"New 18th article" officially released

The long-awaited "Several Policies to Further Encourage the Development of the Software Industry and the Integrated Circuit Industry" of the integrated circuit industry was officially released. The following is the full text of the document:

Notice of the State Council on Printing and Distributing Certain Policies to Further Encourage the Development of the Software Industry and the Integrated Circuit Industry Guofa (2011) No. 4 People's Governments of all provinces, autonomous regions, and municipalities directly under the Central Government, and all State Council ministries and agencies directly under the State Council:

The “Several Policies to Further Encourage the Development of the Software Industry and Integrated Circuit Industry” is hereby issued to you. Please implement it in earnest.

The software industry and integrated circuit industry are strategic emerging industries of the country and are important foundations for national economic and social informationization. In recent years, under the support of a series of national policies and measures, through the joint efforts of all parties, China's software industry and integrated circuit industry have achieved rapid development. The formulation and implementation of "Several Policies to Further Encourage the Development of Software Industry and Integrated Circuit Industry" will continue to improve the incentive measures and clarify the policy orientation. It is of great significance for optimizing the industrial development environment, enhancing the ability of scientific and technological innovation, and improving the quality and level of industrial development. All regions and relevant departments must attach great importance to it, strengthen organizational leadership and coordination, and quickly formulate detailed implementation rules and supporting measures to effectively implement the work. The Development and Reform Commission shall, in conjunction with relevant departments, keep abreast of the implementation of policies, strengthen supervision and guidance, and ensure effective results.

On January 28, 2011, the State Council further encouraged certain policies for the development of the software industry and the integrated circuit industry, the “Circular of the State Council on Printing and Distributing Certain Policies for Encouraging the Development of Software Industry and Integrated Circuit Industry” (Guo Fa [2000] No. 18, Since the issuance of the “Gufa No. 18 Document”), China's software industry and integrated circuit industry have developed rapidly, the industry scale has expanded rapidly, and the technological level has significantly improved, which has effectively promoted the construction of national informatization. However, compared with the international advanced level, China's software industry and integrated circuit industry still have relatively weak development foundations, the enterprise's scientific and technological innovation and self-development ability are not strong, the level of application and development needs urgent improvement, and the industrial chain needs to be improved. In order to further optimize the environment for the development of the software industry and the integrated circuit industry, improve the quality and level of industrial development, and cultivate a group of industry-leading companies with strength and influence, the following policies are formulated.

I. Financial and taxation policies (1) Continue to implement software VAT preferential policies.

(II) Further implement and improve relevant business tax preferential policies, and engage in software development and testing, information system integration, consulting, operation and maintenance, integrated circuit design and other services for eligible software companies and integrated circuit design companies, and exempt from business tax, and simplify Related procedures. The specific measures shall be formulated by the Ministry of Finance and the State Administration of Taxation in conjunction with relevant departments.

(III) For integrated circuit manufacturing enterprises whose integrated circuit line width is less than 0.8 micron (inclusive), the enterprise income tax shall be exempted from the first year to the second year from the profit-making year, and the third to the fifth year The 25% statutory tax rate is halved on corporate income tax (hereinafter referred to as “two exemptions, three half-reductions” preferential policies for corporate income tax).

(4) For integrated circuit manufacturing enterprises whose integrated circuit line width is less than 0.25 micron or whose investment amount exceeds 8 billion yuan, after being determined, the enterprise income tax shall be levied at a reduced tax rate of 15%, of which the operating period is more than 15 years and self-monetization Starting from the first year to the fifth year, the enterprise income tax will be exempted. From the sixth year to the tenth year, corporate income tax will be levied at half the statutory tax rate of 25% (hereinafter referred to as “five exemptions, five years, and 50%”).

(5) With respect to major IC projects approved by the State, due to the problem of central procurement involving the use of VAT input tax that is difficult to be deducted in the short term, special measures have been adopted to properly resolve the problem. The specific measures shall be formulated by the Ministry of Finance in conjunction with relevant departments.

(6) After the newly established integrated circuit design enterprises and qualified software enterprises in China are identified, they will enjoy the preferential policy of “two exemptions, three reductions and one half reduction” of the enterprise income tax from the year of profit-making. Imported materials of certified integrated circuit design companies and qualified software companies that meet the requirements of the existing laws and regulations can enjoy the bonded policy.

(7) If an integrated circuit design enterprise within the national planning layout meets the relevant conditions, it can enjoy the preferential income tax policy for key software enterprises in the national planning layout according to the document No. 18 issued by the State Council. The specific measures will be formulated by the Development and Reform Commission and relevant departments.

