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_法律英语

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

文章来源：文章作者：发布时间：2007-06-01 01:35 字体： [大中小]　进入论坛

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信部联产[2000]968号
颁布日期：20001016 　实施日期：20001016 　颁布单位：信息产业部、教育部、科学技术部、国家税务总局

　　Circular of the Ministry¹ of Information Industry, the Ministry of Education, the Ministry of Science and Technology, the State Administration of Taxation² Concerning the Issuance of "Certifying³ Standard and Managing Measures for Software Enterprises (for Trial Implementation)"

　　XinBuLianChan [2000] No.968

　　October 16,2000

　　The departments in-charge of information industry, the state tax bureaus, local tax bureaus, association of Chinese software industry in all provinces, autonomous⁴ regions and municipalities directly under the State Council:

　　This "Certifying Standard and Managing Measures For Software Enterprises (For Trial Implementation)" (hereinafter the "Regulations") is promulgated⁵ for the purpose of implementing⁶ the "Policies on Encouraging the development of Software Industry and Integrated Circuit Industry" stipulated⁷ by the State Council. It is issued now for you to carry out.

　　In view of the actual conditions of the software enterprises and software industry associations throughout the country, the certifying work will be carried out at the level of province, autonomous region, municipality directly under the State Council and municipality separately listed on the State plan for the time being and will extend to the prefecture level when time matures.

　　Attachment⁸:

　　Certifying Standard and Managing Measures for Software Enterprises (for Trial Implementation)

　　Article 1 This Regulations is promulgated pursuant to "Policies on Encouraging the development of Software Industry and Integrated Circuit Industry" (hereinafter "Policies") of the State Council for the purpose of accelerating the development of software industry, increasing creativity and international competitiveness of information industry.

　　Article 2 All the software enterprises certified⁹ by the standard and procedure of this Regulations are entitled to the encouragement policies as stipulated in the Policies.

　　Article 3 Software products in this Regulations shall refer to the computer software, information system provided to the consumer or the software set in the equipment, or the computer software provided together with technical services such as computer system integration¹⁰ and applied¹¹ service.

　　Article 4 The Ministry of Information Industry stipulates¹² standard and managing measures for certifying software enterprise jointly¹³ with the Education Commission, Ministry of Science and Technology, the Sate¹⁴ Tax Administration, etc. The Ministry of Information Industry shall manage and supervise the industry of software, coordinate¹⁵ and administer the certifying of software enterprises throughout the country. Its main duties are:

　　1. according to the proposal of the departments in-charge of information industry in all provinces, autonomous regions and municipalities directly under the State Council, it shall designate the certifying organs for software enterprises at provincial¹⁶ level, authorize¹⁷ such organs or cancel the authorization¹⁸, and announce the namelist of certifying organs;

　　2. instructing, supervising and examining certification of software enterprises throughout the country;

　　3. accepting the application for reconsideration of certifying result and annual examination.

　　Article 5 The departments in-charge of information industry in all provinces, autonomous regions and municipalities shall be responsible for certifying software enterprises in their administrative¹⁹ areas. Their duties are:

　　1. supervising and examining the certifying work in their administrative areas and designating the certifying organs at prefecture level;

　　2. examining and approving the certifying result in their administrative areas jointly with the tax authorities at the same level;

　　3. announcing the namelist of certified software enterprises in their administrative areas and issuing certificates for such enterprises;

　　4. accepting application for reconsideration of certifying result and annual examination result in their administrative areas.

　　Article 6 With recommendation of departments in- charge of information industry in all provinces, autonomous regions and municipalities directly under the State Council, the association of software industry or related associations empowered by the Ministry of Information Industry shall be the certifying organs. The certifying organs shall meet the following requirements:

　　1. It is software industry association or related association above prefecture level that is registered by civil administration departments;

　　2. It should take the enterprises as its major members, there should be more than 30 software enterprises in it;

　　3. It possesses permanent office premises²⁰;

　　4. There are not fewer than 5 full-time²¹ staff members familiar with software industry and special staff in charge of the organization of certification and annual examination.

　　Article 7 In provinces, autonomous regions and municipalities directly under the State Council, where the requirements stipulated in Article 6 of this Regulations can not be satisfied, the Chinese Software Industry Association may act as agent for certifying work.

　　Article 8 The software enterprise certifying organs are responsible for the certifying work of the software enterprise and annual examination work in the authorized²² areas. They shall be responsible for:

　　1. accepting and authorizing²³ the software enterprise certifying application in the area;

　　2. organizing the examination and annual examination of software enterprise certifying;

　　3. proposing the namelist of preliminarily elected organs for certifying software enterprise in the area;

　　4. submitting the preliminary namelist to the departments in-charge of information industry for examination;

　　5. other certifying work entrusted²⁴ by the departments in-charge of information industry.

