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The second item of project evaluation refers to the special departments of science and technology planning of the Ministry of Science and Technology in accordance with the principles of openness, fairness and competition, selecting and selecting the evaluation institutions with scientific and technological assessment capabilities, and specializing the projects according to the prescribed procedures, methods and standards. Consulting and judging activities.
Project review means that the competent departments of the science and technology plan of the Ministry of Science and Technology organize or entrust relevant units to organize experts in science and technology, economy, management, etc., and conduct consultation and evaluation activities on the project in accordance with the prescribed procedures, methods and standards.
Article 3 These Measures are applicable to units and individuals that organize or participate in evaluation and evaluation activities during project establishment (including project bidding), project inspection, project acceptance, etc., including organizers and undertakers of project evaluation and evaluation activities, and project evaluation. Personnel and review experts as well as project recommenders and project applicants (including bidders and project owners, the same below).
Article 4 The Ministry of Science and Technology is responsible for the supervision of the assessment and evaluation activities of national science and technology plan projects.
Article 5 Project evaluation or review activities shall adhere to the principles of independence, objectivity and impartiality in accordance with the requirements of relevant state laws, regulations, rules and policies, and consciously accept supervision by relevant parties.
The evaluation report of the evaluation agency or the project evaluation of the review experts is an important reference for the management decision of the Ministry of Science and Technology.
Article 6 The project evaluation and evaluation organizers, that is, the competent departments of science and technology plans of the Ministry of Science and Technology and their related personnel, and the directly affiliated institutions and related units of the Ministry of Science and Technology and their related personnel who are entrusted to organize project evaluation and evaluation activities shall strictly implement the project establishment, In the inspection, acceptance, evaluation of the rules, procedures and methods of the assessment, the correct implementation of the project evaluation and evaluation of the management, guidance and supervision functions, loyal to the duties, administration according to law, integrity and self-discipline.
The project evaluation review organizer's adoption of the assessment review comments must be stated at the time of approval. The project evaluation review organizer shall observe the following provisions in the organization evaluation review activities:
(1) It is not allowed to directly engage, participate in or interfere with the project evaluation and evaluation activities, and shall not exert a propensity influence on the evaluation agency, the evaluation personnel or the evaluation experts;
(2) It is not allowed to use the project evaluation and evaluation activities to obtain illegitimate interests;
(3) It is not allowed to entrust an evaluation agency that does not have the prescribed conditions or to hire an evaluation expert who does not have the prescribed conditions to undertake the project evaluation and evaluation activities;
(4) It is not allowed to employ an evaluation agency or review expert who should evade or have a bad record in the past assessment and evaluation work;
(5) It is not allowed to violate the confidentiality regulations and arbitrarily disclose the evaluation and evaluation materials, the list of evaluation personnel or review experts, the project evaluation report, the evaluation expert opinions or other evaluations and evaluations that should be kept confidential;
(6) It is not allowed to conceal, distort or untruely reflect the clear opinions put forward by the evaluation agency or the review expert;
(7) Handling inquiries, objections and reports related to the assessment and appraisal in strict accordance with the prescribed procedures and methods;
(8) It is not allowed to collude with applicants of a certain project to exclude applicants from other projects;
(9) It is not allowed to receive evaluation and evaluation fees and labor costs, and may not request or accept gifts, gifts, securities, payment vouchers, banquets or other benefits that may affect the fairness of the appraisal object and related personnel.
Article 7 The project evaluation and evaluation activities undertakers, that is, the scientific and technological evaluation agencies, review organizations and related personnel entrusted to undertake the evaluation and evaluation activities, shall strictly abide by the relevant rules, procedures and methods for project evaluation and evaluation, and carry out the projects within the scope of the entrustment. Evaluation review activities.
The project evaluation review activity undertaker shall abide by the following provisions:
(1) It is not allowed to use the project evaluation and evaluation activities to obtain illegitimate interests;
(2) It shall not violate the provisions of the project evaluation and evaluation work plan and budget;
(3) It is not allowed to exert a propensity influence on the review experts outside the prescribed procedures, and damage the national interests or the legitimate rights and interests of other project applicants;
(4) The feasibility report of the project shall not be prepared for the object of evaluation and assessment, or the materials required for inspection and acceptance shall be provided;
(5) It is not allowed to violate the confidentiality regulations and arbitrarily disclose the evaluation and evaluation materials, the list of evaluation personnel or review experts, the project evaluation report, the evaluation expert opinions or other evaluations and evaluations that should be kept confidential;
(6) It is not allowed to request or accept gifts, gifts, securities, payment vouchers, banquets or other benefits that may affect the fairness of the object of assessment and related personnel.
