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信息产业部、教育部、科学技术部、国家税务总局关于印发《软件企业认定标准及管理办法》(试行)的通知

2009-03-24 法律英语 来源:互联网 作者:
ion certificate of the software, copyright or patent certificate;

  5. qualification grade certificate issued by the Ministry of Information Industry for the system integration enterprise

  6. other materials required by the Ministry of Information Industry.

  Article 14 The certifying organs shall examine the application materials submitted by the software enterprise according to standard stipulated in Artifice 12. The organs shall mainly examine the forms and organize experts to examine when necessary. For the qualified enterprise, the certifying organs shall make a preliminary namelist and submit to the departments in-charge of information industry at the same level for examination and approval.

  Article 15 The departments in-charge of information industry at the same level of the certifying organ shall examine the enterprise namelist, and approve, announce jointly with the tax administrations. The authorities shall issue certificate of software enterprise and report to the departments in-charge of information industry at higher level for record.

  Article 16 The software enterprise certification shall be examined annually. The certifying organs shall annually examine the software enterprises in the authorized areas according to the standard stipulated in Article 12 of this Regulations. The result shall be examined by departments in-charge of information industry and tax administrations at the same level of the certifying organ and reported to the higher authorities for record.

  After the annual examination, the departments in-charge of information industry shall announce the names and stamp on the certificates of the qualified software enterprises; the enterprises not qualified shall not be entitled to the encouragement policies provided in the "Policies" for the current year.

  Article 17 By the valid certificate of the current year, the certified software enterprise may go through relevant procedures in relevant institutions and enjoy the encouragement policies provided in the Policies.

  Article 18 Where the enterprise has objection to the result of certification or annual examination, it may apply for reconsideration to the departments

in-charge of information industry in the provinces, autonomous regions, municipalities directly under the State Council, or directly to the Ministry of Information Industry within one month after the announcement of the result.

  The applying enterprise shall submit reconsideration application and relevant certificates; the accepting authorities shall notify the applicant whether to accept the application or not within 15 days after receiving the application.

  The accepting authorities shall investigate and verify the application and make a reconsideration decision within 3 months after accepting the application.

  Article 19 Where the certified software enterprise changes due to the reasons such as adjustment, separation, merger, restructure, it shall go through the formalities of alteration or apply for re-certification to the governing certifying organ within 3 months of the occurrence of the above facts.

  Article 20 The enterprise of integrated circuit designing shall be considered identically with software enterprise.

  The integrated circuit designing enterprise shall be certified according to the standard and procedure stipulated in this Regulations for the software enterprise, except that its producing process shall comply with the process for integrated circuit designing and the managing regulations.

  Article 21 Where the software enterprises manufacture, produce, sell pirated software, or use software without license, besides those disposed of by the relevant agencies, the certifying organs shall request the authorities of information industry at the same level to cancel their certification and report to the higher information industry for record.

  The certifying organs may refuse the application of the above enterprise from one to three years according to the circumstances.

  Article 22 When applying for certification or annual examination, the enterprise shall submit the true materials and content as required by this Regulations. If there are any verified false materials or content, the certifying organs shall cease to accept the application or request the departments in-charge of information industry to cancel the qualification of the enterprise to enjoy encouragement policies, and report to the higher information industry authority for record.

  Article 23 Where the certifying organ violates this Regulations, the authorizing information industry authority shall order it to correct within a time limit and if it fails, its certifying qualification shall be withdrawn.

  Article 24 Where any member of the certifying organ abuses their power, seeks private benefit by fraudulent practices and infringes legal interests of the enterprise, he shall be imposed administrative sanction by his organ and where the circumstances are so serious as to constitute an offence, he shall be investigated into the criminal liability by the judicial organs according to law.

  Article 25 The forms such as certifying application form, annual examination application form and software enterprise certificates shall be printed by the Ministry of Information Industry.

  Article 26 The Regulations shall be interpreted by the Ministry of Information Industry.

  Article 27 This Regulations shall come into force as the date of promulgation

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