Internet Domain Name Management Measures (Draft Revisions for Solicitation of Comments)

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Source: http://miit.gov.cn/n1146295/n1652858/n1653100/n3767755/c4683125/content.html
Comment Solicitation Period:4/25/2016
This translation was taken in full with permission from Rogier Creemers’ website China Copyright and Media . The translation may continue to evolve through regular use of this site, and Rogier is not responsible for any subsequent changes. 

Internet Domain Name Management Measures

(Draft Revisions for Soliciation of Comments)

Chapter I: General Provisions

Article 1: These Measures are formulated on the basis of the “Administrative Licensing Law of the People’s Republic of China” and the “State Council Decision concerning Establishing Administrative Licensing for Administrative Examination and Approval Matters that Need to Be Preserved” and other such provisions, and with reference to international Internet domain name management norms; so as to standardize Internet domain name service activities, protect users’ lawful rights and interests, guarantee the security and reliable operation of the Internet domain name system, promote the development and application of Chinese-language domain names and national top-level domains, and stimulate the healthy development of China’s Internet.

Article 2: These Measures shall be respected when engaging in Internet domain name services and corresponding activities within the borders of the People’s Republic of China.

"Internet domain name services" (hereafter simply named "domain name services") as used in these Measures refers to activities including domain name root server operations and management, top-level domain name operations and management, domain name registration, domain name resolution, etc.

Article 3: The Ministry of Industry and Information Technology carries out supervision and management over domain name services nationwide, its main tasks are:

(1) formulating Internet domain name management rules and policies;

(2) formulating development plants for the Internet domain name system and domain name resources;

(3) managing domestic domain name root server-running bodies and domain name registration and management bodies;

(4) being responsible for the network and information security management of the domain name system;

(5) protecting users’ personal information and lawful rights and interests according to the law;

(6) being responsible for international coordination concerning domain names;

(7) managing domestic domain name resolution services;

(8) managing other activities concerning domain name services.

Article 4: All provincial, autonomous region and municipal telecommunications management bureaus are responsible for domain name services supervision and management within their own administrative areas, their main tasks are:

(1) Implementing and enforcing domain name management laws, administrative regulations, rules and policies;

(2) managing domain name registration service bodies within their administrative areas;

(3) assisting the Ministry of Industry and Information Technology in conducting management over domain name root server-running bodies and domain name registration and management bodies within their administrative areas;

(4) being responsible for network and information security management of the domain name system within their administrative area;)

(5) protecting users’ personal information and lawful rights and interests according to the law;

(6) managing domain name resolution services within their administrative areas;

(7) managing other activities concerning domain name services within their administrative areas.

Article 5: The Internet domain name system is proclaimed by the Ministry of Industry and Information Technology. On the basis of the real situation of domain name development, the Ministry of Industry and Information Technology may regulate the Internet domain name system.

Article 6: “.cn” and “.中国” are China’s national top-level domains.

Chinese language domain names are an important component part of the Internet domain name system. The State encourages and supports technological research and expanding the application of the Chinese-language domain name system.

Article 7: The provision of domain name services shall abide by relevant State laws and regulations, and conform to corresponding technological norms and standards.

Article 8: The safe and stable operation of the Internet domain name system must not be obstructed by any organization or individual.

Chapter II: Domain Name Management

Article 9: For the domestic establishment of a domain name root server or domain name root server-running body, a domain name registration management body or a domain name registration service body, permission from the Ministry of Industry and Information Technology or provincial, autonomous region or municipal telecommunications management departments (hereafter jointly referred to as "telecommunications management bodies") shall be obtained.

Article 10: Those applying to establish a domain name root server or domain name root server-running body, shall meet the following conditions:

(1) the domain name root server is to be set up within the borders, and shall conform to corresponding Internet development plans and the requirements of the safe and stable operation of the domain name system;

(2) [they shall] be legal persons lawfully established within the borders, the said legal person and their main investors, main operational and management personnel are to have good credit records;

(3) having the premises, finance, environment, specialist personnel and technological capability to guarantee the safe and reliable operation of the root server, as well as information management systems conform to telecommunications management body requirements;

(4) having complete network and information security management measures, including management personnel, network and information security management structures, emergency response processing plans and corresponding technological and management measures;

(5) having the capability to protect users’ personal information, the capability to provide long-term services and complete service withdrawal mechanisms;

(6) other requirements provided by laws and administrative regulations.