Article 8 Project appraisers and review experts shall, in a scientific manner and method, strictly follow the relevant provisions, procedures and methods of project evaluation and evaluation, seek truth from facts, and evaluate or make opinions on the project independently, objectively and fairly.
The project evaluator or review expert shall observe the following provisions in the project evaluation review activities:
(1) If it is found that there is a relationship of interest with the project or project applicant or other relationship that may affect the impartiality, it shall take the initiative to affirm and evade the project evaluation review organizer;
(2) The special status and influence of the evaluator or the reviewing expert shall not be used, or may be colluded with the appraisal and appraisal object and relevant personnel to facilitate the project establishment or facilitation through inspection and acceptance;
(3) Do not suppress different academic views and other expert opinions;
(4) It is not allowed to make conclusions about subjective expectations, opportunistic, out of context, and one-sided evaluation that is inconsistent with objective facts;
(5) The business secrets of the object to be evaluated shall not be disclosed, used or licensed without authorization;
(6) Strictly observe the confidentiality regulations. Without permission, it is not allowed to contact the appraisal object and relevant personnel separately, copy or retain the assessment data, or disclose confidential information to others;
(7) It is not allowed to request or accept gifts, gifts, securities, payment vouchers, banquets or other benefits that may affect the fairness of the object of assessment and related personnel.
Article 9 The project recommenders, that is, the scientific and technological administrative departments at all levels, relevant units and relevant personnel, shall conduct necessary inspections and arguments on the projects recommended for project approval or inspection and acceptance, and truthfully reflect the recommended projects and project applicants. And the relationship with the project applicant and the level of understanding of the project applicant.
Project recommenders should abide by the following regulations:
(1) Do not discriminate against potential project applicants, and deliberately do not recommend projects that meet the application conditions;
(2) It shall not be colluded with the project applicant, and shall be falsified in the application materials for project approval or the application materials for inspection and acceptance;
(3) It is not allowed to draw relationships for project applicants and interfere with project evaluation and evaluation;
(4) Do not request or accept gifts, gifts, securities, payment vouchers, banquets or other benefits that may affect the fairness of the project applicant and related personnel.
Article 10 In the project establishment, inspection and acceptance process, the project applicant is obliged to accept and cooperate with the evaluation of the evaluation agency or the review organized by the scientific and technological plan management department, and provide all the information and information related to the project as required to ensure the provision. Information and information are true and effective.
Project applicants should abide by the following regulations:
(1) It is not allowed to falsify and deliberately provide false information and information in the project evaluation and evaluation activities;
(2) The application for the same project (including projects with the same or similar research contents) shall not be repeated;
(3) It is not allowed to collude with each other or collude with scientific and technological project project management personnel, appraisers, and review experts to obtain evaluation and evaluation information of relevant projects by improper means;
(4) Don't give or promise gifts or other benefits to the project evaluation review organizer, project evaluation review activity undertaker, project recommender, project evaluation personnel and review experts;
(5) Do not fabricate lies, fabricate facts, vilify, insult, or frame science and technology plan project managers, project evaluation and review activity undertakers, project appraisers, review experts, and other project applicants;
(6) Other acts that hinder the independent, objective and impartial conduct of the project evaluation and evaluation activities shall not be carried out.
Article 11 The legal work institutions, comprehensive plan management institutions, science and technology fund management agencies and the supervisory agencies of the Ministry of Science and Technology of the Ministry of Science and Technology shall, in accordance with the provisions of these Measures, be specifically responsible for supervising and inspecting project evaluation and evaluation activities.
Article 12 The supervision of assessment and evaluation activities may take the form of regular supervision and special supervision. Regular supervision refers to the supervision and inspection of the whole process of project evaluation and evaluation activities; special supervision refers to the supervision and inspection of a certain part or a certain type of project evaluation and evaluation. For the evaluation and evaluation activities of major projects, special supervision methods should be adopted for key supervision.
Article 13 The supervision of the assessment activities may be carried out in the following ways:
(1) Listening to the reports of the parties to the assessment and evaluation activities;
(2) consulting documents, contracts, materials, etc. related to the assessment review;
(3) Participating in meetings related to the assessment of the review;
(4) investigating and verifying with relevant units and individuals;
(5) Other appropriate methods.
