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Measures on the Administration of Business Sites of Internet Access Services

chinaculture.org
Updated: Aug 23,2014 6:16 PM     

(Promulgated by the Ministry of Information Industry, Ministry of Public Security, Ministry of Culture, State Administration for Industry and Commerce on April 3, 2001)

Article 1 These Measures are formulated in accordance with the provisions in Measures on the Administration of Internet Information Services, Measures on Protection and Administration of the Security of Computer Information Networks and the Internet, as well as in relevant laws and other administrative regulations with a view to strengthen the administration of business sites of Internet access services, promoting the healthy development of Internet access service activities and protecting the legitimate rights and interests of Internet users.

Article 2 These Measures shall apply to the establishment, operation and use of business sites of Internet access services, as well as the supervision and administration of such business sites within the territory of the People’s Republic of China.

Business sites of Internet access services referred to in these Measures are of a profit-making nature that provides the public with Internet access services through computers and Internet networking (including network access services provided by network bars).

Article 3 The competent department of the information industry under the State Council and the institutions for the administration of telecommunications of provinces, autonomous regions and municipalities directly under the Central Government shall be in charge of the supervision and administration of business sites of Internet access services and shall have the responsibilities for organizing, coordinating and urging relevant departments at the same level to take charge of the supervision and administration of business sites of Internet access services within their respective scope of duties in accordance with the provisions in these Measures.

The institutions for the administration of the telecommunications of provinces, autonomous regions and municipalities directly under the Central Government shall be in charge of the examination and approval of operation permits to business sites of Internet access services and the supervision of their service quality.

The departments of public security shall be in charge of the examination and verification of the security of business sites of Internet access services, as well as investigate and handle the acts that may violate the provisions outlined in the Regulations on the Administration of Network Security.

The departments of culture shall be in charge of the investigation and handling of computer games with dubious content, such as eroticism, gambling, violence and superstition, etc. in business sites of Internet access services.

The administrative departments for industry and commerce shall be in charge of the issuance of business licenses to business sites of Internet access services, as well as the investigation and handling of illegal acts, such as operating without a business license or exceeding the specified business scope, etc.

Article 4 A business site of Internet access services shall be established with the approval of relevant departments, and the services shall not be launched until the operation permit has been obtained and the enterprise registration has been completed.

A business site of Internet access services shall not be established unless the approval document and the operation permit have been obtained and the enterprise registration has been completed.

Article 5 Anyone wishing to establish a business site of Internet access services shall abide by the provisions outlined in the laws, administrative regulations and these Measures; provide good services; adhere to the self-disciplined principle; and accept the supervision and administration of relevant departments in accordance with the law.

Citizens, legal persons and other organizations shall have the right to carry out a social supervision on business sites of Internet access services.

Internet users in business sites of Internet access services shall abide by the provisions as outlined in the laws and administrative regulations; comply with social ethics; practice self-control; and access the Internet in a healthy and honorable way.

Article 6 Anyone wishing to establish a business site of Internet access services shall meet the following requirements:

(1) obtain business premises suitable for carrying out the operational activities, which shall be safe and reliable, and equipped with safety facilities;

(2) obtain computers and subsidiary equipments suitable for carrying out the operational activities;

(3) obtain vocational technicians and vocational technical support suitable for the operational scope;

(4) implement a sound and complete administrative system for network information security;

(5) implement corresponding technical measures for network security;

(6) employ full-time or part-time managers for network information security;

(7) ensure that operation and management personnel, as well as security management personnel have participated in a security training organized by relevant and competent departments;

(8) adhere to other provisions as outlined in the laws and administrative regulations.

The specific quantity of computer equipment for establishing a business site of Internet access services shall be determined by the institution for the administration of telecommunications of a province, autonomous region or municipality directly under the Central Government jointly with the departments of public security, culture, industrial and commercial administration, etc. at the same level in accordance with specific local circumstances.

Article 7 Applicants wishing to establish a business site of Internet access services shall provide corresponding testifying documents as prescribed in Article 6 of these Measures to the departments of public security and culture under the local people’s government at the county level or above, which shall, within 30 days of receipt of the testifying documents in accordance with their respective duties, issue the approval document upon examination and consent.

Anyone who has obtained the approval document shall apply to the institution for the administration of telecommunications of the province, autonomous region or municipality directly under the Central Government for the operation permit with the approval document. The institution for the administration of telecommunications of the province, autonomous region or municipality directly under the Central Government shall, within 60 days of receipt of the application, complete the examination and issue the operation permit where the applicant has met the requirements and notify the applicant in writing where a decision of disapproval is made.

