Ministry of Information Industry Notification concerning the Issuance of the “Detailed Rules on Internet Site Management Work”
XBD No 501
25 October 2005
All provincial, autonomous region and municipal telecommunications management bureaus, all Internet access service providers, all Internet information service providers, all IP address filing work units, all domain name registration service organs:
In order to realistically strengthen Internet site management work, standardize and detail Internet sector management work flows, stimulate the healthy, coordinated and sustainable development of our country’s Internet, and on the basis of relevant State laws, our Ministry has formulated the “Detailed Rules on Internet Site Management Work”, which are hereby promulgated. Please obey and implement them. Please timely report problems encountered during implementation back to our Ministry’s Telecommunications Management Bureau.
Ministry of Information Industry of the People’s Republic of China
25 October 2005
Detailed Rules on Internet Site Management Work
Chapter I: General provisions
Article 1: In order to realistically strengthen Internet site management work, establish long-lasting mechanisms for Internet site management work, standardize and detail internal management workflows for the Internet sector, incessantly raise the completeness and accuracy of basic information databases of Internet information service providers (ICPs), Internet IP addresses, Internet domain name and other such websites, and on the basis of the relevant provisions of the “Internet Information Service Management Regulations”, the “Chinese Internet Domain Name Management Rules”, the “Non-Commercial Internet Information Service Management Rules” and the “Internet IP Address Filing Management Rules”, these Detailed Rules are formulated.
Article 2: Internet site management work persists in the principle of localized management. According to the requirements that “who operates is responsible” and “who accesses is responsible”, relevant technological measures should supplement each other, ensuring the mutual integration of government management, sector self-discipline and social supervision.
Article 3: State and Ministry of Information Industry regulations concerning secrecy preservation shall be strictly obeyed when using or publishing data concerning Internet site management.
Article 4: The subjects that these Detailed Rules involve include: the Ministry of Information Industry, provincial (autonomous region, municipal) telecommunications management bureaus (hereafter simply named “provincial telecommunications management bureaus”), Internet access service providers (hereafter simply named “access providers”), Internet information service providers (hereafter simply named “website operators”), IP address filing work units, domain name registration management organs, domain name registration service organs, etc.
Access providers is the general designation for Internet access service business operators, Internet data centre business operators as well as telecommunications business operators that provide access services to websites through other means.
IP Address filing work units refers to work units that have obtained IP addresses directly from the Asia-Pacific Internet Information Centre and other international organs that have IP address management powers, and work units that allocate IP addresses to other work units or individuals for use.
Chapter II: Duties and responsibilities of corresponding subjects
Article 5: The Ministry of Information Industry carries out supervision, guidance and coordination if ICPs, IP addresses and domain name filing management work and related work nationwide.
(1) Formulating corresponding management regulations on the basis of the needs of Internet site management work.
(2) Guiding, inspecting and supervising telecommunications management bureaus in launching Internet site management work.
(3) Understanding and grasping issues and situations occurring in filing and management work, organizing research and resolution.
(4) Organizing and launching the optimization and perfection of the “Ministry of Information Industry ICP, IP Address and Domain Name Information Filing Management System” (hereafter simply named “Filing and Management System”), and other such work.
(5) Being responsible for entering, supervising and verifying cross-regional commercial Internet information service providers’ IP filing information.
(6) Conducting professional guidance, supervision and inspection of the filing work by domain name registration service organs and corresponding IP address filing work units.
(7) Regularly reporting the situation of filing work progress and timely reporting situations related to websites who have not filed, or of whom the filed information is inaccurate, and other such matters in information filing.
(8) Coordinating ministry-level preliminary examination and approval departments, special content controlling departments, public interest-type Internet site controlling departments and other such corresponding departments in launching Internet site management work.
Article 6: Provincial telecommunications management bureaus are concretely responsible for the management of ICP and IP address information filing in their administrative areas, for investigating and prosecuting websites violating laws and regulations, supervising and managing Internet access service markets, conducting annual examination of websites, and other such work.
