Order No. 3 of the National Economic and Trade Commission of the People's Republic of China shall publish the Measures for the Administration of the Appraisal and Acceptance of New Products and New Technologies, which shall be implemented as of the date of promulgation. Wang Zhongyu, Director of the State Economic and Trade Commission, May 26, 1997 * General Provisions* To standardize the appraisal and acceptance of new products and new technologies (hereinafter referred to as the "Certificate"), strengthen the management of technological innovation, and promote the production of advanced and applicable new products. The effective promotion and application of the technology, the roots of the è¨ î€§å—£çª†åŸ î€§å—£çª†åŸ î€§å—£çª†åŸ î€§å—£çª†åŸ î€§å—£çª†åŸ î€§å—£çª†åŸ Ðª Ä Ä Ä Ä Ä Ä Ä Ä Ä Ä î€§å—£çª†åŸ î€§å—£çª†åŸ î€§å—£çª†åŸ î€§å—£çª†åŸ î€§å—£çª†åŸ î€§å—£çª†åŸ î€§å—£çª†åŸ î€§å—£çª†åŸ î€§å—£çª†åŸ î€§å—£çª†åŸ î€§å—£çª†åŸ î€§å—£çª†åŸ î€§å—£çª†åŸ î€§å—£çª†åŸ î€§å—£çª†åŸ Br> The second new product and new technology appraisal refers to the economic management department hiring relevant experts, in accordance with the prescribed forms and procedures, the main performance, technical level, test (investment) of new products and technologies in technological innovation activities or In the production pilot test, the feasibility, market prospects, and social and economic benefits are comprehensively reviewed and evaluated, and corresponding conclusions are made. Article 3 The new products and technologies referred to in these Measures refer to civil industrial production technologies that are advanced, novel and applicable within a certain region or industry. The new product refers to the use of new technology principles, new design ideas, research and development, or a breakthrough in some aspects of structure, material, process, etc. or significantly improved compared with the original product, thereby significantly improving product performance or expanding the use of functions, and Products that have a certain effect on improving economic efficiency. The new technology refers to the adoption of new technical principles, new design concepts and new process equipment in the production process of the product, which is more effective than the original technology in improving production efficiency, reducing production costs, improving the production environment, improving product quality, and saving energy and reducing consumption. There are obvious improvements, technologies that have reached a practical level and have a certain effect on improving economic efficiency. Article 4 The State Economic and Trade Commission (hereinafter referred to as the State Economic and Trade Commission) shall administer, direct and supervise the appraisal of new products and technologies of enterprises throughout the country. The provinces, autonomous regions, municipalities directly under the Central Government, and the municipal economic and trade commissions (the Economic Commission and the Economic Commission) plan to manage and supervise the identification of new products and technologies in the region. The relevant department of the State Council of the State Council is responsible for managing and supervising the identification of new products and technologies in the industry. Chapter II Scope and Principles of Appraisal Article 5 shall be included in the appraisal of new products and technologies (including pre- and post-production and production stages) of the national and provincial, autonomous regions, municipalities directly under the Central Government, cities with separate plans, and the relevant departments of the relevant departments of the State Council. Implemented in accordance with these Measures. If a major new product or technology developed by an enterprise itself requires the organization to be identified, it may be identified in accordance with these Measures. The identification of new products and technologies involving personal safety, social public interests, and special regulations of the state shall be implemented in accordance with relevant state regulations. Article 6 The identification of new products and new technologies shall adhere to the principles of rigorous and realistic, objective and fair, scientific and democratic, and the participation of experts and user units to ensure the seriousness and rationality of the identification work. New product and new technology appraisal work should pay attention to the technical level, economic benefits, social benefits and market prospects of new products and new technologies to ensure the effectiveness of the appraisal work. Article 7 The conclusions of the appraisal of new products and new technologies are the basis for reviewing and approving product production, technology promotion, application and transfer, obtaining rewards, and enjoying relevant national support policies. Chapter III Identification Contents and Procedures Article 8 The main contents of the identification of new products and new technologies are: (1) Evaluation of the performance, adoption standards, technical level and production process conditions of new products and technologies; (2) Examination of new products Whether the required conditions are met, and whether safety, sanitation, environmental protection, etc. meet the requirements; (3) Forecasting and analyzing market prospects, economic benefits and social benefits. Article 9 In applying for the appraisal of new products and new technologies, the following conditions shall be met: (1) The products are novel in design, reasonable in structure, advanced in performance, advanced in technology, applicable, and have new functions or improvements over the original technology. (2) Have the necessary standards, technical procedures, safety regulations, operating procedures, tooling, testing and other means, complete with complete technical documents; (3) Technical economy that meets design requirements and meets national standards, industry standards or user requirements (4) Complete technical data, true and accurate data; (5) Compliance with relevant regulations on environmental protection, safety and sanitation; (6) Appraisal and declaration procedures in compliance with the regulations. Article 10 If a new product or new technology development unit applies for appraisal, it shall submit a written application to the appraisal organization. The appraisal organizational unit shall, within 30 days from the date of receipt of the application, make a reply on whether or not to accept the application. For particularly important projects, the unit that accepts the application may report to the competent department at the next higher level for organization of the appraisal. Article 11 After the approving organization accepts the application, it may select one of the following methods for identification according to the stage of the new product and new technology development, the category of the industry and the requirements for production or promotion: (1) Testing and appraisal : The professional testing institutions certified by the relevant departments of the people's government of the province, autonomous region or municipality directly under the Central Government or the relevant departments of the State Council shall be examined and analyzed according to the relevant indicators stipulated by national standards and industry standards, and the new products and new technologies shall be tested and analyzed. report. For new products and new technologies without national standards and industry standards, enterprises shall formulate enterprise standards and use them as the basis for testing after filing according to the regulations of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. (II) Appraisal of the meeting: The