Administrative Measures for Internet-based Information Services (Revised in 2011)
Administrative Measures for Internet-based Information Services (Revised in 2011)
Administrative Measures for Internet-based Information Services (Revised in 2011)
Order of the State Council of the People's Republic of China No.588
January 8, 2011
(Promulgated under the Order of the State Council of the People's Republic of China No.292 on September 25, 2000, and revised in accordance with the Decision of the State Council on Repealing and Revising Certain Administrative Regulations promulgated on January 8, 2011)
Article 1 The Measures are formulated in order to regulate internet-based information services and promote the healthy and orderly development of internet-based information services.
Article 2 Any internet-based information service activities within the territory of the People's Republic of China must comply with the Measures.
For the purpose of the Measures, internet-based information services refer to the service activities of providing information through the internet to online subscribers.
Article 3 Internet-based information services are divided into commercial and non-commercial services.
Commercial internet-based information services refer to the service activities of compensated provision to online subscribers through the internet of information or website production.
Non-commercial internet-based information services refer to the service activities of non-compensated provision to online subscribers through the internet of information that is in the public domain and openly accessible.
Article 4 The State subjects commercial internet-based information services to a permit system and non-commercial internet-based information services to a record-filing system.
No one may engage in the provision of internet-based information services without having obtained permission or carried out record-filing procedures.
Article 5 Where, according to the laws, administrative regulations or the relevant provisions of the State, engagement in the provision of internet-based information services in respect of news, publishing, education, medical treatment, health, pharmaceuticals or medical apparatus requires the examination and consent of the relevant competent authority, the consent of the relevant competent authority shall be obtained in accordance with the law before applying for an operating permit or carrying out record-filing procedures.
Article 6 In addition to meeting the requirements of the Telecommunications Regulations of the People's Republic of China, the following conditions shall be met in order to engage in the provision of commercial internet-based information services:
1. have a business development plan and a relevant technical plan;
2. have in place sound measures to ensure network and information security, including measures to ensure website security, a system to manage the security and confidentiality of information and a system to manage the security of subscriber information; and
3. if the services to be provided fall under the services covered in Article 5 hereof, have obtained the written consent of the relevant competent authority.
Article 7 Anyone wishing to engage in the provision of commercial internet-based information services shall apply to the telecommunications administration authority of the province, autonomous region or municipality directly under the Central Government or the State Council's department in charge of the information industry for an operating permit for value-added telecommunications services of internet-based information services (the "Operating Permit").
The telecommunications administration authority of the province, autonomous region or municipality directly under the Central Government or the State Council's department in charge of the information industry shall complete its examination and render its decision to approve or reject the application within 60 days as of the date of receipt thereof.
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Order of the State Council of the People's Republic of China No.588
January 8, 2011
(Promulgated under the Order of the State Council of the People's Republic of China No.292 on September 25, 2000, and revised in accordance with the Decision of the State Council on Repealing and Revising Certain Administrative Regulations promulgated on January 8, 2011)
Article 1 The Measures are formulated in order to regulate internet-based information services and promote the healthy and orderly development of internet-based information services.
Article 2 Any internet-based information service activities within the territory of the People's Republic of China must comply with the Measures.
For the purpose of the Measures, internet-based information services refer to the service activities of providing information through the internet to online subscribers.
Article 3 Internet-based information services are divided into commercial and non-commercial services.
Commercial internet-based information services refer to the service activities of compensated provision to online subscribers through the internet of information or website production.
Non-commercial internet-based information services refer to the service activities of non-compensated provision to online subscribers through the internet of information that is in the public domain and openly accessible.
Article 4 The State subjects commercial internet-based information services to a permit system and non-commercial internet-based information services to a record-filing system.
No one may engage in the provision of internet-based information services without having obtained permission or carried out record-filing procedures.
Article 5 Where, according to the laws, administrative regulations or the relevant provisions of the State, engagement in the provision of internet-based information services in respect of news, publishing, education, medical treatment, health, pharmaceuticals or medical apparatus requires the examination and consent of the relevant competent authority, the consent of the relevant competent authority shall be obtained in accordance with the law before applying for an operating permit or carrying out record-filing procedures.
Article 6 In addition to meeting the requirements of the Telecommunications Regulations of the People's Republic of China, the following conditions shall be met in order to engage in the provision of commercial internet-based information services:
1. have a business development plan and a relevant technical plan;
2. have in place sound measures to ensure network and information security, including measures to ensure website security, a system to manage the security and confidentiality of information and a system to manage the security of subscriber information; and
3. if the services to be provided fall under the services covered in Article 5 hereof, have obtained the written consent of the relevant competent authority.
Article 7 Anyone wishing to engage in the provision of commercial internet-based information services shall apply to the telecommunications administration authority of the province, autonomous region or municipality directly under the Central Government or the State Council's department in charge of the information industry for an operating permit for value-added telecommunications services of internet-based information services (the "Operating Permit").
The telecommunications administration authority of the province, autonomous region or municipality directly under the Central Government or the State Council's department in charge of the information industry shall complete its examination and render its decision to approve or reject the application within 60 days as of the date of receipt thereof.
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