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

undermining solidarity of nationalities， or infringing upon the customs and habits of the nationalities；

　　（5） Destroying State policies on religions， or spreading cults or superstitions；

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

　　（7） Disseminating obscenity， gambling， violence， or instigating others to commit crimes；

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

　　（9） Harming the social ethics or the excellent cultural traditions of the nationalities；

　　（10） Other contents prohibited by laws or administrative regulations.

　　Article 15 Neither an operating entity nor an Internet user shall conduct any of the following acts that endanger the security of information or networks：

　　（1） Internationally producing or spreading computer virus and other destructive programs；

　　（2） Illegally intruding into a computer information system or destroying the functions， data or applications of a computer information system；

　　（3） Other activities prohibited by laws or administrative regulations.

　　Article 16 An operating entity shall link to the Internet through the Internet service provider that has acquired the business permit pursuant to law， and no other method shall be used to link to the Internet.

　　The computers provided by an operating entity to the Internet users to use must be linked to the Internet through local area network， and may not be linked to the Internet directly.

　　Article 17 An operating entity may not operate any non-net games.

　　Article 18 Neither an operating entity nor an Internet user may make use of the net games or other methods to gamble or gamble in a disguised form.

　　Article 19 An operating entity shall use technical measures for its management， establish the system of in-house patrol， and if finding out any act listed in Articles 14， 15， 18 of the present Regulations or other illegal acts by the Internet users， stop such acts immediately and report to the departments of cultural administration and

public security.

　　Article 20 An operating entity shall hang the Permit for Network Cultural Business Operations and the business license up at an eye-catching position at the business site.

　　Article 21 An operating entity may not accept any minors to enter its business site.

　　An operating entity shall hang up a sign prohibiting minors from entering at an eye-catching position at the entrance of its business site.

　　Article 22 The business hours of an operating entity shall be limited to 8：00 to 24：00 in a day.

　　Article 23 An operating entity shall verify and register the identification cards or other valid certificates of the Internet users， and shall record the relevant net information. The registration and records reserved shall be kept for at least 60 days， and shall be provided when the departments of culture administration or public security consult them pursuant to law. The registration and records reserved may not be modified or deleted during the period of keeping.

　　Article 24 An operating entity shall perform its duties with respect to the security of information and networks， the public security and the fire control， and shall observe the following provisions：

　　（1） To prohibit lighting by fire or smoking， and hang the signs of no smoking；

　　（2） To prohibit carrying in and keeping inflammable and explosive articles；

　　（3） Not to install fixed and closed doors， windows or fences；

　　（4） To prohibit blocking or locking the doors and windows， the protected channels for evacuation or the safety exits；

　　（5） Not to stop using safety technical measures without permission.

　　Chapter 4 Rules for Punishment

　　Article 25 If any department of cultural administration， public security， industry and commerce administration or other relevant departments and the personnel thereof take advantage of their posts to accept property or other benefits from others and illegally approve any operating entity that fails to meet the legal conditions for establishment， or fail to perform their supervisory duties pursuant to law， or fail to investigate and punish the illegal acts found out， and thus violate the criminal law， the directly responsible personnel in charge and other directly responsible personnel shall be prosecuted for criminal responsibilities according to the provisions of the criminal law on the crimes of accepting bribes， abusing powers， neglecting duties or other crimes； those whose circumstances are not serious enough for criminal punishment shall be given the administrative sanctions of demotion， removal or dismiss.

　　Article 26 If the personnel of the departments of cultural administration， public security， industry and commerce administration or other relevant departments engage in the business activities of Internet access services or do so in a disguised form， participate in the business activities conducted by the operating entities or do so in a disguised form， they shall be given the administrative sanctions of demotion， removal or dismiss.

　　If the departments of cultural administration， public security， industry and commerce administration or other relevant departments conduct any of the acts listed in the preceding paragraph， the directly responsible personnel in charge and other directly responsible personnel shall be given administrative sanctions pursuant to law.

　　Article 27 If anyone， in violation of the present Regulations， establishes a business site of Internet access services without permission， or engages in the business activities of Internet access services without permission， the department of industry and commerce administration shall， or together with the departments of public security， ban the offender， close down the site of illegal business activities， seize the special tools and equipment for illegal business activities； and the criminal responsibilities of those vio

lating the criminal law shall be prosecuted； for those whose circumstances are not serious enough for criminal punishment， the department of industry and commerce administration shall confiscate their illegal gains and the special tools and equipment used in the illegal business activities； if the illegal business income is more than 10，000 yuan， a fine of more than 5 times but less than 10 times of the illegal business income shall be imposed on the offender concurrently； if the illegal business income is less than 10，000 yuan， a fine of more than 10，000 yuan but less than 50，000 yuan shall be imposed on the offender concurrently.

　　Article 28 If an operating entity， in violation of the present Regulations， alters， leases， lends or assigns through other forms the Permit for Network Cultural Business Operations and violates the criminal law， it shall be prosecuted for criminal responsibilities pursuant to the provisions of the criminal law on the crimes of forging， altering or trading official documents， credentials and seals of the state organs； for those whose circumstances are not serious enough for criminal punishment， the department of cultural administration shall revoke their Permit for Network Cultural Business Operations and confiscate the illegal gains； if the illegal business income is more than 5，000 yuan， a fine of more than 2 times but less than 5 times of the illegal business income shall be imposed on the offender concurrently； if the illegal business income is less than 5，000 yuan， a fine of more than 5，000 yuan but less than 10，000 yuan shall be imposed on the offender concurrently.

　　Article 29 If an operating entity， in violation of the present Regulations， makes use of the business site to produce， download， reproduce， consult， promulgate， spread or use through other forms the information containing the contents prohibited as provided for by Article 14 and violates the criminal law， it shall be prosecuted for criminal responsibilities； for those whose circumstances are not serious enough for criminal punishment， the organs of public security shall give a warning and confiscate the illegal gains； if the illegal business income is more than 10，000 yuan， a fine of more than 2 times but less than 5 times of the illegal business income shall be imposed on the offender concurrently； if the illegal business income is less than 10，000 yuan， a fine of more than 10，000 yuan but less than 20，000 yuan shall be imposed on the offender concurrently； if the circumstances are serious， the offender shall be ordered to stop the business for rectification， or even be deprived of its Permit for Network Cultural Business Operations by the department of cultural administration.

　　An Internet user who commits any of the illegal acts listed in the preceding paragraph and violates the criminal law shall be prosecuted for criminal responsibilities pursuant to law； those whose circumstances are not serious enough for criminal punishment may be given punishments by the department of public security pursuant to the regulations on administrative punishments concerning public security.

　　Article 30 If an operating entity， in violation of the present Regulations， commits any of the following acts， the department of cultural administration shall give it a warning and may impose on it a fine of less than 15，000 yuan concurrently； if the circumstances are serious， the offender shall be ordered to stop the business for rectification or even be deprived of its Permit for Network Cultural Business Operations：

　　（1） Running business during the period other than the prescribed business hours；

　　（2）

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