Measures for the Administration of Internet Domain Names of China 2004
The Measures for the Administration of Internet Domain Names of China, which were deliberated and adopted at the 8th executive meeting of the Ministry of Information Industry on September 28, 2004, are hereby promulgated, and shall come into force as of December 20, 2004.
Measures for the Administration of Internet Domain Names of China
Chapter I General Provisions
Article 1 The present Measures are formulated in accordance with the relevant state provisions and by referring to the international rules for the administration of Internet domain names for the purpose of promoting the healthy development of China Internet network, ensuring the safe and reliable operation of the system of Internet domain names of China, and regulating the administration of Internet domain name system of China and domain name registration services.
Article 2 The present Measures shall be abided by for the undertaking of domain name registration service and the relevant activities within the territory of the People’s Republic of China.
Article 3 The meanings of the following terms in the present Measures:
1. Domain Name: shall refer to the character mark of hierarchical structure, which identifies and locates a computer on the Internet and corresponds to the Internet protocol (IP) address of that computer.
2. Chinese domain name: shall refer to the domain name containing Chinese characters.
3. Domain name root server: shall refer to the server that bears the function of root nodes in the domain name system.
4. Institution for operating domain name root server: shall refer to the institution that operates, maintains and manages the domain name root servers.
5. Top level domain (TLD): shall refer to the name of the first level domain under the root node in the domain name system.
6. Domain name registry: shall refer to the administrative institution that is responsible for operating, maintaining and managing top-level domain name system. And
7. Domain name registrar: shall refer to the institution that accepts the application for the registration of domain names, and directly completes the registration of any domain name in the domestic top level domain name database or directly or indirectly completes the registration of any domain name in overseas top-level domain name database.
Article 4 The Ministry of Information Industry is responsible for the administration work of the Internet domain names of China, Its major functions and responsibility are as follows:
1. Formulating the regulations and policies concerning the administration of the Internet domain names;
2. Formulating the system of national (or regional) top-level domain name under CN and Chinese domain name;
3. Administering the institutions for operating domain name root servers, which set up and operate the domain names root servers (including mirror image servers) within the territory of the People’ Republic of China;
4. Administering domain name registries and domain name registrars established within the territory of the People’s Republic of China;
5. Supervising over and administering the service of domain name registration; and
6. Taking charge of the international coordination concerning domain names.
Article 5 No organization or individual may obstruct by taking any means the ordinary operation of the Internet domain name system within the territory of the People’s Republic of China.
Chapter II Administration of Domain Names
Article 6 The Internet domain name system of China shall be promulgated by the Ministry of Information Industry in the form of public notice. The Ministry of Information Industry may adjust the Internet domain name system and re-promulgate it according to the reality of the development of domain names.
Article 7 The Chinese domain name is an integral part of the domain name system of China. The Ministry of Information Industry shall encourage and support the technical research, gradual spreading and application of Chinese domain name system.
Article 8 The establishment of any domain name root server or institution for operating domain name root servers within the territory of the People’s Republic of China shall be subject to the approval of the Ministry of Information Industry.
Article 9 The following conditions shall be met when applying for the establishment of any Internet domain name root server or institution for operating domain name root servers:
1. Having the corresponding capital and special personnel;
2. Having the environmental conditions and technical ability for ensuring the safe and reliable operation of the domain name root server;
3. Having sound measures for safeguarding network and information security;
4. Complying with the requirements for the development of Internet and the stable operation of the domain name system; and
5. Complying with other relevant state provisions.
Article 10 The following written application materials shall be submitted to the Ministry of Information Industry when applying for establishing any domain name root server or institution for operating of domain name root servers:
1. The basic conditions of the applying entity;
2. The conditions of the domain name root server to be operated and maintained;
3. The network technical scheme; and
4. The proof of technical safeguard measures for network and information security.
Article 11 The establishment of any domain name registry or domain name registrar within the territory of the People’s Republic of China shall be subject to the approval of the Ministry of Information Industry.