Article 11: Those applying to establish a domain name registration and management body shall meet the following conditions:

(1) the top-level domain name management system is to be set up within the borders, and the top-level domain manes they hold are to conform to relevant laws and regulations as well as the requirements of the safe and stable operation of the domain name system;

(2) [they shall] be legal persons lawfully established within the borders, the said legal person and their main investors, main operational and management personnel are to have good credit records;

(3) having perfect professional development plans and technological plans, as well as premises, finance and specialist personnel suited to engaging in top-level domain name operations and management, as well as information management systems conforming to telecommunications management body requirements;

(4) having complete network and information security management measures, including management personnel, network and information security management structures, emergency response processing plans and corresponding technological and management measures;

(5) having the capability to engage in real identity information verification and users’ personal information protection, the capability to provide long-term services as well as complete service withdrawal processing mechanisms;

(6) having complete domain name registration service management structures and supervision mechanisms for domain name registration service bodies;

(7) other requirements provided for by laws and administrative regulations.

Article 12: Those applying to establish a domain name registration service body, shall meet the following conditions:

(1) the domain name registration service system, registration database and resolution systems are to be set up within the borders;

(2) [they shall] be legal persons lawfully established within the borders, the said legal person and their main investors, main operational and management personnel are to have good credit records;

(3) having premises, finance and specialist personnel suited to engaging in domain name registration services, as well as information management systems conform to telecommunications management body requirements;

(4) having the capability to engage in real identity information verification and users’ personal information protection, the capability to provide long-term services and complete service withdrawal mechanism;

(5) having complete domain name registration service management structures and supervision mechanisms for domain name registration agency bodies;

(6) having complete network and information security protection measures, including management personnel, network and information security management structures, emergency response processing plans and corresponding technological and management measures.

(7) other requirements provided for by laws and administrative regulations.

Article 13: Those applying to establish a domain name root server and root server-running body, or domain name registration management body shall submit application materials to the Ministry of Industry and Information Technology. Those applying to establish a domain name registration service body shall submit application materials to the local provincial, autonomous region or municipal telecommunications management department.

The application materials shall include:

(1) the basic circumstances of the applying work unit

(2) certification materials for the effective management of domain name services, including certification materials for relevant systems and premises, as well as service capabilities, management structures as well as agreements concluded with other bodies;

(3) network and information security protection structures and measures;

(4) materials certifying the reputation of the applying work unit;

(5) a letter of commitment, signed by the legally-designated representative, to do business sincerely and according to the law.

Article 14: Where application materials are complete and conform to the statutory form, telecommunications management bodies shall send a letter confirming receipt of the application to the applying work unit; where the application materials are not complete or do not conform to statutory form, telecommunications management bodies shall on the spot or within five working days notify the applying work unit once about the complete content that needs to be supplemented; to those not accepted, a notification letter of non-acceptance will be sent and the reasons explained.

Article 15: Telecommunications management bodies shall complete examination within 20 working days of receiving the application, and make a decision on granting or not granting permission. Where a decision cannot be reached within 20 working days, with the permission of the telecommunications management body, the period may be extended by10 working days, and the reason for the extension is to be notified to the applying work unit. Where it is necessary to organize expert elucidation, the time of that elucidation is not calculated within the examination time.

To those granted permission, corresponding licensing documents shall be sent; where permission is not granted, the applying work unit shall be notified in writing and the reasons explained.

Article 16: Licences for domain name root server-running bodies, domain name registration management bodies and domain name registration service bodies have a period of validity of five years.

Article 17: Where a change occurs in the name, address, legally-designated representative or other such information of domain name root server-running bodies, domain name registration management bodies and domain name registration service bodies, they shall carry out modification formalities with the original licence-issuing body within 20 days.

Article 18: Where domain name root server-running bodies, domain name registration management bodies or domain name registration service bodies intend to terminate corresponding services within the licence’s period, they shall notify users, put forward feasible plans to deal with the aftermath, and submit a written application to the original licence-issuing body.

After the original licence-issuing body receives the application, they shall announce it to society for 30 days. Within 60 days after the conclusion the period of announcement, the original licence-issuing body shall complete examination work and make a decision of approval or non-approval.

Article 19: Where the period of validity of a licence is expiring, and it is necessary to continue to engage in domain name services, [applicants] shall apply for an extension within 90 days in advance, with the original licence-issuing body; where domain name services will not be continued, it shall be reported within 90 days in advance to the original licence-issuing body, and aftermath work shall be completed.