　　Article 9 For the software enterprise that meets one of the following requirements, the Chinese Software Industry Association shall be responsible for the certifying and annual examining work, and the preliminarily elected namelist shall be submitted to the Ministry of Information Industry for examination and approval:

　　1. the registered capital is over 10 million US dollars with foreign shares exceeding 50%;

　　2. the annual operating income of an enterprise branch amounts to over 300 million yuan and such branch is of the enterprise of trans-provinces, trans-autonomous regions, or trans-municipalities directly under the State Council.

　　Article 10 Entrusted by the Ministry of Information Industry, the Chinese Software Industry Association shall instruct, supervise and examine the certifying work in various areas.

　　Article 11 The software enterprise certifying organs shall earnestly carry out their work on the principle of publicity²⁵, justness, equality for the purpose of serving the software enterprises and promoting the development of software industry.

　　The charging standard for certifying software enterprise shall be determined²⁶ by price authorities of State Council with the request of the Ministry of Information Industry.

　　Article 12 The certifying standard of software enterprise shall be as follows:

　　1. the enterprise is established within our country according to relevant laws;

　　2. the business and major income are technical service such as computer software development and production, system integration, application, etc.;

　　3. the enterprise develops one or more software products or possesses intellectual property right of the products, or provides technical services such as computer information system integration that has passed qualification and grade certification.

　　4. The proportion of technical staff in the work of software development and technical service shall not be lower than 50% of the total staff in the enterprise;

　　5. It has technical equipment and premises essential for software development and relevant technical service;

　　6. It has measures and capability²⁷ to safeguard the quality of software and services;

　　7. The development fund for software technique and products shall amount to over 8% of the enterprise's annual software income;

　　8. The annual sale income of software shall be over 35% of the total annual income of the enterprise, with the income of self-developed software amounting to over 50% of the software sales income;

　　9. The enterprise has clear property right, standardized²⁸ management and complies with disciplines and laws.

　　Article 13 The applying enterprise shall submit the following materials to the software enterprise certifying organs:

　　1. application forms of software enterprise certifying, including statement of assets and liabilities, statement of profit and loss, statement of cash flow, staff disposition²⁹, education structure, software developing environment, operation conditions, etc.;

　　2. duplicate and copy of the business license³⁰ for enterprise legal person;

　　3. namelist of the software products developed, produced or managed by the enterprise, including the software products developed and sold by the enterprise;

　　4. certificates for the software products that are developed by the enterprise or certificate that such enterprise possesses the intellectual property right of the products, including registration³¹ 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 Artifice³² 12. The organs shall mainly examine the forms and organize experts to examine when necessary. For the qualified³³ 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 annually³⁴. 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 valid³⁵ 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 applicant³⁶ 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, merger³⁷, restructure, it shall go through the formalities of alteration³⁸ 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 withdrawn³⁹.

　　Article 24 Where any member of the certifying organ abuses their power, seeks private benefit by fraudulent practices and infringes⁴⁰ 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 judicial⁴¹ 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 promulgation⁴².

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收听单词发音

1 ministry
n.(政府的)部；牧师
参考例句：
They sent a deputation to the ministry to complain.他们派了一个代表团到部里投诉。 We probed the Air Ministry statements.我们调查了空军部的记录。

2 taxation
n.征税，税收，税金
参考例句：
He made a number of simplifications in the taxation system.他在税制上作了一些简化。 The increase of taxation is an important fiscal policy.增税是一项重要的财政政策。

3 certifying
（尤指书面）证明( certify的现在分词 )；发证书给…；证明（某人）患有精神病；颁发（或授予）专业合格证书
参考例句：
Signed Commercial in quintuplicate, certifying merchandise to be of Chinese origin. 签署商业发票一式五份，证明产品的原产地为中国。 Other documents certifying the truthfulness of the contents of the advertisements. （三）确认广告内容真实性的其他证明文件。

4 autonomous
adj.自治的；独立的
参考例句：
They proudly declared themselves part of a new autonomous province.他们自豪地宣布成为新自治省的一部分。 This is a matter that comes within the jurisdiction of the autonomous region.这件事是属于自治区权限以内的事务。

5 promulgated
v.宣扬（某事物）( promulgate的过去式和过去分词 )；传播；公布；颁布（法令、新法律等）
参考例句：
Hence China has promulgated more than 30 relevant laws, statutes and regulations. 中国为此颁布的法律、法规和规章多达３０余项。来自汉英非文学 - 白皮书 The shipping industry promulgated a voluntary code. 航运业对自律守则进行了宣传。来自辞典例句

