Measures for the Administration of Internet Domain Names in China
Order of the Ministry of Information Industry of the People's Republic of China
No. 30 "Regulations on the Administration of Internet Domain Names in China" has been reviewed and approved at the 8th ministerial meeting of the Ministry of Information Industry on September 28, 2004, and is hereby promulgated and shall come into effect on December 20, 2004.
Minister Wang Xudong
November 5, 2004
Measures for the Administration of Internet Domain Names in China
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with relevant State regulations and with reference to international Internet domain name management standards in order to promote the healthy development of China's Internet, ensure the safe and reliable operation of China's Internet domain name system, and standardize the management of China's Internet domain name system and domain name registration services.
Article 2 Domain name registration services and related activities within the territory of the People's Republic of China shall comply with these Measures.
Article 3 The following terms in these Measures have the following meanings:
(1) Domain name: It is a hierarchical character identifier used to identify and locate a computer on the Internet and corresponds to the Internet Protocol (IP) address of the computer.
(2) Chinese domain name: refers to a domain name containing Chinese characters.
(3) Domain name root server: refers to the server that serves as the root node in the domain name system.
(IV) Domain name root server operating organization: refers to the organization responsible for operating, maintaining and managing the domain name root server.
(V) Top-level domain name: refers to the name of the first-level domain under the root node in the domain name system.
(VI) Domain Name Registration Management Agency: refers to the agency responsible for the operation, maintenance and management of the top-level domain name system.
(VII) Domain Name Registration Service Agency: refers to an agency that accepts domain name registration applications, directly completes the registration of domain names in domestic top-level domain name databases, and directly or indirectly completes the registration of domain names in foreign top-level domain name databases.
Article 4 The Ministry of Information Industry is responsible for the management of Internet domain names in China. Its main responsibilities are:
(1) Formulate regulations and policies for Internet domain name management;
(ii) Formulate the national (or regional) top-level domain name CN and Chinese domain name system;
(3) Manage the domain name root server operating organizations that set up and operate domain name root servers (including mirror servers) within the territory of the People's Republic of China;
(iv) Manage domain name registration management agencies and domain name registration service agencies established within the territory of the People's Republic of China;
(5) Supervise and manage domain name registration activities;
(6) Responsible for international coordination related to domain names.
Article 5 No organization or individual may take any means to hinder the normal operation of the Internet domain name system within the territory of the People's Republic of China.
Chapter 2 Domain Name Management
Article 6 The domain name system of the Internet in my country shall be announced by the Ministry of Information Industry in the form of a notice. According to the actual situation of domain name development, the Ministry of Information Industry may adjust the domain name system of the Internet and issue an update notice.
Article 7 Chinese domain names are an important part of my country's domain name system. The Ministry of Information Industry encourages and supports the technical research and gradual promotion and application of the Chinese domain name system.
Article 8 The establishment of a domain name root server and the establishment of a domain name root server operating organization within the territory of the People's Republic of China shall be approved by the Ministry of Information Industry.
Article 9 Applications for setting up Internet domain name root servers and establishing domain name root server operating organizations must meet the following conditions:
(1) Having corresponding funds and specialized personnel;
(2) Having the environmental conditions and technical capabilities to ensure the safe and reliable operation of domain name root servers;
(3) Having sound network and information security measures;
(4) meet the needs of Internet development and stable operation of the domain name system;
(V) Comply with other relevant national regulations.
Article 10 To apply for setting up a domain name root server and establishing a domain name root server operation organization, the following written application materials shall be submitted to the Ministry of Information Industry:
1. Basic information of the applicant organization;
(2) The status of the domain name root servers to be operated and maintained;
(3) Network technology solutions;
(4) Proof of network and information security technical safeguards.
Article 11 The establishment of a domain name registration management agency and a domain name registration service agency within the territory of the People's Republic of China shall be subject to approval by the Ministry of Information Industry.
