Regulations of Beijing Municipality on Promotion of Informatization

· Document Number：Announcement No. 63 of the Standing Committee of the People's Congress of Beijing Municipality

· Area of Law： E-Commerce

· Level of Authority： Provincial Local Regulations

· Date issued：09-14-2007

· Effective Date：12-01-2007

· Status： Effective

· Issuing Authority： Beijing Municipal People's Congress (incl. Standing Committee)

Announcement of the Standing Committee of the People's Congress of Beijing Municipality
(No. 63)
The Regulations of Beijing Municipality on Promotion of Informatization, adopted at the 38th Meeting of the Standing Committee of the Twelfth People's Congress of Beijing Municipality on September 14, 2007, is hereby promulgated and shall come into effect on December 1, 2007.
Standing Committee of the 12th Municipal People's Congress of Beijing
September 14, 2007
Regulations of Beijing Municipality on Promotion of Informatization
(Adopted at the 38th Meeting of the Standing Committee of the Twelfth People's Congress of Beijing Municipality on September 14, 2007)
CHAPTER I GENERAL PROVISIONS
Article 1 These Regulations are formulated in accordance with relevant laws and administrative regulations and by taking into account the particular situations of this Municipality for the purpose of standardizing the administration of informatization, speeding up the informatization construction, and promoting the economic development and social advancement.
Article 2 These Regulations shall be applicable to the construction of informatization projects, exploitation and utilization of information resources, popularization and application of information technologies, safeguard of information security and relevant administration activities in this Municipality.
Article 3 The informatization development in this Municipality shall follow such principles as integrated planning, share of resources, stressing actual results and ensuring security.
Article 4 The municipal, district and county people's governments shall include the informatization development work into their respective plans for national economic and social development, maintain a sound leadership and coordination mechanism of the informatization work, resolve the key problems in the informatization development work within their respective administrative regions in an integrated and coordinative way, and increase the input of fund into the informatization development.
The township and town people's governments and sub-district offices shall promote the informatization development work within their respective administration regions.
Article 5 The competent municipal, district and county departments for informatization shall be responsible for the overall planning, organization, coordination, supervision and administration of the informatization development within their respective administration regions.
The administrative departments for development and reform, finance, science and technologies, communications administration, quality and technology supervision, industry and commerce, public security, secret-guarding, and so on shall, according to the division of their duties, be responsible for the work related to the informatization development.
Article 6 The competent municipal department for informatization shall, together with other departments concerned and in accordance with the national informatization development planning and the plan of this Municipality for national economic and social development, make arrangements for working out the informatization development planning of this Municipality, which shall be promulgated for implementation after being submitted to and approved by the municipal people's government.
The competent district and county departments for informatization shall, together with other departments concerned and in accordance with the informatization development planning of this Municipality and by taking into account their respective particular situations, make arrangements for working out the informatization development planning of their respective administrative regions, which, upon examination by the competent municipal department for informatization, shall be promulgated for implementation after being submitted to and approved by the people's governments at the same level.
The informatization development planning worked out by the State organs of this Municipality for their own departments, industries and sectors shall be in compliance with the informatization development planning of this Municipality.
Article 7 The competent municipal department for quality and technology supervision shall, together with the competent department for informatization and other departments concerned, fix and timely improve informatization standards in accordance with the trends and demands of informatization development and with their duties and authorities,.
All organizations and individuals shall implement the informatization standards of the Sate and this Municipality when engaging in such activities as the construction of informatization projects, development and utilization of information resources, popularization and application of information technologies and safeguard of information security.
The municipal, district and county departments for quality and technology supervision and informatization as well as other departments concerned shall supervise the implementation of the informatization standards.
Article 8 The municipal, district and county people's governments shall make preferential policies and measures to promote the innovation of modern information technologies and push forward the application of information technologies with self-owned intellectual property rights through such activities as government procurement, publicity and education, training and assessment.
The municipal, district and county people's governments shall commend the organizations and individuals who make outstanding contributions in the informatization work.
