Supreme Court Decisions

INTERIM REGULATIONS ON ADMINISTRATION OF SOFTWARE PRODUCTS

Interim Regulations on Administration of Software Products

     PART ONE GENERAL PRINCIPLES PART TWO REGISTRATION OF SOFTWARE PRODUCTS PART THREE SOFTWARE PRODUCTION PART FOUR MANAGEMENT OF SOFTWARE
PRODUCTS PART FIVE SUPERVISION PART SIX SUPPLEMENTATION

Article One The promulgation of the provisional regulation aims at enhancing the software products management, promoting the development
of the software industry and wider computer application, and accelerating the computerization of the national economy.

Article Two The regulation is applicable to the replication of software carried by all kinds of devices which are provided to the
public by way of selling, renting or licensing. These devices include paper, tape, disc, VCD, semi-transistor storage device, integrated
circuit chip and any other form which has the capacity to store information. The regulation is not applicable to those software designed
or entrusted to be designed by units or individuals for self-use.

Article Three The development, production and marketing of software are encouraged for the purpose of carrying forward the development
of the software industry, and satisfying the increasing demand for computerization.

Article Four Software development, production, management and import and export must not contradict the relevant laws and regulations,
and the following is banned:

1. violating intellectual property right.

2. carrying computer virus endangering the computer system.

3. carrying contents forbidden by the government.

Article Five The Ministry of the Electronic Industry is in charge of the national software administration.

PART TWO REGISTRATION OF SOFTWARE PRODUCTS

Article Six The state exercises a system of registration and filing over software products. The National Software Product Management
Center under the Ministry of Electronic Industry shall be responsible for the registration numbers and certificates as well as other
relevant management affairs.

Article Seven Application for the registration and filing of software products shall be submitted by the relevant manufacturer together
with the following documents:

1. a copy of legal person business license issued by the Administration of Industry and Commerce.

2. the identity certificate of the legal representative and the relevant materials.

3. the valid copyright certificate of the software product, including the valid certificate for holding the copyright by the relevant
institution or enterprise or the contract by which the copyright owner gives approval to the relevant organization to produce the
software product and the valid copyright certificate for the software.

4. the name, contents, function, the copyright holder, materials concerning the registration and filing of the software copyright
as well as the sample and test result of the software product.

5. when the registration is applied for through the delegation of a software manufacturer, the certificate of authorization shall
be provided at the same time.

Article Eight Application for the registration and filling of an imported software product shall be undertaken by the relevant importer,
and apart from the documents stipulated in Article 7 of this regulation, relevant materials granting permission to the importer of
the software product shall be provided at the same time.

Article Nine Application for the registration and filing of a foreign software product made domestically shall be undertaken by the
relevant software manufacturer, and apart from the documents stipulated in Article 7 of this regulation, relevant materials granting
permission to the import of the software product shall be submitted at the same time.

Article Ten In case of the change of the registered software items, the applicant shall go through the formalities of the change of
the registration at the original issuing authorities.

Article Eleven Producers of software shall meet the following requirements:

1. They shall be corporate bodies, established under the approval of the Administration of Industry and Commerce, and the operation
of computer software (including software technology development and production) shall be included in their business range.

2. They shall have the necessary conditions and technical ability, for software production.

3. They shall have a fixed place for production.

4. They shall have the means and capability to guarantee the quality of both the product and the production.

Article Twevele The producer shall hold or be franchised or licensed the copyright of the software they produce.

Article Thirteen The software producers shall be responsible for the examination of the contents of their products.

Article Fourteen The quality of the relevant software shall comply with the relative technology and software standard, and the quality
certification system promulgated by the state, as well as the provisions of relevant laws and regulations.

Article Fifteen Software for the users shall be marked on the outer package with the name, version number, copyright owner, registration
number of the software, as well as the name and address of the producers (or the importer) and the date of production.

Article Sixteen The software products provided to users (including foreign software imported or produced locally) shall be accompanied
with adequate operation literature in Chinese, such as instructions, operation manuals etc.. The content, mode of technological service
as well as its suppliers shall be indicated on the product or in the above- mentioned operation literature, or in other written forms.

