China -  Chinese law firm

Beijing Informatization Advancement Regulations, issued by Standing Committee of the Beijing Municipal People’s Congress on September 14, 2007 and will become effective on December 1, 2007

1. What is the main objective of the Regulations?

The Regulations govern the informatization of construction projects, development and use of information sources, promotion and application of information technology, information protection and security as well as other related activities in Beijing.

2. What are the requirements provided in the Regulations with regard to the undertaking of informatization advancement projects?

The “Regulations” firmly require that projects of informatization advancement involving invitations to bid, to follow the relevant procedures in accordance with the law. Units engaging in informatization advancement projects should obtain the necessary quality recognition in accordance with the law where it is specified by the relevant national regulations. Units without the required quality recognition shall not themselves or in the names of other units undertake informatization advancement projects in corresponding areas. Units that have already obtained quality recognition shall concentrate on their specialized areas and shall not undertake informatization advancement projects outside the areas of their quality recognition.

Construction units using state funds in their informatization advancement projects should pass the relevant assessment conducted by competent informatization advancement departments before applying for approval from the Development and Reform Department or other relevant departments. Construction units using state funds to carry out redevelopment, extension and maintenance projects in the field of informatization advancement should pass the relevant assessment conducted by competent informatization advancement departments before applying for approval of expenses from the finance department.

Construction units should administer assessments as to the degree of completion of informatization advancement projects. Informatization advancement projects that have not undergone any assessment or failed the assessment shall not come into use. Construction units using state funds in their projects of informatization advancement should invite informatization advancement and other competent departments to participate in the assessment.

The “Regulations” also specify that the City of Beijing shall adopt a system of quality maintenance with regard to informatization advancement projects. Units that undertake such projects should be responsible for the maintenance. The maintenance period for projects that use state funds shall not be shorter than two years from the date of satisfaction of the assessment of completion. Only legally authorized software should be used for such projects. The use of local informational technology products is encouraged.

3.  What are the requirements provided in the Regulations with regard to government and legally authorized organizations having the capacity to administer public affairs?

State authorities of Beijing and legally authorized organizations having the capacity to administer public affairs should accept requests for information disclosure and establish relevant management mechanisms. They should provide services with regard to information publicizing. Units providing public facilities such as educational, medical and health services, water supply, fuels, public transportation and environmental protection should publicize information such as their service pledges, charging standards and procedures for the provision of their services through the internet or other means. They should also gradually informatize their work.

RSS Feeds