Confidential qualification refers to the legal qualification that the secrecy administrative department permits enterprises and institutions to engage in the integration business of confidential information systems. Article 3 These Measures shall apply to the application, acceptance, examination, decision, use, supervision and management of intensive qualifications. Article 4 Enterprises and institutions engaged in intensive operation shall obtain the qualification of intensive operation in accordance with these Measures.
State organs and units involving state secrets (hereinafter referred to as organs and units) shall choose units with classified business qualifications (hereinafter referred to as qualified units) to undertake classified business. Fifth intensive management qualification management should follow the principles of management according to law, security, scientific development, fairness and justice. Article 6 The national secrecy administrative department shall be in charge of the management of secrecy qualification throughout the country, and the provincial secrecy administrative department shall be in charge of the management of secrecy qualification within its own administrative region.
The secrecy administrative department at or above the provincial level may, according to the needs of the work, entrust the secrecy administrative department at the next lower level to carry out the examination, or organize an organization to assist in the work. Article 7 The secrecy administrative departments at or above the provincial level shall designate specialized agencies to undertake the daily work of the management of confidentiality qualifications. Article 8 The secrecy administrative department at or above the provincial level shall establish an expert database of secrecy qualification examination, and organize warehousing examination, training and assessment. Ninth the implementation of intensive qualification license does not charge any fees, and the required funds are included in the fiscal budget at the same level. Chapter II Grades and Conditions Article 10 Intensive qualifications are divided into Grade A and Grade B. ..
Conditional units can engage in top secret, confidential and confidential-intensive business; Grade-B qualified units can engage in classified and classified-intensive businesses. Article 11 The qualification of classified business includes overall integration, system consultation, software development, safety monitoring, shielding room construction, operation and maintenance, data recovery, engineering supervision and other classified business permitted by the state secrecy administrative department. Those who have obtained the license of general integration business category can engage in software development, security monitoring and operation and maintenance of the built system in addition to system integration business.
The qualification unit shall undertake intensive business within the scope of business permitted by the secrecy administrative department. Those who undertake confidential system consulting and engineering supervision business shall not undertake other intensive consulting and supervision business. Article 12 An applicant shall meet the following basic conditions:
(a) a legal person established in People's Republic of China (PRC) for more than three years according to law;
(2) He has no criminal record in the last three years, and his confidentiality qualification (qualification) has not been revoked, and his legal representative, principal responsible person and actual controller have not been included in the list of untrustworthy persons;
(3) The legal representative, principal responsible person, actual controller, directors (supervisors), senior managers and personnel engaged in intensive management have China nationality, have no permanent residence or long-term residence permit abroad, and have no marriage relationship with overseas personnel, unless otherwise stipulated by the state;
(4) Having the professional ability to engage in intensive business;
(5) Other conditions stipulated by laws, administrative regulations and the state secrecy administrative department. Article 13 An applicant shall meet the following confidentiality requirements:
(a) there are specialized agencies or personnel responsible for confidentiality;
(2) The confidentiality system is perfect;
(3) Personnel engaged in intensive business have received confidentiality education and training, and have the necessary confidentiality knowledge and skills;
(4) The premises, facilities and equipment for intensive operation conform to the national confidentiality provisions and standards;
(five) there are special funds for confidential work;
(6) Other confidentiality conditions stipulated by laws, administrative regulations and the state secrecy administrative department. Article 14 An applicant shall not have direct investment from foreign investors, and the proportion of indirect investment from foreign investors to the applicant shall not exceed 20%. The actual controller of the applicant and its shareholders shall not be a foreign investor, and the proportion of foreign investors' capital contribution in the applicant's parent company shall not exceed 20% in the end.
To apply for qualification and the qualification is valid, the listed companies of the New Third Board shall also meet the following conditions:
(1) The proportion of shares participating in listed transactions shall not be higher than 30% of the total share capital.
(2) The actual controller keeps the control position unchanged during the application period and the validity period of qualification. Fifteenth the applicant shall establish and improve the internal management and information disclosure system, without the approval of the relevant competent departments of the State Council or the provincial people's government, foreign investors shall not contact or know the state secret information. Article 16 Applicants applying for intensive business qualifications of different grades and business types shall meet the specific requirements of intensive business qualifications.