Article 1 To regulate Internet domain name services,
protect users' legitimate rights and interests, guarantee the safe and reliable
operation of the Internet domain name system, promote the development and
application of Chinese domain names and top-level domain names of the state,
and promote the healthy development of China's Internet, these Measures are
developed in accordance with Administrative License Law of the People's
Republic of China and the?Decision of the State Council on Establishing
Administrative Licensing for the Administrative Approval Items Really Necessary
to Be Retained and other provisions and by reference to the international rules
on the administration of Internet domain names.
Article 2 Whoever engages in Internet domain name services and its operation and
maintenance, supervision and administration and other related activities within
the territory of the People's Republic of China shall abide by these Measures.
For the purpose of these Measures, “Internet domain name services (hereinafter
referred to as “domain name services”)” means the operation and management of
domain name root servers, operation and management of top-level domain names,
domain name registration, domain name resolution and other activities.
Article 3 The HYPERLINK
"javascript:;" Ministry of Industry and Information Technology shall
conduct supervision and administration of the domain name services nationwide,
with the following main functions:
(1) Developing the rules and policies on Internet domain name administration.
(2) Developing China's Internet domain name system and domain name development
planning.
(3) Managing the domain name root server operating institutions and domain name
registries within the territory of China.
(4) Taking charge of the network and information security management of the domain
name system.
(5) Protecting users' personal information and legitimate rights and interests
in accordance with the law.
(6) Taking charge of the international coordination concerning domain names.
(7) Managing the domain name resolution services within the territory of China.
(8) Managing other activities related to domain name services.
Article 4 The communications administrations of all provinces, autonomous regions
and municipalities directly under the Central Government shall supervise and
administer the domain name services within their respective administrative
regions, with the following main functions:
(1) Implementing the domain name administration laws, administrative
regulations, rules and policies.
(2) Managing the domain name registrars within their respective administrative
regions.
(3) Assisting the Ministry of Industry and Information Technology in managing
domain name root server operating institutions and domain name registries
within their respective administrative regions.
(4) Taking charge of the network and information security management of the
domain name system within their respective administrative regions.
(5) Protecting users' personal information and legitimate rights and interests
in accordance with the law.
(6) Managing the domain name resolution services within their respective
administrative regions.
(7) Managing other activities related to domain name services within their
respective administrative regions.
Article 5 China's Internet domain name system shall be announced by the Ministry
of Industry and Information Technology. ?The Ministry of Industry and
Information Technology may adjust China's Internet domain name system according
to the actual circumstances of domain name development.
Article 6 “.CN” and “.China” are top-level domain names of China.
Chinese domain names are important parts of China's Internet domain name
system. The state encourages and supports the technical research and promotion
and application of Chinese domain name system.
Article 7 The provision of domain name services shall comply with the relevant
laws and regulations of the state as well as the technical specifications and
standards.
Article 8 No organization or individual may obstruct the safe and stable
operation of the Internet domain name system.
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Chapter
II Domain Name
Administration
Article 9 Where a domain name root server or a domain
name root server operating institution, domain name registry or domain name
registrar is to be established within the territory of China, the corresponding
permit issued by the Ministry of Industry and Information Technology or the
communications administration of the province, autonomous region or
municipality directly under the Central Government (hereinafter collectively
referred to as “telecommunications administration”) shall be obtained in
accordance with these Measures.
Article 10 An applicant for the establishment of a domain name root server and the
formation of a root server operating institution shall meet the following
conditions:
(1) The domain name root server is established within the territory of China,
and complies with the relevant planning for Internet development and the
requirements for the safe and stable operation of domain name system.
(2) The applicant is a legal person formed in accordance with the law, and the
legal person and its major investors and major operation and management
personnel have good credit records.
(3) The applicant has the site, capital, environment, professionals and
technical capacity which can ensure the safe and reliable operation of the
domain name server and the information management system which complies with
the requirements of the telecommunications administration.
