Regulations on Administration of Sales of Commercial Cryptographic Products
商用密码产品销售管理规定
Article 1 With a view to strengthening sales administration and regulating sales behaviors of commercial cryptographic products, the Regulations is formulated in accordance with Regulations on Administration of Commercial Cipher Codes.
Article 2 For the purposes of the Regulations, the sales activities of commercial cryptographic products apply.
Article 3 The commercial cryptographic products mentioned in the Regulations refer to products using cryptographic techniques for encipherment protection or safety certification on the information not involving state secrets.
Article 4 The licensing system is implemented for the sales of commercial cryptographic products by the State. “Sales License for Commercial Cryptographic Products” shall be obtained for the sales of commercial cryptographic products.
Any unit or individual cannot sell commercial cryptographic products without permission.
Article 5 The State Cryptography Administration is responsible for the sales administration of commercial cryptographic products throughout the country.
The cryptography administration organizations of the provinces, autonomous regions and municipalities directly under the Central Government shall undertake relevant administrative affairs in accordance with the Regulations.
Article 6 The unit applying for "Sales License for Commercial Cryptographic Products" shall be provided with the following conditions:
(I) independent legal person qualification;
(II) personnel familiar with the knowledge of commercial cryptographic products and undertaking after-sales service; corresponding financial guarantee;
(III) sound sales service and security and confidentiality management system;
(IV) other conditions specified in laws and administrative regulations.
Article 7 Upon application for "Sales License for Commercial Cryptographic Products", the following materials shall be submitted to the cryptography administration organization of local provinces, autonomous regions and municipalities directly under the Central Government:
(I) "Application of Sales License for Commercial Cryptographic Products";
(II) Business License for Enterprise Legal Person and Tax Registration Certificate (copies);
(III) materials proving that conditions listed in Items (II), (III) and (IV) in Article 6 of the Regulations are met.
Article 8 Where the materials submitted by the applicant unit are complete and in conformity with the prescribed form, the cryptography administration organizations of the provinces, autonomous regions and municipalities directly under the Central Government shall accept and issue “Acceptance Notification”; if the application materials are incomplete or do not conform to the prescribed form, the cryptography administration organization of the province, autonomous region and municipality directly under the Central Government shall inform all contents to be corrected on the spot or within 5 workdays. If not accepted, a written notice shall be given and reason be explained.
The cryptography administration organizations of provinces, autonomous regions and municipalities directly under the Central Government shall complete the preliminary examination within 5 workdays from the date of accepting the application, and submit the preliminary examination opinions and all application materials to the State Cryptography Administration.
The State Cryptography Administration shall make decide whether to approve the application within 20 workdays from the date of accepting the application.
The State Cryptography Administration may conduct an on-the-spot inspection of the applicant unit if it deems it necessary. The time required for investigation is not counted in the time limit specified in the Regulations.
