Legal Ground

Website registration filing:

Article 4 of the Administrative Measures for Internet Information Services (Order No. 292 of the State Council): “The State establishes a licensing system for profitable Internet information service and a filing system for non-commercial Internet information service. Anyone who does not obtain a license for profitable Internet information service or file for record its non-profitable Internet information service shall not be engaged in such activities”.

Article 3 of the Measures for the Archival Administration of Non-commercial Internet Information Services (formerly order No. 33 of the Ministry of Information Industry): “Whoever plans to provide non-operational Internet information services shall go through the procedures for archiving in the provincial telecommunications administration at the locality of his domicile.”

Public security filing record

Article 11 of the Regulations of the People’s Republic of China on Protecting the Safety of Computer Information Systems:

A computer information system connected to the international network shall be reported by its using organization to public security organs of the people’s government at the provincial level or above for record.

Article 11 of the Administrative Measures for the Security Protection of Computer Information Networks Linked to the Internet:

A user should fill in the user record form when going through the formalities of access to the network at the receiving unit. The record form shall be made under the supervision of the Ministry of Public Security.

Article 12: Internetworking units, receiving units, legal persons and other organizations that use the international networking of computer information networks(including cross-province, cross-autonomous region and cross-municipality directly under the Central Government internetworking units and their subordinate branches) should, within 30 days starting from the date of formal hooking up of the network, go through the formalities for the record at the processing agencies designated by the public security organs of people’s governments of the provinces, autonomous regions and municipalities directly under the Central Government wherein the units are located. The units listed in the preceding paragraph shall be responsible to report the information on the receiving units and users hooked up to the network to local public security organs and report in time changes in the receiving units and users of the network.

Article 14: The units involving such important fields as state affairs, economic construction, national defense construction, highly sophisticated science and technology and others shall, while going through the formalities for the record, present the proof of examination and approval of its competent administrative department. Corresponding security protection measures shall be taken in the computer information networks and international networking of units listed in the preceding paragraph.

Article 16: Computer administration and supervision agencies of public security organs should keep themselves abreast of the record information of the networking units, receiving units and users, establish record files, make record statistics and report level by level in accordance with relevant state provisions.

Article 23: Whoever fails to fulfill the responsibilities of putting on record in violation of the provisions of Articles 11 and 12 of these Measures shall be administered a warning or imposed a penalty of shutting down the computers for consolidation not exceeding 6 months by the public security organ.

Processing requirements

Engaging in non-commercial Internet information services within the territory of the People’s Republic of China.


Beijing

The Beijing administration bureau submission requirements:

Submissions required for the new entity:

1. The “Website record Information authenticity verification form” shall be signed and sealed by the person in charge of the website (only the name of the website owner, the domain name of the website and the seal and signature of the person in charge of the website are required; Other than hand writing for the date and signature, the other information must be printed)

2. In the “Filing registration form”, when the website owner is not the same person as the person in charge of the business entity, the same mobile phone number cannot be used for both categories, the person in charge’s mobile phone number must be consistent with the city their office is located.

3. “Information security management responsibility statement”

4. Letter of authorization, in the case that the person in charge is a legal person, a letter of authorization will not be required

5. Scanned copies of the original of duplicate business license (for the military, government organs, institutions and social organizations, their organization code certificate that has passed the latest annual examination should suffice)

6. Scanned copy of the legal person’s ID card in its original form (if the legal person does not possess a Chinese ID card, other valid identification documents include: passport, military officer’s certificate, mainland travel permit for Taiwan residents)

7. Scanned copy of the legal person’s (the one with their picture taken) ID card in its original form, (if the person does not possess a Chinese ID card, other valid identification documents include: passport, military officer’s certificate, mainland travel permit for Taiwan residents)

8. Scanned copy of the person in charge of the business entity’s ID card in its original form, when this is the same person as the person in charge of the website, just one ID will suffice (if the person does not possess a Chinese ID card, other valid identification documents include: passport, military officer’s certificate, mainland travel permit for Taiwan residents)

9. Domain name certificate (the domain owner stated on the certificate submitted by the website owner must be consistent with the identification of the website owner, the administration bureau will not accept inconsistent documentation) one copy of certificate shall be submitted with each corresponding domain name

The above filing documentation shall be stamped with the official seal with the exception of the original scanned copies. The verification sheet shall be submitted in duplicate and other documentations in single copies. The person in charge of the website must come to our premises to have their photographs taken for verification purposes, this applies to every registration filing. The date of photograph must be consistent with the date of the inspection certificate before the administration bureau can approve the filing! (The website may not be launched during the filling review period)

Note:

1. Please bring your official seal at your own convenience. Problems occurred during the filing application can be rectified on site. When there are no easy access to your organization’s official, please send your application form beforehand for us to preview.

2. If the website involves forums, BBS, message boards and other interactive columns, the corresponding ICP certificate and BBS approval must be provided.

3. If the website involves pre-approved content, please provide the pre-approval documentation.

1) Publication 2) Radio, Film and Television 3) Culture 4) Drugs and Medical Devices 5) Education 6) News 7) Health Care

4. The Beijing administration bureau stipulates that the domain name for filing must be a domestic domain name registered in the People’s Republic of China.

5. Please make an appointment in advance for taking your photograph, to avoid unexpected delays in case our staffs are unavailable.

