[Transfer] Measures for the Administration of Internet Domain Names (Revised Draft for Comments)

In order to regulate Internet domain name service activities and implement the relevant provisions of the Decision of the State Council on Cancellation and Adjustment of a Batch of Administrative Approval Items (GF [2014] No. 27), our Ministry has drafted《 Administrative Measures for Internet Domain Names (Revised Draft for Comments), which is now open to the public for comments. Please give feedback before April 25, 2016.

Contact: Department of Policies and Regulations, Ministry of Industry and Information Technology

Tel.: 010 － 68205072 (fax)

mail box: law@miit.gov.cn

Address: Department of Policies and Regulations, Ministry of Industry and Information Technology, No. 13, West Chang'an Street, Xicheng District, Beijing (postcode: 100804). Please indicate "Regulations for Comments" on the envelope.

The following full text:

general provisions

Article 1 In order to regulate the Internet domain name service activities, protect the legitimate rights and interests of users, ensure the safe and reliable operation of the Internet domain name system, promote the development and application of Chinese domain names and national top-level domain names, and promote the healthy development of the Internet in China, according to the Administrative License Law of the People's Republic of China and the Decision of the State Council on Establishing Administrative Licenses for Administrative Examination and Approval Items that Need to Be Retained These Measures are formulated with reference to the international Internet domain name management guidelines.

Article 2 These Measures shall be observed when engaging in Internet domain name services and related activities within the territory of the People's Republic of China.

The term "Internet domain name service" (hereinafter referred to as "domain name service") as mentioned in these Measures refers to activities such as the operation and management of domain name root servers, the operation and management of top-level domain names, domain name registration, domain name resolution, etc.

Article 3 The Ministry of Industry and Information Technology shall supervise and manage the national domain name service, and its main responsibilities are:

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

（2） Formulate the development plan of the Internet domain name system and domain name resources;

（3） Manage the domestic domain name root server operation organization and domain name registration management organization;

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

（5） Protect users' personal information and legitimate rights and interests according to law;

（6） Responsible for international coordination related to domain names;

（7） Manage domestic domain name resolution services;

（8） Manage other activities related to domain name services.

Article 4 The communication administrations of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for the supervision and administration of domain name services within their respective administrative regions. Their main responsibilities are:

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

（2） Manage the domain name registration service agencies in the administrative region;

（3） Assist the Ministry of Industry and Information Technology in managing the domain name root server operating agencies and domain name registration management agencies in their own administrative regions;

（4） Be responsible for the network and information security management of the domain name system in the administrative region;

（5） Protect users' personal information and legitimate rights and interests according to law;

（6） Manage the domain name resolution service in the administrative region;

（7） Manage other activities related to domain name services in the administrative region.

Article 5 The Internet domain name system shall be announced by the Ministry of Industry and Information Technology. According to the actual situation of domain name development, the Ministry of Industry and Information Technology can adjust the Internet domain name system.

Article 6 ". CN" and ". China" are China's national top-level domain names.

Chinese domain name is an important part of the Internet domain name system. The State encourages and supports the technical research, popularization and application of the Chinese domain name system.

Article 7 The provision of domain name services shall comply with relevant national laws and regulations, and comply with relevant technical specifications and standards.

Article 8 No organization or individual may obstruct the safe and stable operation of the Internet domain name system.

Chapter II Domain Name Management

Article 9 The establishment of a domain name root server and its operating agency, a domain name registration authority and a domain name registration service agency within the territory of China shall be subject to the corresponding permission of the Ministry of Industry and Information Technology or the provincial, autonomous regional and municipal communications administration (hereinafter referred to as the telecommunications administration).

Article 10 Those who apply for the establishment of a domain name root server and a domain name root server operating agency shall meet the following conditions:

（1） The root server of the domain name is set in China and meets the requirements of Internet development related planning and the safe and stable operation of the domain name system;

（2） It is a legal person legally established in China, and the legal person and its major investors, major business management personnel have good credit records;

（3） It has the site, funds, environment, professionals and technical capabilities to ensure the safe and reliable operation of the domain name root server, as well as the information management system that meets the requirements of the telecommunications management organization;

（4） It has sound network and information security assurance measures, including management personnel, network and information security management system, emergency response plan and relevant technologies, management measures, etc;

（5） Have the ability to protect users' personal information, provide long-term services and a sound service exit mechanism;

（6） Other conditions stipulated by laws and administrative regulations.