(4) The applicant has sound network and information security guarantee
measures, including management personnel, network and information security
management system, emergency response plans and relevant technical and
management measures, among others.
(5) The applicant has the capabilities of protecting users' personal
information and providing long-term services, and sound service exit mechanism.
(6) Other conditions as prescribed by laws and administrative regulations.
Article 11 An applicant for the establishment of a domain name registry shall meet
the following conditions:
(1) The domain name management system is established upon within the territory
of China, and the top-level domain names the applicant holds comply with the
relevant laws and regulations and the requirements for the safe and stable
operation of domain name system.
(2) The applicant is a legal person formed in accordance with the law, and the
legal person and its major investors and major operation and management
personnel have good credit records.
(3) The applicant has perfect business development planning and technical proposals
and the site, capital, and professionals appropriate for engaging in top-level
domain name operation management and the information management system that
meets the requirements of the telecommunications administration.
(4) The applicant has sound network and information security guarantee
measures, including management personnel, network and information security
management system, emergency response plans and relevant technical and
management measures, among others.
(5) The applicant has the capabilities of verifying real identity information,
protecting users' personal information and providing long-term services, and
sound service exit mechanism.
(6) The applicant has sound domain name registration service management system
and the supervision mechanism for the domain name registration service
agencies.
(7) Other conditions as prescribed by laws and administrative regulations.
Article 12 An applicant for the establishment of a domain name registration
service organization shall meet the following conditions:
(1) The applicant establishes the domain name registration service system,
registration database and the corresponding domain name resolution system
within the territory of China.
(2) The applicant is a legal person formed in accordance with the law, and the
legal person and its major investors and major operation and management
personnel have good credit records.
(3) The applicant has the site, capital, and professionals appropriate for
engaging in domain name registration services and the information management
system that meets the requirements of the telecommunications administration.
(4) The applicant has the capabilities of verifying real identity information,
protecting users' personal information and providing long-term services, and
sound service exit mechanism.
(5) The applicant has a sound domain name registration service management
system and the supervision mechanism for domain name registration agencies.
(6) The applicant has sound network and information security guarantee
measures, including management personnel, network and information security
management system, emergency response plans and relevant technical and
management measures, among others.
(7) Other conditions as prescribed by laws and administrative regulations.
Article 13 An applicant for the establishment of a domain name root server or a
domain name root server operating institution or domain name registry shall
submit application materials to the Ministry of Industry and Information
Technology. An applicant for the establishment of a domain name registrar shall
submit application materials to the telecommunications administration of the
province, autonomous region or municipality directly under the Central
Government at the place where it is located.
Application materials shall include:
(1) the basic information of the applying entity and the letter of commitment
to operating in good faith in accordance with the law signed by its legal
representative;
(2) certification materials on conducting effective administration of domain
name services, including the certification materials on the relevant system and
place and service capability, management system, and agreements concluded with
other institutions, among others;
(3) network and information security guarantee system and measures; and
(4) materials proving the reputation of the applying entity.
Article 14 Where application materials are complete and in statutory forms, an
telecommunications administration shall issue the application acceptance notice
to the applying entity; if the application materials are incomplete or fail to
be in statutory forms, the telecommunications administration shall notify in
writing the applying entity of all supplements and corrections at one time on
the spot or within five working days; or if the application is not accepted,
the telecommunications administration shall issue a notice on refusing to
accept the application and give the reasons therefor.
Article 15 A telecommunications administration shall, within 20 working days of
receipt of an application, complete the examination thereof, and make a
decision of approval or disapproval. Where no decision can be made within 20
working days, upon approval by the person in charge of the telecommunications
administration, the time limit may be extended by ten working days, and the
reasons for extending the time limit shall be notified to the applying entity.
Where it is necessary to organize expert demonstration, the demonstration time
shall not be included in the examination period.
