Notice Concerning Further Deepening Internet Cafe Management Work
Ministry of Culture
State Administration of Industry and Commerce
Ministry of Public Security
Ministry of Information Industry
Ministry of Education
Ministry of Finance
Legal System Office
Central Civilization Office
Communist Youth League Centre
(WSF No. (2005)10)
Since , the Party Centre and the State Council decided in February 2004 to launch special work to deal with Internet cafes and other Internet surfing service business venues (hereafter simply named Internet cafes), under the leadership of all local levels’ Party Committees and governments, with the joint efforts of culture, industry and commerce, public security, telecommunications management, education, finance, legal system offices, civilization offices, the Communist Youth League and other departments (work units), this special work has obtained clear achievements, and basically realized the expected goals. Through special campaigns, the total quantity of Internet cafes was controlled, structures were adjusted, black Internet cafés, Internet cafés admitting minors as well as dissemination harmful information and other unlawful business activities were dealt with, the progressive establishment long-term Internet café management mechanisms was begun. But we must soberly understand that, at present, the campaign’s achievements are only one phase, and we cannot overly assess these achievements, with the slightest loosening, the problems may rebound
The Party Centre and the State Council give high regard to Internet café management work, and have made important instructions concerning deepening Internet café management work and building long-term Internet café management mechanisms. In order to consolidate the achievements of the special Internet café campaign and further deepen Internet café management work, the following is notified:
I, Raising ideological understanding, adjusting and substantiating organizational leadership systems
Performing Internet café management work relates to the healthy growing up of minors, relates to the construction of a Socialist spiritual civilization, and relates to the building of Socialism and a harmonious society. All levels must, with the important “Three Represents” thought as guidance, and from the height of building the Party to serve the people and governing for the people, consciously implement the scientific development view, fully understand the importance, complexity, enormity and long-term nature of deepening Internet café management work, make deepening Internet café management work into a large matter of safeguarding the direct interests of the broad popular masses and protecting minors’ healthy growing up, and realistically grasp it closely and well.
The nationwide special Internet café campaign work coordination small group has already been restructured into the nationwide Internet café management work coordination small group, all levels’ Internet café special campaign work (leading) small groups or joint conferences are to be correspondingly restructured into Internet café management work coordination (leading) small group or joint conferences, achieve that ideology is not loose, organs are not removed, and norms do not change. We must deeply implement the spirit of the “State Council Secretariat Notice on Transferring the Ministry of Culture and Other Departments’ Opinions concerning Launching a Special Campaign on Internet Cafés and other Internet Surfing Business Venues” (GBF No. (2004)19) and the Ministry of Culture and other departments’ “Opinions Concerning Further Deepening Special Internet Café Special Campaign Work” (WSF No. (2004)38), continue to preserve the original work systems and work mechanism, substantiate and strengthen administrative cultural law enforcement teams, strive to build long-term Internet café management mechanisms integrating division of work and responsibility by joint action and management, horizontal and vertical integration with giving place to localities, daily patrols with technological supervision and management, macro-level control and market mechanism, sector self-discipline and social supervision.
Internet café management work is an important aspect of the government implementing market supervision and management and social management function, all levels’ finance departments must guarantee that the daily funding required for Internet café management, and must bring the necessary funds required for Internet café management and computer supervision and management system construction funds are brought into all levels’ financial budgets.
II, Implementing localized management systems
Performing Internet café management work is an important duty for all localities’ and all levels’ Peoples governments, we must implement horizontal and vertical integration, with localization in the first place, clarify the work duties of grass-roots political power in Internet café management, fully muster the vigour of city districts, neighbourhoods, communities (neighbourhood committees_ and rural counties, towns and village committees, guaranteeing that work measures are implemented down to the grass roots. We must bring Internet cafés and other cultural market management into all levels’ governments’ work systems to implement the scientific development view and construct a harmonious society, bring them into civilized city, civilized community, civilized town, civilized sector and civilized work unit assessment and evaluation systems, and bring them into comprehensive social order governance assessment and evaluation systems.