Related Documents:

beijing-beian01.docx

beijing-beian02.docx

beijing-beian03.doc

beijing-beian04.pdf

beijing-beian05.pdf



Guangzhou

The Guangdong administration bureau submission requirements:

Submissions required for the new entity:

1. The “Website record Information authenticity verification form” shall be signed and sealed by the person in charge of the website (only the name of the website owner, the domain name of the website and the seal and signature of the person in charge of the website are required; Other than hand writing for the date and signature, the other information must be printed)

2. In the “ICP filing registration form”, when the website owner is not the same person as the person in charge of the business entity, the same mobile phone number cannot be used for both categories, the person in charge’s mobile phone number must be consistent with the city their office is located

3. “Information security management responsibility statement”

4. Letter of authorization, in the case that the person in charge is a legal person, a letter of authorization will not be required

5. Scanned copies of the original of duplicate business license (for the military, government organs, institutions and social organizations, their organization code certificate that has passed the latest annual examination should suffice)

6. Scanned copy of the legal person’s ID card in its original form (if the legal person does not possess a Chinese ID card, other valid identification documents include: passport, military officer’s certificate, mainland travel permit for Taiwan residents)

7. Scanned copy of the legal person’s (the one with their picture taken) ID card in its original form, (if the person does not possess a Chinese ID card, other valid identification documents include: passport, military officer’s certificate, mainland travel permit for Taiwan residents)

8 Scanned copy of the person in charge of the business entity’s ID card in its original form, when this is the same person as the person in charge of the website, just one ID will suffice (if the person does not possess a Chinese ID card, other valid identification documents include: passport, military officer’s certificate, mainland travel permit for Taiwan residents)

9. Domain name certificate (the domain owner stated on the certificate submitted by the website owner must be consistent with the identification of the website owner) one copy of certificate shall be submitted with each corresponding domain name

Attention:

The above filing documentation shall be stamped with the official seal with the exception of the original scanned copies. The verification sheet shall be submitted in duplicate and other documentations in single copies. The person in charge of the website must come to our premises to have their photographs taken for verification purposes! (The website may not be launched during the filling review period)

1. The person in charge of the entity must be a legal person.

2. The documentation submitted for new access must be consistent with the record information filed by the original access provider before being examined by the administration, in the case of inconsistencies, the original access provider shall be contacted for amendments.

3. For new websites/amendments submission, the administration bureau will first check all the historical record information in the name of the original entity, and the information must be correct before it is submitted for examination and approval of the new submission (the following points are the reasons that submissions are often returned by the administration bureau):

1) Whether the website under the entity is operating normally, the record information of the operating website must be truthful, effective and support normal visits, please apply for cancellation if the website has been closed or has not been launched.

2) Domain names with inconsistent prefixes should be directed to different websites, when directed to the same website, please note on the remarks for the website in question.

4. The domain name for filing must be a domestic domain name registered in the People’s Republic of China

5. Please bring your official seal at your own convenience. Problems occurred during the filing application can be rectified on site. When there are no easy access to your organization’s official, please send your application form beforehand for our filing reviewer to examine and approve.

6. If the website involves forums, BBS, message boards and other interactive columns, the corresponding ICP certificate and BBS approval must be provided.

7. If the website involves pre-approved content, please provide the pre-approval documentation.

1) Publication 2) Electronic Bulletin Service 3) Radio, Film and Television 4) Culture 5) News 6) Drugs and Medical Devices

8. Please make an appointment one working day in advance for taking your photograph to avoid delaying your filing.

Related Documents:

guangzhou-beian01.docx

guangzhou-beian02.doc

guangzhou-beian03.doc

guangzhou-beian04.doc


The filing process

The filling photography location

Beijing

6/F, WeiShi Buiding, 39 Xueyuan Road, Haidian District, Beijing

Tel:86-10-84519900

Guangzhou

B-H Unit, 20/F, Chengjian Building, 189 Tiyu Xilu, Tianhe District, Guangzhou

Tel:86-020-83759000

Jinan

Num. 3305, No. 1 Yinzuojingdu Building, Shunhe East Street, Shizhong District, Jinan

Tel:86-0531-66683761

Shanghai

5/F, Block A, Guangqi Cultural Plaza, 2899 Xietu Road,Xuhui District, Shanghai

Tel:86-21-24261717

Shenzhen

4/F, Science and Technology Industrial Building, 6 Keyuan Road, Central District, Nanshan Science and Technology Park, Shenzhen City, Guangdong Province

Tel:86-0755-86639716

Filing knowledge base

I. Considerations

1. In accordance with the “Administrative Measures for Internet Information Services”, when provided with false information for the record filling, the website shall be closed and the filing canceled by the Provincial Communications Administration where the applicant is located.

2. In accordance with Article 27 of the Measures for the Administration of Internet Domain Names of China, domain names registered and used by any organization or individual shall not contain any of the following:
(1) Those object to the basic principles laid down in the Constitution;
(2) Endangering state security, divulging state secrets, subverting state power or undermining national unity;
(3) Harmful to the honor and interests of the State;
(4) Instigating ethnic hatred or discrimination and undermining ethnic unity;
(5) Undermining the state’s religious policy and propagating cults and feudal superstitions;
(6) Spreading rumors, disturbing public order and undermining social stability;
(7) Spreading obscenity, pornography, gambling, violence, murder, terror or instigating the commission of a crime;
(8) Insulting or slandering others or infringing upon the lawful rights and interests of others;
(9) Containing other contents prohibited by laws or administrative regulations.

II. What is pre-approval?

Pre-approval refers to some special website content in the filings, the need to conduct filings at a relevant authorities, and obtaining a filing number upon approval. Types of websites that involve pre-approve: publication, electronic bulletin service, radio, film and television, culture, news, drugs and medical devices.


III. What are the main legal and regulatory grounds for the filing of websites, the operation of websites and the coordination of related work?