Article 9 This Municipality shall encourage the cultivation and bringing in of informatization talents, enhance the popularization of informatization knowledge and skills among citizens and improve their application ability of information technologies.
This Municipality shall establish and improve the basic curriculum system and popularize the education of information technologies in middle and primary schools.
The radio, TV, newspapers and websites shall be used to carry out the publicity and education of information science as well as its popularization.
CHATPER II Construction of Informatization Projects
Article 10 Should the construction of an informatization project be subject to bidding and tendering, the process shall be gone through according to law and the supervision shall be exercised in accordance with the relevant regulations of the State and this Municipality; the construction of an informatization project with government investments shall comply with the provisions of such laws and regulations on government procurement.
Article 11 Should an organization engaged in construction of informatization projects be subject to qualification authentication as required by the relevant regulations of the State, it shall be authenticated as qualified according to law. The organization not authenticated as qualified shall neither contract for, nor contract for in the name of any other organization, any informatization projects in the corresponding field; the organization authenticated as qualified shall not contract for any informatization projects beyond the grade of its qualification.
Article 12 The competent municipal, district and county departments for informatization shall, together with the departments for development and reform, finance, and so on at the corresponding level, make their respective annual plans for informatization projects constructed with government investments of this Municipality and shall supervise the implementation of such plans.
Article 13 Where government investments are used to construct a new informatization project, the project shall, before the project owner reports it to the department for development and reform or to other departments concerned for examination and approval, pass the examination by the competent department for informatization at the same level; where government investments are used to reconstruct or expand an informatization project or to conduct operational maintenance, the project shall, before the project owner reports it to the department of finance for examination and approval of funds, pass the examination by the competent department for informatization at the same level.
The competent department for informatization shall organize the examination of an information project reported for examination from the perspective of its benefits, planed layout, technological standards, network and information security, share of information resources and other related aspects, and shall issue its examination opinions.
The competent department for informatization, the department for development and reform, the department for finance and other departments concerned shall not examine and approve any informatization projects not in compliance with the informatization development planning and the examination requirements provided for in this Article.
The competent department for informatization shall, together with other departments concerned, take measures to actively promote the integration of constructed informatization projects.
Article 14 The project owner shall organize the inspection for acceptance of an informatization project upon its completion. An informatization project that is not inspected for acceptance or fails to pass such an inspection shall not be put into use.
When carrying out the inspection for acceptance of an informatization project constructed with government investments, the project owner shall invite the competent department for informatization and other competent departments concerned to participate in.
Article 15 The system of warranty of quality of informatization projects shall be practiced in this Municipality and the organizations contracting for informatization projects shall assume the warranty responsibility.
The period of warranty of quality of an informatization project with government investments shall not be shorter than two years starting from the date when the project passes the inspection for acceptance upon its completion.
Article 16 In construction and operational maintenance of an informatization project, the project owner shall establish standardized management systems, bring success to the updating of the information, and strengthen the administration of information resources, the protection of intellectual property rights and the safeguard of information security.
Software used in construction of informatization projects of this Municipality shall be those lawfully authorized; the use of domestically made information technologies and products is encouraged.
CHAPTER III EXPLOITATION and Utilization of Information Resources
Article 17 This Municipality shall strengthen administration of the collection of government information.
State organs of this Municipality shall collect government information according to law, strengthen administration of government information, update the information regularly, ensure the authenticity and accuracy of government information, and take security measures to prevent the loss, disclosure or abuse of government information .
The competent municipal department for informatization shall organize the establishment of the catalogue of government information resources, regulate the collection of government information by administrative organs at the municipal, district and county levels, and avoid repeated collection of the information in the catalogue of government information resources.
Article 18 This Municipality shall uniformly establish such basic databases as the ones of population, legal persons, natural resources, geographic spaces, and macro economy. These basic databases shall be constructed and used in accordance with the relevant regulations of the State and this Municipality.
