The Ministry of Information Industry, the Ministry of Education, the Ministry of Science and Technology, the State Administration Circular of the Ministry of Information Industry, the Ministry of Education, the Ministry of Science and Technology, the State Administration XinBuLianChan [2000] No.968 October 16,2000 The departments in-charge of information industry, the state tax bureaus, local tax bureaus, association of Chinese software industry This “Certifying Standard and Managing Measures For Software Enterprises (For Trial Implementation)” (hereinafter the “Regulations”) In view of the actual conditions of the software enterprises and software industry associations throughout the country, the certifying Article 1 This Regulations is promulgated pursuant to “Policies on Encouraging the development of Software Industry and Integrated Circuit Industry” Article 2 All the software enterprises certified by the standard and procedure of this Regulations are enpost_titled to the encouragement policies Article 3 Software products in this Regulations shall refer to the computer software, information system provided to the consumer or the software Article 4 The Ministry of Information Industry stipulates standard and managing measures for certifying software enterprise jointly with the 1. according to the proposal of the departments in-charge of information industry in all provinces, autonomous regions and municipalities 2. instructing, supervising and examining certification of software enterprises throughout the country; 3. accepting the application for reconsideration of certifying result and annual examination. Article 5 The departments in-charge of information industry in all provinces, autonomous regions and municipalities shall be responsible for 1. supervising and examining the certifying work in their administrative areas and designating the certifying organs at prefecture level; 2. examining and approving the certifying result in their administrative areas jointly with the tax authorities at the same level; 3. announcing the namelist of certified software enterprises in their administrative areas and issuing certificates for such enterprises; 4. accepting application for reconsideration of certifying result and annual examination result in their administrative areas. Article 6 With recommendation of departments in- charge of information industry in all provinces, autonomous regions and municipalities directly 1. It is software industry association or related association above prefecture level that is registered by civil administration departments; 2. It should take the enterprises as its major members, there should be more than 30 software enterprises in it; 3. It possesses permanent office premises; 4. There are not fewer than 5 full-time staff members familiar with software industry and special staff in charge of the organization Article 7 In provinces, autonomous regions and municipalities directly under the State Council, where the requirements stipulated in Article Article 8 The software enterprise certifying organs are responsible for the certifying work of the software enterprise and annual examination 1. accepting and authorizing the software enterprise certifying application in the area; 2. organizing the examination and annual examination of software enterprise certifying; 3. proposing the namelist of preliminarily elected organs for certifying software enterprise in the area; 4. submitting the preliminary namelist to the departments in-charge of information industry for examination; 5. other certifying work entrusted by the departments in-charge of information industry. Article 9 For the software enterprise that meets one of the following requirements, the Chinese Software Industry Association shall be responsible 1. the registered capital is over 10 million US dollars with foreign shares exceeding 50%; 2. the annual operating income of an enterprise branch amounts to over 300 million yuan and such branch is of the enterprise of trans-provinces, Article 10 Entrusted by the Ministry of Information Industry, the Chinese Software Industry Association shall instruct, supervise and examine Article 11 The software enterprise certifying organs shall earnestly carry out their work on the principle of publicity, justness, equality for The charging standard for certifying software enterprise shall be determined by price authorities of State Council with the request Article 12 The certifying standard of software enterprise shall be as follows: 1. the enterprise is established within our country according to relevant laws; 2. the business and major income are technical service such as computer software development and production, system integration, application, 3. the enterprise develops one or more software products or possesses intellectual property right of the products, or provides technical 4. The proportion of technical staff in the work of software development and technical service shall not be lower than 50% of the total 5. It has technical equipment and premises essential for software development and relevant technical service; 6. It has measures and capability to safeguard the quality of software and services; 7. The development fund for software technique and products shall amount to over 8% of the enterprise’s annual software income; 8. The annual sale income of software shall be over 35% of the total annual income of the enterprise, with the income of self-developed 9. The enterprise has clear property right, standardized management and complies with disciplines and laws. Article 13 The applying enterprise shall submit the following materials to the software enterprise certifying organs: 1. application forms of software enterprise certifying, including statement of assets and liabilities, statement of profit and loss, 2. duplicate and copy of the business license for enterprise legal person; 3. namelist of the software products developed, produced or managed by the enterprise, including the software products developed and 4. certificates for the software products that are developed by the enterprise or certificate that such enterprise possesses the intellectual 5. qualification grade certificate issued by the Ministry of Information Industry for the system integration enterprise 6. other materials required by the Ministry of Information Industry. Article 14 The certifying organs shall examine the application materials submitted by the software enterprise according to standard stipulated Article 15 The departments in-charge of information industry at the same level of the certifying organ shall examine the enterprise namelist, Article 16 The software enterprise certification shall be examined annually. The certifying organs shall annually examine the software enterprises After the annual examination, the departments in-charge of information industry shall announce the names and stamp on the certificates Article 17 By the valid certificate of the current year, the certified software enterprise may go through relevant procedures in relevant institutions Article 18 Where the enterprise has objection to the result of certification or annual examination, it may apply for reconsideration to the departments The applying enterprise shall submit reconsideration application and relevant certificates; the accepting authorities shall notify The accepting authorities shall investigate and verify the application and make a reconsideration decision within 3 months after accepting Article 19 Where the certified software enterprise changes due to the reasons such as adjustment, separation, merger, restructure, it shall go Article 20 The enterprise of integrated circuit designing shall be considered identically with software enterprise. The integrated circuit designing enterprise shall be certified according to the standard and procedure stipulated in this Regulations Article 21 Where the software enterprises manufacture, produce, sell pirated software, or use software without license, besides those disposed The certifying organs may refuse the application of the above enterprise from one to three years according to the circumstances. Article 22 When applying for certification or annual examination, the enterprise shall submit the true materials and content as required by this Article 23 Where the certifying organ violates this Regulations, the authorizing information industry authority shall order it to correct within Article 24 Where any member of the certifying organ abuses their power, seeks private benefit by fraudulent practices and infringes legal interests Article 25 The forms such as certifying application form, annual examination application form and software enterprise certificates shall be printed Article 26 The Regulations shall be interpreted by the Ministry of Information Industry. Article 27 This Regulations shall come into force as the date of promulgation. |
The Ministry of Information Industry, the Ministry of Education, the Ministry of Science and Technology, the State
Administration of Taxation
2000-10-16