Administrative Measures for the Filing of Not-for-Profit Internet Information Services

Release Date: 02-08-2005

Source: Beijing Municipal Bureau of Economy and Information Technology website

Chinese Title: 非经营性互联网信息服务备案管理办法

Order [2005] No. 33 of the Ministry of Information Industry

The Administrative Measures for the Filing of Not-for-profit Internet Information Services, adopted upon deliberation at the 12th executive meeting of the Ministry of Information Industry of the People’s Republic of China on January 28, 2005, are hereby promulgated, effective on March 20, 2005.

Minister Wang Xudong

February 8, 2005

Administrative Measures for the Filing of Not-for-profit Internet Information Services

Article 1 With a view to regulating the filing and the filing administration of not-for-profit Internet information services, and to promoting the sound development of the Internet information service sector, the present Measures are enacted in accordance with the Administrative Measures on Internet-based Information Services, the Telecommunications Regulations of the People’s Republic of China and other relevant laws and administrative regulations.

Article 2 The present Measures shall apply to those that provide not-for-profit Internet information services within the territory of the People’s Republic of China in going through filing procedures or conducting filing administration.

Article 3 The Ministry of Information Industry of the People’s Republic of China (hereinafter referred to as “the Ministry of Information Industry”) shall supervise and guide the filing administration of not-for-profit Internet information services nationwide, while the telecommunications administration of each province, autonomous region, or centrally administered municipality (hereinafter referred to as “the provincial telecommunications administration”) shall specifically conduct the filing administration of not-for-profit Internet information services.Whoever plans to provide not-for-profit Internet information services shall go through filing procedures with the provincial telecommunications administration at the locality of his domicile.

Article 4 The provincial telecommunications administration shall provide convenient, high-quality and high-efficiency services under the principles of openness, fairness and impartiality in its filing administration.When providing not-for-profit Internet information services, not-for-profit Internet information service providers shall abide by the relevant provisions of the State, and subject themselves to the supervision and administration conducted by relevant authorities according to law.

Article 5 Whoever intends to provide not-for-profit Internet information services within the territory of the People’s Republic of China shall go through filing procedures according to law.No one may provide not-for-profit Internet information services within the territory of the People’s Republic of China unless it/he has gone through filing procedures.

For the purpose of the present Measures, “provision of not-for-profit Internet information services within the territory of the People’s Republic of China” means the provision of not-for-profit Internet information services by organizations or individuals within the territory of the People’s Republic of China through the websites visited via Internet domain names or through the websites which can only be visited via IP address.

Article 6 Provincial telecommunications administrations shall conduct filing administration by means of online filing through the filing administration system of the Ministry of Information Industry.

Article 7 Whoever plans to provide not-for-profit Internet information services shall go through filing procedures by truthfully filling out the Registration Form for Filing of Not-for-profit Internet Information Services (see annex hereto for specimen; hereinafter referred to as Registration Form) in the filing administration system of the Ministry of Information Industry.The Ministry of Information Industry shall adjust and release the Registration Form in light of actual conditions.

Article 8 Whoever plans to provide not-for-profit Internet information services by accessing a for-profit Internet website may go through the procedures of filing, modification of filing or nullification of filing, etc. by entrusting an Internet access service provider, an Internet data center service provider, or by any other means, on behalf of the telecommunications service provider that provides access service to its/his website.

Article 9 Whoever plans to provide not-for-profit Internet information services by accessing China Education and Research Network, China Science and Technology Network, China International Economy and Trade Net, China Great Wall Net or any other public welfare network, may have a public welfare Internet entity providing Internet access services to its/his website go through the procedures of fling, modification of filing or nullification of filing, etc. on its/his behalf.

Article 10 No Internet access service provider, Internet data center service provider, telecommunications service provider or public welfare Internet entity providing access services to websites by other means (hereinafter collectively referred to as “Internet access service provider”) may go through the procedures of filing, modification of filing or nullification of filing, etc. on behalf of an organization or individual that plans to provide not-for-profit Internet information services, on condition that it/he knows or ought to know the inauthenticity of the information of the said organization or individual.

Article 11 Whoever plans to provide Internet information services in respect of news, publication, education, medical treatment, health care, drugs, medical devices, culture, radio and television programs, etc. shall, if required by any law, administrative regulation, or any other relevant provisions of the State to be reviewed and consented by the competent authorities, submit relevant consenting document issued by the competent authorities to the provincial telecommunications administration at the locality of its/his domicile, in addition to going through the filing procedures.Whoever plans to provide electronic bulletin services shall submit the special materials for filing of the electronic bulletin services to the provincial telecommunications administration at the locality of its/his domicile when going through filing procedures.

Article 12 After receipt of the materials submitted by an applicant for filing, the provincial telecommunications administration shall grant the filing within 20 working days if the materials are complete, distribute to the applicant an electronic verification mark of the filing and the serial number thereof, and publicize relevant filing information to the general public via the filing administration system of the Ministry of Information Industry; the provincial telecommunications administration shall reject the application if the materials are not complete, and notify the applicant thereof within 20 working days, with the reasons stated.