State organs at all levels of this Municipality shall make full use of the basic databases to construct business databases for their own industries and departments; apart for the circumstances where national secrets are involved or where the laws or regulations have otherwise provide, the owners of these basic databases shall offer information sharing service to the State organs of this Municipality.
Article 19 State organs at all levels of this Municipality and organizations that are authorized by laws and regulations to exercise the power of administration of public affairs shall establish and improve the system for openness of government information, draw up and make public the guidebooks and catalogues for the openness of government information of their own according to law, and disclose the government information through gazettes, websites, press conferences, newspapers, radio and TV programs, and other manners that are convenient for awareness of the public in accordance with the regulations of the State and this Municipality.
State organs at all levels of this Municipality and organizations that are authorized by laws and regulations to exercise the power of administration of public affairs shall establish according to law the mechanism for accepting and handling applications for making public government information, and offer services to citizens in terms of openness of government information.
Article 20 Such public enterprises and public institutions of this Municipality as the ones for education, medical and health services, water supply, gas supply, heating supply, public traffic and environmental protection shall timely make public such information as service commitments, charging standards and working procedures through websites and other manners, and shall gradually take informatization measures to handle their businesses.
The competent industrial departments of this Municipality shall guide and supervise the openness of information and services in this regard of the public enterprises and public institutions.
Article 21 The municipal, district and county people's governments shall uniformly construct the platform for the share and exchange of government information and offer services to all State organs in the share and exchange of such information.
A State organ may use the government information of other State organs included in the catalogue of government information resources. An organization needing any government information shall proactively consult with the providing organization in terms of the contents, scope, usage and manner of share of the information needs to be shared. Where no agreement is reached through consultation, the organization needing the government information shall report the case to the competent department for informatization at the same level for coordination and settlement.
Article 22 The municipal, district and county people's governments shall guide and standardize value-added exploitation and utilization of government information resources and encourage all organizations and individuals to carry out exploitation and utilization of information resources for purpose of public welfare.
Article 23 When carrying out credit investigation activities, an intermediary agency of creditability service shall follow such principles as independence, objectiveness and justice, keep commercial secrets, respect personal privacy, and safeguard the lawful rights and interests of the enterprises and individuals being investigated as well as the public interests.
An intermediary agency of creditability service shall use the information it has collected within the scope permitted by information providers.
It is encouraged to use the creditability products provided by intermediary agencies of creditability service in such activities as government procurement, market regulation, credit business and commerce.
CHAPTER IV Popularization and Application of Information Technologies
Article 24 The municipal, district and county people's governments shall take measures to promote enterprises and individuals to use the information network in their commercial activities, guide the gradual establishment in our society and improvement of the creditability system and the on-line payment and logistics distribution systems, and encourage the development of e-commerce service providers.
The relevant departments under the municipal people's government shall work out the guide for the development of enterprise informatization with medium and small enterprises as the main target and construct a public information service platform for medium and small enterprises.
Article 25 This Municipality shall plan the informatization development in urban and rural areas in an integrated way, increase the input of public fiscal, support the construction and operational maintenance of the information infrastructure and comprehensive information platform in rural areas, promote the modern long-distance education in rural areas, encourage the provision of practical information services for the production and daily lives of farmers through informatization measures, exploit and utilize agriculture-related informatization resources, and offer informatization knowledge and skills training for farmers.
Such public service organizations as the ones of telecommunications, radio and TV shall take measures to strengthen information network service in rural areas.
Article 26 Those who engage in internet information service activities in this Municipality shall go through appropriate licensing procedures or registration procedures in accordance with the regulations of the State.
The organizations and individuals who engage in commercial activities by using the internet shall acquire their business licenses according to law and make public in the homepages of their websites such information as the information about the operational entities, certificates of acquisition of licenses or registration, service rules and service processes.
Article 27 Providers of e-commerce services shall verify the identity information, lawful operation certificates and materials reflecting trade and creditability conditions of the operational entities who engage in operational activities by using their websites and well do the data backup of the relevant information, so as to facilitate the inquiry and check by the interested parties and relevant departments.