Article 12 The following conditions shall be met when applying for becoming a domain name registry:
1. Establishing the top level domain name server (excluding mirror image server) within the territory of the People’s Republic of China and the corresponding domain name complies with the International Internet domain name system and the Internet domain name system of China;
2. Having the capital and professionals meeting the requirements of undertaking the relevant activities of domain name registration;
3. Having outstanding achievements and operating experiences in undertaking the relevant services of Internet domain name;
4. Having the credit standing and capacity for providing permanent services for the users;
5. Having the business development plan and the supporting technical scheme;
6. Having a sound mechanism of supervision over domain name registration services and safeguard measures for network and information security; and
7. Complying with other relevant state provisions.
Article 13 When applying for becoming a domain name registry, the following materials shall be submitted to the Ministry of Information Industry:
1. The materials of statements on the relevant capital and personnel;
2. The certificate documents for implementing effective administration on the top-level domain name servers within the territory of China;
3. The materials proving the credit standing of the applicant;
4. The business development plan and the supporting technical scheme;
5. The mechanism of supervision over domain name registration services and the technical safeguard measures for network and information security;
6. The model text of the agreement to be signed with the domain name registrar; and
7. The letter of commitment signed by the legal representative for abiding
by the relevant state laws, policies and the domain name system of China.
Article 14 The following conditions shall be met for undertaking domain name registration services:
1. Being a lawfully established enterprise legal person or institutional legal person;
2. The registered capital being no less than RMB one million Yuan, and having set up the domain name registration service system within the territory of the People’s Republic of China and having technicians and customs service personnel who undertake domain name registration services specially;
3. Having the credit standing and ability for providing permanent services for users;
4. Having the business development plan and the supporting technical scheme;
5. Having sound safeguard measures for network and information security;
6. Having a sound mechanism of withdrawal from domain name registration services; and
7. Complying with other relevant state provisions.
Article 15 When applying for becoming a domain name registrar, an applicant shall submit the following written materials to the Ministry of Information Industry:
1. The legal person certificate;
2. The statements on the items of domain name under the planned registration service, on the technicians and customs services personnel;
3. The letter of intent or protocol for cooperation signed with the relevant domain name registry or overseas registrar;
4. The model text of the customs service protocol;
5. The business development plan and the supporting technical scheme;
6. The certificate of technical safeguard measures for network and information security;
7. The relevant materials proving the credit standing of the applicant; and
8. The letter of commitment signed by the legal representative for abiding by the relevant state laws and policies.
Article 16 In case any application materials are complete and comply with the legal forms, the Ministry of Information Industry shall issue a notice of accepting the application to the applicant. If the application materials are incomplete or do not comply with the legal forms, the applicant shall be notified in writing for once on the spot or within five days of all the contents that shall be made up. If the application is not accepted, the applicant shall be issued the notice of not acceptance and the reasons shall be explained.
Article 17 The Ministry of Information Industry shall complete the examination work within 20 workdays from the date of issuing the notice of accepting the application, and make a decision on approval or not approval. If it cannot make a decision within 20 workdays, the time limit may be extended by ten workdays upon the approval of the person-in-charge of the Ministry of Information Industry, and the applicant shall be notified of the reasons for extension.
In case an approval is granted, the opinions on approval shall be issued. If no approval is granted, the applicant shall be notified in writing and the reasons shall be explained.
Article 18 A domain name registry shall observe the relevant state laws, administrative regulations and rules on its own initiative, and ensure the safe and reliable operation of the domain name system, and provide safe and convenient domain name service for the domain name registrars fairly and reasonably.
No domain name registry may interrupt the domain name registration service of any registrar without justifiable reasons.
Article 19 A domain name registrar shall observe the relevant state laws, administrative regulations and rules voluntarily and provide domain name registration service for users fairly and reasonably.
No domain name registrar may require any user to register any domain name by taking such improper means as fraud or duress.
