Measures for the Administration of Computer Information System Security Products Testing and Sales License (Ministry of Public Security Order No. 32)
Yangzhou Nature Network Information Co., LTD. December 28, 2012 Read: 5532
(Adopted by the Office meeting of the Minister of Public Security on June 28, 1997, and promulgated by Decree No. 32 of the Ministry of Public Security on December 12, 1997。)
Chapter I General rules
Article 1 In order to strengthen the management of computer information system security special products (hereinafter referred to as security special products)，Ensure the safety function of the safety dedicated products，Maintain the security of computer information system，According to the provisions of Article 16 of the Regulations of the People's Republic of China on the Security Protection of Computer Information Systems, Formulate these measures。
Article 2 The term "special computer information system security products" as mentioned in these Measures refers to special hardware and software products used to protect the security of computer information systems。
Article 3 A sales license system shall be implemented for the sale of safety-specific products within the territory of the People's Republic of China。
The producers of special products must apply for the Sales License of Special Products for Computer Information System Security (hereinafter referred to as the sales License) before their products are sold on the market.。
Article 4 In applying for a sales license, producers of safety-specific products must test and certify the safety functions of their products。
Article 5 The computer management and supervision department of the Ministry of Public Security shall be responsible for the examination and approval of the sales license and the examination and approval of the safety function testing institutions for safety-specific products (hereinafter referred to as the testing institutions)。The public security organs of the people's governments at or above the local (municipal) level shall be responsible for the supervision and inspection of sales licenses。
Chapter II Application and approval of testing institutions
Article 6 A testing institution that has passed the examination of the technical supervision administrative department at or above the provincial level or the department authorized by it may submit an application to the computer management and supervision department of the Ministry of Public Security to undertake the task of testing security-specific products。
Article 7 The computer management and supervision department of the Ministry of Public Security shall examine the testing conditions and capabilities of the testing institutions that apply, and approve them to undertake the task of testing special safety products if they pass the examination。
Article 8 Testing institutions shall perform the following duties:
(1) Strictly implement the testing tasks assigned by the computer management and supervision department of the Ministry of Public Security;
(b) fill in the safety special product test report in accordance with the standard format;
(3) to produce a report of test results;
(4) Accept the supervision of the computer management and supervision department of the Ministry of Public Security on the testing process and check the original test records of the internal verification and audit tests of the testing institution;
(5) Keep the technical secrets of the products tested, and may not illegally occupy the scientific and technological achievements of others;
(6) shall not engage in the development and foreign consulting business related to the tested products。
Article 9 The computer management and supervision department of the Ministry of Public Security shall supervise and inspect the testing institutions that undertake testing tasks at least once a year。
Article 10 A testing machine that has been disqualified for testingAfter two years, it is allowed to re-apply to undertake the testing task of safety special products。
Chapter III Testing of special safety products
Article 11 Producers of safety-specific products shall apply for safety function testing to testing institutions approved by the computer management and supervision department of the Ministry of Public Security。
The producers of safety-specific products produced in the country shall be responsible for sending them for testing;For safety-specific products produced overseas and sold in China, domestic enterprises or units with legal personality designated by foreign producers are responsible for sending them for testing。
When the safety function of the safety special product changes, the safety special product should be retested。
Article 12 When sending safety products for testing, the following materials shall be submitted to the testing institution:
(1) Application for safety function testing of safety-specific products;
(2) Business license (photocopy);
(3) samples;
(4) Description of product functions and performance in Chinese;
(5) Relevant materials to prove the function and performance of the product;
(6) Security products using cryptography technology must submit the approval documents of the State cryptographic administrative department;
(7) Other materials required to be submitted according to relevant regulations。
Article 13 After receiving the application for testing, samples and other relevant materials, the testing institution shall, in accordance with the functional description of the special safety product, test whether it has the security protection function of the computer information system。
Article 14 The testing institution shall conduct timely testing and submit the testing report to the computer management and supervision department of the Ministry of Public Security for the record。
Chapter IV Examination, approval and issuance of sales license
Article 15 Producers of safety-specific products applying for sales licenses shall submit the following materials to the computer management and supervision department of the Ministry of Public Security:
(1) Business license (photocopy);
(b) safety special product test results report;
(3) Security products for the prevention and control of computer viruses shall submit the record certificate of computer virus prevention and control research issued by the public security organ。
Article 16 The computer management and supervision department of the Ministry of Public Security shall start from the date of receiving the application, The audit results of safety-specific products shall be made within 15 days，Under special circumstances, it may be extended to 30 days;After examination and approval，Issuance of sales licenses and "sales authorization" marks for safety-specific products;unqualified，Notify the claimant in writing，Give reasons。