Article 12 To apply to become a domain name registration management agency, the following conditions must be met:
(1) Setting up top-level domain name servers (excluding mirror servers) within the territory of the People's Republic of China, and the corresponding top-level domain names comply with the international Internet domain name system and my country's Internet domain name system;
(2) Having funds and professionals suitable for engaging in activities related to domain name registration;
(3) Having good performance and operating experience in providing Internet domain name and other related services;
(4) Having the reputation or ability to provide long-term services to users;
(5) Having a business development plan and relevant technical solutions;
(6) Having a sound domain name registration service supervision mechanism and network and information security measures;
(VII) Comply with other relevant national regulations.
Article 13: Applicants for becoming a domain name registration management agency shall submit the following materials to the Ministry of Information Industry:
(1) Explanatory materials on relevant funds and personnel;
(2) Evidence of effective management of top-level domain name servers within the territory;
(3) Materials proving the applicant's credibility;
(iv) business development plan and related technical solutions;
(V) Domain name registration service supervision mechanism and network and information security technical safeguards;
(VI) A sample agreement to be signed with the domain name registration service provider;
(VII) A letter of commitment signed by the legal representative to abide by relevant national laws, policies and my country's domain name system.
Article 14 To engage in domain name registration service activities, the following conditions must be met:
(1) It is an enterprise legal person or an institutional legal person established in accordance with the law;
(2) The registered capital shall not be less than RMB 1 million, and a domain name registration service system shall be established within the territory of the People's Republic of China, and there shall be technical personnel and customer service personnel specializing in domain name registration services;
(3) Having the reputation or ability to provide long-term services to users;
(4) Having a business development plan and relevant technical solutions;
(5) Having sound network and information security measures;
(6) Having a sound domain name registration service withdrawal mechanism;
(VII) Comply with other relevant national regulations.
Article 15 To apply to become a domain name registration service agency, the following written materials shall be submitted to the Ministry of Information Industry:
(1) Certification of legal person qualifications;
(2) A description of the domain name project for which registration services are to be provided and the technical and customer service personnel;
(3) A letter of intent or agreement on cooperation signed with the relevant domain name registration management institution or overseas domain name registration service institution;
(IV) User service agreement template;
(V) Business development plan and related technical solutions;
(6) Certification of network and information security technical safeguards;
(VII) Relevant materials proving the applicant's credibility;
(8) A letter of commitment signed by the legal representative to abide by relevant national laws and policies.
Article 16 If the application materials are complete and comply with the statutory form, the Ministry of Information Industry shall issue a notice of acceptance of the application to the applicant; if the application materials are incomplete or do not comply with the statutory form, the applicant shall be informed in writing on the spot or within five days of all the contents that need to be supplemented; if the application is not accepted, a notice of non-acceptance shall be issued to the applicant, stating the reasons.
Article 17 The Ministry of Information Industry shall complete the review work and make a decision to approve or disapprove within 20 working days from the date of issuing the notice of acceptance of the application. If a decision cannot be made within 20 working days, it may be extended by 10 working days with the approval of the head of the Ministry of Information Industry, and the applicant shall be informed of the reasons for the extension.
If approved, an approval letter will be issued; if not approved, the applicant will be notified in writing and the reasons will be stated.
Article 18 Domain name registration management agencies shall consciously abide by relevant national laws, administrative regulations and rules, ensure the safe and reliable operation of the domain name system, and provide safe and convenient domain name services to domain name registration service agencies in a fair and reasonable manner.
Without justifiable reasons, the domain name registration management agency shall not arbitrarily interrupt the domain name registration service of the domain name registration service agency.
Article 19 Domain name registration service agencies shall consciously abide by relevant national laws, administrative regulations and rules, and provide domain name registration services to users in a fair and reasonable manner.
Domain name registration service agencies shall not use fraud, coercion or other unfair means to require users to register domain names.