Article 11 Anyone who applies for the establishment of a domain name registration authority shall meet the following conditions:

（1） The top-level domain name management system is set up in China, and the top-level domain name held complies with relevant laws and regulations and the requirements for the safe and stable operation of the domain name system;

（2） It is a legal person legally established in China, and the legal person and its major investors, major business management personnel have good credit records;

（3） It has a sound business development plan and technical solution, as well as a site, funds, professionals and information management system that meets the requirements of the telecommunications management organization and is suitable for the operation and management of TLDs;

（4） It has sound network and information security assurance measures, including management personnel, network and information security management system, emergency response plan and relevant technologies, management measures, etc;

（5） Have the ability to verify the real identity information and protect the user's personal information, provide long-term services and a sound service exit processing mechanism;

（6） It has a sound management system for domain name registration service and a supervision mechanism for domain name registration service agencies;

（7） Other conditions stipulated by laws and administrative regulations.

Article 12 Anyone who applies for the establishment of a domain name registration service agency shall meet the following conditions:

（1） The domain name registration service system, registration database and resolution system are set in China;

（2） It is a legal person legally established in China, and the legal person and its major investors, major business management personnel have good credit records;

（3） It has the site, funds and professionals suitable for the domain name registration service and the information management system that meets the requirements of the telecommunications administration;

（4） Have the ability to verify the real identity information and protect the user's personal information, provide long-term services and a sound service exit mechanism;

（5） It has a sound management system for domain name registration services and a supervision mechanism for domain name registration agencies;

（6） It has sound network and information security assurance measures, including management personnel, network and information security management system, emergency response plan and relevant technologies, management measures, etc;

（7） Other conditions stipulated by laws and administrative regulations.

Article 13 Anyone who applies for the establishment of a domain name root server, a domain name root server operating agency, and a domain name registration authority shall submit application materials to the Ministry of Industry and Information Technology. Those who apply for the establishment of a domain name registration service agency shall submit application materials to the communication administration of the province, autonomous region, or municipality directly under the Central Government where they are domiciled.

The application materials shall include:

（1） Basic information of the applicant;

（2） Evidence of effective management of domain name services, including evidence of relevant systems and places, service capabilities, management systems, agreements signed with other institutions, etc;

（3） Network and information security guarantee system and measures;

（4） Materials proving the reputation of the applicant;

（5） A letter of commitment signed by the legal representative for lawful and honest operation.

Article 14 If the application materials are complete and conform to the legal form, the telecommunications administration institution shall issue a notice of acceptance of the application to the applicant; If the application materials are incomplete or do not conform to the legal form, the telecommunications regulatory authority shall inform the applicant in writing of all the contents that need to be supplemented or corrected on the spot or within 5 working days; If the application is rejected, a notice of rejection shall be issued and the reasons shall be explained.

Article 15 The telecommunications regulatory authority shall, within 20 working days from the date of acceptance, complete the examination and make a decision on whether to grant or disapprove the license. If a decision cannot be made within 20 working days, it may be extended for 10 working days with the approval of the person in charge of the telecommunications regulatory agency, and the applicant shall be informed of the reason for the extension. If it is necessary to organize experts to demonstrate, the demonstration time shall not be included in the review period.

If a license is granted, corresponding license documents shall be issued; If the permission is not granted, the applicant shall be notified in writing and the reasons shall be explained.

Article 16 The license period of the domain name root server operating agency, domain name registration management agency and domain name registration service agency is five years.

Article 17 If the name, address, legal representative and other information of the domain name root server operating agency, domain name registration management agency and domain name registration service agency change, they shall go through the change procedures with the original issuing authority within 20 days from the date of change.

Article 18 Within the validity period of the license, if the domain name root server operating agency, domain name registration management agency, and domain name registration service agency intend to terminate the relevant services, they shall notify the user, propose a feasible post-processing plan, and submit a written application to the original license issuing authority.

The original issuing authority shall publicize the application to the public for 30 days after receiving it. Within 60 days after the end of the publicity period, the original issuing authority shall complete the examination and make a decision on whether to approve or not.