Article 17 For safety-specific products that have obtained a sales license, the producer shall mark "sales license" in a fixed position。
No unit or individual may sell safety-specific products without the "sales license" mark。
Article 18 The sales license is valid only for the safety-specific products applied for sale。
When the functions of safety-specific products are changed, the sales license must be re-applied。
Article 19 The sales license shall be valid for two years from the date of approval。Where an extension is required at the expiration of the term, an application shall be made to the computer management and supervision department of the Ministry of Public Security for an extension 30 days before the expiration of the term。
Chapter V Punishment rules
Article 20 Production enterprises in violation of the provisions of these measures, have one of the following circumstances, deemed to sell security products without permission, by the public security organs in accordance with the provisions of the People's Republic of China Computer Information System Security Protection Regulations shall be punished:
(A) without applying for a sales license and the production of safety products into the market for sale;
(2) The function of safety-specific products has changed, and the sales license has not been re-applied for;
(3) When the sales license expires, it continues to sell without going through the application formalities for extension;
(4) fraudulently obtaining a sales license by providing a false test report of a security-specific product or a false record certificate of a computer virus prevention and control study;
(E) the sale of safety special products and the safety function of the sample is inconsistent;
(6) without marking the "sales license" mark on the safety special products for sale;
(7) forging or altering the sales license and the "sales license" mark。
Article 21 If a testing institution violates the provisions of these Measures and the circumstances are serious, it shall be disqualified from testing。
22nd security products containing harmful data harm the security of computer information system, according to the People's Republic of China Computer information System security Protection Regulations Article 23 punishment;If the case constitutes a crime, criminal responsibility shall be investigated according to law。
Article 23 Administrative penalties made in accordance with these measures shall be decided by the public security organ at or above the county level (including the county level), and fill in the written decision on administrative penalties and announce it to the penalized person。
Chapter VI Supplementary Provisions
Article 24 The inspection circular of special safety products and the catalogue of special safety products confirmed by the safety function inspection shall be issued by the computer management and supervision department of the Ministry of Public Security。
Article 25 The application form of the testing institution, the approval letter of the testing institution, the "Sales License for Computer information System Security Products" and the "sales license" mark shall be formulated by the Ministry of Public Security and supervised uniformly。
Article 26 These Measures shall come into force as of December 12, 1997。
Chapter I General rules
Article 1 In order to strengthen the management of computer information system security special products (hereinafter referred to as security special products)，Ensure the safety function of the safety dedicated products，Maintain the security of computer information system，According to the provisions of Article 16 of the Regulations of the People's Republic of China on the Security Protection of Computer Information Systems, Formulate these measures。
Article 2 The term "special computer information system security products" as mentioned in these Measures refers to special hardware and software products used to protect the security of computer information systems。
Article 3 A sales license system shall be implemented for the sale of safety-specific products within the territory of the People's Republic of China。
The producers of special products must apply for the Sales License of Special Products for Computer Information System Security (hereinafter referred to as the sales License) before their products are sold on the market.。
Article 4 In applying for a sales license, producers of safety-specific products must test and certify the safety functions of their products。
Article 5 The computer management and supervision department of the Ministry of Public Security shall be responsible for the examination and approval of the sales license and the examination and approval of the safety function testing institutions for safety-specific products (hereinafter referred to as the testing institutions)。The public security organs of the people's governments at or above the local (municipal) level shall be responsible for the supervision and inspection of sales licenses。
Chapter II Application and approval of testing institutions
Article 6 A testing institution that has passed the examination of the technical supervision administrative department at or above the provincial level or the department authorized by it may submit an application to the computer management and supervision department of the Ministry of Public Security to undertake the task of testing security-specific products。
Article 7 The computer management and supervision department of the Ministry of Public Security shall examine the testing conditions and capabilities of the testing institutions that apply, and approve them to undertake the task of testing special safety products if they pass the examination。
Article 8 Testing institutions shall perform the following duties:
(1) Strictly implement the testing tasks assigned by the computer management and supervision department of the Ministry of Public Security;
(b) fill in the safety special product test report in accordance with the standard format;
(3) to produce a report of test results;
(4) Accept the supervision of the computer management and supervision department of the Ministry of Public Security on the testing process and check the original test records of the internal verification and audit tests of the testing institution;
(5) Keep the technical secrets of the products tested, and may not illegally occupy the scientific and technological achievements of others;