Providers of e-commerce services shall establish a mechanism of accepting complaints, exercise supervision over the operational activities by using their websites, and cooperate with the relevant government departments in their regulatory activities; however, they shall not hinder operational entities from carrying out normal trade activities.
Article 28 State organs at all levels of this Municipality shall, at regular intervals, make arrangements for their staff members to learn the knowledge about e-administration and organize training in skills of e-administration.
Article 29 This Municipality shall construct a uniform e-administration network and promote the interconnection of related business application systems.
The business application system of a state organ at any level of this Municipality must be operated via the uniform e-administration network of this Municipality if it cannot be operated via the Internet. Should it be necessary to have such a system interconnected into the uniform e-administration network of this Municipality, this system shall comply with the standards and the interconnection shall be subject to the examination and approval by the competent municipal, district or county department for informatization.
State organs at all levels shall not construct new networks for exclusive use and such networks already constructed shall be gradually adjusted in accordance with the planning and standards and interconnected into the e-administration network.
Article 30 The websites of State organs of this Municipality shall be linked to the e-administration portal website of this Municipality in accordance with the relevant regulations, and the website style, logo and technological standards for the construction, operation and maintenance shall be unified.
If a State organ of this Municipality registers a domain name in the Internet, it shall abide by the relevant regulations of the State and this Municipality and be subject to the examination and approval by the competent municipal department for informatization.
Article 31 The competent municipal, district and county departments for informatization shall organize and carry out display and exchange of informatization results and carry out demonstration and extension of advanced informatization technologies and products.
CHAPTER V Safeguard of Information Security
Article 32 This Municipality shall, in accordance with the relevant regulations of the State and this Municipality, practice a security grading protection system for networks and information systems.
Owners as well as operation and maintenance organizations of networks and information systems shall, in accordance with the management rules and technological standards of the State for information security grading protection, determine the security protection grades of their own networks and information systems, and go through the formalities of registration, examination and approval in accordance with the relevant regulations of the State and this Municipality.
Article 33 Owners as well as operation and maintenance organizations of networks and information systems shall, in light of determined security protection grades and in accordance with the management rules and technological standards of the State for information security grading protection, ensure appropriate input and carry out simultaneous construction or reconstruction for security of networks and information systems. Upon completion of the construction, the said owners and operation organizations shall carry out technological assessment of security grades in accordance with the relevant regulations of the State, and take measures to safeguard the security of networks and information systems based on the results.
Article 34 Owners as well as operation and maintenance organizations of networks and information systems of this Municipality shall strengthen security management, make emergency plans for security accidents of networks and information systems and organize regular drills.
When any security accidents of networks and information systems happen, the organizations concerned shall take prompt measures to reduce the damage, prevent the accidents from expanding, keep appropriate records, and timely report to the competent department for informatization at the same level in accordance with the relevant regulations.
The relevant departments of the municipal, district and county people's governments shall organize the preparation of emergency plans for security accidents of networks and information systems of the relevant industries, and organize and coordinate the organizations concerned to bring success to the implementation of these emergency plans.
Article 35 This Municipality shall establish an emergency rescue service system for information security of public service networks and information systems, set up a mechanism for circulation and coordination of information security situations, provide rescue service to the organizations where public service information security accidents happen, and provide security safeguard of networks and information systems for the emergency commanding system of this Municipality.
Article 36 No organization or individual shall make use of networks and information systems to engage in any activities harming State security, disturbing public order, damaging the lawful rights and interests of citizens, legal persons and other organizations, harming the security of networks and information systems, or spreading or disseminating illegal information .
Article 37 The management of informatization projects in which State secrets are involved shall be regulated in accordance with the relevant regulations on keeping State secrets.
CHAPTER VI Supervision and Administration
Article 38 The competent municipal, district and county departments for informatization shall exercise supervision and examination over the implementation of the informatization development planning and the annual plans for construction of informatization projects with government investment, and organize and carry out assessment of e-administration performance by State organs.