(1) Conducting daily examination and verification work of ICP filing information according to the law.
(2) Guiding and supervising the ICP and IP address information filing work of access providers, website operators and IP address filing work units in their administrative areas; strengthening daily work supervision and inspection of their institutional construction, organic structure, database system construction, etc.
(3) Adopting many kinds of methods to realistically strengthen supervision and management of the Internet access service market according to the law, bringing the management situation of access providers concerning websites into the annual examination for the commercial permit, sector style appraisal and other such evaluation work.
(4) Performing investigation and prosecution work of acts violating laws and regulations by access providers, IP address filing work units, website operators, etc., according to the law.
(5) Being responsible for the annual examination work of Internet sites in their administrative areas.
(6) Being responsible for entering, examining and verifying ICP filing information of commercial Internet information service providers in their administrative areas.
(7) Coordinating with preliminary examination and approval departments, special content controlling departments, etc., in their administrative area, in deploying management work of Internet sites.
(8) Vigorously supporting and guiding the Internet Association, the Telecommunications Enterprises Association and other such organizations in cooperating with website management work.
(9) Establishing and completing social supervision channels, publishing reporting telephone (fax) numbers, e-mail boxes and other such reporting methods, broadly listening to and earnestly investigating and prosecuting reports by all walks of society of acts violating laws and regulations by websites providing unauthorized Internet information systems without having filed or filing incorrect information, of access providers providing access services in violation of regulations, etc.
Article 7: Access providers are the subjects that provide Internet access services to website operators. Access providers shall, according to the requirements of “who operates is responsible”, and “who accesses is responsible”, realistically strengthen internal management and management over the Internet sited to which they provide access.
(1) Establishing special posts and special positions, to be responsible for website filing, standardizing websites activities and corresponding management work, a name list of the special posts and special positions is to be reported to the provincial telecommunications management bureau for filing. Where personnel transfers occur, work handover must be timely arranged, a post-transfer personnel name list must be timely reported to the provincial telecommunications management bureau for filing.
(2) Formulating and perfecting access service workflows according to the requirement of “access after filing”, establishing and completing advance examination systems for filing information on behalf of users, real-time supervision system for users’ activities, coordinated ex post investigation and prosecution systems for websites violating laws and regulations, network and information security responsibility systems and other such work systems.
(3) They shall record the filing information of website organs, conduct dynamic examination and verification of filing information of website operators, and guarantee the accuracy and truthfulness of filing information.
(4) Access providers must refuse to provide access services to website operators who have not filed, search for information about websites that have not filed in real time, timely cease [services] and supervise the website operators’ carrying out of filing formalities.
(5) With entrustment of website operators, they shall carry out filing, filing modification, filing cancellation and other such formalities on behalf of website operators according to the law. When they file on [their] behalf, user names, passwords and system prompting information must be timely transmitted to website operators, and website operators must be guided and supervised in downloading and installing electronic certification letters. Under circumstances where it is known or should be known that Internet site operators’ filing information is untrue or inaccurate, it is not permitted to carry out filing, filing modification or filing cancellation formalities on their behalf.
(6) They have management responsibilities over website customers to which they provide direct or indirect access.
(7) They shall establish the necessary professional management systems, to satisfy the requirements of sector controlling departments concerning website management.
(8) Performing user record preservation, harmful information reporting and other such network information security management work.
(9) Coordinating with provincial telecommunications management departments in launching annual website examination work.
(10) Coordinating with provincial telecommunications management departments in investigating and prosecuting websites breaking laws and regulations according to the law.
(11) Consciously accepting supervision and management of provincial telecommunications management bureaus.
Article 8: Website operators shall conduct Internet information service business according to the law.
(1) They shall conduct filing, filing modification and filing cancellation formalities by themselves or entrust access providers to do so.
(2) They shall guarantee the truthfulness and accuracy of filing information content.
