Laws of the People's Republic of China

Guo Tu Zi Fa [2006] No.199

The Departments of Land and Resources (Departments of Environment Resources, Departments of Land Resources, Bureaus of Land Resources and Housing, and Bureaus of Land Resources for Housing) of all provinces, autonomous regions, municipalities directly under the Central Government, Land and Resources Administrative Departments of cities specifically designated in state plan, the Land Department of People's Liberation Army, the Land and Resources Department of Xinjiang Production and Construction Corps, the Chinese Geological Investigation Department, and other units directly under the State Council and all offices of the Ministry:

The Measures for the Examination of Science and Technology Innovation by Ministry of Land and Resources (for Trial Implementation) have been examined and approved on the sixth administrative general meeting on August 25, 2006. Please implement after the printing and issuing.

The Ministry of Land and Resources

September 5, 2006

Measures for the Examination of Science and Technology Innovation by Ministry of Land and Resources (for Trial Implementation)

Article 1

These Measures are formulated to follow the spirits of the Science and Technology Conference held by the Ministry of Land and Resources, implement the strategy of " invigorating the land through science and technology", excellently accomplish the examination of various special items in scientific and technological innovations and promote the standardization and systemization of management.

Article 2

The so-called "special items" in these Measures refers to the special projects organized by the Ministry of Land and Resources and specially funded by the central finance.

Article 3

The scientific and technological innovations shall be examined in accordance with the Ministry of Land and Resources' Medium and Long Term Outline of Development Program for Science and Technology (2006-2020) (hereinafter called the Development Program) and relevant special programs in order to strengthen the integral disposition of scientific and technological innovations, take the significant ones as priorities into the special items, spread the adaptation of advanced and applicable techniques, promote the training of innovative talents and the construction of research bases, and improve the ability of self-innovation in science and technology concerning land and resources.

Article 4

The Ministry's science and technology leading group shall lead and organize the examination, and the office for the Ministry's science and technology leading group (hereinafter called the office) shall be responsible for the specific matters.

Article 5

The office shall issue guidance for scientific and technological innovation projects in accordance with scientific and technological programs and special programs, establishing a database for the scientific and technological innovations and renewing it according to the annual focus of work.

Article 6

The guidance for scientific and technological innovation projects shall be compiled by the office, department and bureau for special item management and performing entity, pointing out the fields and the directions which will enjoy priority in support and approval from the program.

Article 7

Scientific and technological innovation projects shall support especially the solutions of significant scientific and technological problems and the research, development and promotion of advanced and applicable techniques in the aspects such as the investigation and assessment of land resources, the protection of arable land, the adjustment of land, the plan and utilization of land, the exploration of oil, gasoline and other mineral resources, the appropriate utilization of mineral resources, the protection of mineral environment, and the geological catastrophe forewarning, as well as the management rules and policy research on land and resources.

Article 8

The approval of the scientific and technological innovation projects shall follow the principles of combining production, study and research and combining scientific research and investigation, which shall lead to the support especially for the projects closely associated with the innovation base for talent training and key laboratories, and for the adaptation of significant fundamental theories and the promotion of advanced and applicable techniques.

Article 9

The institutions directly under the Ministry may write proposals for the approval of scientific and technological innovation projects independently or with the effort of research institutes, universities and enterprises and submit the proposals to the office.

Article 10

The office, together with the special item management department and performing entity, shall, in accordance with the principle of openness, fairness and justness, organize an export panel to examine the submitted proposals for the approval of scientific and technological innovation projects, choose the ones meeting the requirements of the application guidance and argument procedure, and bring them into the database of scientific and technological innovation projects in the Ministry.

Article 11

The projects, which are listed in the database but are not scheduled in the current year, shall be rolled down to the next year for selection. For those that need modification or cancellation, the entity submitting the project shall apply for modification or cancellation.

Article 12

The office shall participate in the formulation of special projects programming and annual plan, and be liable for the organization of putting forward advice for the approval of significant scientific and technological innovation projects.

Article 13

By the end of every July, the office shall select from the database and recommend the proposed projects in the current year to the leading group for examination.

Article 14

Each special item, when the annual working plan thereof is formulated, shall first arrange those projects approved by the leading group, and actively support other important scientific and technological innovation projects according to the working requirements.

Article 15

The office shall participate in the argumentation and examination of the projects to be approved to the annual plan, formulating opinions after the examination of scientific and technological innovation to be reported to the leading group for approval.

Article 16

The content of opinions after the examination of scientific and technologic innovation shall include:

(1)

a general comment on the improvement of special item work based on scientific and technologic advancement and innovation for the annual plan;

(2)

the opinion after examination towards the precedence of some significant innovation projects approved by the leading group in the annual plan;

(3)

the opinion after examination towards the adaptation of advanced and applicable projects and the elimination of outmoded techniques in the annual plan;

(4)

the opinion after examination towards the connection between the innovation projects and talent training and construction of innovation base in the annual plan;

(5)

the opinion for readjusting the disposition of innovation projects in the annual plan.

Article 17

Each special item shall refine its annual plan in accordance with the opinion after examination of scientific and technological innovation approved by the leading group.

Article 18

The office, after the budget for special item is officially replied, shall compile the annual plan of Ministry of Land and Resources for science and technology development, collecting the country's scientific and technologic projects assumed by the unit directly under the Ministry, the significant scientific and technological innovation projects arranged as the special items and other important innovation projects, together with the significant innovation projects practiced by the provincial ministry of land and resources and submitted for approval as special items, so as to master the general situation of scientific and technologic innovation projects in the system of the country's land and resources.

Article 19

The performance of significant scientific and technological innovation projects and the financial management thereof shall be implemented in accordance with relevant stipulations in the special items.

Article 20

The office shall participate in the phase assessment and examination of significant scientific and technological innovation projects. The assessment and examination shall be arranged by departments and bureaus for special item management and performing entities.

Article 21

The performing entity shall by the end of every November submit its description of performance of the scientific and technological innovation project to the office who shall by the end of every December collectively report the general situation of scientific and technological innovation to the leading group.

Article 22

The scientific and technological innovation projects which have been included into the Ministry of Land and Resources annual plan for science and technology development shall bear the sign "the Ministry of Land and Resources Science and Technology Development Plan" in their research findings, certificates and reports on the findings, and the ownership of the research findings shall be determined in accordance with relevant stipulations of the country's intellectual property protection.

Article 23

The office, jointly with the department and bureau for special item management, shall organize the acceptance examination of the significant scientific and technological innovation projects whose research findings must be registered before the acceptance examination in the office for research finding management in the Ministry.

Article 24

The significant scientific and technological innovation projects that have passed the acceptance examination may apply for the appraisal of scientific and technological achievements in accordance with relevant regulations

Article 25

The Ministry's competent authorities of science and technology shall, in accordance with the measures for rewarding formulated by the country and the ministry, select from the registered research findings the projects to be rewarded by the Ministry and be recommended for the country's reward.

Article 26

The competent departments for land and resources of all provinces, autonomous regions and municipalities directly under the Central Government may formulate corresponding administrative measures on the basis of these Measures.

Article 27

These Measures shall come into force on the day of promulgation.

Article 28

The Ministry of Land and Resources shall be liable for the interpretation of these Measures.