This translation tracks the changes between the earlier opinion-seeking draft and this final version. Underlined sections are reformulations or additions, sections that are crossed out are sections from the opinion-seeking draft that have been deleted.
People’s Republic of China, Ministry of Industry and Information Technology Decree
The “Telephone User Real Identity Information Registration Regulations” were deliberated and passed on 28 June 2013, at the 2nd ministerial meeting of the Ministry of Industry and Information Technology of the People’s Republic of China, are hereby promulgated, and will take effect on 1 September 2013.
16 July 2013
Minister: Miao Wei
Article 1: In order to standardize the registration activities of telephone users’ real identity information, guarantee the lawful rights and interests of telephone users and telecommunications business operators, safeguard network information security, and stimulate the healthy development of the telecommunications sector, on the basis of the “National People’s Congress Standing Committee Decision concerning Strengthening Network Information Protection” and the “Telecommunications Regulations of the People’s Republic of China, these Regulations are formulated.
Article 2: These regulations apply to registration activities of telephone users’ real identity information within the borders of the People’s Republic of China
Article 3: Telephone users’ real identity information registration as named in these Regulations, refers to activities of truthfully registering real identity information provided by users, at the time where telecommunications business operators conduct connection formalities for fixed telephones, mobile telephones (including wireless network cards, similar hereafter), etc., conclude a contract or confirm provision of service with the user.
Connection as named in these Regulations refers to users transacting the installation, moving or transfer of a fixed telephone, the opening of a mobile phone account, as well as increasing service categories of fixed and mobile telephones.
Article 4: The Ministry of Industry and Information Technology is responsible for the implementation of supervision and management of telephone user real identity information registration work nationwide.
All provincial, autonomous region and municipal telecommunications management bureaus are responsible for the implementation of supervision and management of telephone user real identity information registration work within their own administrative regions.
The Ministry of Industry and Information Technology and all provincial, autonomous region and municipal telecommunications bureaus are jointly designated “telecommunications management organs”.
The Ministry of Industry and Information Technology and all provincial, autonomous region and municipal telecommunications management bureaus (hereafter jointly named telecommunications management organs) conduct supervision and management over telephone user real identity registration work according to the law.
Article 5: Telecommunications business operators shall register and protect the real identity information of telephone users at the time of conducting connection formalities, according to the law.
Article 6: When Telecommunications business operators conduct connection formalities for users, they shall require the users to produce a valid identity document and provide real identity information, the user shall cooperate with this.
Where users entrust other persons to conduct connection formalities, Telecommunications business operators shall require the entrusted person to produce valid documents of the user and the entrusted person, and a letter of entrustment of the user, and provide the real identity information of the user and the entrusted person.
Article 7: Where individuals conduct telephone user real identity information registration, they may produce one of the following listed valid documents:
(1) a resident’s identity card, a temporary resident’s identity card or a hukou booklet;
(2) a Chinese People’s Liberation Army identity card, a Chinese People’s Armed Police identity card;
(3) a Mainland Travel Permit for Hong Kong and Macau Residents, a Mainland Travel Permit for Taiwan Residents or other valid travel documents;
(4) a foreign citizen passport;
(5) other valid identity documents provided in laws, administrative regulations and State provisions.
Article 8: Work units handling telephone user real identity information registration, may produce on of the following valid documents:
(1) an organization code certificate;
(2) a business licence;
(3) an undertaking work unit legal person certificate or a social organization legal person registration certificate;
(4) other valid documents or certification documents provided in laws, administrative regulations and State provisions.
Where work units conduct registration, apart from producing one of the above documents, they shall also produce valid documents for the person handling the matter and a letter of authorization from the work unit.
Article 9: Telecommunications business operators shall conduct inspection of the documents produced by the user, and shall truthfully register the category of the document as well as the name, numbers and address information indicated on the documents; where users have entrusted other persons to conduct connection formalities, they shall at the same time inspect the entrusted person’s documents and register the above information of the entrusted person.
In order to convenience users’ provision of identity information and conduct of connection formalities, and to protect the lawful rights and interests of users, where Telecommunications business operators copy users’ identity documents, they shall indicate the name of the Telecommunications business operator, purpose of copying and date on the copy.
Article 10: Where users refuse to produce valid documents, refuse to provide the identity information indicated on their documents, illegally use other persons’ documents, or user counterfeit or altered documents, Telecommunications business operators may not conduct connection formalities for them.
