industries of the national economy.

(b) The leadership attaches importance to technological innovation, has a strong sense of market and innovation, and can create good conditions for the construction of a technology center.

(III) It has relatively complete research, development and experimental conditions, strong technical innovation capability and high investment in research and development, core technologies with independent intellectual property rights, well-known brands, and international competitiveness, research and development and innovation The level is in the leading position in the same industry.

(4) Technology leaders with a high level of technology and rich practical experience, a certain number of technical talents, and strong innovation talents in the industry.

(5) The technical center has a sound organizational structure, a clear development plan and goals, a stable mechanism for cooperation between industry, universities, and research institutes, and an intellectual property management system, with remarkable technological innovation performance.

(6) Within two years (referring to the application of the state to determine the technical center of the enterprise for the year of May 15 of the year to extrapolate for two years), the following situations have not occurred: 1. Tax violations such as tax evasion and fraudulent export tax refunds are subject to criminal administrative sanctions. 2. Alleged tax-related violations have been reviewed by the tax authorities. 3. Smuggling.

(7) It has been determined that provinces, municipalities (departments) have identified enterprise technology centers for more than two years.

(8) The three indicators of expenditures for scientific and technological activities, the number of full-time research and experimental development personnel, and the original value of technical development equipment and equipment shall not be lower than the minimum standards for restrictive indicators.

Article 6 Determination Procedures:

(1) Local enterprises submit applications to the relevant competent authorities of the provinces, autonomous regions, municipalities directly under the Central Government, and cities under separate planning (hereinafter referred to as "the relevant competent authorities") and submit application materials as required. The application materials include: "Application Report on Nationally Recognized Enterprise Technology Centers" and "Enterprise Technology Center Evaluation Materials."

(2) The relevant competent authorities shall review the application materials reported by the enterprises together with the science and technology, finance, customs, and taxation departments at the same level, and determine the list of recommended companies in accordance with the relevant requirements of the State. The relevant competent authorities, together with the scientific and technical departments at the same level, submit the application materials of the recommended enterprise (in triplicate) to the National Development and Reform Commission within the specified time, and copy the list of recommended companies to the Ministry of Science and Technology, copy the financial department at the same level, the competent customs, and the state. Tax Bureau.

(3) The relevant departments of the State Council, separately listed enterprise groups, and central management enterprises may directly submit the application materials of the recommended enterprises to the National Development and Reform Commission, and copy the list of recommended companies to the Ministry of Science and Technology, the Ministry of Finance, the General Administration of Customs, and the State Taxation Department. General Administration.

(4) The National Development and Reform Commission entrusts intermediary assessment agencies to make initial evaluations of enterprise application materials in accordance with the Evaluation Index System for Enterprise Technology Centers.

(5) Based on the results of the initial evaluation, the National Development and Reform Commission took the lead of the Ministry of Science and Technology, the Ministry of Finance, the General Administration of Customs, and the State Administration of Taxation and other related departments to organize experts to conduct comprehensive assessments.

(VI) National Development and Reform Commission together with the Ministry of Science and Technology, the Ministry of Finance, the General Administration of Customs, and the State Administration of Taxation, after reviewing the general principles of the national industrial policy and the national import tax tax expenditure, as well as the annual plan, preliminary evaluation results, expert review opinions, etc., after comprehensive review , to determine the preferred national list of enterprise technology centers.

Article 7 is already an enterprise recognized by the State as an enterprise technology center. If the enterprise technology center of its holding subsidiary has the conditions for a state-certified enterprise technology center, and the business area is different from that of the parent company, it may apply as a point for the enterprise's state-identified enterprise technology center. The center, the application materials and the certification procedures are the same as those of the state-identified enterprise technology center.

Article 8 The National Development and Reform Commission, together with the Ministry of Science and Technology, the Ministry of Finance, the General Administration of Customs, and the State Administration of Taxation, shall issue the results in the form of announcements to the results of the recognition (including the sub-centers of state-certified enterprise technology centers).

Article 9 The State shall determine that the results of the identification of the enterprise technology center shall be promulgated within 90 working days from the date of acceptance by the National Development and Reform Commission.

Chapter III Evaluation Article 10 Based on the evaluation index system of the enterprise's technology center, the state-identified enterprise technology center shall conduct an evaluation every two years.