6 implementing
v.实现( implement的现在分词 )；执行；贯彻；使生效
参考例句：
-- Implementing a comprehensive drug control strategy. ――实行综合治理的禁毒战略。来自汉英非文学 - 白皮书 He was in no hurry about implementing his unshakable principle. 他并不急于实行他那不可动摇的原则。来自辞典例句

7 stipulated
vt.& vi.规定；约定adj.[法]合同规定的
参考例句：
A delivery date is stipulated in the contract. 合同中规定了交货日期。 Yes, I think that's what we stipulated. 对呀，我想那是我们所订定的。来自辞典例句

8 attachment
n.附属物，附件；依恋；依附
参考例句：
She has a great attachment to her sister.她十分依恋她的姐姐。 She's on attachment to the Ministry of Defense.她现在隶属于国防部。

9 certified
a.经证明合格的；具有证明文件的
参考例句：
Doctors certified him as insane. 医生证明他精神失常。 The planes were certified airworthy. 飞机被证明适于航行。

10 integration
n.一体化，联合，结合
参考例句：
We are working to bring about closer political integration in the EU.我们正在努力实现欧盟內部更加紧密的政治一体化。 This was the greatest event in the annals of European integration.这是欧洲统一史上最重大的事件。

11 applied
adj.应用的；v.应用，适用
参考例句：
She plans to take a course in applied linguistics.她打算学习应用语言学课程。 This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。

12 stipulates
n.（尤指在协议或建议中）规定，约定，讲明（条件等）( stipulate的名词复数 )；规定，明确要求v.（尤指在协议或建议中）规定，约定，讲明（条件等）( stipulate的第三人称单数 )；规定，明确要求
参考例句：
The trade contract stipulates for the settlement of balances in RMB. 贸易合同规定余额以人民币结算。来自《现代汉英综合大词典》 The contract stipulates for the use of seasoned timber. 合同上订明用干透的木料。来自辞典例句

13 jointly
ad.联合地，共同地
参考例句：
Tenants are jointly and severally liable for payment of the rent. 租金由承租人共同且分别承担。 She owns the house jointly with her husband. 她和丈夫共同拥有这所房子。

14 sate
v.使充分满足
参考例句：
Nothing could sate the careerist's greed for power.什么也满足不了这个野心家的权力欲。 I am sate with opera after listening to it for a whole weekend.听了整整一个周末的歌剧，我觉得腻了。

15 coordinate
adj.同等的，协调的；n.同等者；vt.协作，协调
参考例句：
You must coordinate what you said with what you did.你必须使你的言行一致。 Maybe we can coordinate the relation of them.或许我们可以调和他们之间的关系。

16 provincial
adj.省的，地方的；n．外省人，乡下人
参考例句：
City dwellers think country folk have provincial attitudes.城里人以为乡下人思想迂腐。 Two leading cadres came down from the provincial capital yesterday.昨天从省里下来了两位领导干部。

17 authorize
v.授权，委任；批准，认可
参考例句：
He said that he needed to get his supervisor to authorize my refund.他说必须让主管人员批准我的退款。 Only the President could authorize the use of the atomic bomb.只有总统才能授权使用原子弹。

18 authorization
n.授权，委任状
参考例句：
Anglers are required to obtain prior authorization from the park keeper.垂钓者必须事先得到公园管理者的许可。 You cannot take a day off without authorization.未经批准你不得休假。

19 administrative
adj.行政的，管理的
参考例句：
The administrative burden must be lifted from local government.必须解除地方政府的行政负担。 He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。

20 premises
n.建筑物，房屋
参考例句：
According to the rules,no alcohol can be consumed on the premises.按照规定，场内不准饮酒。 All repairs are done on the premises and not put out.全部修缮都在家里进行，不用送到外面去做。

21 full-time
adj.满工作日的或工作周的，全时间的
参考例句：
A full-time job may be too much for her.全天工作她恐怕吃不消。 I don't know how she copes with looking after her family and doing a full-time job.既要照顾家庭又要全天工作，我不知道她是如何对付的。

22 authorized
a.委任的，许可的
参考例句：
An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。

23 authorizing
授权，批准，委托( authorize的现在分词 )
参考例句：
Letters of Marque: Take letters from a warning friendly power authorizing privateering. 私掠许可证：从某一个国家获得合法抢劫的证书。 Formal phavee completion does not include authorizing the subsequent phavee. 阶段的正式完成不包括核准随后的阶段。

