Notice of the Beijing Municipal Commission of Commerce on Revising the Contract Registration Requirements for Customs Declaration of Exported Software

• Document Number：No. 26 [2015] of the Beijing Municipal Commission of Commerce
• Area of Law： Industrial and Commercial Management
• Level of Authority： Local Regulatory Documents
• Date issued：09-02-2016
• Effective Date：09-02-2016
• Status： Effective
• Issuing Authority： Beijing Municipal Committee of Commerce

Notice of the Beijing Municipal Commission of Commerce on Revising the Contract Registration Requirements for Customs Declaration of Exported Software
(No. 26 [2015] of the Beijing Municipal Commission of Commerce)
The commerce departments of all districts and the Beijing Economic and Technological Development Area; and the relevant enterprises:
In accordance with the Letter of the Beijing Municipal Commission of Economy and Information Technology regarding Opinions on the Identification of Hi-Tech Software Export Enterprises (Letter No. 183 [2016] of the Beijing Municipal Commission of Economy and Information Technology), as the state has cancelled the administrative approval item of “recognition of software enterprises and integrated circuit design enterprises and registration and recordation of products,” the Beijing Municipal Commission of Economy and Information Technology will no longer conduct recognition of “hi-tech software export enterprises.” After consulting with the Beijing Municipal Commission of Economy and Information Technology, this Commission hereby revises the contract registration requirements of Beijing municipality for customs declaration of exported software as follows:
1. When conducting contract registration for the customs declaration of exported software, the registration authority shall no longer require the provision of a Letter of Identification of a Hi-Tech Software Export Enterprise (a photocopy provided by an enterprise exporting customs code 9803 software), and only require the submission of the following materials:
(1) The contract information form for contractors (printed out online).
(2) A photocopy of the effective agreement (master contract or framework contract) / information on execution thereof (order / modification of the agreement) (A Chinese version shall be attached to a contract in a foreign language).
(3) A certificate on self-declaration of export (photocopy).
(4) An explanation on the content of the software to be exported (to which the signature of the legal representative of the enterprise and the official seal of the enterprise shall be affixed, to be provided by the enterprise exporting customs code 9803 software, including but not limited to the name of the software, a description of the software, the design method of the software, and the copyright and other intellectual property rights in the software).
(5) The software copyright registration certificate (photocopy).
(6) The duplicate of the business license of the enterprise (photocopy) and if the enterprise's business license does not show a unified social credit code, that is, the enterprise has not been registered under “One License, One Code,” the organization code certificate (photocopy).
(7) The certificate on the import and export qualification of the enterprise: a Chinese-funded enterprise shall provide the Certificate on Import and Export Qualification or the Registration Form for Recordation of Foreign Trade Operators, while a foreign-funded enterprise shall provide the Certificate of Approval of a Foreign-Funded Enterprise or the Certificate of Approval of a Hong Kong-, Macao- or Taiwan-Funded Enterprise (photocopy).
(8) Other required materials.
2. The other requirements for service outsourcing and registration of software export contracts shall still be governed by the Notice on Comprehensively Decentralizing the Registration Management of Service Outsourcing and Software Export Contracts (No. 5 [2015] of the Beijing Municipal Commission of Commerce).
The commerce departments of all districts and the Beijing Economic and Technological Development Area shall update and revise the relevant workflows in a timely manner, and effectively conduct the contract registration for the customs declaration of exported software.
Beijing Municipal Commission of Commerce
September 2, 2016