Article
1. China
Internet Domain Name Regulations (hereafter referred to as the Regulations)
are formulated in accordance with the relevant provisions of the state
and with reference to the international rules for the administration
of Internet domain names, with a view to promoting the development
of the Internet in China, safeguarding the secure and reliable operation
of China Internet Domain Names System and regulating the administration
of China Internet domain names System.
Article
2. The
Regulations shall be observed in the registration of domain names
and in the activities with relation thereto within the territory of
the People's Republic of China.
Article
3. The
definitions of the following terms mentioned in the Regulations are
as follows:
(1) "Domain
name" refers to the character identification of hierarchical
structure that identifies and locates a computer on the Internet and
corresponds to the IP address of this computer;
(2) "Chinese domain name" refers to the domain name that
contains Chinese characters;
(3) "Domain name root server¡± refers to the server that bear
the function of root nodes in the domain name system;
(4) "Institution for operating domain name root server"
refers to the institution that is responsible for operating, maintaining
and administering the domain name root servers;
(5) "Top-level domain (TLD)" refers to the name of the first
level domain under the root node in the domain name system;
(6) "Registry" refers to the administration institution
that is responsible for operating, maintaining and managing one or
more top-level domain names and administering the registration of
domain names under this top-level domain name; and
(7) "Registrar" refers to the service institution that accepts
and audits the application for the domain name registration, and completes
the registration process in the domain name database.
Article
4. Any
organization or individual shall not take any action to hamper the
normal operation of Internet Domain Names System in China.
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Chapter
II Administration of Domain Names
Article
5. The
Ministry of Information Industry is responsible for the administration
of the Internet domain names in China, Its major functions and responsibility
are as follows:
(1) formulating
the regulations and policies concerning the administration of the
Internet domain names;
(2) establishing the system for Country(or Regional)Code Top Level
Domain (ccTLD) under .CN and Chinese domain names;
(3) administering the registry of .CN ccTLD and the Chinese domain
names;
(4) administering the operational institution of domain name root
servers, which sets up and operates the domain names root servers
within the territory of the People' Republic of China;
(5) supervising and administering the service of domain name registration;
and
(6) be in charge of the international coordination regarding to domain
names.
Article
6. China
Internet domain names system shall be promulgated by the Ministry
of Information Industry in form of proclamation. The Ministry of Information
Industry may adjust the Internet domain name system partially and
re-promulgate it according to the actual development of domain names.
Article
7. Chinese
domain names are integral part of the Domain Names System of China.
The Ministry of Information Industry shall encourage and support the
technical research, gradual spreading and application of Chinese Domain
Names.
Article
8. The
administration of domain names shall be conducted level-by-level.
The domain name registry and holders of each level domain names shall
be responsible for the administration of registration of lower level
domain names and the related service according to the requirements
of the Regulations and other relevant provisions.
Article
9. The
domain name registry is responsible for operating and administering
the corresponding domain name system, maintaining the domain name
database and authorizing the registrars to provide the domain name
registration services. Its main functions and responsibility include:
(1) operating,
maintaining and administering the corresponding top-level domain name
servers and database and ensure the secure and reliable operation
of the domain name system;
(2) formulating the rules concerning the domain name registration in accordance with the Regulations;
(3) selecting domain name registrars based on the principle of non-discrimination;
and
(4) supervising and administering the registration service provided
by domain name registrars.
Article
10. The
establishment of domain names root servers, domain name registrars
and domain names root server operational institutions within the territory
of the People's Republic of China shall be authorized by the Ministry
of Information Industry.
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Chapter
III Administration of Registrars
Article
11. The
establishment of the domain name registry within the territory of
the People's Republic of China shall be put on record with the Ministry
of Information Industry.
Any organization
or individual shall not engage in the service of the domain name registration
without being recorded.
Article
12. Any
organization that engages in the service of the domain name registration
shall meet the following conditions:
(1) being an a legal person established according to the laws;
(2) having sufficient funds and appropriate professionals to provide
domain name registration services;
(3) having the reputation and ability of providing services in the
long-term;
(4) having the services development plan and the related technical
resolutions;
(5) having perfect measures for safeguarding the security of the networks
and information; and
(6) other requirements prescribed by the Ministry of Information Industry.
Article
13. Any
organization that engages in the service of domain name registration
shall go through the recording procedure with the Ministry of Information
Industry. When going through the procedures, it shall submit the following
documents:
(1) the legal
person certificate;
(2) the categories of domain names that are proposed to be registered;
(3) the cooperation agreement signed with the relevant domain name
registry;
(4) the model clauses of the user service agreement;
(5) the service development plan and the related technical resolutions;
and
(6) the verification of the measures for safeguarding the security
of networks and information.
Article
14. If
such registration information as the name, address or legal representative
of the domain name registrar changes or the cooperative relationship
between the registrar and the registry changes or terminates, domain
name registrar shall record such situation with the Ministry of Information
Industry within 30 days after the change or termination.
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Chapter
IV Domain Name Registration
Article
15. The
domain name registry shall formulate in accordance with the Regulations
the detailed implementation rules for the domain name administration
and registration that shall come into force after being reported to
the Ministry of Information Industry for record.
Article
16. The
domain name registration adopts the principle of first come, first
serve.
Article
17. When
expanding the range of the domain name registration, the domain name
registry may specify the duration of pre-registration, make necessary
reservations for certain words and provide corresponding search service
on its website.