Article 20: Where domain name registration service bodies entrust domain name registration agency bodies with conducting market retail and other such work, they shall supervise and manage the work of the said domain name registration agency bodies.

In the process of work, including entrusted market retail, domain name registration agency bodies shall actively indicate their agency relationship, and indicate the name of and agency relationship with the corresponding domain name registration service bodies in the domain name registration service contract.

Article 21: Domain name registration management bodies and domain name registration service bodies shall establish corresponding emergency response back-up systems and emergency response mechanisms within the borders, and regularly create back-ups of domain name registration data within the borders.

Article 22: Domain name root server-running bodies, domain name registration management bodies and domain name registration service bodies shall, in a clear position on the front page of their websites and in their business premises, indicate their licencing information. Domain name registration management bodies shall also indicate a name list of the domain name registration service bodies with which they cooperate.

Domain name registration service bodies shall require domain name registration agency bodies to indicate the name of the domain name registration service body in a clear position on the front page of their website and their business premises.

Chapter III: Domain name services

Article 23: Domain name root server-running bodies, domain name registration management bodies and domain name registration service bodies shall provide secure, convenient and stable services to users.

Article 24: Domain name registration management bodies shall, on the basis of these Measures, formulate domain name registration implementation rules and publish them to society.

Article 25: Domain name registration management bodies shall carry out domain name registration services through domain name registration service bodies approved by telecommunications management bodies.

Domain name registration service bodies shall provide services according to their licenced domain name registration service clauses, they may not provide domain name registration services for domain name registration management bodies that have not been licenced.

Article 26: In principle, “the first to apply is the first to register” in domain name registration services, where implementation regulations for corresponding top-level domain mane registration provide otherwise, those provisions are to be followed.

Article 27: In order to safeguard the national interest and the interests of the social public, domain name registration management bodies shall establish a reserved domain name registration character structure.

Article 28: Domain name registration service bodies may not provide services to any organization or individual for domain names containing the following content:

(1) content violating the basic principles determined in the Constitution;

(2) content endangering national security, divulging State secrets, subverting the national regime, and destroying national unity;

(3) content harming the nation's honor and interests;

(4) content inciting ethnic hatred or ethnic discrimination, or destroying ethnic unity;

(5) content destroying State religious policies or propagating heresy and feudal superstition;

(6) content disseminating rumors, upsetting social order or destroying social stability;

(7) content disseminating obscenity, sex, gambling, violence, murder, terror or instigating crime;

(8) content insulting or defaming others, or harming others’ lawful rights and interests;

(9) other content prohibited by laws or administrative regulations.

Article 29: Domain name registration service bodies may not adopt fraudulent, coercive or other such improper means to demand other persons to register domain names.

Article 30: Domain name registration service bodies shall demand domain name registration applicants to submit true, accurate and complete identity information of the domain name holder and other such domain name registration information.

Domain name registration management bodies and domain name registration service bodies shall examine the veracity and completeness of domain name registration information.

Where domain name applicants submit domain name registration information that is inaccurate or incomplete, domain name registration service bodies shall demand their correction. Where applicants do not correct this or submit inaccurate domain name registration information, domain name registration service bodies may not provide domain name services to them.

Article 31: Domain name registration service bodies shall make public the content, time limits and fees of domain name registration services, ensure service quality, and provide public inquiry services for domain name registration information.

Article 32: Domain name registration management bodies and domain name registration service bodies shall protect users’ personal information according to the law. Except for providing public inquiry services for domain name registration information, or where laws or regulations provide otherwise, without user agreement, it is not permitted to provide users’ personal information to others.

Article 33: Where changes occurs to domain name holders’ contact method and other such information, they shall carry out domain name registration information modification formalities with the domain name registration service body within 30 days.

Where domain name holders transfer a domain name to another person, the latter shall abide by the corresponding domain name registration requirements.

Article 34: Domain name holders may choose and change their domain name registration service body. Where they change of domain name registration service body, the former domain name registration service body shall cooperate with the domain name holder to transfer corresponding domain name registration information.

Without legitimate reason, domain name registration service bodies may not impede domain name holders to change domain name registration service body.

Domain names of which the telecommunications management body demands cessation of the resolution may not be subject to change of domain name registration service body or transferred to other persons, except where laws or administrative regulations provide otherwise.

Article 35: Domain name registration management bodies and domain name registration service bodies shall establish complaints acceptance mechanisms, and announce complaints acceptance methods in a clear location on the front page of their website and their business premises.

