互联网上网服务营业场所管理条例 Regulations on the Administration of Business Sites of Internet Access Services

国务院令第363号

颁布日期：20020929 　实施日期：20021115 　颁布单位：国务院

　　Order [2002] No.363 of the State Council

　　September 29， 2002

　　Chapter 1 General Provisions

　　Article 1 The present Regulations have been formulated to strengthen the administration of business sites of Internet access services， to regulate the business actions of the operators， to safeguard the legal rights and interests of the public and the operators， to guarantee the healthy development of the business activities of Internet access services and to promote the building of socialist spiritual civilization.

　　Article 2 Business sites of Internet access services in these Measures shall mean the sites of a profit-making nature， such as network bars， computer lounges etc， which provide the public with Internet access services through computer and other equipment.

　　The sites that are affiliated to schools and libraries and that provide certain objects with Internet access services for obtaining the materials and information shall not be governed by the present Regulations， but shall conform to the relevant laws and regulations.

　　Article 3 The operating entities of business sites of Internet access services （hereinafter referred to as operating entities） shall abide by the relevant laws and regulations， enhance the industrial self-discipline， voluntarily accept the supervision and administration by the relevant governmental departments in accordance with law and provide good services to the Internet users.

　　The Internet users in the business sites of Internet access services shall abide by the relevant laws and regulations， comply with social ethics， and access to the Internet in a civilized and healthy way.

　　Article 4 The departments of cultural administration of the people's governments at or above the county level shall be in charge of the examination and approval of the establishment of operating entities， and shall be in charge of the supervision and administration of the business activities of those operating entities established pursuant to law； the departments of public security shall be in charge of the supervision and administration of the security of information and networks， public security and fire control of the operating entities； the departments of industry and commerce administration shall be in charge of the registration and the management of business licenses of the operating entities， and shall investigate and punish the unlicensed business activities pursuant to law； the departments of telecommunication administration and other relevant departments shall， within their respective scope of duties， supervise and administer the operating entities in accordance with the present Regulations， and the relevant laws and administrative regulations.

　　Article 5 The personnel of the departments of cultural administration， public security， industry and commerce administration and other relevant departments may not engage in any business activities of Internet access services or do so in a disguised form， neither may they participate in any business activities conducted by the operating entities or do so in a disguised form.

　　Article 6 The state encourages the citizens， legal persons and other organizations to supervise the business activities of the operating entities， and will reward those with outstanding contributions.

　　Chapter 2 Establishment

　　Article 7 The state applies a permission system with respect to the operating entities. Without permission， no organization or individual may establish any business site of Internet access services or engage in any business activities of Internet access services.

　　Article 8 To establish an operating entity， one shall employ the organizational form of enterprise and meet the following conditions：

　　（1） Having the name， domicile， organizational structures and

articles of association of an enterprise；

　　（2） Having the funds that match its business activities；

　　（3） Having the business sites that match its business activities and in conformity with the conditions for fire control provided for by the state；

　　（4） Having a sound and perfect management system for security of information and networks and the corresponding technical measures for security；

　　（5） Having fixed net addresses， and computers and subsidiary equipment that match its business activities；

　　（6） Having the personnel for operation and management， for security management and the technical professionals that match its business activities and having obtained the practicing qualifications；

　　（7） Other conditions provided for by laws， administrative regulations and the relevant departments under the State Council.

　　The minimum area for business operations， the quantities of computers and subsidiary equipment， and the standard for the area of a single seat in the business sites of Internet access services shall be provided for by the department of cultural administration under the State Council.

　　In the examination and approval of operating entities， apart from the conditions provided for in Paragraphs 1 and 2 of this Article， the total number of operating entities and the requirements for their layout provided for by the department of cultural administration under the State Council and the departments of cultural administration of the people's governments of the provinces， autonomous regions and municipalities directly under the central government shall also be met.

　　Article 9 No business site of Internet access services may be set up within 200 meters around the campus of any secondary or elementary schools or in any residential buildings （yards）。

　　Article 10 To establish an operating entity， one shall file an application with the department of cultural administration of the local people's governments at or above the county level， and shall submit the following documents：

　　（1） Notice of the approval-in-advance of the enterprise name and the articles of association；

　　（2） Identification certifications of the legal representatives or the major principals；

　　（3） Credit certifications；

　　（4） Title certifications or the letter of intent on lease of the business sites；

　　（5） Other documents need to be submitted pursuant to law.

　　Article 11 The department of cultural administration shall make the decision within 20 workdays from the day of receipt of the application for establishment； and issue the documents of approval for preparation to those that meet the conditions after examination.

　　After finishing the preparation， an applicant shall， by taking with it the documents of approval for preparation， apply for the examination of security of information and networks and fire control security with the department of public security at the corresponding level. The department of public security shall make the decision within 20 workdays from the day of receipt of the application； and shall issue the documents of approval if the applicant passes the examination of spot inspection.

　　The applicant shall， by taking with it the documents of approval produced by the departments of public security， apply for the final examination with the department of cultural administration， which shall make the decision within 15 workdays from the day of receipt of the application pursuant to Article 8 of the present Regulations； and issue the Permit for Network Cultural Business Operations to those passing the examination of spot inspection.

　　If the department of cultural administration finds out that an application fails to meet the conditions， or the department of public security finds out the application is unqualified， they shall respectively explain the reasons to the applicant by written

form.

　　The applicant may not start its business before it， by taking with it the Permit for Network Cultural Business Operations， applies for registration with the department of industry and commerce administration and draws the business license according to law.

　　Article 12 An operating entity may not alter， lease， lend or assign through other forms the Permit for Network Cultural Business Operations.

　　Article 13 If an operating entity is to change the address of a business site or to rebuild or expand a business site， to change the number of computers or other important matters， it shall obtain the consent of the original organ of examination.

　　If an operating entity is to change its name， domicile， legal representative or major principal， registered capital， net address or to terminate the business activities， it shall make the alteration registration or written-off registration with the department of industry and commerce administration pursuant to law， and shall go through the relevant formalities or put that on record with the departments of cultural administration and public security.

　　Chapter 3 Business Operations

　　Article 14 Neither an operating entity nor an Internet user shall make use of a business site of Internet Access Services to produce， download， reproduce， consult， promulgate， spread or use through other forms the information containing any of the following contents：

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

　　（2） Endangering the unification， sovereignty and territorial integrity of the state；

　　（3） Divulging state secrets， endangering state security or humiliating the national honor or damaging the interests of the state；

　　（4） Inciting national enmity or discrimination，

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