Article 1 These Measures are formulated in accordance with the Foreign Trade Law of People's Republic of China (PRC) and other relevant provisions for the purpose of implementing the national policies to encourage software export and strengthening the management of software export.
Article 2 These Measures shall apply to legal persons and other organizations engaged in foreign economic and trade activities in accordance with the Foreign Trade Law of People's Republic of China (PRC), which export software products, transfer software technology and provide related services overseas by means of customs clearance or online transmission, including:
(1) Transfer or license of software technology;
(2) Computer software provided to users, software embedded in information systems or equipment, or computer software provided when providing technical services such as computer information system integration and application services;
(3) Service transactions related to information and data. Including: the time sequence of data development, storage and networking, data processing, tabulation and data processing services calculated by time (that is, hours), continuous management of related equipment on behalf of people, hardware consultation, software installation, design, development and compilation of program systems according to customer requirements, maintenance of computers and peripheral equipment, and other software processing services;
(four) with the export of equipment and other forms of software export.
Article 3 Any software enterprise recognized by the competent department of industry with a registered capital of1000,000 yuan can enjoy the qualification of self-export operation, and shall register with the foreign trade offices (commissions, bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning according to the principle of territoriality.
Software enterprises are identified according to the Notice on Printing and Distributing (for Trial Implementation) issued by the Ministry of Information Industry, the Ministry of Education, the Ministry of Science and Technology of People's Republic of China (PRC) and State Taxation Administration of The People's Republic of China (No.968 [2000] of the Ministry of Information).
Article 4 In order to strengthen business coordination among government departments and realize effective management of software export, the Ministry of Foreign Trade and Economic Cooperation, the Ministry of Science and Technology, the Ministry of Information Industry, the National Bureau of Statistics, the State Administration of Foreign Exchange and designated foreign exchange banks jointly set up the Software Export Contract Registration Management Center.
Article 5 After the software export contract comes into effect, the software export enterprise shall register the software export contract online in the software export contract registration management center. And according to the principle of territoriality, hold the original valid software export contract to the local foreign trade and economic cooperation department (commission, bureau) to receive the Software Export Contract Registration Certificate.
Software export enterprises should specify the software export mode in the software export contract: "customs clearance mode" or "online transmission mode"
Article 6 Local foreign trade and economic cooperation offices (commissions and bureaus) shall be responsible for the management of software export in their respective regions. According to the original software export contract submitted by the software export enterprise, the authenticity of the online registration of the software export contract is verified, and the software export contract registration certificate is issued to the enterprise after verification.
For centrally managed enterprises, MOFTEC entrusts local foreign trade offices (commissions and bureaus) to examine the authenticity of online registration of their software export contracts according to the principle of territoriality, and issue software export contract registration certificates.
Seventh "customs clearance" software export management.
(1) A software export enterprise that has physical media and has been cleared for export by the customs shall present the Software Export Contract Registration Certificate, valid software export contract (original) and export foreign exchange receipt verification form issued by the State Administration of Foreign Exchange when going through the software export declaration formalities at the customs. The customs shall go through the corresponding customs clearance procedures in accordance with customs laws, regulations and rules.
(2) After the software export enterprise collects foreign exchange, the designated foreign exchange banks shall issue a special seal for the verification of export foreign exchange for the enterprise in accordance with the requirements of the Detailed Rules for the Implementation of the Measures for the Administration of Verification of Export Foreign Exchange Receipts.
(3) The software export enterprise shall go through the verification procedures of export proceeds with the foreign exchange bureau by presenting the software export contract registration certificate, the software export contract (original), the export declaration form, the verification form of export proceeds, the special seal for verification of export proceeds, invoices and other documents. After being audited by the software export contract registration management center, the foreign exchange bureau shall go through the formalities of verification of export proceeds and issue a special seal for tax refund of export proceeds verification form.
(4) The software export enterprise shall go through the export tax refund formalities at the tax bureau with the software export contract registration certificate, software export contract (original), export customs declaration form, export foreign exchange verification form, special seal for export foreign exchange verification form, special seal for tax refund of export foreign exchange verification form, value-added tax invoice, tax bill and other documents. The tax bureau shall go through the formalities of export tax refund after being verified by the Software Export Contract Registration Management Center.
Eighth "online transmission mode" software export management.
(1) For the export of software transmitted through the Internet, the software export enterprise shall go directly to the designated foreign exchange bank to handle the foreign exchange collection procedures with the Software Export Contract Registration Certificate and a valid software export contract (original).
(2) After the software export contract registration management center verifies the validity of the software export contract and the way of software export, the bank goes through the formalities of settlement or entry, and issues a certificate of foreign exchange receipt for software export.
Article 9 The export of software technologies and products belonging to the Catalogue of Technologies Restricted by the State and the Catalogue of State Secret Technologies shall be implemented in accordance with the Measures for the Administration of Technologies Restricted from Export and the Provisions on the Examination of the Export of State Secret Technologies.
Article 10 Software export statistics include: statistics of self-operated export operation rights of software enterprises, statistics of software export contracts, statistics of software export through customs clearance, statistics of software online transmission export and statistics of software export foreign exchange receipts.
