Administrative Measures for Software Products

Administrative Measures for Software Products

Order of Ministry of Industry and Information Technology of the People's Republic of China No. 9

March 1, 2009

Administrative Measures for Software Products which was adopted at the 6th administration affairs meeting of Ministry of Industry and Information Technology of the People's Republic of China on February 4, 2009, is hereby promulgated and shall enter into force on April 10, 2009. The original Measures for the Administration of Software Products promulgated by Ministry of Information Technology of the People's Republic of China on October 27, 2000 shall be repealed simultaneously.

Director: Li Yizhong

Administrative Measures for Software Products

Chapter I General Provisions

Article 1 These Measures have been formulated in order to strengthen the administration of software products and promote the development of software industry in China in accordance with the relevant laws and administrative regulations of China and Several Policies of State Council on Encouraging the Development of Software Industry and Integrated Circuit Industry (hereinafter referred to as Industry Policies).

Article 2 These Measures apply to the operation and administration of software products (including domestic software and imported software) within the territory of China.
These Measures do not apply to software products which are developed by institutions and individuals for their own use and which are developed by entrusted entities for their own special use.

Article 3 "Software products" as mentioned in these Measures refers to computer software which are provided to the users, which are contained in the information system or equipment or which are provided in the technology service such as integration of computer information systems and application of computer systems.
"Domestic software" as mentioned in these Measures refers to software which are developed and produced within the Chinese territory.
"Imported software" as mentioned in these Measures refers to software which are developed outside of China but produced and sold in China in various forms.

Article 4 Conducts such as development, production, selling, import and export of software products shall comply with the relevant laws, regulations, standards and criterions in China. No institutions or individuals shall develop, produce, sell, import or export software products which:
(1) Infringe other people's intellectual property rights;
(2) Contain computer viruses;
(3) May endanger the safety of computer system;
(4) Violate the software standards and criterions in China; and
(5) Contain contents prohibited by laws and administrative regulations.

Article 5 Ministry of Industry and Information Technology of the People's Republic of China (hereinafter referred to as MIIT) shall be responsible for the administration of national software products.
　　......