Article 19 If it is necessary to continue to engage in domain name services at the expiration of the validity period of the license, it shall apply to the original license issuing authority for extension 90 days in advance; If they do not continue to engage in domain name services, they should report to the original license issuing authority 90 days in advance and do a good job in dealing with the aftermath.

Article 20 Where a domain name registration service agency entrusts a domain name registration agency with marketing and other work, it shall supervise and manage the work of the domain name registration agency.

The domain name registration agency shall take the initiative to indicate the agency relationship in the process of carrying out entrusted marketing and other work, and clearly indicate the name and agency relationship of the relevant domain name registration service agency in the domain name registration service contract.

Article 21 The domain name registration authority and domain name registration service agency shall set up corresponding emergency backup system and emergency mechanism in China, and regularly back up the domain name registration data in China.

Article 22 The operation agency of the domain name root server, the domain name registration administration agency, and the domain name registration service agency shall indicate their licensing related information on the front page of their website and in a prominent position on their business premises. The domain name registration authority shall also indicate the name list of the domain name registration service agencies it cooperates with.

The domain name registration service agency shall require the domain name registration agency to indicate the name of the domain name registration service agency on the front page of its website and in a prominent position on its business premises.

Chapter III Domain Name Service

Article 23 The domain name root server operating agency, domain name registration management agency and domain name registration service agency shall provide users with safe, convenient and stable services.

Article 24 The domain name registration authority shall, in accordance with these Measures, formulate detailed rules for the implementation of domain name registration and disclose them to the public.

Article 25 The domain name registration authority shall carry out domain name registration services through the domain name registration service agency approved by the telecommunications authority.

The domain name registration service agency shall provide services according to the licensed domain name registration service items, and shall not provide domain name registration services to unlicensed domain name registration management agencies.

Article 26 Domain name registration services shall, in principle, implement the principle of "first apply first register". If there are other provisions in the implementation rules for the registration of top-level domain names, those provisions shall prevail.

Article 27 In order to safeguard the national interests and the public interests, the domain name registration authority shall establish a reserved word system for domain name registration.

Article 28 A domain name registration service agency shall not provide services for any organization or individual to register or use a domain name containing the following contents:

（1） Opposing the basic principles set forth in the Constitution;

（2） Endangering national security, divulging state secrets, subverting state power and undermining national unity;

（3） Damage to national honor and interests;

（4） Inciting national hatred and discrimination, and undermining national unity;

（5） Those who undermine the state's religious policy and promote heresy and feudal superstition;

（6） Spreading rumors, disturbing social order and undermining social stability;

（7） Spreading obscenity, pornography, gambling, violence, murder, terror or abetting crime;

（8） Insult or slander others, and infringe upon the lawful rights and interests of others;

（9） Containing other contents prohibited by laws and administrative regulations.

Article 29 The domain name registration service agency shall not request others to register domain names by fraud, coercion or other improper means.

Article 30 The domain name registration service agency shall require the domain name registration applicant to submit the true, accurate and complete identity information of the domain name holder and other domain name registration information.

The domain name registration authority and the domain name registration service agency shall verify the authenticity and integrity of the domain name registration information.

If the domain name registration information submitted by the domain name registration applicant is inaccurate and incomplete, the domain name registration service agency shall require it to make corrections. If the applicant does not correct or submit untrue domain name registration information, the domain name registration service agency shall not provide domain name registration services for it.

Article 31 A domain name registration service agency shall publish the content, time limit and fees of domain name registration services, ensure the quality of services, and provide public query services for domain name registration information.

Article 32 The domain name registration authority and domain name registration service agency shall protect users' personal information according to law. Unless otherwise specified by the public query service or laws and regulations for providing domain name registration information, the user's personal information shall not be provided to others without the user's consent.

Article 33 If the contact information and other information of the domain name holder are changed, they shall go through the formalities for the change of domain name registration information with the domain name registration service agency within 30 days after the change.

If the domain name holder transfers the domain name to another person, the latter shall comply with the relevant requirements for domain name registration.

Article 34 The domain name holder may choose and change the domain name registration service agency. If the domain name registration service agency is changed, the original domain name registration service agency shall cooperate with the domain name holder to transfer the domain name registration related information.

Without proper reasons, the domain name registration service provider shall not prevent the domain name holder from changing the domain name registration service provider.

