The Measures for the Administration of Filing of Non operational Internet Information Services, which were deliberated and adopted at the 12th ministerial meeting of the Ministry of Information Industry of the People's Republic of China on January 28, 2005, are hereby promulgated and shall come into force as of March 20, 2005.
Director: Wang Xudong
February 8, 2005
Administrative Measures for Filing Non operational Internet Information Services
Article 1 These Measures are formulated in accordance with the Measures for the Administration of Internet Information Services, the Telecommunication Regulations of the People's Republic of China and other relevant laws and administrative regulations in order to regulate the filing and filing management of non operational Internet information services and promote the healthy development of the Internet information service industry.
Article 2 These Measures shall apply to the provision of non operational Internet information services within the territory of the People's Republic of China, the fulfillment of filing procedures and the implementation of filing management.
Article 3 The Ministry of Information Industry of the People's Republic of China (hereinafter referred to as "the Ministry of Information Industry") supervises and guides the filing management of non business Internet information services nationwide, and the communication administrations of provinces, autonomous regions and municipalities directly under the Central Government (hereinafter referred to as "the provincial communication administrations") To specifically implement the filing management of non operational Internet information services, those who intend to engage in non operational Internet information services shall go through the filing procedures with the provincial communication administration where they are domiciled.
Article 4 The provincial communication administration shall follow the principles of openness, fairness and impartiality in the filing management, and provide convenient, high-quality and efficient services. When engaging in non operational Internet information services, non operational Internet information service providers shall abide by the relevant provisions of the State and accept the supervision and administration implemented by the relevant departments according to law.
Article 5 The provision of non operational Internet information services within the territory of the People's Republic of China shall go through the filing procedures according to law. Without filing, they shall not engage in non operational Internet information services within the territory of the People's Republic of China. The provision of non operational Internet information services within the territory of the People's Republic of China as mentioned in these Measures refers to the provision of non operational Internet information services by organizations or individuals within the territory of the People's Republic of China using websites accessed through Internet domain names or websites accessible only through Internet IP addresses.
Article 6 The provincial communication administration adopts online filing management through the filing management system of the Ministry of Information Industry.
Article 7 Those who intend to engage in non operational Internet information services shall truthfully fill in the Registration Form of Non operational Internet Information Services (hereinafter referred to as the "Registration Form of Filing", the format of which is shown in the appendix of these Measures) through the filing management system of the Ministry of Information Industry, and go through the filing procedures. The Ministry of Information Industry will adjust and publish the Record Registration Form according to the actual situation.
Article 8 Those who intend to engage in non operational Internet information services through access to operational Internet networks may entrust Internet access service operators, Internet data center business operators, and telecommunications business operators who provide access services to their websites in other ways to go through the procedures of filing, change of filing, cancellation of filing, etc. on their behalf.
Article 9 If it is planned to engage in non-profit Internet information services through access to the China Education and Scientific Research Computer Network, China Science and Technology Network, China International Economic and Trade Internet, China Great Wall Internet and other public welfare Internet networks, the public welfare Internet unit that provides Internet access services for its website may perform the procedures of filing, change of filing, cancellation of filing, etc. on its behalf.
Article 10 Internet access service business operators, Internet data center business operators, telecommunications business operators and public welfare Internet network units that provide access services to websites by other means (hereinafter collectively referred to as "Internet access service providers") It is not allowed to perform filing, filing change, filing cancellation and other procedures on behalf of organizations or individuals that have known or should have known that the filing information of organizations or individuals intended to engage in non operational Internet information services is untrue.
Article 11 Those who plan to engage in Internet information services such as news, publishing, education, medical care, drugs and medical devices, culture, radio, film and television programs, which should be examined and approved by relevant competent departments according to laws, administrative regulations and relevant national regulations, It shall also submit the documents approved by relevant competent departments to the provincial communication administration where it is located. Those who plan to engage in electronic announcement service shall also submit special filing materials of electronic announcement service to the provincial communication administration where they are located when fulfilling the filing procedures.
Article 12 After receiving the filing materials submitted by the registrant, the provincial communication administration shall file the complete materials within 20 working days, issue the electronic verification mark and filing number to the registrant, and release the relevant filing information to the public through the filing management system of the Ministry of Information Industry; If the materials are not complete, they will not be filed, and the filing person will be notified within 20 working days with reasons.