(8) In order to improve the integrated circuit industry chain, enterprises eligible for IC packaging, testing, key special materials companies, and integrated circuit equipment-related enterprises are given preferential corporate income tax. The specific measures shall be formulated by the Ministry of Finance and the State Administration of Taxation in conjunction with relevant departments.

(9) The country's preferential income tax policies for integrated circuit companies shall be dynamically adjusted in accordance with industrial technological progress. Eligible software companies and integrated circuit companies enjoy the "two exemptions and three reductions" and "five exemptions, five and half reductions" preferential corporate income tax policy. The preferential period will be calculated from the profit-earning year before December 31, 2017, and enjoy the expiry date. Full time. There is an overlap between the preferential income tax policies for eligible software companies and IC companies and other preferential policies for corporate income tax. The company chooses one of the most preferential policies to implement, and does not superimpose enjoyment.

Second, investment and financing policy (10) The country strongly supports the construction of important software and integrated circuit projects. We will give appropriate support to the central budget investment for qualified IC companies' technological progress and technological transformation projects. Encourage software companies to strengthen the comprehensive development of technological development capabilities.

(11) The state encourages and supports software companies and integrated circuit companies to strengthen the integration of industrial resources. For the cross-regional reorganization of mergers and acquisitions by software companies and integrated circuit companies to achieve resource integration and enlargement and strengthening, the relevant departments of the State Council and local people's governments at all levels must actively support and guide the prevention of the establishment of various forms of obstacles.

(12) Through existing funds and policy channels such as venture capital guiding funds, guide social capital to set up venture capital funds to support small and medium-sized software companies and IC companies to start businesses. The qualified local governments may set up equity investment funds or venture capital funds that mainly support the development of software companies and integrated circuit companies in accordance with relevant state regulations, and guide social funds to invest in software and integrated circuit industries. Actively support qualified software companies and integrated circuit companies to raise funds through various means such as issuing stocks and bonds, and expand direct financing channels.

(13) Support and guide local governments to establish a loan risk compensation mechanism, improve the registration system for intellectual property rights pledges, and actively promote the use of intellectual property and other intangible assets for loans by software companies and integrated circuit companies. Give full play to the role of financing guarantee agencies and financing guarantee subsidies, and actively provide various types of loan guarantee services for small and medium-sized software companies and integrated circuit companies.

(14) Policy-based financial institutions may give priority support to software and integrated circuit projects that meet the scope and conditions of major national science and technology projects within the approved business scope.

(15) Commercial financial institutions should further improve financial services, actively innovate credit varieties suitable for the development of the software industry and the integrated circuit industry, and provide financing support for qualified software companies and integrated circuit companies.

Third, research and development policies (XVI) make full use of multiple funding channels to further increase support for technological innovation. We will give play to the guiding role of major national science and technology projects, vigorously support the research and development of major key technologies in software and integrated circuits, strive to achieve an overall breakthrough in key technologies, and accelerate the industrialization and application of proprietary intellectual property technologies. Focusing on the goal of cultivating strategic emerging industries, we will focus on supporting basic software, high-end software for the next generation of information networks, industrial software, digital content-related software, high-end chips, integrated circuit equipment and process technology, key integrated circuit materials, and key applications. System development and the development of important technical standards. The departments such as the Ministry of Science and Technology, the Development and Reform Commission, the Ministry of Finance, and the Ministry of Industry and Information Technology must do a good job in organizing and implementing special projects.

(17) Promotion of national key laboratories, national engineering laboratories, national engineering centers, and enterprise technologies in areas such as basic software, high-performance computing and general-purpose computing platforms, integrated circuit process R&D, key materials, key application software, and chip design. In the construction of the center, relevant departments should prioritize R&D projects. Encourage software companies and integrated circuit companies to establish a strategic alliance of industrial technology innovation that combines production, education and research, and promote the coordinated development of the industrial chain.

(18) Encourage software companies to vigorously develop software testing and evaluation technologies, improve relevant standards, enhance software research and development capabilities, improve software quality, strengthen brand building, and enhance product competitiveness.

Fourth, the import and export policy (19) The software companies and integrated circuit design companies need to temporarily import their own equipment (including the development of test equipment, hardware and software environment, prototypes and components, components, etc.), confirmed by the city and commerce authorities Can apply to the Customs for the supervision of temporary entry of goods, and its import taxes shall be implemented in accordance with the existing regulations. For qualified software companies and integrated circuit companies, the quality inspection department can provide advance booking and inspection services, and the customs can provide advance booking and customs clearance services in accordance with the requirements of the enterprises.

(20) For software export contracts signed by software companies and companies with high foreign investment ratings, policy-based financial institutions may provide financing and insurance support within the approved business scope in accordance with the principle of independent review of credit and risk control.