(3) After undergoing filing, examination and verification, they shall indicate the filing number in a central position at the bottom of the main page when the website is open, link to the URL of the Ministry of Information Industry “Filing and Management System” under the filing number, and put the electronic certification mark in the indicated position on their websites.
(4) Where change occurs in filing information, they shall timely conduct modification formalities, and install electronic certification again.
(5) Where preliminary examination and approval, or electronic announcement services are involved, they may only provide corresponding content and information after obtaining approval from the preliminary examination and approval department and the specialized examination and approval organ, as well as carrying out corresponding filing formalities.
(6) Website operators shall appropriately preserve user names and passwords, where user names and passwords are lost, they shall submit a written application, and provincial telecommunications management bureaus shall reissue them after authentication.
(7) Performing annual examination work according to the demands of provincial telecommunications management bureaus and corresponding content controlling departments.
(8) They shall consciously accept supervision and management by the Internet sector controlling departments.
Article 9: IP address filing work units concretely undertake IP address information filing work.
(1) IP address filing work units shall report and file IP address information through the “Filing and Management System” according to requirements. Specifically, basic telecommunications operating companies’ IP address information reporting and filing is to be jointly completed by the head office and provincial-level companies, basic telecommunications operating companies’ head offices shall carry out guidance and supervision of their provincial level companies’ IP address information reporting and filing work. Public interest-type Internet management work units are responsible for the uniform completion of reporting and filing of all IP address information used by their websites. IP address information reporting and filing for Internet access service business providers operating cross-regionally is to be completed jointly by all branch organs of the localities where they deploy their business.
(2) IP address filing work units shall guarantee that the IP address information that their reported and filed IP information is complete and accurate.
(3) When IP address filing information is changed, IP address filing work units shall require that the post-change IP address information is submitted to the “Filing and Management System” within five working days after the date of the change.
(4) IP address filing work units shall establish and complete IP address management systems for the entire work unit.
(5) They shall consciously accept supervision and management by the Internet sector controlling department.
Article 10: The China Internet Network Information Centre and corresponding domain name registration service organs concretely undertake domain name information reporting and filling work.
(1) The China Internet Network Information Centre and corresponding domain name registration service organs shall report and file domain name information through the “Filing and Management System” according to requirements. Specifically, the China Internet Network Information Centre is responsible for reporting and filing all .cn and Chinese language domain name registration information; corresponding domain name registration service organs are responsible for reporting and filing all foreign domain name registration information.
(2) The China Internet Network Information Centre and corresponding domain name registration service organs shall guarantee that the domain name registration information they report and file is complete and accurate.
(3) When domain name registration information, the domain name filing contact person and other such information changes, the China Internet Network Information Centre and corresponding domain name registration service organs shall, within five working days of the change, submit the post-change domain name reporting and filing information to the “Filing and Management system.
Chapter III: Corresponding workflows
Article 11: Workflows for access providers providing Internet access to Internet sites:
(1) Website operators put forward an access request to access providers.
(2) Access providers allocate advance IP addresses to website operators.
(3) Website operators carry out filing formalities after obtaining advance IP address allocations (website operators may file on themselves or the access provider may file on their behalf).
1, Where website operators file themselves, website operators notify the access provider that they have successfully filed, after receiving the filing number generated by the “Filing and Management System”, and provide the filing number and filing information together to the access providers, access providers log on to the “Filing and Management System” to verify the said filing information, and may start access services for websites under the precondition that they have verified the truthfulness and correctness of the filing information. If it is discovered that filing information is untrue or inaccurate, access services may not be started, they shall urge the website operator to verify the corresponding information, and only provide access services after filing.
2, Where access providers file on [website operators’] behalf, access providers ay provide access services to websites immediately after the “Filing and Management System” generates a filing number.
Article 12: Workflows for website operators entrusting access providers to carry out ICP filing or filing modification (see picture 1):
(1) Website operators submit corresponding ICP filing information to access providers.
