Laws of the Guangdong Province

Regulations of Shenzhen Special Economic Zone on Informatization Construction

(Originally adopted at the 29th Meeting of the Standing Committee of the Second Shenzhen Municipal People's Congress on January 25, 1999. As revised at the 32nd Meeting of the Standing Committee of the Third Shenzhen Municipal People' s Congress on June 25, 2004.)

Chapter Ⅰ General Provisions

Article 1 In order to promote the development of informatization construction in Shenzhen Special Economic Zone (hereinafter referred to as the special zone), strengthen the planning and administration of informatization construction, these regulations are formulated according to the basic principles of relevant State laws and administrative regulations and combining with the actual circumstances of the special zone.

Article 2 These regulations shall be applicable to the drafting of informatization construction plan, the drawing up of development policy of information industry, the construction of information network and information applying system, the development and utilization of information resources in the special zone.

Article 3 Informatization constructions shall observe the principles of overall planning, interchanging and sharing resources.

Informatization construction shall be brought into the municipal program of national economy and social development, and pay attention to the social and economic benefits.

Article 4 The people' s government of Shenzhen municipality (hereinafter referred to as the municipal government) shall support the development of information industry, develop the education and propaganda for informatization popularization in a planned way and step by step, and raise the civil informatization consciousnesses.

Article 5 The administrative department of informatization construction of Shenzhen municipality (hereinafter referred to as the municipal competent department of informatization) shall take charge of the planning, administration, coordination and supervision of informatization construction.

The municipal departments of public security, industry and commerce, and technical supervision shall perfect the informatization work within their separate functions and duties.

Chapter Ⅱ Planning of Informatization Construction

Article 6 The municipal overall planning of informatization construction shall be drafted by the municipal competent department of informatization, and may not be implemented until being approved by the municipal government. The overall planning, which shall be submitted to the State for approval, may not be implemented until being approved by the State.

After the municipal overall planning of informatization construction enters into effect, no unit or individual may arbitrarily revise or change it. In case that the overall planning requires to be revised indeed, the revision shall be submitted for examination and approval according to the procedures stipulated in these regulations.

Article 7 The drafting of municipal overall planning of informatization construction shall satisfy the requirements of the national program of informatization construction, and the municipal program of national economy and social development.

When drafting the municipal overall planning of informatization construction, relevant departments and all the circles of society shall be solicited opinions extensively, and the expert' s demonstration shall be organized.

Article 8 Relevant departments of the municipal government and district people' s governments shall draw up special planning and district informatization planning according to the requirements of the municipal overall planning of informatization construction, and submit them to the municipal competent department of informatization for examination and verification.

Article 9 The municipal competent department of informatization shall publicize the municipal overall planning of informatization construction and its implementation situation, and accept the consultation and supervision of all the circles of society.

Chapter Ⅲ Information Industry

Article 10 The information industry referred to in these regulations includes the manufacturing industry of electronic information product, software industry, communication industry and relevant information service industry.

Article 11 The municipal competent department of informatization shall draft the catalogue for the development of municipal information industry jointly with relevant departments, and shall lead the development of information industry.

Article 12 When the municipal or district government drafts annual budget, it shall appropriate a fund of certain proportion to support the development of information industry.

The municipal government shall set up the risk investment mechanism of information industry, and encourage domestic and overseas enterprises, other economic organizations and individuals to invest in information industry. The State regulations shall prevail if they provide otherwise.

Article 13 The municipal government shall work out specific preferential policies and measures on the manufacturing of electronic information product, the researching, development and popularization of software, the development and utilization of information resource, and shall encourage the development or manufacturing of the information technology or information product at domestic or international advanced level.

Article 14 The enterprise, which undertakes the manufacturing of electronic information product or software development, shall strictly enforce the compulsory standards of the State, industry and region. In case that there is no compulsory standard, it is encouraged to adopt the international advanced standards.

Article 15 The municipal government shall strengthen the standard administration of information service industry, safeguard fair competition, and maintain the interests of the State and consumer.

Chapter Ⅳ Information Project

Article 16 The information project mentioned in these regulations refers to the project of information network, construction of information applying system, or development of information resource mainly by means of computer or communication technology.

Article 17 The municipal competent department of planning shall take charge of the establishment examination and approval to the information project, which is invested by the municipal government, after the municipal competent department of informatization carries out comprehensively coordination. As to the information project which is not invested by the government, the construction unit shall submit relevant feasibility researching report, and the schemes of designing, construction and quality control to the municipal competent department of informatization for record.

The municipal competent department of informatization and the municipal competent department of planning shall examine the information project according to the requirements of the State informatization construction planning and the municipal overall planning of informatization construction, and shall avoid repeated construction and industry monopolization.

