Administrative Provisions on Short Message Services
Administrative Provisions on Short Message Services
Administrative Provisions on Short Message Services
Order of the Ministry of Industry and Information Technology No.31
May 19, 2015
The Administrative Provisions on Short Message Services, adopted at the 14th executive meeting of the Ministry of Industry and Information Technology on May 6, 2015, are hereby promulgated for implementation as of June 30, 2015.
Miao Wei, Minister
Administrative Provisions on Short Message Services
Chapter I General Provisions
Article 1 In order to standardize the short message services, safeguard the legitimate rights and interests of users, and promote the sound development of the short message service market, the Administrative Provisions on Short Message Services (hereinafter referred to as the "Provisions") are formulated in accordance with the Decision of the Standing Committee of the National People's Congress on Strengthening Network Information Protection, the Telecommunications Regulations of the People's Republic of China and other relevant laws and administrative regulations.
Article 2 The rendering and use of short message services within the territory of the People's Republic of China shall be governed by the Provisions.
Article 3 The Ministry of Industry and Information Technology takes charge of the supervision and administration over short message services all over the country.
The communications administrations in all provinces, autonomous regions and municipalities directly under the Central Government take charge of the supervision and administration over short message services within their respective administrative areas.
The Ministry of Industry and Information Technology and communications administrations in all provinces, autonomous regions and municipalities directly under the Central Government are collectively referred to as the telecommunications administrative authorities.
Article 4 In case of rendering and use of short message services, the laws, administrative regulations and relevant provisions stipulated by the telecommunications administrative authorities shall be abided by and it is not allowed to conduct illegal activities through short message services.
Article 5 It is encouraged that the relevant industry associations develop a self-discipline management system relating to short message services in accordance with the law so as to instruct the members to strengthen the self-discipline management.
Chapter II Short Message Service Standards
Article 6 In case of operation of short message services, a telecommunications business operating license shall be obtained in accordance with the law.
A basic telecommunications business operator shall not render network or service access used for operation of short message services for the entities or individuals failing to obtain a telecommunications business operating license.
Article 7 A basic telecommunications business operator shall accurately record the name, access code, access address and other information of a short message service provider accessing its network.
Article 8 A short message service provider shall formulate the rules for short message services, inform the users of the information relevant to them through a service contract, network access protocol or otherwise, and shall not infringe the legitimate rights and interests of users by making use of standard terms.
Article 9 In case that a user of a short message service needs to be charged, the short message service provider concerned shall ensure that the charging complies with the relevant legal provisions and the telecommunications standards, and shall clearly inform the user of the service contents, charging standards, charging methods and unsubscription methods in advance.
Article 10 When sending short messages, a short message service provider shall attach the telephone number or code of sending end to the messages, and shall not send a short message without the telephone number or code of sending end or with the false telephone number or code of sending end or telephone number or code of sending end of others.
Article 11 A short message service provider shall record the time of sending and receiving short messages, the telephone numbers or codes of sending and receiving ends, and the information on subscription and unsbuscription by users in its service system; as for the port-type short messages, the contents of short messages shall also be recorded.
The records as prescribed in the preceding paragraph shall be kept for at least five months, and the information on the subscription and unsubscription by users shall be preserved until five months after the relationship between the short message service provider and users is terminated.
Article 12 Where a short message service provider renders the port-type short message services, it shall require the short message content providers to produce their authentic identity information, and shall inspect and register the information.
Article 13 A short message service provider rendering the port-type short message services shall use the port number according to the code structure, bit length, purpose and serviceable range approved by the telecommunications administrative authority.
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