Order of the Ministry of Public Security of the People’s Republic of China
No.51
The measures for the administration of computer virus prevention and control have been adopted at the executive meeting of the Minister of Public Security on March 30, 2000, and are hereby promulgated.
Minister of Public Security Jia Chunwang
April 26th, 2000
Measures for the administration of computer virus prevention and control
Article 1 In order to strengthen the prevention and control of computer viruses, protect the security of computer information systems, and ensure the application and development of computers, these Measures are formulated in accordance with the Regulations of People’s Republic of China (PRC) on the Security Protection of Computer Information Systems.
Article 2 The term "computer virus" as mentioned in these Measures refers to a set of computer instructions or program codes that are compiled or inserted into computer programs, destroy computer functions or data, affect the use of computers, and can replicate themselves.
Article 3 These Measures shall apply to the prevention and control of computer viruses in computer information systems and computers not connected to the Internet in People’s Republic of China (PRC).
Article 4 The public information network security supervision department of the Ministry of Public Security is in charge of the prevention and control of computer viruses throughout the country.
Local public security organs at all levels are specifically responsible for the prevention and control of computer viruses within their respective administrative areas.
Article 5 No unit or individual may produce computer viruses.
Article 6 No unit or individual may commit any of the following acts of spreading computer viruses:
(1) intentionally importing computer viruses, endangering the security of computer information systems;
(2) Providing files, software and media containing computer viruses to others;
(3) Selling, renting or giving away media containing computer viruses;
(four) other acts of spreading computer viruses.
Article 7 No unit or individual may publish a false computer virus epidemic to the society.
Article 8 Units engaged in the production of computer virus prevention products shall submit virus samples to the computer virus prevention product testing institutions approved by the public information network safety supervision department of the Ministry of Public Security in a timely manner.
Ninth computer virus prevention and control products testing institutions shall timely analyze and confirm the submitted virus samples, and report the confirmation results to the public information network security supervision department of the Ministry of Public Security.
Article 10 The identification of computer viruses shall be undertaken by the institutions approved by the public information network security supervision department of the Ministry of Public Security.
Eleventh units using computer information systems shall perform the following duties in the prevention and control of computer viruses:
(a) the establishment of the unit’s computer virus prevention and control management system;
(two) to take computer virus security technology prevention and control measures;
(three) to educate and train the users of the computer information system of the unit on computer virus prevention;
(four) timely detection and removal of computer viruses in computer information systems, and keep records of detection and removal;
(five) the use of computer virus prevention products with a sales license for computer information system security products;
(six) to report to the public security organ in a timely manner the major accidents caused by computer viruses, such as the paralysis of computer information systems and the serious destruction of programs and data, and to protect the scene.
Article 12 Any unit or individual shall conduct computer virus detection when downloading programs and data from computer information networks or purchasing, maintaining or borrowing computer equipment.
Thirteenth any unit or individual sales, complimentary computer virus prevention products, should have a sales license for computer information system security products, and labeled "sales license".
Fourteenth units and individuals engaged in the production, sale, lease and maintenance of computer equipment or media shall carry out computer virus detection and removal work on computer equipment or media, and keep records of detection and removal.
Fifteenth any unit or individual shall accept the supervision, inspection and guidance of the public security organs on the prevention and control of computer viruses.
Sixteenth in non-business activities in violation of the provisions of article fifth, article sixth, second, third and fourth acts, the public security organs shall impose a fine of one thousand yuan.
In business activities, if there is any violation of the provisions of Article 5 and Article 6, paragraphs 2, 3 and 4, and there is no illegal income, the public security organ shall impose a fine of not more than 10,000 yuan on the unit and a fine of not more than 5,000 yuan on the individual; If there is illegal income, a fine of less than three times the illegal income shall be imposed, but the maximum amount shall not exceed 30 thousand yuan.
In violation of the provisions of the first paragraph of Article 6 of these Measures, it shall be punished in accordance with the provisions of Article 23 of the Regulations on the Security Protection of Computer Information Systems in People’s Republic of China (PRC).
Seventeenth in violation of the provisions of Article 7 and Article 8 of these measures, the public security organ shall impose a fine of not more than 1,000 yuan on the unit, and impose a fine of not more than 500 yuan on the person in charge and the person directly responsible; Impose a fine of not more than 500 yuan on individuals.
Eighteenth in violation of the provisions of article ninth of these measures, the public security organ shall give a warning and order it to make corrections within a time limit; If no correction is made within the time limit, the testing qualification of the testing institution for computer virus prevention and control products shall be cancelled.
Nineteenth computer information system users have one of the following acts, by the public security organs shall be given a warning and ordered to make corrections within a time limit according to the situation; If no correction is made within the time limit, a fine of 1,000 yuan shall be imposed on the unit, and a fine of 500 yuan shall be imposed on the person in charge and the person directly responsible:
(a) did not establish the unit computer virus prevention and control management system;
(two) did not take computer virus security technology prevention and control measures;
(3) Failing to educate and train the users of the computer information system of the unit on computer virus prevention;
(4) Failing to detect and eliminate computer viruses in the computer information system in time, thus causing harm to the computer information system;
(5) Failing to use the computer virus prevention products with the sales license for special products for computer information system security, thus causing harm to the computer information system.
Twentieth in violation of the provisions of article fourteenth of these measures, there is no illegal income, the public security organ shall impose a fine of ten thousand yuan on the unit and a fine of five thousand yuan on the individual; If there is illegal income, a fine of less than three times the illegal income shall be imposed, but the maximum amount shall not exceed 30 thousand yuan.
Twenty-first the term "computer virus epidemic" as mentioned in these Measures refers to the report or forecast of the time, scope, damage characteristics and damage consequences of a certain computer virus.
The term "media" as mentioned in these Measures refers to computer floppy disks, hard disks, magnetic tapes, optical disks, etc.
Article 22 These Measures shall come into force as of the date of promulgation.