appraisal organization unit hires relevant experts and main users to form an appraisal committee to review and evaluate new products and new technologies in the form of appraisal meeting, and draw conclusions. (3) Contract acceptance: The appraisal organization unit hires experts and users of relevant parties to form an appraisal committee, and conducts tests and evaluations according to the acceptance criteria and methods agreed by both parties, and draws conclusions. Article 12: The new technology and new products that have passed the appraisal shall be issued by the appraisal organization unit to the "New Product and New Technology Appraisal Certificate" uniformly formulated by the State Economic and Trade Commission. Article 13 The superior department of the appraisal unit shall, if it finds out and verify the existence of fraudulent acts in the appraisal work, has the right to declare the conclusion of the appraisal and acceptance invalid. Chapter IV Identification Organization and Management Article 14 The appraisal work shall be subject to hierarchical management. The new products and technologies included in the national plan shall be instructed and supervised by the State Economic and Trade Commission, and shall be under the presiding (or organization) of the project, that is, the competent department of the State Council or the provincial, autonomous region, municipality directly under the Central Government, and the Municipal Economic and Trade Commission. The Commission, the Economic Commission, organized the identification. New products and new technologies included in other levels of the plan will be identified by the planning department. If a major new product or technology developed by an enterprise itself requires the organization of an appraisal, it may apply to the provincial, autonomous region, municipality directly under the Central Government, the municipal economic and trade commission (the Economic Commission, the Economic Commission) or the competent department of the State Council, and the applicator shall organize the appraisal. When the provinces, autonomous regions, municipalities directly under the Central Government, and the municipal economic and trade commissions (the Economic Commission, the Economic Planning Commission) plan to appraise, they shall invite the competent department of the State Council to participate. Article 15 The appraisal organization shall perform the following duties: (1) Examine the appraisal application report, make a reply on whether to accept it within the prescribed time limit, determine the appraisal method, determine the organization form and personnel of the appraisal; (2) Adopt the meeting appraisal method The size of the meeting and the composition of the appraisal committee shall be determined as required; (3) The appraisal report submitted by the appraisal committee shall be reviewed. If there are major defects, the original appraisal committee shall be instructed to supplement the appraisal and evaluation; (4) to be responsible for mediating the appraisal disputes and appeals for the appraisal work; (5) issuing the consulting fees to the experts participating in the appraisal work according to relevant regulations; Appraisal certificate shall be submitted to the competent department of higher authority for approval and filing. Article 16 The appraisal committee shall be composed of technical experts and technical and economic experts who have the following qualifications: (1) having senior technical titles (jobs) of the industry (or related industries) or senior professional titles (jobs) of technical and economic majors, Under special circumstances, no more than 20% of the business backbone with intermediate technical titles may be employed; (2) It has rich science and technology, management knowledge and good professional ethics, and is realistic and fair. Article 17 The members of the appraisal committee shall be seven to fifteen persons, and in principle shall be singular. In the appraisal committee, members from the user system account for more than one-third of the total number of members. Personnel directly involved in the development of this product or technology may not participate in the appraisal committee. In principle, the personnel of the project undertaker shall not participate in the appraisal committee. If the special industry needs the project undertaker to participate due to professional restrictions, the number of its members shall not exceed one fifth of the total number of appraisal members. Article 18 The appraisal committee shall perform the following duties: (1) to accept and be responsible for the leadership of the appraisal organizational unit; (2) adhere to the attitude of seeking truth from facts and scientific rigor, and review and evaluate new products and technologies; Organize the review of new products and new technologies and verification tests; (4) Submit an appraisal report. The issue of objection to the conclusion should be noted in the report, and all members should sign the certificate of authentication. The person in charge of the appraisal committee is responsible for the conclusion of the appraisal, and each member has the right to fully express his or her personal opinion. Article 19 Relevant personnel participating in the appraisal shall take reasonable measures to protect the trade secrets they are aware of in the identification of new products and new technologies. You may not disclose, use, or permit others to use or transfer the trade secret without the permission of the right holder. Chapter V Penalty Article 20 If the project undertakes the unit or individual to seek fraud and fraud in the process of appraisal, once the investigation is completed, the organization appraisal unit shall suspend the appraisal; if the appraisal has been completed, it shall be revoked; if the state or society causes losses, The unit directly responsible or the competent department at the higher level shall give administrative sanctions to those directly responsible. Article 21 If the staff members of the appraisal organization unit neglect their duties in the appraisal work, use the power to seek personal gains, or accept bribes, the unit or the competent department at a higher level shall give administrative sanctions. Article 22: Experts participating in the appraisal work neglect their duties, or deliberately make false conclusions, causing adverse consequences, and canceling their eligibility for the task of appraisal shall be given administrative sanctions by their unit or the competent department at a higher level. Article 23: Relevant personnel who participate in the appraisal, without the permission of the right holder, disclose, use or allow others to use or transfer the trade secrets involved in the project without authorization, and shall be investigated for their responsibilities according to relevant laws; where national technical secrets are involved, In accordance with the "Convention on the Protection of State Secrets of the People's Republic of China" and the relevant provisions on the secrecy of science and technology Chapter VI Supplementary Provisions Article 24 The relevant departments of the State Council, the provinces, autonomous regions, municipalities directly under the Central Government, and the municipal economic and trade commissions (the Economic Commission and the Economic Commission) may formulate new products in accordance with the principles of the present Measures and the specific conditions of the industry and the region. The implementation rules for the new technology appraisal and acceptance measures. Article 25 The State Economic and Trade Commission is responsible for the interpretation of these Measures.
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