Article 39 The municipal, district and county departments for development and reform, finance, auditing and informatization shall exercise supervision and examination over the use of funds in informatization projects with government investment and over the operation and maintenance of such projects; the departments for statistics, supervision, informatization and openness of government information shall exercise supervision and examination over the collection, openness, share of government information and information service work of the relevant State organs.
Article 40 State organs at all levels of this Municipality shall strengthen their internal management of the collection, management, openness and share of government information, designate persons-in-charge and internal institutions responsible for the planning, coordination and management of e-administration in their respective organizations, and establish a system for regular assessment of their staff members' informatization knowledge and skills.
Article 41 The competent industrial departments of the municipal, district and county people's governments shall organize examination and evaluation of the informatization service levels of the public enterprises and public institutions of their respective industries, and make public the relevant situations.
Article 42 The relevant departments of the municipal, district and county people's governments shall, in light of the division of their duties, bring success to the supervision and examination work in the fields related to informatization, and report the relevant information to the competent departments for informatization at the same level.
The illegal acts committed by enterprises, public institutions and individuals may be included in their creditability information systems according to law.
CHAPTER VII legal liabilities
Article 43 Where, in violation of the provisions of Article 11 of these Regulations, an organization not authenticated as qualified contracts for or contracts for in the name of any other organization any informatization projects in the corresponding field, or an organization authenticated as qualified contracts for any informatization projects beyond the grade of its qualification, the competent municipal, district or county department for informatization shall give it a warning and order it to make corrections within a specified time limit; if the circumstances are serious, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed.
Article 44 Where, in violation of the provisions of Article 34 of these Regulations, an organization concerned fails to make emergency plans for security accidents of networks and information systems, or conceals facts, gives a false report or delays the report of any security accidents of networks and information systems, the competent municipal, district or county department for informatization shall order it to make corrections within a specified time limit and may impose a fine of not than 30,000 yuan upon it.
Article 45 Where one of the following acts is committed in violation of the provisions of these Regulations, the relevant department shall, in accordance with the Regulations of the People's Republic of China on Disclosure of Government Information, the Regulations of the People's Republic of China on Security Protection of Computer Information System and other regulations concerned, order it to make corrections, give it a warning or order it to shut down computers for rectification, and impose penalties according to law upon the persons who are directly in charge and the other persons who are directly responsible:
(1) violating the provisions of Article 19 by failing to make public government information in accordance with the regulations of the State and this Municipality;
(2) owners as well as operation and maintenance organizations of networks and information systems violate the provisions of Article 32 by failing to go through the formalities of registration, examination and approval of security protection grades in accordance with the law; or
(3) violating the provisions of Article 33 by failing to carry out construction or reconstruction for security of networks and information systems or failing to carry out technological assessment of security grades of networks and information systems.
Article 46 Where one of the following acts is committed in violation of the provisions of these Regulations, the competent municipal, district or county department for informatization may circulate a notice of criticism on the responsible organization; where any major losses are caused, the violation shall be dealt with in accordance with the relevant laws and regulations:
(1) violating the provisions of Article 17 by repeatedly collecting the information in the catalogue of government information resources; or
(2) violating the provisions of Paragraph 2 of Article 29 by having a system interconnected into the e-administration network without examination and approval.
Article 47 As to any activities harming State security, disturbing public order, damaging the lawful rights and interests of citizens, legal persons and other organizations, harming the security of networks and information systems, or spreading or disseminating illegal information in development of informatization, the departments for State security, public security, secrecy, industry and commerce and other departments concerned shall deal with such activities according to law; if a crime is constituted, criminal liability shall be investigated for according to law.
Article 48 Where any staff members of the competent municipal, district and county departments for informatization and other departments concerned commit illegalities for personal gains or by fraudulent, abuse their power, or neglect their duties in the informatization work, the departments concerned shall give them an administration sanction; if a crime is constituted, criminal liability shall be investigated for according to law.
CHAPTER VIII SUPPLEMENTARY PROVISIONS
Article 49 These Regulations shall be effective as of December 1, 2007.