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Provisions on the Administration of Internet News and Information Services

0 CommentsPrint E-mail ChinaITLaw.org, January 21, 2010
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Article 7 Internet news and information services entities fulfilling Item 1 of Clause 1 of Article 5 shall be subject to the following conditions:

(1) They shall have complete administrative rules and regulations

(2) They have more than five full-time news journalists with more than three years of information work experience

(3) They have the necessary facilities, equipment, and capital, and such capital shall be from legal sources.

The institutions applying to establish Internet news and information services entities shall be central news organizations of the provinces, autonomous regions, and municipalities directly under the central government and news organizations directly under the municipalities of the people's governments of the provinces and autonomous regions.

The examination and approval for the establishment of Internet news and information service entities, in addition to complying with Clause 1, shall be in accordance with the requirements for the total number, structure, and distribution of Internet news and information services entities of the Information Office of the State Council.

Article 8 The establishment of Internet news and information services entities complying with Item 2 of Clause1 of Article 5 and in accordance with Clauses 1 and 3 of Article 7, in addition shall have more than ten full-time news editors, of whom more than five shall have more than three years experience working in news and information entities.

The organization that applies to establish an Internet news and information services entity prescribed by the above clause shall be a lawfully established legal entity engaging in Internet news and information services for more than two years and it shall not have violated any of the laws, rules, and regulations on Internet news and information services in the last two years; the applying organization shall be an enterprise legal person and it shall have a minimum of RMB 10,000,000 in registered capital.

The examination and approval for the establishment of Internet news and information services entities complying with Clause 1 of this article shall be in accordance with these provisions, in addition to conforming with the planning for the total number, structure, and distribution of Internet news and information entities as required by the Information Office of the State Council.

Article 9 No organization may establish an Internet news and information services entity that is operated by a Chinese-foreign equity or contractual joint venture, or a wholly foreign-owned enterprise.

Internet news and information services entities that cooperate with Chinese-foreign equity or contractual joint ventures, or wholly foreign-owned enterprises within China or abroad shall report to the Information Office of the State Council to provide a security evaluation.

Article10. The organization applying to establish an Internet news and information services entity under Items 1 and 2 of Clause 1 of Article 5 shall fill out an application and registration form and shall submit the following documents:

(1) Administrative rules and regulations for Internet news and information services;

(2) Documents of proof of the right to use the work-site and proof of the sources and amount of funds.

(3) Documents of proof of the qualifications of the news personnel.

An institution that applies to establish an Internet news and information services entity in accordance with Item 1 of Clause 1 of Article 5 shall submit documents of proof of the qualifications of the news organization; An organization that applies to establish an Internet news and information services entity in accordance with Item 2 of Clause 1 of Article 5 shall submit documents of proof of the legal person.

Article 11 Anyone who applies to establish an Internet news and information services entity in accordance with Items 1 and 2 of Clause 1 of Article 5 shall apply to the Information Office of the State Council; news organizations under provinces, autonomous regions, and municipalities directly under the central government, news organizations under the municipalities of the people's governments of the provinces and autonomous regions, and non-news organizations shall submit an application through the local Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government to the Information Office of the State Council.

For those applying through the local Information Offices of the people's government of the provinces, autonomous regions, and municipalities directly under the central government, the Information Office of the people's government of the provinces, autonomous regions, and municipalities directly under the central government shall carry out an on-site examination within twenty days of receipt of the application and make a preliminary opinion report to the Information Office of the State Council; the Information Office of the State Council shall make a decision within forty days of receipt of the opinion on the preliminary examination. For those applying to the Information Office of the State Council, the Information Office of the State Council shall make an on-site examination and make a decision within forty days of receipt of the application. If the application is approved, an "Internet News and Information Services Permit" shall be issued to the applicant; if the application is not approved, the reason for rejection shall be stated.

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