Administrative Measures for Putting on Record Non-profit Internet Information Services
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(Adopted at the twelfth ministerial meeting of the Ministry of Information Industry, PRC., on January 28, 2005; promulgated herein by Minister Wang Xudong on February 8, 2005, to take effect on March 20, 2005.)
Article 1. These Measures are formulated to regulate the putting on record as well as the administration of putting on record non-profit Internet information services, so as to facilitate the development of the Internet information services industry in accordance with the "Administrative Measures on Internet Information Services," the "Telecommunications Regulations of the People's Republic of China," as well as other related laws and administrative regulations.
Article 2. These Measures apply to the procedures and the administration of the procedures for putting on record non-profit Internet information services. The non-profit Internet information services in the People's Republic of China shall comply with these procedures and the administration of these procedures.
Article 3. The Ministry of Information Industry, PRC (hereinafter referred to as Ministry of Information Industry) shall supervise the nationwide putting on record and the administration of the putting on record of non-profit Internet information services, and the telecommunications administration authorities of the provinces, autonomous regions, and municipalities directly under the central government (hereinafter referred to as the telecommunications administration authorities of the provinces) shall implement the specific administration for the putting on record of non-profit Internet information services.
Those planning to undertake non-profit Internet information services shall go through the filing procedures before the telecommunications administration authorities of the provinces in the locality of their domicile.
Article 4. The principles of openness, fairness, and impartiality shall be honored during the administration of the putting on record of non-profit Internet information services by the telecommunications administration authorities of the provinces and the authorities shall provide convenient, quality, and efficient services for the people.
The providers of non-profit Internet information services shall comply with the related regulations of the country, and subject themselves to supervision by the related administrative authorities.
Article 5. The providers of non-profit Internet information services must go through the filing procedures in accordance with the related laws.
Non-profit Internet information services that have not gone through the respective procedures for going on record shall not be allowed to provide services.
The non-profit Internet information services provided within the PRC referred to in these Measures refer to the non-profit Internet information services provided by websites that can be visited by organizations or individuals within the PRC via an Internet domain name or by websites that can be visited only via an Internet IP address.
Article 6. The telecommunications administration authorities of the provinces, via the administrative filing system of the Ministry of Information Industry, shall undertake the administration of the putting on record by means of the Internet.
Article 7. Those planning to provide non-profit Internet information services shall go through the filing procedures by faithfully completing the registration form for the filing of non-profit Internet information services (hereinafter referred to as the filing registration form) through the administrative filing system of the Ministry of Information Industry.
The Ministry of Information Industry shall adjust and publish the filing registration form in accordance with the actual situation.
Article 8. With respect to those non-profit Internet information services to be provided through access to for-profit Internet services, the procedures for filing, modifying, and nullifying a filing can be commissioned and handled by Internet access service operators, Internet data center operators, and telecommunications operators providing these websites with access service through other means.
Article 9. With respect to those non-profit Internet information services to be provided through access to CERNET, CSTNET, CIETNET, CGWNET, and other Internet services for public welfare, the procedures for filing, modifying, and nullifying a filing can be handled instead by the Internet units for the public welfare that provide these websites with Internet access service.
Article 10. Under no circumstances shall the procedures for filing, modifying, and nullifying a filing be handled instead by Internet access service operators, Internet data center operators, telecommunications operators providing these websites with access service through other means, and Internet units for public welfare (hereinafter referred to as Internet access service providers), providing they knew or should have known that false information was present during the filing by those organizations and individuals planning to undertake non-profit Internet information services.
Article 11. Those planning to undertake Internet information services in such fields as news, publication, education, health care, medicine and medical appliances, culture, broadcasting, and film and television programs, when handling the related procedures for the filing shall submit to the telecommunications administration authorities of the provinces at the place of their domicile the relative documents, if any, showing, the examination and approval by the administrative authorities.
With respect to those planning to undertake electronic bulletin services, when handling the related procedures for the filing, the special materials of the electronic bulletin services shall also be submitted to the telecommunications administration authorities of the provinces at the place of their domicile..
Article 12. Upon receipt of the completed filing materials submitted by the applicants, the telecommunications administration authorities of the provinces shall record and issue an electronic certification as well as a serial number for the filing within 20 work days, before publishing the related filing information in the administrative filing system of the Ministry of Information Industry. Applications for filing that contain incomplete materials shall not be accepted and the applicants shall be notified of the reason for the rejection within 20 work days.
Article 13. When opening their website, the providers of non-profit Internet information services shall mark at the center of the bottom of their homepage their filing serial numbers, under which the website address of the administrative filing system of the Ministry of Information Industry shall be linked to answer public inquiries and examinations.
Article 14. In order to modify the filing during the duration of the validity of the filing, the providers of non-profit Internet information services shall log on to the filing system of the Ministry of Information Industry 30 days in advance to file the procedures for modifications with the original administrative filing authorities.
Article 15. In order to terminate the filing during the duration of the validity of the filing, the providers of non-profit Internet information services shall log on to the filing system of the Ministry of Information Industry to file a recording of the termination procedures with the original administrative filing authorities on the day of the termination of the services.
Article 16. The providers of non-profit Internet information services shall ensure the legality of the content provided therein. Under these Measures the information content provided by the providers of non-profit Internet information services refers to that covered under the Internet domain name or the IP address of the providers.
Article 17. The telecommunications administration authorities of the provinces shall establish administrative mechanisms for credit management, social supervision, and factual investigation to administer the supervision of non-profit Internet information services.
Article 18. The providers of Internet access services shall not provide Internet access services for those organizations and individuals planning to provide non-profit Internet information services without filing.