Article 14 If the competent department of the special science and technology plan of the Ministry of Science and Technology and its related personnel have one of the following acts, the disciplinary action shall be taken against the principal responsible person or the person directly responsible according to the seriousness of the problem; if the crime is constituted, it shall be transferred to the judicial organ for investigation. criminal responsibility.
(1) The major circumstances of the assessment and evaluation are concealed and not seriously reported;
(2) colluding with the undertaker, applicant, recommender or evaluator and review expert of the assessment and evaluation activities to fabricate false reports;
(3) Interfering with normal assessment and evaluation activities, causing adverse consequences;
(4) requesting or accepting bribes;
(5) Other dereliction of duty, malpractice for personal gains, and impediment to the normal evaluation of the project evaluation and review activities;
(6) Violation of one of the provisions of Article 6 of these Measures.
Article 15 If the entrusted organization of project evaluation and evaluation activities or the assessment review activity undertaker has one of the following circumstances, the Ministry of Science and Technology may, in each case, order the correction, give warning, notify the criticism or terminate the evaluation or review the commission; if the property is illegally received, In accordance with the relevant provisions of the state, the property received shall be confiscated; if it constitutes a violation of discipline, it is recommended that the relevant department give disciplinary action; if it constitutes a crime, it shall be transferred to the judicial organ for criminal responsibility according to law.
(1) Falsifying and falsifying, colluding with the project execution unit to fabricate false reports, or concealing major issues;
(2) engaging in malpractices, abuse of power or neglect of duty;
(3) Violation of one of the provisions of Articles 6 and 7 of these Measures.
Article 16 If the project appraisers and review experts have one of the following circumstances, the Ministry of Science and Technology may, in each case, order corrections, record bad credits, give warnings, report criticisms, and declare the evaluation comments invalid until they are disqualified from participating in the evaluation and evaluation activities; If it constitutes a violation of discipline, it is recommended that the relevant departments give disciplinary action; if it constitutes a crime, it shall be transferred to the judicial organ for criminal responsibility according to law.
(1) Falsifying and falsifying, causing relevant projects to pass the assessment review;
(2) engaging in malpractices, violating scientific ethics and being unfair;
(3) Violation of one of the provisions of Article 8 of these Measures.
Article 17 If the project recommender and the project applicant have one of the following circumstances, the Ministry of Science and Technology may order corrections, give warnings, notify criticism, cancel the project qualification, terminate the project contract, and recover the funds allocated until a certain time limit. If the relevant personnel or units are recommended to cancel the project or undertake the qualifications of the national science and technology plan project; if it constitutes a violation of discipline, it is recommended that the relevant department give disciplinary action; if it constitutes a crime, it shall be transferred to the judicial organ for criminal responsibility according to law.
(1) falsifying and defrauding the project;
(2) Dereliction of duty, malpractice for personal gains, and impediment to the normal evaluation of project evaluation and review activities;
(3) Violation of one of the provisions of Articles 9 and 10 of these Measures.
Article 18 Any unit or individual who finds any problem in the assessment and evaluation activities of a national science and technology plan project may report and complain to the Ministry of Science and Technology. The Supervision Bureau of the Ministry of Science and Technology and other relevant institutions shall handle the matter in accordance with the relevant provisions of these Measures.
(1) For the report of the signature, the reporter and the content of the report shall be kept confidential. After investigating and verifying the reported problems, the reporter will be notified and the results will be heard and heard.
Those who fabricated the facts and made false accusations shall be dealt with seriously according to relevant regulations.
(2) For materials that are reported anonymously, if there are specific facts, preliminary verification shall be carried out and the handling measures shall be determined. The results of handling important issues should be reported within the appropriate scope; if there is no specific fact, they can be registered and retained.
(3) Complaints against the complainant shall be handled in a timely manner in accordance with the relevant provisions of the petition work.
Article 19 These Measures shall come into force on March 1, 2003.
Article 20 The evaluation of the National Science and Technology Award shall be carried out in accordance with these Measures.
Local scientific and technological administrative departments at various levels may refer to these Measures and formulate corresponding regulations in light of local actual conditions. 
Patent enforcement compulsory licensing
The first one is to strengthen the supervision and inspection of the evaluation and evaluation activities of the national science and technology plan project (including the subject, the same below), standardize the behavior of the relevant units and individuals in the process of project evaluation and evaluation, and ensure that the project evaluation and evaluation work is carried out in a clean and efficient manner. Method.