Anyone who has obtained the operation permit shall go through the enterprise registration in the department of industrial and commercial administration with the approval document and the operation permit.

Article 8 Any party approved to establish a business site of Internet access services shall -- with the approval document, the operation permit and the business license -- go through Internet connecting formalities with the Internet service providers and conclude the letter of information security responsibilities.

The Internet service provider shall not provide Internet services to anyone who has not obtained the approval document, operation permit nor completed the enterprise registration.

Article 9 Where a business site of Internet access services needs to be linked to the international Internet, the ingoing network of the Internet service provider shall be used to link to the international Internet. No other method shall be used to link to the international Internet.

Article 10 The operator of a business site of Internet access services shall perform the following obligations:

(1) provide services within the approved business scope;

(2) clearly display the operation permit and the Business License;

(3) record relevant information of Internet access, keep the copies of such records for 60 days and present them upon inquiry by a relevant department in accordance with the law;

(4) leasing or transferring the business site or ingoing circuitry without authorization is prohibited;

(5) operating computer games with dubious content, such as eroticism, gambling, violence and superstition, etc. is prohibited;

(6) opening the business site to minors of 18 or younger during a time period other than that specified by these Measures is prohibited; allowing any minor of 14 or younger who is not accompanied by a guardian to enter the business site is also prohibited;

(7) implement the measures on the administration of network information security;

(8) stop and report acts that violate the laws or administrative regulations and the illegal acts listed in Article 11, 12 of these Measures in the business site to the authorities.

Article 11 Neither the operator of a business site of Internet access services nor an Internet user shall conduct any of the following acts which may endanger the security of networks or information:

(1) produce or intentionally spread computer viruses and other destructive programs;

(2) illegally intrude into a computer information system or destroy the functions, data or applications of a computer information system;

(3) other acts prohibited by laws or administrative regulations.

Article 12 Neither the operator of a business site of Internet access services nor a Internet user shall make use of such a business site to produce, reproduce, consult, promulgate or spread information containing any of the following contents:

(1) opposing the basic principles set up by the Constitution;

(2) endangering State security, divulging State secrets, subverting State power, or undermining the unity of the nation;

(3) humiliating the national honor or damaging the interests of the State;

(4) inciting national hatred or discrimination, or undermining national solidarity;

(5) destroying State policies on religion, or disseminating evil cults or superstition;

(6) disseminating rumors, disturbing public order, or destroying social stability;

(7) disseminating bawdry, eroticism, gambling, violence, homicide, terrorism or instigating others to commit crimes;

(8) humiliating or defaming others, or infringing upon the legitimate rights and interests of others;

(9) other contents prohibited by laws or administrative regulations.

Article 13 The business hours of a business site of Internet access services shall be determined by the operator himself; however, the business hours open to minors shall be limited from8 o’clockto21 o’clock, and only on State statutory festivals and holidays.

Article 14 Anyone violating the provisions in these Measures by establishing a business site of Internet access services without authorization before obtaining an operation permit, the institution for the administration of telecommunications of a province, autonomous region, or municipality directly under the Central Government shall, in accordance with the provisions in Article 19 of the Measures on the Administration of Internet Information Services, order him to close up the business site, confiscate all equipment and apparatuses used in his illegal operational activities as well as his illegal proceeds, and impose a fine on him with the amount from 10,000 Yuan to 30,000 Yuan.

Article 15 Where anyone violates the provisions in these Measures by leasing or transferring the business site to others without authorization, the administrative department for industry and commerce shall confiscate his illegal proceeds in accordance with relevant laws and regulations on industrial and commercial administration, impose a fine on him and revoke his business license; in addition, the relevant competent departments shall revoke his approval document and his operation permit.

Article 16 Where anyone violates the provisions in these Measures by linking to Internet or linking to the ingoing circuitry without authorization, or by providing Internet services without authorization, the institution for the administration of telecommunications of a province, autonomous region, or municipality directly under the Central Government shall, in accordance with the provisions in Article 19 of the Measures on the Administration of Internet Information Services, order him to correct his acts, confiscate his illegal proceeds, and impose on him a fine with the amount from 3 times to 5 times of the illegal proceeds; if the illegal proceeds are less than 30,000 Yuan, a fine with the amount from 30,000 Yuan to 100,000 Yuan shall be imposed; if he fails to correct his acts in the time limit or violates the provisions for a second time, he shall be ordered to close up his business site, and the relevant competent departments shall revoke his approval document, his operation permit and business license.