Article 11 Evaluation Procedures:

(a) Data collection. The state determines that the enterprise technology center should report the evaluation materials to the relevant competent authorities by April 15 of that year. The evaluation materials include: "National Work Summary of the Enterprise Technology Center Annual Review" and "Enterprise Technology Center Evaluation Materials."

(b) Data preliminary examination. Relevant competent authorities shall review the evaluation materials submitted by the state-identified enterprise technology center, issue review opinions, and report to the National Development and Reform Commission by May 15 of the same year after the official seal is affixed; the related departments of the State Council, the enterprises listed separately in the plan, and the central management company may Directly reported to the National Development and Reform Commission (assessed in triplicate).

(c) Data verification. The National Development and Reform Commission entrusts the intermediary evaluation agency to verify the evaluation materials and related conditions reported by the state-owned enterprise technology center. Verification methods include verification meetings and on-site inspections.

(D) data calculation and analysis. The National Development and Reform Commission entrusted the intermediary evaluation agency to calculate and analyze the data after verification in accordance with the evaluation index system of the enterprise technology center, obtain the evaluation results, and form an evaluation report.

Article 12 The evaluation results are divided into excellent, qualified, and unqualified.

(I) The score of 90 points or more is excellent.

(B) The score is 60 points (60 points) to 90 points.

(3) The evaluation of one of the following conditions is unqualified.

1. The evaluation score is less than 60 points;

2. Two consecutive evaluations scored between 65 (including 65) and 60 points;

3. Enterprise Technology Center that does not submit evaluation materials overdue for one month;

4. Any one of the three indicators of corporate science and technology expenditure, the number of full-time research and development personnel in the enterprise, and the original value of equipment for enterprise technology development is lower than the minimum standard specified in the evaluation index system.

Article 13 The National Development and Reform Commission shall, together with the Ministry of Science and Technology, the Ministry of Finance, the General Administration of Customs, and the State Administration of Taxation, review and confirm the evaluation results and evaluation report. The National Development and Reform Commission promulgates the evaluation results in the form of announcements.

Article 14: The State determines that the evaluation results of the enterprise technology center shall be promulgated within 70 working days from the date of submission of the evaluation materials.

Chapter IV Adjustments and Withdrawals Article 15 Where a group company's technology center is recognized as a state-certified enterprise technology center, the qualifications of its subordinate company's original state-identified enterprise technology center shall be adjusted, among which an independent legal person shall be qualified and shall engage in the business field. Different from the group company, it can be adjusted to the sub-center of the group company's state-identified enterprise technology center; in the business area, it is consistent with the group company to cancel the qualification of the state-identified enterprise technology center, and no longer enjoys the separate preferential policies.

Article 16 The revocation of the qualifications of its state-identified enterprise technology center shall occur in one of the following circumstances:

(i) Failure of evaluation;

(2) Where the state determines that the enterprise where the enterprise technology center is located voluntarily requires the withdrawal of its state-certified enterprise technology center;

(3) Where the state determines that the enterprise where the enterprise technology center is located is terminated according to law;

(4) Enterprises with major quality and safety accidents due to technical reasons;

(5) Where the State determines that the enterprise where the enterprise technology center is located enjoys the preferential taxation policies for import and export of scientific and technological development goods, the imported goods that have been transferred without authorization, or used for other purposes, are investigated for criminal responsibility according to law.

(6) Where the state determines that the enterprise where the enterprise's technology center is located violates relevant laws and regulations, it shall be investigated for criminal responsibility according to law.

Article 17 The National Development and Reform Commission, together with the Ministry of Science and Technology, the Ministry of Finance, the General Administration of Customs, and the State Administration of Taxation, confirms that the state-owned enterprise technology center for adjustment and revocation is promulgated in the form of an announcement.

Chapter V Management and Policy Article 18 The contents and data of the application materials and evaluation materials submitted by enterprises shall be true and reliable. Enterprises that provide false materials after verification shall not apply for state certification within three years of the application for enterprises that have been certified by the State as an enterprise technology center; enterprises that have already been recognized as technical centers of the State shall revoke the qualifications of their country-identified enterprise technology centers and may not apply for national certification within three years.

Article 19 Whoever has been revoked by the State for the reasons for the determination of the qualification of the enterprise's technical center shall not reapply for the state's confirmation within two years.

