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Administrative Measures on Internet Information Services

0 CommentsPrint E-mail ChinaITLaw.org, January 20, 2010
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Article 6. To engage in operational Internet information services, the following conditions must be satisfied, in addition to compliance with the requirements provided in the Telecommunications Regulations of the People's Republic of China:

(1) having a business development plan and a related technology scheme;

(2) having sound and complete measures for the protection of network and information security, including measures for the protection of website security, an administrative system for the security and confidentiality of information and an administrative system for the security of user information; and

(3) for service items that fall under the scope provided in Article 5 of these Measures, having obtained approval documents from the relevant supervisory departments.

Article 7. To engage in operational Internet information services, an application shall be made to the telecommunications administration authority of a province, autonomous region or municipality directly under the central government or the supervisory department for the information industry under the State Council to obtain an operating permit for Internet information services, which is a value-added telecommunications business (hereinafter referred to as the "operating permit").

The telecommunications administration authority of the province, autonomous region or municipality directly under the central government or the supervisory department for the information industry under the State Council shall complete the examination within 60 days from the date of receipt of the application and issue a decision approving or rejecting the application. If approval is granted, an operating permit will be issued. If approval is refused, a written notice with an explanation of the reasons will be issued.

After the applicant has obtained the operating permit, it shall carry out registration procedures with the enterprise registration authorities based on such operating permit.

Article 8. To engage in non-operational Internet information services, procedures to file for the record shall be carried out with the telecommunications administration authority of a province, autonomous region or municipality directly under the central government or the supervisory department for the information industry under the State Council. The following materials shall be submitted at the time of filing:

(1) basic information of the unit providing the services and persons responsible for the website;

(2) address of the website and the service items provided; and

(3) for service items that fall within the scope provided in Article 5 of these Measures, approval documents obtained from the relevant supervisory departments.

The telecommunications administration authority of a province, autonomous region or municipality directly under the central government shall accept for filing for the record filing materials that have been submitted to it, if complete, and shall issue a filing number therefor.

Article 9. For those engaging in Internet information services who intend to operate electronic notice services, a special application or a special filing for the record shall be made in accordance with relevant provisions of the State when applying for the permit for operational Internet information services or when carrying out the filing procedures for non-operational Internet information services.

Article 10. The telecommunications administration authorities of provinces, autonomous regions and municipalities directly under the central government and the supervisory department for the information industry under the State Council shall publish a list of Internet information service providers that have obtained operating permits or completed filing procedures.

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