Article 20 In case there is any alteration on such registration information as the name, address or legal representative of any domain name registrar, or the cooperation between any registrar and any registry alters or terminates, the registrar shall report it to and put it on archives at the Ministry of Information Industry within 30 days after the alteration or termination.
Article 21 A domain name registry shall equip necessary emergency network and communications equipment, formulate effective emergency preparedness plans for safeguarding the network and the communications, and improve the emergency preparedness system for network and information security.
A domain name registry and a domain name registrar shall submit themselves to the unified command and coordination of the Ministry of Information Industry for the need of national security and handling of emergencies, and abide by and implement the administrative requirements of the Ministry of Information Industry.
Article 22 The Ministry of Information Industry shall strengthen supervision over and inspection on the domain name registries and registrars and correct any illegal acts discovered in the supervision and inspection.
Chapter III Registration of Domain Names
Article 23 A domain name registry shall formulate the corresponding detailed rules for the implementation of domain name registration according to the present Measures and implement them after reporting them to and putting them on archives at the Ministry of Information Industry.
Article 24 The principle of “first come, first serve” shall be followed for the domain name registration service.
Article 25 A domain name registry may make necessary protection on part of key words for the purpose of maintaining national interests and public interests, and implement them after reporting them to and putting them on archives at the Ministry of Information Industry.
Apart from the aforesaid provisions, no domain name registry or registrar may preserve or preserve in disguised form any domain name. A domain name registry or a domain name registrar may not represent any actual or potential holder of a domain name during the process of providing domain name registration service.
Article 26 Any domain name registry or a domain name registrar shall publicize the contents, time limit and fees for domain name registration service, provide public consulting service for domain name registration information, ensure the quality of domain name registration service, and have the duty to provide information on domain name registration to the Ministry of Information Industry.
No domain name registry or domain name registrar may use any domain name registration information for other purposes apart from those as prescribed in the preceding paragraph without the consent of a user, unless there are different provisions by the state laws and administrative regulations.
Article 27 The following contents may not be included in any domain name registered and used by any organization or individual:
1. Those that are against the basic principles as determined in the Constitution;
2. Those that jeopardize national security, leak state secrets, intend to overturn the government, or disrupt state integrity;
3. Those that harm national honor and national interests;
4. Those that instigate hostility or discrimination among different nationalities, or disrupt the national solidarity;
5. Those that violate the state religion policies or propagate cult and feudal superstition;
6. Those that spread rumors, disturb public order or disrupt social stability;
7. Those that spread obscenity, pornography, gambling, violence, homicide, terror or instigate crimes;
8. Those that insult or libel others and infringe other people’s legal rights and interests; or
9. Other contents prohibited by laws and administrative regulations.
Article 28 An applicant for the registration of a domain name shall submit authentic, accurate and complete information of domain name registration, and sign a subscriber registration protocol with a domain name registrar.
After completing the domain name registration, an applicant for the registration of a domain name shall be the holder of the domain name registered by him/it.
Article 29 A domain name holder shall abide by the relevant laws, administrative regulations and rules regarding Internet.
A domain name holder shall undertake the liability for infringing the lawful rights and interests of others due to the holding or using of a domain name.
Article 30 The operation fees for registered domain names shall be paid on schedule by the holder. A domain name registry shall formulate the specific measures for the fee collection and submit them to and put them on archives at the Ministry of Information Industry.
Article 31 In case there is any alteration on the registration information of a domain name, the holder of the domain name shall file an application to the domain name registrar for the alteration of the registration information within 30 days after such alteration.
Article 32 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.
No domain name registrar may obstruct any domain name holder from changing the domain name registrar without justifiable reasons.
Article 33 A domain name registry shall handle the opinions of users to any domain name registrar in time by setting up hotlines for accepting users’ complaints or taking other necessary measures; and shall explain the reasons and the relevant handling time limit to the users for those failing to be handled in time.