Article 13 A not-for-profit Internet information service provider shall, when its/his website is available, mark its/his filing number at the central part on the bottom of its/his home page and, as required, link the URL of the filing administration system of the Ministry of Information Industry below the filing number for consultation and check by the public.A not-for-profit Internet information service provider shall, when its/his website is available, place the electronic verification mark of filing under the designated catalogue of its/his website, as required by the filing administration system of the Ministry of Information Industry.

Article 14 Where a not-for-profit Internet information service provider needs to modify any information filled in its/his Registration Form during the validity period of filing, it/he shall go through the procedures for filing modification with the original filing authority by logging on the filing system of the Ministry of Information Industry 30 days in advance.

Article 15 Where a not-for-profit Internet information service provider needs to terminate its/his services during the validity period of filing , it/he shall go through the procedures for nullification filing with the original filing authority by logging on the filing system of the Ministry of Information Industry on the date when the services are terminated.

Article 16 Not-for-profit Internet information service providers shall ensure the legality of the information they provide.For the purpose the present Measures, “information provided by a not-for-profit Internet information service provider” refer to the information under the Internet domain name or the IP address of the website of the Internet information service provider.

Article 17 Provincial telecommunications administrations shall establish mechanisms for reputation management, public supervision, and investigation, etc., and conduct supervision and administration over not-for-profit Internet information services.

Article 18 An Internet access service provider shall not provide Internet access services for an unfiled organization or individual who provides not-for-profit Internet information services.With respect to any not-for-profit Internet information service provider whose website is closed down or temporarily closed down by the provincial telecommunications administration, or with respect to any organization or individual who illegally provides not-for-profit Internet information services, the Internet access service provider shall forthwith suspend or terminate the Internet access services provided to such offender.

Article 19 An Internet access service provider shall record the filing information of the not-for-profit Internet information service providers who access to it.An Internet access service provider shall properly conduct dynamic management of users’ information, preservation of records, report of harmful information and other network information security management in accordance with the relevant provisions of the State, and supervise the users who access to its/his website as required by the Ministry of Information Industry and the provincial telecommunications administrations.

Article 20 The provincial telecommunications administration shall lawfully conduct annual review of the filing of not-for-profit Internet information services.The provincial telecommunications administration shall conduct annual review online through the filing administration system of the Ministry of Information Industry.

Article 21 Not-for-profit Internet information service providers shall log on the filing administration system of the Ministry of Information Industry at a specified time each year to go through the annual review procedures.

Article 22 Whoever violates Article 5 hereof by failing to go through the filing procedures before providing not-for-profit Internet information services will be ordered by the provincial telecommunications administration at the locality of its/his domicile to make a correction within a time limit, and be fined 10,000 yuan in addition; and its/his website will be closed down in case of refusal to make a correction as ordered.Whoever provides services in excess of the filed items will be ordered by the provincial telecommunications administration at the locality of its/his domicile to make a correction within a time limit, and be fined ranging from 5,000 yuan to 10,000 yuan in addition; and its/his website will be closed down and its/his filing nullified in case of refusal to make a correction as ordered.

Article 23 For anyone who violates Paragraph 1, Article 7 hereof by providing false information for filing, its/his website will be closed down by the provincial telecommunications administration at the locality of its/his domicile, and its/his filing nullified.

Article 24 Whoever violates Article 10, 18 or 19 hereof will be ordered by the provincial telecommunications administration at the locality of such violation to make a correction, and be fined 10,000 yuan in addition.

Article 25 Whoever violates Article 13 hereof by failing to link the URL of the filing administration system of the Ministry of Information Industry below its/his filing number, or by failing to place the electronic verification mark of filing under the designated catalog of its/his website, will be ordered to make a correction by the provincial telecommunications administration at the locality of its/his domicile, and be fined 5,000 yuan up to 10,000 yuan in addition.

Article 26 Whoever violates Article 14 or 15 hereof by failing to go through the procedures for modification of filing within a prescribed time, or by failing to lawfully go through the procedures for nullification of filing will be ordered by the provincial telecommunications administration at the locality of its/his domicile to make a correction within a time limit, and be fined 10,000 yuan in addition.

Article 27 For a not-for-profit information service provider who violates the relevant legal provisions of the State, and thus its/his services shall be suspended or terminated in accordance with the law, the provincial telecommunications administration may, according to the written ascertainment opinions of the organ at the same level as authorized by laws or administrative regulations, temporarily close down its/his website, or close down its/his website and nullify its/his filing at the same time.

Article 28 Where a not-for-profit Internet information service provider is under any of the following circumstances at the time of annual review, the provincial telecommunications administration at the locality of its/his domicile will order it/he to make a correction within a specified time limit, by means of announcement via the filing system of the Ministry of Information Industry or other media; and may even close down its/his website and nullify its/his filing, in case of refusal to make a correction as ordered:

(1) The said service provider fails to log on the filing website to submit annual review information within the specified time; or

(2) Any of the governmental agencies of news, education, public security, national security, culture, radio, film and television, publication, or confidentiality, etc. lawfully proposes veto in annual review regarding the matters under its jurisdiction.

Article 29 The present Measures shall come into force on March 20, 2005.

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