Circular of the Ministry of Industry and Information Technology, the National Development and Reform Commission, the Ministry of Finance and the State Administration of Taxation on Printing and Distributing the Administrative Measures for the Recognition of Software Enterprise

Circular of the Ministry of Industry and Information Technology, the National Development and Reform Commission, the Ministry of Finance and the State Administration of Taxation on Printing and Distributing the Administrative Measures for the Recognition of Software Enterprise
Circular of the Ministry of Industry and Information Technology, the National Development and Reform Commission, the Ministry of Finance and the State Administration of Taxation on Printing and Distributing the Administrative Measures for the Recognition of Software Enterprise

Gong Xin Bu Lian Ruan [2013] No. 64

February 6, 2013

The competent departments of Industry and Information Technology, the Development and Reform Commission, the Finance Departments (Bureaus), the offices of the State Administration of Taxation and the Local Taxation Bureau of the provinces, autonomous regions, municipalities directly under the Central Government and cities specifically designated in the state plan; the Commission of Industry and Information Technology and the Finance Bureau of the Xinjiang Production and Construction Corps,

In order to implement the Circular of the State Council on Printing and Distributing Policies for Further Encouraging the Development of the Software Industry and the Integrated Circuit Industry (Guo Fa [2011] No. 4), to strengthen the software enterprise recognition work and to promote the development of software industry in China, the Administrative Measures for the Recognition of Software Enterprise are hereby printed and distributed to you for your implementation.

It is hereby notified.

Administrative Measures for the Recognition of Software Enterprise

Chapter I General Provisions

Article 1 These Measures are formulated pursuant to the Circular of the State Council on Printing and Distributing Policies for Encouraging the Development of the Software Industry and the Integrated Circuit Industry (Guo Fa [2000] No. 18), the Circular of the State Council on Printing and Distributing Policies for Further Encouraging the Development of the Software Industry and the Integrated Circuit Industry (Guo Fa [2011] No. 4), and the Circular of the Ministry of Finance and the State Administration of Taxation on Enterprise Income Tax Policies for Further Encouraging the Development of the Software Industry and the Integrated Circuit Industry (Cai Shui [2012] No. 27).

Article 2 For the purpose of these Measures, a software enterprise refers to an enterprise which is lawfully established within the territory of China and engages in the development and sales (business operation) and the relevant services of software products, and is in compliance with the relevant provisions of the document of Cai Shui [2012] No. 27.

Article 3 The Ministry of Industry and Information Technology, the National Development and Reform Commission, the Ministry of Finance and the State Administration of Taxation shall carry out the relevant work in accordance with their respective responsibilities.

Article 4 The Ministry of Industry and Information Technology shall perform the duty of administering the national software industry, guide the development of the software industry and organize and administer the recognition work of national software enterprises. Its main duties are:
1. guiding, supervising and inspecting the recognition work of national software enterprises;
2. publicizing and keeping records of the recognition list and the annual audit list of software enterprises;
3. accepting and processing applications for the re-examination of the result of recognition and the result of annual audit of software enterprises;
4. accepting and processing the relevant complaints and reports about the recognition and annual audit of software enterprises; and
5. guiding and administering the "China Software Enterprise and Software Product Recognition Network", and providing public services.

Article 5 The competent departments of Industry and Information Technology of the provinces, autonomous regions, municipalities directly under the Central Government and cities specifically designated in the state plan, and the Xinjiang Production and Construction Corps (hereinafter referred to as the "Provincial Competent Departments") shall be responsible for the administration of the software enterprise recognition work in their respective administrative regions. Their main duties are:
1. formulating detailed rules and the administration system for software enterprise recognition work in their respective administrative regions, and to report them to the Ministry of Industry and Information Technology for their record;
2. administering the recognition and annual audit of software enterprises in their respective administrative regions, and to report the recognition list and the annual audit list to the Ministry of Industry and Information Technology for their record;
3.
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