Decree No. 24 of the Ministry of Information Industry of the People's Republic of China
The Measures for the Administration of Internet Domain Names in China, which were adopted at the 9th ministerial meeting on March 14, 2002, are hereby promulgated and shall come into force as of September 30, 2002.
Minister Wu Jichuan
August 1, 2002
catalog
general provisions
Chapter II Domain Name Management
Chapter III Management of Domain Name Registration Service Organizations
Chapter IV Domain Name Registration
Chapter V Domain Name Dispute
Chapter VI Penalty Provisions
Chapter VII Supplementary Provisions
general provisions
Article 1 In order to promote the development of China's Internet, ensure the safe and reliable operation of China's Internet domain name system, and regulate the management of China's Internet domain name system, these Measures are formulated in accordance with relevant national regulations and with reference to the international Internet domain name management guidelines.
Article 2 The domain name registration services and related activities within the territory of the People's Republic of China shall comply with these Measures.
Article 3 The meanings of the following terms in these Measures are:
（1） Domain name: It is a hierarchical character identifier for identifying and locating computers on the Internet, corresponding to the Internet Protocol (IP) address of the computer.
（2） Chinese domain name: refers to the domain name containing Chinese characters.
（3） Domain name root server: refers to the server that undertakes the function of root node in the domain name system.
（4） Domain name root server operation organization: refers to the organization responsible for the operation, maintenance and management of the domain name root server.
（5） Top level domain name: refers to the name of the first level domain under the root node in the domain name system.
（6） Domain name registration authority: refers to the authority responsible for the operation, maintenance and management of one or more top-level domain names, and the management of domain name registration services at all levels below these top-level domains.
（7） Domain name registration service organization: refers to the service organization that accepts and reviews domain name registration applications and completes domain name registration in the domain name database.
Article 4 No organization or individual may take any means to impede the normal operation of the Internet domain name system in China.
Chapter II Domain Name Management
Article 5 The Ministry of Information Industry is responsible for the management of Internet domain names in China. The main responsibilities are:
（1） Formulate rules and policies for the management of Internet domain names;
（2） Formulate national (or regional) top-level domain name CN and Chinese domain name system;
（3） Domain name registration authority that manages national (or regional) top-level domain name CN and Chinese domain name;
（4） Manage the DNS root server operating agencies that set up and operate DNS root servers in the People's Republic of China;
（5） Supervise and manage domain name registration services;
（6） Responsible for international coordination related to domain names.
Article 6 The domain name system of China's Internet shall be announced by the Ministry of Information Industry in the form of announcement. According to the actual situation of domain name development, the Ministry of Information Industry can make partial adjustments to the Internet domain name system and re publish it.
Article 7 Chinese domain names are an important part of China's domain name system. The Ministry of Information Industry encourages and supports the technical research and gradual popularization and application of the Chinese domain name system.
Article 8 The domain name management shall adopt the level by level management method. Domain name registration authorities and domain name holders at all levels are responsible for the registration management and services of their lower level domain names according to the requirements of these Measures and relevant regulations.
Article 9 The domain name registration authority is responsible for running and managing the corresponding domain name system, maintaining the domain name database, and authorizing the domain name registration service agency to provide domain name registration services. Main responsibilities include:
（1） Run, maintain and manage the corresponding top-level domain name server and database to ensure the safe and reliable operation of the domain name system;
（2） Formulate relevant provisions on domain name registration in accordance with these Measures;
（3） Select the domain name registration service agency according to the principle of non discrimination;
（4） Supervise and manage the domain name registration services of domain name registration service agencies.
Article 10 The establishment of a domain name root server, a domain name registration authority and a domain name root server operating agency within the territory of the People's Republic of China must be authorized by the Ministry of Information Industry.
Chapter III Management of Domain Name Registration Service Organizations
Article 11 The establishment of a domain name registration service agency within the territory of the People's Republic of China shall be filed with the Ministry of Information Industry.
Without filing, no organization or individual may engage in domain name registration services.
Article 12 To engage in domain name registration services, the following conditions shall be met:
（1） It is an enterprise legal person or institution legal person established according to law;
（2） Having funds and specialized personnel suitable for domain name registration activities;
（3） Having the reputation or ability to provide long-term service for users;
（4） There are business development plans and relevant technical solutions;
（5） Have sound network and information security measures;
（6） Other conditions stipulated by the Ministry of Information Industry.
Article 13 Anyone who is engaged in domain name registration services shall go through the filing formalities with the Ministry of Information Industry. The following materials shall be submitted when filing:
（1） Legal person qualification certificate;
（2） Domain name project to provide registration service;
（3） Cooperation agreements signed with relevant domain name registration authorities;
（4） Model User Service Agreement;
（5） Business development plan and relevant technical solutions;
（6） Proof of technical guarantee measures for network and information security.
Article 14 When the name, address, legal representative and other registration information of a domain name registration service agency changes or the cooperation between the domain name registration service agency and its domain name registration authority changes or terminates, the domain name registration service agency shall report to the Ministry of Information Industry for filing within 30 days after the change or termination.
Chapter IV Domain Name Registration
Article 15 The domain name registration authority shall, in accordance with these Measures, formulate detailed rules for the implementation of its domain name registration administration, which shall be implemented after being reported to the Ministry of Information Industry for filing.