(2) Access providers verify the information submitted by website operators, and input the ICP filing information into the “Filing and Management System”, under the precondition that they have verified that the information is true and accurate; if there is untrue or inaccurate information, access providers require that website operators submit the information again, or supplement corresponding information.
(3) The “Filing and Management System” performs and automatic check of the information that the access provider puts in, where it does not discover problems, it transmits it to the corresponding provincial telecommunications management bureau; where problems exist, it generates a corresponding opinion for the access provider.
(4) Corresponding provincial telecommunications management departments verify the filing information, those conforming to filing conditions are filed; those not conforming to filing conditions are not filed, and the reasons are explained.
(5) Where the “Filing Management System” grants filing, allocates a filing number and generates an electronic filing certification mark (simply named electronic certification mark), it shall at the same time generate an examination and verification opinion for the access provider; where filing is not granted, the “Filing and Management System” will notify the corresponding access provider about the reason for this. It will also notify the corresponding access providers to revise the corresponding information and fill out forms again.
(6) Where filing is granted, access providers will timely return the verification opinion, user name and password to the website operator, and guide website operators in downloading and installing electronic certification letters. Website operators will timely complete follow-up work to download and install the electronic certification letter under the guidance of the access provider, and will preserve the username and password well.
(7) Where filing is not granted, access providers timely notify the website operators to revise corresponding information, fill out forms again or report supplementary information.
Article 13: Workflows for website operators carrying out ICP filing and filing modification processes themselves:
(1) Website operators enter corresponding filing information into the “Filing and Management System”
(2) After the “Filing and Management System” receives the information submitted by website operators, it automatically examines the information, where it does not discover problems, it transmits it to the corresponding provincial telecommunications management bureau; where problems exist, it returns corresponding opinions to the website operator.
(3) Corresponding provincial telecommunications bureaus examine and verify the filing information, those conforming to filing conditions are granted filing; those not conforming to filing conditions are not granted filing, and the reasons are explained.
(4) Where the “Filing and Management System” grants filing, it allocates a filing number and produces an electronic certification letter, at the same time, it returns an examination and verification opinion to the website operator; where filing is not granted, the “Filing and Management System” will return the reasons for not granting filing to the website operator, and notify the website operator to revise the corresponding information, fill out forms again or report supplementary information.
(5) After website operators receive filing numbers and electronic certification letters, they are to timely complete certification letter downloading and installation work.
Article 14: Workflows for ICP filing involving preliminary examination and approval:
(1) Those intending to engage in news, publishing, education, healthcare, medicine, medical treatment, audiovisual programme, network culture and other such Internet information services, must undergo examination and approval by corresponding examination and approval departments.
(2) After website operators undergo preliminary examination and approval, they carry out filing procedures according to the workflows provided in Article 12 or Article 13 of these Detailed Rules, at the same time, they must submit the examination and approval documents of the corresponding examination and approval department to the provincial telecommunications management department of their locality (residence as on ID document or registered residence)
(3) Where website operators have not submitted approval documents within five working days after submitting filing information, filing is not granted.
(4) After completion of filing, provincial telecommunications management bureaus report website filing information to the corresponding provincial-level preliminary examination and approval departments.
Article 15: Work flows for processing IPC filing cancellation:
(1) When website operators cease Internet information services, they shall cancel their filing information. Website operators may directly carry out filing cancellation formalities, it is also permitted that the access provider carries out filing cancellation formalities on their behalf.
(2) Where website operators carry out filing cancellation formalities directly, website operators directly submit filing cancellation applications to the “Filing and Management System”; where access providers carry out filing cancellation formalities on someone else’s behalf, access providers submit an application for website cancellation to the “Filing and Management System”, and at the same time, submit the necessary written entrustment letters of the website operator.
(3) The “Filing and Management System” will transmit the cancellation application to the relevant provincial telecommunications management bureau after it receives the website’ filing cancellation application.
