Article 1 In compliance with Law of the People's Republic of China on Foreign Trade, this Measures is enacted to implement policies encouraging software export and to enhance the management over software export.

Article 2 The Measures is applicable to legal entity or other organizations engaged in such as foreign economic activities exporting software via going through customs formalities or via Internet transmission in accordance with Law of the People's Republic of China on Foreign Trade. The activities shall include:

(1) Transfer or licensing of software technology.

(2) Software provided to client, software embedded in information system or equipment, or software provided with such technical service as computer information integration, application service.

(3) Service transaction involving information data. This shall include data development, time list of storage and net connection, data processing, tabulating and data processing calculating by hours, continuous equipment management on proxy, hardware consultation service, software installation, software design, develop and writing to clients’ specification, computer and peripheral equipment maintenance, and other software processing service.

(4) Other forms of software exporting, such us export with equipment.

Article 3 All certified software enterprises with registered capital over 1 million RMB are entitled to self-management of their software export, and related registration shall be made at foreign economic relation and trade departments (commissions/bureaus) of every province, autonomous regions, municipality directly under the central government, and independently planned cities in line with the policy of territory.  The software enterprise shall be certificated according to Circular on the Printing and Distribution of Measures on the Certification Standard and Management of Software Enterprises (Ministry of Information Industry Industry (2000) No. 968) adopted by Ministry of Information Industrial, Ministry of Education, Ministry of Science and Technology and State Administration of Taxation.

Article 4 To enhance the business coordination among government departments and effectively manage software export, Software Control and Registration Centre” is jointly set up by Ministry of Foreign Trade and Economy Cooperation, Ministry of Science and Technology, Ministry of Information Industry, State Statistic Bureau, State Administration of Foreign Exchange and designated forex banks. The website of this centre bureau is www.scrcentre.gov.cn.

Article 5 Upon the establishment of the software export contract, the software export enterprise shall register its contract online at the Software Control and Registration Centre according to the policy of territory. Meantime, the enterprise shall apply for Certificate of Software Export Contract Registration at local foreign economy relation and trade bureaus /departments /commissions against the original software export contract. The means of export shall be clearly stated in the contract: Via going through the customs formalities” or Via Internet transmission.

Article 6 Local foreign economy relation and trade bureaus /departments /commissions at all levels shall be in charge of the software export administration in their jurisdiction.  According to the original contract handed in by the software exporting enterprises, they shall check the authenticity of the online registration of the contract on software exporting against the software export contract, and issue Certificate of Software Export Contract Registration after the authenticity is proved. For enterprises under the direct management of the center government, MOFTEC shall entrust foreign economy relation and trade bureaus /departments /commissions with the checking of the authenticity of the registration and the issuing of Certificate of Software Export Contract Registration after the authenticity is proved.

Article 7 Administration of software export via going through the customs formalities:

a. The enterprise which exports its product in material medium via going through the Customs formalities shall provide Certificate of Software Export Contract Registration, the effective software export contract (the original) and the Export Declaration Form, Export Exchange Settlement Form issued by State Administration of Foreign Exchange. The Customs shall perform related customs formalities according to related laws, regulations and rules.

b. After the enterprise collection of the foreign exchange, designated forex banks shall issue Special Bill for Export Exchange Settlement to the software export enterprise according to Detailed Rules on the Implementation of the Export Exchange Settlement Management.

c. Software export enterprise shall apply for the remit transactions at State Administrating of Foreign Exchange with such documents as Certificate of Software Export Contract Registration, Software Export Contract (original), Verifying and Writing-off Instrument for Export Exchange Settlement, Verifying and Writing-off Form for Export Exchange Settlement, invoice. The State Administration of Foreign Exchange shall process the taxation return transactions after checking all the documents at Software Control and Registration Center. 
  
8. Administration of software export via Internet transmission

(1) Software export enterprises transmitting software via Internet shall directly bring Certificate of Software Export Contract Registration and effective Software Export Contract (original) to designated forex banks to go through the foreign exchange collection procedures.
   
b. The bank shall proceed the settlement or bookkeeping procedures for the exporter, and issue Certificate of Export Foreign Exchange Settlement of Software Export after checking the validity of the contract and the means of export at Software Control and Registration Center.

Article 9 Software technologies or software products listed in “State List of Technology Restricted for Exporting” and “State List of Confidential Technology” shall be transacted in accordance with Measures on the Management of Technology Restricted for Export and Rules on the Verification of Confidential Technology for Export.

Article 10 Software export statistics shall include statistics software enterprises applying for self-management of software export, statistics of software export contracts, statistics of software export via going through Customs formalities, statistics of software export via Internet transmission, statistics of software export foreign exchange remittance. MOFTEC, Ministry of Information Industry, State Administration for Customs, and State Administration of Foreign Exchange shall be respectively responsible for the statistics in their areas, and shall report the data to MOFTEC. MOFTEC shall work with the State Statistics Bureau to analyze the data and publicize the result periodically.

11. Enterprises that have registered at the Software Control and Registration Center and obtained certificates of software exporting contract may enjoy the software exporting policy.

12. Enterprises counterfeiting software exporting contracts, making false reports, or violate related regulations shall be punished with disciplinary warning, license suspension, or even licensing withdrawal. Enterprises breaking the law shall be punished by the judicial department.

13. The Measures shall be implemented together with Circular on Software Exporting and Related Issues (MOFTEC Technology and Development (2000) No.680). Any conflict shall refer to this Measures.