24 entrusted
v.委托，托付( entrust的过去式和过去分词 )
参考例句：
He entrusted the task to his nephew. 他把这任务托付给了他的侄儿。 She was entrusted with the direction of the project. 她受委托负责这项计划。来自《简明英汉词典》

25 publicity
n.众所周知，闻名；宣传，广告
参考例句：
The singer star's marriage got a lot of publicity.这位歌星的婚事引起了公众的关注。 He dismissed the event as just a publicity gimmick.他不理会这件事，只当它是一种宣传手法。

26 determined
adj.坚定的；有决心的
参考例句：
I have determined on going to Tibet after graduation.我已决定毕业后去西藏。 He determined to view the rooms behind the office.他决定查看一下办公室后面的房间。

27 capability
n.能力；才能；(pl)可发展的能力或特性等
参考例句：
She has the capability to become a very fine actress.她有潜力成为杰出演员。 Organizing a whole department is beyond his capability.组织整个部门是他能力以外的事。

28 standardized
adj.标准化的
参考例句：
We use standardized tests to measure scholastic achievement. 我们用标准化考试来衡量学生的学业成绩。 The parts of an automobile are standardized. 汽车零件是标准化了的。

29 disposition
n.性情，性格；意向，倾向；排列，部署
参考例句：
He has made a good disposition of his property.他已对财产作了妥善处理。 He has a cheerful disposition.他性情开朗。

30 license
n.执照，许可证，特许；v.许可，特许
参考例句：
The foreign guest has a license on the person.这个外国客人随身携带执照。 The driver was arrested for having false license plates on his car.司机由于使用假车牌而被捕。

31 registration
n.登记，注册，挂号
参考例句：
Marriage without registration is not recognized by law.法律不承认未登记的婚姻。 What's your registration number?你挂的是几号？

32 artifice
n.妙计，高明的手段；狡诈，诡计
参考例句：
The use of mirrors in a room is an artifice to make the room look larger.利用镜子装饰房间是使房间显得大一点的巧妙办法。 He displayed a great deal of artifice in decorating his new house.他在布置新房子中表现出富有的技巧。

33 qualified
adj.合格的，有资格的，胜任的，有限制的
参考例句：
He is qualified as a complete man of letters.他有资格当真正的文学家。 We must note that we still lack qualified specialists.我们必须看到我们还缺乏有资质的专家。

34 annually
adv.一年一次，每年
参考例句：
Many migratory birds visit this lake annually.许多候鸟每年到这个湖上作短期逗留。 They celebrate their wedding anniversary annually.他们每年庆祝一番结婚纪念日。

35 valid
adj.有确实根据的；有效的；正当的，合法的
参考例句：
His claim to own the house is valid.他主张对此屋的所有权有效。 Do you have valid reasons for your absence?你的缺席有正当理由吗？

36 applicant
n.申请人，求职者，请求者
参考例句：
He was the hundredth applicant for the job. 他是第100个申请这项工作的人。 In my estimation, the applicant is well qualified for this job. 据我看, 这位应征者完全具备这项工作的条件。

37 merger
n.企业合并，并吞
参考例句：
Acceptance of the offer is the first step to a merger.对这项提议的赞同是合并的第一步。 Shareholders will be voting on the merger of the companies.股东们将投票表决公司合并问题。

38 alteration
n.变更，改变；蚀变
参考例句：
The shirt needs alteration.这件衬衣需要改一改。 He easily perceived there was an alteration in my countenance.他立刻看出我的脸色和往常有些不同。

39 withdrawn
vt.收回；使退出；vi.撤退，退出
参考例句：
Our force has been withdrawn from the danger area.我们的军队已从危险地区撤出。 All foreign troops should be withdrawn to their own countries.一切外国军队都应撤回本国去。

40 infringes
v.违反（规章等）( infringe的第三人称单数 )；侵犯（某人的权利）；侵害（某人的自由、权益等）
参考例句：
Congressmen may be reluctant to vote for legislation that infringes the traditional prerogatives of the states. 美国国会议员可能不情愿投票拥护侵犯各州传统特权的立法。来自英汉非文学 - 环境法 - 环境法 I can't say whether CP21 infringes it or not. 我就不能说CP21是否侵犯了SPOT的专利。来自企业管理英语口语（第二版）(2)

41 judicial
adj.司法的，法庭的，审判的，明断的，公正的
参考例句：
He is a man with a judicial mind.他是个公正的人。 Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。

42 promulgation
n.颁布
参考例句：
The new law comes into force from the day of its promulgation. 新法律自公布之日起生效。来自《简明英汉词典》 Article 118 These Regulations shall come into effect from the day of their promulgation. 第一百一十八条本条例自公布之日起实施。来自经济法规部分

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