Article 13 Non operational Internet information service providers shall indicate their filing number in the central position at the bottom of the home page when their websites are opened, and link to the website of the filing management system of the Ministry of Information Industry as required below the filing number for public inquiry and verification. Non operational Internet information service providers shall place the electronic verification marks for filing in the designated directory of their websites according to the requirements of the filing management system of the Ministry of Information Industry when their websites are opened.
Article 14 If a non operational Internet information service provider needs to change the information filled in its Record Registration Form within the validity period of the record, it shall log in the record system of the Ministry of Information Industry 30 days in advance to go through the record change procedures with the original record authority. Article 15 If a non operational Internet information service provider needs to terminate the provision of services within the period of validity of the record, it shall log on the record system of the Ministry of Information Industry on the date of termination of the service and go through the formalities of cancellation of the record with the original record authority.
Article 16 Non business Internet information service providers shall ensure the legality of the information provided.
The information content provided by non business Internet information service providers as mentioned in these Measures refers to the information content included under the Internet domain name or IP address of the website of Internet information service providers.
Article 17 The Provincial Communications Administration shall establish management mechanisms such as reputation management, social supervision and situation investigation to supervise and manage non business Internet information service activities.
Article 18 Internet access service providers shall not provide Internet access services for non business Internet information services of organizations or individuals without filing. The Internet access service provider shall immediately suspend or terminate the provision of Internet access services to non business Internet information service providers or organizations or individuals illegally engaged in non business Internet information services who are punished by the provincial communication administration for temporarily closing the website or closing the website.
Article 19 Internet access service providers shall record the filing information of non business Internet information service providers they access. The Internet access service provider shall, in accordance with the relevant national regulations, do a good job in the dynamic management of user information, record retention, harmful information reporting and other network information security management, and supervise the accessed users according to the requirements of the Ministry of Information Industry and the Provincial Communications Administration.
Article 20 The Provincial Communications Administration shall, in accordance with the law, conduct an annual review of the filing of non operational Internet information services. The provincial communication administration bureau conducts annual audit online through the filing management system of the Ministry of Information Industry.
Article 21 Non operational Internet information service providers shall log on to the filing management system of the Ministry of Information Industry at the specified time each year to perform the annual review procedures.
Article 22 If anyone, in violation of the provisions of Article 5 of these Measures, fails to fulfill the filing procedures to provide non operational Internet information services, the provincial communication administration where he is domiciled shall order him to make corrections within a time limit and impose a fine of 10000 yuan; Those who refuse to make corrections shall close the website. If a service is provided for a project beyond the record, the provincial communications administration where the project is located shall order it to make corrections within a time limit and impose a fine of not less than 5000 yuan but not more than 10000 yuan; If they refuse to correct, they shall close the website and cancel the filing.
Article 23 If anyone, in violation of the provisions of the first paragraph of Article 7 of these Measures, fills in false filing information, the provincial communication administration where he is domiciled shall close the website and cancel the filing.
Article 24 Those who violate the provisions of Article 10, Article 18 and Article 19 of these Measures shall be ordered to make corrections by the provincial communication administration where the violation occurs, and shall be fined 10000 yuan.
Article 25 If anyone, in violation of the provisions of Article 13 of these Measures, fails to link to the website of the filing management system of the Ministry of Information Industry under its filing number, or fails to place the electronic verification mark for filing under the directory designated by its website, the provincial communication administration where he is domiciled shall order him to make corrections and impose a fine of not less than 5000 yuan but not more than 10000 yuan.
Article 26 In case of violation of the provisions of Article 14 and Article 15 of these Measures and failure to fulfill the formalities for change of record within the specified time, or failure to fulfill the formalities for cancellation of record according to law, the provincial communication administration where the residence is located shall order correction within a time limit and impose a fine of 10000 yuan.
Article 27 If a non operational information service provider violates the relevant national laws and regulations and should suspend or terminate its services according to law, the Provincial Communications Administration can temporarily close the website or close the website and cancel the filing according to the written confirmation opinions of the same level authorities authorized by laws and administrative regulations.
Article 28 In the annual audit, if a non operational Internet information service provider has any of the following circumstances, the provincial communication administration where it is located shall order it to correct within a time limit through the filing system of the Ministry of Information Industry and other media; If it refuses to make corrections, it shall close the website and cancel the filing: (1) it fails to log on to the filing website and submit the annual review information within the specified time; （2） State departments such as the press, education, public security, security, culture, radio, film and television, publishing, confidentiality, etc. put forward annual review and veto opinions on the special content in their charge according to law.
Article 29 These Measures shall come into force as of March 20, 2005.