中国互联网络域名管理办法 Administration of China Internet Domain Names Procedures
2009-03-24 法律英语 来源:互联网 作者: ℃信息产业部令第30号
(Promulgated by the Ministry of Information Industry on 5 November 2004 and effective as of 20 December 2004.)
颁布日期:20041105 实施日期:20041220 颁布单位:信息产业部
PART ONE GENERAL PROVISIONS
Article 1 These Procedures are formulated in order to promote the healthy development of China's internet, to safeguard the secure and reliable operation of the Chinese internet domain name system and to standardize administration of the Chinese internet domain name system and domain name registration services in accordance with the relevant State provisions and in line with international standards on the administration of internet domain names.
Article 2 Registration of domain names and related activities within the People's Republic of China shall abide by these Procedures.
Article 3 Definitions of terms referred to in these Procedures shall be as follows:
1. Domain name: hierarchical character identifier recognizing and locating a computer on the internet that corresponds to that computer's internet protocol (IP)。
2. Chinese domain name: domain name containing Chinese characters.
3. Domain name root server: the server functioning as the root node in the domain name system.
4. Domain name root server operator: the institution responsible for operating, maintaining and administering the domain name root server.
5. Top-level domain name: name of the top-level domain under the root node in the domain name system.
6. Domain name registration administrator: the institution that undertakes the operation, maintenance and administration of top-level domain name system.
7. Domain name registration service provider: the institution that accepts applications to register domain names, and that directly registers domain names in the domestic top-level domain name database and directly or indirectly registers domain names in overseas top-level domain name databases.
Article 4 The Ministry of Information Industry shall be responsible for the administration of China's internet domain names. Its principal duties shall be:
1. to formulate regulations and policy on administration of internet domain names;
2. to formulate a national (or local) top-level domain name .CN and Chinese domain name system;
3. to administer domain name root server operators that establish and operate domain name root servers (including mirror servers) within the People's Republic of China;
4. to administer domain name registration administrators and domain name registration service providers established within the People's Republic of China;
5. to oversee the registration of domain names; and
6. to be responsible for international coordination on domain names.
Article 5 No organization or individual may use any means to obstruct the proper functioning of the internet domain name system within the People's Republic of China.
PART TWO ADMINISTRATION OF DOMAIN NAMES
Article 6 China's internet domain name system shall be published by the Ministry of Information Industry in the form of public announcement. The Ministry of Information Industry may make adjustments to the internet domain name system in accordance with the actual development of domain names, and shall publish update announcements.
Article 7 Chinese domain names are an important component of China's domain name system. The Ministry of Information Industry shall encourage and support technical research into and the gradually increased use of Chinese domain names.
Article 8 Establishment of domain name root servers and domain name root server operators within the People's Republic of China shall be approved by the Ministry of Information Industry.
Article 9 To apply for establishment of an internet domain name root server o
r domain name root server operator, the following criteria shall be fulfilled:
1. having the corresponding capital and skilled personnel;
2. having the environment and conditions, and technical capacity for safeguarding the secure and reliable operation of domain name root server;
3. having proper network and information security safeguard facilities;
4. fulfilling the needs of internet development and stable operation of domain name system; and
5. compliance with other relevant State regulations.
Article 10 To apply for establishment of a domain name root server or domain name root server operator, the following written application materials shall be submitted to the Ministry of Information Industry:
1. the details of the applying work unit;
2. the details of the domain name root server to be operated and protected;
3. a network technology plan; and
4. proof of technical safeguard facilities for network and information security.
Article 11 Establishment of domain name registration administrators and domain name registration service providers within the People's Republic of China shall be approved by the Ministry of Information Industry.
Article 12 To apply to become a domain name registration administrator, the following criteria shall be fulfilled:
1. having established a top-level domain name server (excluding mirror servers) within the People's Republic of China, and having top-level domain names commensurate with the international and domestic internet domain name systems;
2. having the capital and skilled personnel commensurate with the activities related to domain name registration;
3. having good business performance and operation experience in relevant services such as internet domain name services;
4. having a reputation for providing, or the ability to provide, long-term services to the clients;
5. having a business development plan and a relevant technical plan;
6. having proper mechanism for supervision of domain name registration services and facilities for safeguarding network and information security; and
7. compliance with other relevant State provisions.
Article 13 To apply to become a domain name registration administrator, the following materials shall be submitted to the Ministry of Information Industry:
1. explanatory materials for the capital and personnel;
2. supporting materials for the implementation of effective administration on top-level domain name servers in China;
3. materials that prove the reputation of the applicant;
4. business development plan and relevant technical plan;
5. mechanism for supervision of domain name registration services and technical safeguard facilities for network and information security;
6. model text for the agreement to be signed with domain name registration service providers; and
7. letter of undertaking for compliance with the relevant State laws and policies and China's domain name system signed by the legal representative.
Article 14 To engage in domain name registration services, the following criteria shall be fulfilled:
1. being an enterprise legal person or an institution legal person established in accordance with the law;
2. having a registered capital of not less than Rmb 1 million, having established a domain name registration service system within the People's Republic of China and having the technicians and customer service personnel dedicated to domain name registration services;
3. having a reputation for providing, or the ability to provide, long-term services to the clients;
4. having a business development plan and a relevant technical plan;
5. having proper facilities for safeguarding network and information security;
6. having proper domain name registration service withdrawal mechanism; and
7. compliance with other relevant State provisions.
Article 15 To apply to become a domain name registration service provider, the following written materials shall be submitted to the Ministry of Information Industry:
1. proof of status as a legal person;
2. description of domain name registration services to be provided and the details of the technicians and customer service personnel;
3. letter of intent to cooperate or agreement signed with the relevant domain name registration administrator or overseas domain name registration service provider;
4. model text for customer service agreement;
5. business development plan and relevant technical plan;
6. proof of technical safeguard facilities for network and information security;
7. relevant materials that prove the reputation of the applicant; and
8. letter of undertaking for compliance with the relevant State laws and policies signed by the legal representative.
Article 16 Where the application materials are complete and comply with the statutory format, the Ministry of Information Industry shall issue a notification of application acceptance to the applicant. Where the application materials are incomplete or fail to comply with the statutory format, it shall notify the applicant of all the particulars that need to be supplemented in writing at one time on spot or within five days. Where it does not accept the application, it shall issue a notification of rejection to the applicant and state the reasons therefor.
Article 17 The Ministry of Information Industry shall, within 20 working days of t
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