[Letter to the Department (2000) Decree No. 5] Sof

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No. 5 software product management approach
The Ministry of Information Industry of PRC

Chapter I General Provisions
The first software products in order to strengthen management, and promote the development of China's software industry, according to relevant laws and regulations and the State Department "to encourage the development of software industry and integrated circuit industries a number of policy" (hereinafter referred to as "industrial policy") regulations.
The second People's Republic of software products (including imports of China-made software and software) operations and management activities, the application of this approach. Units or individuals to develop and own the software, and commissioned the development of special software for personal use regulations are not applicable.
The term of Article III of 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. The term domestic software, is the development and production within China's software products. The term imports of software development is outside of China, in various forms in our production and business software products.
Article IV software product development, production, sale, import and export activities should comply with the relevant laws, regulations and standards. Any unit or individual may develop, produce, sell, import and export of software products with the following: (a) infringes the intellectual property rights of others; (b) contains computer viruses; (c) may endanger the safety of computer systems; (d ) with state regulations prohibit the dissemination of the contents; (e) does not meet the standard specifications of the software.
Article Ministry of Information Industry is responsible for the management of the national software products. Its main functions are: (a) develop and publish software product testing standards and norms; (b) of the provinces, autonomous regions and municipalities directly under the registration record of domestic software products; (c) of the guidance and supervision and inspection of the country's software product management; (d) authorize the software product testing agencies, in accordance with the standards of software products and software product testing standards and specifications for compliance testing; (e) to establish a unified national system of registration number of software products, production software product registration certificate; ( VI) software product registration notice.
Article VI of the provinces, autonomous regions and municipalities shall be responsible for the information industry within the administrative management of software products, review and approve the administrative areas of domestic software registration. Provinces, autonomous regions and municipalities authorized by the competent department of information industry, software companies that agencies responsible for handling the administrative area of registration of domestic software.
Chapter II of the registration and filing software products
Article VII of the registration of software products and filing system. Software products without the filing or withdrawal of registration and registration of software products, shall not operate or sell in our country. Conform to the requirements and filing by registration and the domestic software products, can enjoy the "industrial policy" under the relevant incentives.
`Article VIII of software products made by the registration and filing of the software product development, production units to apply and submit the following materials: (a) the software product registration application form; (b) enterprise legal person business license and a photocopy; ( c) a sample application for registration of software products; (d) in the development of our country legally owned by the applicant's valid certificate of intellectual property rights; (e) authorized by the Ministry of Information Industry issued by the detection software detects evidence; (f) Other need to produce the material.
Article IX provinces, autonomous regions and municipalities directly under the software product registration bodies to apply for registration and the domestic software product samples to review the application materials. Following a review of qualified software products provinces, autonomous regions and municipalities information industry department for approval, registration number issued by domestic software products and software product registration certificate at the same level the tax department and Ministry of Information Industry Electronic Information Products Division for the record.
Article imported software products (including imported products, software localization) of applications for registration by the China Software Industry Association will be accepted by the Ministry of Information Industry for examination and approval, the issuance of registration number of software products and software product registration certificate. Import software to be localized in China in the development, production and product development in our part of the territory by the copyright owner and the original developer to provide development in China in the evidence and follow the registration requirements of domestic software products, materials submission, the Ministry of Information Industry for examination and approval, you can enjoy the "industrial policy" under the relevant incentives.
Article XI registration imported software products imported by the units responsible to submit the following materials: (a) the software product registration application form; (b) copy of business license applicant; (c) of the software product samples; (d) of the software products operating in China authorized by the copyright owner's evidence; (e) authorized by the Ministry of Information Industry issued a software testing organizations test results, or recognized by the Ministry of Information Industry and other test materials; (vi) the software import software product line with national policies and regulations need to produce proof of other materials.
Article XII of software products for software product registration certificate and notice by the Ministry of Information Industry, its registration effective. Software registration is valid for five years can apply for renewal after the expiration.
Chapter software products
Article XIII production in China in the production of software products should follow the relevant laws of China, in line with our technical standards, rules and the regulations.
