[Ministry of Power (2000) 968] on the issuance of -

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Ministry of Information Industry, Ministry of Education, Science and Technology, State Administration of Taxation file
(Ministry of co-generation [2000] No. 968)
On the issuance of "software enterprise standards and management methods" (Trial Implementation)
Provinces, autonomous regions and municipalities information industry department, the state and local taxation bureaus, China Software Industry Association:
To implement the State Council "to encourage the development of software industry and integrated circuit industries a number of policy" formulated "software enterprise standards and management methods" (for Trial Implementation). Is issued to you, please conscientiously implemented.
Given the current around the software business and the actual situation in the software industry associations, software companies work to identify temporarily in the provinces, autonomous regions, municipalities, separately listed cities level, when the conditions and then gradually extended to the prefectural level. Accessories: software companies that Standard and Management (tentative)
Ministry of Information Industry Ministry of Education
Republic of China State Administration of Taxation Ministry of Science and Technology
October 16, 2000
Attachment:
Software companies that Standard and Management (tentative)
The first in order to accelerate the development of China's software industry, and enhance the information industry innovation and international competitiveness, according to State Department "to encourage the development of software industry and integrated circuit industries a number of policy" (the "Policy"), the development of this approach.
Article according to this approach the required standards and procedures for software enterprises may enjoy the "policy" under the relevant incentives.
Article The term software products, is to point users of computer software, information systems or equipment or software embedded in the provision of computer information system integration, application services and other technical services provided by computer software.
Article together with the Ministry of Education Ministry of Information Industry,mobile development outsourcing, Science and Technology, State Administration of Taxation and other departments to develop software enterprise standards and management practices, the Ministry of Information Industry, the implementation of the national software industry industry management and supervision and coordination, and management of the national software companies that work . Its main functions are:
(A) According to the provinces, autonomous regions and municipalities directly under the recommendations of competent information industry department to determine the software companies that organizations around the province, or revocation of its authorization to its mandate,Pharmaceutical Outsourcing, and software companies that publish the list of organizations;
(B) the guidance and supervision and inspection of the national software companies that work;
(C) accept the results and examined the results of a finding of the review application.
Article provinces, autonomous regions and municipalities information industry department responsible for managing the administrative areas of the software companies that work and its responsibilities are:
(A) the supervision and inspection of the administrative areas of the software companies that work to determine the administrative region (city) level software companies that institution;
(B) in conjunction with the tax authorities for approval of the administrative area software companies that agencies identified results;
(C) its administrative area software companies that list,Software Localization, and software companies that issued the certificate;
(D) receiving the results of the administrative areas identified and examined the results of the application for review.
Article VI of the provincial, autonomous regions and municipalities information industry department has reviewed and recommended, authorized by the Ministry of Information Industry Software Industry Association, Association for the software or related enterprises that institution.
Software companies that institutions shall meet the following conditions:
(A) registered by the civil affairs departments (city) level and above the software industry association or associations;
(B) of the main members of the enterprise, of which more than 30 software companies in;
(C) fixed office premises;
(D) not less than 5 cases are familiar with the software industry full-time staff and can arrange for someone responsible for the software enterprise and annual examination of the organization.
Article VII does not satisfy the conditions of Article VI bodies established software companies that the basic conditions of the provinces, autonomous regions and municipalities, can be temporarily by the China Software Industry Association, the work to identify the relevant agent.
Article VIII recognized organizations responsible for authorizing the software enterprise software enterprises within the region identified and examined the organization. Its duties are:
(A) accepted, authorized software enterprises within the region identified application;
(B) organizing software companies that assessment and examined;
(C) The authorized software enterprises within the region identified and examined in the primary list;
(D) of the primary and submitted to the local information industry department for review;
(E) the competent department of information industry and other commissioned work to identify.
Article IX, one of the following conditions identified software enterprise and annual examination is organized by the China Software Industry Association, Ministry of Information Industry primary review the list:
(A) of the registered capital of 1,000 million U.S. dollars, and foreign investment of more than 50% of shares;
(B) of the annual revenue of more than 3 billion yuan in the branches of provinces, autonomous regions and municipalities of the enterprise.
Article by the China Software Industry Association, commissioned by the Ministry of Information Industry of institutions around the software companies that work to identify the professional guidance, supervision and inspection.
Article XI software companies that institutions must adhere to the software business services, and promote the software industry development purposes, the principles of openness, impartiality, fairness, and earnestly fulfilled its duty of software enterprises.
Software companies that the charges by the Ministry of Information Industry State Council department in charge of determining the price.