At present, we must especially understand the importance of strengthening rural Internet café management from the height of comprehensively planning town and country development, strive to move down supervision and management centres, fully give rein to the leading and coordinating function of People’s Governments in rural Internet café management. We must give rein to the function of grass-roots industry and commerce offices, police stations and culture stations to vigorously establish town and village specialized cultural inspection teams, give rein to the function of town and village specialized cultural inspection teams in aspects such as patrol, evidence gathering, etc., and adopt many kinds of methods to extend the “arm” of the law.
All localities must establish and complete responsibility investigation systems, and where problems emerge that cannot be solved for a long time, creating grave consequences, the responsibility of the relevant responsible person must be investigated. The nationwide Internet café management work coordination small group strengthens inspection and supervision over all localities’ work, higher levels must strengthen supervision and inspection over lower levels’ work, one level must grasp one level, and all levels grasp implementation.
III, Strengthening administrative law enforcement, perfecting daily management.
Strictly enforcing the law is the core and key of the complete Internet café supervision work. We must substantiate law enforcement subjects, complete management systems, straiten law enforcement activities and implement responsibility investigation. Information reporting between culture, industry and commerce, public security, telecommunications management and other departments must be strengthened, examination and approval, investigation and prosecution, banning and other segments’ work procedures must be standardized.
Administrative culture departments must persist in strictly punishing Internet cafés that admit minors. All levels’ administrative culture departments must formulate minimum standards for daily inspection frequency of Internet cafés in their localities, including the provisions concerning the frequency of inspecting every Internet café and the frequency of weekly (monthly) inspection of Internet cafés in their jurisdictions. We must establish on-the-sport inspection recording systems, law enforcement personnel must, strictly according to regulations, after conclusion of every inspection rounds, formulate an on-the-sport inspection record, inspectors and the inspected persons must sign the records, and guarantee the implementation of daily inspection responsibilities. Cessation for rectification must be ordered to Internet cafés having admitted minors two times or admitted three minors or more (including three) at one time, and the period may not be less than 15 days; the “Network Cultural Business Permit” must be firmly revoked of those having admitted minors three times or having admitted eight minors or more (including eight minors) at any one time or that admit minors outside of stipulated business hours, and their Internet access service cut off. Provincial, autonomous region and municipal administrative culture departments may formulate quantitative guiding opinions concerning fine values for Internet cafés with unlawful business activities.
Administrative industry and commerce management departments must expand strength to ban black Internet cafés, firmly strike black Internet cafés when they appear, and firmly do not leave dead angles behind. They must “look back” at already banned black Internet cafés, and prevent their resurgence. Telecommunications management organs must, on the basis of a list of names of those having set up Internet cafés without authorization and their Internet access service providers provided by culture, industry and commerce or public security departments, and a name list of Internet cafés of which the “Network Culture Business Permit” was cancelled or that are subject to cessation for rectification and their Internet access service providers, notify and supervise that Internet access service providers immediately terminate or provisionally suspend access services, and telecommunications management organs punish those not terminating or provisionally suspending service in excess of the time period according to relevant laws and regulations.
Administrative education departments and higher education institutes must earnestly implement the requirements of the “Ministry of Education and Communist Youth League Centre Opinions concerning Further Strengthening Higher Education Campus Network Management Work” (JSZ No. (2004)17), realistically strengthen management over higher education institutes’ surfing venues. Industry and commerce and other departments must inspect, prosecute and ban those utilizing school network classrooms, computer rooms and library electronic reading rooms and other venues to covertly operate Internet cafés, this sort of facility may not be rented out, or contracted for covert use as an Internet café, education and culture departments must investigate the responsibility of violators’ controlling work units. Industry and commerce and other departments must investigate, prosecute and ban those utilizing computer training, labour and professional ability training organ and other names to covertly operate Internet cafés.