(4) The corresponding provincial telecommunications management bureau verifies [the information] where it conforms to cancellation conditions, it grants cancellation, and returns corresponding opinions to the applicant for cancellation.
(5) Access providers shall timely cease access services to cancelled websites.
Article 16: Workflows for investigating and prosecuting websites that break laws or regulations:
(1) Provincial telecommunications management bureaus, on the basis of clues that a website is suspected to break laws or regulations (including reporting materials, routine inspections by provincial telecommunications management departments, notifications from the Ministry of Information Industry, an opinion requesting assistance in examination and prosecution from corresponding departments, etc.), deal with websites that truly break laws and regulations according to the law.
(2) Where the main residence of a website operator suspected breaking laws of regulations is not in their administrative areas, provincial telecommunications management bureaus shall timely transfer the basic materials concerning the website that breaks laws and regulations to the provincial telecommunications management bureau of the locality of the website operator’s domicile, and that telecommunications management bureau shall handle the case according to the law.
(3) Where website operators’ residence is in their own administrative areas, provincial telecommunications management bureaus shall handle the case according to the law.
(4) Where websites should be close according to the law, provincial telecommunications management bureaus notify the corresponding access provider in writing to cease providing access, corresponding access providers shall timely report the implementation situation to the provincial telecommunications management bureau.
(5) Where website access localities are outside of their administrative areas, provincial telecommunications management bureaus may send direct letters requesting the provincial telecommunications management bureau of the locality of the access to cooperate in closing the website, the provincial telecommunications management bureau of the locality of access shall grant vigorous cooperation, notify the access provider timely and in writing to cease access, and report the implementation situation to the provincial telecommunications management bureau of the location of the domicile of the website operator.
Article 17: Workflows for investigating and prosecuting acts violating regulations by access providers:
Provincial telecommunications management bureaus shall strengthen management over access providers, and supervise the implementation situation of preliminary inspection of filing information where they act on users’ behalf, real-time supervision of users’ activities, and ex post cooperation with the investigation and prosecution of websites violating laws or regulation by access providers.
Where access providers violate laws or regulations, the telecommunications management bureau of the location where the act violating laws or regulations took place must file a case and investigate matters, where the access provider subject’s main location is not in this administrative area, it is permitted to request the cooperation of the corresponding telecommunications management bureau.
Article 18: Workflows for annual Internet site inspection:
(1) Every year in the first quarter, the annual Internet site inspection work starts.
(2) In cases where the “Filing and Management System” finds that IP addresses, domain names and other such information is inconsistent with the ICP filing information, it requires the corresponding website operators to timely renew filing information.
(3) Cases where the corresponding content controlling department’s annual inspection opinion is “cancellation of professional qualifications” or “closure of website”, fall into the category of opinions of not passing annual inspection, on the basis of the written annual inspection opinion provided by the corresponding controlling department, a veto system is implemented.
Article 19: Workflows for IP address filing work:
(1) IP address filing work units put IP address filing information into the “Filing and Management System”.
(2) The “Filing and Management System” automatically examines the IP address information that is put in, and exports an examination report, this is sent to the Ministry of Information Industry or corresponding telecommunications management bureaus.
(3) The Ministry of Information Industry or corresponding telecommunications management bureaus analyse and process the examination report.
Article 20: Workflows for domain name filing work:
(1) The China Internet Network Information Centre and corresponding domain name registration service organs (hereafter simply named domain name filing work units) put domain name filing information into the “Filing and Management System”.
(2) The “Filing and Management System” automatically conducts data processing and regularly exports statistical reports.
(3) The Ministry of Information Industry analyses the statistical reports, and where it discovers a failure to file, will handle matters according to the law.
Chapter IV: Supplementary provisions
Article 21: These Detailed Rules are interpreted by the Ministry of Information Industry Telecommunications Management Department.
Article 22: These Detailed Rules take effect on 1 December 2005.
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