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April 24, 2014

China Foreign Investment: Measures to Accredit the Qualified Key Software Enterprises and Integrated Circuit Design Enterprises 五部委联合发布《国家规划布局内重点软件企业和集成电路设计企业认定管理试行办法》 (08/09/2012)

Five Ministries and Commissions jointly released the Circular on the Tentative Administrative Measures on the Accreditation of the Key Software Enterprises and Integrated Circuit Design Enterprises in National Planning Layout (the “Software and Circuit Circular”) on August 9, 2012. The issuance of this Software and Circuit Circular aims to standardize accreditation criteria for qualified key software companies and integrated circuit design companies.

According to the Software and Circuit Circular, software companies applying for accreditation shall meet one of the following requirements: (1) Annual Sales (Business) Revenue from the development of software products has reached at least RMB 150 million and no losses were incurred in that same year; (2) Annual Sales (Business) Revenue from software products development has reached at least RMB 150 million and comprehensive scoring ranks the company among the top five among  all applicants within the encouraged filed published by the competent authorities; or (3) Annual Export Income from software products has reached at least RMB 5 million USD and the proportion of export income has reached at least 50 percent of the total  annual revenue of the company.

Integrated-circuit companies seeking accreditation shall meet one of the following requirements: (1) Annual Sales (Business) Revenue of integrated circuit design has reached at least RMB 150 million and no loss were incurred at the same year; and (2) Annual Sales (Business) Revenue of integrated circuit design has reached at least RMB 150 million and the comprehensive scoring ranks top three among all the applicants within the encouraged filed published by the competent authorities.

  • Tentative Administrative Measures on the Accreditation of the Key Software Enterprises and Integrated Circuit Design Enterprises in National Planning Layout
  •  《国家规划布局内重点软件企业和集成电路设计企业认定管理试行办法》
  • Issuing Authority: the Ministry of Finance; the Ministry of Industry and Information Technology; the National Development and Reform Commission; the Ministry of Commerce; the State Administration of Taxation
  • Date of Issuance: August 9, 2012 / Effective date: August 9, 2012
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George Qi is a shareholder in Greenberg Traurig's Shanghai office. He focuses his practice primarily on China-related cross-border mergers and acquisitions, capital market, corporate finance and general corporate matters. He has wide-ranging experience advising multinational companies in acquisitions and otherwise doing business in China, and in advising Chinese private companies in raising capital in overseas capital markets.

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About the Author

Shareholder

Dawn Zhang is a shareholder in Greenberg Traurig's Shanghai office. She has broad experience advising clients on venture capital, China-related cross-border mergers and acquisitions, restructuring, joint ventures, and general corporate matters. Before joining Greenberg Traurig, Dawn practiced in other international law firms for many years and served as the PRC legal counsel for a multinational corporation, where she handled a wide variety of corporate matters for public and emerging growth companies. Dawn passed the national PRC judicial qualification examination in 1998 and was...

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