In case any user or domain name registrar gets no handling results for his/its complaint to any domain name registry or is dissatisfied with the handling result, or dissatisfied with the services of any domain name registry, it may appeal to the Ministry of Information Industry.
Article 34 If any of the following circumstances occurs unto a registered domain name, the original domain name registrar shall write it off and notify the holder of the domain name in written form:
1. If the domain name holder or its agent applies for the cancellation of the domain name;
2. If the information on the registration of the domain name submitted by the domain name holder is unauthentic, inaccurate or incomplete;
3. If the domain name holder fails to pay the corresponding fees as required;
4. If the domain name shall be written off according to the judgment, arbitrament, or decision of the people’s court, arbitration institution or the domain name dispute resolution institution; or
5. If the domain name is in violation of the relevant laws and regulations and the provisions of the present Measures.
Article 35 A domain name registry or domain name registrar shall have the obligation to cooperate with the competent state departments to carry out the work for the inspection of websites, and may suspend or terminate the relevant domain name resolution services, if necessary.
Chapter IV Disputes over Domain Names
Article 36 A domain name registry may designate a neutral institution for resolving domain name disputes.
Article 37 In case anyone files complaints to the domain name dispute resolution institution concerning a registered domain name or a domain name in use, which conforms to the requirements specified by the domain name dispute resolution measures, the domain name holder shall participate in the proceedings for the resolution of the dispute on the domain name.
Article 38 The decision made by a domain name dispute resolution institution may only concern the change of information of the holder of the domain name under dispute.
If the decision of a domain name dispute resolution institution is in conflict with the legally effective judgment or arbitrament of the people’s court or the arbitration organization, the legally effective judgment or arbitrament of the people’s court or the arbitration organization shall prevail.
Article 39 A domain name holder may not transfer the domain name under dispute during the period when a domain name dispute is being processed by the people’s court, the arbitration organization or the domain name dispute resolution institution, unless the transferee of the domain name agrees in writing to be subject to the judgment, arbitrament or decision of the people’s court, the arbitration institution or the domain name dispute resolution institution.
Chapter V Penalties
Article 40 In case anyone violates the provisions of Article 8 or 11 of the present Measures and establishes any domain name root server or institution for operating the domain name root servers without administrative license or establishes any domain name registry or domain name registrar without permission, the Ministry of Information Industry shall take measures to prevent it from carrying out business or providing services in accordance with the provisions of Article 81 of the Administrative License Law of the People’s Republic of China, and give it warnings or impose a fine of less than RMB 30,000 Yuan according to the circumstances.
Article 41 In case any domain name registrar provides domain name registration services exceeding the approved scope of items, the Ministry of Information Industry shall order it to correct within a prescribed time limit. If it fails to correct within the time limit, the Ministry of Information Industry shall take measures to prevent it from providing the service that exceeds the scope in accordance with the provisions of Article 81 of the Administrative License Law of the People’s Republic of China and give it warnings or impose a fine of less than RMB 30,000 Yuan according to the circumstances.
Article 42 In case anyone violates the provisions of Article 5, 18, 19, 20, 25, 26, 32, or 35, the Ministry of Information Industry shall order it to correct within a prescribed time limit, and give it warnings or impose a fine of less than RMB 30,000 Yuan according to the circumstances.
Article 43 In case anyone violates the provisions of Article 27 of the present Measures, which constitutes a crime, it shall be subject to criminal liabilities. If a crime has not been constituted, the relevant state organs shall give it a punishment according to the relevant provisions of laws and administrative regulations.
Chapter VI Supplementary Provisions
Article 44 The domain name registries and domain name registrars which have undertaken the registration service of Internet domain name prior to the implementation of the present Measures shall go through the registration formalities at the Ministry of Information Industry within 60 days from the date when the present Measures are implemented.
Article 45 The present Measures shall come into force as of December 20, 2004. The Measures for the Administration of Internet Domain Names of China (Order No. 24 of the Ministry of Information Industry) as promulgated on August 1, 2002 shall be repealed simultaneously.
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