Provisions of Shanghai Municipality on Promoting the Sharing of Large Scientific Instruments and Facilities

· Area of Law： Science and Technology

· Level of Authority： Provincial Local Regulations

· Date issued：08-16-2007

· Effective Date：11-01-2007

· Status： Effective

· Issuing Authority： Shanghai Municipality

Provisions of Shanghai Municipality on Promoting the Sharing of Large Scientific Instruments and Facilities
(Adopted at the 38th Session of the Standing Committee of the 12th Shanghai Municipal People's Congress on August 16, 2007)
Article 1 For the purposes of promoting the sharing of large scientific instruments and facilities, raising the usage efficiency of scientific and technological resources and enhancing the capability of scientific and technological innovation, these Provisions are formulated.
Article 2 These Provisions apply to the sharing of large scientific instruments and facilities in this Municipality's administrative area. Where laws and administrative regulations provide otherwise, such provisions shall apply.
The large scientific instruments and facilities mentioned in these Provisions refer to a single (set of) scientific instrument(s) and lab facility (facilities) with a certain value above norm for use in the activities of scientific research and technological development. The specific norm of value shall be separately set by the Municipal People's Government.
The sharing mentioned in these Provisions refers to the act of making large scientific instruments and facilities available to the society on the part of the higher-learning institutions, scientific research institutes, enterprises and other units that manage such scientific instruments and facilities (hereinafter referred to as administrative units) in this Municipality's administrative area to let other units and individual persons (hereinafter referred to as users) use such instruments and facilities in conducting scientific research and technological development.
Article 3 The municipal sci-tech administrative department takes charge of the overall planning and coordination for the sharing activity of large scientific instruments and facilities, and organizes the implementation of these Provisions.
Other relevant administrative departments of this Municipality shall, according to their respective functions and duties, do a good job of the relevant work on the sharing of large scientific instruments and facilities.
Article 4 This Municipality establishes and perfects the service platform for the sharing of large scientific instruments and facilities (hereinafter referred to as the municipal sharing service platform). The municipal sharing service platform shall provide the managing units and users with the services of information inquiry, service introduction, technical training, etc. relating to the sharing of large scientific instruments and facilities.
The municipal sharing service platform shall, according to requirements of the State's general layout, strengthen cooperation with other cities in the Yangtze Delta region and participate in the building of a coordinated sharing network of the large scientific instruments and facilities in the whole nation.
Article 5 Where large scientific instruments or facilities are newly purchased or constructed with funds wholly or partially contributed by the municipal or district/county public finance, the managing unit shall, within 15 days after the date of completion of installation, adjustment and acceptance check, submit the basic information such as names, types, models and application scope to the municipal sci-tech administrative department and publish such information to the society through the municipal sharing service platform after collection and classification thereof.
Managing units are encouraged to submit the basic information about large scientific instruments and facilities purchased or constructed with funds other than those set out in the previous clause to the municipal sci-tech administrative department.
Article 6 Where an application is made for the purchase or construction of large scientific instruments or facilities with funds wholly or partially contributed by the municipal or district/county public finance, a commitment to provide sharing services shall be included in the application report or the project feasibility study report. The sharing service commitment shall cover such contents as argumentation on the feasibility of sharing service and the time, scope and mode of the sharing.
Article 7 Where large scientific instruments or facilities are purchased or constructed with funds wholly or partially contributed by the municipal or district/county public finance, the sci-tech administrative departments and relevant administrative departments such as the finance department shall organize the experts concerned to conduct an evaluation of their necessity. If the sharing service provided by the large scientific instruments or facilities of the same type in the city can satisfy the needs of the applicant unit's scientific research and technical development, the application of the unit for the purchase or construction of new ones shall not be approved.
Article 8 Where approval has been obtained for the purchase or construction of new large scientific instruments or facilities after an evaluation of the new purchase or construction, the relevant administrative department shall specify in the project contract or the approval document a relevant requirement that such large scientific instruments or facilities offer the sharing service to society while meeting the need of the activities of scientific research and technical development in one's own unit.
Article 9 The managing unit, when offering sharing services, shall conclude a contract with users, agreeing on service contents and fee-charging standards, the ownership of intellectual property rights, security requirement, compensation for damages, liability for breach of contract, dispute settlement and other matters.
Article 10 This Municipality sets up the award funds for sharing services of large scientific instruments or facilities.
The municipal sci-tech administrative department shall give certain award funds to the managing units that join the municipal sharing service platform with their sharing service workload and user satisfaction degree meeting the sharing service requirements. The reward procedures and results shall be announced to the general public through the municipal sharing service platform.
The large scientific instruments or facilities that are purchased or constructed with funds wholly contributed by non-public finance and meet the reward requirement set out in the previous clause shall be given priority for awards under equal conditions.
Article 11 This Municipality establishes and perfects the evaluation system for the sharing of large scientific instruments or facilities.
Relevant municipal administrative departments shall organize the experts concerned to conduct regular evaluations on the managing units that join the municipal sharing service platform in terms of sharing service time and quality, function exploitation, talent training, etc. and shall publish evaluation results to the society. The evaluation results shall serve as one of the main basis for giving awards for the sharing service.
Article 12 The managing unit may use the award funds it gained to pay for the operation, maintenance and management of the shared large scientific instruments or facilities, and the training of operators as well as related expenses.
Article 13 Where a managing unit that has won sharing service awards applies for the purchase or construction of new large scientific instruments or facilities with funds wholly or partially contributed by the municipal or district/county public finance, the relevant administrative department shall prioritize the approval of its application under equal condition.
Where the purchase or construction of new large scientific instruments or facilities is not approved under the provision of Article 7, the project examining and approving department shall, when approving the applicant unit's undertaking of this city's planned project of scientific research, grant it a certain amount of funds for use towards covering the expenses incurred in using other units' large scientific instruments or facilities in the project research.
Article 14 The municipal administrative departments of science and technology, education and personnel shall cultivate in a planned way personnel concerned with the management and operation of large scientific instruments and facilities, organize the launching of professional training, and commend and reward persons with outstanding contributions in the sharing services.
Article 15 Where the managing unit and its working personnel fail to submit information about large scientific instruments or facilities as prescribed in Article 5 of these Provisions, the municipal sci-tech administrative department shall order a correction to be made within a time limit; in case of failure to make a correction, the unit concerned or the competent department at the higher level shall, according to law, give disciplinary sanctions to the directly responsible person(s)-in-charge and directly responsible persons.
Where the managing unit that fails to meet the conditions set out in Article 10 of these Provisions obtains the sharing service award funds by providing false materials, the municipal sci-tech administrative department shall recover such funds according to law.
Article 16 The sharing of the large scientific instruments and facilities purchased or constructed with the aid given gratuitously by the United Nations, international organizations or foreign governments as accepted by this Municipality shall be carried out by reference to the relevant provision of these Provisions on the sharing of large scientific instruments and facilities purchased or constructed with funds wholly or partially contributed by the municipal or district/county public finance.
Article 17 Where the large scientific instruments and facilities purchased or constructed with funds wholly or partially contributed by the municipal or district/county public finance have already existed before the implementation of these Provisions, the managing unit concerned shall, within 3 months from the effective date of these Provisions, submit basic information about such instruments and facilities to the municipal sci-tech administrative department.
Article 18 These Provisions shall come into force on November 1, 2007.