Where approval is granted, the corresponding permit shall be issued; or where
the application is disapproved, the applying entity shall be notified in
writing and the reasons therefor shall be given.
Article 16 The permit of a domain name root server operating institution, domain
name registry or domain name registrar shall be valid for five years.
Article 17 Where the name, domicile, or legal representative of a domain name root
server operating institution, domain name registry or domain name registrar or
any other information changes, the institution shall undergo the modification
formalities with the original permit issuer within 20 days from the date of the
change.
Article 18 Where, during the validity period of the permit, a domain name root
server operating institution, domain name registry or domain name registrar is
to terminate the relevant services, it shall notify users in writing 30 days in
advance, and propose feasible afterward treatment plan, and submit an written
application to the original permit issuer.
The original permit issuer shall, after receiving the application, publish it
for 30 days. Within 60 days after the ending of the publication period, the
original permit issuer shall complete the examination and make a decision.
Article 19 Where, after the validity period of a permit expires, an institution
needs to continue engaging in domain name services, it shall apply to the
original permit issuer for the renewal thereof 90 days in advance; or where it
will not continue engaging domain name services, it shall report to the
original permit issuer 90 days in advance and effectively conduct the afterward
work.
Article 20 Where a domain name registrar authorizes a domain name registration
agency to conduct market sales or any other work, it shall supervise and
administer the work of the domain name registration agency.
A domain name registration agency shall, when being authorized to conduct
market sales or any other work, take the initiative to show the agency
relationship, and explicitly indicate the name and agency relationship of the
relevant domain name registrar in the domain name registration service
contract.
Article 21 A domain name registry and a domain name registrar shall establish the
corresponding emergency response backup system and regular backup domain name
registration data within the territory of China.
Article 22 A domain name root server operating institution, domain name registry
or domain name registrar shall explicitly indicate the relevant information on
its permit on the homepage of its website or at the conspicuous place of its
business place. A domain name registry shall also indicate the list of the
domain name registrars which cooperate with it.
A domain name registration agency shall indicate the name of the domain name registrar
of which it acts as an agent on the homepage of its website or at the
conspicuous place of its business place.
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Chapter
III Domain Name Services
Article 23 A domain name root server operating
institution, domain name registry or domain name registrar shall provide users
with safe, convenient and stable services.
Article 24 A domain name registry shall, in accordance with these Measures,
develop and publicly disclose the detailed rules for the implementation of
domain name registration.
Article 25 A domain name registry shall provide domain name registration services
through the domain name registrar authorized by the telecommunications
administration.
A domain name registrar shall provide services according to the domain name
registration service items authorized by the telecommunications administration,
and shall not provide domain name registration services for the domain name
registry unauthorized by the telecommunications administration.
Article 26 Domain name registration services shall, in principle, be subject to
the principle of “apply first, register first,” except as otherwise provided
for by the corresponding detailed rules for the implementation of domain name
registration.
Article 27 To safeguard national interests and public interests, a domain name
registry shall establish the reserved word system for domain name registration.
Article 28 The following contents may not be included in any domain name
registered or used by any organization or individual:
(1) Those that are against the basic principles as determined in the
Constitution.
(2) Those that jeopardize national security, divulge state secrets, subvert the
state power, or undermine national unity.
(3) Those that damage national honor and national interests.
(4) Those that incite to?ethnic hatred or discrimination, or disrupt the
national solidarity.
(5) Those that violate the state religious policies or propagate cult and
feudal superstition
(6) Those that spread rumors, disturb public order or disrupt social stability.
(7) Those that spread obscenity, pornography, gambling, violence, homicide or
terror or instigate crimes.
(8) Those that insult or libel others and infringe upon other people's
legitimate rights and interests.
(9) Other contents prohibited by laws and administrative regulations.
No domain name registry or domain name registrar may provide services for
domain names that contain contents as listed in the preceding paragraph.
Article 29 No domain name registrar may require any other party to register any
domain name by taking such improper means as fraud or duress.