In the case of the providers of non-profit Internet information service subject to temporary or permanent shutdown of their websites as punishment imposed by the telecommunications administration authorities of the provinces on the one hand, and those organizations and individuals illegally undertaking non-profit Internet information services on the other, the providers of the Internet access services should immediately cease or suspend providing them with Internet access services.
Article 19. The providers of Internet access services shall record the filing information submitted by the providers of non-profit Internet information services, for whom the former have provided access services.
The providers of Internet access services shall undertake the dynamic administration of user information, deposits of records, reports on detrimental information, as well as other administrative work for Internet information safety, in accordance with the related national provisions and shall supervise the users for whom they have provided the access, according to the requirements established by the Ministry of Information Industry as well as by the telecommunications administration authorities of the provinces.
Article 20. The telecommunications administration authorities of the provinces shall undertake annual examinations and verifications of the filings of the non-profit Internet information services.
The telecommunications administration authorities of the provinces shall undertake an annual examination and verification on the Internet through the administrative filing system of the Ministry of Information Industry.
Article 21. The providers of non-profit Internet information services shall go through the procedures of an annual examination and verification by logging on to the administrative filing system of the Ministry of Information Industry at a specified time each year.
Article 22. In the case of violation of Article 5 under the Measures, i.e., the act of providing non-profit Internet information services without going through the filing procedures, the telecommunications administration authorities of the provinces in the place of his or her domicile shall order a correction within a specified period and impose a fine of 10,000 yuan, or shall shut down the website in cases of refusal to make a correction.
Article 23. In the case of violation of Paragraph 1 of Article 7 under the Measures, i.e., the act of providing false filing information, the telecommunications administration authorities of the provinces in the place of his or her domicile shall shut down the website and nullify the corresponding filing.
Article 24. In the case of violation of Article 10, Article 18, or Article 19 under the Measures, the telecommunications administration authorities of the provinces in the place of his or her domicile shall order a correction within a specified period and impose a fine of 10,000 yuan.
Article 25. In the case of violation of Article 13 under the Measures, i.e., the failure to link the web address of the administrative filing system of the Ministry of Information Industry below its filing number, or the failure to place the electronic certification mark in the specified directory on the website, the telecommunications administration authorities of the provinces in the place of his or her domicile shall issue an order of correction within a specified period and impose a fine of between 5,000 and 10,000 yuan.
Article 26. In the case of violation of Article 14 or Article 15 under the Measures, i.e., the failure to go through the procedures of modifying a filing within the stipulated period, or the procedures of nullifying a filing in accordance with the law, the telecommunications administration authorities of the provinces in the place of his or her domicile shall order a correction within a specified period and impose a fine of 10,000 yuan.
Article 27. In the case of violation of related national laws and regulations by the providers of non-profit Internet information services, and its services are legally subject to suspension or termination, the telecommunications administration authorities of the provinces shall temporarily shut down the website, or shut down the website and nullify the filing, in accordance with the written opinion of a department at the same level which is authorized by law or administrative regulation.
Article 28. The telecommunications administration authorities of the provinces in the place of the domicile of the non-profit Internet information services shall, through an announcement in the administrative filing system of the Ministry of Information Industry order a correction within the specified period, or shut down the website in the case of refusal to correct for the following reasons:
(1) The providers of non-profit Internet information services fail to log on to the filing website to submit the annual examination and verification information or ;
(2) State departments of news, education, police, security, culture, broadcasting, film, and television, publication, confidentiality, and so forth legally veto the annual examination and verification information with regard to the area under their respective charge..
Article 29. The Measures shall take effect as of March 20, 2005.
Appendix
Filing registration form for non-profit Internet information services
Name of host unit
Nature of host unit
Effective ID number of host unit
Sponsor(s) or immediate superior unit
Website name
Basic details on the website administrator in charge, such as name, effective ID number, office telephone, mobile phone, and email address.
Mail address of the host unit
Access mode of the website
Place of the server
Website address of the homepage
List of the website's domain names
List of IP addresses
Name of the provider for the website access services
Contents requiring conditional or special examination and approval
Notes:
1. The line for the name of the host unit: fill in the name of the organization if hosted by an organization and that of the individual if it is hosted by an individual.
2. The line for the effective ID number of the host unit: if the website is hosted by an organization, fill in the unit code granted by the relevant authorities, and mark the name of the relevant unit, e.g., if SAIC registration is necessary, the registration number on the business license of the enterprise or non-profit legal person should be filled in, or the number on the advance approval notice of the enterprise name in its stead within the effective period; if the website is hosted by an individual, fill in the number of the effective personal ID (such as ID card number) and mark the name of the authorities that issued such identification.
3. The line for the access mode of the website: fill in the access mode, among others, special line access, web host, or virtual host..
4. The line for the website name, website address of the homepage, list of the website's domain names, and list of IP addresses should be filled in truthfully according to the actual situation. Among these, the line for the website address of the homepage should be filled in with the domain name or IP address of the homepage. For those websites that can only be visited through an IP address, it is unnecessary to fill in the line for the list of the website's domain names.
5. The line for the place of the server should be filled in accordance with the province (province or municipality directly under the control of the central government) or other location where the website server or rented server space is located.
6. The line for the name of the provider of the website access service should be filled in with the name of the Internet access service provider that has signed the service contract..
7. The line for content requiring conditional or special examination and approval: if the website involves content in the area of news, publication, education, health care, medicine and medical appliances, culture, broadcasting, film and television programs, and so forth that require conditional examination and approval, or involve content such as electronic bulletin services that require special examination and approval, it is necessary to note this on this line..
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