Administrative Measures for Internet Information Services (2011Revision)

Administrative Measures for Internet Information Services (2011Revision) Administrative Measures for Internet Information Services (Issued by the Order No. 292 of the State Council of the People's Republic of China on September 25, 2000, revised in accordance with the Decision of the State Council on Abolishing and Amending Some Administrative Regulations by the Order No. 588 of the State Council on January 8, 2011) Administrative Measures for Internet Information Services Article 1 This Regulation is formulated to regulate Internet information service so as to promote the healthy development of this sector. Article 2 Anyone engaged in Internet information service within the territory of the People's Republic of China shall abide by this Regulation. Internet information service in this Regulation refer to the provision of information through Internet to web users. Article 3 Internet information service is divided into two categories: profitable Internet information service and non-profitable Internet information service. Profitable Internet information service refers to the provision with charge of payment of information through Internet to web users or of web page designing, etc. Non-profitable Internet information service refers to the provision free of charge of public, commonly-shared information through Internet to web users. Article 4 The State establishes a licensing system for profitable Internet information service and a filing system for non-profitable Internet information service. Anyone who does not obtain a license for profitable Internet information service or file for record its non-profitable Internet information service shall not be engaged in such activities. Article 5 Anyone who intends to provide Internet information service related to news, publication, education, medical and health care, pharmaceuticals and medical equipment etc., before applying for licenses for filing for record, shall obtain approval from the competent industry authorities as required by relevant laws and administrative regulations. Article 6 A profitable Internet information service provider shall meet the following requirements in addition to the requirements as provided in the Regulation on Telecommunications of the People's Republic of China. (1)having a business development plan and relevant technology solutions; (2)having well-developed safeguarding measures of network and information security, including measures to safeguard website security and systems to guarantee information security and secrecy as well as the security of user information; (3)having obtained the approval of the competent industry authorities in case its service falls within the scope as provided in Article 5. Article 7 Profitable Internet information service shall be provided with a licence for value-added telecommunication services (the Service License) obtained from telecommunications administrative authorities of the provinces, autonomous regions and cities under the direct control of the Central Government or the Ministry of Information Technology (MII). Telecommunications administrative authorities of the provinces, autonomous regions and cities under the direct control of the Central Government or MII shall examine the application for the Service Licence and approve or disapprove it within 60 days after receiving the application. If approved, the Service Licence shall be granted; if not approved, a written notice explaining the reasons shall be given. Upon obtaining the Service License, registration shall be made at the enterprise registration authority by presenting the Service Licence. Article 8 A non-profitable Internet information service provider shall file for record its activities at telecommunications administrative authorities of the provinces, autonomous regions and cities under the direct control of the Central Government or the Ministry of Information Technology (MII), and the fo......