Article 30 A domain name registrar shall, in the process of providing domain name
registration services, require an applicant for the registration of a domain
name to provide authentic, accurate and complete identity information on the
holder of the domain name and other domain name registration information.
A domain name registry or domain name registrar shall verify the authenticity
and completeness of the domain name registration information.
Where the domain name registration information provided by an applicant for the
registration of a domain name is inaccurate or incomplete, the domain name
registrar shall require the applicant to make supplements and corrections.
Where the applicant fails to make supplements and corrections or provides
unauthentic domain name registration information, the domain name registrar
shall not provide domain name registration services for it or him.
Article 31 A domain name registrar shall publicize the contents, time limit and
fees of domain name registration services, guarantee service quality, and
provide public consulting services for domain name registration information.
Article 32 A domain name registry or domain name registrar shall store and protect
users' personal information in accordance with the law. No domain name registry
or domain name registrar may offer any user's personal information to any other
party without the consent of the user, except as otherwise provided for by any
law or administrative regulation.
Article 33 Where the contact information of a domain name holder or any other
information changes, it or he shall undergo the formalities for the change of
domain name registration information with the domain name registrar within 30
days after the change.
Where the domain name holder transfers the domain name to any other party, the
transferee shall comply with the relevant requirements for domain name
registration.
Article 34 A domain name holder shall have the right to select or change the
domain name registrar. If the domain name holder changes the domain name
registrar, the original registrar shall assist the domain name holder in
transferring the relevant domain name registration information.
No domain name registrar may obstruct any domain name holder from changing the
domain name registrar without a good reason.
Where the resolution of a domain name is required to be stopped by a
telecommunications administration in accordance with the law, the domain name
registrar shall not be changed.
Article 35 A domain name registry or domain name registrar shall establish a
complaint acceptance mechanism, and publish the ways of accepting complaints on
the homepage of its website or at the conspicuous place of its business place.
A domain name registry or domain name registrar shall handle complaints in a
timely manner; and where a complaint cannot be handled in a timely manner, it
shall give the reasons therefor and the time limit for the handling thereof.
Article 36 Whoever provides domain name resolution services shall abide by the
relevant laws, regulations and standards, have the corresponding technologies
and services and network and information security guarantee capabilities,
implement network and information security guarantee measures, record and retain
in accordance with the law domain name resolution log, maintenance log and
change records, guarantee the quality of resolution services and the security
of the resolution system. Where the operation of telecommunications business is
involved, the telecommunications business permit shall be obtained in
accordance with the law.
Article 37 When domain name resolution services are provided, no resolution
information may be tampered with without authorization.
No organization or individual may maliciously point domain name resolution to
IP address of any other party.
Article 38 When domain name resolution services are provided, no domain name skip
may be provided for a domain name that contains the contents as listed in
paragraph 1 of Article 28 of these Measures.
Article 39 The domain names used by those engaging in Internet information
services shall comply with laws and regulations and the relevant provisions of
telecommunications administrations, and no domain name may be used to commit
any illegal act.
Article 40 A domain name registry or domain name registrar shall support the
inspection conducted by the relevant departments of the state in accordance
with the law, and terminate the resolution of or take any other disposal
measure against the domain names involving illegal acts in accordance with the
requirements of the telecommunications administration.
Where a domain name registry or domain name registrar finds any domain name for
which it provides services issues or transmits any information whose issuance
or transmission is prohibited by any law or administrative regulation, it shall
cancel or terminate the resolution of or take any other disposal measure
against such information immediately to prevent the information from spreading,
preserve relevant records, and report it to the competent department.
Article 41 Domain name root server operating institutions, domain name registries
and domain name registrars shall comply with the relevant laws, regulations and
standards of the state, implement network and information security guarantee
measures, configure necessary network communications emergency equipment, and
establish and improve network and information security monitoring technological
means and emergency response system. Where any network and information security
incident occurs to the domain name system, it shall be reported to the
telecommunications administration within 24 hours.
