Order of the Ministry of Information Industry on Promulgating the Administrative Measures for Software Products
Order of the Ministry of Information Industry on Promulgating the Administrative Measures for Software Products
Order of the Ministry of Information Industry on Promulgating the Administrative Measures for Software Products
Order of the Ministry of Information Industry [2000] No. 5
October 27, 2000
The Administrative Measures for Software Products, adopted at the 4th executive meeting of the Ministry of Information Industry on October 8, 2000, are hereby promulgated and shall come into force as of the date of promulgation.
Minister: Wu Jichuan
Attached: Administrative Measures for Software Products
Chapter I General Provisions
Article 1 These Measures are enacted in accordance with the relevant laws and regulations of the state and the Several Policies on Encouraging the Development of the Software and Integrated Circuit Industries (hereinafter referred to as the Industrial Policies) issued by the State Council, for the purpose of strengthening the administration of software products and promoting the development of the software industry of our country.
Article 2 These Measures shall be applicable to the operation and management of software products (including domestically manufactured software and imported software) within the territory of the People's Republic of China. These Measures shall not apply to the software developed by units or individuals for self-use or entrusted to be developed by units or individuals for self-use or special use.
Article 3 For the purpose of these Measures, the term "software products" shall mean the computer software provided to users, the software inserted into information system or equipments, or the computer software provided when offering such technical services as computer information system integration or application services. For the purpose of these Measures, the term "domestically manufactured software" shall mean the software products developed and produced within the territory of our country, and the term "imported software" shall mean the software products which are developed outside the territory of our country but produced and operated in all kinds of form within the territory of our country.
Article 4 The development, production, sale, import and export of software products shall comply with the relevant laws, regulations and standard rules of our state. No unit or individual may develop, produce, sell, import or export the software products including the following contents:
1. Infringing the intellectual property right of others;
2. Including computer virus;
3. Possibly jeopardizing the safety of the computer system;
4. Including the content which is prohibited from distribution as provided for by the state; or
5. Inconsistent with software standard specifications in our state.
Article 5 The Ministry of Information Industry shall take charge of the administration of software products all over the country, and its main functions and duties shall be:
1. Promulgating and issuing testing criteria and standards for software products;
2. Recording the domestically manufactured software products registered with the competent authorities of all provinces, autonomous regions or municipalities directly under the Central Government;
3. Directing, supervising and inspecting the administration of software products in every part of the country;
4. Authorizing a software product testing institution to conduct conformance testing according to the standard rules and testing criteria and standards of software products of our state;
5.
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