互联网信息服务管理办法 Administration of Internet Information Services Procedures

国务院令第292号
(Promulgated by the State Council on, and effective as of, 25 September 2000.)
颁布日期：20000925 　实施日期：20000925 　颁布单位：国务院

　　Article 1　These Procedures have been formulated in order to regulate internet information service activities and promote the healthy and orderly development of internet information services.

　　Article 2　Anyone that engages in internet information service activities in the People's Republic of China must abide by these Procedures.

　　For the purposes of these Procedures, the term "internet information services" means the service activity of providing information services through the internet to online subscribers.

　　Article 3　Internet information services are divided into commercial and non-commercial services.

　　The term "commercial internet information services" means service activities such as compensated provision to online subscribers through the internet of information services or website production, etc.

　　The term "non-commercial internet information services" means the service activity of non-compensated provision to online subscribers through the internet of information that is in the public domain and openly accessible.

　　Article 4　The State subjects commercial internet information services to a permit system and non-commercial internet information services to a record-filing system.

　　No one may engage in the provision of internet information services without having obtained permission or carried out record-filing procedures.

　　Article 5　Where, according to laws, administrative regulations or relevant State regulations, engagement in the provision of internet information services in respect of news, publishing, education, medical treatment, health, pharmaceuticals or medical apparatus, etc. requires the examination and consent of the relevant competent authority, the consent of the relevant competent authority shall be obtained in accordance with the law, before applying for an operating permit or carrying out record-filing procedures.

　　Article 6　In addition to meeting the requirements of the PRC, Telecommunications Regulations the following conditions shall be met in order to engage in the provision of commercial internet information services:

　　1. having a business development plan and a relevant technical plan;

　　2. having in place sound procedures to ensure network and information security, including procedures to ensure website security, a system to manage the security and confidentiality of information and a system to manage the security of subscriber information; and

　　3. if the services to be provided fall under the services covered in Article 5 hereof, having obtained the written consent of the relevant competent authority.

　　Article 7　Anyone wishing to engage in the provision of commercial internet information services shall apply to the telecommunications administration authority of the province, autonomous region or municipality directly under the central government or the State Council's department in charge of the information industry for an Internet Information Services Value-added Telecommunications Service Operating Permit (Operating Permit).

　　The telecommunications administration authority of the province, autonomous region or municipality directly under the central government or the State Council's department in charge of the information industry shall complete its examination and render its decision to approve or reject the application within 60 days of the date of the receipt thereof. If it grants its approval it shall issue an Operating Permit and if it refuses to grant its approval it shall notify the applicant in writing explaining its reasons for rejecting the application.

　　After the applicant has obtained its Operating Permit, it shall carry out registration procedures with the enterprise registration aut

hority on the strength of such permit.

　　Article 8　Anyone wishing to engage in the provision of non-commercial internet information services shall carry out record-filing procedures with the telecommunications administration authority of the province, autonomous region or municipality directly under the central government or the State Council's department in charge of the information industry. When carrying out the record-filing procedures, the following materials shall be submitted:

　　1. basic information on the work unit providing the services and the persons responsible for the website;

　　2. the website's URL and the services to be provided; and

　　3. if the services to be provided fall under the services covered in Article 5 hereof, the document attesting to the consent of the relevant competent authority.

　　The telecommunications administration authority of the province, autonomous region or municipality directly under the central government shall grant record-filing and assign a number to those that have submitted all the record-filing materials.

　　Article 9　Anyone wishing to engage in the provision of internet information services and intending to launch electronic bulletin board services shall submit a special application or carry out special record-filing procedures in accordance with the relevant State regulations when applying for permission to engage in the provision of commercial internet information services or when carrying out the procedures for record-filing of non-commercial internet information services.

　　Article 10　The telecommunications administration authorities of the provinces, autonomous regions and municipalities directly under the central government and the State Council's department in charge of the information industry shall publish lists of those internet information service providers that have obtained Operating Permits or completed record-filing procedures.

　　Article 11　Internet information service providers shall provide services in accordance with those items for which they have obtained permission or which they have placed on the record. They may not provide services outside the scope of those items for which they have obtained permission or which they have placed on the record.

　　Providers of non-commercial internet information services may not engage in the provision of compensated services.

　　When an internet information service provider changes such matters as the services that it provides or the URL(s) of its website(s), etc., it shall carry out amendment procedures with its original examination, approval and permit issuing authority or record-filing authority.

　　Article 12　Internet information service providers shall post their Operating Permit numbers or record-filing numbers in a prominent place on the home pages of their websites.

　　Article 13　Internet information service providers shall provide good service to online subscribers and ensure that the information that they provide is lawful.

　　Article 14　Internet information service providers that engage in the provision of such services as news, publishing or electronic bulletin board services, etc. shall keep a record of the information they provide, the times of dissemination and the URLs or domain names. Internet access service providers shall keep a record of such information as the times online subscribers are online, the subscribers' account numbers, the URLs or domain names, the callers' telephone numbers, etc.

　　Internet information service providers and internet access service providers shall keep copies of such records for 60 days and shall provide them to the relevant State authorities when the latter make inquiries in accordance with the law.

　　Article 15　Internet information service providers may not produce, reproduce, disseminate or broadcast information with content that:

　　1. opposes the fund

amental principles determined in the Constitution;

　　2. compromises State security, divulges State secrets, subverts State power or damages national unity;

　　3. harms the dignity or interests of the State;

　　4. incites ethnic hatred or racial discrimination or damages inter-ethnic unity;

　　5. sabotages State religious policy or propagates heretical teachings or feudal superstitions;

　　6. disseminates rumours, disturbs social order or disrupts social stability;

　　7. propagates obscenity, pornography, gambling, violence, murder or fear or incites the commission of crimes;

　　8. insults or slanders a third party or infringes upon the lawful rights and interests of a third party; or

　　9. includes other content prohibited by laws or administrative regulations.

　　Article 16　If an internet information service provider discovers information transmitted through its website that clearly falls within the scope of content enumerated in Article 15 hereof, it shall immediately stop the transmission thereof, save the relevant records and make a report thereon to the relevant authority.

　　Article 17　If a commercial internet information service provider applies to be listed in China or abroad or to establish an equity or cooperative joint venture with a foreign investor, it shall first be examined by, and obtain the consent of, the State Council's department in charge of the information industry. The ratio of the foreign investment shall comply with relevant laws and administrative regulations.

　　Article 18　The State Council's department in charge of the information industry and the telecommunications administration authorities of the provinces, autonomous regions and municipalities directly under the central government shall superv

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