For the needs of national security and disposal of emergencies, domain name
root server operating institutions, domain name registries and domain name
registrars shall subject themselves to the unified command and coordination of
telecommunications administrations, and abide by the administrative
requirements of telecommunications administrations.
Article 42 Where any organization or individual deems that the domain name
registered or used by any other party infringes upon its or his legitimate
rights and interests, it or he may apply to the domain name dispute resolution
institution for arbitration or?file a lawsuit with the people's court in
accordance with the law.
Article 43 If a registered domain name falls under any of the following
circumstances, the domain name registrar shall cancel it, and notify the holder
of the domain name:
(1) The domain name holder applies for the cancellation of the domain name.
(2) The domain name holder submits false domain name registration information.
(3) The domain name shall be cancelled according to the judgment of the
people's court or the arbitral award of domain name dispute resolution
institution.
(4) Any other circumstance that the domain name shall be cancelled in
accordance with any law or administrative regulation.
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Chapter
IV Supervision and
Inspection
Article 44 Telecommunications administrations shall
strengthen the supervision and inspection of domain name services. Domain name
root server operating institutions, domain name registries and domain name
registrars shall accept and support the supervision and inspection conducted by
telecommunications administrations.
The domain name service industry shall be encouraged to conduct self-discipline
management, and the public shall be encouraged to supervise domain name
services.
Article 45 Domain name root server operating institutions, domain name registries
and domain name registrars shall, in accordance with the requirements of
telecommunications administrations, submit on a regular basis the information
on business implementation, safe operation, implementation of network and
information security responsibilities, and the handling of complaints and
disputes, among others.
Article 46 When a telecommunications administration conducts supervision and
inspection, it shall examine the materials submitted by a domain name root
server operating institution or domain name registry or domain name registrar,
and inspect the its implementation of laws and regulations and the relevant
provisions of the telecommunications administration.
A telecommunications administration may a third-party professional institution
to conduct the relevant supervision and inspection activities.
Article 47 A telecommunications administration shall establish the credit record
system for domain name root server operating institutions, domain name
registries and domain name registrars, and record their violations of these
Measures that have been subject to administrative punishments into credit
archives.
Article 48 The supervision and inspection conducted by telecommunications
administrations shall not obstruct the normal operation and service activities
of domain name root server operating institutions, domain name registries and
domain name registrars, and may not charge any fees nor disclose the domain
name registration information to which they have access.
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Chapter
V Penalty Provisions
Article 49 Where a domain name root server operating
institution, domain name registry or domain name registrar is established
without permission in violation of the provisions of Article 9 of these
Measures, the telecommunications administration shall, in accordance with the
provisions of Article 81 of the Administrative License Law of the People's
Republic of China, take measures to stop the act, and, in light of the
seriousness of the circumstances, give the violator a warning or impose a fine
of not less than 10,000 yuan nor more than 30,000 yuan thereon.
Article 50 Where a domain name registry or domain name registrar, in violation of
the provisions of these Measures, conducts any of the following acts, the
telecommunications administration shall, according to its functions, order it
to take corrective action within a prescribed time limit, and, in light of the
seriousness of the circumstances, impose a fine of not less than 10,000 yuan
nor more than 30,000 yuan thereon, and announce to the public:
(1) It provides domain name registration services for any unauthorized domain
name registry without permission, or provides domain name registration services
through an unauthorized domain service registrar.
(2) It fails to provide services according to the authorized domain name
registration service items.
(3) It fails to verify the authenticity and completeness of the domain name
registration information.
(4) It prevents any domain name holder from changing the domain name registrar
without a good reason.
