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The Ministry of Information Industry Decree of the Ministry of the Information Industry of the People’s Republic of China No.24 The China Internet Domain Name Regulations which has been considerated and adopted at the Ninth Ministry Conference on March 14, Minister of the Ministry of the Information Industry Wu Jichuan August 1, 2002 China Internet Domain Name Regulations Chapter I General Provisions Article 1 China Internet Domain Name Regulations (hereafter the Regulations) are formulated in accordance with the relevant provisions of the Article 2 The Regulations shall be observed in the registration of domain names and in the activities with relation thereto within the territory Article 3 The definitions of the following terms mentioned in the Regulations are as follows: (1) Domain name refers to the character identification of hierarchical structure that identifies and locates a computer on the Internet (2) Chinese domain name refers to the domain name that contains Chinese characters. (3) Domain name root server refers to the server that bear the function of root nodes in the domain name system. (4) Institution for operating domain name root server refers to the institution that is responsible for operating, maintaining and administering (5) Top-level domain (TLD) refers to the name of the first level domain under the root node in the domain name system. (6) Registry refers to the administration institution that is responsible for operating, maintaining and managing one or more top-level (7) Registrar refers to the service institution that accepts and audits the application for the domain name registration, and completes Article 4 Any organization or individual shall not take any action to hamper the normal operation of Internet Domain Names System in China. Chapter II Administration of Domain Names Article 5 The Ministry of Information Industry is responsible for the administration of the Internet domain names in China, Its major functions (1) Formulating the regulations and policies concerning the administration of the Internet domain names; (2) Establishing the system for Country (or Regional)Code Top Level Domain (ccTLD) under .CN and Chinese domain names; (3) Administering the registry of .CN ccTLD and the Chinese domain names; (4) Administering the operational institution of domain name root servers, which sets up and operates the domain names root servers within (5) Supervising and administering the service of domain name registration; (6) Be in charge of the international coordination regarding to domain names. Article 6 China Internet domain names system shall be promulgated by the Ministry of Information Industry in form of proclamation. The Ministry Article 7 Chinese domain name is an integral part of the Domain Names System of China. The Ministry of Information Industry shall encourage Article 8 The administration of domain names shall be conducted level-by-level. The domain name registry and holders of each level domain names Article 9 The domain name registry is responsible for operating and administering the corresponding domain name system, maintaining the domain (1) Operating, maintaining and administering the corresponding top-level domain name servers and database and ensure the secure and reliable (2) Formulating the rules concerning the domain name registration in accordance with the Regulations; (3) Selecting domain name registrars based on the principle of non-discrimination; and (4) Supervising and administering the registration service provided by domain name registrars. Article 10 The establishment of domain names root servers, domain name registrars and domain names root server operational institutions within Chapter III Administration of Registrars Article 11 The establishment of the domain name registry within the territory of the People’s Republic of China shall be put on record with the Any organization or individual shall not engage in the service of the domain name registration without being recorded. Article 12 Any organization that engages in the service of the domain name registration shall meet the following conditions: (1) It shall be an a legal person established according to the laws; (2) It shall have sufficient funds and appropriate professionals to provide domain name registration services; (3) It shall have the reputation and ability of providing services in the long-term; (4) It shall have the services development plan and the related technical resolutions; (5) It shall have perfect measures for safeguarding the security of the networks and information; (6) It shall meet other requirements prescribed by the Ministry of Information Industry. Article 13 Any organization that engages in the service of domain name registration shall go through the recording procedure with the Ministry (1) The legal person certificate; (2) The categories of domain names that are proposed to be registered; (3) The cooperation agreement signed with the relevant domain name registry; (4) The model clauses of the user service agreement ; (5) The service development plan and the related technical resolutions ; (6) The verification of the measures for safeguarding the security of networks and information. Article 14 If such registration information as the name, address or legal representative of the domain name registrar changes or the cooperative Chapter IV Domain Name Registration Article 15 The domain name registry shall formulate in accordance with the Regulations the detailed implementation rules for the domain name Article 16 The domain name registration adopts the principle of first come, first serve. Article 17 When expanding the range of the domain name registration, the domain name registry may specify the duration of pre-registration, make Except for the articles provided in preceding paragraphs, the domain name registry and registrars shall not reserve domain names or Article 18 The domain name registry and registrars shall publish the contents, durations and fees of domain name registration, provide public Article 19 Any of the following contents shall not be included in any domain name registered and used by any organization or individual: (1) Those that are against the basic principles prescribed in the Constitution; (2) Those jeopardize national security, leak state secrets, intend to overturn the government, or disrupt of state integrity; (3) Those harm national honor and national interests; (4) Those instigate hostility or discrimination between different nationalities, or disrupt the national solidarity; (5) Those violate the state religion policies or propagate cult and feudal superstition; (6) Those spread rumors, disturb public order or disrupt social stability; (7) Those spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes; (8) Those insult, libel against others and infringe other people’s legal rights and interests; or (9) Other contents prohibited in laws, rules and administrative regulations. Article 20 The applicant for the registration of a domain name shall comply with the laws, rules and administrative regulations of the state Article 21 The operation and administration fee for registered domain names shall be paid on schedule by the registrant. The domain name registry Article 22 The applicant of the domain name registration becomes the holder of the registered domain name immediately after the registration The liability for the infringement of others’ legal rights and interests arising from holding or using a domain name shall be borne Article 23 If the registration information of a domain name changes, the holder of the domain name shall file the registration of such change Article 24 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 Article 25 If a registered domain name involves any of the following conditions, the original registrar shall write it off and notify the holder (1) If the domain name holder or its agent/reseller 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 in accordance with the provisions; (4) If the domain name shall be written off in accordance with the judgment by the people’s court, arbitration institution or the domain (5) If the domain name is in violation of the provisions of these provisions and the relevant laws and regulations. Chapter V Domain Name Disputes Article 26 The domain name registry may designate a neutral institution for resolving domain name disputes . Article 27 If any person complains to the domain name dispute resolution institution concerning a registered domain name or a domain name in Article 28 The decisions of the domain name dispute resolution institution shall only determine whether to change the information of the holder If the decision of the domain name dispute resolution institution is in conflict with the legally effective judgment of the people’s Article 29 If a domain name dispute is being processed by the people’s court, the arbitration organization or the domain name dispute resolution Chapter VI Penalty Provisions Article 30 Any person who violates the provisions of Article 4 , Article 10 , Article 11 and Article 14 of the Regulations, hampers the normal Article 31 Any person who violates the provisions of Article 17 , Article 18 of the Regulations shall be ordered by the Ministry of Information Article 32 Any person who violates the provisions of Article 19 , and whose act constitute a crime, he or she shall be prosecuted for his or Chapter VII Supplementary Provisions Article 33 The domain name registrars which begin the registration service of Internet domain names prior to the entry into force of the Regulations Article 34 The Regulations shall enter into force as of September 30, 2002. Should there be any discrepancies in the meanings between the current |
The Ministry of Information Industry
2002-08-01