Culture and public security departments must further implement Internet café business management technology measures and security technology measures, guarantee the on-line rate of Internet café and computer terminals. Acts of unauthorized cessation, discharge or interference with Internet café business management technology measures and security technology measures must be investigated and prosecuted according to the law. All levels’ culture and public security organs must support each other in installing and utilizing Internet café supervision and management technology measures and strengthen coordination. Administrative culture departments must fully give rein to the function of Internet café business management technology, timely perfect and upgrade management software functions, on the basis of investigation and prosecution name lists printed and issued by the Ministry of culture, effectively stop unlawful network games and other Internet cultural products. Public security organs must further perfect and upgrade Internet café security management software functions, realize Internet café security management software provincial-level linkages, strengthen supervision and management over Internet café information security, fire security and public order security, and eliminate hidden security dangers.
Culture and public security departments must supervise Internet cafés’ implementation of entry registration systems, strengthen Internet café business work units’ verification and registration obligations concerning identity cards and other valid identification, realistically give rein to the function of this measure in preventing minors from entering Internet cafés and attacking and guarding against unlawful and criminal network activities. Those not conducting verification and registration according to regulations or practicing fraud in registration must be investigated and prosecuted according to the law. According to the relevant provisions of the “Minors’ Protection Law”, differentiation of minors will be indicated by whether or not they have reached 18 years old as indicated on their identity card.
We must persist in administration according to the law, enforcing the law in a civilized manner, protect lawful business and attack unlawful business. Administrative culture departments must establish daily Internet café management files, regularly announce the results of daily supervision and inspection work in Internet cafés, to arouse social supervision; and regularly report the situation of Internet cafés’ abiding by the law to that regions Internet café management work units, to arouse the mutual supervision of Internet café business work units.
IV, Performing quantitative planning, straitening market access
We must appropriately deal with the relationship between macro-level control and market mechanisms, persist in examining an approving rather strictly, and strictly guard the market access pass. According to the relevant provisions of Article 8 of the “Internet Surfing Service Business Venue Management Rules”, provincial, autonomous region and municipal administrative culture departments must, under the leadership local Party Committees and Government, comprehensively analyse the Internet café market situation in their areas, comprehensively consider the economic and social development levels, population structures, market requirements, consumption habits, social reaction and other factors, and timely formulate guiding opinions for Internet café quantity and distribution plans in their locality. County and city administrative culture departments must, according to these scientifically formulate Internet café quantity and distribution plans for their areas, and on the basis of soliciting opinions from all aspects (when necessary, they may organize a hearing) and reporting it to the local people’s government, these may be implemented after overall balancing and the top and bottom levels’ reporting to provincial, autonomous region and municipal administrative culture departments. Provincial, autonomous region and municipal administrative culture departments must, before July 2005, report the Internet café quantity and distribution plan to the Ministry of Culture for filing and send a copy to the same level’s industry and commerce department, etc. The Ministry of Culture authorizes provincial, autonomous region and municipal administrative culture departments to, on the basis of the relevant provisions of the Ministry of Culture “Notice Concerning Implementing the “Internet Surfing Service Business Venue Management Regulations” (WSF No. (2002)46), make provisions concerning the minimum surface, computer quantity, surface per computer in newly-established Internet cafés in their area and report them to the Ministry of Culture for filing.
All local levels’ administrative culture departments must announce the quantity of approved Internet cafés, distribution plans and relevant establishment examination and approval conditions to society, according to the provisions of the “Administrative Licensing Law”, the “Internet Surfing Service Business Venue Management Regulations” as well as regulations of the Ministry of Culture and other departments, conduct Internet café administrative permission. They must propagate Internet café market access policies to investors, strengthen policy information guidance, avoid and restrain blind investment into Internet cafés. Administrative industry and commerce management departments, based on the Internet surfing service “Network Culture Business Permit” issued by the administrative culture departments, conduct business registration formalities for Internet café business work units. Administrative industry and commerce management departments shall conduct Internet café business licensing with then enterprise organization form (including individual independent enterprise, partner enterprise) and may not conduct Internet café business licensing as an individual entrepreneur.