Article 51 Where a provider of domain name resolution services, in violation of
the provisions of these Measures, conducts any of the following acts, the
telecommunications administration shall order it to take corrective action
within a prescribed time limit, and may, in light of the seriousness of the
circumstances, impose a fine of not less than 10,000 yuan nor more than 30,000
yuan thereon, and announce to the public:
(1) Tampering with domain name resolution information without authorization or
maliciously point domain name resolution to the IP address of any other party.
(2) Providing domain name skip for a domain name that contains the contents as
listed in paragraph 1 of Article 28 of these Measures.
(3) Failing to implement network and information security guarantee measures.
(4) Failing to record and keep the domain name resolution log, maintenance log
or change records in accordance with the law.
(5) Failing to dispose of a domain name involving any illegal act as required.
Article 52 Where the provisions of Article 17, paragraph 1 of Article 18, Article
21, Article 22, paragraph 2 of Article 28, Article 29, Article 31, Article 32,
paragraph 1of Article 35, paragraph 2 of Article 40, or Article 41 are
violated, a telecommunications administration shall, according to its
functions, order the violator to take corrective action within a prescribed
time limit, and may impose a fine of not less than 10,000 yuan nor more than
30,000 yuan thereon, and make an announcement to the public.
Article 53 Where any law or administrative regulation otherwise provides for the
punishment on any relevant violation of laws, the provisions of the relevant
law or administrative regulation shall prevail.
Article 54 Where any organization or individual registers or uses any domain name in
violation of the provisions of paragraph 1 of Article 28 of these Measures,
which constitutes a crime, it or he shall be subject to criminal liability in
accordance with the law; or if the act does not constitute a crime, it or he
shall be punished by the relevant department in accordance with the law.
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Chapter
VI Supplementary
Provisions
Article 55 For the purpose of these Measures, the
following terms have the following meanings:
(1) Domain name: character mark of hierarchical structure, which identifies and
locates a computer on the Internet and corresponds to the IP address of that
computer.
(2) Chinese domain name: the domain name containing Chinese characters.
(3) Top-level domain name: the name of the first level domain under the root
node in the domain name system.
(4) Domain name root server: the server that bears the function of root nodes
in the domain name system (including a mirror image server).
(5) Domain name root server operating institution: the institution that obtains
a permit in accordance with the law, and operates, maintains and manages the
domain name root servers.
(6) Domain name registry: the administrative institution that obtains a permit
in accordance with the law, and is responsible for operating, maintaining and
managing top-level domain names.
(7) Domain name registrar: the institution that obtains a permit in accordance
with the law, accepts an application for the registration of domain names, and
completes the registration of any domain name in top-level domain name database.
(8) Domain name registration agency: an institution that is authorized by a
domain name registrar to accept an application for the registration of domain
names, and indirectly completes the registration of any domain name in
top-level domain name database.
(9) Domain name management system: the main information systems needed by a
domain name registry for conducting the operation and management of top-level
domain names within the territory of China, including registration management
system, registration database, domain name resolution system, domain name
information inquiry system, and identity information verification system, among
others.
(10) Domain name skip: the skip, when visiting a domain name, to any other
domain name, IP address or network information system, among others, bound or
pointed to by the domain name.
Article 56 For the purpose of these Measures, “days” means natural days, except
that they are specified as working days.
Article 57 Whoever fails to provide domain name services with a corresponding
permit before the implementation of these Measures shall undergo the licensing
formalities in accordance with the provisions of these Measures within 12
months from the date when these Measures come into force.
Where a domain name root server operating institution, domain name registry or
domain name registrar has obtained a permit before the implementation of these
Measures, the valid period of its permit shall be governed by the provisions of
Article 16 of these Measures, and start form the date when these Measures come
into force.
Article 58 These Measures shall come into force on November 1, 2017. The Measures
for the Administration of Internet Domain Names of China (Order No. 30, the
former Ministry of Information Industry) issued on November 5, 2004 shall be
repealed concurrently. For any discrepancy between these Measures and the
relevant provisions issued before the implementation of these Measures, these
Measures shall prevail.
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