Article XII of the Criterion of software companies are:
(A) in our country shall be a corporate legal person;
(B) the production of computer software development, system integration, application services and other appropriate business and technical services for its main business income;
(C) had more than developed by the company or by the enterprise has intellectual property rights of software products, or provide certification through the qualification level of the computer information system integration and other technical services;
(D) engaged in software product development and technical services of technical personnel staffs of the enterprises accounted for no less than 50%;
(E) has engaged in software development and technical services and other services required for the appropriate technical equipment and premises;
(F) has a software product quality and technical service quality assurance means and capacity;
(Vii) software technology and product research and development funded enterprises accounted for more than 8% of software revenue;
(Eight) years of software sales revenue of enterprises accounted for more than 35% of total revenue. Among them, the self-produced software, software sales revenue accounted for more than 50%;
(Ix) corporate property rights, management practices, law-abiding.
Article XIII shall be applied to identify the enterprise software companies that submit the following materials:
(A) of the software enterprise applications, including a balance sheet, income statement, cash flow, staffing and academic composition, software development environment and business conditions and other relevant content;
(B) of the enterprise legal person business license and a copy;
(Iii) enterprise development, production or operation of the software product list, including the development of the enterprise software products and sales agents;
(D) the enterprise has intellectual property rights developed or evidence of software products, including software product registration certificate, software copyright registration certificate or patent certificate;
(E) systems integration business to be submitted by the Ministry of Information Industry issued the qualification level of evidence;
(F) requirements issued by the Ministry of Information Industry and other materials.
Article XIV of software companies that Article XII of the standards bodies based organizations recognized software companies review the application materials. Assessments on the main form of review, if necessary, organize experts to evaluate. The review of qualified software enterprises, the primary list of recognized agencies, at the same level of information industry department for review.
Article XV List of software companies that recognized institution by the competent department of information industry at the same level for examination and approval of the tax department announced countersigned and issued by the software companies that certificate, at a higher level information industry department for filing.
Software companies that the implementation of Article XVI annual examination system. Organizations should be recognized all over the provisions of Article XII of the standard approach of authorized software enterprises within the region examined, which examined the results of peer institutions identified by the department in charge of information industry, the tax department to review and countersign the same level for approval and parent information industry department.
Examined and qualified software companies, announced by the competent department of information industry and software companies in the annual examination qualified certificate stamped Chapter; examined the enterprise failed, when no longer enjoy the "policy" under the relevant incentives.
Article XVII certified software enterprise software companies present their year's effective certificate, go through the appropriate procedures to the authorities and enjoy the "policy" under the relevant incentives.
Article XVIII of the identified business results or disagrees with the results examined, may within one month after the announcement, to which the provinces, autonomous regions or municipalities directly under the information industry department in charge of the Ministry of Information Industry, the application for review.
Review of the software companies should be brought to review the application and submit relevant documents; accepting authority shall review the application within fifteen days after receipt of reply to the admissibility of the application.
Accepting authority shall carefully investigate and verify the application for review, and to review within three months after receiving the decision.
Article XIX certified software companies because of the adjustment, separation, merger, restructuring and other factors are changed, change should occur within three months after the fact, recognized the organization for change to the local procedures or re-apply for accreditation application.
Diershitiao IC design companies deemed to software companies. In addition to IC design companies identified should meet the requirements of the production process flow of IC design and management practices, the cf under this approach software companies that standards and procedures.
Twenty-one software companies engaged in production, production and sales of pirated software activity, or use unauthorized software products, in addition to the relevant authorities according to law, the certification organization shall be submitted to the same level of information industry department to cancel the software companies that qualifications, and report to higher information industry for the record.
Recognized institution in the preceding paragraph of this section of the software companies depending on their severity, will not be accepted in one to three years of their accreditation application.
Twenty-two enterprise software companies identified in the application or annual examination, it shall truthfully provide the material required by the approach and content. Such as providing false information or false information, once verified, the certification organization should stop accepting applications for its determined, or to submit the information industry department in charge of revocation of the business year to enjoy the encouragement "policy" of eligibility, and report to higher information industry for the record.
Twenty-three pairs in violation of the Regulations of the certification organization, authorized by the competent information industry department shall order rectification, correction is still not late to revoke the eligibility of its recognized organizations.
Twenty-four software companies that agency staff in the identified work, abuse of power, corruption, against the legitimate rights and interests of enterprises, be given administrative sanctions by the unit; circumstances are serious enough to constitute a crime shall be investigated for criminal responsibility. Twenty-five software companies that the application form, which examined the application forms and software companies such as Certificate printed by the Ministry of Information Industry.
Twenty-six of these Measures shall be interpreted by the Ministry of Information Industry.
Twenty-seventh of this approach since the release date of implementation.

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