(6) shall not engage in the development and foreign consulting business related to the tested products。
Article 9 The computer management and supervision department of the Ministry of Public Security shall supervise and inspect the testing institutions that undertake testing tasks at least once a year。
Article 10 A testing machine that has been disqualified for testingAfter two years, it is allowed to re-apply to undertake the testing task of safety special products。
Chapter III Testing of special safety products
Article 11 Producers of safety-specific products shall apply for safety function testing to testing institutions approved by the computer management and supervision department of the Ministry of Public Security。
The producers of safety-specific products produced in the country shall be responsible for sending them for testing;For safety-specific products produced overseas and sold in China, domestic enterprises or units with legal personality designated by foreign producers are responsible for sending them for testing。
When the safety function of the safety special product changes, the safety special product should be retested。
Article 12 When sending safety products for testing, the following materials shall be submitted to the testing institution:
(1) Application for safety function testing of safety-specific products;
(2) Business license (photocopy);
(3) samples;
(4) Description of product functions and performance in Chinese;
(5) Relevant materials to prove the function and performance of the product;
(6) Security products using cryptography technology must submit the approval documents of the State cryptographic administrative department;
(7) Other materials required to be submitted according to relevant regulations。
Article 13 After receiving the application for testing, samples and other relevant materials, the testing institution shall, in accordance with the functional description of the special safety product, test whether it has the security protection function of the computer information system。
Article 14 The testing institution shall conduct timely testing and submit the testing report to the computer management and supervision department of the Ministry of Public Security for the record。
Chapter IV Examination, approval and issuance of sales license
Article 15 Producers of safety-specific products applying for sales licenses shall submit the following materials to the computer management and supervision department of the Ministry of Public Security:
(1) Business license (photocopy);
(b) safety special product test results report;
(3) Security products for the prevention and control of computer viruses shall submit the record certificate of computer virus prevention and control research issued by the public security organ。
Article 16 The computer management and supervision department of the Ministry of Public Security shall start from the date of receiving the application, The audit results of safety-specific products shall be made within 15 days，Under special circumstances, it may be extended to 30 days;After examination and approval，Issuance of sales licenses and "sales authorization" marks for safety-specific products;unqualified，Notify the claimant in writing，Give reasons。
Article 17 For safety-specific products that have obtained a sales license, the producer shall mark "sales license" in a fixed position。
No unit or individual may sell safety-specific products without the "sales license" mark。
Article 18 The sales license is valid only for the safety-specific products applied for sale。
When the functions of safety-specific products are changed, the sales license must be re-applied。
Article 19 The sales license shall be valid for two years from the date of approval。Where an extension is required at the expiration of the term, an application shall be made to the computer management and supervision department of the Ministry of Public Security for an extension 30 days before the expiration of the term。
Chapter V Punishment rules
Article 20 Production enterprises in violation of the provisions of these measures, have one of the following circumstances, deemed to sell security products without permission, by the public security organs in accordance with the provisions of the People's Republic of China Computer Information System Security Protection Regulations shall be punished:
(A) without applying for a sales license and the production of safety products into the market for sale;
(2) The function of safety-specific products has changed, and the sales license has not been re-applied for;
(3) When the sales license expires, it continues to sell without going through the application formalities for extension;
(4) fraudulently obtaining a sales license by providing a false test report of a security-specific product or a false record certificate of a computer virus prevention and control study;
(E) the sale of safety special products and the safety function of the sample is inconsistent;
(6) without marking the "sales license" mark on the safety special products for sale;
(7) forging or altering the sales license and the "sales license" mark。
Article 21 If a testing institution violates the provisions of these Measures and the circumstances are serious, it shall be disqualified from testing。
22nd security products containing harmful data harm the security of computer information system, according to the People's Republic of China Computer information System security Protection Regulations Article 23 punishment;If the case constitutes a crime, criminal responsibility shall be investigated according to law。
Article 23 Administrative penalties made in accordance with these measures shall be decided by the public security organ at or above the county level (including the county level), and fill in the written decision on administrative penalties and announce it to the penalized person。
Chapter VI Supplementary Provisions
Article 24 The inspection circular of special safety products and the catalogue of special safety products confirmed by the safety function inspection shall be issued by the computer management and supervision department of the Ministry of Public Security。
Article 25 The application form of the testing institution, the approval letter of the testing institution, the "Sales License for Computer information System Security Products" and the "sales license" mark shall be formulated by the Ministry of Public Security and supervised uniformly。
Article 26 These Measures shall come into force as of December 12, 1997。
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