Article 20 When the name, address, legal representative and other registration information of a domain name registration service agency is changed or the cooperative relationship between the domain name registration service agency and its domain name registration management agency is changed or terminated, the domain name registration service agency shall report to the Ministry of Information Industry for record within 30 days after the change or termination.
Article 21 Domain name registration management agencies shall configure necessary network and communication emergency equipment, formulate effective network communication security emergency plans, and improve network and information security emergency systems.
Due to the needs of national security and handling of emergencies, domain name registration management agencies and domain name registration service agencies shall obey the unified command and coordination of the Ministry of Information Industry and comply with and implement the management requirements of the Ministry of Information Industry.
Article 22 The Ministry of Information Industry shall strengthen supervision and inspection of domain name registration management agencies and domain name registration service agencies, and correct any illegal acts discovered during the supervision and inspection process.
Chapter 3 Domain Name Registration
Article 23 Domain name registration management agencies shall formulate corresponding domain name registration implementation rules based on these Measures and implement them after filing with the Ministry of Information Industry.
Article 24 Domain name registration services shall follow the principle of “first come, first served”.
Article 25 In order to safeguard national interests and the interests of the public, domain name registration management agencies may provide necessary protection for some reserved words and implement it after filing with the Ministry of Information Industry.
Except as provided in the preceding paragraph, domain name registration management agencies and registrars shall not reserve domain names or reserve domain names in disguise. Domain name registration management agencies and registrars shall not represent any actual or potential domain name holders in the process of providing domain name registration services.
Article 26 Domain name registration management agencies and domain name registration service agencies shall announce the content, time limit and fees of domain name registration services, provide public query services for domain name registration information, ensure the quality of domain name registration services, and have the obligation to provide domain name registration information to the Ministry of Information Industry.
Without the user's consent, domain name registration management agencies and domain name registration service agencies shall not use domain name registration information for any purpose other than that specified in the preceding paragraph, except as otherwise provided by national laws and administrative regulations.
Article 27 Domain names registered and used by any organization or individual shall not contain the following content:
(1) Opposing the basic principles established by the Constitution;
(2) endangering national security, leaking state secrets, subverting state power, or undermining national unity;
(3) Damaging the honor and interests of the state;
(4) Inciting ethnic hatred or discrimination, or undermining ethnic unity;
(5) Undermining the State's religious policies and promoting evil cults and feudal superstitions;
(6) Spreading rumors, disrupting social order, or undermining social stability;
(7) Spreading obscenity, pornography, gambling, violence, murder, terror, or instigating crime;
(8) Insulting or slandering others, or infringing upon the legitimate rights and interests of others;
(IX) Containing other content prohibited by laws or administrative regulations.
Article 28 Domain name registration applicants shall submit true, accurate and complete domain name registration information and sign a user registration agreement with the domain name registration service agency.
After the domain name registration is completed, the domain name registration applicant becomes the holder of the registered domain name.
Article 29 Domain name holders shall abide by the laws, administrative regulations and rules of the state regarding the Internet. The domain name holder shall bear the responsibility for infringement of the legitimate rights and interests of others due to holding or using domain names.
Article 30 Domain name registration fees must be paid on time. Domain name registration management agencies should formulate specific domain name operation fee collection methods and report them to the Ministry of Information Industry for filing.
Article 31 If there is any change in domain name registration information, the domain name holder shall apply to the domain name registration service agency to change the registration information within thirty days after the change.
Article 32 Domain name holders may choose and change domain name registration service agencies. If a domain name holder changes a domain name registration service agency, the original domain name registration service agency shall be obliged to transfer the registration information of the domain name holder. Without justifiable reasons, domain name registration service agencies shall not prevent domain name holders from changing domain name registration service agencies.
Article 33 Domain name registration management agencies shall set up user complaint hotlines or take other necessary measures to promptly handle users' complaints against domain name registration service agencies; if it is difficult to handle in a timely manner, the reasons and relevant processing time limits must be explained to users. If a complaint to a domain name registration management agency is not handled or the handling result is not satisfactory, or if the user or domain name registration service agency is dissatisfied with the service of the domain name registration management agency, the user or domain name registration service agency may file a complaint with the Ministry of Information Industry.