Article 18 The designing and construction units of information project shall strictly enforce the compulsory standards of the State, industry and region, and ensure the interchanging of established information network and applying system. In case that there is no compulsory standard, it is encouraged to adopt international advanced standards.

The municipal competent department of informatization shall draft the catalogue and index of the information project standards jointly with the municipal competent department of technical supervision and publicize them.

Article 19 The municipal competent department of informatization and other competent department of relevant industry shall work out specific measures to supervise the quality of information project, set up and improve the bidding, supervision and final acceptance systems of information project.

Chapter Ⅴ Information Resource

Article 20 The municipal and district state organs shall develop and set up corresponding databases and applying systems, and achieve the interchanging and office automation according to their respective functions and duties.

All the information resources relevant to the establishment and responsibility division of government organizations, working procedures, conditions and bases, which may be publicized, shall be publicized to society through the public information network or other media.

The public information network mentioned in the preceding paragraph refers to various communication network or computer network, which provides service to public, such as the telecommunication network, cable TV network, satellite communication network and wireless communication network.

Article 21 The municipal and district state organs shall interchange the information, which is obtained in their implementation of functions and duties according to law and may be publicized. The State regulations shall prevail if they provide otherwise.

Social organization and individual shall be allowed to look up or acquire the information, which is publicized by the municipal or district state organ, without any charge. Relevant department may collect cost recovery charge according to regulations if it needs to. .

Article 22 The operating unit of public information network and the unit using public information network to operate shall collect service charge strictly according to the State' s charging items and standards.

Article 23 The operating and applying unit of public information network shall set up and perfect the guarantee system of the network' s operation safety, and accept the safety guarantee examination and supervision of the public security department.

No unit or individual may invade into the public information network system or disturbs its safe operation without legal authorization.

Article 24 Any unit or consumer, who applies for connecting with the international internet, shall go through the connecting formalities according to relevant State regulations, and perfect the work of the network information' s safety and secrecy.

The municipal competent department of informatization shall perfect the administration to the registration of the domain names of local international internet consumers according to relevant State regulations.

Article 25 The information' s provider or issuer shall be responsible for the authenticity and legality of the information, which is issued through the public information network.

The legal information is protected by the State law. No unit or individual may delete or change the information stored in the information network system without the permission or authorization of the information' s owner.

　　严禁发布危害国家安全、内容淫秽等国家禁止传播的信息。

It is strictly prohibited to spread the information prohibited to be spread by the State, such as the information damaging the security of the State and containing obscene content.

Chapter Ⅵ Legal Responsibility

Article 26 Anyone, who arbitrarily changes the overall planning or doesn' t draw up the special planning or district informatization planning according to the overall planning, in violation of the second paragraph of Article 6 or Article 8 of these regulations, shall be ordered to make correction by the municipal competent department of informatization. The municipal competent department shall circulate a notice of criticism to the illegal unit and its main leading official, and shall impose administrative penalty to the unit' s main leading official and the person directly liable according to law if the circumstance is serious.

Article 27 Any unit, which doesn' t implement the compulsory standards in violation of Article 14 or the first paragraph of Article 18 of these regulations, shall be imposed administrative penalty by the municipal competent department of technical supervision according to law.

Article 28 Anyone, who invades in public information network without authorization, in violation of the second paragraph of Article 23 of these regulations, shall be ordered to make correction and stop operation, shall be confiscated the illegal gains and be imposed a fine of one to two times the illegal gains by the municipal competent department of informatization according to the seriousness of circumstance.

Article 29 Anyone, who provides or issues false information, changes or deletes information without authorization, in violation of the first or second paragraph of Article 25 of these regulations, shall be ordered to make correction and be imposed a fine of 5,000 to 10,000 yuan by the municipal competent department of informatization. Anyone, who causes damage to consumer, shall compensate, and shall be investigated for criminal responsibility if his act constitutes a crime.

Anyone, who spreads the information prohibited to be spread by the State, in violation of the third paragraph of Article 25 of these regulations, shall be imposed administrative penalty by the public security department or relevant department according to law, and shall be investigated for criminal responsibility if his act constitutes a crime.

Article 30  In case that he administrative law enforcement official of the municipal competent department of informatization violates the provisions of these regulations, plays irregularities for favoritism, abuses his power or neglects his duty, the main leading official or the person directly liable shall be imposed administrative penalty according to law, and shall be investigated for criminal responsibility according to law if his act constitutes a crime..

Article 31 Any administrative counterpart, who does not agree with the administrative penalty decision made by the municipal competent department of informatization or relevant competent department of the municipal government, may apply for review to the administrative review organ of the municipal government within 15 days upon receiving the penalty decision, or file a lawsuit directly to the people' s court.

Chapter Ⅶ Supplementary Provisions

Article 32 The municipal government shall enact concrete implementation rules on the construction of information project, management of information resources, insurance of information network safety, and administration to the registration of the international internet' s domain names.