Except for
the articles provided in preceding paragraphs, the domain name registry
and registrars shall not reserve domain names or do so in disguised
form. During the process of domain name registration, the registry
and registrars shall not represent any actual or potential domain
name holder.
Article
18. The
domain name registry and registrars shall publish the contents, durations
and fees of domain name registration, provide public search service
for the domain name registration information and ensure the quality
of the domain name registration service.
Article
19. Any
of the following contents shall not be included in any domain name
registered and used by any organization or individual:
(1) those
that are against the basic principles prescribed in the Constitution;
(2) those jeopardize national security, leak state secrets, intend
to overturn /span> the government, or disrupt of state integrity;
(3) those harm national honor and national interests;
(4) those instigate hostility or discrimination between different
nationalities, or disrupt the national solidarity;
(5) those violate the state religion policies or propagate cult and
feudal superstition;
(6) those spread rumors, disturb public order or disrupt social stability;
(7) those spread pornography, obscenity, gambling, violence, homicide,
terror or instigate crimes;
(8) those insult, libel against others and infringe other people's
legal rights and interests; or
(9) other contents prohibited in laws, rules and administrative regulations.
Article 20. The
applicant for the registration of a domain name shall comply with
the laws, rules and administrative regulations of the state concerning
the Internet, and the relevant provisions concerning domain name registration
formulated by the registry and submit the authentic, accurate and
complete information of domain name registration.
Article
21. The
operation and administration fee for registered domain names shall
be paid on schedule by the registrant. The domain name registry shall
formulate the specific measures for the fee collection and submit
to the Ministry of Information Industry for approval.
Article
22. The
applicant of the domain name registration becomes the holder of the
registered domain name immediately after the registration of the domain
name.
The liability
for the infringement of others' legal rights and interests arising
from holding or using a domain name shall be borne by the holder of
the domain name.
Article
23. If
the registration information of a domain name changes, the holder
of the domain name shall file the registration of such change with
the domain name registrar within 30 days after such change.
Article
24. The
holder of a domain name may select or change the domain name registrar.
If the holder of a domain name changes the domain name registrar,
the original registrar shall bear the obligation of transferring the
registration information of the domain name holder.
Article
25. If
a registered domain name involves any of the following conditions,
the original registrar shall write it off and notify the holder of
the domain name in written form:
(1) the domain
name holder or its agent/reseller applies for the cancellation of
the domain name;
(2)the information on the registration of the domain name submitted
by the domain name holder is unauthentic, inaccurate or incomplete;
(3)the domain name holder fails to pay the corresponding fees in accordance
with the provisions;
(4)the domain name shall be written off in accordance with the judgment
by the people's court, arbitration institution or the domain name
dispute resolution institution; or
(5)the domain name is in violation of the provisions of these provisions
and the relevant laws and regulations.
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Chapter
V Domain Name Disputes
Article
26. The
domain name registry may designate a neutral institution for resolving
domain name disputes.
Article
27. If
any person complains to the domain name dispute resolution institution
concerning a registered domain name or a domain name in use, which
conforms to the requirements specified in the domain name dispute
resolution policy, the domain name holder shall participate in the
proceedings for the resolution of the dispute on the domain name.
Article
28. The
decisions of the domain name dispute resolution institution shall
only determine whether to change the information of the holder of
the domain name in dispute.
If the decision
of the domain name dispute resolution institution is in conflict with
the legally effective judgment of the people's court or the arbitration
organization, the legally effective judgment of the people's court
or the arbitration organization prevails.
Article
29. If
a domain name dispute is being processed by the people's court, the
arbitration organization or the domain name dispute resolution institution,
the domain name holder shall not transfer the domain name in dispute,
unless the transferee of the domain name agrees in writing to be subject
to the judgment by the people's court, the arbitration institution
or the domain name dispute resolution institution.
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Chapter
VI Penalty Provisions
Article
30. Any
person who violates the provisions of Article 4, Article 10, Article
11 and Article 14 of the Regulations, hampers the normal operation
of the Internet domain names Systems in China, sets up the domain
names root server without authorization, sets up the operational institution
for the operation of domain name root servers without authorization
or engages in the service of the domain name registration without
authorization and record or provides the domain name registration
service beyond the items on the record shall be ordered by the Ministry
of Information Industry to make corrections within the specified period
, and shall, depending on the circumstances, be warned or imposed
a fine of not more than RMB30,000 Yuan.
Article
31. Any
person who violates the provisions of Article 17, Article 18 of the
Regulations shall be ordered by the Ministry of Information Industry
to make corrections within the specified period, and shall, depending
to the circumstances, be warned or imposed a fine of not more than
RMB30, 000 Yuan.
Article
32. Any
person who violates the provisions of Article 19, and whose act constitute
a crime, he or she shall be prosecuted for his or her criminal activities according to the
laws; If the act has not constituted a crime, he or she shall be penalized
by the relevant institutions of the state in accordance with the provisions
of the relevant laws, rules and administrative regulations.
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Chapter
VII Supplementary Provisions
Article
33. The
domain name registrars which begin the registration service of Internet
domain names prior to the entry into force of the Regulations shall
go through the record procedures in accordance with the provisions
of the Regulations within 60 days from the date of the entry into
force of the Regulations.
Article
34. The
Regulations shall go into force as of September 30, 2002. Should there
be any discrepancies in the meanings between the current and former
version of the Regulations, the current version shall prevail.