Article 16 Domain name registration services shall follow the principle of "first application, first registration".
Article 17 The domain name registration authority may set a pre registration period when expanding the scope of domain name registration, protect some reserved words as necessary, and provide inquiries on its website.
In addition to the provisions of the preceding paragraph, domain name registration authorities and registration services shall not reserve or reserve domain names in disguised form. The domain name registration authority and the registration service agency shall not represent any actual or potential domain name holder in the process of providing domain name registration services.
Article 18 The domain name registration authority and the domain name registration service agency shall publish the content, time limit and fees of domain name registration services, provide public query services for domain name registration information, and ensure the quality of domain name registration services.
Article 19 The domain name registered and used by any organization or individual shall not contain the following contents:
（1） Opposing the basic principles set forth in the Constitution;
（2） Endangering national security, divulging state secrets, subverting state power and undermining national unity;
（3） Damage to national honor and interests;
（4） Inciting national hatred and discrimination, and undermining national unity;
（5） Those who undermine the state's religious policy and promote heresy and feudal superstition;
（6） Spreading rumors, disturbing social order and undermining social stability;
（7） Spreading obscenity, pornography, gambling, violence, murder, terror or abetting crime;
（8） Insult or slander others, and infringe upon their legitimate rights and interests;
（9） Containing other contents prohibited by laws and administrative regulations.
Article 20 Domain name registration applicants shall abide by the national laws, administrative regulations and rules on the Internet, comply with the relevant provisions on domain name registration formulated by the domain name registration authority, and submit true, accurate and complete domain name registration information.
Article 21 The registered domain name shall pay the domain name operation and management fees on schedule. The domain name registration authority shall formulate specific charging methods for domain name operation and management fees, and report to the Ministry of Information Industry for approval.
Article 22 After the domain name registration is completed, the domain name registration applicant shall become the holder of its registered domain name.
If the legitimate rights and interests of others are infringed due to the possession or use of the domain name, the responsibility shall be borne by the domain name holder.
Article 23 If the domain name registration information changes, the domain name holder shall apply to the domain name registration service agency for changing the registration information within 30 days after the change.
Article 24 The domain name holder may choose and change the domain name registration service agency. If the domain name holder changes the domain name registration service agency, the original domain name registration service agency shall assume the obligation to transfer the registration information of the domain name holder.
Article 25 The original domain name registration service agency shall cancel the registered domain name and notify the domain name holder in writing in case of any of the following circumstances:
（1） The domain name holder or its agent applies for cancellation of the domain name;
（2） The domain name registration information submitted by the domain name holder is untrue, inaccurate and incomplete;
（3） The domain name holder fails to pay the corresponding fees as required;
（4） It should be cancelled according to the judgment made by the people's court, arbitration institution or domain name dispute settlement institution;
（5） Violation of the Measures and relevant laws and regulations.
Chapter V Domain Name Dispute
Article 26 The domain name registration authority may designate a neutral domain name dispute resolution agency to resolve domain name disputes.
Article 27 If any person files a complaint against a domain name that has been registered or used with a domain name dispute resolution agency and meets the conditions specified in the domain name dispute resolution method, the domain name holder shall participate in the domain name dispute resolution process.
Article 28 The decision made by the domain name dispute resolution agency only involves the change of the information of the disputed domain name holder.
If the award made by the domain name dispute settlement institution is inconsistent with the legally effective award of the people's court or arbitration institution, the award of the domain name dispute settlement institution shall be subject to the legally effective award of the people's court or arbitration institution.
Article 29 During the period when a domain name dispute is handled by a people's court, an arbitration institution or a domain name dispute resolution institution, the domain name holder shall not transfer the disputed domain name, unless the domain name transferee agrees in writing to be bound by the people's court's judgment, arbitration award or the dispute resolution institution's award.
Chapter VI Penalty Provisions
Article 30 Those who violate the provisions of Articles 4, 10, 11 and 14 of these Measures, impede the normal operation of the Internet domain name system in China, set up a root server without authorization, set up a root server operating agency without authorization, engage in domain name registration services without filing, or provide domain name registration services for projects beyond the filing, The Ministry of Information Industry shall order it to make corrections within a time limit and, depending on the seriousness of the case, give a warning or impose a fine of less than 30000 yuan.
Article 31 Those who violate the provisions of Articles 17 and 18 of these Measures shall be ordered by the Ministry of Information Industry to make corrections within a time limit, and given a warning or fined less than 30000 yuan depending on the seriousness of the case.
Article 32 Those who violate the provisions of Article 19 of these Measures and constitute a crime shall be investigated for criminal responsibility according to law; If the case does not constitute a crime, the relevant state organ shall punish it in accordance with the provisions of relevant laws and administrative regulations.
Chapter VII Supplementary Provisions
Article 33 Domain name registration service institutions that have already provided Internet domain name registration services before the implementation of these Measures shall, within 60 days after the implementation of these Measures, go through the filing procedures in accordance with the provisions of these Measures.
Article 34 These Measures shall come into force as of September 30, 2002. In case of any inconsistency between the previously published regulations on the administration of Internet domain names and these Measures, these Measures shall prevail.