The domain name that the telecommunications administration requires to stop resolving shall not be changed or transferred to another person, unless otherwise specified by laws and administrative regulations.

Article 35 The domain name registration authority and the domain name registration service agency shall establish a complaint acceptance mechanism, and publish the complaint acceptance method on the home page of their website and prominently on their business premises.

The domain name registration authority and domain name registration service agency shall handle complaints in a timely manner; If it cannot be handled in time, it shall explain the reasons and time limit for handling.

Article 36 The provision of domain name resolution services should have the corresponding technology, services and network and information security assurance capabilities, comply with relevant laws, regulations and technical specifications and standards, implement network and information security assurance measures, record and retain domain name resolution maintenance logs and change records, and ensure the quality of resolution services and the security of the resolution system. If it involves the operation of telecommunications business, it shall obtain a telecommunications business license according to law.

Article 37 The domain names that are connected to the Internet in China shall be provided with services by the domestic domain name registration service agency and operated and managed by the domestic domain name registration administration agency.

Internet access service providers are not allowed to provide network access services for domain names that have network access in China but are not under the management of domestic domain name registration services.

Article 38 The domain name resolution service shall not be provided without authorization. Without the consent of others, the domain name resolution shall not be directed to the IP address of others.

Article 39 The provision of domain name resolution services shall not provide domain name jump for illegal network information services.

Article 40 The domain name registration authority and the domain name registration service agency shall cooperate with the relevant national authorities in carrying out relevant inspections according to law, and dispose of the domain names with illegal acts according to the requirements of the telecommunications authority.

Article 41 The domain name root server operating agency, domain name registration management agency and domain name registration service agency shall comply with relevant national laws, regulations and technical specifications and standards, implement network and information security assurance measures, configure necessary network communication emergency equipment, and formulate an emergency plan for network communication assurance, Establish and improve network and information security monitoring technical means and emergency system. When network and information security accidents occur in the domain name system, they shall be reported to the telecommunications regulatory authority in a timely manner.

For the needs of national security and emergency handling, the domain name root server operating agency, domain name registration management agency and domain name registration service agency shall obey the unified command and coordination of the telecommunications management agency and comply with the management requirements of the telecommunications management agency.

Article 42 If any of the following circumstances occurs to a registered domain name, the domain name registration service agency shall cancel it and notify the domain name holder:

（1） The domain name holder applies for cancellation of the domain name;

（2） The domain name holder submits false domain name registration information;

（3） It should be cancelled according to the judgment made by the people's court, arbitration institution or domain name dispute settlement institution;

（4） The relevant national department makes a decision to cancel the domain name according to law;

（5） Other circumstances under which cancellation is required by laws and administrative regulations.

Chapter IV Supervision and Inspection

Article 43 The telecommunications regulatory authority shall strengthen the supervision and inspection of domain name services. The domain name root server operating agency, domain name registration management agency and domain name registration service agency shall accept and cooperate with the supervision and inspection of the telecommunications management agency.

The Ministry of Industry and Information Technology encourages self-discipline activities in the domain name service industry and encourages the public to supervise domain name services.

Article 44 The domain name root server operating agency, the domain name registration authority, and the domain name registration service agency shall, according to the requirements of the telecommunications administration, regularly submit information such as business development, security operation, complaints and dispute resolution.

Article 45 When conducting supervision and inspection, the telecommunications regulatory authority shall conduct a comprehensive review of the materials submitted by the domain name root server operation agency, the domain name registration administration agency and the domain name registration service agency, and inspect their business entities, business behaviors and service quality, network and information security, and the implementation of the relevant provisions of the state and the telecommunications regulatory authority.

The telecommunications regulatory agency may entrust professional institutions to carry out relevant supervision and inspection activities.

Article 46 The telecommunications administration shall establish a credit record system for the domain name root server operation agency, domain name registration administration agency and domain name registration service agency, and record their violations of these Measures and administrative penalties in the credit file.

Article 47 The supervision and inspection carried out by the telecommunications regulatory authority shall not hinder the normal operation and service activities of the domain name root server operating agency, the domain name registration regulatory agency and the domain name registration service agency, shall not charge any fees, and shall not disclose the domain name registration information that it knows.