V, Promoting Internet café chains, optimizing market structuring
We must strive to adjust and optimize Internet café market structures, fully utilize market mechanisms to transform and upgrade existing Internet café enterprises, guide Internet cafés to develop healthily in the direction to upscale, form chains, topicalize, and become branded. We must strengthen policy guidance, eliminate local protection, encourage and support Internet café chain business enterprise purchasing, mergers, uniting, reorganizing, share participation and share control of existing Internet cafés, culture, industry and commerce, public security and other departments are to handle certification and registration modification formalities for them. We must vigorously guide Internet café chain business enterprises to raise business management levels, strengthen enterprise culture construction, expand service content, and provide rich and varied, healthy and beneficial derived cultural products and value added service programmes to surfing consumers, and give rein to their demonstration and driving function within the industry.
Provincial, autonomous region and municipal administrative culture departments must regularly make statistics of the law-abiding business situation of Internet café chain business enterprise stores in their areas, and according to the provisions of Article 8 of the Ministry of Culture “Notice Concerning Strengthening Internet Surfing Service Business Venue Chain Business Management” (WSF No. (2003)15), strengthen supervision and management over Internet café chain business enterprises, and they must timely gather the nationwide Internet café chain business enterprise stores’ unlawful business situations and report them to the Ministry of Culture. All levels’ administrative departments must supervise chain Internet café stores to launch operations according to the requirements of chain operation, and persist in putting an end to false chain phenomena.
VI, Strengthening social supervision, moving sector self-discipline forward
We must complete cultural market reporting work systems, regularly announce the reporting phone line and reporting mailbox to society, and earnestly handle reports from the masses. Establishing and perfecting reporting reward system rewards to encourage reports from the masses. Reporting reward expenses are to be resolved by local finance departments. We must consolidate already established Internet café social supervision teams, implement dynamic management over social supervision persons, to guarantee supervision effects. Localities meeting conditions are to achieve that every school, every community and every village has one social supervision person, in order to timely discover black Internet cafés and unlawful Internet café business activities.
Administrative culture departments must strengthen guidance over Internet café sector associations, and fully give rein to the function of sector associations, strengthen self-management and supervision, strive to realize sector self-discipline. At the same time, strengthening positive propaganda, correctly guiding public opinion, forcefully moving Internet café sector civilization construction activities forward, raising management and service levels, trying hard to mould civilized and healthy network sector images.
VII, Combining dredging and blocking, guiding minors to surf in a civilized manner
Administrative education departments, schools and Communist Youth League organizations must, on the basis of the physiological and psychological characteristics of minors, launch many kinds and forms of propaganda and education activities, guide minors to strengthen a consciousness of self-protection and strengthen self-management. We must strengthen the educational guardian responsibility of schools and households, and we must especially strengthen a sense of responsibility of household heads to become “the first responsible person” for the guardianship of minors. Administrative education departments and schools must guide teachers, and the guardians of minors to effectively prevent and correct harmful actions by minors. We must raise mental health consciousness, and must vigorously conduct psychological correcting of minors addicted to the network. Guardians of minors that violate the “Minors’ Protection Law”, the “Law to Prevent Crimes by Minors” or do not implement their guardian duties are to be admonished and subject to strict discipline by public security organs,
We must fully excavate network resources to open up to minors, closely grasp and implement school computer network resources and open them up to students, and establish, complete and perfect management systems to guarantee students’ safe surfing. We must strengthen education of secondary and primary students’ network activity norms, foster desirable surfing habits, and guide them to surf in a civilized manner. Vigorously exploring and constructing non-commercial Internet surfing venues and opening them up to minors. All localities may transfer computer equipment confiscated as unlawful goods from Internet cafés to poor regions’ secondary and primary schools for use as teaching equipment, concrete rules are formulated by provincial, autonomous region and municipal financial, industry and commerce and education departments.
All localities are requested to summarize the experiences of Internet café management work, and at the same time as earnestly implementing the “Internet Surfing Service Business Venue Management”, conduct complete analysis and research concerning problems existing in implementation; please timely reflect opinions and suggestions concerning relevant legislative, taxation and other problems to the State Council legal system office, Ministry of Culture, Ministry of Finance and other departments and ask for instructions.
It is hereby notified.
12 April 2005
文化部 国家工商行政管理总局 公安部
信息产业部 教育部 财政部 国务院
法制办公室 中央文明办 共青团中央