Article 11: Telecommunications business operators shall preserve the identity information provided by users at the time of conducting connection formalities and corresponding materials for two years after the termination of the period of service provision to telephone users or providing services to them.
Article 12: Telecommunications business operators shall establish and complete user real identity information secrecy protection and management systems.
Telecommunications business operators and their work personnel shall strictly preserve the secrecy of users’ real identity information registered in the process of service provision, they may not divulge, distort or damage this, may not sell or illegally provide it to other persons, and may not use it for other purposes than the provision of service.
Article 13: Where leak, damage or loss of telephone users’ real identity information occurs or may occur, Telecommunications business operators shall immediately adopt remedial measures; where it creates or may create grave consequences, they shall immediately report it to telecommunications management organs, and cooperate with corresponding departments’ conducting investigation and handling.
Telecommunications management organs shall appraise the influence of acts violating regulations on the protection of telephone users’ real identity information that is reported or discovered; where the influence is especially major, the corresponding provincial, autonomous region and municipal telecommunications management bureau shall report to the Ministry of Industry and Information Technology. Telecommunications management organs may, before making a handling decision on the basis of these Regulations, require the telecommunications business operator to provisionally cease the relevant activity, telecommunications business operators shall implement this.
Article 14: Where Telecommunications business operators entrust persons to act for them in telephone connection formality and the registration of telephone users’ real identity information, they shall conduct supervision and management over the agent’s user real identity information registration and protection work, and may not entrust agents who do not conform to the requirements of registration and protection of user real identity information to conduct relevant formalities.
Article 15: Telecommunications business operators shall conduct regular inspections of the registration and protection situation of telephone users’ real identity information at least once per year, and provide training to their work personnel on knowledge, skills and security responsibilities related to telephone users’ real identity information registration and protection.
Article 16: Telecommunications management organs shall implement supervision over and inspection of the registration and protection situation of Telecommunications business operators’ telephone user real identity information. Telecommunications management organs may, when implementing supervision and inspection, require Telecommunications business operators to provide corresponding materials, and enter into their production and business premises to inspect the situation, Telecommunications business operators shall cooperate with this.
Telecommunications management organs implementing supervision and inspection, shall record the supervision and inspection situation. Implementation of supervision and inspection this may not hamper the regular operations and service activities of Telecommunications business operators, and no fees of any kind may be charged.
Telecommunications management organs and their work personnel shall protect the secrecy of telephone users’ real identity information that they see in the process of supervision and inspection, they may not divulge, distort or damage this, and may not sell or illegally provide it to other persons.
Article 17: Where Telecommunications business operators violate the provisions of Article 6, or Article 9 to Article 15 of these Regulations, or do not cooperate with telecommunications management organs’ conducting supervision and inspection according to these Regulations, the telecommunications management organ imposes rectification within a limited time or issuance of a warning according to their powers, and may also impose a fine of 10.000 Yuan or more but less than 30.000 Yuan, it will also be published to society. Where in such cases, the “Telecommunications Regulations of the People’s Republic of China” provide for legal liability, it shall be handled according to these provisions; where it constitutes a crime, criminal liability is prosecuted according to the law.
Article 18: Where users conduct connection formalities with illegally-used, counterfeit or altered documents, Telecommunications business operators may not provide services to them, and are to handle it according to the “Identity Card Law of the People’s Republic of China”, the “Public Order Management and Punishment Law of the People’s Republic of China”, the “Rules on Application and Issuance of Resident’s Identity Documents for Serving Military Personnel and People’s Armed Police” and other regulations.
Article 19: Where telecommunications management organ work personnel neglect their duties, abuse their power or engage in irregular favouritism in the process of supervising and managing telephone user real identity information registration work, they are punished according to the law; where it constitutes a crime, criminal liability is prosecuted according to the law.
Article 20: Telecommunications business operators shall notify users and adopt convenient measures through telephone, text message, written correspondents, announcements or other forms, to conduct supplementary registration formalities of telephone users who have not provided real identity information before these Regulations took effect or whose provided real identity information is incomplete.
Telecommunications business operators who handle formalities to provide supplementary service to telephone users, may not increase the responsibilities of users without authorization.
Telecommunications business operators shall, when affirming the provision of service to online users who have not yet provided real identity information, require users to provide real identity information.
Article 21: These Regulations take effect on 1 September 2013.