Article 34 If a registered domain name encounters any of the following circumstances, the original domain name registration service agency shall cancel it and notify the domain name holder in writing:
(1) The domain name holder or its agent applies for cancellation of the domain name;
(2) The domain name registration information submitted by the domain name holder is untrue, inaccurate or incomplete;
(3) The domain name holder fails to pay the corresponding fees in accordance with the regulations;
(iv) The domain name registration should be cancelled according to a ruling made by a people's court, arbitration institution or domain name dispute resolution institution;
(V) Violation of relevant laws, administrative regulations and the provisions of these Measures.
Article 35 Domain name registration management agencies and domain name registration service agencies are obliged to cooperate with the national competent authorities in carrying out website inspections and, when necessary, suspend or stop relevant domain name resolution services as required.
Chapter 4 Domain Name Disputes
Article 36 The domain name registration management agency may designate a neutral domain name dispute resolution agency to resolve domain name disputes.
Article 37 If any person files a complaint with a domain name dispute resolution institution regarding a domain name that has been registered or used and meets the conditions stipulated in the domain name dispute resolution procedure, the domain name holder shall participate in the domain name dispute resolution procedure.
Article 38 The decision made by the Domain Name Dispute Resolution Institution shall only involve changes in the information of the holder of the disputed domain name.
If the decision made by a domain name dispute resolution institution is inconsistent with a legally effective judgment of a people's court or arbitration institution, the decision of the domain name dispute resolution institution shall be subject to the legally effective judgment of the people's court or arbitration institution.
Article 39 During the period when a domain name dispute is being handled by a people's court, arbitration institution or domain name dispute resolution institution, the domain name holder shall not transfer the disputed domain name, unless the domain name transferee agrees in writing to be bound by the judgment of the people's court, arbitration award or dispute resolution institution.
Chapter V Penalties
Article 40 Where anyone violates the provisions of Article 8 or Article 11 of these Measures and sets up a domain name root server or a domain name root server operation organization without administrative approval, or sets up a domain name registration management organization or a domain name registration service organization without authorization, the Ministry of Information Industry shall, in accordance with the provisions of Article 81 of the Administrative Licensing Law of the People's Republic of China, take measures to stop the person from conducting business or providing services, and, depending on the severity of the circumstances, give a warning or impose a fine of no more than RMB 30,000.
Article 41 Where a domain name registration service provider provides domain name registration services beyond the approved project scope, the Ministry of Information Industry shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, the Ministry of Information Industry shall, in accordance with the provisions of Article 81 of the Administrative Licensing Law of the People's Republic of China, take measures to stop it from providing services beyond the scope and, depending on the severity of the circumstances, give it a warning or impose a fine of no more than RMB 30,000.
Article 42 Anyone who violates the provisions of Article 5, 18, 19, 20, 25, 26, 32 or 35 of these Measures shall be ordered by the Ministry of Information Industry to make corrections within a time limit and, depending on the severity of the violation, be given a warning or be fined not more than RMB 30,000 yuan.
Article 43 Anyone who violates the provisions of Article 27 of these Measures and constitutes a crime shall be investigated for criminal liability in accordance with the law; if it does not constitute a crime, the relevant state organs shall impose penalties in accordance with the relevant laws and administrative regulations.
Chapter VI Supplementary Provisions
Article 44 Domain name registration management agencies and domain name registration service agencies that have already provided Internet domain name registration services before the implementation of these Measures shall go through registration procedures with the Ministry of Information Industry within sixty days from the date of implementation of these Measures.
Article 45 These Measures shall come into force on December 20, 2004. The Measures for the Administration of Internet Domain Names in China (Order No. 24 of the Ministry of Information Industry) promulgated on August 1, 2002 shall be repealed simultaneously.
Online Inquiry