Domain name registration management bodies and domain name registration service bodies shall timely deal with complaints; where it is impossible to deal with them in a timely manner, they shall explain the reason and the processing time.

Article 36: For provision of domain name resolution services, [providers] shall possess corresponding technological, service and network and information security protection capabilities, conform to relevant laws, regulations as well as technological norms and standards, implement network and information security protection measures, record and preserve daily domain name resolution records and modification records, and guarantee resolution service quality and the security of the resolution system. Where telecommunications operations are involved, they shall obtain a telecommunications business licence according to the law.

Article 37: Domain names engaging in network access within the borders shall have services provided by domestic domain name registration service bodies, and domestic domain name registration management bodies shall carry out operational management.

For domain names engaging in network access within the borders, but which are not managed by domestic domain name registration service bodies, Internet access service providers may not provide network access services.

Article 38: In the provision of domain name resolution services, resolution information may not be distorted without authorization. Without permission from another person , it is not permitted to redirect domain name resolution towards [that] other person’s IP address.

Article 39: In the provision of domain name resolution services, it is not permitted to provide domain name forwarding for unlawful online information services.

Article 40: Domain name registration management bodies and domain name registration service bodies shall collaborate with relevant State departments in launching relevant investigation work according to the law, and deal with domain names where unlawful activities occur according to the requirements of telecommunications management bodies.

Article 41: Domain name root server-running bodies, domain name registration management bodies and domain name registration service bodies shall respect relevant State laws and regulations, and technical standards and norms, implement network and information security protection measures, allocate the necessary network telecommunications emergency response equipment, formulate network telecommunications protection emergency response plans, and establish and complete network and information security monitoring technology measures and emergency response structures. When network or information security incidents occur in domain name systems, they shall timely be reported to telecommunications management bodies.

When necessary due to national security or to deal with emergency incidents, domain name root server-running bodies, domain name registration management bodies and domain name registration service bodies shall obey the unified command and coordination of telecommunications management bodies, and respect the management requirements of telecommunications management bodies.

Article 42: Where one of the following circumstances occurs with an already-registered domain name, domain name registration service bodies shall cancel it, and notify the domain name holder:

(1) where the domain name holder applies to cancel the domain name;

(2) where the domain name submits false domain name registration information;

(3) where it should be cancelled on the basis of a verdict from a People’s Court, arbitration body or domain name dispute resolution body;

(4) where relevant State departments make a decision of domain name cancellation according to the law;

(5) other circumstances where laws or administrative regulations provide for cancellation.

Chapter IV: Oversight and Inspection

Article 43: Telecommunications management bodies shall strengthen supervision and inspection of domain name services. Domain name root server-running bodies, domain name registration management bodies and domain name registration service bodies shall accept and cooperate with the supervision and inspection by telecommunications management bodies.

The Ministry of Industry and Information Technology encourages the launch of self-disciplinary activities in the domain name sector, and encourages the public to supervise domain name services.

Article 44: Domain name root server-running bodies, domain name registration management bodies and domain name registration service bodies shall, according to telecommunications management body requirements, regularly report their professional circumstances, operational security circumstances, and complaints and disputes circumstances.

Article 45: When telecommunications management bodies carry out supervision and inspection according to the law, they shall comprehensively examine and verify the materials submitted by domain name root server-running bodies, domain name registration management bodies and domain name registration service bodies, they shall also inspect their business subjects, business activities and service quality, network and information security, and their implementation of relevant State and telecommunications management body provisions.

Telecommunications management bodies may entrust specialist bodies to carry out supervision and inspection activities.

Article 46: Telecommunications management bodies shall establish credit record structures for domain name root server-running bodies, domain name registration management bodies and domain name registration service bodies, and shall enter their violations of these Measures, as well as the administrative punishment they receive, into the credit file.

Article 47: When telecommunications management bodies carry out supervision and inspection, they may not obstruct the regular operations and service activities of domain name root-server-running bodies, domain name registration management bodies and domain name registration service bodies, they may not accept any fee, and may not divulge the domain name registration information they acquire.

Chapter V: Penalties

Article 48: Where, in violation of the provisions of Article 9 of these Measures, an unauthorized domain name root server or domain name root server-running body, domain name registration management body or domain name registration service body is established without a licence, telecommunications management bodies shall, according to the provision of Article 81 of the “Administrative Licensing Law of the People’s Republic of China”, adopt measures to cease this, and in view of the gravity of the circumstances, impose a fine of 10.000 Yuan or more but less than 30.000 Yuan.