The Ministry of Foreign Trade and Economic Cooperation, the Ministry of Information Industry, the General Administration of Customs and the State Administration of Foreign Exchange are responsible for the statistical work of their respective business scope and summarize the statistical data to the Ministry of Foreign Trade and Economic Cooperation (Science and Technology Department). MOFTEC, together with the National Bureau of Statistics, comprehensively summarizes and analyzes the above statistical data and publishes them regularly.
Article 11 All enterprises registered in the "Software Export Contract Registration Management Center" and receiving the "Software Export Contract Certificate" enjoy the national software export policy.
Article 12 If a software export enterprise forges a software export contract, makes a false report or violates relevant regulations, once verified, it will be given a warning, suspended or even revoked its qualification for self-export business. Those who violate the law shall be dealt with by judicial organs according to law.
Article 13 These Measures shall be implemented simultaneously with the Notice on Issues Related to Software Export (No.680 [2000] of Foreign Trade and Economic Cooperation). Provisions inconsistent with these measures shall be implemented in accordance with these measures.
Software export contract registration
Work basis
In order to implement the state's various encouragement policies for software export and strengthen the management of software export, according to the Foreign Trade Law of People's Republic of China (PRC) and other relevant regulations, in 20001year, five ministries and commissions, including the Ministry of Foreign Trade and Economic Cooperation, formulated the Measures for Software Export Management and Statistics. See (MOFTEC [20065438+0] No.604), 2006. Eight ministries and commissions, including the Ministry of Commerce, formulated the Guiding Opinions on Developing the Export of Software and Related Information Services. For details, please refer to (Fu Shang Trade Development [2006] No.520), and request to continue to implement Foreign Trade and Economic Cooperation [20065438+0] No.604.
In 2007, the Notice of the General Office of the Ministry of Commerce (Fu Shang Trade [2007] 12) clearly pointed out that the service outsourcing statistical management system and the software export contract registration management system run on the same platform. When logging in the contract information, the enterprise selects the corresponding category in "Contract Category" to distinguish the software export contract from the service outsourcing contract. The new software export contract registration management system requires enterprises to register the agreement and implementation of software export contracts separately, and the submission method and time are the same as those of service outsourcing contracts. When the software export enterprise registers the contract agreement, the competent commercial departments at all levels shall not issue the software export contract registration certificate. After the execution of the contract, the competent commercial departments at all levels will issue the Software Export Contract Registration Certificate according to the actual execution amount, and issue a certificate for each execution.
20 10 "notice of the general office of the Ministry of commerce on further improving the statistical management of service outsourcing" (shangban service letter [2065438+00] No.880) once again clarifies that enterprises use the service outsourcing business management and statistical system (submission) for online declaration; The Ministry of Commerce and the competent commercial departments at all levels use the "Service Outsourcing Business Management and Statistics (Management End)" and "Software Export Business Management and Statistics System" for online audit respectively.
Registered object
Software export shall be subject to contract registration management, and the contract shall take effect immediately after it is completed according to law.
According to the Foreign Trade Law of People's Republic of China (PRC), legal persons and other organizations engaged in foreign economic relations and trade export software products, transfer software technology and provide related services abroad through customs clearance or online transmission. Including:
(1) Transfer or license of software technology;
(2) Computer software provided to users, software embedded in information systems or equipment, or computer software provided when providing technical services such as computer information system integration and application services;
(3) Service transactions related to information and data. Including: the time sequence of data development, storage and networking, data processing, tabulation and data processing services calculated by time (that is, hours), continuous management of related equipment on behalf of people, hardware consultation, software installation, design, development and programming according to customer requirements, maintenance of computers and peripheral equipment, and other software processing services;
(four) with the export of equipment and other forms of software export.
Online registration
When enterprise users log in to the system through the public internet, they must register before using the system, and can enter the system only after being approved by the local industrial and commercial administration department.
After an enterprise signs a contract, it needs to enter the relevant information of the contract in the system, including the basic information of the contract and the contract execution table.
After the enterprise contract is submitted, you can check the processing of the contract through the contract status query; You can also view the entered contract information and print the contract information and situation information.
receive
The enterprise shall submit the following relevant materials to the Municipal Commission of Commerce within 5 days after registering the execution amount online. After the contract is approved, the enterprise can obtain the software export contract registration certificate.
1. Print the contract information form online and affix the official seal of the company; 2. A copy of the software export contract, stamped with the riding seal; 3. An enterprise that handles contract registration for the first time shall submit a copy of its business license, approval certificate and organization code certificate.
produce
After receiving the relevant materials submitted by the enterprise and checking them correctly, the Municipal Commission of Commerce will print the Registration Certificate of Software Export Contract.
Enterprises shall handle foreign exchange, banking, taxation, customs and other related procedures with the Software Export Contract Registration Certificate.
change
If the main contents of the registered software export contract are changed, the registration formalities shall be re-handled. Where a registered export contract is terminated, it shall be filed with the Municipal Commission of Commerce in a timely manner.
Processing time limit and commitment
1. The Municipal Commission of Commerce will give a reply within 3 working days after the enterprise submits relevant materials.
2 Municipal Commission of Commerce and its staff shall be obliged to keep state secrets and business secrets when performing their duties of software export management.