Chapter V Penalty Provisions

Article 48 In case of violation of Article 9 of these Measures and unauthorized establishment of a domain name root server, a domain name root server operation agency, a domain name registration administration agency, and a domain name registration service agency, the telecommunications administration agency shall take measures to stop it in accordance with Article 81 of the Administrative Licensing Law of the People's Republic of China, and depending on the seriousness of the case, Give a warning or impose a fine of not less than 10000 yuan but not more than 30000 yuan.

Article 49 If a domain name registration authority or a domain name registration service agency violates the provisions of these Measures and commits one of the following acts, the telecommunications authority shall, according to its authority, order it to make corrections within a time limit, impose a fine of not less than 10000 yuan but not more than 30000 yuan depending on the seriousness of the case, and announce it to the public:

（1） Providing domain name registration services to unlicensed domain name registration authorities, or conducting domain name registration services through unlicensed domain name registration agencies;

（2） Failing to provide services according to the licensed domain name registration service items;

（3） Providing services for others to register and use domain names containing illegal content;

（4） Failing to verify the authenticity and integrity of domain name registration information;

（5） Prevent the domain name holder from changing the domain name registration server without proper reasons

Structural;

Article 50 If anyone, in violation of the provisions of these Measures, provides domain name resolution services and commits one of the following acts, the telecommunications regulatory authority shall order him to make corrections within a time limit, and may, depending on the seriousness of the case, impose a fine of not less than 10000 yuan but not more than 30000 yuan, and make a public announcement:

（1） Unauthorized tampering with the domain name resolution information or pointing the domain name resolution to someone else's IP address;

（2） Providing domain name jump for illegal network information services;

（3） Failing to implement network and information security measures;

（4） Failing to record and keep the domain name resolution maintenance log and change record;

（5） Failing to dispose the domain name with illegal acts as required.

Article 51 Those who violate the provisions of Article 17, the first paragraph of Article 18, Article 21, Article 22, Article 29, Article 31, Article 32, the first paragraph of Article 35, the second paragraph of Article 37, and Article 41 of these Measures shall be ordered by the telecommunications regulatory authority to make corrections within a time limit and may also be fined not less than 10000 yuan but not more than 30000 yuan, Announce to the public.

Article 52 Any organization or individual that registers or uses domain names in violation of Article 28 of these Measures and constitutes a crime shall be investigated for criminal responsibility according to law; If the case does not constitute a crime, it shall be punished by the relevant state organs according to law.

Chapter VI Supplementary Provisions

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

（1） Domain name: refers to the hierarchical character identifier for identifying and locating computers on the Internet, which corresponds to the Internet Protocol (IP) address of the computer.

（2） Chinese domain name: refers to the domain name containing Chinese characters.

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

（4） Domain name root server: refers to the server (including mirror server) that undertakes the function of root node in the domain name system.

（5） Domain name root server operation organization: refers to the organization that is legally licensed and undertakes the operation, maintenance and management of the domain name root server.

（6） Domain name registration authority: refers to the organization that is licensed according to law and undertakes the operation and management of top-level domain names.

（7） Domain name registration service organization: refers to the organization that is legally licensed and accepts domain name registration applications and completes domain name registration in the top-level domain name database.

（8） Domain name registration agency: refers to the agency entrusted by the domain name registration service agency to accept domain name registration applications and indirectly complete the registration of domain names in the top-level domain name database.

（9） TLD management system: refers to the main information systems required by the domain name registration authority to carry out the operation and management of TLD in China, including the registration management system, registration database, domain name resolution system, domain name information query system, identity information verification system, etc.

（10） Domain name jump: refers to the access to a domain name jump to other domain names, IP addresses or network information services that the domain name is bound to or directed to.

Article 54 All the dates specified in these Measures are natural days, except those explicitly defined as working days.

Article 55 Those who have not obtained the corresponding license to carry out domain name services before the implementation of these Measures shall, within six months from the date of the implementation of these Measures, go through the licensing procedures in accordance with these Measures.

For domain name root server operators, domain name registration administrations and domain name registration services that have obtained licenses before the implementation of these Measures, the validity period of their licenses shall be subject to the provisions of Article 16 of these Measures, and the validity period shall be calculated from the date of implementation of these Measures.

Article 56 These Measures shall come into force as of. The Measures for the Administration of Internet Domain Names in China (Order No. 30 of the former Ministry of Information Industry) promulgated on November 5, 2004 shall be repealed at the same time.

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