(21) Supporting enterprises to “go global” to establish overseas marketing networks and R&D centers, and promote the export of integrated circuits, software, and information services. Vigorously develop international service outsourcing business. The Ministry of Commerce shall establish long-term cooperation mechanisms with relevant departments and key countries and regions, and adopt comprehensive measures to create conditions for enterprises to expand into emerging markets.

V. Talent Policy (22) Accelerate the improvement of options, technology shares, equity, dividends and other forms of incentives, and give full play to the enthusiasm and creativity of R&D personnel and managers. People's governments at various levels may give awards to outstanding software and integrated circuit personnel who have made outstanding contributions. For the software and integrated circuit talents introduced by the government’s approved industrial bases (parks), colleges and universities’ software schools, and microelectronics schools, priority shall be given to the placement of their own and their spouses and minor children in their locations. Strengthen the management of the talent market and actively provide services for software companies and IC companies to recruit talents.

(23) Colleges and universities should further deepen reforms, strengthen the construction of software engineering and microelectronics, and closely adjust the curriculum settings, teaching plans, and teaching methods in accordance with the needs of industrial development, and strive to cultivate international, complex, and practical talents. Strengthen the construction of software engineering and microelectronics teachers, teaching laboratories, and practice training bases. The Ministry of Education should work together with relevant departments to strengthen supervision and guidance.

(24) Encourage qualified universities to establish microelectronics colleges by means of joint education with integrated circuit companies, etc. The approved microelectronics colleges that can be established can enjoy the relevant policies of the demonstration software colleges. Support the establishment of a comprehensive training and practice base for the combination of schools and enterprises, and support the demonstration of software schools and microelectronics colleges in cooperation with internationally renowned universities and multinational companies, the introduction of foreign teachers and high-quality resources, and joint training of software and IC talents.

(25) In accordance with the relevant requirements for the introduction of overseas high-level talents, the introduction of overseas high-level talents in software and ICs will be accelerated and related policies will be implemented. We will formulate an annual plan for the implementation of software and integrated circuit talents introduction and training abroad, run an international training base for national software and IC talents, and actively open up foreign training channels.

6. Intellectual Property Policy (26) Encourage software companies to register copyrights. Supporting software and integrated circuit companies to apply for intellectual property abroad in accordance with the law, in line with relevant regulations, may apply for financial support. We will increase policy support and vigorously develop the intellectual property service industry.

(27) Strictly implement the system of intellectual property protection for software and integrated circuits and crack down on all types of infringements according to law. Increase the protection of software copyrights and exclusive rights of layout design of integrated circuits under the network environment, actively develop and apply copyright protection technologies for genuine software networks, and effectively protect intellectual property rights of software and integrated circuits.

(28) Further promote the work of copyrighted software and explore and establish a long-term mechanism. Pre-installed software for computers (mainframe computers, servers, minicomputers, and laptops) that are sold within China must be genuine software, and computers that are not pre-installed with non-genuine software must not be put on the market. We will fully implement the policies and measures for the use of genuine software by government agencies, incorporate software acquisition funds into the fiscal budget, implement centralized government procurement of general software, and strengthen the management of software assets. Vigorously guide enterprises and the public to use genuine software.

VII. Market Policy (29) Actively guide enterprises to outsource information technology R&D and application business to professional enterprises. Encourage government agencies to contract general services in e-government construction and data processing to professional software and information service companies by purchasing services. Relevant departments should step up the establishment and improvement of corresponding security review and secrecy management regulations. Encourage large and medium-sized enterprises to spin off their information technology R&D and application business organizations, establish professional software and information service companies, and provide services for the entire industry and the whole society.

(30) To further standardize the market order of software and integrated circuits, strengthen anti-monopoly work, and crack down on all kinds of misuse of intellectual property rights, restrict competition and abuse of market dominance to engage in unfair competition, fully play the role of industry associations, and create good Industrial development environment. Accelerate the formulation of relevant technologies and service standards, promote fair competition in the software market, and safeguard the legitimate rights and interests of consumers.

(31) Improve consumer privacy and corporate secret protection systems under the network environment, and promote the development of software and information service networks. Gradually promote software products that meet security requirements at all levels of government agencies and institutions.

VIII. Implementation of the Policy (32) All eligible software companies and integrated circuit companies established within the territory of China may enjoy this policy regardless of the nature of ownership.

(33) To continue to implement the explicit policy of the document issued by the State Council on the 18th issue, if the relevant policy is inconsistent with this policy, this policy shall prevail. This policy is explained by the Development and Reform Commission together with the Ministry of Finance, the State Administration of Taxation, the Ministry of Industry and Information Technology, the Ministry of Commerce and the General Administration of Customs.

(34) This policy shall be implemented as of the date of release.

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