Article 49: Where, in violation of the provisions of these Measures, one of the following circumstances occurs in domain name registration management bodies or domain name registration service bodies, the telecommunications management bodies, on the basis of their powers, order rectification within a limited time, and in view of the gravity of the circumstances, impose a fine of 10.000 Yuan or more but less than 30.000 Yuan, and publish the matter to society:

(1) where unlicensed domain name registration management bodies provide domain name registration services, or where domain name registration services are offered through unlicensed domain name registration service bodies;

(2) where domain name registration services are not provided according to the clauses of the licence;

(3) where services are provided to others who register or use domain names with unlawful content;

(4) where the veracity and completeness of domain name registration information is not verified;

(5) where domain name holders are impeded from changing their domain name registration service body without legitimate reason.

Article 50: Where, in violation of the provisions of these Measures, one of the following acts is committed in the provision of domain name resolution services, telecommunications management bodies order rectification within a limited time, and may, in view of the gravity of the circumstances, additionally impose a fine of 10.000 Yuan or more but less than 30.000 Yuan, and publish the matter to society:

(1) where domain name resolution information is distorted without authorization or domain name resolution is redirected to another person’s IP address;

(2) where domain name forwarding is offered to unlawful online information services;

(3) where network and information security protection measures are not implemented;

(4) where domain name resolution records or modification records are not recorded or preserved;

(5) where domain names involved in unlawful activities are not handled according to requirement.

Article 51: Where Article 17, Article 18 Paragraph I, Article 21, Article 22, Article 29, Article 31, Article 32, Article 35 Paragraph I, Article 37 Paragraph II, or Article 41 of these Measures are violated, the telecommunications management body shall, on the basis of its powers, order rectification within a limited time, and may also additionally impose a fine of 10,000 Yuan or more but less than 30,000 Yuan, and publicly announce this.

Article 52: Where any organization or individual, in violation of the provisions of Article 28 of these Measures, registers or uses a domain name in a manner constituting a crime, criminal liability will be prosecuted according to the law; where it does not yet constitute a crime, relevant State bodies will impose punishment according to the law.

Chapter VI: Supplementary Provisions

Article 53: The meanings of the following terms used in these Measures are:

(1) Domain name: refers to a digital indicator that is used on the Internet to distinguish and orient the hierarchical structure of computers, and corresponds to the computer’s Internet protocol (IP) address.

(2) Chinese-language domain name: refers to domain names in Chinese language characters.

(3) Top-level domain name: refers to the domain naming at the first level under the root node in the domain name system.

(4) Domain name root server: refers to the server tasked with root node functions in the domain name system (including mirror servers).

(5) Domain name root server-running body: refers to bodies that have obtained permission according to the law, and undertake running, maintaining and management of domain name root servers.

(6) Domain name registration management body: refers to bodies that have obtained permission according to the law, and undertake top-level domain name operations and management work.

(7) Domain name registration service body: refers to bodies that have obtained permission according to the law, which accept domain name registration applications and complete registration of domain names in the top-level domain database.

(8) Domain name registration agency body: refers to bodies that, on entrustment of domain name registration service bodies, accept domain name registration applications and indirectly complete registration of domain names in the top-level domain database.

(9) Top-level domain name management system: refers to the main information systems of domain name registration management bodies that are required to run top-level domain name operations and management within the borders, including registration management systems, registration databases, domain name resolution systems, domain name information inquiry systems, identity information verification systems, etc.

(10) Domain name forwarding: refers to a situation where an inquiry to a certain domain name is forwarded to a bound domain name or is redirected to another domain name, IP address or online information service, etc.

Article 54: The time periods provided in these Measures, except where working days are indicated, refer to natural days.

Article 55: Those who haven’t obtained corresponding licences but engage in domain name services before these Measures took effect shall, within six months of these Measures taking effect, carry out licencing formalities according to the provisions of these Measures.

For domain name root server-running bodies, domain name registration management bodies and domain name registration service bodies that had already obtained licences when these Measures took effect, the provisions of Article 16 of these Measures apply to the period of validity of their licences, and the period of validity will be calculated from the date of these Measures taking effect.

Article 56: These Measures take effect on (day, month, year). The “Chinese Internet Domain Name Management Measures ” (former Ministry of Information Industry Decree No. 30) promulgated on 5 November 2004 will be abolished at the same time.

 

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