Article XIV of the software products shall meet the following conditions: (a) an enterprise legal person status, and its business scope to include computer software business (including software technology development or production of software products); (b) has produced software conditions and technology; (c) fixed production sites; (d) a software quality assurance tools and capabilities.
Article XV software production units and production of software products should enjoy the copyright of the unit or by rights of copyright or other permission of their production software.
Article XVI of its software production unit shall be responsible for the content of the production of software inspection.
Article XVII of the development and production of software products should be consistent with national laws, regulations,[link widoczny dla zalogowanych], and shall conform to the relevant technical and safety standards.
Article XVIII of software products available to users should be marked on the outer package of the software name, version number, the software copyright owner, registration number of software products, software production unit (the importer) and unit address, date of production.
Article XIX provides software products to users (including imported or produced in the domestic and foreign produced software products) that the Chinese should be equipped with complete instructions, manuals and other documentation, and should the product or documentation, or written in the form of other documents, indicate the provision of technical services unit, the content and methods.
Validity of a software product carrier units, including software products (such as CD-ROM, disk chip,[link widoczny dla zalogowanych], etc.) without the production of producers may not produce the registration and filing of software products.
Twenty-one of any unit or individual may approach the production and the production of the software products listed in Article IV. Production of pirated software and not the development,[link widoczny dla zalogowanych], production decryption software.
Chapter IV software sales
Twenty-two software product developers and producers can sell directly to business software products.
Twenty-three to the way software sales agent, the Agent (software product sales units) and is the Agent (or producers of software product development) between agent and sub agent should sign a written agency contract between the. Agency contract should be clear that the powers of regional, duration, technical services and the Ministry of Information Industry of the other essential content. Agents shall, at its premises in a prominent position suspended agent credentials, which should include the powers of the term of agency, regional, agency-level and other content,[link widoczny dla zalogowanych], and in the external publicity, advertising truthfully expressed above.
To permit trade in the form of twenty-four business software products, software products, business units and production units should be entered into a written license contract, the software business unit sales of software products, they should inform the user to read the license agreement and require the user after reading agree to make representations.
Twenty-five software business unit sales of software products conform to the provisions of Article one, and the form of writing or document to provide technical services to inform the user of the unit, service content, service and other charges. If not otherwise specified unit of services provided, are considered by the relevant technical services, software sales units. If you do not indicate the need for additional service charges and service fees included in software product price.
Article No unit or individual may, without registration and record sales of software products,[link widoczny dla zalogowanych], may not be sold with the contents listed in Article IV of the way software products, may not be sold or provided free of pirated software, decryption software products.
Twenty-seventh beta version of a software product should be clearly marked and free of charge, shall not be sold for profit.
Supervision and Administration Chapter
Twenty-eighth the Ministry of Information Industry jointly with state departments of the national software development, production, management, supervision and inspection of import and export activities. Competent information industry department at all levels in conjunction with the relevant local authorities within the administrative software product development, production, management, supervision and inspection of import and export activities.
Found in the twenty-ninth notice if a registered software listed in Article IV of this regulation to the content of the content or material false registration fraud software registration, software registration administration department shall revoke the registration number of the software, the registration certificate. Already enjoy tax concessions should be recovered, the provinces, autonomous regions and municipalities be given a warning competent information industry department, and to the public. Its software products do not meet our technical standards, norms and these Regulations, or there is evidence that it can not meet the requirements and functionality to its nominal or commitment does not match the production units, the provinces, autonomous regions and municipalities together with competent information industry department departments, their punishment according to law.
The third unit of ten of any violation of the provisions of Article IV, VII, XX, twenty-one, twenty-six, twenty-seventh Articles of the province, autonomous regions and municipalities be given a warning competent information industry department, and be published. Solution of the preceding paragraph shall also committed acts of other state laws and regulations, shall be punished by the authorities.
Chapter VI Supplementary Provisions
this approach by the Ministry of Information Industry is responsible for interpretation.
Thirty-second release of this approach since the date of implementation. The former Ministry of Electronics Industry March 4th, 1998 release of "Interim Measures on Administration of Software Products" shall be repealed simultaneously.