Article 20 For those countries with an evaluation score of 65 (including 65) to 60 points, the enterprise technology center shall be given a warning, and the relevant competent authorities, the relevant departments of the State Council, the enterprise groups under the plan, and the central management enterprise shall be responsible for overseeing the rectification.

Article 21 The direct customs offices shall verify the existence of the smuggling activities of the enterprise where the state determines that the enterprise's technology center is located and the enterprise where the application state recognizes the enterprise's technology center. The verification of the specific requirements shall be notified separately by the General Administration of Customs.

Article 22 The taxation department shall annually verify the existence of tax-related illegal acts of the enterprise where the state determines that the enterprise's technology center is located and the enterprise where the application state has determined that the enterprise's technology center is located. The verification of specific requirements shall be notified separately by the State Administration of Taxation.

Article 23 Where the State determines that the enterprise where the enterprise technology center is located enjoys the preferential taxation policies for import and export of scientific and technological development products, the imported goods that have been transferred, used for other purposes, or other disposals are criminally investigated for criminal responsibility according to law, from the date of discovery of the illegal act. From the beginning of the suspension of enjoyment of the preferential taxation policy on imports, if it is not enough to investigate criminal responsibility, it shall stop enjoying the preferential policy for one year from the date of discovery of the illegal act.

Article 24 Where a State that has tax-related illegal acts such as tax evasion or fraudulent export tax refunds finds that the enterprise where the enterprise's technology center is located is not sufficient for investigation of criminal liability, it shall stop enjoying the science and technology development products and exempt from the preferential import tax policy for one year. The date of the announcement of the preferential policy).

Article 25 Where the State determines that the enterprise where the enterprise technology center is located has undergone major changes such as name change and reorganization, it shall, within 30 working days after the relevant formalities, go through the relevant competent authorities, relevant departments of the State Council, separate planned enterprise groups, and central management enterprises. The relevant information was reported to the National Development and Reform Commission and a copy was made to the Ministry of Science and Technology, the Ministry of Finance, the General Administration of Customs, and the State Administration of Taxation.

Article 26 The National Development and Reform Commission together with the Ministry of Science and Technology, the Ministry of Finance, the General Administration of Customs, and the State Administration of Taxation shall review and confirm the status of the company's rebranding each year, and shall publish a list of nationally recognized enterprise technology centers.

Article 27 The State determines that the enterprise technology center (including sub-centers) enjoys the relevant preferential policies in accordance with the “Interim Provisions on the Exemption of Import Taxes for the Exploitation of Scientific and Technological Products” (Decree No. 44 of the State Administration of Taxation of the General Administration of Customs of the Ministry of Finance). The off-site branch of the company that has been identified by the State needs to meet the fifth paragraph of Article 5, and can enjoy the relevant preferential policies after it is approved.

Article 28: The National Development and Reform Commission passes the special project of innovation capacity building of the enterprise technology center, and the Ministry of Science and Technology grants financial support to the state-certified enterprise technology center through the special technological plan of the enterprise technology center to guide and encourage enterprises to increase investment in technological innovation and strengthen autonomy. Innovation will promote the establishment of a state-owned enterprise technology center.

Article 29 The state recognizes that the enterprise where the enterprise technology center is located shall fill in the "Statement of the Exemption of Products of State-Ascertained Enterprises' Technology Centers and Imported Science and Technology Development Products for Taxation" every year, and shall report it to all competent authorities and provincial financial departments before February 15 of each year. Competent authorities and the provincial finance departments will report to the National Development and Reform Commission and the Ministry of Finance respectively before the end of February.

Chapter VI Supplementary Provisions Article 30 All provinces and municipalities and relevant departments of the State Council may, in light of the actual conditions of the region (department), refer to the present Measures, formulate corresponding policies, and carry out the identification and evaluation of enterprise technology centers recognized by provinces and cities (divisions), and The construction of the technical center gives corresponding support.

Article 31 The present Measures shall come into force on May 20, 2007. The Measures for the Administration of State-Ascertained Enterprise Technology Centers issued in 2005 (Decree No. 30 of the State Administration of Taxation of the General Administration of Customs of the Ministry of Finance of the State Development and Reform Commission) shall be repealed at the same time.

Article 32 The Measures shall be interpreted by the National Development and Reform Commission together with the Ministry of Science and Technology, the Ministry of Finance, the General Administration of Customs and the State Administration of Taxation.

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