中国互联网络域名管理办法 Administration of China Internet Domain Names Procedures

in name holder shall take part in the proceedings for resolving disputes over domain names.

　　Article 38　The decision of a domain name dispute resolution institution shall apply only to changes in the information on the holder of the disputed domain name.

　　If the decision of a domain name dispute resolution institution is not in accord with the legally effe

ctive judgment made by a people's court or an arbitration institution， the judgment of the people's court or the arbitration institution shall prevail.

　　Article 39　The holder of a disputed domain name may not transfer that domain name while the dispute is being dealt with by a people's court， an arbitration institution or a domain name dispute resolution institution， except where the party to which the domain name is being transferred agrees in writing to be bound by the judgment of the people's court， the arbitration institution or the institution resolving the domain name dispute.

　　PART FIVE　LEGAL LIABILITY

　　Article 40　Those who are in violation of Article 8 or 11 hereof establish without authorization domain name root servers or domain name root server operators， or domain name registration administrators or domain name registration service providers without administrative licence， the Ministry of Information Industry shall， in accordance with Article 81 of the PRC， Administrative Licensing Law， adopt measures to stop them from conducting business or providing services， and depending on the seriousness of the situation， issue a warning or impose a fine of not more than Rmb 30，000.

　　Article 41　Where a domain name registration service provider provides domain name registration services that exceed the approved scope of items， it shall be ordered by the Ministry of Information Industry to rectify the matter within a stipulated time limit. Where it fails to rectify the matter within the stipulated time limit， the Ministry of Information Industry shall， in accordance with Article 81 of the PRC， Administrative Licensing Law， adopt measures to stop it from providing services that exceed the scope， and depending on the seriousness of the situation， issue a warning or impose a fine of not more than Rmb 30，000.

　　Article 42　Those who violate Article 5， 18， 19， 20， 25， 26， 32 or 35 hereof shall be ordered by the Ministry of Information Industry to rectify the matter within a stipulated time limit and， depending on the seriousness of the situation， be warned or subject to a fine of not more than Rmb 30，000.

　　Article 43　Those who violate Article 27 hereof and such act constitutes a criminal offence， criminal liability shall be pursued. If the act does not constitute a criminal offence， they shall be penalized by the relevant State authorities in accordance with the provisions of relevant laws and administrative regulations.

　　PART SIX　SUPPLEMENTARY PROVISIONS

　　Article 44　Domain name registration service providers providing domain name registration services prior to the implementation of these Procedures shall complete registration procedures with the Ministry of Information Industry within 60 days of the implementation of these Procedures.

　　Article 45　These Procedures shall be effective as of 20 December 2004. The Administration of China Internet Domain Names Procedures （Ministry of Information Industry Order No. 24） shall be repealed simultaneously

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