Article Seventeen All foreign software products imported or produced locally shall comply with stipulations of relevant laws, the
technology standards and norms of the state and of this regulation. Import or production of foreign software listed in article 4
of this regulation is prohibited. For foreign software products that do not comply with the nation’s technology standards, norms
or this regulation, or evidenced to be inferior in operation, or not up to their promised functions, the competent agencies in charge
of software, according to the specific situations, have the authority to decide either to restrict or forbid their importation or
local production.

Article Eighteen Production of pirated software, software for deciphering secret and software with the main function of removing technology-protection
measures are prohibited. Production of software containing contents listed in article 4 of this regulation is prohibited.

Article Nineteen Laser-disc producers approved by the competent agencies are not allowed to produce software items that have not been
registered or filed.

PART FOUR MANAGEMENT OF SOFTWARE PRODUCTS

Article Twenty The management of software products mainly takes the form of agency. Agency agreements in written form shall be signed
between agents (sellers of software products) and principals (developers and producers of software products), and between general
agents and sub- agent. Agency agreements shall specify the authority limit, geographical limit, time limit and technical services
of the agency relationship, and other necessary contents stipulated by the Ministry of Electronic Industry. Developers and producers
may also directly engage in the sale of their software products.

Article Twenty-One Agents are required to put up their agency qualification certificates in a conspicuous position in their business
places. The certificates shall include he terms of reference, time limit, geographical limit of agency and agency grading, etc.,
which are to be accordingly conveyed in the advertisements and other means of publicity run by the agent.

Article Twenty-Two Managing institution of software products shall conduct he management in the form of licensing. A written licensing
contract shall be signed between the managing and producing institutions. Managing institutions shall notify users to consult licensing
files before the sale of software products, and require them to indicate whether to give their approval.

Article Twenty-Three The software sellers shall sell the software products according to the stipulations of Article 15 and Article
16 and inform the user of the content, means, the fees and the provider of the relevant technical services in written form or on
file. In case providers of technical services are not specified, the software sellers shall be regarded as the providers of the relative
technical services. In case there is no indication of the extra service charges and the specified sum shall be regarded that the
relative charges have been included in the price of the products.

Article Twenty-Four No organizations are permitted to deal in software products which have not been registered and filed or software
products are with contents provide by Article 4 of this regulation or sell or provide free-of-charge pirated software products deciphering
secrets.

Article Twenty-Five Software products provided together with hardware, such as computers, shall comply with the relative stipulations
of this regulation.

Article Twenty-Six The testing edition of the software products shall be marked clearly and provided free of charge, and shall not
be sold for profit.

Article Twenty-Seven The Software Product Management Departments are enpost_titled to supervise and inspect such activities concerning
software products as R

    






CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGES ON ISSUES RELATING TO ADJUSTMENT ON THE POLICIES FOR MANAGEMENT OF THE FOREIGN EXCHANGE ACCOUNTS IN CURRENT ACCOUNTS UNDER INTERNATIONAL CONTRACTING PROJECTS

The State Administration of Foreign Exchanges

Circular of the State Administration of Foreign Exchanges on Issues Relating to Adjustment on the Policies for Management of the Foreign
Exchange Accounts in Current Accounts under International Contracting Projects

HuiFa [2003] No.90

August 5, 2003

Bureaus and departments of state administration of foreign exchanges of the provinces, autonomous regions and municipalities directly
under the Central Government, branches of the Shenzhen, Dalian, Qingdao, Xiamen, and Ningbo, as well as designated banks of foreign
exchanges:

On October 15, 2002, the SAFE promulgated and implemented the Circular of the State Administration of Foreign Exchanges on Issues
Relating to Further Adjustment on the Policies for Management of the Foreign Exchange Accounts in Current Accounts (HuiFa [2002]
No. 87), decided to repeal the restrictions for separate opening of the foreign exchange accounts in current accounts for Chinese-invested
enterprises, combined the settlement accounts of foreign exchanges and special accounts into the foreign exchange accounts in current
accounts and uniformly adopted the quota management over the foreign exchange accounts in current accounts and the management policies
for unification of the foreign exchange accounts in current accounts for both Chinese-invested and foreign-invested enterprises.
In view of the implementation of the above-mentioned policies, the new policies have facilitated the operation activities of enterprises
in the market economic conditions, reduced the operation costs of the enterprises, promoted the reforms on the system of settlement
and sales of foreign exchanges, thus obtaining good results. In order to keep on promoting the reforms on the management policies
for the foreign exchange accounts in current accounts, and adapt to the demands for the enterprises in improving their international
competitiveness in the market economic activities, the SAFE has decided to make proper adjustment on the policies for the management
of the foreign exchanges in current accounts under international contracting projects. Here is to notify you of the following issues
concerned:

I.

The foreign exchange accounts in the current accounts relating to the following items shall be listed for management in the foreign
exchange accounts of current accounts for special sources and designated usages, with the quota verified at 100% of the foreign exchange
revenues.

(I)

foreign exchange accounts in the current accounts for international contracting projects and international labor;

(II)

foreign exchange accounts in the current accounts for international ocean shipping and shipping forwarding and cargo forwarding￿￿

(III)

foreign exchange accounts in the current accounts for international bid invitation;

(IV)

foreign exchange accounts in the current accounts for provisional collection and payment to be transferred to other domestic institutions
or individuals upon overseas revenue of foreign exchanges.

II.

The domestic institutions that have opened foreign exchange accounts in the current accounts in compliance with the provisions of
Article 1 of the Circular may apply with the branches of local foreign exchange administration (hereinafter referred to as the foreign
exchange administration) for adjustment of their quota upon the implementation of the Circular, and the foreign exchange administration
shall handle with the formalities for verification of the alteration of the foreign exchange accounts in the current accounts according
to the provisions of the Circular.

III.

The domestic institutions eligible for the provisions of Article 1 of the Circular that have not opened foreign exchange accounts
in the current accounts may apply with the foreign exchange administration for opening of such accounts according to the actual requirements,
and the foreign exchange administration shall verify and approve for their opening of accounts and verify and determine their account
quota.

IV.

When verifying and approving for opening of foreign exchanges accounts in current accounts or adjusting the account quota of domestic
institutions according to the provision of Article 1 of the Circular by the bureaus and branches of foreign exchange administration,
the total quota of the foreign exchanges accounts in current accounts under their jurisdiction may exceed the total quota of the
same jurisdiction verified by the SAFE; and the SAFE will newly adjust and distribute the total quota of the jurisdiction of the
bureaus and branches based on the adjustment on the policies for the management of the foreign exchanges accounts in current accounts.

V.

In terms of the policies for the management of other foreign exchanges accounts in current accounts not mentioned in the Circular,
the Circular of the State Administration of Foreign Exchanges on Issues Relating to Further Adjustment on the Policies for Management
of the Foreign Exchange Accounts in Current Accounts and the Implementation Rules for the Management of the Foreign Exchange Accounts
in Current Accounts of Domestic Institutions shall apply.

VI.

The Circular shall come into force on September 1, 2003 and in case of any discrepancy between the previous provisions and the Circular,
the Circular shall prevail.

Upon the receipt, the bureaus shall distribute the Circular to the subordinate sub-bureaus, designated banks of foreign exchanges
and the relevant units as soon as possible, and by the end of September 2003, submit the adjustment on the quota of the foreign exchange
accounts under currents accounts of their jurisdiction to the Management Department of Current Accounts under the SAFE. The designated
Chinese-invested banks of foreign exchanges shall distribute the Circular to their subordinate branches and sub-branches as soon
ass possible upon receipt of the Circular. In case of any problems encountered during enforcement, please feedback in timely to the
Management Department of Current Accounts under the SAFE.



 
The State Administration of Foreign Exchanges
2003-08-05

 







CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...