Article 17 Where anyone violates the provisions in these Measures by failing to record the information of Internet access, failing to keep the copies of such records in accordance with relevant provisions, failing to implement the administrative system on network information security, or failing to perform his responsibilities on security management, or failing to adopt technical measures for security, the public security authority shall order him to correct his acts within a time limit and impose on him a fine with the amount from 5,000 Yuan to 30,000 Yuan; if the case is serious or if he refuses to correct his acts, he shall be ordered to close up his business site, and the relevant competent departments shall revoke his approval document, his operation permit and business license.

Article 18 Where an Internet user violates the provisions in these Measures by committing acts which endanger network security or information security, or by producing, reproducing, consulting, promulgating or spreading illegal information, he shall be punished by the public security authority in accordance with the provisions in Regulations of the People’s Republic of China on the Administration and Punishment Concerning Public Security, in Measures on Protection and Administration of the Security of Computer Information Networks and the Internet, in relevant laws and other administrative regulations.

Where the operator of a business site of Internet access services violates the provisions in these Measures by committing acts which endanger network security or information security, or by producing, reproducing, consulting, promulgating or spreading illegal information, or by failing to stop the users from committing the above acts or neglecting to keep an eye on the acts of the Internet users, he shall be punished by the public security authority in accordance with the preceding paragraph, and be ordered by a relevant competent department to suspend his business for rectification; if he violates the provisions for a second time after the rectification, he shall be ordered to close up his business site, and the relevant competent departments shall revoke his approval document, his operation permit and business license.

Article 19 Where anyone violates the provisions in these Measures by opening the business site to minors of 18 or younger during the time period other than that allowed by these Measures, or by allowing a minor of 14 or younger who is not accompanied by his guardian to enter the business site, he shall be given a disciplinary warning and be imposed on a fine with the amount from 5,000 Yuan to 10,000 Yuan by the institution for the administration of telecommunications of a province, autonomous region, municipality directly under the Central Government; if he violates the provisions for a second time, he shall be ordered to suspend his business for rectification, and be imposed on a fine with the amount from 10,000 Yuan to 30,000 Yuan; if he violates the provisions for a third time, he shall be imposed on a fine with the amount from 10,000 Yuan to 30,000 Yuan, and be ordered to close up his business site, and the relevant competent departments shall revoke his approval document, his operation permit and business license.

Article 20 Where anyone violates the provisions in these Measures by operating computer games with any of such unhealthy contents as eroticism, gambling, violence and ignorant superstition, etc., the department for the administration of culture shall give him a disciplinary warning, order him to suspend his business for rectification, confiscate his illegal proceeds, and impose on him a fine with the amount from 1 time to 3 times of the illegal proceeds; if the illegal proceeds are less than 30,000 Yuan, he shall be imposed on a fine with the amount from 30,000 Yuan to 50,000 Yuan; if he violates the provisions for a second time, in addition to the above said punishments, he shall be ordered to close up his business site, and the relevant competent departments shall revoke his approval document, his operation permit and business license.

Article 21 Where anyone violates the provisions in these Measures by failing to go through the enterprise registration before he establishes a business site of Internet access services, or failing to hang up the business license in accordance with relevant provisions, or by exceeding the permitted scope to operate his business, he shall be punished by the department for industrial and commercial administration in accordance with the law.

Article 22 For anyone whose approval document and operation permit have been revoked by relevant department due to his violation of the provisions in these Measures, he shall, within 10 days as of the revocation of the approval document or the operation permit, go through the registration for modification or nullification in the administrative department for industry and commerce; in the case of failure to do so within the limited time, he shall be subjected to punishments by the department for industrial and commercial administration in accordance with the law.

Article 23 The relevant competent departments shall keep place on record the acts in violation of the provisions in these Measures by the business sites of Internet access services.

For anyone whose approval document and operation permit have been revoked, or whose business license has been nullified, he shall not re-apply for the establishment of a second business site of Internet access services.

Article 24 Where an operator of a business site of Internet access services violates the provisions in State laws, administrative regulations or these Measures, his legal liabilities shall be investigated in accordance with the law; in addition, the person directly in charge or directly responsible in the department of examination-approval and administration who has any act of negligence of duty or dereliction of duty shall be subject to administrative sanctions in accordance with the law; if his acts constitute an offence, criminal liabilities shall be investigated in accordance with the law.

Where an administrant in the department of examination-approval and administration on business sites of Internet access services neglects his duties, abuses his powers or commits fraudulence for selfish purposes, and such acts constitute an offence, criminal liabilities shall be investigated in accordance with the law; if such acts do not constitute an offence, he shall be subject to administrative sanctions in accordance with the law.

Article 25 These Measures shall come into force on the date of their promulgation.